Acts and resolutions of the General Assembly of the State of Georgia 2007, volume 2

ACTS AND RESOLUTIONS OF THE
GENERAL ASSEMBLY
OF THE STATE OF GEORGIA
2007
COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE
Volume Two

COMPILER'S NOTE
General Acts and Resolutions of the 2007 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 06-07 and the Appropriations Act for FY 07-08 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, 2006 and April 30, 2007 are printed in Volume Two beginning at pages 4391 and 4447, respectively.
There are no numbered pages between page 776, 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Annotated which they amend and the tabular index contains a list of Code sections which have been amended, enacted, or repealed.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 2007
TABLE OF CONTENTS
VOLUME ONE
Acts and Resolutions of General Application ............................... . Supplementary Appropriations Act for FY 06-07...................... Appendix General Appropriations Act for FY 07-08............................ Appendix
VOLUME TWO
Acts and Resolutions of Local Application............................... 3501 County and Consolidated Government Home Rule Actions.................. 4391 Municipal Home Rule Actions........................................ 4447 Georgetown-Quitman County Charter. .................................. 4519
VOLUME THREE
Acts by Numbers-Page References....................................... 1A Bills and Resolutions-Act Number References .............................. SA Index-Tabular....................................................... 1OA Index-General. ..................................................... 37A Population of Georgia Counties-Alphabetically........................... 10 1A Population of Georgia Counties-Numerically............................. 1OSA Population of Municipalities-Alphabetically.............................. 110A Population of Municipalities-Numerically................................ 118A Population of Judicial Circuits......................................... 126A Georgia Senate Districts, Alphabetically by County........................ 131 A Georgia Senators, Numerically by District............................... 133A Georgia House Districts, Alphabetically by County........................ 13 7A Georgia Representatives, Numerically by District.......................... 139A Status of Referendum Elections........................................ 149A Vetoes by the Governor. ............................................. 364A Legislative Services Committee and Staff................................ 401A

GEORGIA LAWS 2007 SESSION

3501

CARROLL COUNTY- DIVISION OF SALES TAX PROCEEDS BETWEEN THE CARROLL COUNTY SCHOOL DISTRICT AND THE INDEPENDENT SCHOOL DISTRICTS LOCATED WHOLLY OR PARTLY WITHIN CARROLL COUNTY.

No. 1 (House Bill No. 223).

AN ACT

To provide for a method of distribution of the net proceeds of the sales tax for education purposes levied in Carroll County; to provide for the method of distribution of proceeds of such tax between the Carroll County School District and the independent school districts located wholly or partially within Carroll County, including particularly the City of Carrollton School System and the City of Bremen School System; to provide for authority under Article VIII, Section VI, Paragraph IV of the Constitution; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. The net proceeds of the sales tax for educational purposes imposed in Carroll County pursuant to the election to be held on March 20, 2007, under the authority of Article VIII, Section VI, Paragraph IV of the Constitution shall be distributed as provided in this Act between the Carroll County School System and the independent school districts, or portion thereof, located in Carroll County. The Georgia Department of Revenue shall distribute the net proceeds of such tax to such school districts on the following basis: City of Bremen School System, 3.95 percent of the total net proceeds; City of Carrollton School System, 20.75 percent of the total net proceeds; and Carroll County School System, 75.30 percent of the total net proceeds. Each installment of the net proceeds for any period ofcollection shall be distributed by the Department of Revenue to the three school systems, with each system receiving its pro rata share according to the foregoing formula.

SECTION 2. This Act is enacted pursuant to the specific authority provided for in Article VIII, Section VI, Paragraph IV(g) of the Constitution.

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

3502

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 2007 session of the General Assembly of Georgia a bill to provide for a method of distribution of the net proceeds of the sales tax for education purposes levied in Carroll County; to provide for the method of distribution of proceeds of such tax between the Carroll County School District and the independent school districts located wholly or partially within Carroll County, including particularly the City ofCarrollton School System and the City ofBremen School System: To provide for authority under Article VIII, Section VI, Paragraph IV of the Constitution; to provide for related matters; and for other purposes.

Representative Mark Butler 18th District

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mark Butler, who on oath deposes and says that he is the Representative from District 18 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Haralson Gateway Beacon which is the official organ of Haralson County on January 25, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

s/ MARK BUTLER Mark Butler Representative, District 18

Sworn to and subscribed before me, this 29th day of January 2007.

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 given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to provide for a method of distribution of the net proceeds of the sales tax for education purposes levied in Carroll County; to provide for the method of distribution of proceeds of such tax between the Carroll County School District and the independent school districts located wholly or partially within Carroll County, including

GEORGIA LAWS 2007 SESSION

3503

particularly the City ofCarrollton School System and the City of Bremen School System: To provide for authority under Article VIII, Section VI, Paragraph IV of the Constitution; to provide for related matters; and for other purposes.

Representative Mark Butler 18th District

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mark Butler, who on oath deposes and says that he is the Representative from District 18 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Times Georgian which is the official organ of Carroll County on January 18, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

s/ MARK BUTLER Mark Butler Representative, District 18

Sworn to and subscribed before me, this 29th day of January 2007.

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

Approved March 5, 2007.

CAMDEN COUNTY- REDEVELOPMENT POWERS; REFERENDUM.
No.2 (House Bill No. 266).
AN ACT
To authorize Camden County to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 ofthe O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to

3504

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Camden County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Camden County for approval or rejection. The election superintendent shall conduct that election on a date during 2007 as determined by the governing authority and as provided in Code Section 21-2-540 of the O.C.G.A. and shall issue the call and conduct that election as provided by general law. The 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 ofCamden County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which authorizes Camden County to exercise redevelopment powers under the 'Redevelopment Powers Law,' as it may
( ) NO 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 Camden County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

GEORGIA LAWS 2007 SESSION

3505

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 2007 session of the General Assembly of Georgia a bill to authorize Camden County 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; and for other purposes.
This 8th day of January, 2007.
Representative Cecily Hill I80th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Cecily A. Hill, who on oath deposes and says that he is the Representative from District 180 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Tribune/Georgian which is the official organ of Camden County on January 12, 2007, and that the notice requirements of Code Section 28-1-14 have been met.
s/ CECILY A. HILL Cecily A. Hill Representative, District 180
Sworn to and subscribed before me, this 8th day of February, 2007.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia

3506

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

My Commission Expires Nov. 18,2009 (SEAL)

Approved March 27,2007.

CITY OF ST. MARYS- REDEVELOPMENT POWERS; REFERENDUM.
No.3 (House Bill No. 341).
AN ACT
To authorize the City of St. Marys to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The City of St. Marys shall be and is authorized to exercise all redevelopment and other powers under Chapter 44 of Title 36 of the 0 .C .G .A., the "Redevelopment Powers Law," as amended. The intention of this Act is to authorize the City of St. Marys to undertake and carry out community redevelopment, to create tax allocation districts, to issue tax allocation bonds, and to incur other obligations within the meaning of and as fully permitted under the provisions of Article IX, Section II, Paragraph VII(b) of the Constitution of the State of Georgia of 1983, as amended, and to authorize the City of St. Marys to exercise redevelopment powers as fully as the "Redevelopment Powers Law" may now or hereafter permit and not to limit any redevelopment powers permitted under the "Redevelopment Powers Law."
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of St. Marys 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 St. Marys for approval or rejection. The election superintendent shall conduct that election on a date during 2007 as determined by the governing authority and as provided under Code Section 21-2-540 of the O.C.G.A. and shall issue the call and conduct that election as provided by general law. The 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

GEORGIA LAWS 2007 SESSION

3507

in the official organ of Camden County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which authorizes St. Marys to exercise redevelopment powers under the 'Redevelopment Powers Law,' as it may
( ) NO be amended from time to time?"
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, then Section l 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 St. Marys. 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 2007 session of the General Assembly of Georgia a bill to authorize the City of St. Marys 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; and for other purposes.
This 8th day of January, 2007.
Representative Cecily Hill I 80th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Cecily A. Hill, who on oath deposes and says that she is the Representative from District 180 and further deposes and says that the attached Notice of Intention to Introduce

3508

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Local Legislation was published in the Tribune & Georgian which is the official organ of Camden County on January 12, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

s/ CECILY A. HILL Cecily A. Hill Representative, District 180

Sworn to and subscribed before me, this 9th day of February 2007.

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

Approved March 27, 2007.

CITY OF STONE MOUNTAIN- REDEVELOPMENT POWERS; REFERENDUM.
No. 5 (House Bill No. 657).
AN ACT
To authorize the City of Stone Mountain to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The City of Stone Mountain 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 Stone Mountain to undertake and carry out community redevelopment, to create tax allocation districts, to issue tax allocation bonds, and to incur other obligations within the meaning of and as fully permitted under the provisions of Article IX, Section II, Paragraph VII of the Constitution

GEORGIA LAWS 2007 SESSION

3509

of the State of Georgia of 1983, as amended, and to authorize the City of Stone Mountain to exercise redevelopment powers as fully as the "Redevelopment Powers Law" may now or hereafter permit and not to limit any redevelopment powers permitted under the "Redevelopment Powers Law."

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Stone Mountain 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 Stone Mountain for approval or rejection. The election superintendent shall conduct that election on a date during 2007, as determined by the governing authority and as provided under Code Section 21-2-540 of the O.C.G.A., and shall issue the call and conduct that election as provided by general law. The election superintendent shall cause the date and purpose ofthe election to be published once a week for two weeks immediately preceding the date thereof in the official organ of the City of Stone Mountain. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which authorizes the City of Stone Mountain 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, 2008. The expense of such election shall be borne by the City of Stone Mountain. 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 2007 session of the General Assembly of Georgia a bill to authorize the City of Stone Mountain to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII of the

3510

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Constitution and Chapter 44 of Title 36 of the 0 .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; and for other purposes.

This 8th day of February, 2007.

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 of DeKalb County on February 8, 2007, and that the notice requirements ofCode Section 28-1-14 have been met.

s/ BILLY MITCHELL Billy Mitchell Representative, District 88

Sworn to and subscribed before me, this 22nd day of February, 2007.

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

Approved April 13,2007.

GEORGIA LAWS 2007 SESSION

3511

COLUMBIA COUNTY- REDEVELOPMENT POWERS; REFERENDUM.

No.7 (Senate Bill No. 317).

AN ACT

To authorize Columbia County to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Columbia County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Columbia County for approval or rejection. The election superintendent shall conduct that election on a practicable date in 2007 authorized under O.C.G.A. Section 21-2-540 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 Columbia County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which authorizes Columbia County to exercise redevelopment powers under the 'Redevelopment Powers Law,' as it may
( ) NO 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

3512

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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 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 Columbia 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 2007 session of the General Assembly of Georgia a bill to authorize the governing authority of Columbia County to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law", as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; and for other purposes.
This 21st day of February, 2007.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James L. Whitehead, Sr., who on oath deposes and says that he is the Senator from District 24 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Columbia County News-Times which is the official organ of Columbia County on February 28, 2007, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JAMES L. WHITEHEAD, SR. James L. Whitehead, Sr. Senator, District 24

GEORGIA LAWS 2007 SESSION
Sworn to and subscribed before me, this 26th day of March 2007.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved April18, 2007.

3513

OCONEE COUNTY- BOARD OF COMMISSIONERS; STAGGERED TERMS; REFERENDUM.
No. 8 (House Bill No. 273).
AN ACT
To amend an Act creating the Board of Commissioners of Oconee County, approved April 18, 1917 (Ga. L. 1917, p. 384), as amended, particularly by an Act approved April 17, 1975 (Ga. L. 1975, p. 3105), so as to provide for terms for the members of the board of commissioners of Oconee County; to provide for elections; to provide for a referendum; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the Board of Commissioners of Oconee County, approved April 18, 1917 (Ga. L. 1917, p. 384), as amended, particularly by an Act approved April 17, 1975 (Ga. L. 1975, p. 31 05), is amended by revising Section 2 as follows:
"SECTION 2. The board of commissioners shall be composed of a chairperson and four members. The members shall be elected by a majority of the votes cast for numbered posts which shall be designated on the ballot as Posts I, 2, 3, and 4. The chairperson shall be elected by majority of the votes cast and shall be designated as chairperson on the ballot. At the election in November, 2008, the members of the board of commissioners shall be elected as provided in this Act. The chairperson and those members elected from Posts 1 and 4 shall be elected for terms of four years beginning on January I, 2009, and until their successors are duly elected and qualified. Those members elected from Posts 2 and 3 shall

3514

LOCAL AND SPECIAL ACTS AND RESOLUTIONS. VOL. II

be elected for terms of two years beginning on January 1, 2009, and until their successors are duly elected and qualified. Thereafter, 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. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Oconee County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Oconee County for approval or rejection. The election superintendent shall conduct that election on the third Tuesday in June, 2007, 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 Oconee County. 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 Commissioners of Oconee County shall be elected to serve staggered
( ) NO four-year terms?"
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 offull force and effect on January 1, 2008. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Oconee County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

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 2007 session of the General Assembly ofGeorgia a bill to amend an Act creating the Board ofCommissioners of Oconee County, approved Aprill8, 1917 (GA. L. 1917, p. 384), as amended; which will provide for staggered terms concerning the election of members of the Oconee County Board of Commissioners and for other purposes.

GEORGIA LAWS 2007 SESSION

3515

This 25th day of January, 2007

Representative Bob Smith !13th District

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 January 25, 2007, 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 29th day of January, 2007.

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

Approved April 18, 2007.

TIFT COUNTY- REDEVELOPMENT POWERS; REFERENDUM.
No. 38 (House Bill No. 211).
AN ACT
To authorize Tift County 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.

3516

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Tift County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors ofTift County for approval or rejection. The election superintendent shall conduct that election on a practicable date in 2007 authorized under O.C.G.A. Section 21-2-540 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 Tift County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which authorizes Tift County to exercise redevelopment powers under the 'Redevelopment Powers Law,' as it may
( ) NO be amended from time to time?"
All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section I of this Act shall become of full force and effect immediately. If Section I of this Act is not so approved or if the election is not conducted as provided in this section, Section I of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Tift County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

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

GEORGIA LAWS 2007 SESSION
SECTION 4. All Jaws and parts of Jaws in conflict with this Act are repealed.

3517

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2007 session of the General assembly of Georgia a bill to authorize Tift County 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 Jaws; and for other purposes.
This 23rd day of January, 2007
(S) Representative J. Austin Scott 153rd District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Austin Scott, who on oath deposes and says that he is the Representative from District 153 and further deposes and says that the attached Notice oflntention to Introduce Local Legislation was published in the Tifton Gazette which is the official organ of Tift County on January 27,2007, and that the notice requirements of Code Section 28-1-14 have been met.
s/ AUSTIN SCOTT Austin Scott Representative, District 153
Sworn to and subscribed before me, this 30th day of January 2007.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18,2009 (SEAL)
Approved May 14,2007.

3518

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

CITY OF TIFTON- REDEVELOPMENT POWERS; REFERENDUM.

No. 39 (House Bill No. 212).

AN ACT

To authorize the City of Tifton to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. The City of Tifton 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 Tifton to undertake and carry out community redevelopment, to create tax allocation districts, to issue tax allocation bonds, and to incur other obligations within the meaning of and as fully permitted under the provisions of Article IX, Section II, Paragraph VII(b) of the Constitution of the State of Georgia of 1983, as amended, and to authorize the City of Tifton 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 Tifton 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 Tifton for approval or rejection. The municipal election superintendent shall conduct that election on a practicable date in 2007 authorized by O.C.G.A. Section 21-2-540 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 Tift County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which authorizes the City of Tifton to exercise redevelopment powers under the 'Redevelopment Powers Law,' as it may
( ) NO 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

GEORGIA LAWS 2007 SESSION

3519

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 Tifton. 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 2007 session of the General Assembly of Georgia a bill to authorize the City of Tifton 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; and for other purposes.
This 23rd day of January, 2007
(S) Honorable J. Austin Scott Representative, District !53
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Austin Scott, who on oath deposes and says that he is the Representative from District 153 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Tifton Gazette which is the official organ of Tift County on January 27, 2007, and that the notice requirements of Code Section 28-1-14 have been met.
s/ AUSTIN SCOTT Austin Scott Representative, District !53

3520

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Sworn to and subscribed before me, this 30th day of January 2007.

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

Approved May 14, 2007.

LAMAR COUNTY- JOINT BOARD OF ELECTIONS AND REGISTRATION; CREATION.
No. 46 (House Bill No. 666).
AN ACT
To create the Joint Board of Elections and Registration of Lamar County, which shall conduct primaries and elections for Lamar County, the City of Barnesville, and the City of Milner; to provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; to provide for the qualification, terms, and removal ofmembers; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for certain expenditures of public funds; to provide for certain personnel; to provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for the board's performance ofcertain functions and duties for certain municipalities; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Pursuant to subsection (b) ofCode Section 21-2-45 of the O.C.G.A., there is created the Joint Board of Elections and Registration of Lamar County, hereinafter referred to as "the board." The board shall have the powers, duties, and responsibilities ofthe judge ofthe probate court of Lamar County, the municipal election superintendents of the City of Barnesville and the City of Milner, and the board of registrars of Lamar County, all as provided for under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."

GEORGIA LAWS 2007 SESSION

3521

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

SECTION 3. (a) The board shall be composed of five members who shall be appointed as follows:
(1) Two members of the board shall be appointed by the governing authority of Lamar County. Said members shall not be officers or members ofthe executive committee of any political party at the time of such members' selection or at any time during such members' term of office as a member of the board; (2) One member of the board shall be jointly appointed by the governing authority of the City of Barnesville and governing authority of the City of Milner. Said member shall not be an officer or member of the executive committee of any political party at the time of such member's selection or at any time during such member's term of office as a member of the board; and (3) One member of the board shall be appointed by the political party which received the highest number of votes within the county for its candidate for Governor in the general election immediately preceding the appointment of such member and one member of the board shall be appointed by the political party which received the second highest number of votes within the county for its candidate for Governor in the general election immediately preceding the appointment of such member. Each of the respective members appointed by political parties shall be nominated by the party chairperson and ratified by the county executive committee of the respective political party at least 30 days before the beginning of the term of office or within 30 days after the creation of a vacancy in the office. In the event that a political party entitled to appoint a member of the board does not have a county executive committee, such appointment shall be made by the state executive committee of such political party. (b) All appointments to the board shall be promptly certified by the appointing authority to the clerk of the Superior Court of Lamar County. (c) The initial appointees to the board shall take office on January 1, 2008. The two initial appointees from the political parties shall each serve a term of office ending on June 30, 2009, and until his or her successor is duly appointed and qualified. The other three initial appointees shall each serve a term of office ending on June 30, 2011, and until his or her successor is duly appointed and qualified. Successors to each member shall thereafter be appointed by the appropriate appointing authority or authorities to serve a term of office of four years and until his or her respective successor is duly appointed and qualified.

3522

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 4. (a) No person who holds elective public office shall be eligible to serve as a member of the board during the term of such elective office, and the position of any member of the board shall be deemed vacant upon such member's qualifying as a candidate for elective public office. (b) Members of the board must be residents of Lamar County and, if appointed pursuant to paragraph (2) of subsection (a) of Section 3 of this Act, must be a resident of the City of Barnesville or the City of Milner, and must have been registered voters in Lamar County for a period of at least one year prior to the date of their appointment to the board.

SECTION 5. The appointing authorities shall certify the appointment of each member of the board by filing an affidavit with the clerk of the superior court not later than 15 days preceding the date upon which such members are to take office, stating the name and residential address of the person appointed and certifying such member has been duly appointed as provided in this Act. The clerk of the superior court shall record each of such certifications on the minutes of the superior court and shall certify the name of each such appointed member to the Secretary of State and provide for the issuance of appropriate commissions to the members within the same time and in the same manner as provided by law for registrars.

SECTION 6. Each member of the board shall be eligible to serve two full four-year terms of office, shall have the right to resign at any time by giving written notice of such resignation to the governing authority of Lamar County or the City of Barnesville and the City of Milner, as appropriate, and to the clerk of the superior court, and shall be subject to removal from the board by the chiefjudge of the Superior Court of Lamar County at any time, for cause, after notice and hearing.

SECTION 7. In the event a vacancy occurs in the office of any appointed member before the expiration of his or her term, by removal, death, resignation, or otherwise, the authority which appointed the member whose position has been vacated shall appoint a successor to serve the remainder of the unexpired term as provided for in Section 3 of this Act. The clerk of the superior court shall be notified of such interim appointments and record and certify such appointments in the same manner as the regular appointment of members.

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

GEORGIA LAWS 2007 SESSION

3523

SECTION 9. (a) The board shall be authorized to organize itself, elect a chairperson, determine its procedural rules and regulations, adopt bylaws, specify the functions and duties of its employees, and otherwise take such action as is appropriate to the management of the affairs committed to its supervision; provided, however, that no such action shall conflict with state law. Action and decision by the board shall be by a majority of the members of the board. The board shall be responsible for the selection, appointment, and training of poll workers in primaries and elections. (b) The board shall fix and establish, by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. Any specially called meeting shall be called by the chairperson or any member of the board. The board shall maintain a written record of policy decisions amended to include additions or deletions. Such written records shall be made available for the public to review. (c) The board shall be responsible for the holding of any municipal primary or election to be conducted within the City of Barnesville and the City of Milner and the cost of such shall be paid for from the funds of such cities, as appropriate.

SECTION 10. The board shall have the authority to contract with any municipality, other than the City of Barnesville and the City ofMilner, located within Lamar County for the holding by the board of any primary or election to be conducted within such municipality.

SECTION 11. (a) The board shall appoint a person to serve as the supervisor of elections of Lamar County. Such position shall be full time and such person shall be paid a salary to be set by the board and payable proportionally from county funds and from funds of the City of Barnesville and the City of Milner. The supervisor of elections shall generally direct and control the administration of elections and voter registration in Lamar County and the holding of any municipal primary or election to be conducted within the City of Barnesville and the City of Milner and shall generally supervise, direct, and control the administration of the affairs of the board pursuant to law and duly adopted resolutions of the board. The supervisor of elections shall be supervised by the board and shall be subject to removal from office by the board, with or without cause. The supervisor of elections shall not be a member of the board nor an elected official. The election supervisor shall be considered an employee of Lamar County and shall be entitled to the same benefits as other employees of Lamar County. (b) The board is authorized to employ additional clerical assistants as needed to carry out the duties and functions of the board. All such clerical assistants shall be considered to be employees of Lamar County and shall be entitled to the same benefits as other employees of Lamar County. (c) The election supervisor and the clerical assistants shall be under the exclusive control, direction, and supervision of the board.

3524

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 12. Compensation for the members ofthe board, election supervisor, clerical assistants, and other employees shall be fixed by the governing authority of Lamar County. Such compensation shall be paid proportionally from county funds and from municipal funds of the City of Barnesville and the City of Milner.

SECTION 13. The governing authority of Lamar County shall provide the board with such proper and suitable offices, equipment, materials, and supplies and with such clerical assistance and other employees as the governing authority of Lamar County deems appropriate.

SECTION 14. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval for purposes of making initial appointments to the board only. This Act shall become fully effective on January I, 2008. Upon this Act becoming fully effective, the superintendent of elections of Lamar County, the board of registrars of Lamar County, and the municipal election superintendents of the City of Barnesville and the City of Milner shall be relieved of all powers and duties to which the board succeeds by the provisions of this Act and shall deliver to the board all equipment, supplies, materials, books, papers, records, and facilities pertaining to such powers and duties.

SECTION 15. All laws and parts of laws in conflict with this Act are repealed.

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to create the Joint Board of Election and Registration of Lamar County, which shall conduct primaries and elections for Lamar County, the City of Barnesville, and the City of Milner, and for other purposes.
This 20th day of Feb., 2007.
Representative Mack Crawford !27th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mack Crawford, who on oath deposes and says that he is the Representative from District 127 and further deposes and says that the attached Notice of Intention to Introduce

GEORGIA LAWS 2007 SESSION

3525

Local Legislation was published in the Herald Gazette which is the official organ of Lamar County on February 27,2007, and that the notice requirements ofCode Section 28-1-14 have been met.

sf MACK CRAWFORD Mack Crawford Representative, District 127

Sworn to and subscribed before me, this 28th day of February 2007.

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

Approved May 14,2007.

UPSON COUNTY- REDEVELOPMENT POWERS; REFERENDUM.
No. 47 (House Bill No. 762).
AN ACT
To authorize Upson County to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G .A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Upson County shall be and is authorized to exercise all redevelopment and other powers under Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended. The intention of this Act is to authorize Upson County to undertake and carry out community redevelopment, to create tax allocation districts, to issue tax allocation bonds, and to incur other obligations within the meaning of and as fully permitted under the provisions of Article IX, Section II, Paragraph VII(b) of the Constitution of the State of

3526

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Georgia of 1983, as amended, and to authorize Upson County to exercise redevelopment powers as fully as the "Redevelopment Powers Law" may now or hereafter permit and not to limit any redevelopment powers permitted under the "Redevelopment Powers Law."

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Upson County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Upson County for approval or rejection. The election superintendent shall conduct that election on a practicable date in 2007 authorized under O.C.G .A. Section 21-2-540 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 Upson County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which authorizes Upson County to exercise redevelopment powers under the 'Redevelopment Powers Law,' as it may
( ) NO 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 Upson 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 hereby given that there will be introduced at the regular 2007 Session of the General Assembly of Georgia, a bill to authorize the procedures for Upson County to activate the redevelopment powers under the Redevelopment Powers Law.

GEORGIA LAWS 2007 SESSION This the 12th day of March, 2007.

3527

Board of Commissioners of Upson County

Mallory & Trice, LLP P.O. Drawer 832 Thomaston, GA 30288 (706)647-1842

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mack Crawford, who on oath deposes and says that he is the Representative from District 127 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Thomaston Times which is the official organ of Upson County on March 14, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

sf MACK CRAWFORD Mack Crawford Representative, District 127

Sworn to and subscribed before me, this 27th day of March 2007.

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

Approved May 14, 2007.

3528

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

COOK COUNTY- BOARD OF EDUCATION; COMPENSATION.

No. 64 (Senate Bill No. 46).

AN ACT

To amend an Act providing for election of the members of the board of education of Cook County, approved March 28, 1986 (Ga. L. 1986, p. 5499), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5615), so as to change the provision relating to the compensation of the members ofthe 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 election of the members of the board of education of Cook County, approved March 28, 1986 (Ga. L. 1986, p. 5499), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5615) is amended by revising Section 10 to read as follows:
'Each member ofthe Cook County Board of Education shall receive $150.00 per meeting, up to a maximum of $300.00 per month, and the chairperson shall receive $175.00 per meeting, up to a maximum of $350.00 per month, for attendance of meetings of the board and while traveling within or outside the state on official board business as authorized by a majority of the board, plus reimbursement for actual expenses necessarily incurred in carrying out his or her official duties.'

SECTION 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given of intention to introduce during the 2007 regular session of the Georgia General Assembly Local Legislation increasing the compensation of members of the Cook County Board of Education and for other purposes.
Senator Tim Golden

GEORGIA LAWS 2007 SESSION

3529

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tim Golden, who on oath deposes and says that he is the Senator from District 8 and further deposes and says that the attached Notice oflntention to Introduce Local Legislation was published in the Adel News Tribune which is the official organ of Cook County on January I 0, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

s/ TIM GOLDEN Tim Golden Senator, District 8

Sworn to and subscribed before me, this 23rd day of January, 2007.

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

Approved May 16,2007.

RICHMOND COUNTY- STATE COURT; JURISDICTION; ADDITIONAL JUDGE.
No. 65 (Senate Bill No. 107).
AN ACT
To amend an Act creating the City Court of Richmond County, now the State Court of Richmond County, approved September 22, 1881 (Ga. L. 1880-81, p. 574), as amended, so as to change the second division's jurisdiction to make the second division judge coequal with those judges of Division I; to remove references to associate judge; to create a third division of the State Court of Richmond County; to provide for the judge of the third division and their qualifications, selection, duties, responsibilities, and compensation; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

3530

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 1. An Act creating the City Court of Richmond County, now the State Court of Richmond County, approved September 22, 1881 (Ga. L. 1880-81, p. 574), as amended, is amended by revising Section 2-2 as follows:

8 SECTION 2-2. (a)(l) In addition to all other judges ofthe state court, there shall be one judge of the second division. The qualifications and election of the judge shall be as provided by general law. (2) Except as otherwise provided in this section, said judge shall have and may exercise all powers, duties, jurisdictions, privileges, and immunities of the present judge of the State Court of Richmond County under the provision of this Act and the general law applicable to said present judge. (b) The initial judge shall be appointed by the Governor for an initial term beginning on July 1, 1997, and expiring on December 31, 1998, and upon the election and qualification of a successor."

SECTION 2. Said Act is further amended by revising Section 2-3 as follows:

8 SECTION 2-3. (a) The judge shall receive the same compensation as the present judge of the State Court of Richmond County payable in equal monthly installments from the funds of Augusta-Richmond County, Georgia. The judge is designated as a full-time judge and may not engage in the private practice of law. (b) Any salary supplement heretofore enacted by Augusta-Richmond County, Georgia, shall also be applicable to the judge.8
SECTION 3. Said Act is further amended by revising Section 2-5 as follows:
HSECTION 2-5. The chiefjudge shall receive additional compensation for performing the handling of the administration and operation of the State Court of Richmond County.u
SECTION 4. Said Act is further amended by revising Section 2-7 as follows:

GEORGIA LAWS 2007 SESSION

3531

"SECTION 2-7. The judge shall take an oath to faithfully administer and discharge the duties of his or her office in accordance with the Constitution and laws of the State of Georgia, which oath may be administered by any officer authorized under the laws of this state to administer oaths."

SECTION 5. Said Act is further amended by adding a new Part III to read as follows:

"PART III SECTION 3-1.

There is created a third division ofthe State Court of Richmond County. The third division ofthe state court shall be governed by the provisions ofgeneral law contained in Chapter 7 of Title 15 of the O.C.G.A., relating to state courts, and by the additional provisions of this part.

SECTION 3-2. (a)(1) In addition to all other judges of the state court, there shall be one judge of the third division. The qualifications and election of the judge shall be as provided by general law. (2) Except as otherwise provided in this section, said judge shall have and may exercise all powers, duties, jurisdictions, privileges, and immunities of the present judges of the State Court of Richmond County under the provision of this Act and the general law applicable to said present judges. (b) The initial judge shall be appointed by the Governor for an initial term beginning on July 1, 2007, and expiring on December 31, 2008, and upon the election and qualification of a successor.

SECTION 3-3. (a) The judge shall receive the same compensation as the present judges of the State Court of Richmond County payable in equal monthly installments from the funds of Augusta-Richmond County, Georgia. The judge is designated as a full-time judge and may not engage in the private practice of law. (b) Any salary supplement heretofore enacted by Augusta-Richmond County, Georgia, shall also be applicable to the judge.

SECTION 3-4. The judge of the State Court of Richmond County who has served the longest period of time in office as judge of said court shall be the chiefjudge of the State Court of Richmond County.

3532

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 3-5. The chiefjudge shall receive additional compensation for performing the handling of the administration and operation of the State Court of Richmond County.

SECTION 3-6. Such chief judge shall be responsible further for the administration and the expeditious disposition of the business of the state court, both civil and criminal, and shall have power to make such rules as the chiefjudge shall deem necessary or proper for such purpose but which are not in conflict with the general laws of this state. Such rules, when approved by the chief judge and filed in the office of the clerk of the State Court of Richmond County, shall be binding upon the other judge or judges of said court. The chief judge shall be vested with the power to make all appointments whenever the law provides for the state court judge to make appointments. Such chief judge may by published rule, or from time to time by order, allocate the jurisdiction and powers of the state court of said county and the duties of the judges thereof; may assign to the other judge or judges of said court such business of said court as the chief judge shall deem appropriate; may require reports from the clerk of the court and from any judge of said court relative to business of the court; and generally shall supervise and direct the disposition of all business, both civil and criminal of said court.

SECTION 3-7. The judge shall take an oath to faithfully administer and discharge the duties of his or her office in accordance with the Constitution and laws of the State of Georgia, which oath may be administered by any officer authorized under the laws of this state to administer oaths."

SECTION 6. Said Act is further amended by revising subsection (d) of Section II Bas follows:
n(d) The judge of the State Court of Richmond County who has served the longest period of time in office as judge of said court shall be the chief judge of the State Court of Richmond County."

SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to amend an Act creating the City Court of Richmond County, now the State Court of Richmond County, approved September 22, 1881 (Ga. L. 1800-81, p. 574), as amended; and for other purposes.

GEORGIA LAWS 2007 SESSION

3533

This 25th day of January, 2007

Edward J. Tarver

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ed Tarver, who on oath deposes and says that he is the Senator from District 22 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Augusta Chronicle which is the official organ of Richmond County on January 27, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

s/ ED TARVER Ed Tarver Senator, District 22

Sworn to and subscribed before me, this 2nd day of February, 2007.

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

Approved May 16,2007.

TOWN OF TALLULAH FALLS- TOWN COUNCIL; QUORUM; VOTING; SPECIAL MEETINGS.
No. 66 (Senate Bill No. 244).
AN ACT
To amend an Act establishing a new charter for the Town of Tallulah Falls, approved February 6, 1984 (Ga. L. 1984, p. 3547), as amended, so as to change certain provisions relating to quorum, voting, and special meetings of the town council; to provide for related matters; to repeal conflicting laws; and for the other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

3534

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 1. An Act establishing a new charter for the Town of Tallulah Falls, approved February 6, 1984 (Ga. L. 1984, p. 3547), as amended, is amended by revising subsection (b) of Section 2.16 as follows:
0 (b) Special meetings of the town council may be held on call of the mayor or three members of the town council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver ofnotice ofany business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting.n

SECTION 2. Said Act is further amended by revising Section 2.17 as follows:

HSECTION 2.17. Quorum; voting.

The mayor or mayor pro tern and three councilmembers shall constitute a quorum and shall be authorized to transact business of the council. Voting on the adoption of ordinances shall be taken by voice vote and the ayes and nays shall be recorded in the journal. Any member of the council shall have the right to request a roll-call vote. The affirmative vote of three councilmembers, or two councilmembers and the mayor in case of a deadlock or tie, shall be required for the adoption of any ordinance, resolution, or motion except as otherwise provided in this charter.n

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 2007 session of the General Assembly of Georgia a bill to amend an Act establishing a new charter for the Town of Tallulah Falls, approved February 6, 1984, (Ga. L. 1984, p. 3547), as amended, so as to change certain provisions relating to quorum, voting, and special meetings of the town council; to provide for related matters; and for other purposes.

This 9th day of February, 2007.

Nancy Schaefer

GEORGIA LAWS 2007 SESSION GEORGIA, FULTON COUNTY

3535

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 Clayton Tribune which is the official organ of Rabun County on February 15,2007, and that the notice requirements ofCode Section 28-1-14 have been met.

s/ NANCY SCHAEFER Nancy Schaefer Senator, District 50

Sworn to and subscribed before me, this 19th day of February 2007.

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

Approved May 16,2007.

CITY OF ST. MARYS- VACANCIES IN OFFICE.
No. 67 (Senate Bill No. 269).
AN ACT
To amend an Act providing for a new charter for the City of St. Marys, Georgia, approved April 9, 1981 (Ga. L. 1981, p. 4763), as amended, so as to provide for certain declarations upon the vacancy of any elected office; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for a new charter for the City of St. Marys, Georgia, approved April 9, 1981 (Ga. L. 1981, p. 4763), as amended, is amended by revising subsection (b) of Section 2-102 as follows:

3536

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

"(b) The office of any elected official shall be declared vacant upon such elected official's qualifying in a general primary, general election, special primary, or special election for another state, Camden County, or municipal elective office or qualifying for the United States House of Representatives or Senate if the term of the office for which such official is qualifying begins more than 30 days prior to the expiration of such official's present term of office. The vacancy created in such office shall be filled as provided in Section 3-202."

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 2007 session of the General Assembly of Georgia a bill to amend an Act providing for a new charter for the City of St. Marys, Georgia, approved April 9, 1981 (Ga. L. 1981, p. 4763), as amended; and for other purposes.
This 21st day of February, 2007
Jeff Chapman
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jeff Chapman, who on oath deposes and says that he is the Senator from District 3 and further deposes and says that the attached Notice oflntention to Introduce Local Legislation was published in the Tribune & Georgian which is the official organ of Camden County on February 23, 2007, and that the notice requirements ofCode Section 28-1-14 have been met.
s/ JEFF CHAPMAN Jeff Chapman Senator, District 3
Sworn to and subscribed before me, this 28th day of February 2007.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia

GEORGIA LAWS 2007 SESSION
My Commission Expires Nov. 18,2009 (SEAL)
Approved May 16, 2007.

3537

PULASKI COUNTY- JUDGE OF PROBATE COURT; NONPARTISAN ELECTION.
No. 68 (Senate Bill No. 298).
AN ACT
To provide that future elections for the office of probate judge of Pulaski County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. All elections for the office of probate judge of Pulaski County conducted after January 1, 2007, shall be nonpartisan elections as provided for in Code Section 21-2-139 of the O.C.G.A. Such nonpartisan elections shall be held in conjunction with the November general election immediately preceding expiration of the term of office and conducted as provided in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
SECTION 2. Nothing in this Act shall affect the term of office of the probate judge of Pulaski County in office on January 1, 2007. The sitting probate judge shall serve out the term of office for which he or she was elected and shall be eligible to succeed himself or herself as provided in this Act.
SECTION 3. The governing authority of Pulaski County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 60 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.

3538

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 5. All laws and parts 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 2007 session of the General Assembly of Georgia a bill to provide that future election for the office of probate judge of Pulaski County shall be nonpartisan elections; and for other purposes.
This 18th day of January, 2007
Ross Tolleson
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ross Tolleson, who on oath deposes and says that he is the Senator from District 20 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Hawkinsville Dispatch and News which is the official organ of Pulaski County on January 31, 2007, and that the notice requirements of Code Section 28-1-14 have been met.
sf ROSS TOLLESON Ross Tolleson Senator, District 20
Sworn to and subscribed before me, this 9th day of February, 2007.
sf SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18,2009 (SEAL)
Approved May 16, 2007.

GEORGIA LAWS 2007 SESSION
AUGUSTA-RICHMOND COUNTY- COMMISSION; ELIGIBILITY FOR OFFICE, ELECTION, AND TERMS.

3539

No. 69 (House Bill No. 553).

AN ACT

To amend an Act providing for the consolidation of Richmond County and the City of Augusta, approved March 27, 1995 (Ga. L. 1995, p. 3648), as amended, so as to provide for eligibility for office, election, and terms of members of the Augusta-Richmond County Commission; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act providing for the consolidation of Richmond County and the City of Augusta, approved March 27, 1995 (Ga. L. 1995, p. 3648), as amended, is amended by revising the last undesignated paragraph in subsection (c) of Section 2 as follows:
'No person who has served more than three-fourths of a second consecutive full term of office as commissioner shall again be eligible to hold office as commissioner until after the expiration of four years from the conclusion of the last full term of office to which such person was elected as commissioner.'

SECTION 2. Said Act is further amended by revising subsections (a) and (b) of Section 3 as follows:
"(a) Those members of the commission who were serving as such on January 1, 2007, and any person selected to fill a vacancy in any such office, shall continue to serve as such members until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors.
(b)(l) Those members of the commission who are elected to serve Commission Districts 2, 4, 6, 8, and 10 shall be elected at the election held on the Tuesday next following the first Monday in November, 2007, shall take office on January 1, 2008, and shall serve until December 31, 2010, and until their respective successors are elected and qualified. Thereafter, their successors shall be nominated and elected by majority vote as provided in this section at the general election held in the even-numbered year immediately preceding the expiration of their respective terms of office, shall take office on the first day ofJanuary immediately following the date oftheir election, and shall have terms of office of four years and until their respective successors are elected and qualified. Each member of the commission shall be elected by the electors residing within such member's commission district. The initial three-year terms of office

3540

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

provided for in this paragraph shall be considered full terms of office for purposes of term limitations. (2) Those members of the commission who are elected to serve Commission Districts I, 3, 5, 7, and 9 shall be elected at the election held on the Tuesday next following the first Monday in November, 2009, shall take office on January I, 2010, and shall serve until December 31, 2012, and until their respective successors are elected and qualified. Thereafter, their successors shall be nominated and elected by majority vote as provided in this section at the general election held in the even-numbered year immediately preceding the expiration of their respective terms of office, shall take office on the first day of January immediately following the date of their election, and shall have terms of office of four years and until their respective successors are elected and qualified. Each member ofthe commission shall be elected by the electors residing within such member's commission district. The initial three-year terms of office provided for in this paragraph shall be considered full terms of office for purposes of term limitations. (3) The mayor pro tempore shall be a member of the commission."

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 2007 session of the General Assembly of Georgia a bill to amend an Act providing for the consolidation of Richmond County and the City of Augusta, approved March 27, 1995 (Ga. L. 1995 p. 3648) as amended; and for other purposes.
This 23rd days of January, 2007
Honorable Quincy Murphy Representative, District 120
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Quincy Murphy, who on oath deposes and says that he is the Representative from District 120 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Augusta Chronicle which is the official organ of Richmond County on February I, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

GEORGIA LAWS 2007 SESSION
s/ QUINCY MURPHY Quincy Murphy Representative, District 120
Sworn to and subscribed before me, this 9th day of February 2007.
sf SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18,2009 (SEAL)
Approved May 16, 2007.

3541

RICHMOND COUNTY- CIVIL COURT OF RICHMOND COUNTY; ELECTION AND TERMS OF MARSHAL.
No. 70 (House Bill No. 554).
AN ACT
To amend an Act creating the Civil Court of Richmond County, approved August 28, 1931 (Ga. L. 1931, p. 270), as amended, particularly by an Act approved February 10, 1999 (Ga. L. 1999, p. 3508), so as to provide for the election and terms of the marshal of the Civil Court of Richmond County; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the Civil Court of Richmond County, approved August 28, 1931 (Ga. L. 1931, p. 270), as amended, particularly by an Act approved February 10, 1999 (Ga. L. 1999, p. 3508), is amended by revising Section lOA as follows:
sECTION lOA. (a) The provisions of Section 10 of this Act or any other provision oflaw notwithstanding, the person serving as marshal of the Civil Court of Richmond County on January 1, 2007, shall continue to serve as such for the remainder of his or her term expiring December 31, 2009, except in case of vacancy created by death, resignation, or disqualification, in which

3542

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

event a special election to fill such vacancy for the remainder of such term may be called and held as provided by general law. (b) The successor to the marshal serving as provided in subsection (a) of this section shall be elected at an election held on the Tuesday next following the first Monday inNovember, 2009, shall take office on January I, 20 I 0, and shall serve a term of office ending on December 31, 2012. Thereafter, the marshal of the Civil Court of Richmond County shall be elected at the general election held inNovember, 2012, and quadrennially thereafter by the qualified voters of Richmond County for a term of office of four years beginning January I following such election and until the election and qualification of a successor. (c) All elections under this section shall be conducted on a nonpartisan basis, without a primary, and as provided by Chapter 2 of Title 21 of the O.C.G.A. All persons elected to the office of marshal of the Civil Court of Richmond County under the provisions of this section shall be elected by majority vote. (d) Any other provision of law notwithstanding, all persons serving as marshal of said court under the provisions of this section shall have the authority to manage the affairs of said office and to name their deputies who shall hold said office at the pleasure of the marshal."

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 2007 session of the General Assembly of Georgia a bill to amend an Act creating the Civil Court of Richmond County, approved Augusta 28, 1931 (Ga. L. 1931 p. 270) as amended; and for other purposes.
This 23rd days of January, 2007
Honorable Quincy Murphy Representative, District 120
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Quincy Murphy, who on oath deposes and says that he is the Representative from District 120 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Augusta Chronicle which is the official organ of Richmond County on February I, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

GEORGIA LAWS 2007 SESSION
sf QUINCY MURPHY Quincy Murphy Representative, District 120
Sworn to and subscribed before me, this 9th day of February 2007.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2009 (SEAL)
Approved May 16, 2007.

3543

CITY OF DOUGLAS- CONDUCT OF ELECTIONS.
No. 71 (House Bill No. 680).
AN ACT
To amend an Act to provide a new charter for the City of Douglas, approved March 10, 1993 (Ga. L. 1993, p. 4022), as amended, so as to provide that all municipal elections for the city shall be conducted by the Coffee County Board of Elections and Registration; 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 provide a new charter for the City of Douglas, approved March 10, 1993 (Ga. L. 1993, p. 4022), as amended, is amended by revising Section 5.13 as follows:
"SECTION 5.13. Manner of conducting elections.
All elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.' The governing authority of the city shall contract with the Coffee County Board of Elections and Registration for the conducting of all municipal elections."

3544

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to amend an Act to provide a new charter for the City ofDouglas, approved March 10, 1993 (Ga.L.l993,p.4022), as amended, so as to provide that all municipal elections for the city shall be conducted by the Coffee County Board of Elections and Registration; to provide for related matters; to repeal conflicting laws; and for other purposes.
This 8th day of March, 2007
Chuck Sims Representative 169th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Chuck Sims, who on oath deposes and says that he is the Representative from District 169 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Douglas Enterprise which is the official organ of Coffee County on March 11,2007, and that the notice requirements of Code Section 28-1-14 have been met.
s/ CHUCK SIMS Chuck Sims Representative, District 169
Sworn to and subscribed before me, this 13th day of March 2007.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 16,2007.

GEORGIA LAWS 2007 SESSION CITY OF AMBROSE- CONDUCT OF ELECTIONS.

3545

No. 72 (House Bill No. 681).

AN ACT

To amend an Act to incorporate the City of Ambrose in Coffee County, approved March 4, 1955 (Ga. L. 1955, p. 2662), as amended, as so to provide that all municipal elections for the city shall be conducted by the Coffee County Board ofElections and Registration; 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 incorporate the City of Ambrose in Coffee County, approved March 4, 1955 (Ga. L. 1955, p. 2662), as amended, is amended by revising Section 9 as follows:
sECTION 9. (a) Persons receiving the highest number of votes for the respective office sought shall be elected. (b) All elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.' The governing authority of the city shall contract with the Coffee County Board of Elections and Registration for the conducting of all municipal elections:

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 2007 session of the General Assembly of Georgia a bill to amen an Act to incorporate the City of Ambrose in Coffee County, approved March 4, 1955 (Ga.L.1955,p.2662), as amended, as so to provide that all municipal elections for the city shall be conducted by the Coffee County Board of Elections and Registration; to provide for related matters; to repeal conflicting laws; and for other purposes.
This 8th day of March, 2007.
Chuck Sims Representative !69th District

3546

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Chuck Sims, who on oath deposes and says that he is the Representative from District 169 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Douglas Enterprise which is the official organ of Coffee County on March 11,2007, and that the notice requirements ofCode Section 28-1-14 have been met.

sf CHUCK SIMS Chuck Sims Representative, District 169

Sworn to and subscribed before me, this 13th day of March 2007.

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

Approved May 16,2007.

CITY OF NICHOLLS- CONDUCT OF ELECTIONS.
No. 73 (House Bill No. 682).
AN ACT
To amend an Act establishing a new charter for the City of Nicholls, approved August 16, 1920 (Ga. L. 1920, p. 1329), as amended, so as to provide that city elections shall be conducted pursuant to the Georgia Election Code; to provide that all municipal elections for the city shall be conducted by the Coffee County Board of Elections and Registration; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

GEORGIA LAWS 2007 SESSION

3547

SECTION 1. An Act establishing a new charter for the City of Nicholls, approved August 16, 1920 (Ga. L. 1920, p. 1329), as amended, is amended by adding a new section to read as follows:

"Section 9A. (a) Notwithstanding any provision of this charter to the contrary, all elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.' (b) Notwithstanding any provision of this charter to the contrary, the governing authority of the city shall contract with the Coffee County Board of Elections and Registration for the conducting of all municipal elections."

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 2007 session of the General Assembly of Georgia a bill to amend an Act establishing a new charter for the City of Nicholls, approved August 16, 1920 (Ga.L.1920,p.l329), as amended, so as to provide that city elections shall be conducted pursuant to the Georgia Election Code; to provide that all municipal elections for the city shall be conducted by the Coffee County Board of Elections and Registration; to provide for related matters; to repeal conflicting laws; and for other purposes.

This 8th day of March, 2007

Chuck Sims Representative !69th District.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Chuck Sims, who on oath deposes and says that he is the Representative from District 169 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Douglas Enterprise which is the official organ of Coffee County on March 11, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

s/ CHUCK SIMS Chuck Sims Representative, District 169

3548

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Sworn to and subscribed before me, this 13th day of March 2007.

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

Approved May 16, 2007.

CITY OF BROXTON- CONDUCT OF ELECTIONS.
No. 74 (House Bill No. 683).
AN ACT
To amend an Act to provide a new charter for the City of Broxton, Georgia, in the County of Coffee, approved April 6, 1981 (Ga. L. 1981, p. 3597), as amended, so as to provide that all municipal elections for the city shall be conducted by the Coffee County Board of Elections and Registration; to provide that all elections shall be conducted in accordance with the Georgia Election Code; 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 provide a new charter for the City of Broxton, Georgia, in the County of Coffee, approved April 6, 1981 (Ga. L. 1981, p. 3597), as amended, is amended by revising Section 3.5 as follows:
"SECTION 3.5. Applicability of General Laws.
All primaries and elections shall be conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'"
SECTION 2. Said Act is further amended by revising Section 3.7 as follows:

GEORGIA LAWS 2007 SESSION
"SECTION 3.7. Special Elections.

3549

The Mayor and Council shall have the power to call special elections as provided by law. All special elections shall be conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'"

SECTION 3. Said Act is further amended by revising Section 3.I 0 as follows:

"SECTION 3.10. Other provisions.

(a) Except as otherwise provided by this Charter, the Mayor and Council, by ordinance, may prescribe such rules and regulations, including qualifying fees, as deemed appropriate to exercise any options or perform any duties under Chapter 2 of Title 21 of the 0 .C .G .A., the 'Georgia Election Code.' (b) The governing authority of the city shall contract with the Coffee County Board of Elections and Registration for the conducting of all municipal elections."

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 2007 session of General Assembly of Georgia a bill to amend an Act to provide a new charter for the City of Broxton, Georgia, in the County of Coffee, approved April6, 1981 (Ga. L. 1981, p.3597), as amended, so as to provide that all municipal elections for the city shall be conducted by the Coffee County Board of Elections and Registration; to provide that all elections shall be conducted in accordance with the Georgia Election Code; to provide for related matters; to repeal conflicting laws; and for other purposes.
This 8th day of March, 2007.
Representative !69th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Chuck Sims, who on oath deposes and says that he is the Representative from

3550

LOCAL AND SPECIAL ACTS ANDRESOLUTIONS, VOL. II

District 169 and further deposes and says that the attached Notice oflntention to Introduce Local Legislation was published in the Douglas Enterprise which is the official organ of Coffee County on March 11,2007, and that the notice requirements ofCode Section 28-1-14 have been met.

s/ CHUCK SIMS Chuck Sims Representative, District 169

Sworn to and subscribed before me, this 13th day of March 2007.

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

Approved May 16, 2007.

EFFINGHAM COUNTY- BOARD OF ELECTIONS AND REGISTRATION; CREATION.
No. 75 (House Bill No. 705).
AN ACT
To create a board of elections and registration for Effingham County and to provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for certain expenditures of public funds; to provide for certain personnel; to provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

GEORGIA LAWS 2007 SESSION

3551

SECTION 1. Pursuant to subsection (b) of Code Section 21-2-40 of the O.C.G.A., there is created the Board of Elections and Registration of Effingham County, hereinafter referred to as "the board." The board shall have the powers, duties, and responsibilities of the judge of the probate court of Effingham County under Chapter 2 ofTitle 21 of the O.C.G.A., the "Georgia Election Code," and the powers, duties, and responsibilities of the board of registrars of Effingham County under Chapter 2 ofTitle 21 of the O.C.G .A., the "Georgia Election Code."

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

SECTION 3. (a) The board shall be composed offive members who shall be appointed as provided in this section. (b) Two members of the board shall be appointed by the political party which received the highest number of votes within the county for its candidate for Governor in the general election immediately preceding the appointment of such member. Two members of the board shall be appointed by the political party which received the second highest number of votes within the county for its candidate for Governor in the general election immediately preceding the appointment of such member. Each of the respective members appointed by political parties shall be nominated by the party chairperson and ratified by the county executive committee of the respective political party at least 30 days before the beginning of the term of office or within 30 days after the creation of a vacancy in the office. In the event that a political party entitled to appoint a member of the board does not have a county executive committee, such appointment shall be made by the state executive committee of such political party. (c) The fifth member shall be chosen by agreement of the members appointed by the political parties. In the event that the political party members cannot agree, the fifth member shall be appointed by the chief judge of the Superior Court of Effingham County. (d) All appointments to the board shall be promptly certified by the appointing authority to the clerk of the Superior Court of Effingham County. (e) In making the initial appointments to the board, the members appointed by the political parties shall be appointed not later than June 1, 2007. The fifth member shall be appointed not later than June 15, 2007. If such fifth member has not been appointed by June 15, 2007, the chiefjudge ofthe Superior Court of Effingham County shall make such appointment not later than July I, 2007. In making their appointments, the political parties shall designate one of the two appointees to serve a term of office beginning on July 1, 2007, and ending on

3552

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

June 30, 2009, and until his or her successor is duly appointed and qualified. The other appointee of each political party shall serve a term of office beginning on July 1, 2007, and ending on June 30, 2011, and until his or her successor is duly appointed and qualified. Successors to such members shall thereafter be appointed to serve terms of office of four years and until their successors are duly appointed and qualified. The fifth appointee shall serve a term beginning on July 1, 2007, and ending on June 30, 2011, and until his or her successor is duly appointed and qualified. A successor to such member shall thereafter be appointed to serve a term of office of four years and until his or her successor is duly appointed and qualified. In the event that the political party members cannot agree on the appointment of a successor to the fifth member within 30 days after the end of such person's term of office, the successor shall be appointed by the chief judge of the Superior Court of Effingham County.

SECTION 4. (a) No person who holds elective public office shall be eligible to serve as a member of the board during the term of such elective office, and the position of any member of the board shall be deemed vacant upon such member's qualifying as a candidate for elective public office. (b) Members of the board must be residents of Effingham County and must have been registered voters in Effingham County for a period of at least one year prior to the date of their appointment to the board.

SECTION 5. The appointing authorities shall certify the appointment of each member of the board by filing an affidavit with the clerk of the superior court not later than 15 days preceding the date upon which such members are to take office, stating the name and residential address of the person appointed and certifying such member has been duly appointed as provided in this Act. The clerk of the superior court shall record each of such certifications on the minutes of the superior court and shall certify the name of each such appointed member to the Secretary of State and provide for the issuance of appropriate commissions to the members within the same time and in the same manner as provided by law for registrars.

SECTION 6. Each member of the board shall be eligible to serve two full four-year terms of office, shall have the right to resign at any time by giving written notice of such resignation to the governing authority of Effingham County and to the clerk of the superior court, and shall be subject to removal from the board by the chief judge of the Superior Court of Effingham County at any time, for cause, after notice and hearing.

GEORGIA LAWS 2007 SESSION

3553

SECTION 7. In the event a vacancy occurs in the office of any appointed member before the expiration of his or her term, by removal, death, resignation, or otherwise, the authority which appointed the member whose position has been vacated shall appoint a successor to serve the remainder of the unexpired term as provided for in Section 3 of this Act. The clerk of the superior court shall be notified of such interim appointments and record and certify such appointments in the same manner as the regular appointment of members.

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

SECTION 9. (a) The board shall be authorized to organize itself, elect a chairperson, determine its procedural rules and regulations, adopt bylaws, specify the functions and duties of its employees, and otherwise take such action as is appropriate to the management ofthe affairs committed to its supervision; provided, however, that no such action shall conflict with state law. Action and decision by the board shall be by a majority of the members of the board. The board shall be responsible for the selection, appointment, and training of poll workers in primaries and elections. (b) The board shall fix and establish, by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. Any specially called meeting shall be called by the chairperson or any member of the board. The board shall maintain a written record of policy decisions amended to include additions or deletions. Such written records shall be made available for the public to review.

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

SECTION 11. (a) The board shall be authorized to appoint an election supervisor to generally supervise, direct, and control the administration of the affairs of the board pursuant to law and duly adopted resolutions of the board. Such election supervisor shall not be a member of the board. The election supervisor shall be considered an employee of Effingham County and shall be entitled to the same benefits as other employees of Effingham County. (b) The board is authorized to employ additional clerical assistants as needed to carry out the duties and functions of the board. All such clerical assistants shall be considered to be employees of Effingham County and shall be entitled to the same benefits as other employees of Effingham County.

3554

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(c) The election supervisor and the clerical assistants shall be under the exclusive control, direction, and supervision of the board.

SECTION 12. Compensation for the members ofthe board, election supervisor, clerical assistants, and other employees shall be fixed by the governing authority of Effingham County. Such compensation shall be paid wholly from county funds.

SECTION 13. The governing authority of Effingham County shall provide the board with such proper and suitable offices, equipment, materials, and supplies and with such clerical assistance and other employees as the governing authority of Effingham County deems appropriate.

SECTION 14. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval for purposes of making initial appointments to the board only. This Act shall become fully effective on July I, 2007. Upon this Act becoming fully effective, the superintendent ofelections ofEffingham County and the board ofregistrars ofEffingham County shall be relieved of all powers and duties to which the board succeeds by the provisions ofthis Act and shall deliver to the board all equipment, supplies, materials, books, papers, records, and facilities pertaining to such powers and duties.

SECTION 15. All laws and parts of laws in conflict with this Act are repealed.

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to create a board of elections and registration for Effingham County and to provide for its powers and duties; to provide for definitions; to provide for composition of the board and the selection and appointment of members; to provide for the qualifications, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for certain expenditures of public funds; to provide for certain personnel; to provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.

GEORGIA LAWS 2007 SESSION

3555

This 27 day of Feb., 2007

Earl L. 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 of Intention to Introduce Local Legislation was published in the Effingham Herald which is the official organ of Effingham County on March 6, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

sf EARLL. CARTER Earl L. Carter Representative, District 159

Sworn to and subscribed before me, this 19th day of March 2007.

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

Approved May 16, 2007.

PAYNE CITY -NEW CHARTER.
No. 76 (House Bill No. 764).
AN ACT
To create and establish a new charter for Payne City and to define its territorial limits; to create a municipal government; to authorize said city to acquire and own property; to provide for the sale of property; to provide for the present mayor and council; to provide for ordinances; to provide for a mayor and four councilmembers and to prescribe their qualifications, manner of election, term of office, powers, rights, privileges, and duties; to

3556

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

provide for elections; to provide for filling vacancies; to provide for a municipal court; to provide for taxation; to authorize said city to regulate businesses, trades, and professions; to provide for zoning; to provide rules and regulations; to provide for a board of health; to provide for the purchase or sale of all public utility services; to authorize said city to supply utilities; to authorize said city to enforce collection of water, light, power, and sewer bills; to provide for a fire department; to provide for public parks, public buildings, municipal markets, and other public services; to provide for the control of domestic animals; to provide for sanitary and health regulations; to provide for the abatement of nuisances; to authorize said city to contract debts and to issue bonds; to authorize said city to condemn property; to provide the police; to provide for tax sales and other execution sales; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION I. Corporate name.

Payne City, in the County of Bibb, State of Georgia, heretofore made a body politic incorporated by the Acts of the General Assembly of Georgia, shall continue a body politic incorporated and shall be known by the corporate name of Payne City and by that name shall be, and is hereby vested with, all the rights, powers, and privileges incident to municipal corporations in the state; and all powers, rights, privileges, titles, property, and easements heretofore belonging to Payne City are hereby vested in Payne City by the enactment of this charter; and Payne City by and in that name may sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common or corporate seal, make and enact by and through the mayor and council of Payne City such ordinances, rules, and regulations for the welfare and proper government of the city and for the transaction of the business thereof as they may deem good and proper, consistent with the laws and Constitution of the State of Georgia and of the United States.

SECTION 2. Corporate limits.

The corporate limits of Payne City shall be as follows: Beginning at the intersection at eastern right of way line at Brookdale Avenue and its intersection with the southern right of way line of the Norfolk Southern railway and seeing it Land Lot# MRW2 and running on a southeasterly direction a distance of 1,145.15 feet to its intersection with the eastern right of way line of Gardner Street. Thence, in a southwesterly direction a distance of 1,050.12 feet along right of way of Gardner Street to its intersection with northern right of way ofRoff Avenue. Thence, following Roff Avenue in a northwesterly direction along right of way line a distance of 1,009.0 feet to a point, thence 90 degrees across right of way of Roff Avenue

GEORGIA LAWS 2007 SESSION

3557

to intersection with the western right ofway line ofRoff Avenue. Thence, following the rear property lines of Jack L. Treadwell and James Phillip Garvin, Jr. (3395 and 3397 Roff Avenue respectively) a distance of approximately 301.05 feet to the northwest property comer of James Phillip Garvin, Jr. (3397 Roff Avenue) thence along the northern property line of Garvin a distance of approximately 162.0 feet until its intersection with the west right of way line ofRoff Avenue. Thence of90 degrees Roff Avenue 60 to the intersection with the eastern right of way line ofRoff Avenue. Thence, turning northward along eastern right of way of Roff Avenue a distance of approximately 64.0 feet to its intersection with Brookdale Avenue. Thence, in a northeasterly direction along eastern right of way line of Brookdale Avenue a distance of approximately 665.45 feet to its intersection with the Norfolk Southern right of way line, our point beginning.

SECTION 3. Mayor and council.

The municipal government of the city shall be vested in a mayor and four councilmembers whose qualifications and manner of election are prescribed in this section. The present mayor and councilmembers shall continue in office until their successors are elected and qualified as provided herein as well as all other subordinate officers elected by the mayor and councilmembers, subject to the right to remove for good cause. The mayor and councilmembers and their successors and associates shall have perpetual succession and shall be able in law and equity to purchase, have, hold, enjoy, receive, possess, and retain to them and their successors in office for the use and benefit of Payne City and the citizens thereof in perpetuity, or for any term of years, any estate, real or personal and of every kind and nature within or without the corporate limits, for corporate purposes; to have and to hold all property now belonging to the city in its own name or the name of others for the use of the city for the purpose and intent for which the same was given, granted, dedicated, or purchased; and to use, manage and improve, sell, convey, rent, or lease the same. The mayor and councilmembers shall succeed to all the rights, powers, privileges, immunities, and liabilities of the present corporation. They shall and are hereby made responsible as a body corporate for all legal undertakings, liabilities, and debts of the present Payne City; and they shall have power to borrow money, give evidence of indebtedness of same, issue bonds from time to time, and do and perform all and every act necessary or incidental to the raising of funds for the legitimate use of the city. They shall have the right, power, and authority to govern themselves by such rules, laws, bylaws, regulations, ordinances, or other orders not in conflict with this charter or the Constitution of this state and the United States as they may deem proper.

3558

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 4. Legislative authority.

The mayor and council shall constitute a legislative department of and for the city and as such shall have the full power and authority from time to time to make and establish rules, laws, ordinances, regulations, and orders as to them may seem right and proper regarding drainage, ditches, bridges, streets, railroad crossings, street railways, motor vehicles of all types, bicycles, warehouses, markets, stores, restaurants, cafes, opera houses, theaters, dance halls, skating rinks, bowling alleys, pool and billiard rooms, and all other places of amusement; also garages, shops, mills, factories, barbershops, taverns, telegraph and telephone companies, gas, water, lights and electrical companies, petroleum products, booths, stands, tents, businesses, establishments, filling stations, common earners, and all other matters and things whatsoever that may be by them considered necessary, proper, or incident to the good government of the city, to the peace, security, health, happiness, welfare, protection, or convenience of the inhabitants thereof, and for the preserving of peace, good order, and dignity of government. The enumeration of the powers in this section shall not be construed as restricted to the powers mentioned above in this section but shall include all and every other thing and act necessary or incident to municipal government that shall not conflict with any special power or authority given by this charter and shall be construed as an addition to and in aid of such powers.

SECTION 5. Election of mayor and council.

(a) The mayor and the four members of the council shall each be voted upon separately by the qualified voters of Payne City as set out in this section. The office of mayor, presently held by Richard Mullis, has a term in office set to expire December 31, 2009. The council of Payne City shall consist of four seats designated as Council Seat 1, Council Seat 2, Council Seat 3, and Council Seat 4. The seat presently held by Kathy Mullis shall be designated as Council Seat 1, with term in office set to expire December 31, 2009. The seat presently held by Sharon Mobley shall be designated as Council Seat 2, with term in office set to expire December 31, 2007. The seat presently held by John Faherty shall be designated as Council Seat 3, with term in office set to expire December 31, 2007. The seat currently vacant shall be designated as Council Seat 4, with a term set to expire December 31,2007. (b) The terms of office for the mayor and council shall be for four years and until their successors are elected and qualified. On the first Tuesday in November, 2007, an election shall be held to fill Council Seats 2, 3, and 4, and the successful candidates shall take office on January 1, 2008. On the first Tuesday in November, 2009, an election shall be held to fill the posts of mayor and Council Seat I, and the successful candidates shall take office on January 1, 2010.

GEORGIA LAWS 2007 SESSION

3559

SECTION 6. Qualification of mayor and council.

No person shall be eligible for election as mayor or as councilmember of the city unless the person shall have resided in the city for not less than six months immediately preceding his or her election and shall be a qualified voter in the municipal election for officers of the city.

SECTION 7. Oaths of mayor and council.

The mayor and councilmembers before entering upon their duties shall, before some officer authorized by law to administer oaths, take and prescribe the following oath:
"I do solemnly swear or affirm that I will to the utmost of my ability faithfully discharge my duties as mayor (or councilmember) of Payne City during my continuance in office, so help me God (optional)."

SECTION 8. Vacancies.

In the event the office of mayor or any one or more of the councilmembers of the city shall become vacant by death, resignation, removal, or otherwise, the same shall be filled for a period not in excess of six months by any eligible person elected by ballot by the city council, and such person so elected shall hold office until his successor is duly elected and qualified. In case such vacancy occurs more than six months before the next regular election, the council of the city shall, within 30 days after such vacancy occurs, order an election to be held to elect a person to fill such vacancy.

SECTION 9. Qualification of voters.

All persons residing within the city limits six months prior to any election who are 18 years of age or older and who are qualified to vote for members of the state legislature in the County of Bibb shall be entitled to vote for the mayor and councilmembers and in any other election held in and for the city.

SECTION 10. Officers take office.

All officers elected in the regular November election shall take office on the first day of the following January.

3560

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 11. Mayor pro tern.

At the first regular meeting after being elected or as soon thereafter as practicable, the mayor and council shall elect from the council a mayor pro tern who shall, in the absence, disability, or disqualification of the mayor, perform all ofthe duties and exercise all the rights, powers, and privileges of the office of mayor.

SECTION 12. Quorum.

The mayor or mayor pro tern and three councilmembers shall constitute a quorum for the transaction of any business, but the vote of at least three councilmembers shall be required to determine all questions.

SECTION 13. Absences.

In the event ofthe sickness, absence, or disqualification of the mayor and the mayor pro tern, any one of the councilmembers chosen by the council may perform the duties of mayor and shall be clothed with the rights, powers, and privileges of the mayor.

SECTION 14. Mayor's duties and powers.

The mayor shall be the chief executive officer of the city and shall have general supervision of the affairs of the city and shall see that the laws of the city are executed and that the officers of the city are faithful in the discharge of their duties. He or she shall cause the books and records of the city and of its officers to be inspected. The mayor and council of the city shall have full power to fix the time, place, and rules of procedure of their regular sessions. The mayor shall have power to convene the council in special session whenever he or she deems proper. The mayor and council shall have full and ample power to do and perform any of their duties or powers at a special or call session, the same as that of regular sessions. The mayor shall preside at all meetings of and shall have the right to take part in deliberations of the body but shall not vote on any questions except in the case of a tie. The mayor shall sign all deeds and contracts; he or she shall approve all bills and vouchers for the payment of money. The mayor shall have veto power and may veto any ordinance, order, or resolution of the council, in which event the same shall not become law or enforceable unless subsequently passed over his or her veto by a vote of three of the councilmembers; provided, however, that unless the mayor shall file in writing with the clerk his or her veto of any measure passed by the council together with his or her reasons for disapproving of

GEORGIA LAWS 2007 SESSION

3561

such measure within three days after its passage, said measure shall become a law as though approved by him or her. The mayor may approve in writing any measure passed by the council, and it shall go into effect immediately.

SECTION 15. Malpractice in office.

In case the mayor or any councilmember while in office shall be guilty of malpractice or willful neglect of office or abuse of powers conferred upon him or her, he or she shall be subject to be indicted before the Superior Court of Bibb County and shall be removed from office.

SECTION 16. Clerk.

The mayor and council shall appoint a clerk whose performance and tenure shall be determined by the mayor and council. The clerk shall keep the minutes of the council in well-bound books to be furnished to the clerk by the city and shall preserve them and all records entrusted to the clerk. The clerk shall collect all municipal taxes for which collection is not otherwise provided and shall issue all licenses and collect all license fees and other moneys due the city. The clerk shall be the custodian of the funds and shall perform all other duties as may be imposed by the council.

SECTION 17. Marshal and chief of police.

(a) The mayor and council of the city shall be authorized to appoint a marshal of the city to hold office for such time and upon such terms as the mayor and council shall prescribe. The mayor and council may also appoint one or more deputy marshals to assist the marshal in discharging his or her duties, such deputies to hold office for such time and upon such terms as the mayor and council shall prescribe. The marshal and deputies shall execute and enforce the ordinances, bylaws, rules, and regulations of the city as may be directed therein. The marshal shall have charge of the working of any offenders who have been committed to his or her custody by the court. The marshal shall collect all fees imposed by the municipal court and perform all other duties as may be required by the mayor and council. (b) The mayor and council shall be authorized to appoint a chief ofpolice of Payne City who shall hold the office at the pleasure of the mayor and council. The chief of police shall have the responsibility of preserving peace, good order, safety, and tranquility in the city; supervising, controlling, and directing the members of the police department; and carrying out the orders and directions of the mayor and the courts. The chief of police shall report, arrest, and prosecute all offenders of the laws and ordinances of the city as shall come to his

3562

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

or her knowledge and cause such officers subordinate to do the same. The chief of police shall perform all other duties as may be required by the mayor and council.

SECTION 18. Compensation of officers and agents.

The mayor and council of the city shall have the power to fix and determine the compensation for services rendered by all officers, agents, and employees of the city at such figure as in their discretion they deem reasonable and proper, for which compensation is not specifically provided in this charter.

SECTION 19. Creation of municipal court.

(a) The mayor and council of the city shall have the power to establish a court to be known as the Municipal Court of Payne City which shall have jurisdiction and authority to try offenses against the laws and ordinances of Payne City and to punish for a violation of the same. Such court shall have the power and authority to enforce its judgments by the imposition of such penalties as may be provided by law; to punish witnesses for nonattendance; to punish any person who may counsel or advise, aid, encourage, or persuade another whose testimony is desired or material in any proceeding before the court to go or move beyond the reach of the process of the court; and to try all offenses within the territorial limits of the city constituting traffic cases which under the laws of Georgia are placed within the jurisdiction of municipal or police courts to the extent of and in accordance with the provisions of such laws and all laws subsequently enacted amendatory thereof.
(b)( I) The council shall appoint a person to serve as judge of the municipal court and such judge shall preside over the court. No person shall be so appointed unless he or she is a resident of Payne City or Bibb County; is a member in good standing of the State Bar of Georgia; and has been actively engaged in the practice oflaw, either as an attorney or as a judge, for at least two years preceding his or her appointment. The judge shall serve at the pleasure of the city council. (2) The bailiff of the municipal court shall be appointed by the mayor, by and with the advice and consent of the City council. The duties of the bailiff shall consist generally of seeing that the courtroom is in proper condition for sessions of cowl, of assisting in keeping order while court is in session, and of doing such other acts of assistance as may be required by the judge of the court and the city clerk.

GEORGIA LAWS 2007 SESSION
SECTION 20. Convening.

3563

The municipal court shall be convened at such times as designated by ordinance or at such times as deemed necessary to keep current the dockets thereof.

SECTION 21. Jurisdiction; powers.

(a) The municipal court shall try and punish for crimes against Payne City and for violation of its ordinances. The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed a fine of $200.00. The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00. (b) The municipal court shall have authority to establish a schedule of fees to defray the costs ofoperation and shall be entitled to reimbursement ofthe costs ofmeals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law. (c) The municipal court shall have authority to establish bail and recognizances to insure the presence of those charged with violations before the court and shall have discretionary authority to accept cash or personal or real property as surety for appearance of persons charged with violations. (d) The municipal court shall have authority to bind prisoners over to the appropriate court when it appears by probable cause that a state law has been violated. (e) The municipal court shall have authority to administer oaths and to perform all other acts necessary or proper to the conduct of the court. (f) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by state law. (g) The municipal court is specifically vested with the entire jurisdiction and powers throughout the entire area of Payne City granted by state laws generally to municipal courts and particularly by such laws as authorize the abatement of nuisances.

SECTION 22. Appeal.

The orders, verdicts, judgments, and sentences of the court shall be subject to appellate review by writ of certiorari in the appropriate Bibb County Superior Court or as otherwise provided by general state law.

3564

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 23. Rules for court.

With the approval of the council, the judge shall have foil 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 council may adopt in part or in total the rules and regulations relative to the procedure of the operation of the superior court under the general laws of the State of Georgia. The rules and regulations made or adopted for the court shall be filed with the city clerk and shall be available for public inspection. Upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to the proceedings.

SECTION 24. Finances.

The mayor and council of the city shall have power to control the finances and property of the city, to appropriate money, and to provide for the payment of the debts and expenses of the city.

SECTION 25. Remission of sentences and fines.

Every person convicted in the municipal court of a violation of any city ordinance, law, or regulation shall have the right to appeal from the action of the judge to the mayor and council, which body shall have full power after a hearing to commute, remit, suspend, or modify the sentence or fine imposed.

SECTION 26. Counsel.

Be it further enacted that all persons put on trial in the municipal court shall have opportunity to employ counsel if they so desire.

SECTION 27. Taxes.

The mayor and council of the city are hereby authorized and empowered to impose, levy, and collect ad valorem taxes on all property, real and personal, within the corporate limits of the city; and upon all goods and monies whose owner resides within the corporate limits of the city which are subject to taxation by the laws of this state for the ordinary current expenses of the city, the mayor and council may impose, levy, and collect a tax of taxable property as

GEORGIA LAWS 2007 SESSION

3565

assessed in the manner herein provided; and for the paving and repair of streets and sidewalks and for the payment of the principal and interest of the public debt of the city, the mayor and council may impose, levy, and collect such additional taxes as may be necessary and proper in the manner prescribed by the Constitution of Georgia. The taxes shall have the same lien and priority as taxes due the state and county, except that they shall be second and postponed thereto.

SECTION 28. Tax executions.

The mayor and council of the city shall have the power and authority to provide by ordinance when the taxes of the city shall fall due, but until otherwise provided, all ad valorem taxes owed to the city shall fall due annually on the first day of October, and tax executions shall be issued against all persons who have not paid their taxes by the time fixed and defined. All tax executions shall be signed by the clerk and be executed in the name of the mayor.

SECTION 29. Licenses and specific or occupation tax.

Be it further enacted that the mayor and council of Payne City shall have full power and authority to license, regulate, control, or prohibit theatrical exhibitions, carnivals, dance halls, skating rinks, shows, and exhibits of all kinds; automobiles, trucks, taxis, and public and private vehicles of all kinds; traveling vendors; hotels, boardinghouses, restaurants, lunch stands, drink stands, markets, mercantile establishments, chain stores, laundries, billiard, pool, and other kinds of tables; bowling alleys, games operated by coin-in-slot devices for carrying on games; bakeries, dairies, barbershops, garages or motor vehicle repair shops, telephone and telegraph companies; drugstores; soft drink dealers; auctioneers and pawnbrokers; agents of fire, health, accident, indemnity, casualty, and life insurance companies; the sale of all kinds of beverages, cigars, cigarettes, and tobacco products of all kinds; dealers and dispensers of gasoline or petroleum products of any kind, either at wholesale or retail, from tanks or otherwise; all dealers of farm products; and all businesses, occupations, professions, callings, trades, or avocations which under the laws ofthis state are subject to license. The mayor and council shall have the power to require registration of and to assess and collect a license tax on all such businesses and all other businesses, trades, professions, occupations, or callings conducted or engaged in within the corporate limits of the city. The mayor and council shall have full and complete power to provide by ordinance for classification of all classes and businesses and all other rules and regulations necessary and proper in the premises; they may fix a fiscal year and time for all licenses to expire and may apportion the license but shall not be required to do so. The license, specific, or occupation taxes mentioned in this section shall be paid to the clerk before a person shall engage in the business, pursuit, or calling.

3566

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 30. Revocations.

The mayor and council may revoke the license of and prohibit the operation of any business or establishment for which a license may have been granted in the event the same becomes a nuisance or is dangerous or injurious to the health or morals of the people of the city. The mayor and council are hereby authorized and empowered to define and prohibit unfair competition on the part of any person, firm, or corporation seeking to do business or doing business in the city and to refuse to grant a license to any person, firm, or corporation who manifestly intends to engage in unfair competition therein and to revoke the license of any person, firm, or corporation who engages in unfair competition. No license shall be revoked without giving notice and affording such person or corporation an opportunity to be heard.

SECTION 31. Bond issues.

Payne City shall have power to issue and sell interest-bearing negotiable bonds of the municipality for the purpose ofpurchasing land and buildings, erecting buildings, improving property, purchasing equipment, purchasing improvements, and paying for condemned property taken for public use whenever necessary and authorized by general law and whenever the provisions of the general law are complied with and when done with the purpose of properly furnishing the municipality and the citizens and inhabitants thereof with proper health and sanitation facilities, including water, water systems and supplies, sewer and sewerage systems, disposal plants, electric and power and gas service, streets and sidewalks, fire protection, and fire-fighting equipment and facilities. Such bonds may be issued from time to time or issued from time to time as the necessity may exist, but such bonds shall not be issued in any case except within the restrictions of general law, nor shall any bonds be issued for any purpose except as authorized by general law and the Constitution of this state and of this charter or subsequent amendments. In all cases, such bonds shall be issued only after compliance with the general law and the Constitution of this state as to purpose, amount, elections, and procedure.

SECTION 32. Bond execution and bond tax.

Should the mayor and council determine in accordance with the provisions of this charter to issue bonds for any purpose set out in this charter, then they shall have the power and authority, in addition to all other taxes authorized, to levy and collect an additional tax sufficient to pay off said bonds with all interest and charges on the same within the period which the bonds have to run, as well as to provide any sinking fund that may be necessary and advisable. This tax shall be separately assessed, levied, and collected for the purposes

GEORGIA LAWS 2007 SESSION

3567

designed and shall not be issued or applied to any other purpose. The mayor and council are authorized to issue interest coupons, payable annually, for the interest on the bonds. The bonds shall be signed by the mayor and clerk of the city and shall be in such denominations, sold in such manner and in such sums, at such times, and bear such rate of interest as the mayor and council may determine.

SECTION 33. Sewerage.

The mayor and council of the city are hereby vested with full power and authority to establish, equip, maintain, modify, extend, and improve a system of sewerage and drains in Payne City and to adopt by ordinance such regulations as may be needful and necessary in connection with the same, including such charges as may, in the discretion of the mayor and council, seem reasonable and proper for sewer connections or service for which the charges shall be enforceable in the same manner that charges for water furnished by the city are enforced. The mayor and council shall have the power and authority to cause the owner or owners of lots within the city to drain same and to make same sanitary.

SECTION 34. Utility service powers.

The mayor and council of Payne City shall have full power and authority to furnish water, electric lights and power, gas, heat, and other public utilities for the use of the public of the city and for private use and charge therefor; to own, construct, enlarge, operate, and maintain a system of waterworks and sewerage, a system of electric lights and power lines, a system for the manufacture of heat, and any other public utility system or plants; to purchase or generate electric energy; and to do anything necessary to maintain the supplying ofthe public utility services. The mayor and council of the city may contract with persons residing beyond the city limits to furnish them with water and other public utilities provided by the city but shall not be required to furnish such service to nonresidents.

SECTION 35. Collection of charges for public utility services.

The mayor and council of Payne City shall have full power and authority to regulate and enforce the collection of and insure the payment of charges for supplying water, electric lights or power energy, gas, heat, and sewer services by such methods as the mayor and council may provide.

3568

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 36. Franchises.

The mayor and council of the city shall have the power and authority to grant the right to use any of the streets, alleys, or other passageways in the city for railroads and telegraph, telephone, bus, gas, water and electric light, and power service. In granting such franchises, they shall fully and completely guard and protect every interest, present and future, of the city, and no franchise shall carry with it any right or power except as specifically set forth and enumerated and named herein.

SECTION 37. Control of domestic animals.

The mayor and council shall have authority to make all rules and regulations necessary for the control of, inoculation, treatment, and impounding and redemption of all domestic animals within the city and to impose and collect a tax on same. They shall have authority to have killed or removed from the city such animals as have not been inoculated or treated or the taxes thereon unpaid, as well as to keep such animals from running at large on the streets. The mayor and council shall have the right to prohibit, control, and regulate in any and every manner the keeping of domestic animals within the city and to provide penalties for the violation of any ordinance with reference thereto.

SECTION 38. Health regulation.

In order to protect the health of the inhabitants of the city and keep the city in a decent and presentable condition, the mayor and council shall have authority to require all owners of property within the city to keep same free of standing water, grass, weeds, trash, and rubbish and may by ordinance provide for a penalty for the failure to do so. The mayor and council may also provide for having such lots cleared, the expense to be borne by the owner.

SECTION 39. Tax executions, costs and sales.

The taxes on property levied by Payne City shall be due and payable on October 18 of each year unless otherwise provided by the mayor and council, and unless paid on or before such day, an execution for the purpose of collecting such taxes shall be issued immediately by the clerk. Cost thereof and the cost of levy and sale in the manner provided in this charter shall be the same as in executions from the office of the tax collector of Bibb County and in tax sales by the sheriff of the county. The mayor and council shall have authority to order the payment of such costs into the city treasury.

GEORGIA LAWS 2007 SESSION
SECTION 40. Tax sales, redemption.

3569

The mayor and council shall have the power and authority to enforce by execution the collection of any debt or claim due to the city for taxes, licenses, rents, impounding fees, fines and forfeitures; for laying sewers or drains; for cleaning and repairing toilet facilities; for abating nuisances; and for any and all levies, assessments, debts, and demands due to the city. The executions shall be issued by the clerk of the city and be executed in the name of the mayor against the property, person, firm, or corporation against which or upon whom any such debt or demand is owing, such executions to be directed to all and singular the sheriff who shall be authorized to levy the same upon any property of the person against whom such execution shall have been issued.

SECTION 41. Claims and illegalities.

When any execution shall be issued as provided in this charter, a claim or illegality may be interposed under the same rules and regulations as are now provided by law for claims and illegalities under tax execution or other executions issuing from the various courts of this state, such claim or illegality shall be returned to and heard in the Superior Court of Bibb County.

SECTION 42. Nuisances, abatement, punishment.

The mayor and council shall have power and authority to regulate and prescribe by ordinance those acts, doings, and conditions which shall constitute a nuisance and may provide ordinances for the abatement thereof and for the punishment of those people responsible therefor.

SECTION 43. Regulation of buses and taxis.

The mayor and council shall have full power and authority to regulate the running of buses and taxicabs, to prescribe the manner and rate of speed in which same may be run, and to provide for the necessary terminals and operation thereof.

3570

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 44. City jail.

The mayor and council shall have authority to establish or contract for a jail and provide regulations for the same in which to confine for punishment, when necessary, persons sentenced by the mayor for violating any of the city laws or ordinances or any penal section of this charter and for the safe detention of all disorderly persons committing, or attempting to commit, crimes, and the marshal or any policeman shall have the right to take up all disorderly persons and confine them in the jail and to take up and confine therein in default of bail any person violating any of the laws or ordinances of the city or of this state.

SECTION 45. Power over streets, paving.

The mayor and council of Payne City shall have the power and authority to open, close, lay out, widen, straighten, or otherwise change the streets, alleys, sidewalks, crossings, or other passageways of the city and shall have the power to vacate, close up, open, alter, grade and fill, curve, pave, drain, and repair same. They shall have full and complete power and authority to require any street, avenue, alley, sidewalk, street crossing, other crossing, and passageway to be paved in such manner and with such material as they may determine by resolution or ordinance and shall have full authority to enforce such ordinance, rules, and regulations and to provide such penalties and issue such executions as may be necessary to carry out the purpose of this section. Upon failure of abutting property owners or others occupying said street after notice to comply with the requirements of this section, they may direct their officers or persons in their employment to carry out and execute the provisions of said ordinance in reference to sidewalks, pavements, and street crossings at the expense of the owner so refusing or failing to comply with said ordinance, and the mayor and council are empowered to issue execution for said bill of expense against the owner of the property, or the property if the owner is unknown, and levy and collect the same in the same manner as in case of tax executions.

SECTION 46. Fire districts, etc.

The mayor and council are authorized to enact any and all ordinances, rules, and regulations necessary to lay out and prescribe a fire district in the city and to enlarge, change, or modify its limits from time to time; to prescribe when, how, and of what materials buildings in said limits may be erected, repaired, or covered; to prescribe how thick the walls may be and how the chimneys, stove pipes, and flues are to be constructed; to provide for fire escapes in said buildings; and generally to do all such things and to pass such laws and ordinances as the mayor and council may deem necessary in order to protect the city as well as possible from

GEORGIA LAWS 2007 SESSION

3571

fire and to prevent the spread of fire from one building to another and for the protection and safety of the people. They shall also have the authority to order any changes in a construction or arrangement of building chimneys, stove pipes, or flues and to order the removal thereof when in their judgment the same are dangerous or likely to become so and to make the owner of the premises pay the expense of such changes or removal, which expense may be collected by execution as taxes are collected. If any person, firm, or corporation shall erect or maintain any building that is not in accordance with the laws and ordinances of the city, the mayor and council may order such building removed or altered. If such person, firm, or corporation shall not remove or alter such building after notice to do so as may be prescribed, then the mayor and council shall have authority to remove or alter the same at the expense of the owner, which expense may be collected by execution issued and enforced in the same manner as in case of tax executions.

SECTION 47. Zoning laws.

The mayor and council of the city may, in the interest of public health, safety, order, convenience, comfort, prosperity, or general welfare, adopt by ordinance a plan or plans for districting or zoning of the city for the purpose of regulating the location of structures near street frontages. The zoning regulation may be based upon any one or more of the purposes above described. The city may be divided into any number of zones or districts, and such districts may be of such shape and area as the mayor and council shall deem best suited to accomplish the purpose of the zoning regulations. In the determination and establishment ofdistricts and regulations, classification may be based on the nature or character ofthe trade industry or other activity conducted or to be conducted upon the premises; the number of persons, families, or other group units to reside in or use buildings; the public, quasi-public, or private nature of the use of the premises; or upon any other basis relevant to the promotion of the public health, safety, order, morals, conveniences, prosperity, or welfare. The mayor and council may provide by ordinance for a zoning commission, to be elected by the mayor and council of the city, and to prescribe their powers and duties, to provide the method and appeal from findings of said zoning commission, to provide for a board of zoning appeals to be elected by the mayor and council to hear such appeals and to provide their powers and duties, and to provide for the right of certiorari from said board of zoning appeals to the Superior Court of Bibb County.

SECTION 48. Additional powers.

In addition to the power and authority vested in the mayor and council of Payne City created by this charter by the general laws of this state and to others heretofore and herein granted by this charter, the mayor and council are authorized and empowered to adopt such

3572

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

ordinances and regulations not in conflict with the Constitution and laws of the United States or of this state as they may deem proper:
(a) To protect and advance the morals of the city; to secure peace, good order, and quiet in the city; to protect the health of the city; to prevent the spread of and to suppress infectious, contagious, or dangerous diseases in the city; and to regulate toilets, toilet facilities, and cesspools; (b) To create and elect a board of health in the city and to prescribe its powers and duties, fix its compensation, and maintain the board; to provide for the quarantine in and treatment of contagious diseases, either in or outside of the city, and to cooperate in the management and control ofany public hospital or clinic for treatment generally ofdiseases and accidents and to contribute money to the same; and to provide aid for the needy poor of the city; (c) To regulate and prohibit the keeping of explosives and other dangerous substances in the fire limits and at other places in the city; to regulate or prohibit the sale and shooting of fireworks and other explosives in the city; and to regulate the erection and maintenance of steam boilers and electrical apparatus in the city; (d) To regulate the character of buildings to be erected in the city and to adopt and enforce building regulations; to require permits and to condemn buildings which are, or may become, dangerous to life or health and require the removal or repair of same; and to regulate plumbing and electrical wiring in structures in the city; (e) To prevent or condemn encroachments or obstructions in, upon, or over any sidewalk, street, or alley and to require removal of such; (f) To grant franchises, easements, and rights of way over, in, under, or along the public streets, sidewalks, alleys, parks, or other property of the city on such terms and conditions as the mayor and council may prescribe; and to regulate all public service or utility corporations doing business in the city in any manner not in conflict with state or federal law; (g) To establish, equip, and maintain a fire department, such fire department to be within the control and regulation of the mayor and council; (h) To define and prohibit nuisances within the corporate limits of the city, prescribe the mode of trial for such nuisances, and to abate the same; (i) To provide, equip, and maintain a jail, prison, or public works camp and to regulate same; and to provide for the working of convicts on the streets of the city or any public works of the city both within and without the corporate limits; (j) To prescribe and regulate the use of its streets and to classify said streets and regulate the use thereof according to such classification; to prohibit the sale or barter of any merchandise or thing from any stand, vehicle, or conveyance on the public streets, sidewalks, or ways of the city; to limit and regulate the speed of all motor vehicles on said streets and the operation thereof; and to prescribe and regulate the fees of taxis and transfer companies operating in the city and to regulate the operation thereof; (k) To suppress and prohibit houses where illegal, immoral, or disorderly practices are had;

GEORGIA LAWS 2007 SESSION

3573

(I) To lay out and open streets and alleys in the city and to change the grades thereof; (m) To provide a uniform scale of costs for the clerk of the city for all services in the arrest and prosecution of offenders in the municipal court, for the issuance and collection of taxes and other executions, and for their collection and payment into the city treasury; (n) To require connection with water or sewerage by property owners whose property abuts on streets having water or sewer mains therein; and (o) To contract with public utility companies for the purchase of or the sale of water, electric current, gas, or any and all other public utility services.

SECTION 49. Condemnation powers.

The mayor and council of Payne City shall have full power and authority to condemn private property, either within or outside the corporate limits, for any lawful purpose, such as establishing public streets, sidewalks, parks, or playgrounds; for rights of way; for any electric light, water supply, gas or sewer lines or sewerage disposal plant; for sites for the building or enlarging of any public building, reservoir, or structure necessary for the operation and conduct of the fire department, water plant, electric light and power plant, gas works or gas system, sewerage system, including lines and disposal plant, or any other department of the city; and for any other public use whatsoever whenever the same is necessary in their opinion. Whenever the mayor and council shall desire to exercise the power and authority to condemn property as granted and conferred in this section, said power and authority shall be exercised whether the land sought to be condemned is in the hands of the owner or a trustee, executor, administrator, guardian, or agent. All proceedings for condemnation shall be conducted in the manner provided by the general laws of the State of Georgia for condemnation of private property.

SECTION 50. Bonds for debts, etc.

The mayor and council of the city shall have the power and authority to contract debts and issue bonds of the city as the valid obligations thereof under and in accordance with the limitations provided in the Constitution and laws of Georgia for the purpose of refunding valid existing debts; establishing, improving, and maintaining the water system; establishing, improving, and maintaining a sewerage system, a system oflights or electric power, and any other public service or utility system; for paving or otherwise improving streets, sidewalks, or public places; for any other improvements, conveniences, or necessities for the use of the city or the citizens thereof; or for any other lawful purposes.

3574

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 51. Ordinances of force.

All ordinances now in force in the city except where they are in direct conflict with the provisions of this charter shall remain of full force and effect unless and until they are repealed or superseded by other ordinances passed by the mayor and council of Payne City.

SECTION 52. Powers not restrictive general welfare clause.

The enumeration of powers contained in this charter shall not be considered as restrictive by the mayor and council of Payne City, and the authorities of the city may exercise all powers, rights, and jurisdictions as they might if such enumeration were not made. The mayor and council are hereby authorized to pass all laws, ordinances, rules, and regulations that they may deem needful and proper for the general welfare and protection of the city. Where under this charter rights are conferred or powers granted but the manner of exercising them is not fully defined, the mayor and council may prescribe additional regulations and modes of procedure not repugnant to the interest and purposes of this charter and the laws of this state.

SECTION 53. Date when effective.

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

SECTION 54. Repealing clause.

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

GEORGIA, BIBB COUNTY NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to An Act to create and establish a new charter for Payne City and to define its territorial limits; to create a municipal government; to authorize said city to acquire and own property; to provide for the sale of property; to provide for the present mayor and council; to provide for ordinances; to provide for a mayor and four councilmembers and to prescribe their qualifications, manner of election, term of office, powers, rights, privileges and duties; to provide for elections; to provide for filling vacancies;

GEORGIA LAWS 2007 SESSION

3575

to provide for a municipal court; to provide for taxation; to authorize said city to regulate businesses, trades and professions; to authorize said city to issue; to provide for zoning; to provide rules and regulations; to provide for a board of health; to provide for the purchase or sale of all public utility services; to authorize said city to supply utilities; to authorize said city to enforce collection of water, light, power and sewer bills; to provide for a fire department; to provide for public parks, public buildings municipal markets, and other public services; to provide for the control of domestic animals; to provide for sanitary and health regulations; to provide for the abatement ofnuisances; to authorize said city to contract debts and to issue bonds; to authorize said city to condemn property; to provide the police; to provide for tax sales and other execution sales; to provide for an effective date; to repeal conflicting of this Act; and for other purposes.

This 28th day of February, 2007. Representative Allen M. Peake 137th District

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Allen M. Peake, who on oath deposes and says that he is the Representative from District 137 and further deposes and says that the attached Notice oflntention to Introduce Local Legislation was published in the Macon Telegraph which is the official organ of Bibb County on March 3, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

s/ ALLEN M. PEAKE Allen M. Peake Representative, District 137

Sworn to and subscribed before me, this 19th day of March, 2007.

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

Approved May 16, 2007.

3576

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II CITY OF BAINBRIDGE- NEW CHARTER.

No. 77 (House Bill No. 93).

AN ACT

To provide a new charter for the City ofBainbridge; 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 and 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, and other personnel and matters relating thereto; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof and other matters relative to those judges; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; to provide for elections; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for auditing, accounting, budgeting, and appropriations; to provide for city contracts and purchasing; to provide for the conveyance of property and interests therein; to provide for bonds for officials; to provide for prior ordinances and rules, pending matters, and existing personnel; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

ARTICLE I INCORPORATION AND POWERS
SECTION 1.10. Name.

The City of Bainbridge, in Decatur 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 City of Bainbridge, Georgia, and by that name shall have perpetual succession.

GEORGIA LAWS 2007 SESSION
SECTION 1.11. Corporate boundaries.

3577

(a) The boundaries of this city shall be those existing on the earliest effective date in 2007 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 Director of Community Development and to be designated, as the case may be: "Official Map (or Description) of the corporate limits of the City of Bainbridge, Georgia." Photographic, typed, or other copies of such map or description certified by the City Clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.

SECTION 1.12. Powers and construction.

(a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city.

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.

3578

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 six councilmembers. The city council established in this charter shall in all respects be a successor to and continuation ofthe city governing authority under prior law. The mayor and councilmembers shall be elected in the manner provided by this charter.

SECTION 2.11. City councilmembers; terms and qualifications for office.

The members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor unless such person has been a resident of the city for a period of one year immediately prior to the date of the election for mayor. No person shall be eligible to serve as a councilmember unless he or she has been a resident of the district for which he or she is offering as a candidate for a period of one year immediately preceding the date of the election for councilmembers. The person elected to serve as mayor shall continue to reside in the city and each person elected to serve as councilmember shall continue to reside in the district from which elected during their respective terms of office. The mayor and each councilmember shall be registered and qualified to vote in municipal elections of the City of Bainbridge and each of them shall meet the qualification standards required for members of the Georgia House of Representatives, as are now or may in the future be prescribed by the Georgia Constitution.

SECTION 2.12. Vacancy; filling of vacancies; suspensions.

(a) Vacancies - The office of mayor or councilmember shall become vacant upon such persons failing or ceasing to reside in the city or upon the occurrence of any event specified by the Constitution, Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted. (b) Filling of vacancies- A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, by an election as provided for in Section 5.13 of this charter and Titles 21 and 45 of the O.C.G .A. or such other laws as are or may hereafter be enacted.

GEORGIA LAWS 2007 SESSION
SECTION 2.13. Compensation and expenses.

3579

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

SECTION 2.14. Conflicts of interest; holding other offices.

(a) Elected and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. (b) Conflict of interest-No elected official, appointed officer, or employee ofthe 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'sjudgment 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 ofthat person's judgment or action in the performance of that person's official duties; (3) Disclose confidential information, including information obtained at meetings which are closed pursuant to Chapter 14 of Title 50 of the O.C.G .A., concerning the property, government, or affairs of the governmental body by which that person is engaged without proper legal authorization or use such information to advance the financial or other private interest of that person or others; (4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation which to that person's knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which that person is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which that person has a financial interest. (c) Disclosure -Any elected official, appointed officer, or employee who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such interest to the city council. The mayor or any councilmember who has a financial interest in any matter pending before the city council shall disclose such interest and such disclosure shall be entered on the records of the city

3580

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

council, and that person shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such interest to the governing body of such agency or entity. (d) Use of public property- No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (e) Contracts voidable and rescindable - Any violation ofthis section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render 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. (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 persons office or position as described in paragraph (1) of this subsection shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter.

SECTION 2.15. Inquiries and investigations.

Foilowing 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.

GEORGIA LAWS 2007 SESSION
SECTION 2.16. General power and authority of the city council.

3581

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 at its first regularly scheduled meeting. The meeting shall be called to order by the city clerk and the oath of office shall be administered to the newly elected members as follows:
"I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (councilmember) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and the United States of America."

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 four 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 after such a meeting and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such

3582

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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 of procedure.

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

SECTION 2.21. Quorum; voting.

The mayor and mayor pro tern and three councilmembers shall constitute a quorum and shall be authorized to transact business of the city council. In the event that both the mayor and mayor pro tern are unavailable, four councilmembers are required to be present to transact the business of the city. The mayor shall only vote in the case of a tie in which case his or her vote shall be recorded and counted towards the number of votes necessary to adopt or reject a question before the council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of a majority of the councilmembers present shall be required for the adoption of any ordinance, resolution, or motion. An abstention shall be counted as an affirmative vote.

SECTION 2.22. Ordinance form; procedures.

(a) Every proposed ordinance should be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "It is hereby ordained by the governing authority of the City of Bainbridge... " 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

GEORGIA LAWS 2007 SESSION

3583

by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided for in Section 2.24 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 ofthe 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 oflaw shall be enacted by ordinance.

SECTION 2.24. Emergencies.

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

3584

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of subsection (b) of Section 2.22 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.26 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for 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 Bainbridge, 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 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. City manager; appointment; qualifications; compensation.

The city council shall appoint a city manager for an indefinite term and shall fix the city manager's compensation. The city manager shall be appointed solely on the basis of that persons executive and administrative qualifications.

GEORGIA LAWS 2007 SESSION
SECTION 2.28. Removal of city manager.

3585

(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, that person 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 maybe 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 the city manager's salary until the effective date of a final resolution of removal.

SECTION 2.29. Acting city manager.

By letter filed with the city clerk, the city manager shall designate, subject to approval of the city council, a qualified city administrative officer to exercise the powers and perform the duties of city manager during the city manager's temporary absence or physical or mental 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 the city manager's disability shall cease.

SECTION 2.30. 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 the city manager's charge by or under this charter. As the chief executive and administrative officer, the city manager shall:
(1) Appoint and, when the city manager deems it necessary for the good of the city, suspend or remove all city employees and administrative officers the city manager

3586

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

appoints, except as otherwise provided by law or personnel ordinances adopted 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) Direct and supervise the administration of all departments, offices, and agencies of the city, except as otherwise provided by this charter or by law; (3) Attend all city council meetings, except for closed meetings held for the purposes of deliberating on the appointment, discipline, or removal of the city manager, and have the right to take part in discussion, but the city manager may not vote; (4) 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) Prepare and submit the annual operating budget and capital budget to the city council; (6) 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) Make such other reports as the city council may require concerning the operations of city departments, offices, and agencies subject to the city manager's direction and supervision; (8) 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 the city manager deems desirable; and (9) Perform other such duties as are specified in this charter or as may be required by the city council.

SECTION 2.31. Council's interference with administration.

Except for the purpose of inquiries and investigations under Section 2.15 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 2.32. 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, shall have been a resident of the city for 12 months prior to the election, and shall meet the same qualifications for office as members of the Georgia House of Representatives as are now or may in the future be prescribed by the Georgia Constitution. The mayor shall continue to

GEORGIA LAWS 2007 SESSION

3587

reside in this city during the period of the mayor's service. The mayor shall forfeit the office of mayor on the same grounds and under the same procedure as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers.

SECTION 2.33. Powers and duties of mayor.

The mayor shall: (1) Preside at all meetings of the city council; (2) Represent the city in intergovernmental relations; (3) Appoint members of citizen advisory boards and commissions with the advice and consent of the council; (4) 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; (5) Have the power to administer oaths and to take affidavits; and (6) 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.

SECTION 2.34. Mayor pro tern.

The position of mayor pro tern shall be filled by a member of the city council for a one-year term. The members of the council shall rotate the position of mayor pro tern by council seat number and the term of office shall begin at the first meeting held during the month of January, If any councilmember should decline the office of mayor pro tern, the city council by majority vote shall select another member of the council to fill the seat for that term and the regular rotation shall resume at the conclusion of that term. The mayor pro tern shall assume the duties and powers of the mayor during the mayor's physical or mental disability or absence. Any such disability or absence shall be declared by a majority vote of the city council. The mayor pro tern shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest as provided in Section 2.14.

ARTICLE III ADMINISTRATIVE AFFAIRS
SECTION 3.10. 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

3588

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the mayor, with the advice and consent of the city council, for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The city council by ordinance may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed in this charter for original appointment, except as otherwise provided by this charter or by law. (f) No member ofa 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 persons 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 the mayor, with the advice and consent 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 3.11. City attorney.

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

GEORGIA LAWS 2007 SESSION
SECTION 3.12. City clerk.

3589

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 and city records; maintain city council records required by this charter; and perform such other duties as may be required by the city council.

SECTION 3.13. Position classification and pay plans.

The city manager shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the city council for approval.

SECTION 3.14. Personnel policies.

All employees serve at will and may be removed from office at any time unless otherwise provided by ordinance.

ARTICLE IV JUDICIAL BRANCH
SECTION 4.10. Creation; name.

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

SECTION 4.11. Chief judge; associate judge.

(a) The municipal court shall be presided over by a chiefjudge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless that person shall have attained the age of 21 years 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

3590

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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 $1,000.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for six months or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing, as now or hereafter provided by law. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking 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 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 2007 SESSION

3591

(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 Decatur County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.

SECTION 4.15. Rules for court.

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

ARTICLE V ELECTIONS AND REMOVAL
SECTION 5.10. Applicability of general law.

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

SECTION 5.11. 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 three councilmembers at one election and at every other election thereafter. The remaining city council seats shall be filled at the election alternating with the first election so that a continuing body is created.

3592

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 5.12. Nonpartisan elections.

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

SECTION 5.13. Election by plurality vote.

The person receiving a plurality of the 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 of this charter, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official.

SECTION 5.15. Other provisions.

Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations as it deems appropriate to fulfill any options and duties under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."

SECTION 5.16. Removal of officers.

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

GEORGIA LAWS 2007 SESSION

3593

Court of Decatur 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 Decatur County following a hearing on a complaint seeking such removal brought by any resident of the City of Bainbridge.

ARTICLE VI FINANCE
SECTION 6.10. Property tax.

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

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

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

SECTION 6.12. Occupation and business taxes.

The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. The city council may classify businesses, occupations, or professions for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter.

SECTION 6.13. Licenses; permits; fees.

The city council by ordinance shall have the power to require businesses or practitioners doing business in this city to obtain a permit for such activity from the city and pay a regulatory fee for such permit as provided by general law. Such fees shall reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter.

3594

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 6.14. Franchises.

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

SECTION 6.15. Service charges.

The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available within and outside the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.

SECTION 6.16. Special assessments.

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

GEORGIA LAWS 2007 SESSION
SECTION 6.17. Construction; other taxes.

3595

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

SECTION 6.18. Collection of delinquent taxes and fees.

The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution 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 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.

3596

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 6.22. Lease-purchase contracts.

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

SECTION 6.23. Fiscal year.

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

SECTION 6.24. Budget ordinance.

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

SECTION 6.25. Operating budget.

On or before a date fixed by the city council but not later than 15 days prior to the beginning of each fiscal year, the 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 and the capital budget provided for in Section 6.29 of this charter, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.

GEORGIA LAWS 2007 SESSION
SECTION 6.26. Action by city council on budget.

3597

(a) The councilmembers 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 the last day of the last month of the current 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 ofthe otherwise unencumbered balance ofthe appropriations or allotment thereof to which it is chargeable.

SECTION 6.27. Levy of taxes.

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

SECTION 6.28. Changes in appropriations.

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

3598

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 6.29. Capital improvements.

(a) On or before the date fixed by the city council, but not later than 15 days prior to the beginning of each fiscal year, the city manager 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 ofany 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 last day of the last month of the current 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, the city manager may submit amendments to the capital budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance.

SECTION 6.30. Audits.

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

SECTION 6.31. Procurement and property management.

No contract with the city shall be binding on the city unless: (I) It is in writing; (2) It is drawn 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 2.20 of this charter.

GEORGIA LAWS 2007 SESSION
SECTION 6.32. Purchasing.

3599

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

SECTION 6.33. Sale and lease of property.

(a) The city council may sell and convey or lease any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the city manager and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the city manager 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.

ARTICLE VII GENERAL PROVISIONS
SECTION 7.10. Bonds for officials.

The officers and employees ofthis 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.

3600

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 7.11. Prior ordinances.

All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent with this charter are 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 offices as may be provided by the city council.

SECTION 7.14. Construction and definitions.

(a) Section captions in this charter are informative only and are not be considered as a part thereof. (b) The word "shall" is mandatory and the word "may" is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa.

SECTION 7.15. Severability.

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

GEORGIA LAWS 2007 SESSION

3601

legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence, or part thereof be enacted separately and independent of each other.

SECTION 7.16. Specific repealer.

An Act to create a new charter for the City of Bainbridge, approved December 16, 1901 (Ga. L. 1901, p. 321) and all amendatory Acts thereto are repealed.

SECTION 7.17. Effective date.

This Act shall become effective on July 1, 2007.

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 2007 session of the General Assembly of Georgia a bill to provide a new charter for the City of Bainbridge; 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 ofinterest, 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, quorums, voting, rules, and procedures; to provide for ordinances and codes; to provide for a city manager and 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, 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

3602

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

matters relative to the foregoing; to repeal a specific Act; to provide for effective dates; to repeal conflicting laws; and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gene Maddox, who on oath deposes and says that he is the Representative from District 172 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Post-Searchlight which is the official organ of Decatur County on January 20, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

sf GENE MADDOX Gene Maddox Representative, District 172

Sworn to and subscribed before me, this January 22, 2007.

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

Approved May 16, 2007.

GREENE COUNTY- BOARD OF ELECTIONS AND REGISTRATION; CREATION.
No. 78 (House Bill No. 234).
AN ACT
To create a board of elections and registration for Greene County and to provide for its powers and duties; to provide for definitions; to provide for the composition ofthe board and the selection and appointment of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers ofpowers and duties and to provide for the transfer of functions to the newly created board; to provide for certain expenditures of

GEORGIA LAWS 2007 SESSION

3603

public funds; to provide for compensation ofmembers ofthe board and personnel; to provide for offices and equipment; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for related matters; to provide for submission for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Pursuant to subsection (b) of Code Section 21-2-40 of the O.C.G.A., there is created the Board of Elections and Registration of Greene County, hereinafter referred to as "the board." The board shall have the powers, duties, and responsibilities of the judge of the probate court of Greene County under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," and the powers, duties, and responsibilities ofthe board ofregistrars ofGreene County under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."

SECTION 2. The terms "election," "elector," "political party," "primary," and "public office" shall havE the same meaning as set forth in Chapter 2 of Title 21 of the 0 .e.G.A., the "Georgia Electior Code," unless otherwise clearly apparent from the text of this Act, and the terrr "commissioners" means the Board of Commissioners ofGreene County and "county" means Greene County.

SECTION 3. (a) The board shall be composed of three members who shall be appointed as provided in this section. (b) One member of the board shall be appointed by the county executive committee of the political party which received the highest number ofvotes within the county for its candidate for Governor in the general election immediately preceding the appointment ofsuch member. One member of the board shall be appointed by the county executive committee of the political party which received the second highest number of votes within the county for its candidate for Governor in the general election immediately preceding the appointment of such member. In the event that there is no county executive committee of a political party entitled to make an appointment under this subsection, the appointment on behalf of such political party shall be made by the state executive committee of such party. (c) One member of the board shall be selected by the governing authority of Greene County. (d) All appointments to the board shall be promptly certified by the appointing authority of Greene County to the clerk of the Superior Court of Greene County. (e) The initial appointees to the board shall take office on July I, 2007. Each initial member shall serve a term of office beginning on July 1, 2007, and ending on December 31, 20 I 0, and until his or her respective successor is duly appointed and qualified. Successors to each

3604

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

such member shall thereafter be appointed by the appropriate appointing authority to serve a term of office of four years beginning January 1, 2011, and until his or her respective successor is duly appointed and qualified. Thereafter, all members shall be appointed to serve four-year terms of office. (f) The member of the board appointed by the county governing authority shall serve as chairperson of the board. Such chairperson shall preside over all meetings of the board and shall be entitled to vote on all matters coming before the board.

SECTION 4. There shall be an election supervisor who shall generally direct and control the administration of the affairs of the board pursuant to law and duly adopted resolutions of the board. The election supervisor shall not be a member of the board. The appointment of the supervisor shall be made by the board of commissioners, which will consider the recommendation ofthe board ofelections and registration. The supervisor shall be appointed and removed by the board of commissioners in the same manner as department heads. The compensation ofsuch election supervisor shall be established by the board ofcommissioners in the same manner as department heads. The election supervisor shall provide daily employee supervision, serve as staff support for the board, attend all meetings of the board, carry out the duties of voter registration and elections as required by law, and be a full-time employee of Greene County.

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

SECTION 6. (a) The appointing authority shall certify the appointment of each member of the board by filing an affidavit with the clerk of the superior court no later than 30 days preceding the date upon which such members are to take office, stating the name and residential address of the person appointed and certifying such member has been duly appointed as provided in this Act.
(b) The clerk of the superior court shall record each of such certifications on the minutes of the superior court and shall certify the name of each such appointed member to the Secretary of State and provide for the issuance of appropriate commissions to the members within the same time and in the same manner as provided by law for registrars.

GEORGIA LAWS 2007 SESSION

3605

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

SECTION 8. (a) The first members of the board under this Act shall be appointed as provided in this Act to take office on July I, 2007. The board shall take no official action until all members have been certified to the clerk of the Superior Court of Greene County. (b) Before entering upon the member's duties, each member shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest.

SECTION 9. (a) No person who holds elective public office shall be eligible to serve as a member of the board during the term of such elective office, and the position of any member of the board shall be deemed vacant upon such member's qualifying as a candidate for elective public office. (b) Members of the board must be residents of Greene County and must have been registered voters in Greene County for a period of at least one year prior to the date of appointment to the board.

SECTION 10. The board shall have the authority to contract with any municipality or governmental authority located within Greene County for the holding by the board of any primary or election to be conducted within such municipality or governmental authority. The full costs of any such election shall be paid for by the requesting municipality or governmental authority along with a fee established by the board to offset operational costs of the office of the Greene County Board of Elections and Registration.

SECTION 11. (a) The board shall be authorized and empowered to organize itself, elect from among its members a vice chairperson, determine its procedural rules and regulations, adopt bylaws, specify the functions and duties of its employees, and otherwise take such action as is appropriate to the management of its affairs; provided, however, that no such action shall conflict with state law.

3606

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(b) Action and decision by the board shall be by a majority of the members of the board.

SECTION 12. (a) The board shall fix and establish, by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. The board shall hold meetings at the office of the Greene County Board of Elections and Registration or at the place of meeting of the commissioners. Any specially called meetings held pursuant to the bylaws adopted by the board shall be held only after notification of the time and place of the holding of such special meeting has been communicated in writing to the election supervisor to provide public notice of the meeting as required by law. All meetings of whatever kind of the board shall be conducted pursuant to Chapter 14 of Title 50 of the O.C.G.A. (b) The board shall maintain a written record of policy decisions amended to include additions or deletions. Such written records shall be made available for the public to review pursuant to Article 4 of Chapter 18 of Title 50 of the O.C.G.A.

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

SECTION 14. (a) The board may employ, subject to funding by the Greene County Board of Commissioners, additional clerical assistants as needed to efficiently carry out the duties and functions of the board on either an independent contract basis or as county employees entitled to all benefits as other county employees, to be determined by the board of commissioners. The compensation of all clerical assistants shall be established by the board of commissioners in the same manner as for other county employees. Any such assistants shall be at-will employees of the board of commissioners. (b) The board of commissioners, at their legislative discretion, shall provide suitable offices and equipment and funding sufficient to employ the staff and other employees as may be necessary.

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

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

GEORGIA LAWS 2007 SESSION

3607

SECTION 17. This Act shall become effective upon its approval by the Governor or upon its becoming Jaw without such approval for purposes of making initial appointments to the board only. This Act shall become fully effective on July I, 2007. Upon this Act becoming fully effective or upon such later date determined by the board of commissioners, the superintendent of elections of Greene County and the board of registrars of Greene County shall be relieved of all powers and duties to which the board succeeds by the provisions of this Act and shall deliver to the board all equipment, supplies, materials, books, papers, records, and facilities pertaining to such powers and duties. Nothing contained herein is intended to prevent the appointment of members of the board, the hiring of an election supervisor, the hiring of clerical staff, or any necessary training for the members of the board, the election supervisor, and clerical assistants.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to create a board of elections and registration for Greene County and to provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; to provide for the qualifications, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for certain expenditures of public funds; to provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for the board's performance of certain functions and duties for municipalities; to provide for related matters; to provide for submission for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes.
This 22nd day of January, 2007.
Greene County Board of Commissioners
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mickey Channell, who on oath deposes and says that he is the Representative from District 116 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Herald Journal which is the official organ of Greene

3608

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

County on January 25, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

s/ MICKEY CHANNELL Mickey Channell Representative, District 116

Sworn to and subscribed before me, this 30th day of January, 2007.

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

Approved May 16, 2007.

COLUMBUS, GEORGIA- REDEVELOPMENT POWERS; REFERENDUM.
No. 79 (House Bill No. 320).
AN ACT
To authorize the consolidated government of Columbus, Georgia, to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 ofTitle 36 ofthe O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The consolidated government of Columbus, Georgia, shall be and is authorized to exercise all redevelopment and other powers under Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended. The intention of this Act is to authorize the consolidated government of Columbus, Georgia, to undertake and carry out community redevelopment, to create tax allocation districts, to issue tax allocation bonds, and to incur other obligations within the meaning of and as fully permitted under the provisions of Article IX, Section II, Paragraph VII(b) ofthe Constitution ofthe State of Georgia of 1983,

GEORGIA LAWS 2007 SESSION

3609

as amended, and to authorize the consolidated government ofColumbus, Georgia, to exercise redevelopment powers as fully as the "Redevelopment Powers Law" may now or hereafter permit and not to limit any redevelopment powers permitted under the "Redevelopment Powers Law."

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent ofthe consolidated government ofColumbus, Georgia, shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the consolidated government of Columbus, Georgia, for approval or rejection. The election superintendent shall conduct that election on a date as determined by the governing authority ofthe consolidated government ofColumbus, Georgia, and as provided under Code Section 21-2-54 ofthe O.C.G .A. and shall issue the call and conduct that election as provided by general law. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of the consolidated government of Columbus, Georgia. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which authorizes the consolidated government of Columbus, Georgia, to exercise redevelopment powers under the
( ) NO 'Redevelopment Powers Law,' as it may be amended from time to time?"
All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section I of this Act shall become of full force and effect immediately. If Section I of this Act is not so approved or if the election is not conducted as provided in this section, Section I of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the consolidated government of Columbus, Georgia. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

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

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

3610

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 2007 session of the General Assembly ofGeorgia a bill to authorize the consolidated government ofColumbus, Georgia, to exercise all redevelopmen 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 automotive repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

This 22nd day of January, 2007.

Representative Calvin Smyre 132nd District

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Calvin Smyre, who on oath deposes and says that he is the Representative from District 132 and further deposes and says that the attached Notice oflntention to Introduce Local Legislation was published in the Columbus Ledger-Enquirer which is the official organ of Muscogee County on January 30, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

s/ CALYIN SMYRE Calvin Smyre Representative, District 132

Sworn to and subscribed before me, this 30th day of January 2007.

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

Approved May 16, 2007.

GEORGIA LAWS 2007 SESSION
COLQUITT COUNTY- STATE COURT; JUDGE; PROHIBIT PRACTICE OF LAW; COMPENSATION.

3611

No. 80 (House Bill No. 349).

AN ACT

To amend an Act creating the State Court of Colquitt County (originally the City Court of Colquitt County and established as the Civil and Criminal Court of Colquitt County by Ga. L. 1968, p. 2139), approved August 7, 1931 (Ga. L. 1931, p. 293), as amended, so as to prohibit the judge of such court from engaging in the practice of law; to provide for the compensation of such judge; to provide for construction and 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 Colquitt County (originally the City Court of Colquitt County and established as the Civil and Criminal Court of Colquitt County by Ga. L. 1968, p. 2139), approved August 7, 1931 (Ga. L. 1931, p. 293), as amended, is amended by adding a new section as follows:
sECTION lOA.

(a) The position ofjudge of the State Court of Colquitt County shall be a full-time position and, as provided in subsection (b) of Code Section 15-7-2lofthe Official Code of Georgia Annotated, the full-time judge of the state court shall not engage in the private practice of law. (b) The judge of said court shall receive an annual salary equal to 70 percent of the gross salary as defined in subsection (c) of this section which shall be payable out of the funds ofColquitt County at the same intervals as installments are paid to other county employees. (c) For the purposes of subsection (b) ofthis section, the term 'gross salary' shall mean the annual salary received by a superior court judge of the Southern Judicial Circuit, from state funds only, effective July 1, 2007, plus any increases in said annual salary for superior court judges, from state funds only, on or after July 1, 2007. (d) Pursuant to Code Section 15-7-22 of the Official Code of Georgia Annotated, the governing authority of Colquitt County is authorized to supplement the compensation established by subsections (b) and (c) of this section. (e) The provisions of this section shall supersede and control over any other provisions to the contrary, including, but not limited to, Section 10 of this Act and Section 3 of an Act approved April4, 1979 (Ga. L. 1979, p. 3191)."

3612

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 2. This Act shall become effective on July I, 2007.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the Regular 2007 Session of the General Assembly of Georgia, a bill to amend an Act creating and establishing the State Court of Colquitt County, (Ga. L. 1968, p. 2139), as amended, so as to prohibit the judge of such court from engaging in the practice of law; to provide for the compensation of such judge; to provide for related matters; to repeal conflicting laws; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. Richard Royal, who on oath deposes and says that he is the Representative from District I 71 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Moultrie Observer which is the official organ of Colquitt County on January 31, 2007, and that the notice requirements of Code Section 28-1-14 have been met.
sf A. RICHARD ROYAL A. Richard Royal Representative, District 171
Sworn to and subscribed before me, this 7th day of February 2007.
sf DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 16, 2007.

GEORGIA LAWS 2007 SESSION
JEFF DAVIS COUNTY- BOARD OF ELECTIONS AND REGISTRATION; CREATION.

3613

No. 81 (House Bill No. 388).

AN ACT

To create a board of elections and registration for Jeff Davis County and provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of its members; to provide for the qualification, terms, and removal of members and for filling vacancies; to provide for oaths and privileges; to relieve certain boards and officers of certain powers and duties and provide for the transfer of functions to the newly created board; to provide for certain expenditures of public funds; to provide for compensation ofmembers ofthe board and personnel; to provide for officers and equipment; to provide for the boards performance ofcertain functions and duties for certain municipalities; to provide for related matters; to provide for submission for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Pursuant to Code Section 21-2-40 of the O.C.G.A., there is created the Jeff Davis County Board of Elections and Registration, herein referred to as "the board." The board shall have the powers, duties, and responsibilities of the judge of the probate court of Jeff Davis County under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," and the powers, duties, and responsibilities of the board of registrars of Jeff Davis County under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."

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

SECTION 3. (a) The board shall be composed of three members, each of whom shall be an elector of Jeff Davis County and shall be appointed as provided in this section. (b) The members of the board shall be selected by the governing authority of Jeff Davis County.

3614

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(c) All appointments to the board shall be promptly certified by the appointing authority of Jeff Davis County to the clerk of the Superior Court of Jeff Davis County. (d) The initial appointees to the board shall take office on July I, 2007. The members appointed by the governing authority of Jeff Davis County shall serve staggered terms of three years each beginning on July I of the year and ending on June 30 of the third year, except that for the first board appointed, one member shall be appointed to serve one year, ending on June 30, 2008; one member shall be appointed for an initial term of two years, ending on June 30, 2009; and one member shall be appointed to serve an initial term of three years, ending on June 30, 2010. As the initial term of each board member expires, a successor board member shall be appointed for a full three-year term. Notwithstanding anything in this Act to the contrary, each member appointed shall serve until his or her respective successor is duly appointed and qualified and takes office. All board appointments shall be made at least 30 days prior to the end of the term of the board member whose term is about to expire. (e) The board of commissioners shall select one board member to serve as chairperson and a second member to serve as vice chairperson, both to serve at the pleasure of the board of commissioners. Such chairperson shall preside over all meetings of the board and shall vote. The vice chairperson shall serve in the absence of the chairperson. (f) A quorum of board members present at any duly held or called meeting shall constitute a quorum for transacting all business before the board. (g) Notwithstanding any provision of this Act to the contrary, board members may be removed for cause by the board of commissioners.

SECTION 4. The Jeff Davis County Board of Commissioners shall select and appoint a person as election supervisor to serve at the pleasure of the board of commissioners. The board of commissioners may appoint the chairperson of the board of elections or any other qualified person to serve as election superintendent. The Jeff Davis County Board of Commissioners shall set the pay and salary of such elections supervisor. The election supervisor or his or her designee shall generally direct and control the administration of the affairs of the board pursuant to law and duly adopted resolutions of the board. The election supervisor shall be supervised by the board of commissioners and shall be deemed to be an at-will employee of the board of commissioners subject to removal at any time, with or without cause, by the board ofcommissioners ofJeffDavis County. The board ofcommissioners may also appoint an assistant election supervisor who shall carry out the duties of the election supervisor in the absence of such person.

SECTION 5. Each member of the board shall:
(I) Be eligible to be reappointed to succeed himself or herself;

GEORGIA LAWS 2007 SESSION

3615

(2) Have the right to resign at any time by giving written notice of his or her resignation to the governing authority of Jeff Davis County; and (3) Serve until his or her successor is appointed and qualified and takes office.

SECTION 6. (a) The appointing authority shall certify the appointment of each member of the board by filing an affidavit with the clerk of the superior court no later than 30 days preceding the date upon which such members are to take office, stating the name and residential address of the person appointed and certifying such member has been duly appointed as provided in this
Act. (b) The clerk of the superior court shall record each of such certifications on the minutes of the superior court and shall certify the name ofeach such appointed member to the Secretary of State and provide for the issuance of appropriate commissions to the members within the same time and in the same manner as provided by law for registrars.

SECTION 7. (a) In the event a vacancy occurs in the office of any member of the board by removal, death, resignation, or otherwise, except by expiration of term, the board of commissioners shall appoint a successor for the remainder of the unexpired term as provided for in Section 3 ofthis Act. The clerk of the superior court shall be notified ofsuch interim appointments and record and certify such appointments in the same manner as the regular appointment of members. (b) Before entering upon his or her duties, each member of the board shall take substantially the same oath as required by law for registrars. Each member of the board shall have the same privileges from arrest as registrars.

SECTION 8. The first members of the board under this Act shall be appointed as provided in this Act to take office on July 1, 2007. The board shall take no official action until all members have been certified to the clerk of the Superior Court of Jeff Davis County.

SECTION 9. (a) No person who holds elective public office shall be eligible to serve as member of the board during the term of such elective office, and the position of any member of the board shall be deemed vacant upon such member's qualifying as a candidate for elective public office. (b) Members of the board must be residents of Jeff Davis County and must have been registered voters in Jeff Davis County for a period of at least one year prior to the date of appointment to the board.

3616

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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

SECTION 11. (a) The board shall be authorized and empowered to organize itself, determine its procedural rules and regulations, adopt bylaws, specify functions and duties of its employees, and otherwise take such action as is appropriate to the management of its affairs; provided, however, than no such action shall conflict with state law. (b) Action and decision by the board shall be by a majority of the members of the board.

SECTION 12. (a) The board shall fix and establish, by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. The board shall hold meetings at the county courthouse or at the place of meeting of the commissioners. Any specially called meetings held pursuant to the bylaws adopted by the board shall be held only after notification of the time and place of the holding of such special meeting has been communicated in writing to the election supervisor to provide public notice of the meeting as required by law. All meetings of whatever kind of the board shall be conducted pursuant to Chapter 14 of Title 50 of the O.C.G.A. (b) The board shall maintain a written record of policy decisions amended to include additions or deletions. Such written records shall be available for the public to review pursuant to Article 4 of Chapter 18 of Title 50 of the O.C.G .A.

SECTION 13. Compensation for the members of the board shall be fixed by the board of commissioners, to be payable from the general revenues of Jeff Davis County.

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

GEORGIA LAWS 2007 SESSION

3617

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

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

SECTION 17. As soon as practicable, the board of registrars of Jeff Davis County shall deliver to the board all equipment, supplies, materials, books, papers, records, and facilities pertaining to such powers and duties and thereafter shall be relieved ofall powers and duties to which the board succeeds by the provisions of this Act. Nothing contained in this Act is intended to prevent the appointment of members of the board, hiring of an elections supervisor, hiring of clerical staff, or any necessary training for the members of the board, the election supervisor, and clerical assistants prior to July I, 2007.

SECTION 18. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval for purposes of making initial appointments to the board only. This Act shall become fully effective on July 1, 2007, or upon receiving preclearance approval under Section 5 of the federal Voting Rights Act of 1965, whichever occurs later.

SECTION 19. 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 2007 session of the General Assembly of Georgia a bill to create a board of elections for Jeff Davis County; to provide for all related matters; and for other purposes.
This 23rd day of January, 2007.
Representative Tommy Smith I68th District

3618

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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 oflntention to Introduce Local Legislation was published in the Jeff Davis Ledger which is the official organ of Jeff Davis County on January 24, 2007, and that the notice requirements ofCode Section 28-1-14 have been met.

sf TOMMY SMITH Tommy Smith Representative, District 168

Sworn to and subscribed before me, this 6th day of February 2007.

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

Approved May 16, 2007.

CITY OF BRUNSWICK- CITY COMMISSION; ELECTION.
No. 82 (House Bill No. 411).
AN ACT
To amend an Act providing a new charter for the City of Brunswick, approved April4, 1991 (Ga. L. 1991, p. 3911 ), as amended, so as to change certain provisions relating to nomination ofcandidates; to provide for submission for preclearance under the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal a specific Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

GEORGIA LAWS 2007 SESSION

3619

SECTION 1. An Act providing a new charter for the City of Brunswick, approved April 4, 1991 (Ga. L. 1991, p. 3911 ), as amended, is amended by striking Section 2.14 and inserting in lieu thereof the following:

"SECTION 2.14. Each candidate for election to the commission shall qualify by submitting his or her notice of candidacy and paying the qualifying fee in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.' No political party shall conduct primaries for the purpose of nominating candidates nor shall nominating petitions be required."

SECTION 2. The governing authority of the City of Brunswick 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 becomes effective.

SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 4. An Act to amend an Act providing a new charter for the City of Brunswick, so as to change certain provisions relating to nomination of candidates, approved May 3, 2006 (Ga. L. 2006, p. 4008), is repealed.

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 2007 session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Brunswick, approved April 4, 1991 (Ga. L. 1991, p. 3911), as amended; and for other purposes.
This 25 day of January, 2007.
Jerry Keen

3620

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jerry Keen, who on oath deposes and says that he is the Representative from District 179 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 1, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

s/ JERRY KEEN Jerry Keen Representative, District 179

Sworn to and subscribed before me, this 12th day of February 2007.

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

Approved May 16,2007.

BANKS COUNTY- BOARD OF COMMISSIONERS; COMPENSATION.
No. 83 (House Bill No. 473).
AN ACT
To amend an Act creating the Banks County board of commissioners, approved August 19, 1916 (Ga. L. 1916, p. 349), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4532), and an Act approved April 14, 1997 (Ga. L. 1997, p. 4166), so as to change the compensation of the chairperson and other members of the board of commissioners; 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:

GEORGIA LAWS 2007 SESSION

3621

SECTION 1. An Act creating the Banks County board of commissioners, approved August 19, 1916 (Ga. L. 1916, p. 349), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4532), and an Act approved April 14, 1997 (Ga. L. 1997, p. 4166), is amended by revising subsections (a) and (b) of Section 8 as follows:
'(a) Effective January 1, 2009, the chairperson of the board of commissioners shall be compensated by an annual salary of $60,000.00. (b) Effective January I, 2009, each other member of the board of commissioners shall be compensated by an annual salary of $15,000.00.'

SECTION 2. This Act shall become effective on January 1, 2009.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 2007 session of the General Assembly of Georgia local legislation regarding adjustments to the salaries of the elected Banks County Commissioners.
This 8th day of January, 2007.
Jeannette Jamieson, Representative District 22
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 January I 0, 2007, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JEANETTE JAMIESON Jeanette Jamieson Representative, District 28

3622

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Sworn to and subscribed before me, this 15th day of February 2007.

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

Approved May 16, 2007.

CITY OF ARLINGTON- COMPREHENSIVE REVISION OF CHARTER.
No. 84 (House Bill No. 496).
AN ACT
To amend an Act reincorporating the City of Arlington in the County of Calhoun and Early, State of Georgia, approved April 10, 1971 (Ga. L. 1971, p. 3885), as amended, so as to extensively revise said charter; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions,-conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a mayor and mayor pro tempore and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide 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 provide for effective dates; to repeal conflicting laws; and for other purposes.

GEORGIA LAWS 2007 SESSION BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

3623

SECTION 1. An Act reincorporating the City of Arlington in the County of Calhoun and Early, State of Georgia, approved April 10, 1971 (Ga. L. 1971, p. 3885), as amended, is amended by striking Articles I through VII and inserting in lieu thereof the following:

"ARTICLE I INCORPORATION AND POWERS
SECTION 1.10. Name.

This city and the inhabitants thereofare reincorporated by the enactment ofthis charter and are constituted and declared a body politic and corporate under the name and style Arlington, 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 earliest 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 City of Arlington city hall and to be identified by the city clerk as 'Official Map of the corporate limits of the City of Arlington, Georgia.' Photographic, typed, or other copies of such map or description certified by the City of Arlington 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.

3624

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(c) The powers of the city shall include, but not be limited to, the following: (I) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of the same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted 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 municipalities by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (3) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; and to regulate all housing and building trades; (4) Business regulation and taxation. To levy and to provide for collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G .A. or such other applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees; (5) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures provided by the O.C.G.A. as the same shall exist from time to time; (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 without the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (8) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of the city through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management ofsolid and hazardous waste, and other necessary actions for the protection of the environment; (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; (1 0) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations

GEORGIA LAWS 2007 SESSION

3625

residing in or doing business in the city benefiting from such services or to whom such services are available; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (II) 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 given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city; to provide for commitment of such persons to any jail; or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (15) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city; (16) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies 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, option, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (19) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose ofpublic utilities, including but not limited to a system of waterworks, sewers and drains, sewage 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;

3626

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(22) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (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 ofpublic ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; and to provide any other public improvements, inside or outside the corporate limits of the city; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under procedures provided by the O.C.G.A. as the same shall exist from time to time; (27) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (28) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (29) Public utilities and services. To grant franchises or make contracts for or impose taxes on public utilities and public service companies and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Georgia Public Service Commission; (30) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (31) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (32) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, provide drainage for, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for

GEORGIA LAWS 2007 SESSION

3627

the use ofpublic utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (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 sanitary sewage disposal plant and sewerage system and to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system; (34) Solid waste disposal. To provide for the collection and disposal ofgarbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; (35) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use oflighting and heating equipment, and any other business or situation which the city may deem to be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows ofany kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (37) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (38) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; (39) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (40) Urban redevelopment. To organize and operate an urban redevelopment program; and (41) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated in this charter; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws ofthe State of Georgia;

3628

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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

SECTION 1.13. Exercise of powers.

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

ARTICLE II GOVERNMENT STRUCTURE
SECTION 2.10. City council creation; number; election.

The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and six 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. The mayor and councilmembers serving on the effective date of this charter shall continue to serve for the remainder of their terms and until their successors are duly elected and qualified.

SECTION 2.11. City councilmembers; terms and qualifications for office.

The members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the city for one year prior to the date of the election of mayor or members of the city council; each person holding city office shall continue to reside therein during that person's period of service and to be registered and qualified to vote in municipal elections of this city.

GEORGIA LAWS 2007 SESSION
SECTION 2.12. Vacancy and filling of vacancies.

3629

(a) Vacancies - The office of mayor or councilmember shall become vacant upon the occurrence of any event specified by the Constitution of Georgia, Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted. (b) Filling of vacancies- A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, by appointment by the remaining councilmembers if less than six months remain in the unexpired term, otherwise by an election as provided for in Section 5.14 of this charter and Titles 21 and 45 of the O.C.G .A. or such other laws as are or may hereafter be enacted; provided, however, that such office shall also become vacant upon the unexcused absence of the officeholder from four consecutive regularly scheduled meetings of the city council. Excused absences shall be granted only by vote of the remaining city councilmembers and mayor as provided in Section 2.21 of this charter and shall be entered upon the minutes of the council meeting.

SECTION 2.13. Compensation and expenses.

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

SECTION 2.14. Holding other office; voting when personally interested.

(a) Elected and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. (b) Neither the mayor nor any councilmember shall vote upon, sign, or veto any ordinance, resolution, contract, or other matter in which that person is financially interested.

SECTION 2.15. Inquiries and investigations.

Following the adoption of an authorizing resolution, the 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 ofevidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as provided by ordinance.

3630

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2.16. General power; 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 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 at the first regularly scheduled meeting in January following the election as provided in Section 5.11 of this charter. The meeting shall be called to order by the city clerk and the oath of office shall be administered to the newly elected members as follows:
'I do solemnly swear or affirm that I will properly perform the duties of the office of _ _ _ _ _ _ in and for the City of Arlington, to the best of my knowledge, skill, and ability; that I am not the holder of any unaccounted for public money due to the State of Georgia or any political subdivision or authority thereof; that I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state, which I am by the laws of the State of Georgia prohibited from holding; that I am qualified to hold the office which I am about to enter according to the Constitution and laws of Georgia; that I will support the Constitution of the United States and the State of Georgia; that I have been a resident of the post from which elected and the City of Arlington for the time required by the Constitution and laws of the State of Georgia and the charter of the City of Arlington, so help me God.'

GEORGIA LAWS 2007 SESSION
SECTION 2.19. Meetings.

3631

(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 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 ofthe 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 of procedure.

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

SECTION 2.21. Quorum; voting.

Four councilmembers other than the mayor or the mayor and three councilmembers shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of four councilmembers or three councilmembers and the mayor shall be required for the adoption of any ordinance, resolution, or motion. The mayor shall vote only in the event of a tie or when an affirmative or negative vote of the mayor constitutes

3632

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

a majority of four votes. An abstention shall not be counted as either an affirmative or negative vote.

SECTION 2.22. Ordinance form; procedures.

(a) Every proposed ordinance should be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be 'It is hereby ordained by the governing authority of the City of Arlington ...' and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting ofthe city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided for in Section 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 or three councilmembers and may promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least three councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted,

GEORGIA LAWS 2007 SESSION

3633

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 2.21 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.26 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 Arlington, 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

3634

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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 mayor shall forfeit the office of mayor on the same grounds and under the same procedure as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers.

SECTION 2.28. Chief executive officer; delegation of powers.

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

SECTION 2.29. Powers and duties of mayor.

As the chief executive of this city, the mayor shall: ( 1) See that all laws and ordinances of the city are faithfully executed; (2) Exercise supervision over all executive and administrative work of the city and over all employees and departments of the city and provide for the coordination of administrative activities; (3) Prepare and submit to the councilmembers a recommended operating budget and capital budget; (4) 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; (5) 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;

GEORGIA LAWS 2007 SESSION

3635

(6) Call special meetings of the councilmembers as provided for in subsection (b) of Section 2.19 of this charter; (7) Preside at all meetings of the city council and vote only in the event of a tie or when an affirmative or negative vote by the mayor constitutes a majority of four votes; (8) Provide for an annual audit of all accounts of the city; (9) Require any department or agency of the city to submit written reports whenever the mayor deems it expedient; and (10) Perform such other duties as may be required by law, this charter, or ordinance.

SECTION 2.30. 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. The mayor pro tempore shall vote as a member of the city council at all times when serving as provided in this section.

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 mayor, be responsible for the administration and direction of the affairs and operations of that director's department or agency. (e) All appointed officers, directors, and department heads under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the city council. All appointed officers, directors, and department heads shall be employees at will and subject to removal or suspension at any time by the mayor unless otherwise provided by law or ordinance.

3636

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 3.11. Boards, commissions, and authorities.

(a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The city council by ordinance may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed in this charter for original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until that person has executed and filed with the clerk of the city an oath obligating that person to perform faithfully and impartially the duties of that person's office, such oath shall be prescribed by ordinance and administered by the mayor. (g) All members of boards serve at will and may be removed at any time by a vote of three by the 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 city council shall appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for providing for the representation and defense of the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the city council

GEORGIA LAWS 2007 SESSION

3637

as directed; shall advise the city council and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of such person's position as city attorney.

SECTION 3.13. City clerk.

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

SECTION 3.14. Personnel policies.

All employees serve at will and may be removed from office at any time unless otherwise provided by ordinance.

ARTICLE IV JUDICIAL BRANCH
SECTION 4.10. Creation; name.

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

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 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 of the city council journal required in Section 2.20 of this charter.

3638

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 4.12. Convening.

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

SECTION 4.13. Jurisdiction; powers.

(a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 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 casemaking 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 ofthose 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 that person's appearance and shall fail to appear at the time fixed for trial, that person's bond shall be forfeited by the judge presiding at such time and an execution issued thereon by serving the defendant and the defendant's sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city, or the property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the

GEORGIA LAWS 2007 SESSION

3639

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 ofa judge ofthe Superior Court of Calhoun County under the laws ofthe 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. Indigent defense and prosecutor.

(a) The mayor and city council shall have the authority to provide for a solicitor for the municipal court and to provide for the defense of indigent persons before the court charged with violations of state laws and municipal ordinances. The expense of such prosecution and defense may be paid in whole or in part from funds received as provided in subsections (b) and (c) of this section. (b) In every case in the municipal court in which the court imposes a fine for a violation of a state law or a city ordinance, a fee may be imposed for purposes of subsection (a) of this section. (c) At the time of posting bail or bond in any case before the municipal court, an additional sum shall be posted, and in every case in which the court orders the forfeiture of bail or bond, the additional sum posted shall be distributed for use as provided in subsection (a) ofthis section.

3640

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. Regular elections; time for holding.

Beginning in 2007 and every four years thereafter, on the Tuesday next following the first Monday inNovember there shall be an election for the mayor and the councilmembers for Posts 1, 2, and 3. Beginning in 2009 and every four years thereafter, on the Tuesday next following the first Monday in November there shall be an election for the councilmembers for Posts 4, 5, and 6. The terms of office shall begin at the organizational meeting as provided in Section 2.18 of this charter.

SECTION 5.12. Nonpartisan elections.

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

SECTION 5.13. Election by majority vote.

The mayor and councilmembers shall be elected by a majority vote of the votes cast for each position.

SECTION 5.14. Special elections; vacancies.

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

GEORGIA LAWS 2007 SESSION
SECTION 5.15. Other provisions.

3641

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,' as now or hereafter amended.

SECTION 5.16. Removal of officers.

(a) A councilmember, the mayor, or other appointed officers provided for in this charter shall be removed from office for any one or more of the causes provided in Title 45 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted. (b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods:
(1) Following a hearing at which an impartial panel shall render a decision. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. The city council shall provide by ordinance for the manner in which such hearings shall be held. Any elected officer sought to be removed from office as provided in this section shall have the right of appeal from the decision of the city council to the Superior Court of Calhoun County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By an order of the Superior Court of Calhoun County following a hearing on a complaint seeking such removal brought by any resident of the City of Arlington.

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.

3642

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 6.11. Millage rate; due dates; payment methods.

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

SECTION 6.12. Occupation and business taxes.

The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. The city council may classify businesses, occupations, or professions for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter.

SECTION 6.13. Licenses; permits; fees.

The city council by ordinance shall have the power to require businesses or practitioners doing business in this city to obtain a permit for such activity from the city and pay a reasonable regulatory fee for such permit as provided by general law. Such fees shall reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter.

SECTION 6.14. Franchises.

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

GEORGIA LAWS 2007 SESSION

3643

street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations.

SECTION 6.15. Service charges.

The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available within and outside the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.

SECTION 6.16. Special assessments.

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

SECTION 6.17. Construction; other taxes.

This city shall be empowered to levy any other tax or fee allowed now or hereafter by law, and the specific mention 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 6.1 7 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi. fas.; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking city permits for failure to pay any city taxes or fees; and providing for the assignment or transfer of tax executions.

3644

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 6.19. General obligation bonds.

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

SECTION 6.20. Revenue bonds.

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

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 ofgoods, 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.

GEORGIA LAWS 2007 SESSION
SECTION 6.24. Budget ordinance.

3645

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

SECTION 6.25. Operating budget.

On or before a date fixed by the city council but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and other pertinent comments and information. The operating budget and the capital budget provided for in 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 councilmembers may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than July I of each year. If the city council fails to adopt the budget by said date, the amounts appropriated for operation for the then current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.24 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or

3646

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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

SECTION 6.27. Levy of taxes.

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

SECTION 6.28. Changes in appropriations.

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

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 auditing principles. Any audit of any funds by the state or federal governments may be accepted as satisfying the requirements of this charter. Copies of annual audit reports shall be available at printing costs to the public.

SECTION 6.30. Procurement and property management.

No contract with the city shall be binding on the city unless: (I) It is in writing; (2) It is drawn by or submitted and reviewed by the city attorney and, as a matter of course, is signed by the city attorney to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 2.19 of this charter.

GEORGIA LAWS 2007 SESSION
SECTION 6.31. Purchasing.

3647

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

ARTICLE VII GENERAL PROVISIONS
SECTION 7.10. Bonds for officials.

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

3648

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 7.11. Prior ordinances.

All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent with this charter are 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 180 days before or during which time the existing city council shall pass a transition ordinance detailing the changes in personnel and appointed officers required or desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition.

SECTION 7.13. Pending matters.

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

SECTION 7.14. Construction and definitions.

(a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word 'shall' is mandatory and the word 'may' is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa.

SECTION 7.15. Severability.

If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect nor 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,

GEORGIA LAWS 2007 SESSION

3649

it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence, or part thereof be enacted separately and independent of each other.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 2006 session ofthe General Assembly ofGeorgia a bill to amend an Act creating a new charter for the City of Arlington, approved April I 0, 1971 (Ga. L. 1971, p. 3885), as amended; and for other purposes.
This 14th day of February, 2007.
Representative Gerald Greene I49th 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 oflntention to Introduce Local Legislation was published in the Albany Herald which is the official organ of Calhoun County on February 15,2007, and that the notice requirements ofCode Section 28-1-14 have been met.
s/ GERALD E. GREENE Gerald E. Greene Representative, District 149
Sworn to and subscribed before me, this 20th day of February 2007.
sf DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 16, 2007.

3650

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

EFFINGHAM COUNTY- EFFINGHAM COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY; APPLICATION OF ZONING ORDINANCES.

No. 85 (House Bill No. 543).

AN ACT

To amend an Act entitled "An Act to further define and prescribe the powers and duties of the Effingham County Industrial Development Authority," approved March 18, 1986 (Ga. L. 1986, p. 3873), as amended, so as to provide that the authority shall be subject to county zoning ordinances; 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 further define and prescribe the powers and duties of the Effingham County Industrial Development Authority," approved March 18, 1986 (Ga. L. 1986, p. 3873), as amended, is amended by inserting immediately following Section 3 a new Section 3A to read as follows:

"Section 3A. The authority shall be subject to all county and municipal zoning ordinances and procedures."

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 2007 session of the General Assembly of Georgia a bill to amend an Act entitled "An Act to further define and prescribe the powers and duties ofthe Effingham County Industrial Development Authority," approved March 18, 1986 (Ga. L. 1986, p. 3873), as amended; and for other purposes.
This 6th day of February, 2007.
Earl L. "Buddy" Carter Representative Earl "Buddy" Carter !59th District

GEORGIA LAWS 2007 SESSION GEORGIA, FULTON COUNTY

3651

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 of Intention to Introduce Local Legislation was published in the Effingham Herald which is the official organ of Effingham County on February 13, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

s/ EARL L. CARTER EarlL. Carter Representative, District I 59

Sworn to and subscribed before me, this 20th day of February 2007.

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

Approved May 16,2007.

CITY OF VIDALIA- HOMESTEAD EXEMPTION; CITY TAXES; BASE YEAR; REFERENDUM.
No. 86 (House Bill No. 576).
AN ACT
To provide for a homestead exemption from City of Vidalia ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for 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:

3652

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 1. (a) As used in this Act, the term:
(1) "Ad valorem taxes for municipal purposes" means all municipal ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Vidalia, including, but not limited to, ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Base year" means:
(A) Except as otherwise provided in subparagraph (B) of this paragraph, the taxable year immediately preceding the taxable year in which the exemption under this Act is first granted to the most recent owner of such homestead; or (B) With respect to any person who applies for and is granted the homestead exemption under this Act for the 2008 tax year, the base year assessed value of the homestead shall be the 2004 assessed value of the homestead. (3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended, with the additional qualification that it shall include not more than five contiguous acres of homestead property. (b) Each resident of the City of Vidalia is granted an exemption on that person's homestead from City of Vidalia ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value of that homestead. This exemption shall not apply to taxes assessed on improvements to the homestead or additional land that is added to the homestead after January 1 of the base year. If any real property is added to or removed from the homestead, the base year assessed value shall be adjusted to reflect such addition or removal and the exemption shall be recalculated accordingly. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or persons agent files an application with the governing authority of the City of Vidalia, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority ofthe City of Vidalia, 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 Vidalia, 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 Vidalia, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption.

GEORGIA LAWS 2007 SESSION

3653

(e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January I, 2008.

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Vidalia 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 Vidalia for approval or rejection. The municipal election superintendent shall conduct that election on the Tuesday after the first Monday inNovember, 2007, and shall issue the call and conduct that election as provided by general law. The municipal superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Toombs County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act be approved which provides a homestead exemption from City of Vidalia ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead?"

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 ofthis Act shall become of full force and effect on January I, 2008. 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 Vidalia. 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.

3654

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 regulr 2007 session of the General Assembly of Georgia a bill to provide a homestead exemption from City of Vidalia ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

This 2nd day of February, 2007.

Representative Greg Morris !55th District

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Greg Morris, who on oath deposes and says that he is the Representative from District !55 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Advance Progress which is the official organ of Toombs County on February 14, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

s/ GREG MORRIS Greg Morris Representative, District !55

Sworn to and subscribed before me, this 22nd day of February 2007.

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

Approved May 16, 2007.

GEORGIA LAWS 2007 SESSION

3655

BULLOCH COUNTY- CORONER; COMPENSATION AND EXPENSES.

No. 87 (House Bill No. 615).

AN ACT

To amend an Act placing the coroner of Bulloch County on a salary basis, approved April4, 1967 (Ga. L. 1967, p. 2524), as amended, particularly by an Act approved March 9, 1989 (Ga. L. 1989, p. 3622), so as to change certain provisions relating to compensation and expenses of the coroner; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION I. An Act placing the coroner of Bulloch County on a salary basis, approved April 4, 1967 (Ga. L. 1967, p. 2524), as amended, particularly by an Act approved March 9, 1989 (Ga. L. 1989, p. 3622), is amended by revising Section 1 to read as follows:

"SECTION 1. Unless otherwise provided by general law, the coroner of Bulloch County is placed on a salary basis for all of his or her services and shall be compensated in the amount of $5,000.00 per annum to be paid in equal monthly installments from the funds of Bulloch County. In addition to providing reasonable and necessary expenses for the operation of the coroner's office as allowed by general law, the governing authority of Bulloch County is also authorized to provide the coroner with a travel allowance in an amount deemed appropriate by the governing authority."

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to amend an Act relating to the Coroner of Bulloch County, approved April4, 1967 (Ga. L. 1967, p. 2524), as amended, particularly by an Act approved March 9, 1989 (Ga. L. 1989, p. 3622), so as to change provisions concerning the compensation and expenses of the coroner; to provide an effective date; to repeal conflicting laws; and for other purposes.

3656

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

This 15th day of February, 2007.

Hon. Robert E. Lane Representative 158th 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 158 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Statesboro Herald which is the official organ of Bulloch County on February 15, 2007, 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 February 2007.

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

Approved May 16, 2007.

MCINTOSH COUNTY- COUNTY MANAGER; APPOINTMENT; DUTIES, POWERS, AND QUALIFICATIONS; VACANCIES.
No. 88 (House Bill No. 616).
AN ACT
To amend an Act to form a board of commissioners for the County of Mcintosh, approved February 26, 1876 (Ga. L. 1876, p. 2839), as amended, so as to provide for a county manager; to provide for appointment; to provide for the duties, powers, and qualifications

GEORGIA LAWS 2007 SESSION

3657

of the county manager; to provide for vacancies in the office of county manager; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to form a board of commissioners for the County of Mcintosh, approved February 26, 1876 (Ga. L. 1876, p. 2839), as amended, is amended by adding a new section to read as follows:

"SECTION 3.1. (a) Pursuant to Code Section 36-5-22 of the Official Code of Georgia Annotated, there is created the office of county manager for Mcintosh County. The county manager shall be the chief administrative officer and head of the administrative branch of the county government. The county manager shall be responsible for the efficient administration of all county departments. (b) The county manager shall be appointed by a majority vote of the board of commissioners of Mcintosh County who shall determine and prescribe his or her compensation and term of office. Said board of commissioners may contract with the county manager on such terms as it may deem reasonable and prudent. No member of the board of commissioners shall be appointed county manager on either a permanent or interim basis during the term of office for which he or she is elected or for a period of one year after terminating his or her office as a commissioner of Mcintosh County. (c) The county manager shall devote all of his or her working time and attention to the affairs ofthe county and shall be responsible to the board ofcommissioners for the efficient administration of all of the affairs of the county over which the county manager has jurisdiction. The powers and duties of the county manager shall be:
(1) To see that all laws, county codes, and ordinances are enforced; (2) To appoint all department heads with the approval of the board of commissioners; (3) To appoint and remove all subordinate officers and employees in all departments; (4) To exercise control over all departments and divisions created therein or which may hereafter be created by the board of commissioners; (5) To attend all meetings of the board of commissioners with the right to take part in all discussions but having no vote; (6) To recommend to the board of commissioners such measures for adoption which he or she may deem necessary and expedient; (7) To prepare and submit to the board of commissioners an annual budget; (8) To keep the board of commissioners fully advised as to the financial condition and needs of the county; (9) To supervise and direct the official conduct of all county officers and employees except as otherwise provided in this Act;

3658

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(10) To supervise the performance of all contracts made by any person for work done for the county, to make all purchases of materials and supplies for the county, and to see that the same are received as contracted for; and (I 1) To perform such other duties as may be prescribed in this Act or required of the county manager by ordinance or resolution of the board of commissioners. (d) The county manager shall not have administrative or supervisory authority over the employees of the elected county officers of Mcintosh County unless the board of commissioners of Mcintosh County by ordinance implements a civil service system for county employees pursuant to the provisions of Code Section 36-1-21 ofthe O.C.G .A. and such county officer chooses to opt into the civil service system pursuant to the provisions of subsection (b) of Code Section 36-1-21 of the O.C.G.A. (e) In the event of a vacancy in the office of county manager, the board of commissioners shall expeditiously proceed with due diligence to appoint an interim county manager. In no such event shall the board of commissioners allow the office of county manager to remain vacant for a period in excess of four weeks from the date said office became vacant. Specifically, the board of commissioners shall, at the least, fill any vacancy in the office of county manager with an interim county manager within four weeks from the date of vacancy. Furthermore, the board of commissioners shall advertise for the permanent position of county manager at the first opportunity upon vacancy of the office of county manager."

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to amend an Act to form a board of commissioners for the County of Mcintosh, approved February 26, 1876 (Ga. L. 1876, p. 2839); and for other purposes.
This 13th day of February, 2007.
Roger B. Lane Representative Roger B. 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

GEORGIA LAWS 2007 SESSION

3659

District 167 and further deposes and says that the attached Notice oflntention to Introduce Local Legislation was published in the Darrien News which is the official organ of Mcintosh County on February 22,2007, and that the notice requirements ofCode Section 28-1-14 have been met.

s/ ROGER B. LANE Roger B. Lane Representative, District 167

Sworn to and subscribed before me, this 27th day of February 2007.

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

Approved May 16,2007.

CITY OF FOREST PARK- REDEVELOPMENT POWERS; REFERENDUM.
No. 89 (House Bill No. 635).
AN ACT
To authorize the City of Forest Park to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The City of Forest Park 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 Forest Park 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

3660

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

provisions of Article IX, Section II, Paragraph VII(b) of the Constitution of the State of Georgia of 1983, as amended, and to authorize the City of Forest Park 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 Forest Park shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Forest Park for approval or rejection. The municipal election superintendent shall conduct that election on a practicable date in 2007 authorized under Code Section 21-2-540 of the O.C.G.A.; provided, however, that if the conducting of the election under this Act on earlier authorized dates is impracticable, then the municipal election superintendent shall conduct the election under this Act on the Tuesday after the first Monday in November, 2007, 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 Clayton County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which authorizes Forest Park to exercise redevelopment powers under the 'Redevelopment Powers Law' as it may be
( ) NO 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 Forest Park. 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 2007 SESSION

3661

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to authorize the City of Forest Park, Georgia to have and be authorized to exercise all redevelopment and other powers authorized for and granted to political subdivisions pursuant to the"Redevelopment Powers Law," Official Code of Georgia Section 36-44-1 et seq., as the same now exists or as it may be hereafter amended, and to provide for such powers; to provide for a referendum as provided for therein, and for
other purposes.

This 19th day of January, 2007.

John Parker, City Manager City of Forest Park, Georgia

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Celeste Johnson, who on oath deposes and says that she is the Representative from District 75 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the News Daily which is the official organ of Clayton County on February 2, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

s/ CELESTE JOHNSON Celeste Johnson Representative, District 75

Sworn to and subscribed before me, this 27th day of February 2007.

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

Approved May 16, 2007.

3662

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

DAWSON COUNTY- BOARD OF EDUCATION; ESTABLISHMENT OF COMPENSATION; EXPENSES; INSURANCE.

No. 90 (House Bill No. 684).

AN ACT

To amend an Act to provide for an elected Board of Education of Dawson County, approved March 23, 1977 (Ga. L. 1977, p. 3529), as amended, so as to provide that the members of such board of education shall be authorized to establish the compensation of the members of such board; to provide for public meetings; to provide for the reimbursement of expenses; to provide that the members of such board may participate in a school district insurance plan; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to provide for an elected Board ofEducation of Dawson County, approved March 23, 1977 (Ga. L. 1977, p. 3529), as amended, is amended by adding a new section to read as follows:

0 SECTION 6.1. The board members shall receive the per diem and expense reimbursement provided for under O.C.G.A. Section 20-2-55. Any increase or change in compensation may be determined by the Board of Education of Dawson County after holding two separate public meetings to be scheduled to begin between 7:00 P.M. and 8:00 P.M. Any increase or change in compensation for members of the board shall be implemented July 1 of the following fiscal year. Additionally, each member of the board of education shall be entitled to be reimbursed for actual expenses necessarily incurred in connection with travel outside of the county on official business of the board of education, including, but not limited to, attending training sessions or state-wide meetings; provided, however, that this travel is authorized by a majority vote of the members of the board of education prior to such travel. All expenses shall be approved and verified prior to reimbursement in such manner as may be specified by the board. Each board member shall be entitled to participate in any school district group insurance plan to the extent authorized in O.C.G.A. Section 20-2-55.0

SECTION 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.

GEORGIA LAWS 2007 SESSION
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

3663

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to amend an Act to provide for an elected Board of Education of Dawson County, approved March 23, 1977 (Ga. L. 1977, p. 3529), as amended; and for other purposes.
This 21st day of February, 2007.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Amos Amerson, who on oath deposes and says that he is the Representative from District 9 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Dawson News & Advertiser which is the official organ of Dawson County on February 21, 2007, and that the notice requirements of Code Section 28-1-14 have been met.
sf AMOS AMERSON Amos Amerson Representative, District 9
Sworn to and subscribed before me, this 1st day of March 2007.
sl DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 16, 2007.

3664

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

GREENE COUNTY~ CERTAIN OFFICIALS ELIGIBLE TO CONTINUE PARTICIPATION IN HEALTH INSURANCE AFTER LEAVING OFFICE OR EMPLOYMENT.

No. 91 (House Bill No. 675).

AN ACT

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

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Members ofthe Board ofCommissioners of Greene County; the Clerk ofthe Superior Court of Greene County; the Judge of the Probate Court of Greene County; the Sheriff of Greene County; the Tax Receiver, Tax Collector, and Tax Commissioner of Greene County; the Coroner ofGreene County; the ChiefMagistrate ofGreene County; and all full-time officers and employees of Greene County shall be entitled after leaving office to continue to participate in and be covered by the health insurance plan provided by the county for county officers and employees, provided that such officer or employee must have served at least 15 consecutive years in such office or employment and provided, further, that he or she pays the total costs of such participation including both the employee and employer premiums associated with such participation. The provisions of this Act shall apply only to full-time officials and employees and shall attach regardless of the reason for separation from service.

SECTION 2. All laws and part 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 2007 session of the General Assembly of Georgia a bill to provide for health insurance coverage for full-time county employees and Constitutional Officers of Greene County who have served at least 15 years as employees or in Office may, upon leaving employment or Office regardless of the basis for such separation, continue to participate in the county health insurance program by paying the total cost of such participation; to provide for related matters; to repeal conflicting laws; and for other purposes.

GEORGIA LAWS 2007 SESSION This 27th day of February, 2007.

3665

Greene County Board of Commissioners

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mickey Channell, who on oath deposes and says that he is the Representative from District 116 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Herald-Journal which is the official organ of Greene County on March 1, 2007, and that the notice requirements of Code Section 28-1-14 have
been met.

s/ MICKEY CHANNELL Mickey Channell Representative, District 116

Sworn to and subscribed before me, this 5th day of March 2007.

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

Approved May 16, 2007.

CARROLL COUNTY- COUNTY MANAGER; ADVISORY REFERENDUM.
No. 92 (House Bill No. 677).
AN ACT
To provide for an advisory referendum election to be held in Carroll County for the purpose of determining whether the county governing authority should employ a county manager to conduct the daily business of the county; to provide for the question of whether such a system, if adopted, should include a full-time or part-time chairperson of the county commission; to provide that if the electors approve the employment of a county manager, the county commission shall vote on a resolution requesting the Carroll County legislative

3666

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

delegation to implement the suggestions; to provide that, if such vote is unanimous, the county commission shall transmit a copy of such resolution to each member of the Carroll County legislative delegation; to provide for a declaration of public purpose; to provide for the submission of this Act to the United States Department of Justice for preclearance; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Carroll County shall call and conduct an election as provided in this section for the purpose of submitting an advisory question to the voters of Carroll County. The election superintendent shall conduct that election on the Tuesday next following the first Monday in November, 2007, 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 Carroll County. The ballot shall have written or printed thereon the words:
"( ) YES Do you favor the employment of a county manager to conduct the daily ( ) NO business of Carroll County?"

"( ) PART-TIME ( ) FULL-TIME

If a county manager is employed to conduct the daily business of Carroll county, should the position of chairperson of the Carroll County Board of Commissioners be a part-time or full-time position?"

All persons desiring to vote for approval of the employment of a county manager shall vote "Yes," and those persons desiring to vote for rejection of the proposition shall vote "No." All persons shall then mark "Part-Time" or "Full-Time" to express a preference ofa part-time or full-time chairperson of the Carroll County Board of Commissioners. The expense of such election shall be borne by Carroll County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

SECTION 2. (a) If a majority of the votes cast at the advisory referendum election provided for in Section 1 of this Act are in favor of the employment of a county manager, then the Carroll County Board of Commissioners shall consider a resolution requesting the Carroll County legislative delegation to enact local legislation approving the employment of a county manager and adopting the electors expressed preference for either a part-time or a full-time chairperson. (b) If the Carroll County Board of Commissioners unanimously adopts the resolution provided for in subsection (a) of this section, the chairperson of the commission shall cause

GEORGIA LAWS 2007 SESSION

3667

a copy of such resolution to be transmitted to each member of the Carroll County legislative delegation.

SECTION 3. It is found, determined, and declared that the holding of the advisory referendum election provided for in this Act is in all respects for the benefit of the people of Carroll County and is for a public purpose and is an essential governmental function for which public funds may be expended.

SECTION 4. The governing authority of Carroll 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 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 2007 session of the General Assembly of Georgia a bill to provide for an advisory referendum election to be held in Carroll County for the purpose ofdetermining whether the county governing authority should employ a county manager to conduct the daily business of the county; to provide for the question of whether such a system, if adopted, should include a full-time or part-time chairperson of the county commission; to provide that if the electors approve the employment of a county manager, the county commission shall vote on a resolution requesting the Carroll County legislative delegation to implement the suggestions; to provide that, if such vote is unanimous, the county commission shall transmit a copy of such resolution to each member of the Carroll County legislative delegation; to provide for a declaration of public purpose; to provide the submission of this Act to the United States Department of Justice for preclearance; to repeal conflicting laws; and for other purposes.
This lOth day of January, 2007.
S/Honorable Tim Bearden Representative, District 68

3668

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Timothy Bearden, who on oath deposes and says that he is the Representative from District 68 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Times Georgian which is the official organ of Carroll County on January 10,2007, and that the notice requirements of Code Section 28-1-14 have been met.

s/ TIMOTHY BEARDEN Timothy Bearden Representative, District 68

Sworn to and subscribed before me, this 30th day of January, 2007.

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

Approved May 16, 2007.

COWETA COUNTY- COWETA COUNTY WATER AND SEWERAGE AUTHORITY; TERMS OF MEMBERS.
No. 93 (House Bill No. 679).
AN ACT
To amend an Act creating the Coweta County Water and Sewerage Authority, approved March 20, 2001 (Ga. L. 2001, p. 3539), so as to change the terms of members of the authority; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

GEORGIA LAWS 2007 SESSION

3669

SECTION 1. An Act creating the Coweta County Water and Sewerage Authority, approved March 20, 2001 (Ga. L. 2001, p. 3539), is amended by revising subsection (b) of Section 2 to read as
follows: '(b) The authority shall consist of three members who shall be appointed by the Board of Commissioners of Coweta County, Georgia. Terms of those members serving in office as of April! 0, 2008, shall expire at the end of such day. One member shall be appointed for a term of two years commencing April 11, 2008, and until a successor is appointed and qualified; one member shall be appointed for a term of three years commencing April 11, 2008, and until a successor is appointed and qualified; and one member shall be appointed for a term of four years commencing Aprilll, 2008, and until a successor is appointed and qualified. Thereafter, all members shall be appointed for terms of four years each and until successors are appointed and qualified. To be eligible for appointment as a member of the authority, a person shall be at least 21 years of age and a resident of Coweta County, Georgia, for at least two years prior to the date of his or her appointment. No member of the authority shall be eligible to hold an elective public office of this state or any county or municipality within this state unless first resigning as a member of the authority. No person shall be eligible for appointment to the authority who has been convicted of a felony, who is serving in an elected public office of this state or any county or municipality within this state, who is an employee of this state or any county or municipality within this state, or who is an employee of a utility system not operated by the authority or Coweta County. Any member of the authority may be selected and appointed to succeed himself or herself."

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 2007 session of the General Assembly of Georgia a bill to amend an Act creating the Coweta County Water and Sewerage Authority, approved March 20, 2001 (Ga. L. 2001, p. 3539); and for other purposes.
This 26th day of February, 2007.
Honorable Lynn Smith Representative, 103rd District

3670

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lynn R. Smith, who on oath deposes and says that she is the Representative from District 70 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Newnan Times-Herald which is the official organ of Coweta County on February 26, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

s/ LYNN R. SMITH Lynn R. Smith Representative, District 70

Sworn to and subscribed before me, this 1st day of March 2007.

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

Approved May 16,2007.

BURKE COUNTY- BOARD OF EDUCATION; COMPENSATION AND EXPENSE ALLOWANCES.
No. 94 (House Bill No. 685).
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 May 5, 2006 (Ga. L. 2006, p. 4454), so as to change certain provisions regarding the compensation and expense allowance of the 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:

GEORGIA LAWS 2007 SESSION

3671

SECTION 1. An Act providing for the election of the members of the board ofeducation of Burke County, approved March 27, 198S (Ga. L. 198S, p. 4481 ), as amended, particularly by an Act approved May S, 2006 (Ga. L. 2006, p. 44S4), is amended by striking in its entirety Section SA and inserting in lieu thereof the following:

nSECTION SA. (a) The chairperson of the board of education shall receive a salary of $4SO.OO per month and the vice chairman shall receive a salary of $42S .00 per month, each payable from the funds ofBurke County. Each other member of the board ofeducation shall receive a salary of $400.00 per month payable from the funds of Burke County. In addition, the chairperson, each member of the board of education, and other authorized employees 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. (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 $6SO.OO per month. The board of education is authorized to increase the amount of the vice chairperson's salary in any amount not exceeding $200.00 per month. In no event shall the vice chairperson's salary exceed $62S.OO per month. The board of education is authorized to increase the amount of each other member's salary other than the chairperson and vice chairperson in any amount not exceeding $200.00 per month. In no event shall the salary of any other member other than the chairperson and vice 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, 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 2007 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, 198S (Ga. L. 198S, p. 4481), as

3672

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

amended, particularly by an Act approved May 5, 2006 (Ga. L. 2006, p. 4454), so as to change certain provisions regarding the compensation and expense allowance of the members of the board, to provide an effective date: to repeal conflicting laws; and for other purposes.

This

day of

,_ __

Representative Gloria Frazier 123rd District

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gloria Frazier, who on oath deposes and says that she is the Representative from District 123 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the True Citizen which is the official organ of Burke County on March 7, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

sf GLORIA FRAZIER Gloria Frazier Representative, District 123

Sworn to and subscribed before me, this 13th day of March 2007.

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

Approved May 16,2007.

GEORGIA LAWS 2007 SESSION

3673

HANCOCK COUNTY- BOARD OF EDUCATION; COMPENSATION.

No. 95 (House Bill No. 688).

AN ACT

To amend an act reconstituting the Board of Education of Hancock County, approved April 5, 1993 (Ga. L. 1993, p. 4524), as amended, so as to change provisions relating to terms for the board members; 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 reconstituting the Board of Education of Hancock County, approved April 5, 1993 (Ga. L. 1993, p. 4524), as amended, is amended by revising Section 6 as follows:

'SECTION 6

Members of the Board of Education of Hancock County other than the chairperson will receive a monthly salary of$500.00 for their service to the county. The chairperson of the board will receive a monthly salary of $600.00 for his or her service to the county. The salary shall be in addition to any and all per diem sums paid to members of the board while meeting and traveling within or outside the state as a member of a committee of the board on official business first authorized by a majority of the board, plus reimbursement for actual expenses necessarily incurred in connection therewith.'

SECTION 2. This Act shall become effective on January I, 2008.

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 2007 session of the General Assembly of the State of Georgia a bill to amend an Act reconstituting the Board of Education of Hancock County. Approved AprilS, 1993 (Ga. L. 1993, p. 4524): and for other purposes.

3674

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

This 9th day of March, 2007

/s/Sistie Hudson Representative District 124

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Sistie Hudson, who on oath deposes and says that she is the Representative from District 124 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Sparta Ishmaelite which is the official organ of Hancock County on March 15, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

s/ SISTIE HUDSON Sistie Hudson Representative, District 124

Sworn to and subscribed before me, this 19th day of March 2007.

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

Approved May 16,2007.

COOK COUNTY- CHIEF MAGISTRATE; ELECTION; VACANCIES.
No. 96 (House Bill No. 690).
AN ACT
To repeal an Act providing that the judge of the Probate Court of Cook County shall serve as chief magistrate of the Magistrate Court of Cook County, approved March 12, 1984 (Ga. L. 1984, p. 4090), as amended, particularly by an Act approved March 25, 1996 (Ga. L. 1996, p. 3609), so as to provide for the election of the chief magistrate of the Magistrate Court of Cook County; to provide for the filling of vacancies; to provide for

GEORGIA LAWS 2007 SESSION

3675

submission of the Act for preclearance; 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. Effective January I, 2011, an Act providing that the judge of the Probate Court of Cook County shall serve as chief magistrate of the Magistrate Court of Cook County, approved March 12, 1984 (Ga. L. 1984, p. 4090), as amended, particularly by an Act approved March 25, 1996 (Ga. L. 1996, p. 3609), is repealed in its entirety.

SECTION 2. The term of office of the chief magistrate ofthe Magistrate Court of Cook County in office on January 1, 2010, shall terminate on December 31, 2010. In the 2010 general election and in the November general election every four years thereafter, a successor to the chief magistrate of the Magistrate Court of Cook County shall be elected in accordance with the provisions of Code Section 15-10-20 of the O.C.G.A. for a term of office of four years beginning on the first day of January immediately following such election. Vacancies in such office occurring on and after January 1, 2011, shall be filled in accordance with the provisions of Code Section 15-10-20 of the O.C.G.A.

SECTION 3. It shall be the duty of the governing authority of Cook County to submit this Act for preclearance under Section 5 of the Voting Rights Act of 1965, as amended, within 45 days after such Act is approved by the Governor or becomes law without such approval.

SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to repeal an Act providing that the judge of the Probate Court of Cook County shall serve as chief magistrate of the Magistrate Court of Cook County, approved March 12, 1984 (Ga. L. 1984, p. 4090), as amended, particularly by an Act approved March 25, 1996 (Ga. L. 1996, p. 3609), so as to provide for the election of the chief magistrate of the Magistrate Court of Cook County; to provide for the filling of vacancies;

3676

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

to provide for submission of the Act for preclearance; to provide for related matters; to provide an effective date; to repeal conflicting Jaws; and for other purposes.

This 26 day of Feb. 2007f

Penny Houston Representative Penny Houston I 70th District

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Penny Houston, who on oath deposes and says that she is the Representative from District 170 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Adel News Tribune which is the official organ of Cook County on March 7, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

sf PENNY HOUSTON Penny Houston Representative, District 170

Sworn to and subscribed before me, this 15th day of March 2007.

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

Approved May 16, 2007.

GEORGIA LAWS 2007 SESSION
HEARD COUNTY- HOMESTEAD EXEMPTION; SCHOOL TAXES; SENIOR CITIZENS; REFERENDUM.

3677

No. 97 (House Bill No. 693).

AN ACT

To amend an Act entitled "An Act to provide for homestead exemptions from Heard County ad valorem taxes for county purposes and from Heard County School District ad valorem taxes for educational purposes for certain residents of that county and school district," approved April 13, 1992 (Ga. L. 1992, p. 61 07), so as to increase the homestead exemption from school district taxes for citizens age 65 and older; 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 entitled "An Act to provide for homestead exemptions from Heard County ad valorem taxes for county purposes and from Heard County School District ad valorem taxes for educational purposes for certain residents of that county and school district," approved Aprill3, 1992 (Ga. L. 1992, p. 6107), is amended by revising Section 3 as follows:
'SECTION 3. Each resident of the Heard County School District who is 65 years of age or older is granted an exemption on that person's homestead from all Heard County School District ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of that homestead.'

SECTION 2. The increase in the exemption from Heard County School District taxes for educational purposes provided by Act shall apply to all taxable years beginning after December 31, 2007.

SECTION 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent ofHeard County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Heard County School District for approval or rejection. The election superintendent shall conduct that election on the Tuesday next following the first Monday in November, 2007, 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 Heard County. The ballot shall have written or printed thereon the words:

3678

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

"( ) YES ( ) NO

Shall the Act be approved which provides a new increased homestead exemption from Heard County 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?''

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Sections I and 2 of this Act shall become of full force and effect on January I, 2008. If the Act is not so approved or if the election is not conducted as provided in this section, Sections I and 2 of this Act shall not become effective and this Act shall be automatically repealed on the first day ofJanuary immediately following that election date. The expense of such election shall be borne by Heard County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

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

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to provide for homestead exemptions from Heard County ad valorem taxes for county purposes and from Heard County School district ad valorem taxes for educational purposes for certain residents of that county and school district, approved April 13, 1992 (Ga. L. 1992, p. 61 07), as amended, and for other purposes.
This 28th day of February, 2007.
Honorable Randy Nix Representative, District 69
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Randy Nix, who on oath deposes and says that he is the Representative from District 69 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in theN ews and Banner which is the official organ ofHeard

GEORGIA LAWS 2007 SESSION

3679

county on February 28, 2007, and that the notice requirements ofCode Section 28-1-14 have been met.

sf RANDY NIX Randy Nix Representative, District 69

sworn to and subscribed before me, this 19th day of March 2007.

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

Approved May 16, 2007.

FRANKLIN-HEARD COUNTY WATER AUTHORITY- QUORUM; VOTING.
No. 98 (House Bill No. 694).
AN ACT
To amend an Act entitled "An Act to create the Franklin-Heard County Water Authority," approved March 21, 1984 (Ga. L. 1984, p. 4613), as amended, so as to provide a quorum; to provide for a unanimous vote on any official action; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Act entitled "An Act to create the Franklin-Heard County Water Authority," approved March 21, 1984 (Ga. L. 1984, p. 4613 ), as amended, is amended by revising subsection (f) of Section 2 as follows:
'(f) Three members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the authority. A vote of at least three members of the authority shall be necessary for any official action of the authority.'

3680

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to amend an Act entitled "An Act to create the Franklin-Heard County Water Authority," approved March 24, 1984 (Ga. L. 1984, p. 4613), as amended, and for other purposes.
This 28th day of February, 2007.
Honorable Randy Nix Representative, District 69
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Randy Nix, who on oath deposes and says that he is the Representative from District 69 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the News and Banner which is the official organ ofHeard County on February 28, 2007, and that the notice requirements ofCode Section 28-1-14 have been met.
s/RANDY NIX Randy Nix Representative, District 69
Sworn to and subscribed before me, this 19th day of March 2007.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18,2009 (SEAL)
Approved May 16, 2007.

GEORGIA LAWS 2007 SESSION

3681

CITY OF CARTERSVILLE- REDEVELOPMENT POWERS; REFERENDUM.

No. 99 (House Bill No. 698).

AN ACT

To authorize the City of Cartersville to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the o.c.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. The City of Cartersville 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 Cartersville to undertake and carry out community redevelopment, to create tax allocation districts, to issue tax allocation bonds, and to incur other obligations within the meaning of and as fully permitted under the provisions of Article IX, Section II, Paragraph VII(b) of the Constitution of the State of Georgia of 1983, as amended, and to authorize the City of Cartersville to exercise redevelopment powers as fully as the "Redevelopment Powers Law" may now or hereafter permit and not to limit any redevelopment powers permitted under the "Redevelopment Powers Law."

SECTION 2, Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Cartersville 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 Cartersville for approval or rejection. The municipal election superintendent shall conduct that election on a practicable date in 2007 or 2008 authorized under Code Section 21-2-540 of the O.C.G.A.; provided, however, that if conducting the election under this Act on earlier authorized dates is impracticable, then the municipal election superintendent shall conduct the election under this Act on the date of the presidential preference primary in 2008 and ahall 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 aweek 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:

3682

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

"( ) YES Shall the Act be approved which authorizes the City of Cartersville to exercise redevelopment powers under the 'Redevelopment Powers Law,' as
( ) NO it may be amended from time to time, for the purpose of improving economic and social conditions in depressed areas within the city?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become of full force and effect immediately. If Section 1 ofthis 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 Cartersville. 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 end 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 2007 session of the General Assembly of Georgia a bill to authorize the City ofCartersville to exercise all redevelopment and other powers under Article IX, Section II, Paragraph Vll(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," amended; to provide for a referendum; and for other purposes.
This 27th day of February, 2007.
(s)Jeff Lewis Representative 15th District
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

GEORGIA LAWS 2007 SESSION

3683

Local Legislation was published in the Daily Tribune News which is the official organ of Bartow County on March 8, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

s/ JEFF LEWIS Jeff Lewis Representative, District 15

Sworn to and subscribed before me, this 19th day of March 2007.

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

Approved May 16, 2007.

EFFINGHAM COUNTY- COUNTY SURVEYOR; ABOLISH ELECTED POSITION; PROVIDE FOR APPOINTMENT.
No. 100 (House Bill No. 706).
AN ACT
To abolish the elected office of county surveyor for Effingham County; to provide for the appointment of a county surveyor; to provide for a term of office; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act is enacted in accordance with the provisions of Code Section 36-7-2.1 of the O.C.G.A. The elected office of county surveyor of Effingham County is abolished. The governing authority of Effingham County shall appoint a county surveyor as soon as practicable after this Act becomes law to serve a term of office ending on December 31, 2008. Thereafter, successors to such office shall be appointed to serve terms of two years. Vacancies to such office shall be filled in the same manner.

3684

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to abolish the elected office of county surveyor for Effingham County; to provide for the appointment of a county surveyor; to provide for a term of office; and for other purposes.
This 27 day of Feb. 2007
Earl L. 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 of Intention to Introduce Local Legislation was published in the Effingham Herald which is the official organ of Effingham County on March 6, 2007, and that the notice requirements of Code Section 28-1-14 have been met.
s/ EARLL. CARTER Earl L. Carter Representative, District 159
Sworn to and subscribed before me, this 19th day of March 2007.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 16, 2007.

GEORGIA LAWS 2007 SESSION

3685

CITY OF DALLAS- POWERS AND DUTIES OF MAYOR; ADMINISTRATIVE RESPONSIBILITIES AND POWERS AND DUTIES OF CITY MANAGER; TEMPORARY CITY MANAGER; APPOINTMENT.

No. 101 (House Bill No. 708).

AN ACT

To amend an Act to providing a new charter for the City of Dallas in Paulding County, approved March 24, 1988 (Ga. L. 1988, p. 4121), as amended, so as to repeal provisions relating to the chief executive officer, city clerk, police chief, and removal of the city clerk or police chief; to provide for powers and duties of the mayor; to provide for administrative responsibilities of the city manager; to provide for the removal of the city manager; to provide for the appointment of a temporary city manager; to provide for duties and powers of the city manager; 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 Dallas in Paulding County, approved March 24, 1988 (Ga. L. 1988, p. 4121), as amended, is amended by revising Section 2.27, relating to the executive powers of the chief executive officer, as follows:

'SECTION 2.27. Reserved.'

SECTION 2. Said Act is further amended by revising Section 2.28 as follows:

'SECTION 2.28. Powers and duties of mayor.

The mayor shall: (1) Possess all of the executive powers granted to the city under the Constitution and laws of the State of Georgia; (2) Preside at all meetings of the mayor and city council and have the right to take part in the deliberations of said council but shall not vote on any question except in the case of a tie; (3) Sign all deeds and contracts, except deeds for property sold under execution at a public sale; (4) Be clothed with veto power as set out in this charter;

3686

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(5) Keep the city council advised from time to time of the general condition of the city, and recommend such measures as he or she may deem necessary or expedient for the welfare of the city; and (6) Call the city council together at any time he or she deems necessary."

SECTION 3. Said Act is further amended by revising subsection (b) of Section 3.10 as follows:
(b) The city manager is authorized and empowered to make and execute contracts within the scope of his or her duties as defined by this charter, other than employment contracts, so long as such contracts meet the requirements of purchasing procedures, budget policies, and personnel practices which have been formally adopted by the city council."

SECTION 4. Said Act is further amended by revising Section 3.12 as follows:

'SECTION 3.12. Removal of city manager.

The mayor and city council may remove the city manager from his or her position, suspend the city manager with or without pay, or take such other actions concerning the employment of the city manager so long as such actions are taken at a legal meeting of the city council and have the affirmative vote of at least four members of the city council.'

SECTIONS. Said Act is further amended by revising Section 3.13 as follows:

"SECTION 3.13. Temporary city manager.

If deemed necessary by the mayor and city council due to the temporary absence or disability of the city manager, the mayor and city council may appoint any qualified person to serve as acting city manager and fix his or her compensation."

SECTION 6. Said Act is further amended by revising paragraph (5) of Section 3.14 as follows:
"(5) He or she shall have jurisdiction over and the authority to hire or remove all employees of the city in every department of the city, except that the final recommendation to hire or terminate a department head must be ratified by the cit) council before taking effect."

GEORGIA LAWS 2007 SESSION

3687

SECTION 7. Said Act is further amended by revising Sections 3.16, 3.17, and 3.18, relating respectively to the appointment and duties of the city clerk, the appointment and duties of the police chief, and the removal of the city clerk and the police chief, as follows:

"SECTION 3.16. Reserved.

SECTION 3.17. Reserved.

SECTION 3.18. Reserved."

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 2007 session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Dallas in Paulding County, approved March 24, 1988 (Ga. L. 1988, p.4121 ), as amended, so as to repeal provisions relating to the chief executive officer, city clerk, police chief, and removal of the city clerk or police chief; to provide for powers and duties of the mayor; to provide for administrative responsibilities of the city manager; to provide for the removal of the city manager; to provide for the appointment of a temporary city manager; to provide for duties and powers of the city manager; and for other purposes.
Representative Howard Maxwell, 17th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Howard Maxwell, who on oath deposes and says that he is the Representative from District 17 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Dallas New Era which is the official organ of Paulding County on March 15, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

3688

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
s/ HOWARD MAXWELL Howard Maxwell Representative, District 17

Sworn to and subscribed before me, this 19th day of March 2007.

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

Approved May 16, 2007.

CHARLTON COUNTY- BOARD OF EDUCATION; EDUCATION DISTRICTS.
No. 102 (House Bill No. 723).
AN ACT
To amend an Act providing for the election of the members of the board of education for Charlton County, approved April 17, 1975 (Ga. L. 1975, p. 3952), as amended, so as to change provisions relating to board of education districts; to provide for members currently serving; to provide for submission of this Act to the United States Department of Justice; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for the election of the members of the board of eduation for Charlton County, approved Aprill7, 1975 (Ga. L. 1975, p. 3952), as amended, is amended by revising Section 2 as follows:
'(a) For the purposes ofelecting members of the board ofeducation, Charlton County shall be divided into and correspond to those five numbered districts described in and attached to and made a part of this Act and further identified as Plan Name: charccsb6 Plan Type: Local User: Blake Administrator: Charlton. (b) When used in such attachment, the terms 'Tract' and 'BG' (Block Group) shall mean and describe the same geographical boundaries as provided in the report of the Bureau of

GEORGIA LAWS 2007 SESSION

3689

the Census for the United States decennial census of 2000 for the State of Georgia. The separate numeric designations in a Tract description which are underneath a 'BG' heading shall mean and describe individual Blocks within a Block Group as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. Any part of the Charlton County school district which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of2000 for the State of Georgia. Any part of the Charlton County school district which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of2000 for the State of Georgia. Except as otherwise provided in the description of any board of education district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2000 for the State of Georgia.'

SECTION 2. It is the purpose of this Act to reapportion the districts from which members of the board of education of Charlton County are to be elected in the November, 2008, general election and in subsequent general elections, and this Act results from changes in population based on the United States decennial census of 2000. It is not the intention of the General Assembly to affect the membership of current members of the board, their terms of office, or the manner in which their successors shall be elected, and such matters shall remain as provided by law on the effective date of this Act until otherwise amended by law, except to the extent of reapportioning the districts represented by such members.

SECTION 3. The board of education of Charlton County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.

SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

3690

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Plan Name: charccsb6 Plan Type: Local User: Blake Administrator: Charlton

Redistricting Plan Components Report

District 001 Charlton County
Tract: 9901 BG: 1 1199 1200 1201 1204 1205 1206 1207 1208 1209 1210 1211 1213 1214 1215 12161217 1218 1219 12201221 1222 1223 1224 1225 1226 1227 1228 1229 1230 1231 1232 1233 1234 1235 1236 1237 1238 1239 1240 1241 1242 1243 1278 1279 1280 1283 1284 1285 1286 1287 1345 1346 1347 BG: 3 3000 3001 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3050 3051 3052 3053 3054 3055 3124 3125 3126 3127 3128 3129 3130 BG: 4 400240034004400540064007400840094010401140124015 401640174021402240234024402540264027402840334034 4035 4036 4037 4038 4039 4048 4049 4050 4064 4065 4070 4072 4073 4074 4075 4076 4077 4082 4083 4084 4085 4086 4087 4088 4089 4090 4091 4093 4094 4095 4096 4097 4098 4099 4100 4101 4102 4103 4104 4105 4106 4107 4999

District 002 Charlton County
Tract: 9901 BG: 2 2181 2184 2185 2187 2188 2189 2190 2191 2192 2193 2194 2195 2196 2197 2198 2199 2200 2201 2202 2203 2204 2205 2206 BG: 3 3017 3018 3020 3021 3024 3025 3026 3027 3028 3029 3030 3031 3032 3047 3048 3049 3056 3057 305S 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 3093 3094 3095 3096 3097 3098 3099 3100 3101 3102 3103 3106 3107 3113 3114 3115 3116 3117 3118 3119 3120 3121 3122 3123 BG:4
401340144018401940204029403040314032404040414042

GEORGIA LAWS 2007 SESSION
4043 4044 4045 4046 4047 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4061 4062 4063 4066 4067 4068 4069 4071 4078 4079 4080 4081
District 003 Charlton County
Tract: 9902 BG: 1 1081 1082 1083 1084 1085 1086 1087 1088 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 11 08 11 09 Ill 0 1111 1112 11 13 1114 1115 1116 Ill 7 1118 1119 11201121 11221123 11241125 112611271128 112911301131 113211331134113511361137113811391140114111421143 114411451146114711481149115011511152115311541155 1156 1157 1158 1159 1160 1161 1162 1163 1164 1165 1166 1167 1168116911701171 1172 1173 11741175 1176117711781179 1180 1181 1182 1183 1184 1185 1186 1187 1188 1189 1190 1191 1192 1193 1194 1195 1196 1197 1198 1199 1200 1201 1202 1203 12041205 1206 1207 1208 1209 12101211 1212 1213 12141215 1216 1217 1218 1219 1220 1221 1222 1223 1224 1225 1226 1227 1228 1229 1230 1231 1232 1233 1234 1235 1236 1237 1238 1239 1240 1241 1242 1243 1244 1245 1246 1247 1248 1249 1250 1251 1252 1253 1254 1255 1256 1257 1258 1259 1260 1261 1262 1263 1264 1265 1266 1267 1268 1269 1270 1271 1272 1273 1274 1275 1276 1277 1278 1279 1280 1281 1282 1283 1284 1285 1286 1287 1288 1289 1290 1291 1292 1293 1294 1295 1296 1297 1298 1299 13001301 13021303 13041305 130613071308 130913101311 13121313 1314 1315 1316 1317 1318 1319 1320 1321 1322 1323 1324 1325 1326 1327 1328 1329 1330 1331 1332 1998 BG:2
District 004 Charlton County
Tract: 9901 BG: 1 1161 1162 1163 1164 1165 1166 1167 1168 1169 1170 1290 1291 1292 1293 1295 1296 1297 1298 1299 1300 1301 1302 1303 1304 1305130613071308130913101311 13121313131413151316 1317 1318 1319 1320 1321 1322 1323 1324 1325 1326 1327 1328 1329 1332 1333 1334 1335 1336 1337 1338 1339 1340 1341 1342 1343 1344

3691

3692

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

BG: 2 2031 2032 2033 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2125 2126 2127 2128 2129 2130 2131 2132 2133 2134 2135 2136 2137 2138 2139 2140 2141 2142 2143 2144 2145 2146 2147 2148 2149 2150 2151 2152 2153 2154 2155 2156 2157 2158 2159 2160 2161 2162 2163 2164 2165 2166 2167 2168 2169 2170 21712172 2173 2174 2175 2176 2177 2178 2179 2180 2182 2183 2186 2207 2208 2209 2210 2242 2243 2244 2245 2246 2247 2249 2250 2251 2256 2257 2258 2259 2260 2261 BG: 3 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3019 3022 3023 3104 3105 3108 3109 3110 3111 3112 31313998 3999 Tract: 9902 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 10141015 1016 1017 1018 1019 10201021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1089 1090 1091 1999

District 005 Charlton County
Tract: 9901 BG: I 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 10141015 1016 1017 1018 1019 10201021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071

GEORGIA LAWS 2007 SESSION
1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 109610971098109911001101110211031104110511061107 1108 1109 Ill 0 1111 1112 1113 1114 1115 1116 Ill 7 1118 1119 112011211122112311241125112611271128112911301131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 115611571158 1159116011711172 1173 1174117511761177 117811791180118111831184118511861187118811891190 119111921193 11941195 11961197 1198 12021203 12121244 1245 1246 1247 1248 1249 1250 1251 1252 1253 1254 1255 1256 1257 1258 1259 1260 1261 1262 1263 1264 1265 1266 1267 1268 1269 1270 1271 1272 1273 1274 1275 1276 1277 1281 1282 1288 1289 1294 1330 1331 1348 1349 1350 1351 1352 1353 1354 1355 1356 1357 1358 1359 1360 1361 1362 1363 1364 1365 1366 1367 1368 1369 1370 1371 1372 1373 1374 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 20212022 2023 2024 2025 2026 2027 2028 2029 2030 2034 2211 2212 2213 2214 2215 2216 221 7 2218 2219 2220 2221 2222 2223 2224 2225 2226 2227 2228 2229 2230 2231 2232 2233 2234 2235 2236 2237 2238 2239 2240 2241 2248 2252 2253 2254 2255 2262 2263 2264 2265 2266 2267 2268 2269 2270 2271 2272 2273 2274 2275 2276 2277 2278 2279 2280 2281 2999 BG:4 4000 4001 4092

3693

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2007 session of the General Assembly ofGeorgia a bill to amend an Act providing for the election of the members of the Board of Education for Charlton County, approved April 17, 1975 (GA. L. 1975, p. 3952), as amended; and for other purposes. This 19th day of February, 2007.
J. Mark Hatfield Georgia State Representative District 177

3694

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Room 404 Coverdell Legislative Office Building Capitol Square Atlanta, Georgia 30334 (404) 656-0 I 09

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 Representative from District 177 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Charlton County Herald which is the official organ of Charlton County on February 21, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

s/ J. MARK HATFIELD J. Mark Hatfield Representative, District 177

Sworn to and subscribed before me, this 19th day of March 2007.

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

Approved May 16, 2007.

CHARLTON COUNTY- BOARD OF COMMISSIONERS; COMMISSIONER DISTRICTS.
No. 103 (House Bill No. 724).
AN ACT
To amend an Act creating the board of commissioners for Charlton County, approved August 4, 1927 (Ga. L. 1927, p. 529), as amended, so as to change provisions relating to commissioner districts; to provide for members currently serving; to provide for submission

GEORGIA LAWS 2007 SESSION

3695

of this Act to the United States Department of Justice; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating the board of commissioners for Charlton County, approved August 4, 1927 (Ga. L. 1927, p. 529), as amended, is amended by revising subsection (a) of Section 2 as
follows: '(a){1) For the purposes of electing members of the board of commissioners, Charlton County shall be divided into and correspond to those five numbered districts described in and attached to and made a part of this Act and further identified as Plan Name: charccsb6 Plan Type: Local User: Blake Administrator: Charlton. (2) When used in such attachment, the terms 'Tract' and 'BG' (Block Group) shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. The separate numeric designations in a Tract description which are underneath a 'BG' heading shall mean and describe individual Blocks within a Block Group as provided in the report ofthe Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. Any part of Charlton 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 Charlton 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 ofGeorgia. Except as otherwise provided in the description of any commissioner district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2000 for the State of Georgia.'

SECTION 2. It is the purpose of this Act to reapportion the districts from which members of the board of commissioners of Charlton County are to be elected in theN ovember, 2008, general election and in subsequent general elections, and this Act results from changes in population based on the United States decennial census of 2000. It is not the intention of the General Assembly to affect the membership of current members of the board, their terms of office, or the manner in which their successors shall be elected, and such matters shall remain as provided by law on the effective date of this Act until otherwise amended by law, except to the extent of reapportioning the districts represented by such members.

3696

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 3. The governing authority of Charlton County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.

SECTION 4. An Act to amend an Act creating the board of commissioners for Charlton County, approved March 9, 1994 (Ga. L. 1994, p. 3625) is repealed.

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.

Plan Name: charccsb6 Plan Type: Local User: Blake Administrator: Charlton

Redistricting Plan Components Report

District 00 I Charlton County
Tract: 9901 BG: I 1199 1200 1201 1204 1205 1206 1207 1208 1209 1210 1211 1213 1214 1215 1216 1217 1218 1219 12201221 1222 1223 12241225 1226 1227 1228 1229 1230 1231 1232 1233 1234 1235 1236 1237 1238 1239 1240 1241 1242 1243 1278 1279 1280 1283 1284 1285 1286 1287 1345 1346 1347 BG: 3 3000 3001 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3050 3051 3052 3053 3054 3055 3124 3125 3126 3127 3128 3129 3130 BG:4 4002 4003 4004 4005 4006 4007 4008 4009 40 I 0 4011 4012 4015 4016 4017 4021 4022 4023 4024 4025 4026 4027 4028 4033 4034 4035 4036 4037 4038 4039 4048 4049 4050 4064 4065 4070 4072 4073 4074 4075 4076 4077 4082 4083 4084 4085 4086 4087 4088 4089 4090 4091 4093 4094 4095 4096 4097 4098 4099 4100 410 I

GEORGIA LAWS 2007 SESSION
4102 4103 4104 4105 4106 4107 4999
District 002 Charlton County
Tract: 9901 BG: 2 2181 2184 2185 2187 2188 2189 2190 2191 2192 2193 2194 2195 2196 2197 2198 2199 2200 2201 2202 2203 2204 2205 2206 BG: 3 3017 3018 3020 3021 3024 3025 3026 3027 3028 3029 3030 3031 3032 3047 3048 3049 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 3093 3094 3095 3096 3097 3098 3099 3100 3101 3102 3103 3106 3107 3113 3114 3115 3116 3117 3118 3119 3120 3121 3122 3123 BG:4 4013 4014 4018 4019 4020 4029 4030 4031 4032 4040 4041 4042 4043 4044 4045 4046 4047 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4061 4062 4063 4066 4067 4068 4069 4071 4078 4079 4080 4081
District 003 Charlton County
Tract: 9902 BG: 1 10811082 1083 1084 1085 1086 1087 1088 1092 1093 1094 1095 109610971098109911001101110211031104110511061107 110811091110111111121113111411151116111711181119 112011211122112311241125112611271128112911301131 113211331134113511361137113811391140114111421143 114411451146114711481149115011511152115311541155 115611571158115911601161116211631164116511661167 116811691170117111721173117411751176117711781179 1180 1181 1182 1183 1184 1185 1186 1187 1188 1189 1190 1191 1192 1193 1194 1195 1196 1197 1198 1199 1200 1201 1202 1203 12041205 1206 1207 1208 120912101211 1212 1213 1214 1215 12161217 1218 1219 12201221 1222 1223 1224 1225 12261227 1228 1229 1230 1231 1232 1233 1234 1235 1236 1237 1238 1239 1240 1241 1242 1243 1244 1245 1246 1247 1248 1249 1250 1251 1252 1253 1254 1255 1256 1257 1258 1259 1260 1261 1262 1263

3697

3698

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

1264 1265 1266 1267 1268 1269 1270 1271 1272 1273 1274 1275 1276 1277 1278 1279 1280 1281 1282 1283 1284 1285 1286 1287 1288 1289 1290 1291 1292 1293 1294 1295 1296 1297 1298 1299 1300 1301 1302 1303 1304 1305 1306 1307 1308 1309 1310 1311 1312 1313 13141315 13161317 1318 1319 132013211322 1323 1324 1325 1326 1327 1328 1329 1330 1331 1332 1998 BG:2

District 004 Charlton County
Tract: 9901 BG: 1 1161 1162 1163 1164 1165 1166 1167 1168 1169 1170 1290 1291 1292 1293 1295 1296 1297 1298 1299 1300 1301 1302 1303 1304 1305 1306 1307 1308 1309 1310 1311 1312 1313 1314 1315 1316 1317 1318 1319 13201321 1322 1323 13241325 1326 1327 1328 1329 1332 1333 1334 1335 1336 1337 1338 1339 1340 1341 1342 1343 1344 BG: 2 2031 2032 2033 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2125 2126 2127 2128 2129 2130 2131 2132 2133 2134 2135 2136 2137 2138 2139 2140 2141 2142 2143 2144 2145 2146 2147 2148 2149 2150 2151 2152 2153 2154 2155 2156 2157 2158 2159 2160 2161 2162 2163 2164 2165 2166 2167 2168 2169 2170 2171 2172 2173 2174 2175 2176 2177 2178 2179 2180 2182 2183 2186 2207 2208 2209 2210 2242 2243 2244 2245 2246 2247 2249 2250 2251 2256 2257 2258 2259 2260 2261 BG: 3 3002 3003 3004 3005 3006 3007 3008 3009 3010 30 II 3012 3013 3014 3015 3016 3019 3022 3023 3104 3105 3108 3109 3110 3111 3112 3131 3998 3999 Tract: 9902 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011

GEORGIA LAWS 2007 SESSION
1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 !060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1089 1090 1091 1999
District 005 Charlton County
Tract: 9901 BG: 1 10001001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 10241025 10261027 1028 1029 10301031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 109610971098109911001101110211031104110511061107 1108 1109 Ill 0 1111 1112 1113 1114 1115 1116 1117 1118 1119 112011211122112311241125112611271128112911301131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 114411451146114711481149115011511152115311541155 115611571158115911601171117211731174117511761177 1178 1179 1180 1181 1183 1184 1185 1186 1187 1188 1189 1190 119111921193119411951196119711981202120312121244 1245 1246 1247 1248 1249 1250 1251 1252 1253 1254 1255 1256 1257 1258 1259 1260 1261 1262 1263 1264 1265 1266 1267 1268 1269 1270 1271 1272 1273 1274 1275 1276 1277 1281 1282 1288 1289 1294 1330 1331 1348 1349 1350 1351 1352 1353 1354 1355 1356 1357 1358 1359 1360 1361 1362 1363 1364 1365 1366 1367 1368 1369 1370 1371 1372 1373 1374 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 20 II 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2034 2211 2212 2213 2214 2215 2216 2217 2218 2219 2220 2221 2222 2223 2224 2225 2226 2227 2228 2229 2230 2231 2232 2233 2234 2235 2236 2237 2238

3699

3700

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

223922402241224822522253225422552262226322642265 2266 2267 2268 2269 2270 2271 2272 2273 2274 2275 2276 2277 2278 2279 2280 2281 2999 BG:4 4000 400 I 4092

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to amend an Act creating the board of commissioners for Charlton County, approved August 4, 1927 (Ga. L., p. 529), as amended; and for other purposes.
This 19th day of February, 2007
J. Mark Hatfield Georgia State Representative District I 77 Room 404 Coverdell Legislative Office Building Capitol Square Atlanta, Georgia 30334 (404) 656-0109
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 Representative from District 177 and further deposes and says that the attached Notice oflntention to Introduce Local Legislation was published in the Charlton County Herald which is the official organ of Charlton County on February 21, 2007, and that the notice requirements of Code Section 28-1-14 have been met.
sf J. MARK HATFIELD J. Mark Hatfield Representative, District 177

GEORGIA LAWS 2007 SESSION
Sworn to and subscribed before me, this 19th day of March 2007.
sf SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18,2009 (SEAL)
Approved May 16, 2007.

3701

EFFINGHAM COUNTY- BOARD OF COMMISSIONERS; COMPOSITION, ELECTION, AND TERMS OF OFFICE; VACANCIES; CHAIRPERSON AND VICE CHAIRPERSON.
No. 104 (House Bill No. 728).
AN ACT
To amend an Act creating a Board of Commissioners for the County of Effingham, approved July 26, 1921 (Ga. L. 1921, p. 466), as amended, so as to provide that the governing authority of Effingham County shall consist of six commissioners; to provide for the qualifications, elections, terms of office, and service of the members of the board; to provide for the filling ofvacancies; to provide for the election and service of a chairperson of the board; to provide for a vice chairperson of the board; to provide for the submission of this Act to the United States Department ofJustice for approval; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating a Board of Commissioners of Roads and Revenues for the County of Effingham, approved July 26, 1921 (Ga. L. 1921, p. 466), as amended, is amended by revising Section I as follows:
"SECTION I. (a) The governing authority of Effingham County shall be a board of commissioners consisting of six persons, composed of a chairperson and five other members. (b) The chairperson may reside anywhere within Effingham County and shall be elected by a majority vote of the qualified voters of the entire county. One member shall be

3702

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

elected from each of the five duly constituted election districts in said county by a majority vote of the qualified voters of that election district. (c) The chairperson and all members of the board of commissioners shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., known as the 'Georgia Election Code,' as now or hereafter amended. (d) Any person seeking membership on the board shall have:
(I) Resided in the county for at least one year immediately preceding the date of his or her election. (2) Resided in the district in which that person is seeking election on the date of qualification for the office of county commissioner. (e) The chairperson and each of the other five members ofthe board shall serve for a term of four years beginning the first day ofJanuary immediately following his or her election.'

SECTION 2. Said Act is further amended by revising Section lA as follows:

"SECTION lA. (a) The first chairperson elected under this Act shall be elected for a four-year term at the November, 2008, general election and shall serve until his or her successor is elected and qualified. Successors shall be elected thereafter at the general election immediately preceding the expiration of a term of office of four years and shall serve until their successors are elected and qualified. (b) The two members elected from Districts I and 4 shall be elected at the November, 2008, general election for terms of four years and shall serve until their successors are elected and qualified. The three members from Districts 2, 3, and 5 shall be elected at the November, 2010, general election for terms of four years and shall serve until their successors are elected and qualified. Thereafter, all members shall be elected at the general election immediately preceding the expiration of their respective terms of office for terms of four years and shall serve until their successors are elected and qualified. (c) All members of the board of commissioners of Effingham County holding office from their respective districts on the effective date of this Act shall remain in office until such time as their successors are duly elected and qualified as provided in this Act."

SECTION 3. Said Act is further amended by revising Section 2 as follows:

'SECTION 2. The chairperson shall preside at all meetings of the board. The chairperson shall be the official spokesperson for the board and shall have the authority to set the agenda for meetings. At the first regular meeting in January of each year, the board shall elect from its members a vice chairperson. In the event of the death, disqualification, or resignation ofthe

GEORGIA LAWS 2007 SESSION

3703

chairperson, the vice chairperson shall perform the duties and have the authority of the chairperson until a new chairperson is chosen as provided in this Act. The vice chairperson shall preside at board meetings in the absence of the chairperson. In the event of a vacancy in the office of vice chairperson, the board shall elect a new vice chairperson to serve for the remainder of the unexpired term."

SECTION 4. Said Act is further amended by striking Section 3 in its entirety and inserting in lieu thereof the following:

"SECTION 3. (a) Any vacancy in the office of chairperson or member of the board for any reason other than the expiration of the term of office which occurs more than 180 days before the expiration of a term of office shall be filled by special election. (b) Any vacancy in the office of chairperson or member of the board which occurs 180 days or less before the expiration of a term of office shall be filled by the remaining members of the board appointing a successor, and such appointment shall be made within 15 days after the vacancy occurs. (c) Any person elected or appointed to fill a vacancy must meet all qualifications for election to the office; and any person elected or appointed to fill a vacancy shall serve for the remainder of the unexpired term. (d) In the event a member moves his or her residence from' the district he or she represents, a vacancy shall exist from such district and shall be filled in the same manner as other vacancies are filled. (e) All elections to fill vacancies shall be conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., known as the 'Georgia Election Code.'"

SECTION 5. Said Act is further amended by revising Section 5 as follows:

"SECTION 5. The board of commissioners shall hold its regular meetings on the first and third Tuesdays of each month, in the Office of the Board of Commissioners of the County of Effingham. The board may meet in extraordinary session as often as the affairs of the county may require, upon call of the chairperson or any other three members of the board."

SECTION 6. Said Act is further amended by revising Section 6 as follows:

3704

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

sECTION 6. The chairperson shall vote on matters before the board. In the event of a tie vote the matter shall be deemed a "no vote." For the purposes of this section a "no vote" shall not prevent the subject of the vote from being recalled for a new vote pursuant to procedures set by the board. At all meetings of the board, not less than four commissioners shall constitute a quorum of said board, and no order shall be passed, no business transacted, nor any other action taken in regard to any county matter except upon the vote therefor of three members, three votes always being necessary to decide any question:

SECTION 7. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the governing authority of Effingham County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 2008, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety.

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 2007 session of the General Assembly of Georgia a bill to amend an Act creating a Board of Commissioners for the County of Effingham, approved July 26, 1921 (Ga. L. 1921, p. 466), as amended; and for other purposes.
This 8th day of March, 2007.
Representative Jon G. Bums !57th District
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 of Intention to Introduce Local Legislation was published in the Effingham Herald which is the official organ of Effingham County on March 13, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

GEORGIA LAWS 2007 SESSION
sf JON BURNS Jon Burns Representative, District 157
sworn to and subscribed before me, this 20th day of March 2007.
sf DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 16, 2007.

3705

CITY OF CARNESVILLE- CORPORATE LIMITS.
No. 105 (House Bill No. 731).
AN ACT
To amend an Act providing a new charter for the City of Carnesville, approved April 13, 2001 (Ga. L. 2001, p. 3834), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 3606), so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing a new charter for the City of Carnesville, approved April 13, 2001 (Ga. L. 2001, p. 3834), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 3606), is amended by adding a new subsection to Section 1.11 to read as follows:
'(d) In addition to the corporate boundaries described in subsections (a) and (c) of this section, the corporate boundaries of the city shall also include the following described territory:
Parcel 1: All that tract or parcel of land lying and being in the 264th G. M. District of Franklin County, Georgia, CONTAINING 1.35 acres, more or less, being bounded now or

3706

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

formerly as follows: On the North by lands of Nesbit; on the East and Southeast by lands of Porter; on the Southwest by lands of Nesbit; and on the West by lands of Nesbit.

Said lands being more particularly described in a plat of survey for James Short, dated October 18, 2006, prepared by Bartlett & Cash Land Surveyors, Inc., Registered Land Surveyor, recorded in Plat Book 28, Page 325, Franklin County Public Records.

Parcel II: All that tract or parcel of land lying and being in the 264th G. M. District of Franklin County, Georgia, CONTAINING 3.77 acres, more or less, being bounded now or formerly as follows: On the East and Southeast by right-of-way of State Routes No. 106 and No. 59; on the Southwest by lands ofNesbit; on the East and Northeast by lands of Nesbit; and on the North by lands of Sartain.

Said lands being more particularly described in a plat of survey for Hinton L. Porter and Sue C. Porter, dated December 29, 2006, prepared by Bartlett & Cash Land Surveyors, Inc., Registered Land Surveyor, recorded in Plat Book 28, Page 326, Franklin County Public Records.u

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 2007 session of the General Assembly of Georgia a bill to annex into the City of Carnesville, in the County of Franklin, a certain portion of land consisting of 5.12 acres more or less, located on Ga. Hwy. 59 at its terminus with Busha Road, more particularly described in a plat of survey that may be inspected at Carnesville City Hall, Carnesville, Georgia, 30521; to provide for all matters related thereto; and for all other purposes.
This 22nd day of February, 2007.
Harris N. Little, Mayor City of Carnesville, Georgia
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Alan Powell, who on oath deposes and says that he is the Representative from District 29 and further deposes and says that the attached Notice of Intention to Introduce

GEORGIA LAWS 2007 SESSION

3707

Local Legislation was published in the Franklin County Citizen which is the official organ of Franklin County on February 22, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

s/ ALAN POWELL Alan Powell Representative, District 29

Sworn to and subscribed before me, this 16th day of March 2007.

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

Approved May 16, 2007.

BACON COUNTY- BOARD OF EDUCATION; EDUCATION DISTRICTS.
No. 106 (House Bill No. 756).
AN ACT
To amend an Act entitled "An Act providing for the election of the board of education of Bacon County, approved February 20, 1976 (Ga. L. 1976, p. 2713), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 4823), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act entitled "An Act providing for the election of the board of education of Bacon County, approved February 20, 1976 (Ga. L. 1976, p. 2713), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 4823), is amended by striking in its entirety Section I and inserting in lieu thereof the following:

3708

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

0 SECTION 1. (a) For purposes ofelecting members ofthe board of education, each ofwhom must reside in the district from which the person is to be elected, the Bacon County School District is divided into six education districts. District 1 shall consist of all that territory embraced within the boundaries of Bacon County. Districts 2 through 6 shall be and correspond to those five districts described in and attached to and made a part of this Act and further identified as Plan Name: bacon07p3 Plan Type: Local User: Gina Administrator: Bacon Co. (b) When used in such attachment, the terms 'Tract' and 'BG' (Block Group) shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. The separate numeric designations in a Tract description which are underneath a 'BG' heading shall mean and describe individual Blocks within a Block Group as provided in the report of the Bureau of the Census for the United States decennial census of2000 for the State of Georgia. Any part of the Bacon County School District which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of the Bacon County School District which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of2000 for the State of Georgia. Except as otherwise provided in the description of any education district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2000 for the State of Georgia. (c) Education Districts I through 6, as they exist immediately prior to the effective date of this Act, shall continue to be designated as Education Districts I through 6, respectively, but as newly described under this Act, and on and after the effective date of this Act, such members of the board serving from those former education districts shall be deemed to be serving from and representing their respective districts as newly described under this Act.'

SECTION 2. The Board of Education of Bacon County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.

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

GEORGIA LAWS 2007 SESSION Plan Name: bacon07p3 Plan Type: Local User: Gina Administrator: Bacon Co.

3709

Redistricting Plan Components Report

District 002 Bacon County
Tract: 9701 BG: 3 3029 Tract: 9702 BG: 1 1034 1035 1036 1037 1038 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1999
BG: 3 3003 3004 3005 3006 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3024 3077
BG:4 4000 4001 4002 4003 4010 4011 4012 4013 4014 4015 4016 4017 4022 4023 4024 4030 4031 4032 4033 4034 4037 4038 4039 4040 4041 4042 4043 4044 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 BG: 5 50015002500350045005 5006500750085009501050115012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5054 5055 5999

District 003 Bacon County
Tract: 9702 BG: 1 100010021003100410051006100710081009101010111012 101310141015 1016 1017 1018 1019 10201021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1039 1040 1041 104210431044104510461047104810491050105110521053 10541055 1056 1057 1058 1059 1073 1074 1997 1998 BG:2 2101 2102 2103 2104 2105 2106 2108 2109 2121 2122 2123 2124 2125 2126 2127 2128 2129 2130 2131 BG: 3
300030013002300730233025302630273028302930303031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3071 3074 3075 3998 3999

3710

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

BG:4 4004 4005 4006 4007 4008 4009 4018 4019 4020 4021 4025 4026 4027 4028 4029 4035 4036 4045

District 004 Bacon County
Tract: 9701 BG: I 1046 1047 1055 1056 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3030 3031 3032 3033 3034 3035 3036 303730383039304030413042304330443045304630473048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 3093 3094 3095 3096 3097 3098 3099 3100 3101 3102 3103 3104 3105 3106 3996 3997 3998 3999

District 005 Bacon County
Tract: 9702 BG: 3 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3072 3073 3076 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 3093 3094 3095 3096 3097 3098 3099 3100 3101 3102 3103 3104 3105 3106 3107 3108 3109 3110 3111 3112 3113 3114 3115 3996 3997 BG: 5 5000 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 5039 5040 5041 5042 5043 5044 5045 5046 5047 5048 5049 5050 5051 5052 5053 5997 5998

District 006 Bacon County
Tract: 9701

GEORGIA LAWS 2007 SESSION
BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 10121013 10141015 10161017 1018 1019 102010211022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1048 1049 1050 1051 1052 1053 1054 1057 1058 1059 1070 1071 1072 1073 1074 1075 Tract: 9702 BG: 1 1001 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2107 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2132 2133 2998 2999

3711

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to amend an Act providing for the election of the Board of Education of Bacon County, approved February 20, 1976 (GA 1976, p. 2713), as amended; and for other purposes.
This 28 day of February, 2007.
Representative Tommy Smith I68th District
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 oflntention to Introduce Local Legislation was published in the Alma Times which is the official organ of Bacon

3712

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

County on March 1, 2007, 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 26th day of March 2007.

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

Approved May 16, 2007.

BACON COUNTY - BOARD OF ELECTIONS AND REGISTRATION; CREATION.
No. I07 (House Bill No. 757).
AN ACT
To create a board of elections and registration for Bacon County and provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of its members; to provide for the qualification, terms, and removal of members and for filling vacancies; to provide for oaths and privileges; to relieve certain boards and officers of certain powers and duties and provide for the transfer of functions to the newly created board; to provide for certain expenditures of public funds; to provide for compensation of members of the board and personnel; to provide for officers and equipment; to provide for the board s performance of certain functions and duties for certain municipalities; to provide for related matters; to provide for submission for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

GEORGIA LAWS 2007 SESSION

3713

SECTION 1. Pursuant to Code Section 21-2-40 of the O.C.G.A., there is created the Bacon County Board of Elections and Registration, herein referred to as "the board." The board shall have the powers, duties, and responsibilities of the judge of the probate court of Bacon County under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," and the powers, duties, and responsibilities of the board of registrars of Bacon County under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."

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

SECTION 3. (a) The board shall be composed of five members, each of whom shall be an elector of Bacon County and shall be appointed as provided in this section. (b) Three members of the board shall be selected by the governing authority of Bacon
County. (c) One member of the board shall be appointed by the county executive committee of the political party which received the highest number of votes within the county for its candidate for Governor in the general election immediately preceding the appointment ofsuch member. One member of the board shall be appointed by the county executive committee of the political party which received the second highest number of votes within the county for its candidate for Governor in the general election immediately preceding the appointment of such member. In the event that there is no county executive committee of a political party entitled to make an appointment under this subsection, the appointment on behalf of such political party shall be made by the state executive committee of such party. (d) All appointments to the board shall be promptly certified by the appointing authority of Bacon County to the clerk of the Superior Court of Bacon County. (e) In making the initial appointments to the board, the members shall be appointed not later than June 1, 2007. All members shall serve staggered terms of three years each beginning on July 1 of the year and ending on June 30 of the third year, except for the first board appointed. In making its initial appointments, the governing authority of Bacon County shall clcaignate one of its three appointees to serve a tenn of one year ending on June 30, 2008; the other two appointees of the governing authority of Bacon County shall be appointed for iaitial terms of two years ending on June 30, 2009. The political parties shall designate their appointees to serve initial terms of three years ending on June 30, 2010. As the initial term of each board member expires, a successor board member shall be appointed for a full dane-year term. Notwithstanding anything in this Act to the contrary, each member

3714

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

appointed shall serve until his or her successor is duly appointed and qualified and takes office. All board appointments shall be made at least 30 days prior to the end of the term of the board member whose term is about to expire. (f) The board of commissioners shall select one board member to serve as chairperson and a second member to serve as vice chairperson, both to serve at the pleasure of the board of commissioners. Such chairperson shall preside over all meetings of the board and shall vote. The vice chairperson shall serve in the absence of the chairperson. (g) Three board members present at any duly held or called meeting shall constitute a quorum for transacting all business before the board. (h) Notwithstanding any provision of this Act to the contrary, board members may be removed for cause by the board of commissioners.

SECTION 4. The Bacon County Board of Commissioners shall select and appoint a person as election supervisor to serve at the pleasure of the board of commissioners. The board of commissioners may appoint the chairperson of the board of elections or any other qualified person to serve as election superintendent. The Bacon County Board ofCommissioners shall set the pay and salary of such elections supervisor. The election supervisor or his or her designee shall generally direct and control the administration of the affairs of the board pursuant to law and duly adopted resolutions of the board. The election supervisor shall be supervised by the board of commissioners and shall be deemed to be an at-will employee of the board of commissioners subject to removal at any time, with or without cause, by the board of commissioners of Bacon County. The board of commissioners may also appoint an assistant election supervisor who shall carry out the duties of the election supervisor in the absence of such person.

SECTION 5. Each member of the board shall:
(I) Be eligible to be reappointed to succeed himself or herself; (2) Have the right to resign at any time by giving written notice of his or her resignation to the governing authority of Bacon County; and (3) Serve until his or her successor is appointed and qualified and takes office.

SECTION 6. (a) The appointing authority shall certify the appointment of each member of the board by filing an affidavit with the clerk of the superior court no later than 30 days preceding the date upon which such members are to take office, stating the name and residential address of the person appointed and certifying such member has been duly appointed as provided in this Act. (b) The clerk ofthe superior court shall record each of such certifications on the minutes of the superior court and shall certify the name of each such appointed member to the Secretary

GEORGIA LAWS 2007 SESSION

3715

of State and provide for the issuance of appropriate commissions to the members within the same time and in the same manner as provided by law for registrars.

SECTION 7. (a) In the event a vacancy occurs in the office of any member of the board by removal, death, resignation, or otherwise, except by expiration of term, the applicable appointing authority shall appoint a successor for the remainder of the unexpired term as provided for in Section 3 of this Act. The clerk of the superior court shall be notified of such interim appointments and record and certify such appointments in the same manner as the regular appointment of members. (b) Before entering upon his or her duties, each member of the board shall take substantially the same oath as required by law for registrars. Each member of the board shall have the same privileges from arrest as registrars.

SECTION 8. The first members of the board under this Act shall be appointed as provided in this Act to take office on July 1, 2007. The board shall take no official action until all members have been certified to the clerk of the Superior Court of Bacon County.

SECTION 9. (a) No person who holds elective public office shall be eligible to serve as member of the board during the term of such elective office, and the position of any member of the board shall be deemed vacant upon such member's qualifying as a candidate for elective public office. (b) Members of the board must be residents of Bacon County and must have been registered voters in Bacon County for a period of at least one year prior to the date of appointment to the board.

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

SECTION 11. (a) The board shall be authorized and empowered to organize itself, determine its procedural rules and regulations, adopt bylaws, specify functions and duties of its employees, and otherwise take such action as is appropriate to the management of its affairs; provided, however, than no such action shall conflict with state law. (b) Action and decision by the board shall be by a majority of the members of the board.

3716

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 12. (a) The board shall fix and establish, by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. The board shall hold meetings at a place designated by the commissioners. Any specially called meetings held pursuant to the bylaws adopted by the board shall be held only after notification of the time and place of the holding of such special meeting has been communicated in writing to the election supervisor to provide public notice of the meeting as required by law. All meetings of whatever kind of the board shall be conducted pursuant to Chapter 14 of Title 50 of the O.C.G.A. (b) The board shall maintain a written record of policy decisions amended to include additions or deletions. Such written records shall be available for the public to review pursuant to Article 4 of Chapter 18 of Title 50 of the O.C.G.A.

SECTION 13. Compensation for the members of the board shall be fixed by the board of commissioners, to be payable from the general revenues of Bacon County.

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

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

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

SECTION 17. As soon as practicable, the board of registrars of Bacon County shall deliver to the board all equipment, supplies, materials, books, papers, records, and facilities pertaining to such powers and duties and thereafter shall be relieved ofall powers and duties to which the board

GEORGIA LAWS 2007 SESSION

3717

succeeds by the provisions of this Act. Nothing contained in this Act is intended to prevent the appointment of members of the board, hiring of an elections supervisor, hiring of clerical staff, or any necessary training for the members of the board, the election supervisor, and clerical assistants prior to July 1, 2007.

SECTION 18. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval for purposes of making initial appointments to the board only. This Act shall become fully effective on July I, 2007, or upon receiving preclearance approval under Section 5 of the federal Voting Rights Act of 1965, whichever occurs later.

SECTION 19. 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 2007 session of the General Assembly of Georgia a bill to create a board of elections for Bacon County; to provide for all related matters; and for other purposes.
This 29th day of January, 07.
Tommy Smith Representative !68th District
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 Alma Times which is the official organ of Bacon County on February 1, 2007, and that the notice requirements of Code Section 28-1-14 have been met.
s/ TOMMY SMITH Tommy Smith Representative, District 168

3718

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Sworn to and subscribed before me, this 26th day of March 2007.

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

Approved May 16,2007.

BACON COUNTY- BOARD OF COMMISSIONERS; COMMISSIONER DISTRICTS; FILLING OF VACANCIES; VICE CHAIRPERSON; RECALL; QUORUM; MEETINGS; CLERK AND ASSISTANT CLERK; TAXATION; BUDGET; INVENTORY; PURCHASING; BOND REQUIREMENTS; SALE OF PROPERTY.
No. 108 (House Bill No. 758).
AN ACT
To amend an Act to revise and reenact the law creating a Board of Commissioners of Bacon County, approved April 4, 1991 (Ga. L. 1991, p. 4436), as amended, so as to change the description ofthe commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to revise vacancy provisions; to revise vice chairperson provisions; to revise recall provisions; to revise quorum provisions; to revise extra sessions or special meetings provisions; to revise provisions relating to the clerk and assistant clerk; to provide for returns to the governing authority; to repeal certain tax requirements; to change provisions relating to the budget; to repeal certain provisions relating to quarterly publishing of the balance sheet and operating statement; to provide for annual update of all county property; to clarify the purchasing policy; to revise public improvement provisions to reference general law; to clarify that contracting and bidding requirements shall comply with general law; to change the bond requirements to comply with general law; to clarify performance bonds shall be required pursuant to general law; to clarify that duties of the county relating to certain county structures comply with general law requirements; to update provisions relating to the sale of county real property to comply with general law; to repeal provisions relating to review of legislation by superior court judge; to provide for submission and an effective date; to repeal conflicting laws; and for other purposes.

GEORGIA LAWS 2007 SESSION BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

3719

SECTION 1. An Act to revise and reenact the law creating a Board of Commissioners of Bacon County, approved April4, 1991 (Ga. L. 1991, p. 4436), as amended, is amended by revising Section 1 in its entirety to read as follows:

"SECTION 1. (a) Those members of the Board of Commissioners of Bacon County who are serving as such immediately prior to the effective date of this Act and any person selected to fill a vacancy in any such office shall continue to serve as such members until the regular expiration oftheir respective terms ofoffice and upon the election and qualification oftheir respective successors. On and after the effective date of this Act, the Board of Commissioners ofBacon County shall consist ofsix members all ofwhom shall be elected from commissioner districts described in subsection (b) of this section. (b) For purposes of electing members of the board other than the chairperson, each of whom must reside in the district from which the person is to be elected, Bacon County is divided into six commissioner districts. District 1 shall consist of all that territory embraced within the boundaries of Bacon County. Districts 2 through 6 shall be and correspond to those five districts described in and attached to this Act and made a part hereof and further identified as Plan Name: bacon07p3 Plan Type: Local User: Gina Administrator: Bacon Co. (c) When used in such attachment, the terms 'Tract' and 'BG' (Block Group) shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. The separate numeric designations in a Tract description which are underneath a 'BG' heading shall mean and describe individual Blocks within a Block Group as provided in the report of the Bureau of the Census for the United States decennial census of2000 for the State of Georgia. Any part of Bacon County which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of Bacon County which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of2000 for the State of Georgia. Except as otherwise provided in the description of any district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2000 for the State of Georgia."

3720

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 2. Said Act is further amended by revising Section 2 in its entirety to read as follows:

'SECTION 2. (a) The members ofthe reconstituted Board of Commissioners of Bacon County shall be elected as provided in this subsection. The chairperson and the first members from Commissioner Districts 2 and 5 shall be elected at the general election on the Tuesday next following the first Monday in November, 2008. The chairperson and those members ofthe board elected thereto from Commissioner Districts 2 and 5 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, 2012, and upon the election and qualification of their respective successors. The first members from Commissioner Districts 3, 4, and 6 shall be elected at the general election on the Tuesday next following the first Monday in November, 2010. Those members of the board elected thereto from Commissioner Districts 3, 4, and 6 in 2010 shall take office the first day ofJanuary immediately following that election and shall serve for initial terms ofoffice which expire December 31, 2014, and upon the election and qualification of their respective successors. Those and all future successors to members of the board whose terms of office are to expire shall be elected at the time of the state-wide general election immediately preceding the expiration of such terms, shall take office the first day of January immediately following that election, and shall serve for terms of office of four years each. Members of the board shall serve for the terms ofoffice specified therefor in this subsection and until their respective successors are elected and qualified. (b) All members of the board who are elected thereto shall be nominated and elected in accordance with Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the 'Georgia Election Code.' (c) Commissioner Districts 1, 2, 3, 4, 5, and 6, as they exist immediately prior to the effective date of this Act, shall continue to be designated as Commissioner Districts 1, 2, 3, 4, 5, and 6, respectively, but as newly described under this Act, and on and after the effective date of this Act, such members of the board serving from those former commissioner districts shall be deemed to be serving from and representing their respective districts as newly described under this Act.'

SECTION 3. Said Act is further amended by revising Section 3 in its entirety to read as follows:

"SECTION 3. (a) No person shall be a member of the board if that person is ineligible for such office pursuant to Code Section 45-2-1 of the Official Code of Georgia Annotated or any other general law applicable to that office.

GEORGIA LAWS 2007 SESSION

3721

(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 ofthat commissioner district may vote for a member ofthe 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 ofthe 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 Bacon County and, if elected, must receive the number of votes cast for that office as required by general law in the entire county. The chairperson must continue to reside within the county during that persons term of office or that office shall become vacant.'

SECTION 4. Said Act is further amended by revising Section 6 in its entirety to read as follows:

'SECTION 6. (a) Any vacancy in office upon the board which occurs for any reason other than expiration of term shall be filled as follows:
( 1) If the vacancy occurs during the final 24 months of a term of office, within 30 days after such occurrence, the remaining members of the board shall appoint a person to fill such vacancy; or (2) If the vacancy occurs at any time prior to the time specified in paragraph (1) of this subsection, within 30 days after such occurrence, the remaining members of the board shall appoint a person to fill such vacancy until a successor is elected at a special election and qualified, which special election shall be held on the same date as the state-wide general election which is first held following the date of the vacancy. (b) Any person appointed to fill a vacancy in office pursuant to subsection (a) of this section shall meet the same eligibility requirements specified for persons who are elected to such office. Any person appointed to fill a vacancy under paragraph (1) of subsection (a) of this section or elected to fill a vacancy under paragraph (2) of subsection (a) of this section shall serve out the remainder of the unexpired term and until
a successor is elected and qualified.'

SECTION 5. Said Act is further amended by revising subsection (a) of Section 7 to read as follows:
(a) At the first regular meeting each January, the board of commissioners shall by majority vote elect one of their members as vice chairperson. The vice chairperson shall serve at the pleasure of the majority of the members of the board and may be removed at

3722

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

any time without notice, cause, or hearing. If the chairperson dies, resigns, or is removed from office, the vice chairperson shall assume the duties of the chairperson until such vacancy has been filled according to the provisions of this Act."

SECTION 6. Said Act is further amended by revising Section 8 in its entirety to read as follows:

"SECTION 8. Each member of the board of commissioners shall be subject to recall at any time after his or her election according to the provisions of Chapter 4 of Title 21 of the Official Code of Georgia Annotated."

SECTION 7. Said Act is further amended by revising Section 10 in its entirety to read as follows:

"SECTION I 0. All regular meetings of the board of commissioners shall be held at a date and time to be adopted by majority vote of the commissioners in the office of said board or at a date and time to be adopted by the majority of the commissioners in office of said board or at a pre-announced place on the courthouse premises in Bacon County, Georgia, and said meetings may be adjourned from day to day until all business is completed. Any commissioner who fails to attend a monthly meeting forfeits his or her monthly salary for the month in which the meeting was missed. If any commissioner attends only part of a regularly scheduled meeting, the other commissioners shall decide whether or not to pay said commissioner. The majority of said commissioners shall decide on the validity of an excuse. Extra session or special meetings may be held at any time on the call of the chairperson of the board. Whenever a special meeting is called, notice shall be given by the clerk of the board to each member of the board, in writing, setting forth the date and the place of the meeting and the purpose for which the same is called, and no business shall be transacted at such special meetings except such as is given in the notice without the unanimous consent of the entire board of commissioners. Notice and purpose of meetings may be waived. All such notices shall be served by leaving the same at the home of each member or by delivering the same to him or her in person. All meetings, both regular and special, shall be open to the public; provided, however, that the board shall have the right to hold executive session; provided, further, that no official action or vote on any proposition or question coming before the board shall be taken at any other than a public meeting."

SECTION 8. Said Act is further amended by revising Section 12 in its entirety to read as follows:

GEORGIA LAWS 2007 SESSION

3723

'SECTION 12. It shall be the duty of the board of commissioners at the first regular meeting in each year to appoint a clerk of the board of commissioners. The board shall also have the power and authority to appoint an assistant clerk if it deems the same necessary. The salary of the clerk and the assistant clerk shall be fixed by the board of commissioners, and they shall serve at the pleasure of a majority of the board and may be removed at any time without notice, statement, or proof of cause. No member of the board of commissioners shall be eligible to hold the office of clerk during his or her continuance in office nor within 12 months after the expiration of the term nor within 12 months after resignation or removal from the office of commissioner.'

SECTION 9. Said Act is further amended by repealing and reserving Section 15, relating to certain duties of the clerk, in its entirety.

SECTION 10. Said Act is further amended by revising Section 18 in its entirety to read as follows:

'SECTION 18. All county officers of the various departments of Bacon County shall make a return, under oath, to the governing authority of Bacon County, setting forth a just and true statement of the amount of money received by them belonging to said county and the sources from which the same was received; also, the expenditures, accompanied with proper vouchers.'

SECTION 11. Said Act is further amended by repealing and reserving Section 22, relating to tax requirements, in its entirety.

SECTION 12. Said Act is further amended by revising Section 23 in its entirety to read as follows:

'SECTION 23. The board of commissioners shall annually, not later than the first regular meeting in March of each year, adopt a budget as provided for in Article 1 of Chapter 81 of Title 36 of the Official Code of Georgia Annotated.'

SECTION 13. Said Act is further amended by repealing and reserving Section 29, relating to quarterly publishing of the balance sheet and operating statement, in its entirety.

3724

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 14. Said Act is further amended by revising Section 30 in its entirety to read as follows:

"SECTION 30. An annual update shall be made by the board of commissioners of all property belonging to Bacon County, both real and personal, and kept in an inventory book for public inspection."

SECTION 15. Said Act is further amended by revising Section 34 in its entirety to read as follows:

"SECTION 34. A purchasing policy shall be adopted by the Board of Commissioners of Bacon County by ordinance."

SECTION 16. Said Act is further amended by revising Section 37 in its entirety to read as follows:

"SECTION 37. The building, altering, repairing, improving, or demolishing of any public structure or building or other public improvements of any kind to any public real property, other than road projects, shall be governed by the provisions of Article 2 of Chapter 91 of Title 36 of the Official Code of Georgia Annotated. Road projects shall be governed by Chapter 4 of Title 32 of the Official Code of Georgia Annotated."

SECTION 17. Said Act is further amended by revising Section 38 in its entirety to read as follows:

"SECTION 38. Contracting and bidding requirements shall be conducted pursuant to Article 2 of Chapter 91 of Title 36 of the Official Code of Georgia Annotated."

SECTION 18. Said Act is further amended by revising Section 39 in its entirety to read as follows:

"SECTION 39. In the event a contractor is required to give bond, the provisions of Article 3 of Chapter 91 of Title 36 of the Official Code of Georgia Annotated shall apply to such bonds."

SECTION 19. Said Act is further amended by revising Section 40 in its entirety to read as follows:

GEORGIA LAWS 2007 SESSION

3725

"SECTION 40. Performance bonds shall be required as specified under Part 3 of Article 3 of Chapter 91 of Title 36 of the Official Code of Georgia Annotated."

SECTION 20. Said Act is further amended by revising Code Section 42 in its entirety to read as follows:

"SECTION 42. It is the duty of the Board of Commissioners of Bacon County to erect or repair, when necessary, their respective courthouses and jails and all other necessary county buildings and to furnish each with all the furniture necessary for the different rooms, offices, or cells and to further comply with Code Section 36-9-5 of the Official Code of Georgia Annotated."

SECTION 21. Said Act is further amended by revising Section 45 in its entirety to read as follows:

"SECTION 45. The sale or disposition of Bacon County real property shall be governed by the provisions of Code Section 36-9-3 of the Official Code of Georgia Annotated."

SECTION 22. Said Act is further amended by repealing and reserving Section 49, relating to review of legislation by the superior court judge, in its entirety.

SECTION 23. The governing authority of Bacon County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.

SECTION 24. All laws and parts of laws in conflict with this Act are repealed.

Plan Name: bacon07p3 Plan Type: Local User: Gina Administrator: Bacon Co.

Redistricting Plan Components Report

District 002 Bacon County

3726

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Tract: 9701 BG: 3 3029 Tract: 9702 BG: 1 1034 1035 1036 1037 1038 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1999 BG: 3 3003 3004 3005 3006 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3024 3077 BG: 4 4000 4001 4002 4003 4010 4011 4012 4013 4014 4015 4016 4017 4022 4023 4024 4030 4031 4032 4033 4034 4037 4038 4039 4040 4041 4042 4043 4044 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 BG: 5 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5054 5055 5999

District 003 Bacon County
Tract: 9702 BG: 1 1000 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 10 17 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1073 1074 1997 1998 BG: 2 2101 2102 2103 2104 2105 2106 2108 2109 2121 2122 2123 2124 2125 2126 2127 2128 2129 2130 2131 BG: 3 3000 3001 3002 3007 3023 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3071 3074 3075 3998 3999 BG:4 4004 4005 4006 4007 4008 4009 4018 4019 4020 4021 4025 4026 4027 4028 4029 4035 4036 4045

District 004 Bacon County

GEORGIA LAWS 2007 SESSION
Tract: 9701 BG: 1 1046 1047 1055 1056 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 BG:2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3030 3031 3032 3033 3034 3035 3036 303730383039304030413042304330443045304630473048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 306130623063306430653066306730683069307030713072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 3093 3094 3095 3096 3097 3098 3099 3100 3101 3102 3103 3104 3105 3106 3996 3997 3998 3999
District 005 Bacon County
Tract: 9702 BG: 3 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 305730583059306030613062306330643065306630673068 3069 3070 3072 3073 3076 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 3093 3094 3095 3096 3097 3098 3099 3100 3101 3102 3103 3104 3105 3106 3107 3108 3109 3110 31113112 3113 3114 3115 3996 3997 BG: 5 500050225023502450255026502750285029503050315032 5033 5034 5035 5036 5037 5038 5039 5040 5041 5042 5043 5044 5045 5046 5047 5048 5049 5050 5051 5052 5053 5997 5998
District 006 Bacon County
Tract: 9701 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1048 1049 1050 1051 1052 1053 1054 1057 1058 1059 1070 1071 1072 1073

3727

3728

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

1074 1075 Tract: 9702 BG: 1 1001 BG: 2 2000 200 I 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 20212022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2107 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2132 2133 2998 2999

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to amend an Act revising and reenacting the law creating a Board of Commissioners of Bacon County, approved April 4, 1991 (Ga. L. 1991, p. 4436), as amended; and for other purposes.
This 29th day of January, 07.
Tommy Smith Representative !68th District
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 Alma Times which is the official organ of Bacon County on February I, 2007, and that the notice requirements of Code Section 28-1-14 have been met.
s/ TOMMY SMITH Tommy Smith Representative, District 168

GEORGIA LAWS 2007 SESSION
Sworn to and subscribed before me, this 26th day of March 2007.
sf DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 16,2007.

3729

HARRIS COUNTY -CORONER; COMPENSATION.
No. 109 (House Bill No. 761).
AN ACT
To amend an Act placing the coroner of Harris County upon a monthly salary, approved March 10, 1964 (Ga. L. p. 2623), as amended, so as to fix the compensation of the coroner; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act placing the coroner of Harris County upon a monthly salary, approved March I0, 1964 (Ga. L. p. 2623), as amended, is amended by revising subsection (a) of Section I as follows:
'(a) The coroner of Harris County shall receive an annual salary of $12,000.00, payable in equal monthly installments of $1 ,000.00, in lieu of the fee system of compensation formerly allowed said officer. Except as provided in this section, the salary shall be in lieu of all fees, commissions, emoluments, and perquisities of whatever kind formerly allowed the coroner for his or her services."
SECTION 2. This Act shall become effective on January 1, 2009.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

3730

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 2007 regular session of the General Assembly of Georgia a bill to provide an increase in the annual salary of the Coroner of Harris County; to provide for related matters; to repeal conflicting laws; and for other purposes.

This 17th day of January, 2007.

Representative Vance Smith, Jr. !29th District

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Vance Smith, who on oath deposes and says that he is the Representative from District 129 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Harris County Journal which is the official organ of Harris County on January 25, 2007, and that the notice requirements ofCode Section 28-1-14 have been met.

s/ VANCE SMITH Vance Smith Representative, District 129

Sworn to and subscribed before me, this 2nd day of March 2007.

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

Approved May 16, 2007.

GEORGIA LAWS 2007 SESSION

3731

CITY OF BUCHANAN- HOMESTEAD EXEMPTION; CITY TAXES; SENIOR CITIZENS; REFERENDUM.

No. 110 (House Bill No. 771).

AN ACT

To provide for a homestead exemption from City of Buchanan ad valorem taxes for municipal purposes in the amount of $35,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. (a) As used in this Act, the term:
(1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf ofthe City of Buchanan, 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 Buchanan who is a senior citizen is granted an exemption on that person's homestead from City of Buchanan ad valorem taxes for municipal purposes in the amount of $35,000.00 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 Buchanan, 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 Buchanan, 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 Buchanan, 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

3732

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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 Buchanan, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2008.

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Buchanan 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 Buchanan for approval or rejection. The municipal election superintendent shall conduct that election on the date of the November, 2007, municipal general election and shall issue the call and conduct that election as provided by general Jaw. 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 Haralson 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 Buchanan ad valorem taxes for municipal purposes in the amount of
( ) NO $35,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or over?''
All persons desiring to vote for approval of the Act shall vote "Yes," and 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, 2008. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Buchanan. 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 Jaw without such approval.

GEORGIA LAWS 2007 SESSION
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

3733

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that the City of Buchanan has authorized the introduction of legislation in the 2007 Session of the Georgia General Assembly to authorize a homestead exemption on property owned by certain city residents. Specifically, the City has authorized legislation that would give residents of the City of Buchanan age 65 and older a homestead exemption, to be applied toward their City taxes on their residence. This legislation does not include any income restrictions. The legislation is to be introduced pursuant to the authority of Art. VII, Sec. II, Par. II of the Georgia Constitution. If the legislation successfully passes the General Assembly, then a referendum will be held in the City of Buchanan on this question at the regular municipal election on November 6, 2007. This notice is published pursuant to the requirements ofO.C.G.A. 28-1-14 and related principles of Georgia law and as a supplement to a prior notice that published on March 7, 2007.
Robert T. Monroe McRae, Stegall, Pock, Harman, Smith & Manning, LLP Attorneys for the City of Buchanan P.O. Box 418 Cedartown, Georgia 30125 (770) 749-6723
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Howard Maxwell, who on oath deposes and says that he is the Representative from District 17 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Haralson Gateway Beacon which is the official organ of Haralson County on March 15, 2007, and that the notice requirements of Code Section 28-1-14 have been met.
s/ HOWARD MAXWELL Howard Maxwell Representative, District 17

3734

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Sworn to and subscribed before me, this 27th day of March 2007.

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

Approved May 16, 2007.

GILMER COUNTY- BOARD OF COMMISSIONERS; STAGGERED ELECTIONS.
No. 111 (House Bill No. 783).
AN ACT
To amend an Act creating the board of commissioners of Gilmer County, approved March 27, 1995 (Ga. L. 1995, p. 3824), as amended, so as to provide for staggered election of the members of the board of commissioners; to provide for continuation in office of the current chairperson and members of the board ofcommissioners; to provide for election and terms of office of successors; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the board of commissioners of Gilmer County, approved March 27, 1995 (Ga. L. 1995, p. 3824), as amended, is amended by revising subsection (d) of Section 2 as follows:
'SECTION 2. (d)( 1) Those members of the board of commissioners of Gilmer County who are serving as such on December 31, 2007, and any person selected to fill a vacancy in any such office shall continue to serve as such members until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors. (2) The members ofthe reconstituted board ofcommissioners ofGilmer County shall be elected as provided in this subsection. The first chairperson and the first member from

GEORGIA LAWS 2007 SESSION

3735

commissioner Post 2 shall be elected at the general election on the Tuesday next following the first Monday in November, 2008. The chairperson and the member of the board elected thereto from commissioner Post 2 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 respective successors. The first member from commissioner Post 1 shall be elected at the general election on the Tuesday next following the first Monday in November, 2008. The member of the board elected thereto from commissioner Post 1 in 2008 shall take office the first day of January immediately following that election and shall serve for an initial term of office which expires December 31, 2012, and upon the election and qualification of such member's successor. Those and all future successors to the chairperson and members of the board whose terms of office are to expire shall be elected at the time of the state-wide general election immediately preceding the expiration of such terms, shall take office the first day of January immediately following that election, and shall serve for terms of office of four years each. The chairperson and members of the board shall serve for the terms of office specified therefor in this subsection and until their respective successors are elected and qualified.'

SECTION 2. The board of commissioners of Gilmer County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.

SECTION 3. A!llaws 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 2007 Session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Gilmer County, approved March 27, 1995 (Ga. Laws 1995, p. 3824), as amended, so as to provide for staggered election of the board of commissioners; to change the term of office of the chairperson and the post 2 commissioner; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.

3736

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

This 23 d day of February, 2007.

Representative David Ralston Georgia House of Representatives House District 7

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 March 1, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

sf DAVID RALSTON David Ralston Representative, District 7

Sworn to and subscribed before me, this 20th day of March, 2007.

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

Approved May 16, 2007.

CITY OF RIVERDALE- REDEVELOPMENT POWERS; REFERENDUM.
No. 112 (House Bill No. 784).
AN ACT
To authorize the City of Riverdale 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

GEORGIA LAWS 2007 SESSION

3737

provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting Jaws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. The City of Riverdale 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 Riverdale to undertake and carry out community redevelopment, to create tax allocation districts, to issue tax allocation bonds, and to incur other obligations within the meaning of and as fully permitted under the provisions of Article IX, Section II, Paragraph VII(b) of the Constitution of the State of Georgia of 1983, as amended, and to authorize the City of Riverdale 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 ofthe City ofRiverdale 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 Riverdale for approval or rejection. The municipal election superintendent shall conduct that election on the third Tuesday in September, 2007, 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 Clayton County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which authorizes the City ofRiverdale to exercise redevelopment powers under the 'Redevelopment Powers Law,' as it may
( ) NO be amended from time to time?"
All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section I of this Act shall become of full force and effect immediately. If Section I of this Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective, and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Riverdale. It shall be the municipal election superintendent's duty to certify the result thereof to the Secretary of State.

3738

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to authorize the City of Riverdale 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; and for other purposes.
This
NOTICE OF LOCAL LEGISLATION This notice must be published one time in the county legal organ.
If the bill affects a city charter or a county commissioner law, a copy of the notice must be provided to the city or county no later than seven days after publication.
A copy of the published notice and the date of publication must be attached to the bill.
For more information call the State of Georgia Office of Legislative Counsel at 404-6J6-500fJ.
A BILL TO BE ENTITLED AN ACT
To authorize the City of Riverdale 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 2007 SESSION SECTION 1.

3739

The City of Riverdale 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 Riverdale to undertake and carry out community redevelopment, to create tax allocation districts, to issue tax allocation bonds, and to incur other obligations within the meaning of and as fully permitted under the provisions of Article IX, Section II, Paragraph VII(b) of the Constitution of the State of Georgia of 1983, as amended, and to authorize the City of Riverdale 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" may now or hereafter permit and not 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 River dale 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

Riverdale for approval or rejection. The municipal election superintendent shall conduct that

election on the third Tuesday in June, 2007, 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 Clayton County. The ballot shall have written or

printed thereon the words:

( ) YES Shall the Act be approved which authorizes Riverdale to exercise

redevelopment powers under the 'Redevelopment Powers Law,

( ) NO

as it may be amended from time to time'?"

All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring

to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on

such question are for approval of the Act, then Section 1 of this Act shall become of full

force and effect immediately. If Section 1 of this Act is not so approved or ifthe election is

not conducted as provided in this section, Section 1 of this Act shall not become effective,

and this Act shall be automatically repealed on the first Jay of January immediately following

that election date. The expense of such election shall be borne by the City of Riverdale. It

shall be the municipal election superintendent's duty to certify the result thereof to the

Secretary of State.

3740

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 3.

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

SECTION 4.

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

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Darryl Jordan, who on oath deposes and says that he is the Representative from District 77 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the News Daily which is the official organ of Clayton County on March 23,2007, and that the notice requirements of Code Section 28-1-14 have been met.

s/ DARRYL JORDAN Darryl Jordan Representative, District 77

Sworn to and subscribed before me, this 27th day of March 2007.

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

Approved May 16, 2007.

GEORGIA LAWS 2007 SESSION
HARRIS COUNTY- HOMESTEAD EXEMPTION; COUNTY AND SCHOOL TAXES; QUALIFICATIONS; APPLICABILITY; REFERENDUM.

3741

No. 113 (House Bill No. 788).

AN ACT

To amend an Act providing a homestead exemption from Harris County ad valorem taxes for county purposes for residents who are 65 years of age or over or disabled and meet certain income qualifications, approved April I, 1994 (Ga. L. 1994, p. 4551 ), so as to change the qualifications for the exemptions and the amount of the exemption; to provide for applicability of the exemption to ad valorem taxes for educational purposes levied by, for, or on behalf of the Harris County school district; to provide for related matters; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act providing a homestead exemption from Harris County ad valorem taxes for county purposes for residents who are 65 years of age or over or disabled and meet certain income qualifications, approved April I, 1994 (Ga. L. 1994, p. 4551), is amended by revising paragraph (1) of Section 1 as follows:
'( 1) 'Ad valorem taxes for county purposes' means ad valorem taxes for county purposes levied by, for, or on behalf of Harris County, including taxes to retire bonded indebtedness, and 'ad valorem taxes for school purposes' means ad valorem taxes for educational purposes levied by, for, or on behalf of the Harris County school district, including taxes to retire bonded indebtedness.'

SECTION 2. Said Act is further amended by revising Sections 2, 5, and 7 as follows:
'SECTION 2. (a) Each resident of Harris County who is disabled or 65 years of age or older is granted:
( 1) An exemption on that person's homestead from Harris County ad valorem taxes for county purposes in the amount of $20,000.00 of the assessed value of that homestead for taxable years beginning on or after January 1, 2009, if that person's gross income, together with the income ofthe spouse ofsuch person who resides within such household does not exceed $50,000.00 for the immediately preceding taxable year; and (2) An exemption from Harris County ad valorem taxes for school purposes in the amount of $10,000.00 of the assessed value of that homestead for the taxable year

3742

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

beginning January 1, 2009, and in the amount of$20,000.00 of the assessed value of that homestead for taxable years beginning on or after January I, 2010, if that person's gross income, together with the income of the spouse of such person who resides within such homestead, does not exceed $35,000.00 for the immediately preceding taxable year. (b) In the case of a homestead which is jointly owned by a person and such person's spouse, the exemption authorized by this section shall apply to any such homestead ifeither spouse is 65 years of age or older or disabled."
"SECTION 5. The exemption granted by this Act shall not apply to or affect any state taxes or municipal taxes."
"SECTION 7. The exemption granted by this Act shall apply to all taxable years beginning on or after January I, 2009."

SECTION 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Harris County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Harris County and the Harris County school district for approval or rejection. The election superintendent shall conduct that election on the date of the November, 2008, 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 Harris County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act be approved which increases the homestead exemption from Harris County taxes from $10,000.00 to $20,000.00 for taxable years beginning on or after January I, 2009, for qualified residents who are blind, disabled, or 65 years of age or older and whose gross income together with the gross income of such person's spouse who resides in such homestead does not exceed $50,000.00; and to provide for a homestead exemption

from Harris County ad valorem taxes for school purposes in the amount of $10,000.00 of the assessed value of that homestead for the taxable year beginning January I, 2009, and in the amount of$20,000.00 of the assessed value of that homestead for taxable years beginning on or after January I,

2010, if that person's gross income, together with the income of the spouse of such person who resides within such homestead, does not exceed

$35,000.00 for the immediately preceding taxable year; and to supersede the current homestead exemption relative to residents who are 65 or older?"

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 th'e votes cast on

GEORGIA LAWS 2007 SESSION

3743

such question are for approval of the Act, Sections 1 and 2 of this Act shall become of full force and effect on January 1, 2009. If the Act is not so approved or if the election is not conducted as provided in this section, Sections 1 and 2 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Harris County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

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

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to amend an Act providing a homestead exemption from Harris County ad valorem taxes for county purposes for residents who are 65 years of age or over or disabled and meet certain income qualifications, approved April 1, 1994 (Ga. L. 1994, p. 4551 ), so as to change the qualifications for the exemption and the amount of the exemption; to provide for applicability or the exemption to ad valorem taxes for educational purposes levied by, for, or on behalf of the Hall is County school district; to provide for related matters; to provide for a referendum and for other purposes.
This 2nd day of March, 2007
Representative Vance C. Smith, 129th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Vance Smith, who on oath deposes and says that he is the Representative from District 129 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Harris County Journal which is the official organ of Harris County on March 8, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

3744

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

sf VANCE SMITH Vance Smith Representative, District 129

Sworn to and subscribed before me, this 28th day of March, 2007.

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

Approved May 16, 2007.

CITY OF ALBANY- REDEVELOPMENT POWERS; REFERENDUM.
No. 114 (House Bill No. 796).
AN ACT
To authorize the City of Albany to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The City of Albany 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 Albany to undertake and carry out community redevelopment, to create tax allocation districts, to issue tax allocation bonds, and to incur other obligations within the meaning of and as fully permitted under the provisions of Article IX, Section II, Paragraph VII(b) of the Constitution of the State of Georgia of 1983, as amended, and to authorize the City of Albany 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."

GEORGIA LAWS 2007 SESSION

3745

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Albany 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 Albany for approval or rejection. The election superintendent shall conduct that election on a practicable date in 2007 authorized under O.C.G.A. Section 21-2-540 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 Dougherty County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which authorizes the City of Albany to exercise redevelopment powers under the 'Redevelopment Powers Law,' as it may
( ) NO 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 Albany. 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 2007 regular session of the General Assembly of Georgia a bill to provide that the City of Albany shall be authorized to exercise all redevelopment and other powers under the Redevelopment Powers Law, as it may be amended from time to time; to provide for a referendum; to repeal conflicting laws, and for other purposes.

3746

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

This 19th day of January, 2007.

C. NATHAN DAVIS City Attorney Suite 355-A 201 W. Oglethorpe Blvd. Albany, Georgia 31701 (229) 431-2005

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Winfred J. Dukes, who on oath deposes and says that he is the Representative from District 150 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Albany Herald which is the official organ of Dougherty County on February 11, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

s/ WINFRED J. DUKES Winfred J. Dukes Representative, District 150

Sworn to and subscribed before me, this 29th day of March 2007.

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

Approved May 16, 2007.

GEORGIA LAWS 2007 SESSION CITY OF STATESBORO- CORPORATE LIMITS.

3747

No. 115 (House Bill No. 799).

AN ACT

To amend an Act creating a new charter for the City of Statesboro, approved March 26, 1987 (Ga. L. 1987, p. 4557), as amended, so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating a new charter for the City of Statesboro, approved March 26, 1987 (Ga. L. 1987, p. 4557), as amended, is amended by inserting a new Section 1.3 to read as follows:
uSECTION 1.3. In addition to any other property included within the corporate limits of the City of Statesboro, such corporate limits shall also include the following property:
All that certain tract or parcel of land lying and being in the 1209th G .M. District of Bulloch County, City ofStatesboro, Georgia containing 12.20 acres according to a survey by Thomas M. Lewis, Land Surveyor, for Paul Walker dated December 16, 2003 and recorded in Plat Book 62, page 162, Bulloch County, Georgia Records. Said survey is incorporated herein for all purposes of description.8

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 2007 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Statesboro, approved March 26, 1987 (Ga. L. 1987, p. 4557), as amended; and for other purposes.
This 21 day of March 2007
Judy M. McCorkle City Clerk

3748

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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 Statesboro Herald which is the official organ of Bulloch County on March 23, 2007, 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 27th day of March 2007.

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

Approved May 16, 2007.

CITY OF PORT WENTWORTH- CITY COUNCIL; METHOD OF ELECTION; ADVISORY REFERENDUM.
No. 151 (Senate Bill No. 31).
AN ACT
To provide for an advisory referendum election to be held in the City of Port Wentworth for the purpose of determining whether the members of the city council should be elected by district; to determine whether the electors approve the shortening of terms of elected councilmembers; to provide for a declaration of public purpose; to provide for the submission of this Act to the United States Department of Justice for preclearance; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

GEORGIA LAWS 2007 SESSION

3749

SECTION 1. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Port Wentworth shall call and conduct an election as provided in this section for the purpose of submitting an advisory question to the voters of the City of Port Wentworth. The election superintendent shall conduct that election on the Tuesday next following the first Monday in November, 2007, 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 the City of Port Wentworth. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Are you in favor of the election of members of the city council of the City of Port Wentworth by district instead of the present at-large method of election with the first such election taking place at the municipal election in 2009, and to cut short the terms of those members elected at the municipal election held in 2007?"

All persons desiring to vote for election of the members of the city council by district shall vote "Yes," and those persons desiring to vote for retaining the present at-large method of election ofthe members of the city council shall vote "No." The expense of such election shall be borne by the City of Port Wentworth. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

SECTION 2. It is found, determined, and declared that the holding of the advisory referendum election provided for in this Act is in all respects for the benefit of the people of the City of Port Wentworth and is for a public purpose and is an essential governmental function for which public funds may be expended.

SECTION 3. The governing authority of the City of Port Wentworth shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.

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

3750

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced of the regular 2007 session of the General Assembly of Georgia, a bill to amend an Act incorporating the City of Port Wentworth, approved February 6, 1957 (GA. L. 1957, page 2003), as amended and for other purposes.

This 18th day of December, 2006

Senator Regina Thomas

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Regina Thomas, who on oath deposes and says that she is the Senator from District 2 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Savannah Morning News which is the official organ of Chatham County on December 20, 2006, and that the notice requirements of Code Section 28-1-14 have been met.

s/ REGINA THOMAS Regina Thomas Senator, District 2

Sworn to and subscribed before me, this 22nd day of January 2007.

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

Approved May 18, 2007.

GEORGIA LAWS 2007 SESSION
GWINNETT COUNTY- GWINNETT COUNTY STORM-WATER AUTHORITY; CREATION.

3751

No. 152 (Senate Bill No. 147).

AN ACT

To create the Gwinnett County Storm-water Authority; to authorize the storm-water authority to acquire, construct, add to, extend, improve, operate, and maintain storm-water management systems and facilities, and any and all other related facilities; to confer powers and to impose duties on the storm-water authority; to provide for the members of the storm-water authority and their term of tenure and compensation; to authorize the storm-water authority to contract with others pertaining to the use of the systems and facilities of the storm-water authority and to execute leases and do all things deemed necessary or convenient for the operation of such undertakings or projects; to authorize the issuance of revenue bonds or obligations of the storm-water authority, payable from the revenues, tolls, fees, charges, and earnings of the storm-water authority and to pay the cost of such undertakings or projects and to authorize the collection and pledging of the revenues and earnings of the storm-water authority for the payment of such bonds or obligations and to authorize the execution of resolutions and trust indentures to secure the payment thereof and to define the rights of the holders of such bonds or obligations; to provide that no debt ofGwinnett County or any municipality in Gwinnett County shall be incurred in the exercise of any of the powers granted by this Act; to make the bonds or obligations of the storm-water authority exempt from taxation; to authorize the issuance of refunding bonds or obligations; to fix the venue or jurisdiction of actions relating to any provisions of this Act and to provide that such bonds or obligations be validated as authorized by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law;" to provide for liberal construction; to provide for severability; 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 "Gwinnett County Storm-water Authority Act."

3752

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2. Gwinnett County Storm-water Authority.

(a) There is created a body corporate and politic to be known as the Gwinnett County Storm-water Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation by that name, style, and title and such body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity, except that the storm-water authority or the trustee acting under the trust indenture shall in no event be liable for any torts committed by any of the officers, agents, or employees ofthe storm-water authority. The storm-water authority shall make rules and regulations for its own government. It shall have perpetual existence. The storm-water authority is granted the same exemptions and exclusions from taxes as are now granted to cities and counties for the operation by the storm-water authority as provided under the provisions of this Act. (b) The storm-water authority shall consist of seven members who shall be resident freeholders of Gwinnett County and who shall either have scientific training or have demonstrated experience with storm-water issues. Five of the members of the storm-water authority, members I through 5, inclusive, shall be selected at large and appointed by the Board of Commissioners of Gwinnett County. The Board of Commissioners of Gwinnett County, by a majority vote and for cause, may remove any of members 1 through 5, inclusive, before the expiration of that member's term. Two members of the storm-water authority, members 6 and 7, shall be nominated by the majority vote of a committee composed of the mayor of each incorporated municipality that has agreed for Gwinnett County to provide storm-water services within its boundaries and shall be appointed to the storm-water authority by the Board ofCommissioners ofGwinnett County. The initial terms of office of members I, 3, 5, and 7 shall be from their date of appointment until December 31, 2009, and until their respective successors are selected and qualified. The initial terms of office of members 2, 4, and 6 shall be from their date of appointment until December 31, 2008, and until their respective successors are selected and qualified. (c) Thereafter, all members selected and appointed shall serve for a term of four years and until their successors shall have been selected and appointed. Immediately after such appointments, the members of such storm-water authority shall enter upon their duties. Any vacancy on the storm-water authority shall be filled in the same manner as was the original appointment of the member whose termination of membership resulted in such vacancy and the person so selected and appointed shall serve for the remainder of the unexpired term. The storm-water authority shall elect one of its members as chairperson and another of its members as vice chairperson and it may also elect a secretary and treasurer, who do not necessarily have to be members of the storm-water authority and, if not members, they shall have no voting rights. Four of seven members of the storm-water authority shall constitute a quorum. No vacancy on the storm-water authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the storm-water authority. The members

GEORGIA LAWS 2007 SESSION

3753

of the storm-water authority may be compensated as determined by the governing body of Gwinnett County; however, it is expressly provided that they shall be reimbursed for all actual expenses incurred in the performance of their duties. (d) The storm-water authority shall conduct or cause to be conducted an annual audit of the financial affairs, books, and records of the storm-water authority. (e) The storm-water authority shall be subject to all of the provisions of Chapters 14 and 18 ofTitle 50 of the O.C.G.A., the open meetings and open records laws of the State ofGeorgia. (f) Each member of the storm-water authority shall, not later than March 31 of each year, submit to the Board of Commissioners of Gwinnett County a financial disclosure identical to that required of public officers by Code Section 21-5-50 of the O.C.G.A., as now or hereafter amended.

SECTION 3. Definitions.

As used in this Act, the terms: (1) "Cost of the project" shall embrace the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment; financing charges and interest prior to and during construction and for one year after completion of construction; cost of engineering, architectural, fiscal, and legal expenses and of plans and specifications and other expenses necessary or incident to determining the feasibility or practicability ofthe project; administrative expenses and such other expenses as may be necessary or incident to the financing authorized by this Act; the construction of any project; and the placing of the same in operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the 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. (2) "Project" means and includes the acquisition, engineering, construction, equipping, maintenance, operation, repair, and replacement of storm-water management systems and facilities useful and necessary for the collecting of storm water, and the treatment and release of storm water of any and every type, and additions and improvements to and extensions of such facilities so as to assure an adequate storm-water system. (3) "Revenue bonds," "bonds," or "obligations" as used in this Act shall 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 storm-water authority as authorized under the "Revenue Bond Law" and any amendments thereto and, in addition, shall also mean obligations of the storm-water authority the issuance of which are specifically provided for in this Act. (4) "Storm-water authority" means the Gwinnett County Storm-water Authority created in Section 2 of this Act.

3754

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(5) "Storm-water management systems and facilities" or "Gwinnett County's Municipal Separate Storm Sewer System" shall mean those natural and manmade channels, swales, ditches, rivers, streams, creeks, branches, reservoirs, ponds, drainageways, inlets, catch basins, pipes, headwalls, storm drains, curbs and gutters, lakes and other physical works, properties, and improvements which transfer, control, convey, or otherwise influence either the movement ofstorm-water runoff or water quality, which are either owned by the county or over which the county has accepted an offer of dedication of an easement or other legally binding permanent right of use for storm-water drainage and for which the county has the obligation of maintenance for storm-water drainage purposes.

SECTION 4. Powers.

The storm-water authority may have the following powers: (1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, gift, or otherwise, and to hold, maintain, lease, operate, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, real property, or rights or easements therein or franchises necessary or convenient for its corporate purposes, 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 to dispose of the same in any manner it deems to be to the best advantage of the storm-water authority, and no property shall be acquired under the provisions of this Act upon which any lien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money is deposited in trust to pay and redeem the fair value of such lien or encumbrance; and, if the storm-water authority shall deem it expedient to construct any project on any lands the title to which shall then be in Gwinnett County or in any municipality incorporated in Gwinnett County, the governing authority or body of Gwinnett County or of any of such municipalities, if the governing authority of Gwinnett County or of any of such municipalities consents thereto, is authorized to convey title to such lands to the storm-water authority upon payment for the credit of the general funds of Gwinnett County or such municipalities the reasonable value of such lands. Notwithstanding anything to the contrary contained in this Act, the storm-water authority shall have the right, easement, and franchise for storm-water management systems and facilities within the rights of way of streets, roads, and highways in Gwinnett County or within the rights of way of streets, roads, and highways in the corporate limits of any municipality incorporated in Gwinnett County, without cost except that the storm-water authority shall repair all damage done by the storm-water authority by reason thereof;

GEORGIA LAWS 2007 SESSION

3755

(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 and execute contracts, leases, and instruments that shall be necessary or convenient, including contracts for acquisition and construction of projects and leases of projects or contracts with respect to the use of projects that 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 authorized to enter into contracts, leases, or agreements with the storm-water 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 storm-water authority to enter into contracts, lease agreements, or other undertakings relative to the furnishing of services and facilities by the storm-water authority to such municipal corporations, counties, and political subdivisions for a term not exceeding 50 years; (6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage and maintain projects, as defined in this Act; the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds or other funds ofthe storm-water authority or from such proceeds or other funds and any grant from the United States of America or any agency or instrumentality thereof or from the State of Georgia or any agency or instrumentality thereof or from any entity created pursuant to the Georgia Nonprofit Corporation Code, Chapter 3 of Title 14 of the O.C.G .A., or recognized as a non-profit entity in accordance with applicable provisions of the Internal Revenue Code; (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 thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may impose; (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 impose; (9) To borrow money for any of its corporate purposes and to execute notes or other evidences of such indebtedness and to secure the same; (I 0) To issue negotiable revenue bonds payable solely from funds pledged for the purpose, and to provide for the payment of the same and for the rights of the holders thereof; (II) To exercise any power usually possessed by private corporations performing similar functions, including the power to incur short-term debt and to approve, execute, and deliver appropriate evidence of any such indebtedness, provided that such power is not in conflict with the Constitution and laws of this state; (12) To issue revenue bonds or obligations pursuant to and in conformity with Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law;" and

3756

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

( 13) To do all things necessary or convenient to carry out the power expressly given in this Act.

SECTION 5. Revenue bonds; form; denomination; registration; place of payment.

The storm-water 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 thereof, 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 storm-water authority may determine and provision may be made for the registration of any coupon bond as to principal alone and also as to both the principal and interest.

SECTION 6. Revenue bonds; signatures; seal.

All such bonds shall bear the manual or facsimile signature of the chairperson of the storm-water authority, attested by the manual or facsimile signature of the secretary of the storm-water authority, and the official seal ofthe storm-water authority or a facsimile thereof shall be affixed thereto and any coupons attached thereto shall bear the facsimile signatures of the chairperson and secretary of the storm-water authority. Any coupon may bear the facsimile signatures of such persons and any bond may be signed, sealed, and attested on behalf of the storm-water authority by such person 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 persons may not have been so authorized or shall not have held such office. In case any officer whose signature shall appear on any bonds or whose signature shall appear on any coupon shall cease to be such officer before delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he or she had remained in office until such delivery.

SECTION 7. 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 laws of this state. Such bonds are declared to be issued for an essential public and governmental purpose and such bonds and the income thereof shall be exempt from all taxation within the state.

GEORGIA LAWS 2007 SESSION
SECTION 8. Revenue bonds; sale; proceeds.

3757

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

SECTION 9. Revenue bonds; interim receipts and certificates or temporary bonds.

Prior to the preparation of definitive bonds, the storm-water 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 10. Revenue bonds; replacement of lost or mutilated bonds.

The storm-water authority may also provide for the replacement of any bond or any coupons that shall become mutilated or be destroyed or lost.

SECTION 11. Revenue bonds; conditions precedent to issuance.

Such revenue bonds shall be issued as required by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law." Any resolution providing for the issuance of revenue bonds under the provisions ofthis Act shall become effective immediately upon passage; and any such resolution may be passed at any regular or special or adjourned meeting of the storm-water authority by a majority of its members.

SECTION 12. Credit not pledged.

Revenue bonds issued under the provisions of this Act shall not constitute a debt ofGwinnett County or any municipality in Gwinnett County, nor a pledge of the faith and credit of Gwinnett County or any such municipality, 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 Gwinnett County or any such municipality to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section.

3758

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 13. Trust indenture as security.

In the discretion of the storm-water authority, any issue of such revenue bonds may be secured by a trust indenture by and between the storm-water authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company inside or outside of the state. Such trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the storm-water 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 storm-water authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair, and insurance of the project, and the custody, safeguarding, and application of all moneys, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the storm-water authority, 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 storm-water 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 storm-water 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 14. To whom proceeds of bonds shall be paid.

The storm-water authority shall, in the resolution providing for the issuance ofrevenue bonds or in the trust indenture, 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 that shall act as trustee of such funds and shall hold and apply the same to the purposes provided for in this Act, subject to such regulations as this Act and such resolution or trust indenture may provide.

GEORGIA LAWS 2007 SESSION
SECTION 15. Sinking fund.

3759

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 storm-water authority to the payment of the principal and interest on revenue bonds of the storm-water authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds so pledged from whatever source received, which pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund, which sinking fund shall be pledged to and charged with the payment of:
(I) The interest on revenue bonds as such interest shall fall due; (2) The principal of the bonds as the same shall fall due; (3) Any premium upon bonds acquired by redemption, payment, or otherwise; (4) The necessary charges of the paying agent or agents for paying principal and interest; 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 of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in 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 be reissued, printed, or delivered.

SECTION 16. Remedies of bondholders.

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 by 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 the State of Georgia or granted by this Act or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture, to be performed by the storm-water authority, or any officer thereof, including the

3760

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

fixing, charging, and collecting of revenues, fees, tolls, fines, and other charges for the use of the facilities and services furnished.

SECTION 17. Refunding bonds.

The storm-water authority is authorized to provide by resolution for the issuance of bonds of the storm-water 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, if any. 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 storm-water authority with respect to the same shall be governed by the foregoing provisions of this Act insofar as the same may be applicable.

SECTION 18. Venue and jurisdiction.

Any action to protect or enforce any rights under the provisions of this Act or any suit or action against the storm-water authority shall be brought in the Superior Court of Gwinnett County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in such court, which shall have exclusive, original jurisdiction of such actions.

SECTION 19. Validation.

Bonds of the storm-water authority shall be confirmed and validated in accordance with the procedure of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law;" the petition for validation shall also make party defendant to such action the State of Georgia or any municipality, county, authority, political subdivision, or instrumentality of the State of Georgia that has contracted with the storm-water authority for the services and facilities of the project for which bonds are to be issued and sought to be validated and the state or such municipality, county, authority, political subdivision, or instrumentality shall be required to show cause, if any, why such contractor contracts and the terms and conditions thereof shall not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as a part of the basis of the security for the payment ofany such bonds ofthe storm-water authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such bonds and the security for the payment thereof and interest thereon and against the authority issuing the same, the state and any municipality, county, authority, political subdivision, or

GEORGIA LAWS 2007 SESSION

3761

instrumentality thereof, if a party to the validation proceedings, contracting with the Gwinnett County Storm-water Authority.

SECTION 20. Interest of bondholders protected.

(a) While any of the bonds issued by the storm-water authority remain outstanding, the powers, duties, or existence of the storm-water authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds, and no other entity, department, agency, or authority will be created that will compete with the storm-water 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 storm-water authority. (b) The provisions of this Act shall be for the benefit of the storm-water authority and the holders of any such bonds and, upon the issuance of bonds under the provisions of this Act, shall constitute a contract with the holders of such bonds.

SECTION 21. Moneys received considered trust funds.

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

SECTION 22. Tort immunity.

To the extent permitted by law, the storm-water authority shall have the same immunity and exemption from liability for torts and negligence as Gwinnett County, and the officers, agents, and employees of the storm-water authority when in the performance of the work of the storm-water authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of Gwinnett County when in performance of their public duties or work of the county.

SECTION 23. Tax exempt status of storm-water authority.

The properties of the storm-water authority, both real and personal, are declared to be public properties used for the benefit and welfare of the people of the state and not for purposes of private or corporate benefit and income, and such properties and the storm-water authority

3762

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

shall be exempt from all taxes and special assessment of any city, county, or the state or any political subdivision thereof.

SECTION 24. Billing and collection.

The storm-water authority shall include the rates, fees, tolls, and charges for the services, facilities, or commodities furnished by the authority on the general tax bill issued by the county. Said rates, fees, tolls, and charges levied to pay the cost of such storm-water services, facilities, and commodities shall be collected by the Gwinnett County Tax Commissioner in the same manner as taxes are collected. The storm-water authority shall have no authority to set rates, fees, tolls, or charges and any rate, fee, toll, or charge levied shall first be approved by the Board of Commissioners of Gwinnett County.

SECTION 25. 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 and shall be regarded as supplemental and additional to powers conferred by other laws and shall not be regarded as in derogation of any powers now existing. This Act does not in any way take from Gwinnett County or any municipality located therein or any adjoining county the authority to own, operate, and maintain a storm-water sewerage system 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 26. Liberal construction of Act.

This Act being for the welfare of various political subdivisions of the State of Georgia and their inhabitants shall be liberally construed to effect the purposes hereof.

SECTION 27. Severability.

In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

GEORGIA LAWS 2007 SESSION
SECTION 28. Repealer.
All laws and parts of laws in conflict with this Act are repealed.

3763

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to create the Gwinnett County Storm-water Authority; to authorize the storm-water authority to acquire, construct, add to, extend, improve, operate, and maintain storm-water management systems and facilities, and any and all other related facilities; to confer powers and to impose duties on the storm-water authority; to provide for the members of the storm-water authority and their term of tenure and compensation; to authorize the storm-water authority to contract with others pertaining to the use of the systems and facilities of the storm-water authority and to execute leases and do all things deemed necessary or convenient for the operation of such undertakings or projects; to authorize the issuance of revenue bonds or obligations of the storm-water authority, payable from the revenues, tolls, fees, charges and earnings of the storm-water authority and to pay the cost of such undertakings or projects and to authorize the collection and pledging of the revenues and earnings of the storm-water authority for the payment of such bonds or obligations and to authorize the execution of resolutions and trust indentures to secure the payment thereof and to define the rights of the holders of such bonds or obligations; to provide that no debt of Gwinnett County or any municipality in Gwinnett County shall be incurred in the exercise of any of the powers granted by this Act; to make the bonds or obligations of the storm-water authority exempt from taxation; to authorize the issuance of the refunding bonds or obligations; to fix the venue or jurisdiction of actions relating to any provisions of this Act and to provide that such bonds or obligations be validated as authorized by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law;" to provide for liberal construction; to provide for severability; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, David Shafer, who on oath deposes and says that he is the Senator from District 48 and further deposes and says that the attached Notice oflntention to Introduce Local Legislation was published in the Gwinnett Daily Post which is the official organ of Gwinnett County on February 2, 2007, and that the notice requirements of Code Section 28-1-14 have been met.
s/ DAVID SHAFER David Shafer Senator, District 48

3764

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Sworn to and subscribed before me, this 5th day of February 2007.

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

Approved May 18, 2007.

CITY OF HOMERVILLE- CITY OF HOMERVILLE WATER AND SEWER AUTHORITY; CREATION.
No. 153 (Senate Bill No. 186).
AN ACT
To create the City of Homerville Water and Sewer Authority and provide for its activation; to provide for a short title; to provide for definitions; to provide for the purposes, powers, duties, and functions of the authority and authorize certain contracts and agreements; to provide for the membership and appointment of members of the authority and their terms of office, qualifications, duties, powers, methods of filling vacancies, compensation, and expenses; to provide for organization, meetings, and quorum of the authority; to provide for an attorney of the authority; to provide for an audit and budgets; to authorize the authority to contract with others regarding its functions, to contract with others pertaining to the use of the utilities and facilities ofthe authority, and to execute leases and do all things necessary or convenient for the operation of such undertakings or projects; to provide for revenue bonds and other obligations ofthe authority and to provide for their form, signatures thereon, negotiability, sale, and use of proceeds; to provide for interim and replacement documents; to provide for condition for issuance and authorize the collection and pledging of the revenues and earnings of the authority for the payment of such bonds; to authorize the execution of resolutions and trust indentures to secure the payment thereof and to define the rights of the holders of such obligations; to provide for sinking fund and trust funds; to provide for rates, charges, and revenues; to provide that no debt of the City of Homerville shall be incurred in the exercise of any of the powers granted by this Act; to provide for tax exemption; to authorize the authority to condemn property of every kind; to authorize the issuance of funding and refunding bonds; to provide for venue and jurisdiction; to provide for rules and regulations; to provide for immunity from liability; to provide for statutory construction and the effect on other governments and authorities; to provide for the

GEORGIA LAWS 2007 SESSION

3765

validation of bonds; to provide for construction; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Short title.

This Act shall be known and may be cited as the "City of Homerville Water and Sewer Authority Act."

SECTION 2. City of Homerville Water and Sewer Authority; activation.

(a)( I) There is created a body corporate and politic, to be known as the City of Homerville Water and Sewer Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation and by that name, style, and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The authority shall have perpetual existence. It is the intent of the General Assembly that the authority created by this Act shall be the primary supplier of water and sewer utilities in the incorporated areas of the City of Homerville. The authority may, by contract, provide services to other areas or jurisdictions in a manner which will best utilize available resources and efficiently and economically provide such services. (2) The authority created under this Act shall not transact any business or exercise any powers under this Act until the city council of the City of Homerville shall, by proper resolution, declare that there is need for the authority to function in such city. (b) The authority shall consist of five members to be appointed by the city council of the City of Homerville. (c) The initial terms for the authority members shall be as follows: two members shall be appointed to initial terms ending December 31, 2008; three members shall be appointed to initial terms ending December 31, 201 0; and all such terms shall expire upon the dates specified and upon the appointment and qualification of a respective successor. (d) Successors to members of the authority whose initial terms of office expire as provided in subsection (c) of this section, and all future successors to members of the authority whose terms are to expire, shall serve terms of four years and until their respective successors are appointed and qualified. Any member of the authority may be appointed to succeed himself or herself. (e) To be eligible for appointment as a member of the authority, a person shall satisfy the eligibility requirements of Code Section 45-2-1 of the O.C.G.A. and shall be a customer of a utility of the authority.

3766

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(f) 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, treasurer, or neither is 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. (g) Three members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the authority. (h) Any vacancy in the office of any member of the authority shall be filled in the same manner as the original appointment; and the appointment to fill the vacancy shall be made within 15 days after the vacancy occurs. A vacancy shall exist in the office of any member of the authority who is convicted of a felony or who enters a plea of nolo contendere thereto, who is convicted of a crime involving moral turpitude or enters a plea of nolo contendere thereto, who moves his or her residence from the City of Homerville or is no longer a customer of a utility of the authority, who is convicted of any act of misfeasance, malfeasance, or nonfeasance of 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 resolution of the authority. (i) There shall be an annual audit of the authority to be conducted by a certified public accountant selected by the authority. U) The fiscal affairs of the authority, including the raising of revenue and the adoption and approval of the annual budget, shall be under the control of the authority. (k) The chairperson and members of the authority shall serve without compensation.

SECTION 3. Definitions.

(a) As used in this Act, the term: (I) "Authority" means the City of Homerville Water and Sewer Authority created by this Act. (2) "Council" means the city council of the City of Homerville. (3) "Cost of the project" means the cost of construction, the cost of all lands, properties, rights, easements, and franchises acquired, the cost of all machinery and equipment, financing charges, interest prior to and during construction and for one year after completion of construction, 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 practicality of the project, administrative expense, and such other expenses as may be necessary or incident to the financing authorized by this Act, the cost of the acquisition or construction of any project, the placing of any project in operation, and the condemnation ofproperty necessary for such construction and operation.

GEORGIA LAWS 2007 SESSION

3767

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" means the acquisition, construction, and equipping of water facilities for obtaining one or more sources of water supply, the treatment of the water and the distribution and sale of water to users and consumers, including, but not limited to, the State of Georgia and counties and municipalities for the purpose of resale, inside and outside the territorial boundaries ofthe City ofHomerville, and the operation, maintenance, additions, improvements, and extension of such facilities so as to assure an adequate water utility system deemed by the authority necessary and convenient for the efficient operation of such type of undertaking. The term "project" shall also mean and include the acquisition, construction, and equipping of all necessary and usual facilities useful and necessary for the gathering of waste water of every type, including both individual and industrial, and the treatment of sewage of any and every type, including, but not limited to, the acquisition and construction oftreatment plants, ponds, and lagoons, inside and outside the territorial boundaries of the City of Homerville, and the operation, maintenance, additions, improvements, and extensions of such facilities so as to assure an adequate sewerage system deemed by the authority necessary or convenient for the efficient operation of a sanitary and storm sewer system. Said water facilities and said sewerage facilities, at the discretion of the authority, may be combined at any time into a water and sewerage system as one revenue-producing undertaking and operated and maintained as such. (5) "Revenue bonds" or "bonds" means revenue bonds as defined and provided in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," and such type obligations may be issued by the authority as authorized under said "Revenue Bond Law" and any amendments thereto. In addition, such terms shall also mean obligations of the authority, the issuance of which are specifically provided for in this Act. (b) Any project shall be deemed to be "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 cost of operating, maintaining and repairing, improving, extending, or improving and extending the project and to pay the principal and the interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects.

SECTION 4. 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. All purchases of

3768

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

supplies, equipment, and other materials in an amount in excess of $18,000.00 shall be by competitive bid with advertisement of said purchases to be published in the official organ of Clinch County one time before the date of purchase. The authority shall attempt to obtain at least three competitive bids, and the authority shall accept the best bid in accordance with terms of the advertisement. The provisions of this paragraph shall not apply to emergency purchases or repairs. No purchase by the authority shall be made from a member or relative of a member of the authority within the first degree ofkinship, except by sealed bid as provided in this paragraph. (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights or easements therein; or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue, and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the authority, the authority being under no obligation to accept and pay for any property condemned under this Act except from the funds provided under the authority of this Act, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceedings as may be just to the authority and to the owners of the property to be condemned, and no property shall be acquired under the provisions of this Act upon which any lien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money is deposited in trust to pay and redeem the fair value of such lien or encumbrance; (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 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 and public authorities 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 relating to the furnishing of water and related services and facilities by the authority to such municipal corporations, counties, and political subdivisions or for the purchase of water by the authority therefrom for a term not exceeding 50 years, and also to enter into contracts, lease agreements, or other undertakings relative to the gathering of waste matter and the treatment of waste matter and sewage by the authority for such municipal corporations, counties, and political subdivisions or by such municipal corporations, counties, or political subdivisions for the authority. Likewise, without limiting the generality of the foregoing,

GEORGIA LAWS 2007 SESSION

3769

the same authority granted to municipal corporations, counties, political subdivisions, and the authority relative to entering into contracts, lease agreements, or other undertakings is authorized between the authority and private corporations, both inside and outside the State of Georgia, and the authority and public bodies, including counties and cities outside the State of Georgia; (6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as defined in this Act, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the authority or in part 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 accept loans or grants, or both, of money or materials or property of any kind from the United States ofAmerica or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may require; (8) To accept loans or grants, or both, 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 that no such power is in conflict with the Constitution or general laws of this state; (11) To assume all assets, liabilities, notes, debt, bonds, and obligations, both financial and otherwise, of any water or sewer system owned by the City of Homerville subject to approval of such assumption by the council; and (12) To do all things necessary or convenient to carry out the powers expressly given in this Act.

SECTION 5. Revenue bonds.

The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created by this Act, shall have power and is authorized to provide by resolution for the issuance of 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 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

3770

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be redeemable before maturity, at the option ofthe authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution for the issuance of bonds.

SECTION 6. Same; form; denomination; registration; place of payment.

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 this 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 7. Same; 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 to by the secretary of the authority, and any coupons attached thereto shall bear the facsimile signatures of such persons, and any bond may be signed, sealed, and attested to 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 8. Same; negotiability; exemption from taxation.

All revenue bonds issued under the provisions of this Act shall be 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 the state.

GEORGIA LAWS 2007 SESSION
SECTION 9. Same; sale; price; proceeds.

3771

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 10. Same; interim receipts and certificates or temporary 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 11. Same; 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 12. Same; conditions precedent to issuance.

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

SECTION 13. Credit not pledged.

Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the City of Homerville nor a pledge of faith and credit of said city, but such bonds shall be payable solely from the funds provided for by this Act and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate said city to levy or pledge any form of taxation whatever therefor or to make any appropriation for their

3772

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section.

SECTION 14. 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 ofa 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 ofthe project, the maintenance, operation, repair, and insuring ofthe 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 ofthe bonds issued therefor, and may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the 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 part of the cost, maintenance, operation, and repair of the project affected by such indenture.

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

In the resolution providing for the issuance of revenue bonds or in the trust indenture, the authority shall provide for the payment of the proceeds of the sale of the 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 hereof, subject to such regulations of this Act and such resolution or trust indenture may provide.

GEORGIA LAWS 2007 SESSION
SECTION 16. Sinking fund.

3773

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 ofthe principal and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals, as may be provided in the resolution or trust indenture, into a sinking fund, which sinking fund shall be pledged to and charged with the payment of:
(I) 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 agent for paying principal and interest and other investment charges; and (4) Any premium upon bonds retired by call or purchase as provided in this Act. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, 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 of the 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 cancelled and shall not again be issued.

SECTION 17. Remedies of bondholders.

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 the resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted under this Act or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture 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.

3774

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 18. Refunding bonds.

The authority is authorized to provide by resolution for the issuance of bonds of the authority for the purpose of funding or refunding any revenue bonds issued under the provisions ofthis Act and then outstanding, together with accrued interest on the premium, if any. 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 other provisions of this Act insofar as the same may be applicable.

SECTION 19. 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., the "Revenue Bond Law," as amended. 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, ifany exists, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the contract or contracts adjudicated as a part of the basis for the security for the payment of any such bonds of the authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such bonds and the security for the payment thereof and interest thereon and against the authority issuing the same, and the state and any municipality, county, authority, political subdivision, or instrumentality, if a party to the validation proceedings, contracting with the authority.

SECTION 20. Venue and jurisdiction.

Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such authority shall be brought in the Superior Court of Clinch County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions.

GEORGIA LAWS 2007 SESSION
SECTION 21. Interest of bondholders protected.

3775

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 interest and rights ofthe holders of such bonds, and no other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interest and the rights of the holders of such bonds, nor will the state so itself compete with the authority. The provisions of this Act shall be for the benefit of the authority and the holders of any such bonds and, upon the issuance of bonds under the provisions of this Act, shall constitute a contract with the holders of such bonds.

SECTION 22. Moneys received considered trust funds.

All moneys received pursuant to the provisions 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 23. Purpose of the authority.

(a) Without limiting the generality of any provision of this Act, the general purpose of the authority is declared to be that of acquiring an adequate source of water supply, treatment of such water, and thereafter the distribution of the same to the various areas, municipalities, and citizens in the City of Homerville and its environs, including adjoining counties and municipalities located therein, and further for the general purpose of collecting of waste water, both individual and industrial; but such general purpose shall not restrict the authority from selling and delivering water directly to customers in those areas where water distribution systems do not now exist or furnishing sewer collection facilities to such customers, and to areas where no county, municipality, or public authority deems it desirable or feasible to furnish water or sewerage services in such locality. (b) The authority shall not have the authority to construct water lines for the distribution of water directly to customers within any municipality without first obtaining the express written consent of the appropriate governing body of said municipality. Likewise, the authority shall not have the authority to construct sewer lines for the collection of waste and sewage directly from customers within any municipality without first obtaining the express written consent of the appropriate governing body of said municipality.

3776

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 24. Rates, charges, and revenues; use.

The authority is authorized to prescribe and fix rates and to revise same from time to time and to collect 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 by this Act to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment, or extension of a water system, a sewerage system, or a combined water and sewerage system, and to pledge to the punctual payment of said bonds and interest thereon, all or any part of the revenues of improvements, betterments, or extensions thereto thereafter made. Before increasing water or sewer rates, the authority shall hold two public hearings with dates, times, and locations advertised once in the legal organ of the county at least seven days before each public hearing. The authority shall notify the customers of the authority of the proposed increase in rates and the public hearing dates, times, and locations on the preceding month's water or sewer bill before the date of the public hearings.

SECTION 25. 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, or both, under the provisions of this Act, including the basis upon which water service and facilities or sewerage service and facilities, or both, shall be furnished.

SECTION 26. Tort immunity.

The authority shall have the same immunity and exemption from liability for torts and negligence as the City ofHomerville; and the officers, agents, and employees ofthe authority when in the performance of the work of the authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of The City of Homerville when in the performance of their public duties or work of the city.

SECTION 27. 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, 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.

GEORGIA LAWS 2007 SESSION
SECTION 28. Effect on other governments.

3777

This Act shall not and does not in any way take from the City of Homerville the authority to own, operate, and maintain a water system, a sewerage system, or a combined water and sewerage system or to issue revenue bonds.

SECTION 29. Liberal construction of the Act.

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

SECTION 30. Repeal.

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 2007 session of the General Assembly'bfGeorgia a bill to create the Homerville Water and Sewer Authority and provide for its activation; to provide for a short title; to provide for definitions; to provide for the purposes, powers, duties, and functions of the authority and authorize certain contracts and agreements; to provide for the membership and appointment ofmembers ofthe authority and their terms of office, qualifications, duties, powers, methods of filling vacancies, compensation, and expenses; to provide for organization, meetings, and quorum of the authority; to provide for an attorney of the authority; to provide for an audit and budgets; to authorize the authority to contract with others regarding its functions, to contract with others pertaining to the use of the utilities and facilities of the authority, and to execute leases and do all things necessary or convenient for the operation of such undertakings or projects; to provide for revenue bonds and other obligations of the authority and to provide for their form, signatures thereon, negotiability, sale, and use of proceeds; to provide for interim and replacement documents; to provide for condition for issuance and authorize the collection and pledging of the revenues and earnings of the authority for the payment of such bonds; to authorize the execution of resolutions and trust indentures to secure the payment thereof and to define the rights of the holders of such obligations; to provide for sinking fund and trust funds; to provide for rates, charges, and revenues; to provide that no debt of Homerville shall be incurred in the exercise of any of the powers granted by this Act; to provide for tax exemption; to authorize the authority to condemn property of every kind; to authorize the issuance of funding and refunding bonds; to provide for venue and jurisdiction; to provide

3778

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

for rules and regulations; to provide for immunity from liability; to provide for statutory construction and the effect on other governments and authorities; to provide for the validation of bonds; and for other purposes

This 12 day of February, 2007

Honorable Greg Goggans

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Greg G. Goggans, who on oath deposes and says that he is the Senator from District 7 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Clinch County News which is the official organ of Clinch County on Februaryl4, 2007, and that the notice requirements ofCode Section 28-1-14 have been met.

sf GREG G. GOGGANS Greg G. Goggans Senator, District 7

Sworn to and subscribed before me, this 20th day of February 2007.

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

Approved May 18, 2007.

CITY OF NORCROSS- REDEVELOPMENT POWERS; REFERENDUM.
No. 154 (Senate Bill No. 231).
AN ACT
To authorize the City of Norcross to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) ofthe Constitution and Chapter44 of Title 36 of the

GEORGIA LAWS 2007 SESSION

3779

o.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. The City of Norcross 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 Norcross to undertake and carry out community redevelopment, to create tax allocation districts, to issue tax allocation bonds, and to incur other obligations within the meaning of and as fully permitted under the provisions of Article IX, Section II, Paragraph VII(b) of the Constitution of the State of Georgia of 1983, as amended, and to authorize the City of Norcross to exercise redevelopment powers as fully as the "Redevelopment Powers Law" may now or hereafter permit and not to limit any redevelopment powers permitted under the "Redevelopment Powers Law."

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Norcross 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 Norcross for approval or rejection. The municipal election superintendent shall conduct that election on the regular November, 2007, municipal election date 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 Gwinnett County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act be approved which authorizes the City ofNorcross to exercise redevelopment powers under the 'Redevelopment Powers Law,' for the purpose of improving economic and social conditions in depressed areas within the city?"

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

3780

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Norcross. 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 2007 session of the General Assembly of Georgia a bill to authorize the City of Norcross to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII (b) of the Constitution and Chapter44 ofTitle 36 of the O.C.G.A., the "Redevelopment powers Law," as amended; and for other purposes.

This 31st day of January, 2007

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 ofGwinnett County on February 3, 2007, 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 21st day of February 2007.

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

GEORGIA LAWS 2007 SESSION
My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 18, 2007.

3781

FULTON COUNTY-FULTON COUNTY INDUSTRIAL DISTRICT; REPEAL; REFERENDUM.
No. 155 (Senate Bill No. 301).
AN ACT
To repeal the amendment to the Constitution of Georgia creating within Fulton County the Fulton County Industrial District and prohibiting the governing authority of Fulton County from levying any tax for educational purposes within such district; to provide for a referendum with respect to the effectiveness of the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The amendment to the Constitution of Georgia creating within Fulton County the Fulton County Industrial District and prohibiting the governing authority of Fulton County from levying any tax for educational purposes within such district which amendment was proposed by 1979 House Resolution No. 1-35, Resolution Act No. 22 (Ga. L. 1979, p. 1797), and was continued in force and effect by an Act approved March 14, 1983 (Ga. L. 1983, p. 4077), and an Act approved March 30, 1986 (Ga. L. 1986, p. 4438), is hereby repealed.
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Fulton County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Fulton County for approval or rejection. The election superintendent shall conduct that election on the next allowable date for conducting a special election following the legal creation of a municipal corporation whose northern boundary is contiguous with the municipal limits of the City of Atlanta 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 Fulton County. The ballot shall have written or printed thereon the words:

3782

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

"( ) YES ( ) NO

Shall the Act be approved which repeals the amendment to the Constitution of Georgia creating within Fulton County the Fulton County Industrial District and prohibiting the governing authority of Fulton County from levying any tax for educational purposes within such district?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect immediately. If the Act is not so approved or ifthe election is not conducted as provided in this section, Section I of this Act shall not become effective and this Act shall be automatically repealed immediately. The expense of such election shall be borne by Fulton County. It shall be the election superintendent's duty to certify the result thereof to

the Secretary of State.

SECTION 3. 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 2007 session of the General Assembly of Georgia a bill to repeal the amendment to the Constitution of Georgia creating within Fulton County the Fulton County Industrial District and prohibiting the governing authority of Fulton County from levying any tax for educational purposes within such district; to provide for a referendum with respect to the effectiveness of the foregoing; and for other purposes.

This 20th day of February, 2007.

Horacena Tate

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Horacena Tate, who on oath deposes and says that she is the Senator from District 38 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Daily Report which is the official organ of Fulton County on February 26, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

s/HORACENA TATE Horacena Tate Senator, District 38

GEORGIA LAWS 2007 SESSION
Sworn to and subscribed before me, this 6th day of March, 2007.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18,2009 (SEAL)
Approved May 18,2007.

3783

FORSYTH COUNTY- BOARD OF EDUCATION; EXPENSE ALLOWANCE.
No. 156 (Senate Bill No. 303).
AN ACT
To amend an Act to provide for the Board of Education of Forsyth County and to consolidate and restate provisions of law relating to the board, approved March 25, 1992 (Ga. L. 1992, p. 5052), as amended, so as to increase the per diem expense allowance allowable for the chairperson and members of such board; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act to provide for the Board of Education of Forsyth County and to consolidate and restate provisions of law relating to the board, approved March 25, 1992 (Ga. L. 1992, p. 5052), as amended, is amended by revising subsection (a) of Section 5 as follows:
'(a) In addition to amounts received as compensation, the chairperson and each member of the Board of Education of Forsyth County shall receive a per diem expense allowance of $75.00 for attendance at any official board function that has been approved by the majority of the board at a regularly scheduled monthly board meeting, up to a maximum of 96 days per year.'
SECTION 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.

3784

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2007 session of the General Assembly ofGeorgia a bill to provide for compensation of the Forsyth County school board; to provide for effective dates; and for other purposes.
This 2nd day of March, 2007.
Senator Jack Murphy 27th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack Murphy, who on oath deposes and says that he is the Senator from District 27 and further deposes and says that the attached Notice oflntention to Introduce Local Legislation was published in the Forsyth County News which is the official organ of Forsyth County on March 7, 2007, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JACK MURPHY Jack Murphy Senator, District 27
Sworn to and subscribed before me, this 14th day of March, 2007.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18,2009 (SEAL)
Approved May 18,2007.

GEORGIA LAWS 2007 SESSION

3785

NEWTON COUNTY- HOMESTEAD EXEMPTION; SCHOOL TAXES: SENIOR CITIZENS; REFERENDUM.

No. 157 (Senate Bill No. 316).

AN ACT

To provide for a homestead exemption from Newton County ad valorem taxes for school district maintenance and operations purposes in the amount of $30,000.00 of the assessed value of the homestead for residents of that county who are 65 years of age or over and whose annual adjusted gross income does not exceed $25,000.00; 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 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 school district maintenance and operations purposes" means all ad valorem taxes for the school district levied by, for, or on behalf of Newton County for the maintenance and operation offacilities for the county school district, including, but not limited to, any ad valorem taxes to pay interest on and to retire bonded indebtedness for the local school board or any authority operating on behalf of the school district. (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 the Newton County school district who is a senior citizen and whose annual adjusted gross income does not exceed $25,000.00, is granted an exemption on that person's homestead from Newton County ad valorem taxes for school district maintenance and operations purposes in the amount of$30,000.00 ofthe assessed value ofthat 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 Newton County, 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 Newton County, 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 Newton County, or the designee thereof, shall provide application forms for this purpose.

3786

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(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 governing authority ofN ewton County, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by this Act shall not apply to or affect state ad valorem taxes, county ad valorem taxes for other county purposes, or city ad valorem taxes, if any. The homestead exemption granted by this Act shall be in addition to and not in lieu of any other homestead exemption applicable to ad valorem taxes. (f) The exemption granted by this Act shall apply to all taxable years beginning on or after January 1, 2009.

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Newton County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors ofN ewton County for approval or rejection. The election superintendent shall conduct that election on the date of the state-wide presidential primary election in 2008 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 Newton County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act be approved which provides a homestead exemption from Newton County school district ad valorem taxes for maintenance and operations purposes in the amount of $30,000.00 of the assessed value of the homestead for residents of that county who are 65 years of age or over and whose annual adjusted gross income does not exceed $25,000.00?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section I of this Act shall become of full force and effect on January 1, 2009. 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 Newton County. It shall be the Newton County election superintendent's duty to certify the result thereof to the Secretary of State.

GEORGIA LAWS 2007 SESSION

3787

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 2007 session of the General Assembly ofGeorgia a bill calling for a referendum for a homestead exemption from Newton County ad valorem taxes for school district maintenance and operations purpose in the amount of $30,000.00 of the assessed value of the homestead for residents of that county who are 65 years of age or over and whose annual adjusted gross income does not exceed $25,000.00; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Douglas, who on oath deposes and says that he is the Senator from District 17 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Covington News which is the official organ of Newton County on March 9, 2007, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JOHN DOUGLAS John Douglas Senator, District 17
Sworn to and subscribed before me, this 21st day of March 2007.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18,2009 (SEAL)
Approved May 18, 2007.

3788

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

CITY OF LOGANVILLE- REDEVELOPMENT POWERS; REFERENDUM.

No. 158 (Senate Bill No. 323).

AN ACT

To authorize the City of Loganville to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. The City of Loganville shall be and is authorized to exercise all redevelopment and other powers under Chapter 44 of Title 36 of the 0 .C.G.A., the "Redevelopment Powers Law," as amended. The intention of this Act is to authorize the City of Loganville to undertake and carry out community redevelopment, to create tax allocation districts, to issue tax allocation bonds, and to incur other obligations within the meaning of and as fully permitted under the provisions of Article IX, Section II, Paragraph VII(b) of the Constitution of the State of Georgia of 1983, as amended, and to authorize the City of Loganville to exercise redevelopment powers as fully as the "Redevelopment Powers Law" may now or hereafter permit and not to limit any redevelopment powers permitted under the "Redevelopment Powers Law."

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Loganville 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 Loganville for approval or rejection. The municipal election superintendent shall conduct that election on the regular November, 2007, municipal election date 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 Gwinnett County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act be approved which authorizes the City of Loganville to exercise redevelopment powers under the 'Redevelopment Powers Law,' for the purpose of improving economic and social conditions in depressed areas within the city?"

GEORGIA LAWS 2007 SESSION

3789

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, then Section I of this Act shall become of full force and effect immediately. If Section I of this Act is not so approved or if the election is not conducted as provided in this section, Section I of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Loganville. 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 2007 session of the General Assembly of Georgia a bill to authorize the City of Loganville 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; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Renee Unterman, who on oath deposes and says that she is the Senator from District 45 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Walton Tribune which is the official organ of Walton County on March 30, 2007, and that the notice requirements of Code Section 28-1-14 have been met.
s/ RENEE UNTERMAN Renee Unterman Senator, District 45

3790

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Sworn to and subscribed before me, this 1Oth day of April 2007.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to authorize the City of Loganville 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; and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Renee Unterman, who on oath deposes and says that she is the Senator from District 45 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily Post which is the official organ of Gwinnett County on March 31, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

sf RENEE UNTERMAN Renee Unterman Senator, District 45

Sworn to and subscribed before me, this 1Oth day April 2007.

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

Approved May 18,2007.

GEORGIA LAWS 2007 SESSION
MITCHELL COUNTY- STATE COURT; JUDGE; FULL-TIME; QUALIFICATIONS; COMPENSATION.

3791

No. 160 (House Bill No. 190).

AN ACT

To amend an Act creating the State Court of Mitchell County (formerly the City Court of Camilla), approved August 17, 1905 (Ga. L. 1905, p. 184), as amended, so as to provide that the judge shall be a full-time judge for said court; to provide for qualifications of the judge; to change the provisions relating to the compensation of the judge; 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 Mitchell County (formerly the City Court of Camilla), approved August 17, 1905 (Ga. L. 1905, p. 184), as amended, is amended by revising subsection (a) of Section (2) as follows:
"(a)(!) The position of judge ofthe State Court of Mitchell County shall be a full-time position. (2) The judge of said court shall have such qualifications and shall be subject to such restrictions and discipline as provided in Chapter 7 of Title 15 of the O.C.G.A.; and, as provided in subsection (b) ofCode Section 15-7-21, the full-time judge ofthe state court shall not engage in the private practice of law. (3) The judge of said court shall receive an annual salary equal to 60 percent of the gross salary as defined in paragraph (4) of this subsection which shall be payable out of the funds of Mitchell County at the same intervals as installments are paid to other county employees. (4) For the purposes ofparagraph (3) ofthis subsection, the term 'gross salary' shall mean the annual salary received by a superior court judge, from state funds only, effective July 1, 2007, plus any increases in said annual salary for superior court judges, from state funds only, on or after July 1, 2007 ."

SECTION 2. This Act shall become effective July 1, 2007.

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

3792

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that, pursuant to the unanimous resolution of the Board of Commissioners of Mitchell County requesting same, there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Mitchell County (formerly the City Court of Camilla), approved August 17, 1905 (Ga. L. 1905, p. 184), as amended; and for other purposes.

This 19th day of January, 2007.

Is/ Robert C. Richardson, Jr. County Attorney for Mitchell County, Georgia

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. Richard Royal, who on oath deposes and says that he is the Representative from District 171 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Camilla Enterprise which is the official organ of Mitchell County on January 24, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

s/ A. RICHARD ROYAL A. Richard Royal Representative, District 171

Sworn to and subscribed before me, this 29th day of January 2007.

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

Approved May 18,2007.

GEORGIA LAWS 2007 SESSION MILLER COUNTY- BOARD OF EDUCATION; COMPENSATION.

3793

No. 161 (House Bill No. 345).

AN ACT

To amend an Act changing the method of selecting the members of the board of education of Miller County, approved March 21, 1968 (Ga. L. 1968, p. 2529), as amended, so as to provide for the compensation of the chairperson and 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 changing the method of selecting the members of the board of education of Miller County, approved March 21, 1968 (Ga. L. 1968, p. 2529), as amended, is amended by revising Section 2A as follows:

"SECTION 2A. The chairperson of the board of education of Miller County shall receive a salary of $300.00 per month, and the other members of the board of education shall receive a salary of $250.00 per month."

SECTION 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to amend an Act changing the method of selecting the members of the board of education of Miller County, approved March 21, 1968 (Ga. L. 1968, p. 2529), as amended; and for other purposes.
This 31st day of January, 2007.
Robert L. Phillips

3794

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald E. Greene, who on oath deposes and says that he is the Representative from District 149 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Miller County Liberal which is the official organ of Miller County on January 31, 2007, and that the notice requirements ofCode Section 28-1-14 have been met.

s/ GERALD E. GREENE Gerald E. Greene Representative, District 149

Sworn to and subscribed before me, this 9th day of February 2007.

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

Approved May 18,2007.

CITY OF GARDEN CITY- PRESIDENT OF COUNCIL; ELECTION; DUTIES.
No. 162 (House Bill No. 362).
AN ACT
To amend an Act creating a new charter for the City of Garden City, approved April!?, 1973 (Ga. L. 1973, p. 3581), as amended, so as to provide for the election by the mayor and the city council of a president of council who shall assume the duties of the mayor in the event that the mayor and the mayor pro tern are unavailable; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

GEORGIA LAWS 2007 SESSION

3795

SECTION 1. An Act creating a new charter for the City of Garden City, approved April 17, 1973 (Ga. L. 1973, p. 3581), as amended, is amended by revising subsection (b) of Section 2.20 as follows: '(b) The Council shall meet for organization at its first regular meeting next following the meeting where the oath of office has been administered. The Council, by a majority vote of all members thereof, shall elect one of their number to be Mayor Pro Tern, who shall serve for a term of two years and until his successor is elected and qualified. The Council shall also, by majority vote of all the members thereof, elect one of their number, other than the Mayor and Mayor Pro Tern, to be President of Council who shall assume the Mayor's position in the event that the Mayor and Mayor Pro Tern are both unavailable. The President of Council shall serve for a term of two years and until his successor is elected and qualified. If the Mayor Pro Tern or President of Council leave office before their respective terms have expired, he shall be replaced by a majority vote of Council at any regular meeting of the City Council."

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 2007 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Garden City, approved April17, 1973 (GA. L. 1973, P. 3581 ), as amended, so as to provide for the election by the mayor and the city council of a president of council who shall assume the duties of the mayor in the event that the mayor pro-tem be elected by secret ballot; to provide for an effective date; and for other purposes.
This 9th day of January, 2007.
Representative Bob Bryant 160th District

3796

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Bryant, who on oath deposes and says that he is the Representative from District 160 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Savannah Morning News which is the official organ of Chatham County on January 19, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

s/ BOB BRYANT Bob Bryant Representative, District 160

Sworn to and subscribed before me, this 8th day of February 2007.

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

Approved May 18,2007.

CITY OF CONYERS- REDEVELOPMENT POWERS; REFERENDUM.
No. 163 (House Bill No. 364).
AN ACT
To authorize the City of Conyers 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 2007 SESSION

3797

SECTION 1. The City of Conyers 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 Conyers 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 of the State of Georgia of 1983, as amended, and to authorize the City of Conyers 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 Conyers 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 Conyers for approval or rejection. The municipal election superintendent shall conduct that election on the Tuesday after the first Monday in November, 2007, 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 Rockdale County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which authorizes the City of Conyers to exercise redevelopment powers under the 'Redevelopment Powers Law' as it may be
( ) NO 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 Conyers. 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.

3798

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to authorize the City of Conyers 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; and for other purposes.
This 31st day of January, 2007.
-s- Representative Robert F. Mumford 95th 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 Rockdale Citizen which is the official organ of Rockdale County on February 3, 2007, and that the notice requirements of Code Section 28-1-14 have been met.
s/ ROBERT F. MUMFORD Robert F. Mumford Representative, District 95
Sworn to and subscribed before me, this 9th day of February 2007.
sf DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 18,2007.

GEORGIA LAWS 2007 SESSION CITY OF RICHLAND- NEW CHARTER.

3799

No. 164 (House Bill No. 477).

AN ACT

To reincorporate and provide a new charter for the City of Richland in Stewart County, Georgia; to provide for boundaries and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling 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 eminent domain; 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 Richland in the County of Stewart, approved August 16, 1922 (Ga. L. 1922, p. 925), as amended; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

ARTICLE 1 CREATION, INCORPORATION, POWERS
SECTION 1.10. Name.

The City of Richland, in Stewart 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 of the City of Richland, Georgia, and by that name shall have perpetual existence. References in this charter to "the city" or "this city" refer to the City of Richland.

3800

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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 general state law. The boundaries of this city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the city clerk and to be designated, as the case may be: "Official Map (or Description) of the corporate limits of the City of Richland, Georgia." Photographic, typed, or other copies of such map or description certified by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect as the original map or description. (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 but such earlier maps shall be retained in the office of the city clerk.

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) Air and Water Pollution. To regulate, consistent with federal and state law, 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 the same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this charter; (3) Appropriations and Expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city;

GEORGIA LAWS 2007 SESSION

3801

(4) Building Regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; and to regulate all housing and building trades; (5) Business Regulation and Taxation. To levy and to provide for collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method ofpayment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees; (6) Condemnation. To condemn property, inside or outside the corporate limits ofthe 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 entitles and with private persons, firms, corporations, and other legal entities; (8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or outside the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (9) 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; (10) 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; (11) Garbage Fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, corporations, and legal entities residing in or doing business in the city benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (12) General Health, Safety, and Welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (13) Gifts. To accept or refuse gifts, donations, bequests, devises, 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;

3802

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(14) Health and Sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (15) Jail Sentences. To provide that persons given jail sentences in the municipal court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city; to provide for commitment of such persons to any jail; or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (16) Motor Vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city; (17) Municipal Agencies and Delegation of Power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (18) Municipal Debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (19) Municipal Property Ownership. To acquire, dispose of, 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; (20) Municipal Property Protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (21) Municipal Utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, 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; (22) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (23) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (24) Planning and Zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community;

GEORGIA LAWS 2007 SESSION

3803

(25) Police and Fire Protection. To exercise the power of arrest through duly appointed police officers or in any other manner provided by the general laws of the State of Georgia; and to establish, operate, or contract for a police and a fire-fighting agency; (26) Public Hazards; Removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (27) Public Improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, 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 public improvements, inside or outside the corporate limits of the city; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are now or may hereafter be enacted; (28) Public Peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (29) Public Transportation. To organize and operate or contract for such public transportation systems as are deemed beneficial; (30) Public Utilities and services. To grant franchises or make contracts for or impose taxes on public utilities and public service companies not to exceed periods of35 years and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Georgia Public Service Commission; (31) Regulation of Roadside Areas. To prohibit or regulate and control the erection, removal, and maintenance ofsigns, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, within or abutting the corporate limits of the city, and to prescribe penalties and punishment for violation of such ordinances; (32) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (33) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; to negotiate and execute leases over, through, under, or across any city property or the right of way of any street, road, alley, and walkway or portion thereofwithin the corporate limits ofthe city for bridges, passageways, or any other purpose or use between buildings on opposite sides of the street and for other bridges, overpasses, and underpasses for private use at such location and to charge a rental therefor in such manner as may be provided by ordinance; to authorize and control the

3804

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

construction ofbridges, overpasses, and underpasses within the corporate limits ofthe city; 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 sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (34) Sewer Fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system and to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use 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; (35) 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; (36) Special Areas or Public Regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of any intoxicating liquors, and the use offirearms; to regulate the transportation, storage, and use ofcombustible, 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, adult entertainment establishments, and massage parlors; (3 7) Special Assessments. To levy and provide for the collection of special assessments to cover costs for any public improvements; (38) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (39) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; (40) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (41) Urban Redevelopment. To organize and operate an urban redevelopment program; and (42) Other Powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary or desirable to carry into execution

GEORGIA LAWS 2007 SESSION

3805

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.

(a) All powers, functions, rights, privileges, and immunities ofthe city, its officers, agencies, or employees shall be carried into execution as provided by this charter. Ifthis charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia. (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 power; 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, ELECTIONS, AND REMOVAL
SECTION 2.10. City council creation; composition; number, elections.

(a) The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and five councilmembers. (b) The mayor and councilmembers shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless he or she shall have been a resident of this city for 12 months immediately preceding the election of mayor or councilmembers. Each such person shall continue to reside within the city during said period of service and shall be registered and qualified to vote in municipal elections of this city. No person's name shall be listed as a candidate on the ballot for election for either mayor or councilmember unless such person shall file a written notice with the clerk of 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."

3806

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 2.11. Elections.

(a) At any election, all persons who are qualified under the Constitution and laws ofGeorgia 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 the "Georgia Election Code." (c) The mayor and councilmembers who are in office on the effective date of this Act shall serve until the expiration of the term of office to which they were elected and until their successors are elected and qualified. (d) For the purpose of electing members of the city council, the city council shall consist of five city council posts, at large, designated Council Posts I through 5. Each person seeking election shall be at least 21 years of age and be a qualified voter within the City of Richland. Each member shall be elected by a majority of the qualified electors voting. Each member of the council shall, during his or her term of office, continue to meet such qualifications. (e) The mayor of the City of Richland shall be at least 21 years of age and be elected by the registered voters within the corporate limits of the city. (f) The city councilmembers for Council Posts I and 2 shall be elected at the general election for the city to be held during 2007 for terms of four years. The city councilmembers for Council Posts 3, 4, and 5 and the mayor shall be elected at the general election for the city to be held during 2009 for terms of four years. Future successors shall be elected at the general election of the city immediately preceding the expiration of terms of office and shall take office on the first day of January following their election.

SECTION 2.12. 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. (2) Upon the suspension from office of mayor or councilmember in any manner authorized by the general laws of the State of Georgia, the city council or those remaining shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and shall be filled as provided in subsection (b) of this section. (b) In the event that the office of mayor or councilmember shall become vacant, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within six months of the

GEORGIA LAWS 2007 SESSION

3807

expiration of the term of that office, the city council or those members remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.

SECTION 2.13. Nonpartisan elections.

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

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 resolution or ordinance and in accordance with Chapter 35 of Title 36 of the O.C.G.A.

SECTION 2.16. Conflicts of interest; holding other offices.

(a) No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his or her official duties or which would tend to impair the independence of his or her judgment or action in the performance of his or her official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his or her official duties or would tend to impair the independence of his or her judgment or action in the performance of his or her official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which he or she is engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or herself or others;

3808

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(4) Accept any valuable gift, whether in the form of service, loan, object, or promise, from any person, firm, corporation or other legal entity which to his or her knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which he or she is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he or she has a financial interest. (b) Any elected official, appointed officer, or employee who has any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the city council. The mayor or any councilmember who has a private interest in any matter pending before the city council shall disclose such private interest and such disclosure shall be entered on the records of the city council, and he or she shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee ofany agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity. (c) No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit, except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (d) Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council. (e) Except as authorized by law, no member of the council shall hold any other elective city office or other city employment during the term for which he or she was elected. The provisions of this subsection shall not apply to any person holding employment on the effective date of this Act.

SECTION 2.17. Removal of officers.

(a) 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:
(I) 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;

GEORGIA LAWS 2007 SESSION

3809

(4) Knowingly violating Section 2.16 or any other express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; or (6) Failure for any other cause to perform the duties of office as required by this charter or state law. (b) Removal of any officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods: (1) By the vote of three councilmembers after an investigative hearing. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service 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 Stewart County, Georgia. 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 Stewart County following a hearing on a complaint seeking such removal brought by any resident of the City of Richland.

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 council shall be punished as provided by ordinance.

SECTION 2.19. General power and authority.

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

ARTICLE Ill ORGANIZATION OF GOVERNMENT, GENERAL AUTHORITY, AND ORDINANCES
SECTION 3.10. Organizational meetings.

The city council shall hold an organizational meeting at the first regular meeting 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:

3810

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

"I do solemnly swear (or affirm) that I will faithfully perform the duties of (mayor or councilmember, as the case may be) 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 3.11. Regular and special meetings.

(a) The city council shall hold regular meetings at such times and places as shall be prescribed by resolution or ordinance. (b) Special meetings of the city council may be held on call of the mayor or any three members of the city council. Notice of such special meeting shall be served on all other members personally, or by telephone personally, at least 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 3.12. Rules of procedure.

(a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping of a journal/minutes 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.

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/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 journal/minutes.

GEORGIA LAWS 2007 SESSION

3811

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 shall not have a vote on the council; however, the mayor shall be entitled to vote in order to break a tie vote.

SECTION 3.14. 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 Richland, 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 3.16 of this charter. Upon introduction of any ordinance, the city clerk shall as soon as possible distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office ofthe city clerk and at such other public places as the city council may designate.

SECTION 3.15. Action requiring an ordinance.

Acts ofthe city council which have the force and effect oflaw shall be enacted by ordinance.

SECTION 3.16. Emergencies.

(a) To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor, mayor pro tempore 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 of at least three councilmembers shall be

3812

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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 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: (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 of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the city clerk pursuant to Section 3.18 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the city clerk for inspection by the public. Copies shall also be made available for purchase at a reasonable price not to exceed the cost of producing such copies.

SECTION 3.18. Signing; authenticating; recording.

The city 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.

SECTION 3.19. Election of mayor; forfeiture, compensation.

The mayor shall be elected and serve for a term of four years and until the mayor's successor is elected and qualified. The mayor shall be a qualified elector of this city and shall have been a resident 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

GEORGIA LAWS 2007 SESSION

3813

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

SECTION 3.20. Chief executive officer.

The mayor shall be the chief executive officer of this city. The mayor shall possess all of the executive and administrative power granted to the city under the Constitution and laws ofthe State of Georgia and all the executive and administrative powers contained in this charter to include but not limited to:
(I) Presiding at all meetings of the city council; (2) Being the head of the city for the purpose of service of process and for ceremonial purposes, and being the official spokesperson for the city and the chief advocate of policy; (3) Having power to administer oaths and to take affidavits; (4) Signing 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) Appointing such committees and committee chairpersons of the city council as he or she shall deem reasonable and necessary.

SECTION 3.21. Powers and duties of the mayor.

As the chief executive officer of this city, the mayor shall: (I) See that all laws and ordinances of the city are faithfully executed; (2) Appoint and remove all officers, department heads, and employees of the city except as otherwise provided in this charter; (3) Exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities; (4) Prepare and submit to the 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 3.II of this charter; (8) Approve or disapprove ordinances as provided in Section 3.22 of this charter; (9) Provide for an annual audit of all accounts of the city;

3814

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(10) 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 counci1member; and (12) Perform such other duties as may be required by law, this charter, or ordinance.

SECTION 3.22. 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 three 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 third 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 of appropriation 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 3.23. 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 2007 SESSION
ARTICLE IV ADMINISTRATIVE AFFAIRS
SECTION 4.10. Administrative and service departments.

3815

(a) Except as otherwise provided in this charter, the city council by resolution or ordinance shall prescribe the functions or duties and establish, abolish, alter, consolidate, or leave vacant all nonelective offices, positions ofemployment, departments, and agencies ofthe city as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers and directors of the departments shall receive such compensation as prescribed by resolution or 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 appointed officers shall be nominated by the mayor with confirmation of appointment by the city council. The mayor may suspend or remove directors and appointed officers, or confirm the suspension or removal of employees by department directors, and such action shall be effective immedi'ately 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 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, quasi-legislative function the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The city council by resolution or ordinance may provide for the compensation and reimbursement for actual and necessary expenses of the members ofany board, commission, or authority.

3816

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 or otherwise provided by law 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 4.12. 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. The city attorney shall be a member of the State Bar of Georgia in good standing and shall have been engaged in the active practice of law in Georgia for a period of not less than five years.

SECTION 4.13. 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 2007 SESSION
SECTION 4.14. City auditor.

3817

The city council and mayor shall appoint a city auditor to perform the duties of an auditor/accountant.

SECTION 4.15. 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 4.16. Personnel policies.

The city council shall adopt rules and regulations consistent with this charter concerning: (I) The method of employee selection, probation periods, promotion, and transfer; (2) Hours of work, vacation, sick leave, and other leaves ofabsence, 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 V MUNICIPAL COURT
SECTION 5.10. Creation; name.

There shall be a court to be known as the Municipal Court of the City of Richland, Georgia.

SECTION 5.11. 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 resolution or ordinance.

3818

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(b) No person shall be qualified or eligible to serve as a judge on the municipal court unless that person shall have attained the age of 21 years, be a member of the State Bar of Georgia in good standing, and 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 resolution or 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 of the city council journal/minutes required in Section 3.12 of this charter.

SECTION 5.12. Convening.

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

SECTION 5.13. Jurisdiction; powers.

(a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have the authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail or both. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 180 days or both or may fix punishment by fine, imprisonment, or alternative sentencing, as now or hereafter provided by law. (d) The municipal court shall have the authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law. (e) The municipal court shall have authority to establish bail and recognizance to ensure the presence of those charged with violations before 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 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

GEORGIA LAWS 2007 SESSION

3819

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 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. (i) 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. (j) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to municipal courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations.

SECTION 5.14. Certiorari.

The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Stewart 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 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.

3820

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 5.16. 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 when desired.

ARTICLE VI ELECTIONS AND REMOVAL
SECTION 6.10. 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 6.11. 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 two councilmembers at one election and at every other election thereafter. The remaining three city council seats and the mayor shall be filled at the election alternating with the first election so that a continuing body is created.

SECTION 6.12. 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 6.13. Election by majority.

The person receiving a majority of the votes cast for any city office shall be elected.

SECTION 6.14. Vacancies.

In the event that the office of mayor or councilmember shall become vacant, the terms of Section 2.12 of this charter shall control and determine the method for filling such office.

GEORGIA LAWS 2007 SESSION
SECTION 6.15. Other provisions.

3821

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."

ARTICLE VII FINANCE
SECTION 7.10. 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 7.11. Millage rate; due dates; payment methods.

The city council by ordinance or resolution shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council by ordinance or resolution 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 7.12. 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 7.18 of this charter.

SECTION 7.13. Licenses.

The city council by ordinance shall have the power to require any individual or corporation who transacts business in this city or who practices or offers to practice any profession or

3822

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

calling with 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 7.18 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 7.14. Franchises.

The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes ofrailroads, 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. This provision shall not restrict the city from imposing other taxes as provided by state law.

SECTION 7.15. 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 7.18 of this charter.

SECTION 7.16. 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. If unpaid, such charges shall be collected as provided in Section 7.18 of this charter.

GEORGIA LAWS 2007 SESSION
SECTION 7.17. Construction; other taxes and fees.

3823

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 7.18. 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 7.10 through 7.17 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi.fas.; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking city permits for failure to pay any city taxes or fees; and providing for the assignment or transfer of tax execution.

SECTION 7.19. General obligation bonds.

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

SECTION 7.20. 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 7.21. 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.

3824

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 7.22. 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 7.23. Fiscal year.

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

SECTION 7.24. Preparation of budgets.

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

SECTION 7.25. 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 7.29 of this charter, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.

GEORGIA LAWS 2007 SESSION
SECTION 7.26. Action by city council on budget.

3825

(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 or resolution 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 or resolution setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance or resolution adopted pursuant to Section 7.24 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 ofthe otherwise unencumbered balance ofthe appropriations or allotment thereof to which it is chargeable.

SECTION 7.27. Tax levies.

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

SECTION 7.28. Changes in appropriations.

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 purpose.

3826

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 7.29. 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 3.16 of this charter. (b) The city council shall adopt by ordinance or resolution 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 majority vote of the city council.

SECTION 7.30. 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 section. Copies of annual audit reports shall be available at printing costs to the public.

SECTION 7.31. Contracting procedures.

No contract with the city shall be binding on the city unless: (I) 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/minutes of proceedings pursuant to Section 3.12 of this charter.

GEORGIA LAWS 2007 SESSION
SECTION 7.32. Centralized purchasing.

3827

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

SECTION 7.33. Sale and lease of city property.

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

ARTICLE VIII GENERAL PROVISIONS
SECTION 8.10. Bonds for officials.

The officers and employees ofthis 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 resolution or as may be provided by law.

3828

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 8.11. 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 8.12. 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 until and unless changes are made by a majority vote of city council.

SECTION 8.13. 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 8.14. Construction.

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

SECTION 8.15. 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

GEORGIA LAWS 2007 SESSION

3829

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 8.16. Specific repealer.

An Act incorporating the City of Richland in the County of Stewart, approved Aprill6, 1922 (Ga. L. 1922, p.925), is hereby repealed in its entirety and all amendatory acts thereto are likewise repealed in their entirety.

SECTION 8.17. Effective date.

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

SECTION 8.18. 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 2007 session of the General Assembly of Georgia a bill to provide a new charter for the City of Richland 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 ofinterest, 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

3830

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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 Richland, approved August 16, 1922 (Ga. L. 1922, p. 925); and for other purposes.

This 23rd day of January, 2007.

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 Patriot-Citizen which is the official organ of Stewart County on January 25, 2007, 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 15th day of February, 2007.

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

Approved May 18, 2007.

CHEROKEE COUNTY - CHEROKEE COUNTY PARKS AND RECREATION AUTHORITY; REPEAL.
No. 165 (House Bill No. 403).
AN ACT
To repeal an Act creating the Cherokee County Parks and Recreation Authority, approved April 5, 1995 (Ga. L. 1995, p. 4223), as amended, so as to provide for the disposition of

GEORGIA LAWS 2007 SESSION

3831

property and the assumption of liabilities; to provide for existing contracts; to provide for personnel; to provide for the redirection of funding; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating the Cherokee County Parks and Recreation Authority, approved April 5, 1995 (Ga. L. 1995, p. 4223), and all amendatory Acts thereto, are repealed.

SECTION 2. Title to all property of any kind and nature, real and personal, held by the Cherokee County Parks and Recreation Authority on the effective date of this Act shall be conveyed to Cherokee County, subject to any liens, leases, or other encumbrances outstanding against or in respect to such property at the time of such conveyance.

SECTION 3. Any and all contracts existing in the name of the Cherokee County Parks and Recreation Authority on the effective date of this Act shall be assigned to, as assumed by, Cherokee County.

SECTION 4. Employees of the Cherokee County Parks and Recreation Authority may, at the discretion of the governing authority of Cherokee County, become employees of Cherokee County. Members of the authority shall not be deemed employees of the authority.

SECTION 5. Any and all funding provided to the Cherokee County Parks and Recreation Authority shall be redirected to Cherokee County including, without limitation, funding provided through taxes assessed on alcoholic beverages within Cherokee County.

SECTION 6. 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 2007 session ofthe General Assembly of Georgia a bill to provide for the dissolution of the Cherokee County Parks and Recreation Authority and for other purposes.

3832

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

This 1st day of February, 2007

Representative Charlice Byrd

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Sean Jerguson, who on oath deposes and says that he is the Representative from District 22 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Cherokee Tribune which is the official organ of Cherokee County on February 7, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

s/ SEAN JERGUSON Sean Jerguson Representative, District 22

Sworn to and subscribed before me, this 8th day of February, 2007.

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

Approved May 18,2007.

CITY OF ATLANTA- COMMUNITY IMPROVEMENT DISTRICTS; COMPOSITION AND APPOINTMENT OF DISTRICT BOARD.
No. 166 (House Bill No. 465).
AN ACT
To amend an Act creating one or more community improvement districts in the City of Atlanta, Georgia, approved April 4, 1991 (Ga. L. 1991, p. 3653), as amended by an Act approved April16, 1999 (Ga. L. 1999, p. 4439), and amended by an Act approved April28, 2000 (Ga. L. 2000, p. 4564), so as to change a provision relating to the appointment of one member of the district board; to add a provision relating to the election of an additional

GEORGIA LAWS 2007 SESSION

3833

member of the district board upon annexation; 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 one or more community improvement districts in the City of Atlanta, Georgia, approved April4, 1991 (Ga. L. 1991, p. 3653), as amended by an Act approved Aprill6, 1999 (Ga. L. 1999, p. 4439), and amended by an Act approved April28, 2000 (Ga. L. 2000, p. 4564), is amended in Section 5 by revising subsections (a) and (c) as follows:

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

(a) Each district created pursuant to this Act shall be administered by a board composed of at least nine board members to be appointed and elected as provided in this section. One board member shall be appointed by the mayor; two members shall be appointed by the president of the city council, one of whom shall be the member of the city council whose council district encompasses the largest geographical area within the community improvement district; and the remaining board members shall be elected by the owners of real property within the district subject to taxes, fees, and assessments levied by the board. The appointed board members shall serve at the pleasure of the city governing body for terms of office not to exceed four years. The initially elected board members shall serve for terms of office as follows: one-half thereof, or less than half if an odd number, shall serve for two years, and the remaining board members shall serve for four years, respectively. Thereafter, all terms ofoffice shall be for four years, including the appointed board members who serve at the pleasure of the city governing body."

"(c) The board, when first formed, shall include six elected board members. One board member shall be elected by majority vote of the electors present and voting at the caucus, on the basis of one vote per each elector. Said board member shall be elected to a term of office of two years at the initial caucus of electors when the board is first formed and to terms of office of four years thereafter. The remainder of the elected board members shall be elected by a majority of the votes cast by the electors present and voting at the caucus, with each elector having one vote for each $1 ,000.00, or fraction thereof, in assessed value of the property owned by the elector subject to taxes, fees, or assessments levied by the board. All vacancies to be filled through election shall be filled by majority vote in the same manner as the election for the board member previously holding the seat. Should the boundaries of the district be expanded pursuant to Section 7 of this Act after January I,

3834

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

2007, and should any such expansion add at least 10 percent by value to the property which, prior to the date of such expansion, is subject to taxes, fees, and assessments levied by the board as determined by the most recent county ad valorem tax digest, there shall be added to the board an additional elected board member."

SECTION 2. This Act shall become effective on July 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 2007 session of the General Assembly of Georgia a bill to amend an Act creating one or more community improvement districts in the City of Atlanta, Georgia, approved April4,1991 (Ga. L. 1991, p.3653), as amended by an Act approved Aprill6,1999 (Ga. L. 1999, p. 4439), and amended by an Act approved April 28,2000 (Ga. L., 2000, p.4564), so as to change a provision relating to the appointment of one member of the district board; to add a provision relating to the election of an additional member of the district board upon annexation; to provide an effective date; and for other purposes.
This 1st day of February,2007.
REPRESENTATIVE EDWARD LINDSEY 54TH District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Edward H. Lindsey, Jr., who on oath deposes and says that he is the Representative from District 54 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County on February 7, 2007, and that the notice requirements of Code Section 28-1-14 have been met.
sl EDWARD H. LINDSEY, JR. Edward H. Lindsey, Jr. Representative, District 54

GEORGIA LAWS 2007 SESSION
Sworn to and subscribed before me, this 8th day of February 2007.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 18, 2007.

3835

CITY OF LILBURN- REDEVELOPMENT POWERS; REFERENDUM.
No. 167 (House Bill No. 483).
AN ACT
To authorize the City of Lilburn to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The City of Lilburn 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 Lilburn to undertake and carry out community redevelopment, to create tax allocation districts, to issue tax allocation bonds, and to incur other obligations within the meaning of and as fully permitted under the provisions of Article IX, Section II, Paragraph VII(b) of the Constitution of the State of Georgia of 1983, as amended, and to authorize the City of Lilburn 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 Lilburn 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 Lilburn for

3836

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

approval or rejection. The municipal election superintendent shall conduct that election on the Tuesday after the first Monday in November, 2007, 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 Gwinnett County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which authorizes the City of Lilburn to exercise redevelopment powers under the 'Redevelopment Powers Law,' as it may
( ) NO be amended from time to time, for the purpose of improving economic and social conditions in depressed areas within the city?"
All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become of full force and effect immediately. If Section I of this Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Lilburn. 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 2007 Session of the General Assembly of Georgia a bill to authorize the City of Lilburn 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, and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clay Cox, who on oath deposes and says that he is the Representative from District 102 and further deposes and says that the attached Notice of Intention to Introduce

GEORGIA LAWS 2007 SESSION

3837

Local Legislation was published in the Gwinnett Daily Post which is the official organ of Gwinnett County on February 10, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

s/CLAY COX Clay Cox Representative, District 102

Sworn to and subscribed before me, this 15th day of February, 2007.

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

Approved May 18,2007.

ROCKDALE COUNTY- STATE COURT; JUDGE; COMPENSATION.
No. 168 (House Bill No. 508).
AN ACT
To amend an Act creating the State Court of Rockdale County, approved April 2, 1987 (Ga. L. 1987, p. 5452), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4764), so as to change the provisions relating to the salary of the judge of said court; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the State Court of Rockdale County, approved April 2, 1987 (Ga. L. 1987, p. 5452), as amended, particularly by an Act approved Aprill6, 1999 (Ga. L. 1999, p. 4 764), is amended by revising subsection (c) of Section 11 as follows:
(c) The state court judge of Rockdale County shall receive an annual salary equal to 92.5 percent of the annual salary of a superior court judge in Rockdale County. For purposes of this section, the annual salary of a superior court judge in Rockdale County shall be the

3838

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

annual sum of that salary paid from state funds and the local supplement paid by Rockdale County.
(I) The annual salary of the state court judge as calculated in accordance with this subsection shall be payable in equal monthly installments from the funds of Rockdale County and shall become effective July I, 2007. (2) The state court judge shall be authorized to participate in the Group Retirement Program, the Group Hospitalization Benefit Program, and any similar or related plan or program on the same basis as other officers and employees of Rockdale County if he or she meets the normal eligibility requirements of the plans or programs.0

SECTION 2. This Act shall become effective on July I, 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 2007 session of the General Assembly of Georgia a bill to amend an Act to provide for the compensation for judges of the superior court of Rockdale Judicial Circuit, state court judges of Rockdale Judicial Circuit, the district attorney, the judge of probate court, the clerk of superior court, the tax commissioner, the sheriff, the chiefjudge ofthe magistrate court, the coroner, and the board of commissioners of Rockdale County; and for other purposes.
This 31st day of January, 2007.
-s- Representative Robert F Mumford 95th 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 Rockdale Citizen which is the official organ of Rockdale County on February 6, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

GEORGIA LAWS 2007 SESSION
s/ ROBERT F. MUMFORD Robert F. Mumford Representative, District 95
Sworn to and subscribed before me, this 9th day ofFebruary 2007.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 18,2007.

3839

GORDON COUNTY -BOARD OF COMMISSIONERS; COMMISSION DISTRICTS.
No. 169 (House Bill No. 511).
AN ACT
To amend an Act providing for the office of commissioner of Gordon County, approved March 21, 1974 (Ga. L. 1974, p. 2522), as amended, particularly by an Act providing for a board ofcommissioners of Gordon County, approved March 13, 1975 (Ga. L. 1975, p. 2719), and an Act approved March 12, 1984 (Ga. L. 1984, p. 3897), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current board members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for the office of commissioner of Gordon County, approved March 21, 1974 (Ga. L. 1974, p. 2522), as amended, particularly by an Act providing for a board of commissioners of Gordon County, approved March 13, 1975 (Ga. L. 1975, p. 2719), and an Act approved March 12, 1984 (Ga. L. 1984, p. 3897), is amended by revising subsection (b) of Section 1 as follows:

3840

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(b)( 1) For purposes of electing members of the board of commissioners, Gordon County is divided into five commissioner districts. The five commissioner districts shall be and correspond to those five numbered districts described in and attached to and made a part of this Act and further identified as Plan Name: gord07p 1 Plan Type: Local User: Gina Administrator: Gordon. (2) When used in such attachment, the terms 'Tract' and 'BG' (Block Group) shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. The separate numeric designations in a Tract description which are underneath a 'BG' heading shall mean and describe individual Blocks within a Block Group as provided in the report of the Bureau of the Census for the United States decennial census of2000 for the State of Georgia. Any part of Gordon County which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of Gordon 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 ofGeorgia. 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. (3) Commissioner Districts 1, 2, 3, 4, and 5, as they exist immediately prior to the effective date of this Act, shall continue to be designated as Commissioner Districts 1, 2, 3, 4, and 5, respectively, but as newly described under this Act, and on and after the effective date of this Act, such members of the board serving from those former commissioner districts shall be deemed to be serving from and representing their respective districts as newly described under this Act."

SECTION 2. The Board of Commissioners of Gordon County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.

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

GEORGIA LAWS 2007 SESSION
Plan Name: gord07pl Plan Type: Local User: Gina Administrator: Gordon
Redistricting Plan Components Report
District 00 I Gordon County
Tract: 9702 BG:4 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 4995 4996 4997 4998 Tract: 9704 BG: 3 3013 3014 3015 3016 3017 3018 3019 3020 3035 3036 3037 Tract: 9706 BG: I BG: 2 BG: 3 BG:4 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4040 4041 4042 4043 4044 4045 4046 4047 4053 4062 4063 4064 4065 4066 4070 4082 Tract: 9707 BG: I 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019102010211022 1023 1024 1025 1026 1027 1028 1041 1043 1044 1045 BG: 2 BG: 3
District 002 Gordon County
Tract: 9702 BG: 1 10001001 1002 1003 10041005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1017 1018 1019 10201021 1022 1023 10241025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1993 1994 1995 1996 BG: 2

3841

3842

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

BG: 3 BG:4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 40 I 0 4011 401240134014401540164017401840194020402140224023 4024 4025 4026 4027 4999 Tract: 9703 BG: 1 1007 1008 10091010 lOll 1012 1013 10141015 1016 1026 1027 1028 1029 1995 1996 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2045 2046 2048 2049 2050 2051 2052 2053 2054 2056 2057 2058 2059 2060 2082 2083 2095 2096 2097 2098 2099 2100 2101 2102 BG: 3 BG:4 4004 4005 4006 4007 4010 4011 4012 4013 4014 4015 4016 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4992 4993 4994 4995 4996 4997 4998 4999

District 003 Gordon County
Tract: 9703 BG: 1 1006 1017 1018 1019 1020 1021 1022 1023 1024 1025 BG: 2 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2047 2055 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2103 BG:4 4000 4001 4002 4003 4008 4009 401 7 4018 4019 4020 4021 4022 Tract: 9704 BG: 1 1005 1006 1007 1008 1009 1010 lOll 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1999 BG:2 BG: 3

GEORGIA LAWS 2007 SESSION
300030013002300330043005300630073008300930103011 3012 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 Tract: 9705 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 10141015 1016 1017 1018 1019 10201021 1022 1023 1025 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 BG: 2 BG: 3
District 004 Gordon County
Tract: 9705 BG: 1 1024 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 Tract: 9706 BG:4 400040014002400340044039404840494050405140524054 405540564057405840594060406140674068406940714072 4073 4074 4075 4076 4077 4078 4079 4080 4081 Tract: 9707 BG: 1 1000 1001 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1042 Tract: 9708 BG: 1 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 BG:2 BG: 3 Tract: 9709 BG: 2 2008 2009 2010 20112012 2013 2014 2015 2016 2017 2018 2019 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 BG: 3

3843

3844

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

District 005 Gordon County
Tract: 9701 Tract: 9702 BG: 1 1015 1016 1035 1036 1997 1998 1999 Tract: 9703 BG: 1 1000 1001 1002 1003 1004 1005 1030 1031 1032 1997 1998 1999 Tract: 9704 BG: 1 1000 1001 1002 1003 1004 Tract: 9708 BG: 1 1000 1001 1002 1003 Tract: 9709 BG: 1 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 203620372038203920402041204220432044204520462047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2999

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to amend an Act providing for the office of commissioner of Gordon County, approved March 21, 1974 (Ga. L. 1974, p. 2522), as amended, particularly by an Act providing for a board of commissioners of Gordon County, approved March 13, 1975 (Ga. L. 1975, p. 2719), and an Act approved March 12, 1984 (ga. L. 1984, p. 3897), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current board members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; and for other purposes.
This 5th day ofFebruary, 2007.
Representative John Meadows 5th District

GEORGIA LAWS 2007 SESSION GEORGIA, FULTON COUNTY

3845

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John D. Meadows, III, who on oath deposes and says that he is the Representative from District 5 and further deposes and says that the attached Notice oflntention to Introduce Local Legislation was published in the Calhoun Times which is the official organ of Gordon County on February 10,2007, and that the notice requirements ofCode Section 28-1-14 have been met.

s/ JOHN D. MEADOWS, III John D. Meadows, III Representative, District 5

Sworn to and subscribed before me, this 20th of February 2007.

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

Approved May 18,2007.

CITY OF JOHNS CREEK- CITY OF JOHNS CREEK PUBLIC BUILDINGS AND FACILITIES AUTHORITY; CREATION.
No. 170 (House Bill No. 523).
AN ACT
To create the City of Johns Creek Public Buildings and Facilities Authority and to provide for the appointment of members of the authority; to confer powers upon the authority; to authorize the issuance of revenue bonds of the authority payable from the revenues, tolls, fees, charges, and earnings of the authority, to contract payments to the authority from other moneys pledged therefor, and to authorize the collection and pledging of the revenues, tolls, fees, charges, earnings, and contract payments of the authority for the payment of such revenue bonds; to authorize the execution of resolutions and trust indentures to secure the payment of the revenue bonds of the authority and to define the rights of the holders of such obligations; to make the revenue bonds of the authority exempt from taxation; to fix and

3846

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

provide the venue and jurisdiction of actions relating to any provisions of this Act; to provide for the validation of bonds; to provide for the separate enactment of each provision of this Act; 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. Short title.

This Act shall be known and may be cited as the "City of Johns Creek Public Buildings and Facilities Authority Act."

SECTION 2. City of Johns Creek Public Buildings and Facilities Authority.

(a) There is hereby created a public body corporate and politic to be known as the "City of Johns Creek Public Buildings and Facilities Authority," which shall be deemed to be a political subdivision of this state and a public corporation, and by that name, style, and title, said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The authority shall have perpetual existence. (b) The authority shall consist of five members who shall be appointed by the mayor of Johns Creek. The mayor's appointment shall be confirmed by a majority vote of the city councilmembers and mayor, or the appointment shall not be effective. With respect to the initial appointment by the mayor, two members shall be appointed for a term of three years, two members shall be appointed for a term of two years, and one member shall be appointed for a term of one year. Thereafter, all appointments shall be made for terms of three years and until successors are appointed and qualified. Immediately after such appointments, the members of the authority shall enter upon their duties. To be eligible for appointment as a member of the authority, a person shall be at least 21 years of age, shall be a resident of the City of Johns Creek, Georgia, for at least one year prior to the date of his or her appointment, and shall not have been convicted of a felony. Any member of the authority may be selected and appointed to succeed himself or herself. (c) The mayor of the City of Johns Creek may provide by resolution for compensation for the services of the members of the authority in such amounts as they may deem appropriate; provided, however, that such members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. (d) The members 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

GEORGIA LAWS 2007 SESSION

3847

the authority. The secretary may also serve as treasurer. If the secretary and treasurer are not members ofthe authority, such officers shall have no voting rights. Each ofsuch officers shall serve for a period of one year and until their successors are duly elected and qualified. (e) Three members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the authority.

SECTION 3. Definitions.

As used in this Act, the term: (1) "Authority" means the City of Johns Creek Public Buildings and Facilities Authority created by this Act. (2) "City" means the City of Johns Creek. (3) "Costs of the project" means and embraces the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment; financing charges; interest prior to and during construction and for six months after completion of construction; the cost of engineering, architectural, fiscal agents and legal expenses, plans and specifications, and other expenses necessary or incidental to determining the feasibility or practicability ofthe project; administrative expenses and such other expenses as may be necessary or incident to the financing herein authorized; working capital; and all other costs necessary to acquire, construct, add to, extend, improve, equip, operate, and maintain the project. (4) "Project" means: (A) All buildings, facilities, and equipment necessary or convenient for the efficient operation of the City of Johns Creek, Georgia, or any department, agency, division, or commission thereof; and (B) Any undertaking permitted by the Revenue Bond Law. (5) "Revenue Bond Law" means the Revenue Bond Law of the State of Georgia (codified at Section 36-82-62 et seq. of the Official Code of Georgia Annotated, as amended), or any other similar law hereinafter enacted. (6) "Revenue bonds" means revenue bonds authorized to be issued pursuant to this Act. (7) "Self-liquidating" means any project which the revenues and earnings are to be derived by the authority therefrom, including, but not limited to, any contractual payments with governmental or private entities, and all properties used, leased, and sold in connection therewith, together with any grants, will be sufficient to pay the costs of operating, maintaining, and repairing the project and to pay the principal and interest on the revenue bonds or other obligations which may be issued for the purpose of paying the costs of the project.

3848

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 4. Powers.

The authority shall have the power: (1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, gift, condemnation, or otherwise and to hold, operate, maintain, lease, and dispose of real and personal property of every kind and character for its corporate purposes; providing, however, that prior to acquiring property by gift, any such gift shall be approved by the mayor; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights or easements therein, or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue, and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the authority, the authority being under no obligation to accept and pay for any property condemned under this Act, except from the funds provided under the authority of this Act, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceedings as may be just to the authority and to the owners of the property to be condemned, and no property shall be acquired under the provisions of this Act upon which any lien or encumbrance exists, unless at the time such property is so acquired a sufficient sum of money is to be deposited in trust to pay and redeem the fair value of such lien or encumbrance; (4) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and fix their respective compensations; (5) To execute contracts, leases, installment sale agreements, and other agreements and instruments necessary or convenient in connection with the acquisition, construction, addition, extension, improvement, equipping, operation, or maintenance of a project; and any and all persons, firms and corporations, and the City of Johns Creek, Georgia, are hereby authorized to enter into contracts, leases, installment sale agreements, and other agreements or instruments with the authority upon such terms and for such purposes as they deem advisable and as they are authorized by law; (6) To acquire, construct, add to, extend, improve, equip, hold, operate, maintain, lease, and dispose of projects; (7) To pay the costs ofthe project with the proceeds of revenue bonds or other obligations issued by the authority or from any grant or contribution from the United States of America or any agency or instrumentality thereof or from the state or any agency or instrumentality or other political subdivision thereof or from any other source whatsoever;

GEORGIA LAWS 2007 SESSION

3849

(8) To accept loans, gifts, donations, or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may require; (9) To accept loans, gifts, donations, or grants of money or materials or property of any kind from the state or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the state or such agency or instrumentality or political subdivision may require; (I 0) To borrow money for any of its corporate purposes and to issue revenue bonds, and to provide for the payment of the same and for the rights of the holders thereof; (II) To exercise any power usually possessed by private corporations performing similar functions, including the power to incur short-term debt and to approve, execute, and deliver appropriate evidence of any such indebtedness; and (12) To do all things necessary or convenient to carry out the powers expressly given in this Act.

SECTION 5. Revenue bonds.

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

SECTION 6. Same; form; denomination; registration; place of payment.

The authority shall determine the form of the revenue bonds and shall fix the denomination or denominations of the revenue bonds. The revenue bonds may be issued in coupon or registered form, or both, as the authority may determine, and provision may be made for registration and exchangeability privileges. The authority shall fix the place or places of payment of principal and interest thereon.

3850

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 7. Same; signatures; seal.

All such revenue bonds shall bear the manual or facsimile signature of the chairperson or vice chairperson of the authority and the attesting manual or facsimile signature of the secretary, assistant secretary, or secretary-treasurer of the authority, and the official seal of the authority shall be impressed or imprinted thereon. Any coupons attached thereto shall bear the manual or facsimile signatures of the chairperson or vice chairperson and the secretary, assistant secretary, or secretary-treasurer of the authority. Any revenue bonds or coupons attached thereto may bear the manual or facsimile signature of such persons who, at the actual time of the execution of such revenue bonds or coupons, shall be duly authorized or hold the proper office, although at the date of issuance of such revenue bonds, such person may not have been so authorized or shall not have held such office. In case any officer whose signature shall appear on any revenue bond or any coupon shall cease to be such officer before the delivery of such revenue bond, such signature shall nevertheless be valid and sufficient for all purposes, the same as if that person had remained in office until such delivery.

SECTION 8. Same; negotiability; exemption from taxation.

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

SECTION 9. Same; sale; price; proceeds.

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

SECTION 10. Same; interim receipts and certificates or temporary bonds.

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

GEORGIA LAWS 2007 SESSION
SECTION 11. Same; replacement of lost or mutilated bonds.

3851

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

SECTION 12. Same; conditions precedent to issuance.

The authority shall adopt a resolution authorizing the issuance of the revenue bonds. In the resolution, the authority shall determine that the project financed with the proceeds of the revenue bonds is self-liquidating. Revenue bonds may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions, and things which are specified or required by this Act. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the authority by a majority of its members.

SECTION 13. Credit not pledged.

Revenue bonds shall not be deemed to constitute a debt of the City of Johns Creek, Georgia, nor a pledge of the faith and credit of the city, but such revenue bonds shall be payable solely from the fund provided for in this Act. The issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the city to levy or to pledge any form of taxation whatsoever for payment of such revenue bonds or to make any appropriation for their payment, and all such revenue bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. Notwithstanding the foregoing provisions, this Act shall not affect the ability of the authority and any political subdivision or municipality to enter into an intergovernmental contract pursuant to which the political subdivision or municipality agrees to pay amounts sufficient to pay operating charges and other costs of the authority or any project including, without limitation, the principal of and interest on revenue bonds in consideration for services or facilities of the authority.

SECTION 14. Trust indenture as security.

In the discretion of the authority, any issuance of revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company inside or outside this state. Either

3852

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

the resolution providing for the issuance of the revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition and construction of the project, the maintenance, operation, repair, and insuring of the project, and the custody, safeguarding, and application of all moneys.

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

In the resolution providing for the issuance of revenue bonds or in the trust indenture, the authority shall provide for the payment of the proceeds of the sale of the revenue bonds to any officer or person who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes thereof, subject to such regulations as this Act and such resolution or trust indenture may provide.

SECTION 16. Sinking fund.

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

GEORGIA LAWS 2007 SESSION
SECTION 17. Remedies of bondholders.

3853

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

SECTION 18. Validation.

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

SECTION 19. Venue and jurisdiction.

Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such authority shall be brought in the Superior Court of Fulton County, Georgia, and any action pertaining to validation of any revenue bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions.

3854

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 20. Interest of bondholders protected.

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

SECTION 21. Moneys received considered trust funds.

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

SECTION 22. Purpose of the authority.

Without limiting the generality of any provision of this Act, the general purpose of the authority is declared to be that of providing buildings, facilities, equipment, and services for the citizens in the City of Johns Creek, Georgia.

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

The authority is hereby authorized to prescribe and fix rates and to revise same from time to time and to collect revenues, tolls, fees, and charges for the services, facilities, and commodities furnished and, in anticipation ofthe collection ofthe revenues, to issue revenue bonds or other types of obligations as herein provided to finance, in whole or in part, the costs of the project, and to pledge to the punctual payment of said revenue bonds or other obligations all or any part of the revenues.

GEORGIA LAWS 2007 SESSION
SECTION 24. Rules, regulations, service policies, and
procedures for operation of projects.

3855

It shall be the duty of the authority to prescribe or cause to be prescribed rules, regulations, service policies, and procedures for the operation of any project or projects constructed or acquired under the provisions of this Act. The authority may adopt bylaws.

SECTION 25. Tort immunity.

To the extent permitted by law, the authority shall have the same immunity and exemption from liability for torts and negligence as the City of Johns Creek, Georgia; and the officers, agents, and employees of the authority when in the performance of the work of the authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of the City of Johns Creek, Georgia, when in the performance of their public duties or the work of the city.

SECTION 26. Tax-exempt status of the authority.

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

SECTION 27. Effect on other governments.

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

SECTION 28. Liberal construction of Act.

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

3856

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 29. Effective date.

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

SECTION 30. Repeal.

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 2007 session of the General Assembly of Georgia a bill to create the City of Johns Creek Public Buildings and Facilities Authority; to provide for related matters; to provide for an effective date; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mark Burkhalter, who on oath deposes and says that he is the Representative from District 50 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Daily Report which is the official organ of Fulton County on February 2, 2007, and that the notice requirements of Code Section 28-1-14 have been met.
sf MARK BURKHALTER Mark Burkhalter Representative, District 50
Sworn to and subscribed before me, this 12th day of February 2007.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2009 (SEAL)
Approved May 18,2007.

GEORGIA LAWS 2007 SESSION
CITY OF JOHNS CREEK- CITY OF JOHNS CREEK PARKS AND RECREATION AUTHORITY; CREATION.

3857

No. 171 (House Bill No. 524).

AN ACT

To create the City of Johns Creek Parks and Recreation Authority; to authorize such authority to acquire, construct, equip, maintain, and operate or contract for services to provide athletic and recreational centers, facilities, and areas, including, but not limited to, playgrounds, parks, hiking, camping, and picnicking areas and facilities, swimming and wading pools, lakes, tennis courts, athletic fields and courts, clubhouses, gymnasiums, auditoriums, youth centers, senior citizen centers, stadiums, performing arts centers, cultural centers, related buildings, golf courses, and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities; to acquire parking facilities and parking areas in connection therewith; to acquire the necessary property therefor, both real and personal, and to lease or sell any or all of such facilities, including real property; to confer powers and to impose duties on the authority, the determination of which shall be in the sole discretion of the mayor and city council; to provide for the membership and for the appointment of members of the authority; to authorize the authority to contract with others pertaining to such recreational facilities, including the authority to contract for services to operate any facility or portion thereof, to execute leases of such facilities, to convey title to real property of the authority in fee simple, and to do all things deemed necessary or convenient for the operation ofsuch undertakings; to authorize the authority and other political subdivisions to enter into contracts pertaining to uses of such facilities for the term thereof and to pledge to that purpose revenues derived from taxation; to provide that no debt of Fulton County or the City of Johns Creek or other political subdivisions, within the meaning of Article IX, Section III, Paragraph I of the Constitution of the State of Georgia, shall be incurred by exercise of the powers granted; to authorize the issuance of revenue bonds or obligations of the authority; to authorize the collection and pledging of the revenues and earnings of the authority for the payment of such bonds or obligations and to secure the payment thereof; to define the rights of the holders of such bonds or obligations; to make the property of the authority exempt from taxation and assessment; to grant the authority and its members certain immunities; to authorize the issuance of refunding bonds or obligations; to fix the venue or jurisdiction of actions; to provide that bonds be validated as authorized by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law"; to provide for construction; to provide for personnel; to provide for conveyance of property upon dissolution; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

3858

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 1. This Act shall be known and may be cited as the "City of Johns Creek Parks and Recreation Authority Act."

SECTION 2. (a) There is created a body corporate and politic to be known as the City of Johns Creek Parks and Recreation Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation. By that name, style, and title, said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts oflaw and equity, except that the authority or the trustee acting under the trust indenture shall in no event be liable for any torts committed by any of the officers, agents, and employees. The authority shall not be a state institution nor a department or agency of the state but shall be an instrumentality of the state, a mere creation of the state, having a distinct corporate entity and being exempt from the provisions of Article 2 of Chapter 17 of Title 50 of the O.C.G.A., the "Georgia State Financing and Investment Commission Act." The authority shall have its principal office in the City of Johns Creek and its legal situs for the purposes of this Act shall be Fulton County. The authority is granted the same exemptions and exclusions from taxes as are now granted to cities and counties for the operation of facilities similar to facilities to be operated by the authority as provided under the provisions of this Act. (b) The authority shall consist of five members who shall be residents of the City of Johns Creek and who shall be appointed by the mayor. An appointment by the mayor must be confirmed by a majority vote of the City of Johns Creek councilmembers and mayor or such appointment shall not be effective. The mayor shall initially appoint two members for terms of two years each, two for terms of four years each, and one for a term of six years. After expiration of the initial terms, the terms of all members shall be six years. If at the end of any term of office of any member, a successor to such member has not been appointed, the member whose term of office has expired shall continue to hold office until a successor is elected. A majority of the authority shall constitute a quorum. (c) One member of the council or the mayor of the City of Johns Creek may be appointed to serve as a member of the authority. (d) Any member of the authority may be selected and appointed to succeed himself or herself. Immediately after such appointments, the members of such authority shall enter upon their duties. (e) Any vacancy on the authority shall be filled in the same manner as was the original appointment of the member whose termination of membership resulted in such vacancy, and the person so selected and appointed shall serve for the remainder of the unexpired term. (f) The authority shall elect one of its members as chairperson and one of its members as vice chairperson. The clerk of the City of Johns Creek shall be the secretary and treasurer. Said clerk shall not be a member of the authority.

GEORGIA LAWS 2007 SESSION

3859

(g) Three members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority. (h) The members of the authority shall be reimbursed for all actual expenses incurred in the performance of their official duties out of funds of the authority. (i) The authority shall make rules and regulations for its own government. It shall have perpetual existence. (j) Any member of the authority may be removed from office by the mayor for failure to perform his or her duties as a member of the authority. Any such removal must be confirmed by a majority vote of the city councilmembers and mayor, or such removal shall not take effect. Such failure shall include without limitation absence from three consecutive meetings of the authority, unless excused by reasonable grounds as determined by the mayor. Any office so vacated shall be filled within 60 days by appointment as provided in subsection (e) of this section. The new appointee shall serve the remainder of the unexpired term to which he or she is appointed.

SECTION 3. (a) As used in this Act, the term:
(1) "Authority" shall mean the City of Johns Creek Parks and Recreation Authority created in Section 2 of this Act. (2) "Cost of the project" shall embrace the cost of acquisition and construction; the cost of all lands, properties, rights, easements, and franchises acquired and the cost of all conveyances in fee simple of the authority's title thereto and leases thereof; the cost of all machinery and equipment and financing charges and interest prior to and during construction and for one year after construction; the cost of engineering, architectural, fiscal, and legal expenses necessary or incident to determining the feasibility or practicability of the project; administrative expenses and such other expenses as may be necessary or incident to the financing authorized by this Act; and the cost of the acquisition and construction of any project and the placing of the same in operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the costs of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such projects. (3) "Mayor" shall mean the Mayor of the City of Johns Creek. (4) "Project" shall be deemed to mean and include the acquisition, construction, equipping, maintenance, and operation of athletic and recreation centers, facilities, and areas, including, but not limited to, playgrounds, parks, hiking, camping, and picnicking areas and facilities, swimming and wading pools, lakes, tennis courts, athletic fields and courts, clubhouses, gymnasiums, auditoriums, youth centers, senior citizen centers, stadiums, museums, related buildings, golf courses, and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities; the acquisition of parking facilities or parking areas in connection therewith; the acquisition

3860

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

of the property necessary therefor, both real and personal, and the lease and sale of any part or all of such facilities, including real or personal property, so as to assure the efficient and proper development, maintenance, and operation of such recreational facilities and areas deemed by the authority to be necessary, convenient, or desirable. (5) "Revenue bonds," "bonds," and "obligations" mean revenue bonds as defined and provided for in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," and such type of obligations may be issued by the authority as authorized under the "Revenue Bond Law" and any amendments thereto and, in addition, shall mean obligations of the authority, the issuance of which are specifically provided for in this Act. (b) Any project shall be deemed "self-liquidating" if, in the judgment of the authority, the revenues and earnings to be derived by the authority therefrom, including the anticipated revenues and earnings from the lease of any project, and all properties used, leased, and sold in connection therewith will be sufficient to pay the cost ofacquiring, operating, maintaining, repairing, improving, and extending the project and to pay the principal of and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects.

SECTION 4. (a) The authority shall have the following powers:
(1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, real property or rights or easements therein or franchises necessary or convenient for its corporate purposes, to use the same so long as its corporate existence shall continue, to lease or make contracts with respect to the use of the same, or to dispose of the same in any manner it deems to the best advantage of the authority. If the authority shall deem it expedient to construct any project on any lands, the title to which shall then be in the State of Georgia, the Governor is authorized to convey for and in behalf of the state title to such lands to the authority upon payment to the State of Georgia for the credit of the general fund of the state of the reasonable value of such lands upon the receipt of such lawful consideration as may be determined by the parties to such conveyance. If the authority shall deem it expedient to acquire and construct any project on any lands, the title to which shall be in the name of the City of Johns Creek, Fulton County or any municipality incorporated in said county, the governing authority or body of said municipalities is authorized to convey title to such lands to the authority upon the receipt of such lawful consideration as may be determined by the parties to such conveyances or upon payment for the credit of the general funds of such county or municipalities of the reasonable value of such lands, such value to be determined by mutual consent of such county or municipality and the authority or by an appraiser to be agreed upon by the

GEORGIA LAWS 2007 SESSION

3861

governing authority or body of such county or municipality and the chairperson of the authority; (4) To appoint, select, and employ officers, agents, and employees, including engineers, architectural and construction experts, fiscal agents, and attorneys, and fix their respective compensation; (5) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for the acquisition and construction of projects and leases of projects or contracts with respect to the use of projects which the authority causes to be erected or acquired, including contracts for acquiring, constructing, renting, and leasing of its projects for the use of Fulton County or any municipality in Fulton County, and to dispose by conveyance of its title in fee simple of real and personal property of every kind and character; any and all persons, firms, and corporations and the state and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable; and, without limiting the generality of the above, authorization is specifically granted to municipal corporations and counties and to the authority to enter into contracts and lease and sublease agreements with the State of Georgia or any agencies or departments thereof relative to parks and recreation centers, areas, and facilities and relative to any property which such department or agency of the State of Georgia has now or may hereafter obtain by lease from the United States government or any agency or department thereof, and the authority is specifically authorized to convey title in fee simple to any and all of its lands and any improvements thereon to any persons, firms, corporations, municipalities, or the State of Georgia or the United States government, or any agencies or departments thereof, subject to the rights and interest of the holders of any of the bonds or obligations authorized to be issued pursuant to this Act and by the resolution or trust indenture of the authority authorizing the issuance of any of its bonds or obligations as provided in this Act; (6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as defined in this Act, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds or other funds of the authority or from such proceeds or other funds and any grant from the United States of America and any agency or instrumentality thereof; (7) To accept loans, gifts, and grants of money, materials, or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality thereof may impose; (8) To accept loans, gifts, and grants of money, materials, or property of any kind from the State of Georgia or any agency, instrumentality, or political subdivision thereof, upon such terms and conditions as the State of Georgia or such agency, instrumentality, or political subdivision thereof may impose;

3862

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(9) To borrow money for any of its corporate purposes, to execute evidence of such indebtedness, to secure the same, to issue negotiable revenue bonds payable solely from the funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; (10) To exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the Constitution and laws of this state; (II) To borrow money for any of its corporate purposes from any banks or other lending institutions and to execute evidence of such indebtedness and to secure the same by assigning all rights to and pledging all funds to be received by the authority from a lease or leases entered into by the authority as the lessor; (12) To do all things necessary or convenient to carry out the powers expressly given in this Act; and (13) To make recommendations to the mayor and City Council of Johns Creek on land acquisitions, facilities, development, and other matters relating to the provisions of recreation and recreational opportunities to the citizens of Johns Creek. (b) The authority and the trustee acting under a trust indenture are specifically authorized from time to time to sell, lease, grant, exchange, or otherwise dispose of any surplus property, both real and personal, or interest therein not required in the normal operation of the authority and usable in the furtherance ofthe purpose for which the authority was created.

SECTION 5. The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created by this Act, shall have power and is authorized at one time or from time to time to provide by resolution for the issuance of negotiable revenue bonds 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 for in this Act for such payment. The bonds of each issue shall be dated and shall bear interest at such rate or rates as determined by the authority, payable on such dates as determined by the authority. The bonds shall be payable in such medium of payment as to both principal and interest as may be determined by the authority and may be made redeemable before maturity at the option of the authority at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds. Such revenue bonds or obligations shall be issued pursuant to and in conformity with the "Revenue Bond Law," and all procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in the "Revenue Bond Law" and any amendments thereto.

SECTION 6. All revenue bonds issued under the provisions of this Act are declared to be issued for an essential public and governmental purpose, and such bonds and the income thereof shall be exempt from all taxation by the state.

GEORGIA LAWS 2007 SESSION

3863

SECTION 7. The authority may sell such revenue bonds in such manner and for such prices as it may determine to be for the best interest of the authority, and the proceeds derived from the sale of such bonds shall be used solely for the purpose provided in the proceedings authorizing the issuance of such bonds.

SECTION 8. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by the "Revenue Bond Law." Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular, special, or adjourned meeting of the authority by a majority of its members, subject to the provisions of Chapter 14 of Title 50 of the O.C.G.A., governing open and public meetings.

SECTION 9. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the State of Georgia or of the City of Johns Creek or a pledge of the faith and credit thereof; but such bonds shall be payable solely from the rentals, revenues, earnings, and funds of the authority as provided in the resolution or trust indenture authorizing the issuance and securing the payment of such bonds. The issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the state or any political subdivision thereof, specifically such city, to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. However, the City of Johns Creek or any political subdivision of the state contracting with the authority may obligate itself to pay the amounts required under any contract entered into with the authority from funds received from taxes to be levied and collected for that purpose to the extent necessary to pay the obligations contractually incurred under this section and from any other source; and the obligation to make such payments shall constitute a general obligation and a pledge of the full faith and credit of the obligor but shall not constitute a debt of the obligor within the meaning of Article IX, Section V, Paragraph I of the Constitution of the State ofGeorgia. When such obligation is made to make such payments from taxes to be levied for that purpose, then the obligation shall be mandatory to levy and collect such taxes from year to year in an amount sufficient to fulfill and fully comply with the terms of such obligation.

SECTION 10. The revenues, rents, and earnings derived from any particular project or projects and any and all revenues, rents, and earnings received by the authority, regardless of whether such revenues, rents, and earnings were produced by a particular project for which bonds have

3864

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

been issued, unless otherwise pledged, may be pledged by the authority to the payment of the principal of and interest on revenue bonds of the authority as may be provided in any resolution authorizing the issuance of such bonds or in any trust indenture pertaining to such bonds. Such funds so pledged from whatever source received, which may include funds received from one or more or all sources, may be set aside at regular intervals into sinking funds for which provision may be made in any such resolution or trust indenture and which may be pledged to and charged with the payment of(l) the interest upon such revenue bonds as such interest shall become due, (2) the principal of the bonds as the same shall mature, (3) the necessary charges of any trustee or agent of paying such principal and interest, and (4) any premium upon bonds retired by call or purchase. The use and disposition of any sinking fund may be subject to such regulation as may be provided for in the resolution authorizing the issuance of the bonds or in the trust indenture securing the payment of the same.

SECTION 11. The exercise of the powers conferred upon the authority in this Act shall constitute an essential governmental function for a public purpose, and the authority shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation and maintenance of property acquired by it or of buildings erected or acquired by it or any fees, rentals, or other charges for the use of such property or buildings or other income received by the authority. The tax exemption provided in this Act shall not include an exemption from sales and use tax on property purchased by or for the use of the authority.

SECTION 12. The authority shall have the same immunity and exemptions from liability for torts and negligence as the State of Georgia and the officers, agents, and employees of the authority, when in performance of work of the authority, shall have the same immunity from liability for torts and negligence as officers, agents, and employees of the State of Georgia. The authority may be sued the same as private corporations on any contractual obligation of the authority.

SECTION 13. 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 Fulton County and any action pertaining to the validation of any bonds issued under the provisions of this Act shall likewise be brought in that court which shall have exclusive original jurisdiction of such actions.

GEORGIA LAWS 2007 SESSION

3865

SECTION 14. Bonds issued by the authority shall be confirmed and validated in accordance with the procedures of the "Revenue Bond Law." The petition for validation shall also make party defendant to such action the State of Georgia or any municipality, county, authority, political subdivision, or instrumentality of the State of Georgia or the United States government or any department or agency of the United States government, if subject to being sued and if consenting to same, which has contracted with the authority for the services and facilities of the project for which bonds are to be issued and sought to be validated, and the state or such municipality, county, authority, political subdivision, or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts be adjudicated as part of the basis of the security for the payment of any such bonds of the authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such bonds and the security for the payment thereof and interest thereon and against the authority issuing the same, the state and any municipality, county, authority, political subdivision, or instrumentality, if a party to the validation proceedings, contracting with the authority.

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

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

SECTION 17. The City of Johns Creek Parks and Recreation Authority is authorized to appoint, select, and employ officers, agents, and employees and adopt rules and regulations governing their services and fix their respective compensations and terms of employment.

3866

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 18. This Act and any other law enacted with reference to the City of Johns Creek Parks and Recreation Authority shall be liberally construed for the accomplishment of the purposes of the authority.

SECTION 19. Should the authority for any reason be dissolved after full payment of all bonded indebtedness incurred under the provisions of this Act, both as to principal and interest, title to all property of any kind and nature, real and personal, held by the authority at the time of such dissolution shall be conveyed to the City of Johns Creek; or title to any such property may be conveyed prior to such dissolution in accordance with provisions which may be made therefor in any resolution or trust indenture relating to such property, subject to any liens, leases, or other encumbrances outstanding against or in respect to said property at the time of such conveyance.

SECTION 20. All laws and parts of laws in conflict with this Act are repealed.

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to create the City of Johns Creek Parks and Recreation Authority; to repeal conflicting laws; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mark Burkhalter, who on oath deposes and says that he is the Representative from District 50 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Daily Report which is the official organ of Fulton County on February 2, 2007, and that the notice requirements of Code Section 28-1-14 have been met.
s/ MARK BURKHALTER Mark Burkhalter Representative, District 50

GEORGIA LAWS 2007 SESSION
Sworn to and subscribed before me, this 12th day of February 2007.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18,2009 (SEAL)
Approved May 18,2007.

3867

GWINNETT COUNTY- MERIT SYSTEM; COMPREHENSIVE REVISION.
No. 172 (House Bill No. 533).
AN ACT
To amend an Act authorizing Gwinnett County and the governing authority thereof to appoint a Merit System Board, approved April18, 1969 (Ga. L. 1969, p. 3051 ), as amended, so as to comprehensively revise and restate such Act; to provide a short title; to provide definitions; to establish the Merit System Board and provide for its membership, qualifications, terms of office, compensation, removal, powers, duties, and responsibilities; to provide for meetings; to provide for officers and their duties; to provide for unclassified positions; to provide for certain hiring preferences; to prohibit certain activities by classified employees; to provide penalties for violations; to provide for oaths; to provide for severability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act authorizing Gwinnett County and the governing authority thereof to appoint a Merit System Board, approved April 18, 1969 (Ga. L. 1969, p. 3051), as amended, is amended by striking Sections 1 through 18 of the Act and inserting in lieu thereof the following:
0 SECTION 1. This Act may be cited as the 'Gwinnett County Merit System Act.'

3868

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 2. Definitions.

The following terms when used in this Act shall have the following meanings unless the context clearly requires otherwise:
(I) 'Appointing authority' means the officer, commission, board, or body having the power ofappointment, employment, or removal from positions in any office, department, commission, board, or institution; or any person or group of persons having the power by virtue of the constitution, statute, or lawfully designated authority to make appointments or employments to positions in Gwinnett County. (2) 'Board' means the Merit System Board of Gwinnett County. (3) 'Classified employee' means any employee holding a position in the classified service. (4) 'Classified service' means all offices and positions of trust or employment in the service of Gwinnett County, except those placed in the unclassified service by this Act. (5) 'County administrator' means the individual appointed by the governing authority to manage the day-to-day activities of county government operations. (6) 'Executive secretary' means the executive secretary of the Merit System Board of Gwinnett County. (7) 'Governing authority' means the board of commissioners of Gwinnett County. (8) 'Position' means any office of employment in the service of Gwinnett County. (9) 'Public hearing' means the opportunity, given after public notice of at least five days, for any person or persons to appear and be heard on the matter involved at a hearing open to the public.

SECTION 3. Merit System Board. Creation, qualification of members, compensation,
terms of appointment, removal.

( 1) Creation of the board. There is hereby created the Merit System Board of Gwinnett County which shall consist offive qualified members appointed by the governing authority. (2) Selection of board members. The governing authority shall select one candidate from each commission district for appointment to the board. The candidates shall be appointed to the Merit System Board by the governing authority. When four members of the Merit System Board have been selected in the manner set forth above, an election shall be called by the Gwinnett County Board of Elections and Registration to select the fifth candidate for nomination to the Merit System Board for post five. Only those individuals who would fall within the category of classified employees of Gwinnett County shall have the right to run or to vote for the fifth candidate to the Merit System Board. There shall be 30 days from the date that the election is called by the Board of Elections and Registration until the date the election shall be held. Any classified employee of Gwinnett County desiring to

GEORGIA LAWS 2007 SESSION

3869

have his or her name placed on the ballot must submit to the Board of Elections and Registration a petition signed by at least 10 percent of the employees of Gwinnett County who would fall within the classification of the classified employees as defined herein at least ten days prior to the date of the election. In the event no individual receives more than 50 percent of the votes cast in said election, there shall be an election held by the Board of Elections and Registration within ten days of the date of the first election. A ballot shall be prepared by the Board of Elections and Registration on which shall be placed the names of two individuals receiving the greatest number of votes cast. When a candidate is selected by the individuals who would fall within the class defined herein as classified employees, this individual shall be appointed to the Merit System Board by the governing authority as the fifth member of said board. The persons appointed to fill subsequent posts on the board shall be selected for appointment in the same manner as provided herein for the selection of the original members of the board. (3) Qualifications of the board members. The governing authority shall not appoint to said board as a member thereof any person who:
(A) Has not been a resident of Gwinnett County for two or more years next preceding appointment to the board; (B) Shall hold an elective or appointive office in federal, state, county, or municipal government, provided that prior appointment as a member of the board shall not disqualify a person from being reappointed thereto; or (C) Shall have held political office in Gwinnett County during the 12 months preceding his or her appointment to the board. (4) Terms of appointment; vacancies. The governing authority shall appoint the original members ofthe board for staggered terms. The length ofthe terms ofthe original members of the board shall be in the discretion of the governing authority, but shall not exceed four years. The person appointed from Commission District No. l shall fill Post No. 1 on the board. The person appointed from Commission District No.2 shall fill Post No.2 on the board. The person appointed from Commission District No. 3 shall fill Post No.3 on the board. The person appointed from Commission District No.4 shall fill Post No.4 on the board. The person selected by the classified employees by the method set forth herein and appointed to the board shall fill Post No. 5 on the board. After the expiration of the terms of the members appointed to each respective post, the terms of members filling all subsequent posts shall be for four years. A vacancy in the membership of said board caused by a member's death, resignation, disqualification, or other condition shall be filled by appointment of the governing authority for the unexpired term of such member. No election shall be required to be held by the classified employees in order for the governing authority to appoint a person to fill an unexpired term for Post No. 5 on the board. (5) Chairperson and vice chairperson. At its initial meeting and annually thereafter, the board shall elect one member as chairperson and another as vice chairperson. (6) Compensation of board members; provision for facilities. It is hereby made the duty of the governing authority to appropriate annually a sum of money sufficient to enable the

3870

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

board to carry out properly the purpose of this Act. Each member of the board shall be paid at a per diem rate to be established by the board of commissioners for time actually devoted to the business of the board. The board shall hold its meetings in a Gwinnett County facility. It shall be the duty of all officers having charge of public buildings of the county to allow the reasonable use of the facilities thereofby the board for the performance of its duties and in all proper ways to facilitate the work of the board. (7) Removal of board members. No member of said board may be removed from office prior to the expiration of his or her term except for cause after having been granted a notice and afforded a public and open hearing before the governing authority of said county. Prior to said hearing, said member shall be served personally or by registered or certified mail addressed to his or her residence as shown in the files of the said governing authority, at least ten days before the date set for hearing, with written specifications of the charges against him or her.

SECTION 4. Meetings of the board.

The board shall hold meetings or hearings as often as necessary in order to fulfill the provisions of this Act. Three members shall constitute a quorum for the conduct of business and official action of the board shall require three affirmative votes. All of said meetings shall be conducted in compliance with the Georgia Open Meetings Law, O.C.G .A. Ch. 50-14. Ten days' written notice thereof shall be given to each member by the executive secretary of the board, or his or her designee, who shall, under the direction of the board, also keep minutes of each meeting.

SECTION 5. Duties of the board.

It shall be the duties, functions, and responsibilities of the board to represent the interest of the public in the improvement of personnel administration and the selection of qualified personnel. It shall be the duty of the board:
(1) After public hearing, to recommend to the governing authority for the latter's timely approval or rejection of rules, regulations, and plans, including subsequent deletions and amendments thereof, for the administration of this Act; (2) To hear and determine appeals and complaints respecting the official recommendations of the executive secretary and such other matters as may be referred to the board by the executive secretary; (3) On its own motion or when requested to do so by the governing authority, to make and report on investigations affecting classified employees; and (4) To provide employment opportunities to veterans that are consistent with federal and state law.

GEORGIA LAWS 2007 SESSION
SECTION 6. Powers of the board.

3871

The board, each member of the board, and the executive secretary each shall have the power to administer oaths, subpoena witnesses, and compel the production of documents, including, but not limited to, documents and correspondence, audio/visual tapes, and computer generated information relevant to any investigation or hearing authorized by this Act. Any person who shall fail to appear in response to a subpoena or to answer any questions or produce any such documents pertinent to any such investigation or hearing shall be guilty of a misdemeanor.

SECTION 7. Executive secretary; appointment; removal; compensation.

( 1) The governing authority shall appoint an executive secretary and an alternate executive secretary who shall serve when the executive secretary is unable to perform his or her duties. Such executive secretary and alternate executive secretary shall be individuals competent in the field of public personnel administration and thoroughly in sympathy with the application of the merit system. Neither the executive secretary nor the alternate executive secretary shall be the human resources director or any employee of the human resources department. (2) The persons appointed to fill the positions of executive secretary and alternate executive secretary may hold these positions while performing other unrelated duties as employees of Gwinnett County and may be removed by the governing authority from the position as executive secretary or alternate executive secretary at any time without cause when a change in this position is deemed appropriate by the governing authority. The governing authority's decision to remove a person from either position shall be final. (3) The executive secretary or alternate executive secretary and the human resources director shall work cooperatively in carrying out the responsibilities of this Act.

SECTION 8. Executive secretary duties.

It shall be the duties of the executive secretary or his or her designee to: (I) Attend meetings of the board, act as its secretary, and record its official actions. These responsibilities may be performed by administrative support stafffor the executive secretary; (2) After the governing authority's approval thereof, publish the content of the Gwinnett County Merit System Rules and Regulations and modifications thereto for public distribution and to give immediate notice thereof to all appointing authorities affected thereby. Thereafter all appointing authorities and classified and other employees affected

3872

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

by these rules shall assist in all proper ways in carrying them into effect. These responsibilities may be performed by administrative support staff for the executive secretary; (3) Keep records of the minutes of merit board meetings or hearings and of any other records necessary for the proper administration of this Act. These responsibilities may be performed by administrative support staff for the executive secretary; (4) Conduct grievance conferences and make recommendations to the parties on the resolution of such grievances except that the executive secretary shall serve as the final authority on grievances regarding reprimands; (5) Secure the attendance of witnesses and production of documents, correspondence, audio/visual tapes, computer generated information, and other documentary evidence pertinent to any such investigations or hearings authorized by this Act. These responsibilities may be performed by administrative support staff for the executive secretary; and (6) Perform any other lawful acts required to effectuate the purposes of this Act.

SECTION 9. Unclassified service.

The classified service, as defined in paragraph (4) of Section 2 of this Act, does not include the following members of the unclassified service:
(1) Officers elected by the people and persons appointed to fill vacancies to such elective offices; (2) Officers and employees specifically exempted by law; (3) Members of boards or special commissions appointed by the county governing authority for special purposes such as the Board of Tax Assessors or Board of Health; (4) Clerk of the board of commissioners of Gwinnett County; (5) Persons temporarily appointed or designated to make or conduct a special inquiry, investigation, or examination where such appointment or designation is certified by the board to be for employment which should not be performed in the classified service; (6) Election officials and members of the Gwinnett County Board of Elections and Registration; (7) Heads ofdepartments selected or appointed by the board of commissioners or county administrator to include, but not be limited to, the chief of police, chief of fire and emergency services, chief financial officer, and director of transportation; those selected by the superior court judges, such as the clerk of recorders court; deputy directors such as the chief deputy sheriff, chief deputy tax commissioner, chief deputy clerk of superior court, and other deputy directors; (8) Assistant solicitor generals; (9) The personal staff to any judge of superior court or other court, not to exceed a total of three staff members per judge; and

GEORGIA LAWS 2007 SESSION

3873

(10)(A) Personnel employed by the tax commissioner, sheriff, clerk of the superior court, or judge of the probate court, who are employed or to be employed in an upper managerial or upper supervisory capacity and who consent in writing to accept such upper managerial or upper supervisory positions knowing that such employment is in the 'unclassified service' as defined under this Act. However, the number of unclassified service personnel in an upper managerial or upper supervisory capacity under this paragraph shall not exceed 10 percent of the total number of full-time employees in such particular office in which such employee is employed or to be employed. (B) Nothing in this paragraph shall be interpreted to change the employment status of any employee who, on the effective date of this Act, is employed by the tax commissioner, sheriff, judge of the probate court, or clerk of the superior court. (C) Nothing in this paragraph shall be interpreted to require or limit all upper managerial and upper supervisory positions to be only unclassified positions.

SECTION 10. Special consideration for employment.

Any employee of Gwinnett County who is not an elected official and is excluded from the classified service under paragraphs 4, 7, 8, and 9 of Section 9 of this Act shall be given special consideration for employment as a classified employee of Gwinnett County, provided that said individual is qualified for a position as a classified employee and provided that there is an opening available in the ranks of the classified employees.

SECTION 11. Political activity and recommendations.

In applying the provisions of this Act or in doing any of the things hereby provided, no employee of the classified service shall be a candidate for or an officer of a political office with Gwinnett County during his or her employment with the county. County employees may not engage in any political campaign activities while on duty, while in the workplace, while in uniform, or while using a county vehicle. This prohibited activity includes, but is not limited to, distributing information or soliciting contributions or services for any political party, political candidate, or organization while on duty. County employees may not use county funds, supplies, or equipment for such purposes. Nothing contained in this section shall be construed to restrict the right of any employee in the classified service to hold membership in and support a political party, to vote as he or she chooses, to express personal opinions on political subjects and candidates, to maintain political neutrality, or to attend political meetings during nonworking hours. However, county employees shall not participate either directly or indirectly in Gwinnett County elections, except for voting in such county elections. The Merit System Board shall be authorized to promulgate

3874

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

reasonable rules, in conformance with state and federal law, which restrict the political activities of employees in the classified service.

SECTION 12. Penalties.

Any person in Gwinnett County who shall willfully violate or conspire with or solicit another to violate any of the provisions of this Act shall be guilty of a misdemeanor and shall, on conviction thereof, be punished as for a misdemeanor as prescribed by the laws of Georgia. If such convicted person is in the classified service, he or she shall be dismissed therefrom and shall not be eligible for reemployment, reappointment, or reinstatement for a period of five years from the date of such conviction.

SECTION 13. Oaths.

The board, the executive secretary, and all employees in the classified service shall take the oath of office as required by the governing authority. The executive secretary shall take his or her oath before the chairperson of the board.

SECTION 14. Severability.

Should any section or provision of this Act be held to be unconstitutional or invalid such section or provision shall not affect the validity of this Act as a whole or any part thereof other than the part so held to be unconstitutional.

SECTION 15. General Repeal.

All laws in conflict with this Act are hereby repealed.

SECTION 16. Effective Date.

This Act shall take effect when a resolution is adopted by the governing authority appointing the first member to the Merit System Board:

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

GEORGIA LAWS 2007 SESSION

3875

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to amend an Act authorizing Gwinnett County and the governing authority thereof to appoint a Merit System Board, approved April 18, 1969 (Ga. L. 1969, p. 3051 ), as amended, so as to comprehensively revise and restate such Act; to provide a short title; to provide definitions; to establish the Merit System Board and provide for its membership, qualifications, terms of office, compensation, removal, powers, duties, and responsibilities; to provide for meetings; to provide for officers and their duties; to provide for unclassified positions; to provide for certain hiring preferences; to prohibit certain activities by classified employees; to provide penalties for violations; to provide for oaths; to provide for severability; and for other purposes.

This __ day of_.

-s- Bobby Reese Representative Bobby Reese 98th District

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby Reese, who on oath deposes and says that he is the Representative from District 98 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 16, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

s/ BOBBY REESE Bobby Reese Representative, District 98

Sworn to and subscribed before me, this 20th day of February 2007.

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

Approved May 18, 2007.

3876

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

CITY OF DULUTH- REDEVELOPMENT POWERS; REFERENDUM.

No. 173 (House Bill No. 547).

AN ACT

To authorize the City of Duluth to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. The City ofDuluth 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 Duluth to undertake and carry out community redevelopment, to create tax allocation districts, to issue tax allocation bonds, and to incur other obligations within the meaning of and as fully permitted under the provisions of Article IX, Section II, Paragraph VII(b) of the Constitution of the State of Georgia of 1983, as amended, and to authorize the City of Duluth 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 Duluth 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 Duluth for approval or rejection. The municipal election superintendent shall conduct that election on any permissible referendum date not later than November, 2008, 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 ofGwinnett County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) N0

Shall the Act be approved which authorizes the City of Duluth to exercise redevelopment powers under the 'Redevelopment Powers Law,' as it may be amended from time to time, for the purpose of improving economic and social conditions in depressed areas within the city?"

GEORGIA LAWS 2007 SESSION

3877

All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section I of this Act shall become of full force and effect immediately. If Section I of this Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Duluth. 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 2007 session of the General Assembly of Georgia a bill to authorize the City of Duluth to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 ofTitle 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; and for other purposes.
This 7th day of February, 2007.
-s- Brooks P. Coleman Jr. Representative Brooks Coleman 97th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Brooks P. Coleman, Jr., who on oath deposes and says that he is the Representative from District 97 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 9, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

3878

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
\
s/ BROOKS P. COLEMAN, JR. Brooks P. Coleman, Jr. Representative, District 97

Sworn to and subscribed before me, this 22nd day of February 2007.

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

Approved May 18,2007.

CITY OF EAST POINT- NEW CHARTER.
No. 174 (House Bill No. 755).
AN ACT
To provide a new charter for the City of East Point; to provide for reincorporation, 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 such 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 prior ordinances and rules, pending matters, and existing personnel; to provide for penalties; to provide for definitions and construction; to restate a homestead exemption; to provide for other matters relative to

GEORGIA LAWS 2007 SESSION

3879

the foregoing; to repeal a specific Act and amendments thereto; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

CHARTER AND RELATED LOCAL LAWS OF THE CITY OF EAST POINT, GEORGIA

TABLE OF CONTENTS

BILL OF RIGHTS

ARTICLE I REINCORPORATION, BOUNDARIES, AND POWERS

Section 1-101

Reincorporation

Section 1-102

Boundaries

Section 1-103

Powers

ARTICLE II

GOVERNANCE

Chapter 1 City Council and Mayor

Section 2-101

City Council

Section 2-102

Mayor

Section 2-103

Mayor Pro Tempore

Section 2-104

Qualifications of Mayor and Councilmembers

Section 2-105

Terms of Mayor and Councilmembers

Section 2-106

Sanctions

Section 2-107

Removal

Section 2-108

Recall

Section 2-109

Oath of office

Chapter 2 Legislative Process

Section 2-201

Regular and Special Meetings

Section 2-202

Investigations and Inquiries

Section 2-203

Emergencies

Section 2-204

Rules of Procedure

Section 2-205

Decorum

Section 2-206

Quorum; Voting

Section 2-207

Form of Legislation

Section 2-208

Processing of Adopted Legislation

Chapter 3 City Manager

Section 2-301

City Manager Appointment; Qualifications; Compensation

Section 2-302

Powers and Duties of the City Manager

Section 2-303

Deputy City Manager

Section 2-304

Acting City Manager

3880

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Section 2-305

Removal

Chapter 4 Relationship Among Mayor, City Council, and City Manager

Section 2-401

Role Delineation

Chapter 5 Ethics

Section 2-501

Fiduciary Responsibility

Section 2-502

Conflicts of Interest

Section 2-503

Disclosure Requirements

Section 2-504

Use of Public Property

Section 2-505

Voidable Contracts

Section 2-506

Ineligibility of Elected Officials

Section 2-507

Restrictions on Certain Political Activities

Section 2-508

Board of Ethics

ARTICLE III ELECTIONS

Section 3-101

Wards

Section 3-102

Reapportionment of Wards

Section 3-103

Election of Councilmembers and Mayor

Section 3-104

Special Elections

Section 3-105

Conduct of Elections

Section 3-106

Nonpartisan Elections

ARTICLE IV ADMINISTRATION

Section 4-101

Administrative and Operating Departments

Section 4-102

City Attorney

Section 4-103

City Clerk

Section 4-104

City Seal

Section 4-105

Personnel Policies and Regulation

Section 4-1 06

Civil Service Board of Appeals

Section 4-107

Boards, Commissions, and Authorities

Section 4-108

Municipal Utility Advisory Commission

ARTICLE V

FINANCE

Chapter 1 Budget and Accounting

Section 5-101

Budget Preparation and Submission

Section 5-102

Budget Action

Section 5-103

Budget Amendment

Section 5-l 04

Capital Budget

Section 5-l 05

Disclosure of Unfunded Capital Projects

Section 5-106

Fiscal Controls

Section 5-107

Fiscal Year

Section 5-l 08

Independent Audit

Chapter 2 Revenue and Taxation

Section 5-201

Tax Levy

Section 5-202

Property Tax; Millage Rate Limitations

GEORGIA LAWS 2007 SESSION

Section 5-203

Occupation and Business Taxes

Section 5-204

Regulatory Fees; Permits

Section 5-205

Franchises

Section 5-206

Service Charges

Section 5-207

Special Assessments

Section 5-208

Construction; Other Taxes and Fees

Section 5-209

Collection of Delinquent Taxes

Section 5-210

Tax Commissioner

Section 5-211

Tax Exemptions

Chapter 3 Borrowing

Section 5-301

General Obligation Bonds

Section 5-302

Revenue Bonds

Section 5-303

Short-Term Loans

Section 5-304

Lease-Purchase Contracts

Chapter 4 Procurement and Disposal of Property

Section 5-40 1

Contracting Procedures

Section 5-402

Centralized Purchasing

Section 5-403

Sale and Lease of City Property

ARTICLE VI MUNICIPAL COURT

Section 6-101

Municipal Court

Section 6-102

Chief Judge; Assistant Judges

Section 6-103

Jurisdiction; Powers

Section 6-104

Appeals from Municipal Court

Section 6-105

Rules of Court

ARTICLE VII GENERAL PROVISIONS

Section 7-101

Reserved

Section 7-102

Oath

Section 7-103

Existing Ordinances

Section 7-104

Existing Personnel

Section 7-105

Pending Matters

Section 7-106

Construction

Section 7-107

Severability

Section 7-108

Repealer

Section 7-109

Effective Date

3881

CHARTER AND RELATED LOCAL LAWS OF THE CITY OF EAST POINT, GEORGIA
BILL OF RIGHTS This Bill of Rights is aspirational in nature. It incorporates guiding principles from the United States Constitution, as well as the Georgia Constitution. It reflects the beliefs,

3882

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

convictions, and goals of the citizens of East Point, the mayor, city council, city manager, and all departments of city government.
1. All persons are born free and equal in dignity and rights. They are endowed with reason and conscience and should act toward one another with respect. 2. All government, of right, originates with the people, is founded on their will alone, and is instituted to protect the rights of the individual and to provide for the general welfare of the people. 3. The people have the right to a government responsive to their will and the right to take part in the governing of the city, either directly or through freely chosen representatives. 4. The people have the right to lawful and peaceful assembly, to petition the government for redress of grievances, and to equal access to public services. 5. The people have the right to life, liberty, and security of person; the right to live free from fear or violence; and the right to safe neighborhoods conducive to the enjoyment of liberty. 6. No law shall deprive any person of any rights, privileges, or immunities secured by the Constitution and laws of the United States or the State of Georgia, nor shall any law discriminate against any person because of race, color, gender, age, religion, marital status, national origin, disability, sexual orientation, culture, language, or political affiliation. 7. The people have the right to freedom of opinion and expression. No law shall restrain freedom of speech or freedom of press. 8. The people have the right to freedom of thought, conscience, and religion. No law shall be enacted respecting an establishment of religion. 9. The people have the right to a government of the highest ethical standards, free from corruption, untainted by graft, and conducted in accordance with sound fiscal planning and administration. 10. The natural resources of the city and the healthful, scenic, historic, and aesthetic quality ofthe municipal environment shall be protected, conserved, and replenished insofar as possible consistent with the health, safety, and welfare of the people. 11. This Bill of Rights shall not create any enforceable rights, duties, obligations, or causes of action under this charter beyond those guaranteed by the Constitution of the United States or the Constitution of the State of Georgia.

Article I. REINCORPORATION, BOUNDARIES, AND POWERS

Section 1-101. Reincorporation. By enactment of this charter, the City of East Point shall be reincorporated and shall continue as a body politic and corporate of the State of Georgia. The city shall have perpetual duration and shall be vested with all authority, rights, powers, jurisdiction, privileges, exemptions, and immunities conferred by law and shall have all duties, obligations, and liabilities imposed by law.

GEORGIA LAWS 2007 SESSION

3883

Section 1-102. 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 the city shall at all times be shown on a map and set forth in a written legal description, both of which shall be maintained permanently in the office of the city clerk and shall be designated as: "Official Map and Official Legal Description of the corporate limits of the City of East Point, Georgia." Copies of such map and legal description certified by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect as the original official map and legal description. (b) The city council may provide for the redrawing of such map and the amendment of such legal description by ordinance to reflect lawful changes in the corporate boundaries of the city. A map which is redrawn or a legal description which is amended pursuant to city council ordinance shall supersede for all purposes the map and legal description which it is designated to replace.

Section 1-103. Powers. (a) Specific Powers. The city shall have the following specifically enumerated powers:
(1) Animal Regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder; (2) Appropriations and Expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purpose 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) Attracting Commerce and Industry. To make appropriations and authorize the expenditure of money in advertising and public relations for the purpose of causing commerce and industry to locate and to remain in the city; (4) Building Regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades; (5) Business Regulation and Taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the Official Code of Georgia Annotated or such other applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees; (6) Condemnation. To condemn property, inside or outside the incorporated limits of the city, for present or future public use deemed necessary by the governing authority, utilizing

3884

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

procedures enumerated in Title 22 of the Official Code ofGeorgia Annotated or such other applicable laws as are or may hereafter be enacted; (7) Consolidation. To transfer or consolidate functions of the city government to or with appropriate functions of the state, county, or other municipal government or to make use of such functions of the state, county, or other municipal government; (8) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (9) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists inside or outside the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (I 0) Environmental Protection. To protect and preserve the natural resources, environment, and vital areas of the City through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (11) Fire Regulation. 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; (12) Garbage Fees. To levy, fix, assess, and collect garbage, refuse, trash collection and disposal, and other sanitary service charges, taxes, or fees for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein 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 charges, taxes, or fees; (13) 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; to provide for the enforcement of such standards; to adopt ordinances to protect the health, peace, safety, good order, dignity, and general welfare of the city and its inhabitants; and to prohibit and regulate conduct and activities within said city which, while not constituting an offense against the laws of this state, is deemed by the governing authority to be detrimental and offensive to the peace, good order, and dignity of the city and to the welfare and morals of its inhabitants; (14) 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; (15) Health and Sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; ( 16) Indigent Defense. To contract with the office of the circuit public defender of the judicial circuit in which the city is located to provide defense counsel to indigent persons

GEORGIA LAWS 2007 SESSION

3885

appearing before municipal courts in relation to alleged violations ofmunicipal ordinances, county ordinances, or state law; (17) Intergovernmental Cooperation. To cooperate or join by contract or otherwise with other cities, counties, the state or nation, or other governmental bodies, singly or jointly, or in districts or associations for promoting or carrying out any of the powers of the city or any of the purposes or objects authorized by this charter; (18) 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; (19) 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; to provide by ordinance for the city police to impound motor vehicles and other personal property which they have lawfully seized after such vehicles have been stolen, lost, wrecked, abandoned, or wrongfully left upon streets or public or private parking lots, areas, drives, or elsewhere in the city without authority or permission of the owner; and to provide by ordinance for the sale and disposition of such property; (20) Municipal Agencies. To create, alter, or abolish departments, boards, offices, commissions, and authorities of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all powers conferred upon or delegated to the same; (21) Municipal Associations. To become a member of and pay dues to the Georgia Municipal Association and the National League of Cities and in such other state, regional, or national municipal associations as to which the city would qualify as a member, and to permit officers and employees of the city to attend meetings, conferences, seminars, and conventions of such associations at city expense; (22) 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; (23) 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; (24) 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; (25) Municipal Utilities. To acquire, lease, construct, operate, maintain, sell, and dispose ofpublic utilities, including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, cable television and other telecommunications, transportation facilities, public airports, and any other public utility;

3886

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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; (26) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (27) 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; (28) Pensions. To provide and maintain a system of pensions and retirement for city officials and employees, as provided by the laws of the State of Georgia; (29) Planning and Zoning. To provide comprehensive city planning for development by zoning and to provide subdivision regulation and the like as the city council deems necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community; (30) 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; (31) Public Hazards: Removal. To provide for the destruction and removal ofany building or other structure that is or may become dangerous or detrimental to the public; (32) Public Housing. To exercise the power and to provide services in the area of public housing; to make appropriations and to authorize expenditure of funds for such purposes; and to provide a definition of public housing; (33) Public Improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, and charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detention, penal, and medical institutions, agencies, and facilities and to provide any other public improvements; (34) Public Peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (35) Public Transportation. To organize and operate such public transportation systems as are deemed beneficial; (36) Public Utilities and Services. To grant franchises or make contracts for or impose taxes on public utilities and public service companies and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission; (37) Regulation of Roadside Areas. To prohibit or regulate and control the erection, removal, and maintenance ofsigns, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, within or abutting the corporate limits of the city, and to prescribe penalties and punishment for violation of such ordinances; (38) Retirement. To provide and maintain a retirement plan for officers and employees of the city;

GEORGIA LAWS 2007 SESSION

3887

(39) 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; to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (40) Sewer Fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system; to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use ofthe sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system; (41) Solid Waste Disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials; and to provide for the sale of such items; (42) Special Areas of Public Regulation. To regulate or prohibit junk dealers; pawn shops; the manufacture, sale, or transportation of intoxicating liquors; and the use of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; and to regulate and control the conduct of peddlers and itinerant traders; and to provide lawful time, manner, and location regulation of theatrical performances, exhibitions, and shows; (43) Special Assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (44) Special Tax Districts. To provide by ordinance for the creation of one or more taxing districts whereby ad valorem taxes shall be assessed, levied, and collected by the city in accordance with the kind, character, type, and degree of services provided by the city within said taxing districts; to provide by ordinance that the rate of ad valorem taxation may vary in one district from that in another district or districts; and to provide by ordinance that the authority, duties, liabilities, and functions of the city may vary from tax district to tax district; (45) Taxes: Ad Valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (46) Taxes: Other. To levy and collect such other taxes as may be allowed now or in the future by law; (47) Taxicabs and Vehicles for Hire. To regulate and license taxicabs and other vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators

3888

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; and (48) Urban Redevelopment. To organize and operate urban redevelopment programs. (b) General Powers. In addition to all powers specifically enumerated and granted in this charter, the city shall be vested with any and all powers which municipal corporations are or may hereafter be authorized to exercise under the constitution and laws of the State of Georgia as fully and completely as though such powers were specifically enumerated in this charter. The city shall have all powers of self-government not otherwise prohibited by this charter or by general law. The powers of the city shall be construed liberally in favor of the city, and the specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of the city.

Article II. GOVERNANCE Chapter I City Council and Mayor

Section 2-101. City Council. All legislative powers and authority of the city shall be vested in a city council to be composed of a mayor and eight councilmembers. The city council established shall in all respects be a successor to and continuation of the governing authority under prior law. The mayor and councilmembers shall be elected in the manner provided by general law and this charter. The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance.

Section 2-102. Mayor. (a) The mayor shall serve as the chief spokesperson for the city and chief advocate of formally approved and adopted city policy. In addition, the mayor shall preside at all meetings of the city council and shall be recognized as the head of the city government for all ceremonial purposes and by the governor for purposes of military law. The mayor shall sign ordinances and resolutions only on their passage; shall sign deeds, bonds, contracts, and other instruments approved by the city council as required by law; and shall appoint city council committees and such other committees subject to city council approval and as provided by law. The mayor shall serve the city in a part-time capacity. Unless otherwise expressly provided by law or this Charter, the mayor shall have no vote on any question before the city council except in case of a tie. (b) The mayor shall have power to veto any action ofthe city council except its appointment, suspension, and termination of officers and employees and except in an impeachment resolution against the mayor or a resolution of removal of the mayor; and no act shall take effect over such veto unless subsequently passed by the affirmative vote of at least five councilmembers on a yea-and-nay vote duly recorded in the minutes of the city council at the next regular meeting, and said measure shall not again be considered or acted upon within less than 90 days with unanimous consent of all councilmembers who are present, except in

GEORGIA LAWS 2007 SESSION

3889

case of a substantial change of condition material to the subject matter of such measure and unless disapproved by the mayor's veto filed in writing with the city clerk by the conclusion of the third day after the date such action was taken, with the reasons for withholding the mayor's assent, which shall take effect as if signed and approved by the mayor, but if the mayor approves it, the measure shall go into effect immediately upon such approval; unless affirmatively asserted by the mayor, his approval shall be assumed; in the event of a veto, such action shall stand disapproved until and unless such measure shall again be passed as aforesaid by affirmative vote of at least five councilmembers.

Section 2-103. Mayor Pro Tempore. The city council shall, in January of each year, elect one of its members as mayor pro tempore for that year. Such member shall discharge the duties and exercise the powers and authority of mayor in the absence, disability, or disqualification of the mayor and during a vacancy in the office ofmayor, provided that his or her rights and duties as a councilmember shall remain unimpaired; except that he or she shall not receive the salary and expense of a councilmember while receiving the salary and expense of mayor; nor shall appointment authority vest with the mayor pro tempore unless there is a vacancy in the office of mayor.

Section 2-104. Qualifications of Mayor and Councilmembers. (a) No person shall be eligible to hold the office of mayor unless such person:
( 1) Is at least 21 years of age at the time of being sworn into office; (2) Is a registered voter of the city; and (3) Has continuously resided and maintained his or her domicile in the city for at least one year immediately preceding his or her election as mayor of the city. (b) No one shall hold the office of councilmember unless such person; (1) Is at least 21 years of age at the time ofbeing sworn into office; (2) Is a registered voter of the city; (3) Is a resident in one of the four specified wards for an at-large district (4) Has continuously resided in and maintained his or her domicile in the city for at least one year immediately preceding his or her election as a councilmember in the city; and (5) Has been a resident within the ward to which such councilmember was elected for a period of six months prior to qualifying. Each councilmember must reside in the ward to which that member was elected during that member's entire term of office. (c) Every individual who has been elected to a first term as mayor or councilmember of the city shall attend the municipal training course required by Chapter 45 of Title 36 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted. Such newly elected official shall attend the first or second available offered course after being sworn into office. Failure to attend one of such municipal training courses shall be grounds for removal from office.

3890

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Section 2-105. Terms of Mayor and Councilmembers. The mayor and members of the city council shall serve for terms of four years and until their respective successors are elected and sworn into office. The terms of mayor and councilmembers shall commence on the first Monday of January following their election; provided, however, that, in the case that a mayor or councilmember is elected to the balance of an unexpired term, such newly elected officer shall qualify and commence serving the balance of the unexpired term immediately upon the declaration of the result of the election by the city council and the administering of the oath of office.

Section 2-106. Sanctions. The mayor or any councilmember who engages in willful, material violations of provisions of this charter shall be subject to sanction as follows: the Board of Ethics established pursuant to Section 2-508 of this charter shall, in addition to its authority to hear complaints arising under Chapter 5 of Article Ilofthis charter, be empowered to hear complaints against the mayor or any councilmember alleging that such elected official has committed willful, material violations of this charter. If, after investigation and hearing, the Board of Ethics finds that an elected official has committed a willful, material violation of the charter, the Board of Ethics shall be empowered to recommend the appropriate sanction to the city council, which sanctions may include censure, suspension from office, or removal from office in accordance with Section 2-107 of this charter.

Section 2-107. Removal. (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 Fulton 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 Fulton County following a hearing on a complaint seeking such removal brought by any resident of the city.

GEORGIA LAWS 2007 SESSION

3891

Section 2-108. Recall. The provisions and procedures pertaining to the recall of local officials who hold elected office set forth in Chapter 4 of Title 21 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted, shall constitute the recall provisions of the city.

Section 2-109. Oath of Office. The persons elected as mayor and councilmembers at such elections shall, on or before the first day of January following their elections, qualify by taking and subscribing before some officer authorized by law to administer oaths the following oath: "I, (NAME), do solemnly swear that I will honestly and faithfully perform the duties of East Point councilmember or mayor by adopting such measures as in my judgment shall be best calculated to promote the general welfare of the inhabitants of the City of East Point and the common interest thereof. I further swear that I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof; that I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I am by the laws of the State of Georgia prohibited; that I am otherwise qualified to hold said office according to the Constitution and the laws of Georgia; that I will support the Constitution of the United States and this state and observe the provisions of the charter and code of ordinances of the City of East Point. I further swear that I have been a resident of the City of East Point for the time required by the Constitution and laws of this state and the charter and code of ordinances of the City of East Point. So help me God or so I affirm." They shall file such oath with the city clerk, who shall spread the same upon the minutes of the meeting of the city council of East Point next following such filing, unless such oath is filed during a regular meeting then in session.

Chapter 2 Legislative Process

Section 2-201. Regular and Special Meetings. (a) Regular meetings of the city council shall be held at such time and place within the city as the city council shall fix by ordinance. Special meetings of the city council may be held on the call of the mayor and two councilmembers or on the call of three councilmembers. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting, and attendance shall also constitute a waiver of notice of any business transacted in such councilmember's presence, unless such councilmember attends for the express purpose of objecting to the legality of the notice provided for the meeting and refuses to participate based upon such objection. In the event of an objection regarding the legality of the notice for the special meeting, the city attorney shall make the determination as to whether notice was properly given. Only the business stated in the call may be transacted at the special meeting.

3892

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(b) The mayor, as presiding officer of the city council, shall have the authority to cancel a meeting of the city council on the grounds of an emergency. Notice of such cancellation shall be served on all councilmembers personally, or by telephone personally, as soon as practical after the emergency event. The mayor shall state the nature of the emergency and reschedule the city council meeting within a reasonable time, not to exceed ten days. Such notice to members shall not be required as to any member who is present when the emergency becomes apparent. Notice to the public shall be made as soon 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 2-202. Investigations and Inquiries. Following the adoption of an authorizing resolution, the city council may make investigations and inquiries 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 by the city council in the exercise of these powers shall be punished as provided by ordinance. The initiation and conduct of any investigations or inquiries by the city council under this charter provision shall not be deemed to constitute interference by the city council with the administration of the government by the city manager.

Section 2-203. Emergencies. (a) To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or two councilmembers and promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least three councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. (b) Such meetings shall be open to the public to the extent required by law, and notice to the public of emergency meetings shall be made as fully as is reasonably possible in accordance

GEORGIA LAWS 2007 SESSION

3893

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 2-204. Rules of Procedure. The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings, which shall be a public record. The mayor, as presiding officer, shall serve or otherwise designate the city attorney to serve as parliamentarian for the purposes of ruling on questions of procedure. The mayor or any councilmember may, at any time, question the city attorney as to procedural matters governing the meetings of council. The mayor may designate a police officer of the city to serve as sergeant at arms for the express purpose of maintaining the decorum or order at meetings of city council; however, it will remain within the sole discretion of the presiding officer to rule a councilmember out of order.

Section 2-205. Decorum. It is the intent of this charter provision to encourage decorum, civility, and respect in city council debate. Towards that end, councilmembers shall aspire to the following standards of decorum:
( 1) In legislative debate, councilmembers shall, to the maximum extent possible, keep their remarks germane to the matter before the city council at that time; and (2) Councilmembers shall refrain from attacking the motives and character of other councilmembers participating in the debate. It is not the intent of this provision to, in any way, hinder or impair the full and free expression of competing viewpoints in city council debate. Instead, it is the intent of this provision to foster citizen confidence in government through encouraging civil, respectful meetings.

Section 2-206. Quorum; Voting. Five councilmembers and the mayor or six 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 or by voting machine and recorded thereby, 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 five councilmembers shall be required for the adoption of any ordinance, resolution, or motion.

Section 2-207. Form of Legislation. Every official act of the city council having the force and effect of law shall be by ordinance. All other actions of the city council shall be by resolution. Every proposed ordinance shall be introduced in writing and in the form required for final adoption. Each ordinance which involves lengthy documents not included within the body of such ordinance shall include a

3894

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

reference to such documents. No ordinance shall contain more than one subject matter, which subject shall be clearly expressed in the title of the ordinance. The enacting clause shall be 'Be it ordained by the city council of East Point...'. Any ordinance which repeals or amends an existing ordinance or part of the city code shall set forth the ordinance sections or subsections to be repealed or amended. An ordinance may be introduced by any councilmember at any regular meeting of the city council or at any special meeting at which an ordinance may be lawfully considered and adopted. Each ordinance shall be read by title at two different regular meetings of the city council unless such reading be waived by two or more councilmembers at any meeting of the city council duly convened at which a quorum is present; provided, however, that any zoning ordinance, assessing ordinance, or any other ordinance requiring a pubic hearing shall not be finally adopted until after such ordinance has been properly advertised and a public hearing held thereon.

Section 2-208. Processing of Adopted Legislation. (a) The city clerk shall authenticate by the clerk's signature and record in full, in a properly indexed book kept for that purpose, all ordinances adopted by the council. (b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of Jaw. 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 East Point, 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 price fixed by applicable state Jaw. (c) The city council shall cause each ordinance, each resolution, and each charter amendment to be printed promptly following its adoption, and the printed ordinances, resolutions, 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.

Chapter 3 City Manager

Section 2-301. City Manager Appointment; Qualifications; Compensation. The city council shall select and appoint a city manager for the city by an affirmative vote of a majority of all its members and fix such city manager's compensation. The city council may enter into an employment contract with the city manager upon such terms and conditions as, in their opinion, are in the best interest of the city; provided, however, that

GEORGIA LAWS 2007 SESSION

3895

such employment contract shall not have a term of longer than four years. In the absence of an employment contract specifying otherwise, said appointment shall be for an indefinite term. The city manager shall be appointed solely on the basis of such city manager's executive and administrative qualifications. The city manager need not be a resident of the city but must reside in the state of Georgia during the time of appointment. On request, the city manager shall be eligible to participate in a pension plan for employees and shall have all of the benefits offered to all other employees of the city.

Section 2-302. Powers and Duties of the City Manager. The city manager shall, subject to the policy control, direction, and supervision of the mayor and city council, be the head ofthe administrative branch ofthe municipal government ofthe City of East Point and responsible for the efficient administration of all departments of said municipal government. The city manager shall be responsible to the city council for the administration of all city affairs placed in the city manager's charge by or under this charter. As the chief executive and administrative officer, the city manager shall:
(I) Appoint and, when the city manager deems it necessary for the good of the city, suspend or remove all city employees and administrative officers the city manager appoints, except as otherwise provided by law or personnel ordinances adopted 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) Direct and supervise the administration of all departments, offices, and agencies of the city, except as otherwise provided by this charter or by law; (3) Attend all city council meetings except for closed meetings held for the purposes of deliberating on the appointment, discipline, or removal of the city manager and have the right to take part in discussion but not vote; (4) See that all laws, provisions of this charter, and acts of the 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) Prepare and submit the annual operating budget and capital budget to the city council; (6) 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) Make such other reports as the city council may require concerning the operations of city departments, offices, and agencies subject to the city manager's direction and supervision; (8) 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 the city manager deems desirable; (9) Make recommendations to the city council concerning the affairs of the city and facilitate the work of the city council in developing policy;

3896

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(I 0) Assist the city council to develop long-term goals for the city and strategies to implement these goals; (11) Encourage and provide staff support for regional and intergovernmental cooperation; (12) Promote partnerships among city council, staff, and citizens in developing public policy and building a sense of community; and (13) Perform other such duties as are specified in this charter or as may be required by the city council.

Section 2-303. Deputy City Manager. The city manager shall appoint a deputy city manager who shall report to and assist the city manager in carrying out the functions, duties, and responsibilities of the city manager's office. The deputy city manager shall be subject to confirmation by the city council.

Section 2-304. 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 the city manager during his or her temporary absence or disability for a period not to exceed two weeks, if the deputy city manager is unable to perform these duties. When both the city manager and deputy city manager are unable to perform these duties for more than a two-week period, the city council shall appoint an acting city manager from among the department heads including the city attorney but specifically excluding the chiefs of police and fire departments.

Section 2-305. Removal. Except where the city council has approved an employment agreement for the hiring of the city manager and such employment agreement provides for different procedures regarding the removal of the city manager, the city council may remove the city manager from office only in accordance with the following procedures:
(1) The city council shall adopt by affirmative vote of two-thirds of its members a preliminary resolution which shall 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, the city manager 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 no later than five days before the hearing; (3) If the city manager has not requested a public hearing within the time specified in paragraph (2) of this section, the city council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of 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 two-thirds of the council members at any time after the public hearing; and

GEORGIA LAWS 2007 SESSION

3897

(4) The city manager shall continue to receive a salary until the effective date of a final resolution of removal.

Chapter 4 Relationship Among Mayor, City Council, and City Manager.

Section 2-401. Role Delineation. Based upon the firm belief that the proper, efficient, and effective administration and operation of the city's council-manager form of government will be fostered by a clear definition of the roles and responsibilities of the city council, mayor, and city manager, this charter provision states the following principles, which are intended to be fully consistent with this article:
(I) The full and complete legislative and policy making authority of the city resides in the city council, and the city manager shall take no action which impinges upon or interferes with the city council's policy making role. Other than providing information relevant and germane to the city council's legislative deliberations, the city manager shall strive to remain a neutral party in such legislative deliberations. To ensure the actuality and appearance of neutrality, neither the city manager nor any department heads shall participate in any political activity on behalf of the mayor, any councilmember, or any candidate for such offices, nor shall the city manager or any department head make any political contribution to the mayor, any councilmember, or any candidate for such offices. The mayor and councilmembers shall not solicit or accept any campaign contributions from any city employee; (2) The city manager is the chief executive officer of the city, and, as such, all department heads, except the city attorney and city clerk who are appointed by and report to the city council, report to the city manager. The mayor and city council shall observe the management authority of the city manager.
(A) The mayor and councilmembers shall not in any manner dictate the appointment or removal of any city administrative officers or employees whom the city manager or any of his or her subordinates are empowered to appoint; (B) Except for the purpose of conducting an investigation or inquiry authorized by the city council pursuant to Section 2-202 of this charter, the mayor and councilmembers shall deal with city officers and employees who are subject to the direction and supervision of the city manager solely through the city manager, and neither the mayor nor any councilmembers shall give orders to any such officers or employees either publicly or privately; (C) The mayor and city council shall not give directives to any city officers or employees, other than the city manager, city attorney, and city clerk, regarding any matters including, but not limited to, constituent complaints and complaints regarding the services, operation, or administration of any department or function of city government. Although the mayor and city council shall not be prohibited from communicating with

3898

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

city officers or employees with constituent complaints or concerns, the city manager shall be copied on all such communications; (D) The mayor and councilmembers, unless acting pursuant to a duly authorized investigation or inquiry, shall not discuss in open session the performance of or complaints against any city officer or employee during a city council meeting. This provision is not intended to prevent the mayor or city council from discussing, in general terms, the performance of or any issue relating to any department or function of city government; and (E) It shall be prohibited for the mayor or any councilmember to sit in on personnel and management meetings between the city manager and city employees unless such participation is consented to by the city manager and approved by the city council; and (3) The mayor shall have no management authority or responsibility with respect to the operations and administration of city government; and (4) The mayor and city council, as elected officials, shall possess fundamental oversight duties and responsibilities with respect to all operations and administration of city government, and the city manager shall be responsible and duty bound to facilitate the mayor and city council's oversight function. Once the city council has passed the operating and capital budgets of the city, it shall be the responsibility of the city manager to administer such budgets and to keep the mayor and city council fully informed as to the city's progress against such budgets. The city manager shall provide monthly financial updates on the budgets with year to date information, and such updates shall contain all material information necessary for the mayor and city council to evaluate the financial performance and condition of the city. However, once the city council has appropriated funds in the budget and encumbered such funds through subsequent legislative action, the city manager shall have the authority to administer such budget including contract administration and account payables as part of the management function.

Chapter 5 Ethics

Section 2-501. Fiduciary Responsibility. Elected officials and appointed officers of the city are trustees and servants of the citizens of the city, have a fiduciary duty to such citizens, and shall act in accordance with their fiduciary responsibilities and duties for the benefit of such citizens.

Section 2-502. Conflicts of Interest. No elected official, appointed officer, or employee of the city or any board, commission, or authority to which this charter applies shall knowingly:
(I) Engage in any business or transaction, or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of that persons official duties or which would tend to impair the independence of the official's judgment or action in the performance of those official duties;

GEORGIA LAWS 2007 SESSION

3899

(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 ofthe official's judgment or action in the performance of those official duties; (3) Disclose confidential information, including information obtained at meetings which are closed pursuant to Chapter 14 of Title 50 of the O.C .G .A., or such other applicable laws as are or may hereafter be enacted, concerning the property, government, or affairs of the governmental body by which the official is engaged, without proper legal authorization; or use such information to advance the financial or other private interest of the official or others; (4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation which to the official's knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which the official is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against the city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which the official has financial interest.

Section 2-503. Disclosure Requirements. Any elected official, appointed officer, or employee who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such interest to the city council. The mayor or any councilmember who has a financial interest in any matter pending before the city council shall disclose such interest, and such disclosure shall be entered on the records of the city council, and that official shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of the city or of any board, commission, or agency 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 and refrain from participation in any decision or vote relating thereto.

Section 2-504. 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.

3900

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Section 2-505. Voidable Contracts. Any violation ofthis chapter which occurs with the knowledge, express or implied, ofa party to a contract or sale shall render said contract or sale voidable at the option of the city council.

Section 2-506. Ineligibility of Elected Officials. Except where authorized by law, neither the mayor nor any councilmember shall hold any other elected or compensated appointed office in the city or otherwise be employed by said government or any agency thereof during the term for which that official was elected. No former mayor and no former councilmember shall hold any compensated or appointed office in the city until one year after the expiration of the term for which such official was elected.

Section 2-507. Restrictions on Certain Political Activities. No appointed officer of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. No employee of the city shall continue in such employment upon election to any public office in this city or any other public office which is inconsistent, incompatible, or in conflict with the duties of the city employee. Such determination shall be made by the city council either immediately upon election or at any time such conflict may arise.

Section 2-508. Board of Ethics. (a) There is created a Board of Ethics consisting of nine members who shall be residents of the city. (b) Members of the Board of Ethics shall not be elected officials, full-time appointed officials, or city employees. Members of the Board of Ethics shall not serve on any other city board, commission, or authority. No person shall serve as a member of the Board of Ethics if the person has, or has had within the preceding one year period, any interest in any contract, transaction, or official action of the city. (c) The mayor and each councilmember shall each designate one member to the Board of Ethics. Each member of the Board of Ethics shall have been a resident of the city for at least one year immediately preceding the date of taking office and shall remain a resident of the city while serving as a member of the Board of Ethics. (d) Members of the Board of Ethics shall be appointed for a term to run concurrently with the appointing official. The board shall select its own presiding officer from among its members. All appointments to fill a vacancy shall be made in the same manner as the original appointment. (e) The city council shall provide by ordinance the specific powers and duties of the Board of Ethics. The city council shall provide such staff support for the Board of Ethics as is determined to be necessary for the board to fulfill its duties.

GEORGIA LAWS 2007 SESSION Article III. ELECTIONS

3901

Section 3-101. Wards. The city is hereby divided into four wards to be designated respectively as Wards A, B, C, and D. The boundaries of these wards are set forth in legal descriptions that are set forth in Appendix I attached to this charter. Said appendix is incorporated herein as if fully set forth in this section.

Section 3-102. Reapportionment of Wards. Subject to the limitations of state and federal law, the city council shall apportion the wards of the city from which members of the city council are elected following publication of the 2010 United States decennial census and any such future census. Such reapportionment shall be effective for the election of members to the city council at the next regular general municipal election following the publication of the decennial census.

Section 3-103. Election of Councilmembers and Mayor. (a) Election of Councilmembers. The eight councilmembers of the city council shall be elected as follows:
(1) Ward Councilmembers. There shall be one councilmember elected from each of the four wards in the city. Each ward counci1member shall be a resident of the ward in which he or she seeks election and shall be elected exclusively by the qualified electors residing within each such ward at the place or places as the city council designates. The elections for the ward councilmembers shall be on the date of the general election and quadrennially thereafter. The terms of all regularly elected ward councilmembers shall be as set forth in Section 2-105 ofthis charter. (2) At-Large Councilmembers. There shall be four at-large councilmembers elected. One councilmember shall be a resident of Ward A, one councilmember shall be a resident of Ward B, one councilmember shall be a resident of Ward C, and one councilmember shall be a resident of Ward D, and each shall be elected by the qualified electors of the entire city at such place or places as the city council designates. The election for the at-large councilmembers shall be on the date ofthe general election and quadrennially thereafter. The terms ofall regularly elected at-large councilmembers shall be as set forth in Section 2-105 of this charter. (b) Election of Mayor. The election of the mayor shall be conducted on a city-wide basis held and elected exclusively by qualified voters in the entire city at such place or places as the city council designates. The election of the mayor shall next be conducted on the date of the general election. The term of the mayor shall be as set forth in Section 2-105 of this charter.

3902

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Section 3-104. Special Elections. In the event that the office of mayor or any councilmember shall become vacant for any cause, the city council shall order a special election to fill the balance of the unexpired term of such official; provided, however, that, if the vacancy occurs within 12 months of the expiration of the term of that office, the city council shall appoint a successor for the remainder of the term.

Section 3-105. Conduct of Elections. Except as set forth in this charter, all regular and special city elections shall be held pursuant to Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," or such other applicable laws as are or may hereafter be enacted.

Section 3-106. Nonpartisan Elections. All elections for the purpose of electing the mayor and members of the city council shall be nonpartisan, and no political party shall conduct primaries for the purpose of nominating candidates for municipal elections.

Article IV. ADMINISTRATION

Section 4-101. Administrative and Operating 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 nonelected offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of this city. The exercise of the city council of the powers shall not be deemed to constitute interference with the management authority and responsibility of the city manager, and no provision contained in Section 2-40 I of this charter is intended to abridge or limit the city council's power as set forth in this charter. (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 ofthe affairs and operations ofthat director's 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.

GEORGIA LAWS 2007 SESSION

3903

Section 4-102. City Attorney. The city council shall appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for providing for the representation and defense of the city in all litigation to 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, city manager, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of the person's position as city attorney. The city attorney shall coordinate the handling of the day-to-day legal affairs of the city with the city manager but shall ultimately report to the city council.

Section 4-103. City Clerk. The city council shall appoint a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal and shall impress documents with such seal when authorized, shall maintain city council records required by this charter, and shall perform such other duties as may be required by the city council. The city clerk shall coordinate the handling of the day-to-day affairs of the office with the city manager but shall ultimately report to the city council.

Section 4-104. City Seal. The city shall have a corporate seal that bears the words "The City of East Point, Georgia, Seal" and the figures "1887".

Section 4-105. Personnel Policies and Regulation. 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 ofa position classification and pay plan, methods ofpromotion and application of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave and other leaves of absence, overtime pay, and the order and manner in which layoff shall be effected; (4) Such dismissal hearings as due process may require; (5) An employee retirement plan and adjustments to the retirement benefits of retired persons; and (6) Such other personnel policies as may be necessary to provide for adequate and systematic handling of personnel affairs. Notwithstanding any other provision of this charter, all existing seniority rights of present officers and employees of said city are preserved and continued.

3904

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Section 4-106. Civil Service Board of Appeals. (a) There is created a Civil Service Board of Appeals consisting of nine members who shall be residents of the city. The Civil Service Board of Appeals shall be empowered to hold hearings when requested by an employee of the city regarding proposed demotions, promotions, suspensions, dismissals, or other such actions and shall have such powers to dispose of such cases as shall be provided by ordinance. (b) Members of the Civil Service Board of Appeals shall not be elected officials, full-time appointed officials of the city, or employees of the city. Members of the Civil Service Board of Appeals shall not serve on any other city board or commission. (c) The mayor and each councilmember shall designate one member to the Civil Service Board of Appeals. Each member of the Civil Service Board of Appeals shall have been a resident of the city for at least one year immediately preceding the date of accepting the appointment and shall remain a resident of the city while serving as a member of the Civil Service Board of Appeals. (d) Members of the Civil Service Board of Appeals shall be appointed for a term to run concurrently with the appointing official. The board shall select its own presiding officer from among its members. All appointments to fill a vacancy shall be made in the same manner as the original appointment. (e) The city council shall provide by ordinance the specific powers and duties of the Civil Service Board of Appeals and shall incorporate such board of appeals into the personnel policies and procedures of the city. The city council shall provide such staff support for the Civil Service Board of Appeals as is determined to be necessary for the board to fulfill its duties.

Section 4-107. Boards, Commissions, and Authorities. (a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by state 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 state law, no member of any board, commission, or authority shall hold any elected office in the city. (e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or by state law.

GEORGIA LAWS 2007 SESSION

3905

(f) No member of a board, commission, or authority shall assume office until that person has executed and filed with the city clerk the oath of office required pursuant to Section 7-102 of this charter. (g) No member of a board, commission, or authority shall serve on another board, commission, or authority of the city, unless one of the boards, commissions, or authorities is created to have a period of existence of less than one year. (h) No person who is a relative of the mayor or any councilmember shall be eligible to serve on a board, commission, or authority of the city. For purposes of this subsection, the term "relative" means a person who is related to the mayor or any councilmember as spouse or domestic partner or as any of the following, whether by marriage, blood, or adoption: parent, child, brother, sister, aunt, uncle, niece, nephew, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half-brother, half-sister, brother-in-law, or sister-in-law. A domestic partner is defined to include any two people who are defined as living within the following criteria:
(1) Responsible for each other's welfare; (2) Neither person is in a marriage "expressly recognized" by a legal definition; (3) Neither person is registered in a union or domestic partnership with another party; (4) Not related as defined by the State of Georgia; (5) Share a primary residence; and (6) Have declared their intent for a permanent partnership. (i) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chair and one member as vice chair and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city, or state law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Each board, commission, or authority shall adopt the provisions of Chapter 5 of Article II of this charter as its rules of ethics; provided, however, that each such board, commission, or authority shall have the power and authority to adopt additional or more stringent ethical requirements. Copies of bylaws, rules, and regulations adopted by boards, commissions, and authorities of the city shall be filed with the city clerk.

Section 4-108. Municipal Utility Advisory Commission. (a) Creation. There is hereby created and established the Municipal Utility Advisory Commission which shall consist of nine members. (b) Appointments; Terms; Vacancies. The mayor and each councilmember shall have an appointment to the commission. Any person so appointed shall be a resident of the city at the time of appointment and during the term of their service in office. Of the initial members appointed to the commission, three of

3906

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

the members shall be appointed for a term expmng two years after the organizational meeting of the commission; three members shall be appointed for a term expiring three years after the organizational meeting of the commission; and three members shall be appointed for a term expiring four years after the organizational meeting of the commission. Thereafter, all members shall be appointed for four-year terms. Members of the commission shall select one of its members as chairperson. Any vacancy on the commission, however created, shall be filled for the unexpired term in the same manner as the position was originally filled, and the person filling the vacancy shall have and retain all the qualifications prescribed for membership. (c) Powers and Duties. The commission shall study, evaluate, and review the operations and financial performance of any municipal utility owned by the city. The commission will report to the mayor, city council, city manager, and citizens of East Point on its findings and any recommendations that it has to improve the operations and financial performance of such utilities. All employees of the city shall cooperate with the commission in the performance of its official duties. The commission shall not have any operational, management, or governance authority over the municipal utilities but shall act in an advisory role. (d) Assistance to the Commission. The city manager's office shall provide the necessary staff and assistance to the commission as required for the completion of its tasks. (e) Organization of Commission. The mayor and city council shall make its appointments to this commission within 90 days of the effective date of this charter. The commission shall hold an organizational meeting no later than 180 days after the effective date of this charter. The commission shall establish a schedule or regular meetings, which shall occur no less frequently than quarterly, and shall adopt its rules of procedure.

Article V. FINANCE Chapter 1 Budget and Accounting.

Section 5-101. Budget Preparation and Submission. (a) On or before the second regular meeting of city council during the month of April of each year, the city manager shall submit to the city council a budget for the ensuing fiscal year and an accompanying message so that city council can approve the budget by the first city council meeting in June. (b) The city manager's message shall explain the budget both in fiscal terms and in terms of the work programs. It shall outline the proposed financial policies of the city for the ensuing fiscal year, describe the important features ofthe budget, indicate any major changes from the current year and financial policies, expenditures, and revenues together with the reasons for such changes, summarize the city's debt position, and include such other material as the city manager deems desirable.

GEORGIA LAWS 2007 SESSION

3907

(c) The budget shall provide a complete financial plan of all city funds and activities for the ensuing fiscal year and, except as required by law or this charter, shall be in such form as the city manager deems desirable or the city council may require. In organizing the budget, the city manager shall utilize the most feasible combination of expenditure classification by fund, organization unit, program purpose of activity, and object. It shall begin with a clear general summary of its contents; shall show in detail all estimated income, indicating the proposed property tax levy and all proposed expenditures including debt service, for the ensuing fiscal year; and shall be so arranged so as to show comparative figures for actual and estimated income and expenditures of the current fiscal year and actual income and expenditures of the preceding fiscal year. It shall indicate in separate sections:
(1) Proposed expenditures for current operations during the ensuing fiscal year detailed by offices, departments, and agencies in terms of their respective work programs and method of financing such expenditures; (2) Proposed capital expenditures during the ensuing fiscal year detailed by offices, departments, and agencies, when practicable, and the proposed method of financing each such capital expenditure; and (3) Anticipated net surplus or deficit for the ensuing fiscal year of each utility owned or operated by the city and the proposed method of its disposition. Subsidiary budgets for each such utility giving detailed income and expenditure information shall be attached as appendices to the budget. The total proposed expenditure shall not exceed the total of estimated income.

Section 5-102. Budget Action. (a) Notice and Hearing. The city council shall publish, in one or more newspapers of general circulation of the city, the general summary of the budget in a notice stating:
(I) The times and places where copies of the message and budget are available for inspection by the public; and (2) The time and place, not less than two weeks after such publication, for a public hearing on the budget. (b) Amendment before Adoption. After the public hearing, the city council may adopt the budget with or without amendment. In amending the budget, it may add or increase programs or amounts and may delete or decrease any programs or amounts, except expenditures required by law or for debt service or for estimated cash deficit; provided, however, that no amendment to the budget shall increase the authorized expenditures to an amount greater than the total of estimated income. (c) Adoption. The city council shall adopt the budget on or before the first meeting of June. If it fails to adopt the budget by this date, the amounts appropriated for current operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items in it prorated accordingly, until such time as the city council adopts a budget

3908

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

for the ensuing fiscal year. Adoption of the budget shall constitute appropriations of the amounts specified therein as expenditures from the funds indicated and shall constitute a levy of the property tax therein proposed.

Section 5-103. Budget Amendment. (a) Supplemental Appropriations. If, during the fiscal year, the city manager certifies that there are available for appropriation revenues in excess of those estimated in the budget, the city council by ordinance may make supplemental appropriations for the year up to the amount of such excess. (b) Emergency Appropriations. To meet a public emergency affecting life, health, property, or the public peace, the city council may make emergency appropriations. Such appropriations may be made by ordinance. To the extent that there are no available unappropriated revenues to meet such appropriations, the city council may by such emergency ordinance authorize the issuance of emergency notes which may be renewed from time to time, but the emergency notes and renewals of any fiscal year shall be paid not later than the last day of the fiscal year next succeeding that in which the emergency appropriation was made. (c) Reduction of Appropriations. If, at any time during the fiscal year, it appears probable to the city manager that the revenues available will be insufficient to meet the amount appropriated, the city manager shall report to the city council without delay, indicating the estimated amount of the deficit, any remedial action taken by the city manager, and his or her recommendations as to any other steps to be taken. The city council shall then take such further action as it deems necessary to prevent or minimize any deficit, and for that purpose, it may by ordinance reduce one or more appropriations. (d) Transfer of Appropriations. At any time during the fiscal year, the city manager may transfer part or all of any unencumbered appropriation balance among programs within a department, office, or agency. The city manager shall not transfer part or all of any unencumbered appropriation balance from one department, office, or agency to another, unless such transfer has been approved by an ordinance enacted by the city council. (e) Limitations; Effective Date. No appropriation for debt service shall be reduced or transferred, and no appropriation shall be reduced below any amount required by law to be appropriated or by more than the amount of the unencumbered balance thereof. The supplemental and emergency appropriations and reduction or transfer of appropriations authorized by this section may be made effective immediately upon adoption.

Section 5-104. Capital Budget. (a) On or before the date that is three months prior to the final date for submission of the budget, the city manager shall submit to the city council a proposed capital improvements

GEORGIA LAWS 2007 SESSION

3909

plan with a recommended capital budget containing the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have power to accept, with or without amendments, or reject the proposed plan and proposed budget. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital budget, except to meet a public emergency as provided in Section 2-203. (b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal year on or before the first meeting of the city council in 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, that the city manager 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 5-105. Disclosure of Unfunded Capital Projects. The city council shall be required to disclose publicly by the attachment of an addendum to the capital budget adopted each year a listing of all capital projects set forth in the prior year budget that have not been funded by the city government.

Section 5-106. Fiscal Controls. (a) Separate Fund Accounting. The city manager shall ensure that separate accounts and accounting are maintained by each fund of the city, including the general fund, the municipal utility fund, and all enterprise funds. (b) Contingency and Reserve Account. There shall be no expenditure of any funds from a contingency or reserve fund account, unless such expenditure has been approved by the council. (c) Liquidation of City Term Investments. There shall be no liquidation of city term investments, unless such liquidation has been approved by the council.

Section 5-107. 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 5-108. 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

3910

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

the state or federal governments may be accepted as satisfying the provisions of this section. Copies of annual audit reports shall be available at printing costs to the public.

Chapter 2 Revenue and Taxation

Section 5-201. Tax Levy. The city council shall levy by ordinance such taxes as are necessary to provide for the operation, maintenance, support, and expenses of the city and its various functions and departments, including such taxes as are necessary for the payment of the principal and interest of the bonded indebtedness and related sinking funds of the city as the same shall become due and payable. 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 ofthe several funds set forth in the annual operating budget and current year capital budget for defraying the expenses of the general government of this city.

Section 5-202. Property Tax; Millage Rate Limitation. 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 shall not exceed 15 mills on each dollar of taxable value. This tax shall be 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 5-203. 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. If unpaid, such taxes shall be collected as provided in Section 5-209 of this charter.

Section 5-204. Regulatory Fees; Permits. The city council by ordinance shall have the power to require businesses or practitioners doing business within this city to obtain a permit for such activity from the city and pay a reasonable regulatory fee for such permit as provided by general law. Such fees shall reflect the reasonably estimated cost to the city of regulating the activity. If unpaid, such taxes shall be collected as provided in Section 5-209 of this charter.

GEORGIA LAWS 2007 SESSION

3911

Section 5-205. 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 be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by the clerk. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. (b) If no franchise agreement is in effect, the city council shall have 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. If unpaid, such taxes shall be collected as provided in Section 5-209 of this charter.

Section 5-206. Service Charges. The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available within and without the corporate limits of the city for the reasonably estimated cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 5-209 of this charter.

Section 5-207. 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. If unpaid, such assessments shall be collected as provided in Section 5-209 of this charter.

Section 5-208. 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 chapter shall not be construed as limiting in any way the general powers of this city to govern its local affairs.

Section 5-209. Collection of Delinquent Taxes. The city council by ordinance may provide generally for the collection of delinquent taxes, fees, charges, assessments, or other revenue due the city under this chapter by whatever

3912

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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 5-210. Tax Commissioner. The city council may establish the position of tax commissioner of the city. The tax commissioner's duties and functions shall include the following: to receive tax returns, assess unreturned property and property returned at less than its fair market value after notice to the owner to return his or her unreturned property or correct his or her erroneous or false return and after affording such property owner an opportunity to be heard; collect all property taxes and promptly pay over the same to the city treasurer; equalize taxes; determine, subject to revision by the board of tax assessors, the value for taxation of all real and personal property subject to taxation within said city; seek out and return or cause unreturned properties to be returned and assessed for taxation from the best information that can reasonably be secured from the most reliable sources as determined by the tax commissioner; issue and file for record on the general execution docket tax fi. fas. for taxes not paid when due; and proceed at once to collect same by placing such fi. fas. in the hands of the city marshal for prompt collection by levy and sale, and such tax commissioner may sue at law or in equity for such taxes; provided, however, that such tax fi. fas. may be sold and transferred by the city marshal for the full amount of taxes and accrued interest and costs. Said commissioner shall perform such other duties as may be incidental to his or her office or the duties hereof and such others as may be required by ordinance. The city council may contract with the Fulton County Tax Commissioner to authorize such official to exercise such powers of the city tax commissioner as are permitted and necessary to assess and collect city ad valorem taxes.

Section 5-211. Tax Exemptions. Exemption for Elderly and Disabled Residents. Each resident of the city who is 70 years of age or older or who is disabled shall be granted an exemption from all ad valorem taxes levied for city government purposes, including ad valorem taxes levied to pay interest on and retire bonded indebtedness of the city government, for the full value of the homestead owned and occupied by such resident if such resident's adjusted gross income, together with the adjusted gross income of the resident's spouse who also resides at such homestead, does not exceed the maximum amount which may be received by an individual and an individual's spouse under the federal Social Security Act. As used in this subsection, the term "adjusted gross income" shall have the same meaning as defined in the United States Internal Revenue Code of 1986, except that for the purposes of this subsection, the term shall include only that portion of income or benefits 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 which exceeds

GEORGIA LAWS 2007 SESSION

3913

the maximum amount which may be received by an individual and an individual's spouse under the federal Social Security Act. The homestead exemption provided for in this Act shall not apply to any state ad valorem taxes or to any ad valorem taxes levied for the Fulton County School District. In order to qualify for the exemption for disabled residents provided for in this subsection, 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., or such applicable laws as are or may be hereafter enacted, 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. A person shall not receive the homestead exemption granted by this section unless the person or person's agent files an affidavit with the tax commissioner giving the person's age or, if disabled, the certificate or certificates required by this section and the amount of income which the person and the person's spouse received during the last taxable year for income tax purposes and such additional information relative to receiving such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose. After a person has filed the proper affidavit and certificate or certificates, if disabled, as provided in this subsection, it shall not be necessary to make application and file the said affidavit and certificate thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any such person to notify the tax commissioner in the event such person becomes ineligible for any reason to receive the homestead exemption granted by this subsection. The homestead exemption granted by this subsection shall be cumulative of any other homestead exemption applicable to the city's ad valorem taxes. The homestead exemption granted by this subsection shall be a restatement and continuation of the homestead exemption created by Ga. L. 1994, p. 5048.

Chapter 3 Borrowing Section 5-301. 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 5-302. Revenue Bonds. Revenue bonds may be issued by the city council as state law now or hereafter provided. Such bonds shall be paid out of any revenue produced by the project, program, or venture for which they were issued.

3914

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Section 5-303. Short-Term Loans. The city may obtain short-term loans and shall repay such loans no later than December 31 of each year, unless otherwise provided by law.

Section 5-304. 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 that 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 shall 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.

Chapter 4 Procurement and Disposal of Property

Section 5-401. Contracting Procedures. No contract with the city shall be binding on the city unless:
(I) 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; (3) It is reviewed as to substance by the city manager or the director of the department most affected by the contract, signed by the city manager or director of such city department to indicate approval as to substance of the contract, and is signed by the mayor; and (4) If it involves the expenditure of more than $25,000.00, it is authorized by the city council, and such approval is entered in the city council journal of proceedings.

Section 5-402. Centralized Purchasing. The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city, including comprehensive bidding procedures for the purchase of assets and the award of contracts; provided, however, that unless otherwise required by law, purchases or contracts involving the expenditure of more than $25,000.00 shall require city council approval.

Section 5-403. 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 city manager and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value.

GEORGIA LAWS 2007 SESSION

3915

(c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the city manager to sell and convey said cutoff or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the enjoyment of the highest and best use of the abutting owner's property. Included in the sales contract shall be a provision for the rights of way of said street, avenue, alley, or public place. Each abutting property owner shall be notified of the availability of the property and given the opportunity to purchase said property under such terms and conditions as set out by ordinance. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.

Article VI. MUNICIPAL COURT

Section 6-101. Municipal Court. There shall be a court to be known as the Municipal Court of the City of East Point. The municipal court shall be convened at regular intervals as provided by ordinance.

Section 6-102. Chief Judge; Assistant Judges. (a) Judges. The municipal court shall be presided over by a chiefjudge and such assistant judges as shall be provided by ordinance. (b) Qualifications. No person shall be qualified or eligible to serve as a judge on the municipal court unless that person:
( 1) Has been licensed to practice law in the State of Georgia for at least five years prior to appointment; (2) Is a member in good standing of the State Bar of Georgia at the time of his or her appointment; and (3) Is a resident of Fulton County at the time of and during their appointment. All judges shall be appointed by the city council and shall serve until a successor is appointed and qualified. (c) Compensation. The judges shall receive compensation and expenses for their service as provided by ordinance. (d) Terms. Judges shall be appointed by the city council for a term of four years and shall be authorized to serve in office until such judge's successor shall be appointed and qualified.

3916

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(e) Oath. Before assuming office, each judge shall take the oath of office required pursuant to Section 7-102 of this charter.

Section 6-103. Jurisdiction; Powers. (a) Violations of City Ordinances and Other Laws. The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law; provided, however, that the municipal court shall not impose any punishment of imprisonment, probation, or other loss ofliberty, nor any fine, fee, or cost the nonpayment of which is enforceable by imprisonment, probation, or other loss of liberty under this charter or under any county or other general law unless the municipal court provides to those persons accused of a criminal offense the right to representation by a lawyer and provides to those indigent persons who are accused of a criminal offense the right to representation by a lawyer at no cost to the accused. (b) Contempt. The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail. (c) Punishment. The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of$! ,000.00 or imprisonment for six months or both such fine and imprisonment. The municipal court shall have the power to impose such fines, periods of imprisonment, or alternative sentencing as may now or may hereafter be provided by law. (d) Schedule of Fees. 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 casemaking of prisoners bound over to superior courts for violations of state law. (e) Bail. The municipal court shall have authority to establish bail and recognizance to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for that person's appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at such time and an execution issued thereon by serving the defendant and the defendant's sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city or the property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes.

GEORGIA LAWS 2007 SESSION

3917

(f) Production of Evidence. 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) Subpoenas. The municipal court may compel the presence of all parties necessary to a proper disposal ofeach case by the issuance of subpoenas and summonses, which may be served, as executed by any officer as authorized by this charter or by Jaw. (h) Warrants. 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 6-104. Appeals from Municipal Court. The right to appeal the decisions and judgments of the municipal court shall exist in all criminal cases and ordinance violation cases, and such appeals shall be made to the Superior Court of Fulton County under the Jaws of the State of Georgia that govern the making of appeals from municipal courts.

Section 6-105. Rules of Court. The chiefjudge 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. 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 VII. GENERAL PROVISIONS

Section 7-101. Reserved.

Section 7-102. Oath. All persons appointed as city managers, city attorneys, and city clerks appointed by the city council; all chief and associate judges of the municipal court; and all individuals appointed to serve on boards, commissions, and authorities created by the city council shall, prior to taking such offices, qualify by taking and subscribing before some officer authorized by Jaw to administer oaths the following oath: "I, (name), do solemnly swear and affirm that I will honestly and faithfully perform the duties of (position) of the City of East Point. I further swear that I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof; that I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state from which I am

3918

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

by the laws of the State of Georgia prohibited; that I am otherwise qualified to hold said office according to the Constitution and the laws of Georgia; that I will support the Constitution of the United States and this state and observe the provisions of the charter and code of ordinances of the City of East Point. So help me God or so I affirm."

Section 7-103. Existing Ordinances. (a) All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent with this charter shall be declared valid and of full effect and force until amended or repealed by the city council. (b) Within six months after the adoption of this charter, the city council shall provide for the review of all ordinances, resolutions, rules, and regulations of the city and shall readopt, repeal, or amend each so that a remodification, as required by subsection (b) of Section 2-208 of this charter, is accomplished.

Section 7-104. Existing Personnel. Except as specifically provided otherwise by this charter, all personnel and officers of the city and their rights, privileges, and powers shall continue beyond the time this charter takes effect for a period of 90 days before or during which the existing city council shall pass a transition ordinance detailing the changes in personnel and appointed officers required or desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition.

Section 7-105. 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 7-106. Construction. (a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word "shall" is mandatory and the word "may" is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa.

Section 7-107. 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

GEORGIA LAWS 2007 SESSION

3919

legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence, or part thereof be enacted separately and independent of each other.

Section 7-108. Repealer. An Act incorporating the City of East Point in the County of Fulton, approved August 19, 1912 (Ga. L. 1912, p. 862), shall be repealed in its entirety and all acts of the General Assembly or of the city council that amended the act that incorporated East Point in 1912 shall also be repealed in their entirety. All other laws and parts of laws in conflict with this charter are hereby repealed.

Section 7-109. Effective Date. This charter shall become effective on July 1, 2007.

APPENDIX I

The City of East Point shall be divided into four wards, to wit: Wards A, B, C, and D, which are more particularly described as follows:
(1) Ward A: The boundaries of Ward A of said city are as follows: Commencing at a point on the northern line of the city limits of the City of East Point formed by the intersection of the northerly city limits line of the City of East Point and the center line of Delowe Drive; thence along the city limits line of the City ofEast Point easterly, northerly, easterly, and southerly to a point where said city limits line intersects with the center line of Utoy Creek Fork; thence west along the center line of Utoy Creek Fork to the center line of Stanton Road; thence southernly along the center line of Stanton Road to the center line of State Road 166; thence easterly along the center line of State Road 166 to a point where said center line would intersect with the center line of Lawrence Avenue, if Lawrence Avenue were extended to said intersecting point; thence southernly along the center line of Lawrence Avenue to a point formed by the intersection of the center line of Lawrence Avenue and the center line of Main Street, ifLawrence Avenue were extended to the center of Main Street; thence southernly along the center line of Main Street to the city limits of the City of East Point, thence westerly along said city limits to the point where would lie the center line of Delowe Drive, if said center line were extended to form an intersection with the southerly limits of the City of East Point; thence northerly along the center line Delowe Drive and following the meandering thereof to its point of intersection with the northerly limits of the City of East Point and the point of beginning. (2) Ward B: The boundaries of Ward B of said city are as follows: Commencing at a point at the easternmost intersection of the city limits of the City of East Point and the center line ofUtoy Creek Fork; thence southernly along said city limits and following said city limits to the center line of Main Street in Land Lot 158 of the 14th District, Fulton County, Georgia; thence northerly along the center line of Main Street to a point formed by the intersection of said center line with the center line of Lawrence Avenue, if Lawrence

3920

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Avenue were extended to the center of Main Street; thence northerly along the center line of Lawrence Avenue to a point formed by the intersection of said center line with the center line of State Road 166, if Lawrence Avenue were extended to the center of State Road 166; thence westerly along the center line of State Road 166 to the point of intersection of said center line with the center line of Stanton Road; thence northerly along the center line of Stanton Road to the center line ofUtoy Creek Fork; thence easterly along the center line ofUtoy Creek Fork to the city limits of the City of East Point and the point of beginning. (3) Ward C: The boundaries of Ward C of said city are as follows: Commencing at a point on the northern limits of the city limits of the City of East Point where said city limits line intersects with the center line of Delowe Drive; thence south along the center line of Delowe Drive and following the meandering thereof to a point formed by the intersection of the center line ofDelowe Drive with the southerly limits of the City of East Point, if the center line of Delowe Drive were extended to form a point of intersection; thence westerly along the southerly limits of the City of East Point and following the meanderings thereof to a point formed by the intersection of the city limits of the City of East Point with the center line of Dodson Drive Connector, if said center line were extended to form a point of intersection; thence northerly along the center line of Dodson Drive Connector to a point formed by the intersection of Dodson Drive Connector and the center line of Stone Road, if the respective center lines were extended to form a point of intersection; running thence easterly along the center line of Stone Road to a point formed by the intersection of the center line of Stone Road with the center line of Pebble Drive, if the respective center lines were extended to form a point of intersection; thence northerly along the center line of Pebble Drive to a point formed by the intersection of the center line of Pebble Drive with the center line of Beech Drive, if said center lines were extended to form a point of intersection; thence easterly, northeasterly and northwesterly and following the meanderings of the center line of Beech Drive to its point of intersection with the center line of Camp Creek North Fork; thence northwesterly along the center line of Camp Creek North Fork to the point of intersection of said center line with the center line of Dodson Drive; thence northerly along the center line of Dodson Drive to the point of intersection of said center line with the center line ofHogan Road; thence westerly along the center line of Hogan Road to its point of intersection with the westerly limits of the city limits of the City of East Point at the west line of Land Lot 221 of the Fourteenth District of Fulton County, Georgia; thence northerly and easterly along the city limits line of the City of East Point and following the meanderings thereof to a point on the northern limits of the city limits of the City of East Point where said city limits line intersects with the center line of Delowe Drive and the point of beginning. (4) Ward D: The boundaries of Ward D of said city are as follows: Commencing at a point on the southerly city limits line of the City of East Point in Land Lot 194 of the Fourteenth District of Fulton County, Georgia, formed by the intersection of said city limits line with the center line ofDodson Drive Connector, ifsaid center line were extended to form a point

GEORGIA LAWS 2007 SESSION

3921

of intersection; thence southerly along the city limits of the City of East Point and following the meanderings thereof to a point on the westerly limits of the City of East Point formed by the intersection of said city limits line with the center line of Hogan Road; thence easterly along the center line of Hogan Road to a point formed by the intersection of the center line of Hogan Road with the center line of Dodson Drive, if the respective center lines were extended to form a point of intersection; thence southerly along the center line of Dodson Drive to a point formed by the intersection of the center line of Dodson Drive and the center line of Camp Creek North Fork; thence easterly and southerly along the center line of Camp Creek North Fork to a point formed by the intersection of said center line with the center line of Beech Drive; thence southerly along the center line of Beech Drive to the point of intersection of said center line with the center line of Pebble Drive, if the respective center lines were extended to form a point of intersection; thence southerly along the center line of Pebble Drive to a point formed by the intersection of said center line with the center line of Stone Road if the center line of Pebble Drive was extended to form a point of intersection; thence westerly along the center line of Stone Road to point formed by the intersection of said center line with the center line of Dodson Drive Connector ifthe respective center lines were extended to form an intersection; thence south, southeasterly and south along the center line of Dodson Drive Connector to a point formed by the intersection of said center line, if extended with the limits of the City of East Point on its southern boundary and the point of beginning.

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to provide a new charter for the City of East Point; to provide for reincorporation, 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 such 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

3922

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

prior ordinances and rules, pending matters, and existing personnel; to provide for penalties; to provide for definitions and construction; to restate a homestead exemption; to provide for other matters relative to the foregoing; to repeal a specific Act and amendments thereto; to provide for an effective date; and for other purposes.

This 23rd day of March 2007

Brenda B. James City Clerk

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe Heckstall, who on oath deposes and says that he is the Representative from District 62 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Daily Report which is the official organ of Fulton County on March 23, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

s/ JOE HECKSTALL Joe Heckstall Representative, District 62

Sworn to and subscribed before me, this 23rd day of March 2007.

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

Approved May 18, 2007.

GEORGIA LAWS 2007 SESSION
JACKSON COUNTY- BOARD OF COMMISSIONERS; CHAIRPERSON; VOTING.

3923

No. 175 (House Bill No. 697).

AN ACT

To amend an Act entitled "An Act to create a board of county commissioners for the county of Jackson," approved December 18, 1901 (Ga. L. 1901, p. 257), as amended, particularly by an Act approved March 16, 1999 (Ga. L. 1999, p. 3570), so as to change voting by the chairperson; 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 county commissioners for the county of Jackson," approved December 18, 1901 (Ga. L. 1901, p. 257), as amended, particularly by an Act approved March 16, 1999 (Ga. L. 1999, p. 3570), is amended by revising Section 9 as amended by Section 1B of Ga. L. 1999, p. 3570, as follows:

nSECTION 9. The board of commissioners shall hold one regular meeting 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 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 all members ofthe board ofcommissioners 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 entitled to vote on any question or issue before the board and may make or second any motion before the board. All regular and called meetings shall be conducted according to Robert's Rules ofOrder.n

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

3924

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 2007 session of the General Assembly of Georgia a bill to amend an Act entitled "An Act to Create a Board of Commissioners for the County of Jackson," approved December 18, 1901, (Ga. L. 1901, P. 257), as amended; and for other purposes.

This 15th day of February, 2007.

Honorable Tommy Benton Representative, District 31

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommy Benton, who on oath deposes and says that he is the Representative from District 31 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Jackson Herald which is the official organ of Jackson County on February 21,2007, and that the notice requirements ofCode Section 28-1-14 have been met.

s/ TOMMY BENTON Tommy Benton Representative, District 31

Sworn to and subscribed before me, this 14th day of March 2007.

s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2007 (SEAL)

Approved May 18, 2007.

GEORGIA LAWS 2007 SESSION

3925

CITY OF PINE LAKE- REDEVELOPMENT POWERS; REFERENDUM.

No. 176 (House Bill No. 702).

AN ACT

To authorize the City of Pine Lake to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. The City of Pine Lake 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 Pine Lake to undertake and carry out community redevelopment, to create tax allocation districts, to issue tax allocation bonds, and to incur other obligations within the meaning of and as fully permitted under the provisions of Article IX, Section II, Paragraph VII ofthe Constitution ofthe State of Georgia of 1983, as amended, and to authorize the City of Pine Lake to exercise redevelopment powers as fully as the "Redevelopment Powers Law" may now or hereafter permit and not to limit any redevelopment powers permitted under the "Redevelopment Powers Law."

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Pine Lake 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 Pine Lake for approval or rejection. The election superintendent shall conduct that election on a date during 2007, as determined by the governing authority and as provided under Code Section 21-2-540 of the O.C.G.A., and shall issue the call and conduct that election as provided by general law. The 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 the City of Pine Lake. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which authorizes the City of Pine Lake to exercise redevelopment powers under the 'Redevelopment Powers Law,' as
( ) NO it may be amended from time to time?''

3926

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become of full force and effect immediately. If Section I of this Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January, 2008. The expense of such election shall be borne by the City of Pine Lake. lt 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 2007 session of the General Assembly of Georgia a bill to authorize the City of Pine Lake to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; and for other purposes.

This 27th day of February, 2007

Representative Michele Henson 87th District

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Michele Henson, who on oath deposes and says that she is the Representative from District 87 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Champion which is the official organ of DeKalb County on March 8, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

s/ MICHELE HENSON Michele Henson Representative, District 87

GEORGIA LAWS 2007 SESSION
Sworn to and subscribed before me, this 13th day of March 2007.
sf DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 18,2007.

3927

DEKALB COUNTY SCHOOL DISTRICT- SCHOOL UNIFORMS; NONBINDING ADVISORY REFERENDUM.
No. 177 (House Bill No. 712).
AN ACT
To provide for a nonbinding, advisory referendum for residents ofthe DeKalb County School System regarding whether school uniforms should be required by the DeKalb County Board of Education for students in kindergarten through fifth grades; to provide for legislative purposes and findings; to provide for procedures and requirements relating thereto; to provide for a referendum; to provide for submission for preclearance; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) It is the purpose of this Act to provide for a nonbinding, advisory referendum for residents of the DeKalb County School System regarding whether school uniforms should be required for students in kindergarten through fifth grades. (b) It is found, determined, and declared that the holding of the nonbinding, advisory referendum provided for in this Act is:
( 1) In all respects for the benefit of the residents of the DeKalb County School System; (2) A public purpose; and (3) An essential governmental function for which public funds may be expended.
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent ofDeKalb County shall call and conduct a nonbinding, advisory referendum

3928

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

election as provided in this section for the purpose of submitting to the electors of the DeKalb County School System the question of whether school uniforms should be required for students in kindergarten through fifth grades. The election superintendent shall conduct that election on the date of the November, 2008, 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 DeKalb County. The ballot shall have written or printed thereon the words:

( ) YES ( ) NO

"NONBINDING ADVISORY REFERENDUM Should the DeKalb County Board of Education require that students in kindergarten through fifth grades wear school uniforms?"

All persons desiring to vote for approval of the question shall vote "Yes," and those persons desiring to vote for rejection ofthe question shall vote "No." The expense of such election shall be borne by DeKalb County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 3. The Board of Education of Dekalb County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to provide for a nonbinding, advisory referendum for residents of the DeKalb County School System regarding wheJher school uniforms should be required by the DeKalb County Board of Education for students in kindergarten through ninth grades and subsequently phased in through grade 12: to provide for legislative purposes and findings; to provide for procedures and requirements relating thereto; to provide for a referendum; to provide for submission for preclearance; to provide for related matters; and for other purposes.
This 8 day of March, 2007

GEORGIA LAWS 2007 SESSION
Representative Randal Mangham 94th District

3929

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Randal Mangham, who on oath deposes and says that he is the Representative from District 94 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Champion which is the official organ of DeKalb County on March 8, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

sf RANDAL MANGHAM Randal Mangham Representative, District 94

Sworn to and subscribed before me, this 15th day of March 2007.

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

Approved May 18, 2007.

CITY OF SOUTH FULTON- CORPORATE LIMITS.
No. 178 (House Bill No. 725).
AN ACT
To amend an Act providing for the incorporation of the City of South Fulton in Fulton County, approved April28, 2006 (Ga. L. 2006, p. 3856), so as to change provisions relating to the description of the territory to be included in the city; to correct a language error in the description; to change provisions relative to exclusion of territory within other municipal corporations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

3930

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act providing for the incorporation of the City of South Fulton in Fulton County, approved April28, 2006 (Ga. L. 2006, p. 3856), is amended by striking from Appendix A, near the beginning thereof, the following:
"All that territory lying in Fulton County south of the municipal limits of the City of Atlanta, exclusive of the following territory:", and inserting in place thereof the following: "Except as otherwise provided in the last sentence of this Appendix A, all that territory lying in Fulton County south of the municipal limits of the City of Atlanta, inclusive of the following territory:".

SECTION 2. Said Act is further amended by striking the last sentence of Appendix A which reads as follows:
"The corporate limits shall not include any such territory which, on the date of approval of this Act by the voters, was a part of any other municipal corporation.", and inserting in place thereof the following: "The corporate limits shall not include any such territory which as of April 2, 2007, was a part ofany other municipal corporation and for this purpose any otherwise valid annexation shall be considered as effective on the first day of the month following the month during which the requirements of Article 2, 3, or 4 of Chapter 36 of Title 36 of the O.C.G.A. were met."

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 2007 session of the General Assembly of Georgia a bill to amend an Act providing for the incorporation of the City of South Fulton in Fulton County, approved April 28, 2006 (Ga. L. 2006, p. 3856), so as to change provisions relating to the description of the territory to be included in the city; to correct a language error in the description; to change provisions relative to exclusion of territory within other municipal corporations; to provide for related matters; and for other purposes.

GEORGIA LAWS 2007 SESSION This 28th day ofFEBRUARY,2007.

3931

REPRESENTATIVE VIRGIL FLUDD 66TH DISTRICT

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Virgil L. Fludd, who on oath deposes and says that he is the Representative from District 66 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Daily Report which is the official organ of Fulton County on March 6, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

s/ VIRGIL L. FLUDD Virgil L. Fludd Representative, District 66

Sworn to and subscribed before me, this 13th day of March 2007.

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

Approved May 18, 2007.

FULTON COUNTY- COMMUNITY IMPROVEMENT DISTRICTS; DEFINITION OF PROJECT.
No. 179 (House Bill No. 734).
AN ACT
To amend an Act creating one or more community improvement districts in unincorporated Fulton County and within each municipality therein, approved April 3, 1987 (Ga. L. 1987, p. 5460), as amended by an Act approved April2, 1998 (Ga. L. 1998, p. 4065), and amended

3932

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

by an Act approved April28, 2001 (Ga. L. 2001, p. 4556), so as to redefine a certain term; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION I. An Act creating one or more community improvement districts in unincorporated Fulton County and within each municipality therein, approved April3, 1987 (Ga. L. 1987, p. 5460), as amended by an Act approved April 2, 1998 (Ga. L. 1998, p. 4065), and amended by an Act approved April 28, 2001 (Ga. L. 2001, p. 4556), is amended in Section 3 by revising paragraph (II) as follows:
"(II) 'Project' means the acquisition, construction, installation, modification, renovation, or rehabilitation of land, interests in land, buildings, structures, facilities, or other improvements located or to be located within the district or in another community improvement district immediately adjoining the district as to directly benefit the district, such benefit to be determined by the board, and the acquisition, installation, modification, renovation, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, for all the essential public purposes set forth in Section 2 of this Act."

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 2007 session of the General Assembly of Georgia a bill to amend an Act creating one or more community improvement districts in unincorporated Fulton County and within each municipality therein, approved April 3, 1987 (Ga. L. 1987, p. 5460) as amended by an Act approved April 2,1998 (Ga. L. 1998, p. 4065), and amended by an Act approved April 28, 2001 (Ga. L. 2001, p. 4556), so as to redefine a certain term; and for other purposes.
This 22nd day of February, 2007.
REPRESENTATIVE WENDELL WILLARD 49TH DISTRICT

GEORGIA LAWS 2007 SESSION GEORGIA, FULTON COUNTY

3933

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wendell Willard, who on oath deposes and says that he is the Representative from District 49 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Daily Report which is the official organ of Fulton County on February 26, 2007, and that the notice requirements ofCode Section 28-1-14 have been met.

s/ WENDELL WILLARD Wendell Willard Representative, District 49

Sworn to and subscribed before me, this 20th day of March, 2007.

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

Approved May 18, 2007.

CITY OF WINTERVILLE-MAYOR AND COUNCIL; VACANCIES; BOARDS, COMMISSIONS, AND AUTHORITIES; MUNICIPAL COURT.
No. 180 (House Bill No. 736).
AN ACT
To amend an Act creating a new charter for the City of Winterville (formerly Town of Winterville), approved March 4,1955 (Ga. L. 1955, p. 2794), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 3753) and an Act approved January 13, 1983 (Ga. L. 1983, p. 3707), so as to change provisions relating to vacancies; to provide for changes to boards, commissions, and authorities; to provide for changes to the chief judge and associate judge of the municipal court; to provide for the convening of municipal court; to provide for certiorari; to provide for rules of court; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

3934

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating a new charter for the City of Winterville (formerly Town of Winterville), approved March 4, 1955 (Ga. L. 1955, p. 2794), as amended, particu1ar1yby an Act approved March 24, 1994 (Ga. L. 1994, p. 3753) and an Act approved January 13, 1983 (Ga. L. 1983, p. 3707), is amended by revising Section 10 as follows:

"Section 10. Vacancy; Filling of Vacancies. (a) Vacancies. The office of mayor or counci1member 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 of the State of Georgia, Title 45 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted. (b) Filling of Vacancies. A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, by appointment by the mayor or mayor pro tern with approval of the council if less than 12 months remains in the unexpired term, otherwise, such vacancy shall be filled by an election and in accordance with Titles 21 and 45 of the Official Code of Georgia Annotated, or other such laws as are or may hereafter be enacted."

SECTION 2. Said Act is further amended by revising Sections 20 through 24.1 as follows:

"Section 20. Creation; Name. There shall be a court to be known as the Municipal Court of the City of Winterville.

Section 21. Chief Judge; Associate Judge. (a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or standby judge as shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless he or she shall have attained the age of 21 years, shall be a member of the State Bar of Georgia, and shall possess all qualification required by law. All judges shall be appointed by the mayor and approved by the city council and shall serve until a successor is appointed and qualified. (c) Compensation of the judge or judges shall be fixed by the city council by ordinance. (d) Judges serve at will and may be removed from office at any time by a majority vote of the city council unless otherwise provided by ordinance. (e) Before assuming office, each judge shall take an oath, given by the mayor, that he or she will honestly and faithfully discharge the duties of his or her office to the best of his or her ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal.

GEORGIA LAWS 2007 SESSION

3935

Section 22. Convening. The municipal court shall be convened at regular intervals as provided by ordinance.

Section 23. Jurisdiction; Powers. (a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for not more than six months or both 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 ofmeals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence ofthose charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person gives bail for his or her appearance and fails to appear at the time fixed for trial, his or her bond shall be forfeited to the judge presiding at such time, and an execution shall be issued thereon by serving the defendant and his or her sureties with a rule nisi, at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city, or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city.

Section 24. Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violations cases, and such certiorari shall be obtained

3936

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

under the sanction of a judge of the Superior Court of Clarke County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.

Section. 24.1. Rules of Court. With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to 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 proceeding at least 48 hours prior to said proceedings."

SECTION 3. Said Act is further amended by revising Section 26.1 as follows:

"Section 26.1. 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 establish by ordinance the composition, period of existence, duties, and powers thereof. (b) All members ofboards, commissions, and authorities of the city shall be appointed by the mayor with the approval of 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 may provide by ordinance for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed herein for the original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until he or she has executed and filed with the clerk of the city an oath obligating himself or herself to faithfully and impartially perform the duties of his or her office, such oath to be prescribed by ordinance and administered by the mayor. (g) All board members serve at will and may be removed at any time by a majority vote of the members of the city council present 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

GEORGIA LAWS 2007 SESSION

3937

government may establish 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 4. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.

SECTION 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 2007 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Winterville (formerly Town ofWinterville), approved March 4, 1955 (Ga. L. 1955, p. 2794), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 3753) and an Act approved January 13, 1983 (Ga. L. 1983, p. 3707), so as to change provisions relating to vacancies; to provide for changes to boards, commissions, and authorities; to provide for changes to the chief judge and associate judge of the municipal court; to provide for the convening of municipal court; to provide for certiorari; to provide for rules of court; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

This 1st day of March, 2007.

Representative Bob Smith 113 District

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 Athens Banner Herald which is the official organ of Clarke County on March 1, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

s/BOB SMITH Bob Smith Representative, District 113

3938

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Sworn to and subscribed before me, this 19th day of March, 2007.

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

Approved May 18,2007.

CITY OF SUWANEE- REDEVELOPMENT POWERS; REFERENDUM.
No. 181 (House Bill No. 748).
AN ACT
To authorize the City of Suwanee to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The City of Suwanee shall be and is authorized to exercise all redevelopment and other powers under Chapter44 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 Suwanee to undertake and carry out community redevelopment, to create tax allocation districts, to issue tax allocation bonds, and to incur other obligations within the meaning of and as fully permitted under the provisions of Article IX, Section II, Paragraph VII(b) of the Constitution of the State of Georgia of 1983, as amended, and to authorize the City of Suwanee 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 Suwanee shall call and conduct an election as provided

GEORGIA LAWS 2007 SESSION

3939

in this section for the purpose of submitting this Act to the electors of the City of Suwanee for approval or rejection. The municipal election superintendent shall conduct that election on the date of and in conjunction with the next regular municipal election for the City of Suwanee 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 Gwinnett County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act be approved which authorizes the City of Suwanee to exercise redevelopment powers under the 'Redevelopment Powers Law,' as it may be amended from time to time, for the purpose of improving economic and social conditions in depressed areas within the city?"

All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section I of this Act shall become of full force and effect immediately. If Section I of this Act is not so approved or if the election is not conducted as provided in this section, Section I of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Suwanee. 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 Pursuant to Article III, Section V, Paragraph IX of the Constitution of the State of Georgia of 1983 and O.C.G.A. 28-1-14, notice is given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to allow the City of Suwanee the ability to exercise redevelopment powers as more specifically set forth at O.C.G .A. 36-44-1 et seq; to provide for applicability; 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.

3940

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

This 8th day of January, 2007.

CHANDLER, BRITT, JAY & BECK, LLC CITY ATTORNEY

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby Reese, who on oath deposes and says that he is the Representative from District 98 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily Post which is the official organ of Gwinnett County on January 12, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

s/ BOBBY REESE Bobby Reese Representative, District 98

Sworn to and subscribed before me, this 6th day of March, 2007.

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

Approved May 18,2007.

CITY OF BLOOMNGDALE- FRANCHISE CONTRACTS.
No. 182 (House Bill No. 753).
AN ACT
To amend an Act creating a charter for the City of Bloomingdale, Georgia, approved March 25, 1974 (Ga. L. 1974, p. 3439), as amended, so as to change certain provisions relating to the city entering into franchise contracts; to repeal conflicting laws; and for other purposes.

GEORGIA LAWS 2007 SESSION BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

3941

SECTION 1. An Act creating a charter for the City of Bloomingdale, Georgia, approved March 25, 1974 (Ga. L. 1974, p. 3439), as amended, is amended by revising subsection (h) of Section 1.04, as follows:
'(h) To grant franchises or make contracts for public utilities and public services, not to exceed a period of 40 years. The council may prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor."

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 2007 session of the General Assembly of Georgia a bill to amend an Act creating a charter for the City ofBloomindale, Georgia, approved March 25, 1974 (GA. L. 1974, p. 3439), as amended; and for other purposes.
This 14th day of March 2007
Representative Earl Carter 159th 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 of Intention to Introduce Local Legislation was published in the Savannah Morning News which is the official organ of Chatham County on March 15, 2007, and that the notice requirements of Code Section 28-1-14 have been met.
s/ EARL L. CARTER Earl L. Carter Representative, District 159

3942

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Sworn to and subscribed before me, this 22nd day of March 2007.

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

Approved May 18, 2007.

CITY OF SUGAR HILL- REDEVELOPMENT POWERS; REFERENDUM.
No. 183 (House Bill No. 749).
AN ACT
To authorize the City of Sugar Hill to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The City of Sugar Hill 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 Sugar Hill to undertake and carry out community redevelopment, to create tax allocation districts, to issue tax allocation bonds, and to incur other obligations within the meaning of and as fully permitted under the provisions of Article IX, Section II, Paragraph VII(b) of the Constitution of the State of Georgia of 1983, as amended, and to authorize the City of Sugar Hill 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 Sugar Hill shall call and conduct an election as

GEORGIA LAWS 2007 SESSION

3943

provided in this section for the purpose of submitting this Act to the electors of the City of Sugar Hill for approval or rejection. The municipal election superintendent shall conduct that election on the date of and in conjunction with the next regular municipal election for the City of Sugar Hill 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 Gwinnett County. The ballot shall have written or printed thereon the
words:

"( ) YES ( ) NO

Shall the Act be approved which authorizes the City of Sugar Hill to exercise redevelopment powers under the 'Redevelopment Powers Law,' as it may be amended from time to time, for the purpose of improving economic and social conditions in depressed areas within the city?"

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 Sugar Hill. 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 2007 session of the General Assembly of Georgia a bill to authorize the City of Sugar Hill, Georgia to exercise all redevelopment and other powers under Article IX, Section 11, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law", as amended; and for other purposes.

This Ist day of March, 2007.

Mayor and Council City of Sugar Hill

3944

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby Reese, who on oath deposes and says that he is the Representative from District 98 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 March 3, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

sf BOBBY REESE Bobby Reese Representative, District 98

Sworn to and subscribed before me, this 15th day of March 2007.

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

Approved May 18,2007.

MUSCOGEE COUNTY SCHOOL DISTRICT- PUBLIC WORKS CONSTRUCTION; DEFINITION; POWERS OF SUPERINTENDENT TO CONTRACT; BID REQUIREMENTS; EMERGENCY CONTRACTS.
No. 184 (House Bill No. 766).
AN ACT
To amend an Act creating the Muscogee County School District, approved February 25, 1949 (Ga. L. 1949, p. 1086), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 4192), so as to exclude routine operation, repair, or maintenance of existing structures, buildings, or real property from the definition of public works construction; to change the maximum amount for which the superintendent of the board of education may make contracts, other than public works construction contracts, for supplies, labor, repairs, and other necessary school purposes, to $15,000.00; to change to $15,000.00 the amount of purchases under public construction contracts that can be expended without affording free

GEORGIA LAWS 2007 SESSION

3945

competition; to change the maximum amount to $15,000.00 which may be expended for contracts, other than public works construction contracts, without affording free competition; to provide that the superintendent of the board of education in an emergency may make certain contracts other than public works construction contracts; to provide for rules and regulations; to provide definitions; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating the Muscogee County School District, approved February 25, 1949 (Ga. L. 1949, p. 1086), as amended, particularly by an Act approved May 17,2004 (Ga. L. 2004, p. 4192), is amended by revising the undesignated first two paragraphs of Section II as follows:
"That the superintendent of the board of education may: (I) make public works construction contracts defined as the building, altering, repairing, improving, demolishing, or other improvement of any kind to any school district property, binding said merged school system where the expenditure does not exceed $50,000.00; provided, however, such term does not include the routine operation, repair, or maintenance of existing structures, buildings, or real property; and (2) make contracts, other than public works construction contracts, for supplies, labor, repairs, and other necessary school purposes, binding said merged school system where the expenditure involved does not exceed $15,000.00. All expenditures for such purposes in excess of such designated amounts must be first authorized by resolution adopted at a regular or special meeting of the board. No public works construction contract involving an expenditure of more than $50,000.00 and no purchase involving a public works construction contract involving an expenditure of more than $15,000.00 shall be made in any case without affording free competition. No public works construction contract shall be entered into by the board without taking the statutory performance bond required of counties and cities by the laws of this state in such cases.

That the superintendent of the board of education in the event of an emergency may make contracts, other than public works construction contracts, for supplies, labor, repairs, and other necessary school purposes, binding said merged school system where the expenditure involved exceeds $15,000.00, and that the board ofeducation by resolution may adopt rules and regulations governing the administration of this paragraph, including specific procedures which the superintendent must follow in exercising these emergency spending powers. As used in this paragraph, the term 'emergency' means an eventuality which cannot reasonably be foreseen and which if not corrected immediately will result in harm to people or property or in economic loss to said merged school system."

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

3946

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 2007 session of the General Assembly of Georgia a bill to amend an Act creating the Muscogee County School District, approved February 25, 1949 (Ga. L. 1949, p. I 086) as amended; changing from $10,000.00 to $15,000.00, the maximum amount for which the superintendent of the board of education may make contracts, other than public works construction contracts, without affording free competition, and for other purposes.

This 28th day of February, 2007.

Representative Vance Smith !29th District

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Vance Smith, who on oath deposes and says that he is the Representative from District 129 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Columbus Ledger-Enquirer which is the official organ of Muscogee County on March 9, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

s/ VANCE SMITH Vance Smith Representative, District 129

Sworn to and subscribed before me, this 22nd day of March 2007.

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

Approved May 18, 2007.

GEORGIA LAWS 2007 SESSION

3947

CITY OF DACULA- REDEVELOPMENT POWERS; REFERENDUM.

No. 185 (House Bill No. 769).

AN ACT

To authorize the City of Dacula to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. The City of Dacula 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 Dacula 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 of the State of Georgia of 1983, as amended, and to authorize the City of Dacula to exercise redevelopment powers as fully as the "Redevelopment Powers Law" may now or hereafter permit and not to limit any redevelopment powers permitted under the "Redevelopment Powers Law."

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Dacula 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 Dacula for approval or rejection. The municipal election superintendent shall conduct that election on the regular November, 2007, municipal election date 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 Gwinnett County. The ballot shall have written or printed thereon the words:

"( YES ( ) NO

Shall the Act be approved which authorizes the City of Dacula to exercise redevelopment powers under the 'Redevelopment Powers Law,' for the purpose of improving economic and social conditions in depressed areas within the city?"

3948

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section I of this Act shall become of full force and effect immediately. If Section I of this Act is not so approved or if the election is not conducted as provided in this section, Section I of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Dacula. 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 2007 session of the General Assembly of Georgia a bill to authorize the City of Dacula 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; and for other purposes.
This 20 day of February, 2007.
-s- Donna H. Sheldon Representative Donna Sheldon 105th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Donna Sheldon, who on oath deposes and says that she is the Representative from District 105 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 March 2, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

GEORGIA LAWS 2007 SESSION
s/ DONNA SHELDON Donna Sheldon Representative, District I 05
Sworn to and subscribed before me, this 7th day of March, 2007.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 18, 2007.

3949

POLK COUNTY- POLK COUNTY WATER AUTHORITY; REAPPOINTMENT OF MEMBERS; TERM OF OFFICE.
No. 186 (House Bill No. 787).
AN ACT
To amend an Act creating the Polk County Water Authority, approved April 14, 1967 (Ga. L. 1967, p. 3108), as amended, particularly by an Act approved January 25, 1994 (Ga. L. 1994, p. 3876), so as to change certain provisions relating to the reappointment and taking of office of members of the Authority; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the Polk County Water Authority, approved Aprill4, 1967 (Ga. L. 1967, p. 3108), as amended, particularly by an Act approved January 25, 1994 (Ga. L. 1994, p. 3876), is amended by revising subsection (d) of Section 2 as follows:
"(d) On and after April I, 2007, upon completion of the respective terms of the members of the Authority appointed by the Grand Jury pursuant to subsection (c) of this section, each successor to the members appointed by the Grand Jury and all successors thereafter shall be appointed by the affirmative vote of four members of the Polk County Board of Commissioners. The term of each person appointed by the board of commissioners

3950

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

pursuant to this subsection shall be for five years and until their respective successors are duly appointed and qualified."

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

NOTICE OF INTENT BY REPRESENTATIVE RICK CRAWFORD Notice is hereby given that there will be introduced at the 2007 Session of the General Assembly of Georgia a bill to amend an Act creating the Polk County Water Authority, approved April 14, 1967 (GA. L. 1967, p. 30 18), as amended, and renamed the Polk County Water, Sewage, and Solid Waste Authority, so as to change certain provisions relating to the reappointment and taking of office of members of the authority; to repeal conflicting laws; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rick Crawford, who on oath deposes and says that he is the Representative from District 16 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Cedartown Standard which is the official organ of Polk County on March 1, 2007, and that the notice requirements of Code Section 28-1-14 have been met.
s/ RICK CRAWFORD Rick Crawford Representative, District 16
Sworn to and subscribed before me, this 28th day of March 2007.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 18,2007.

GEORGIA LAWS 2007 SESSION
HALL COUNTY- BOARD OF COMMISSIONERS; EXPENSE ALLOWANCE.

3951

No. 187 (House Bill No. 775).

AN ACT

To amend an Act creating a Board of Commissioners for Hall County, approved March 21, 1935 (Ga. L. 1935, p. 661), as amended, particularly by an Act approved April 6, 1992 (Ga. L. 1992, p. 5327), so as to change the provisions of law concerning the expense allowance received by the chairperson and members of the Board of Commissioners of Hall County; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating a Board of Commissioners for Hall County, approved March 21, 1935 (Ga. L. 1935, p. 661 ), as amended, particularly by an Act approved April 6, 1992 (Ga. L. 1992, p. 5327), is amended by revising subsection (b) of Section 12 as follows:
"(b) For each meeting attended by the board which the commissioner attends in his or her official capacity as a member of the board, the chairperson and each member of the board shall be authorized to receive an expense allowance equal to the daily expense allowance provided by law for members of the General Assembly but shall be authorized to receive the same for not more than ten meetings per month; provided, however, that, if, by December 31, 2007, the board by majority vote adopts a resolution to do so, the board may increase the authorization to receive said expense allowance to not more than 12 meetings per month."

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 2007 session of the General Assembly of Georgia a bill to amend an Act creating a Board of Commissioners for Hall County, approved March 21, 1935 (Ga. L. 1935, p. 661 ), as amended, particularly by an Act approved April 6, 1992 (Ga. L. 1992, p. 5327), so as to change the provisions of law concerning the expense allowance received by the chairperson and members of the Board of Commissioners of Hall County; to provide for related matters; to repeal conflicting laws; and for other purposes.

3952

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James Mills, who on oath deposes and says that he is the Representative from District 25 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Times which is the official organ of Hall County on March 22,2007, and that the notice requirements of Code Section 28-1-14 have been met.

s/ JAMES MILLS James Mills Representative, District 25

Sworn to and subscribed before me, this 27th day of March 2007.

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

Approved May 18, 2007.

CITY OF CANTON -COMMUNITY IMPROVEMENT DISTRICTS.
No. 188 (House Bill No. 792).
AN ACT
To provide for the creation of one or more community improvement districts in the City of Canton; to provide for a short title; to provide for the purposes of said district or districts; to provide for definitions; to provide for a board to administer said district or districts; to provide for the appointment and election of members of said board or boards; to provide for taxes, fees, and assessments; to provide for establishment of the boundaries of said district or districts; to provide for a tax cap; to specify conditions whereby the continued existence of the district or districts or the continued existence of any one or more of the powers granted to the district or districts may be terminated; to provide procedures for termination of the district or districts; to provide for the alteration of district boundaries and the practices, procedures, and requirements related thereto; to provide for debt of said district or districts; to provide for cooperation with local governments; to provide for powers of said boards; to

GEORGIA LAWS 2007 SESSION

3953

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

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Short title.

This Act shall be referred to as the "City of Canton Community Improvement District Act."

SECTION 2. Purpose.

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

SECTION 3. Definitions.

As used in this Act, the term:

3954

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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

GEORGIA LAWS 2007 SESSION

3955

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

SECTION 4. Creation.

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

3956

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

conditions on the projects and activities which may be undertaken as will ensure their compatibility with adopted city policies and planning for the area; and (2) The written consent to the creation of the community improvement district by:
(A) A majority of the owners of real property within the given district which will be subject to taxes, fees, and assessments levied by the board of the given district; and (B) The owners of real property within the given district which constitutes at least 75 percent by value of all real property within the district which will be subject to taxes, fees, and assessments levied by the board. For this purpose, value shall be determined by the most recent approved county ad valorem tax digest. The written consent provided for in this paragraph shall be submitted to the Cherokee County tax commissioner, who shall certify whether subparagraphs (A) and (B) of this paragraph have been satisfied with respect to such proposed district. The district or districts or respective board or boards created under this Act shall not transact any business or exercise any powers under this Act until the foregoing conditions are met. A copy of such resolutions shall be filed with the Secretary of State and with the city clerk of the City of Canton, who shall each maintain a record of the district activated under this Act. Nothing contained herein shall limit the ability of the governing authority of the City of Canton to implement more than one community improvement district so long as the requirements hereof and of the Georgia Constitution are satisfied. The provisions of this Act shall be construed so as to provide for the independent application and exercise of all powers for each district contained herein including the ability to levy taxes as outlined herein as separately and independently authorizing and empowering such separate community improvement districts created hereby. Nothing contained herein shall require the governing authority of the City of Canton to create more than one community improvement district, or to require the creation of a new district if the district boundaries of an existing district are changed, added to, supplemented, or modified.

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

Each district created pursuant hereto shall be administered either by the governing authority or by a board as prescribed under this Act. In the event that a district is to be governed by such a board, the board shall be composed of a minimum of seven board members to be appointed and elected as hereinafter provided:
(I) Two board members shall be appointed by the mayor of the City of Canton, and confirmed by a majority of the city council, one of whom shall be a member of the city council, to serve in posts 6 and 7. Three board members shall be elected by the vote of electors, and two members shall be elected by the vote of equity electors. The members representing the electors and equity electors shall be elected to serve in post positions 1 through 5, respectively. Each elected board member must receive a majority of the votes cast for the post for which he or she is a candidate. Votes for posts 1 and 2 shall be cast

GEORGIA LAWS 2007 SESSION

3957

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

3958

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

member occur, and the regular caucus of electors is more than six months in the future, a special election shall be called to fill such vacancy, unless it is filled by appointment as hereinabove required. The district board may adopt such bylaws not inconsistent herewith to provide for any matter concerning such elections.

SECTION 6. Taxes, fees, and assessments.

(a) The board may levy taxes, fees, and assessments within the district only on real property used nonresidentially, specifically excluding all property exempt from ad valorem taxation under the Constitution or laws of the State of Georgia; all property used for residential, agricultural, or forestry purposes; and all tangible personal property and intangible property. Any tax, fee, or assessment so levied shall not exceed 2.5 percent of the aggregate assessed value of all such real property, subject to such limitations as the governing authority for the City of Canton may implement with the adoption of the resolution creating to the consent of the creation of said district. The taxes, fees, and assessments levied by the board shall be equitably apportioned among the properties subject to such taxes, fees, and assessments according to the need for governmental services and facilities created by the degree of density of development of each such property. The proceeds of taxes, fees, and assessments levied by the board shall be used only for the purpose of providing those governmental services and facilities set forth in Section 2 of this Act which are specially required by the degree of density of development within the district and not for the purpose of providing those governmental services and facilities provided to the municipality as a whole. Any tax, fee, or assessment so levied shall be collected by the City of Canton in the same manner as taxes, fees, and assessments are levied by the City of Canton. Delinquent taxes shall bear the same interest and penalties as City of Canton ad valorem taxes and may be enforced and collected in the same manner. The proceeds of taxes, fees, and assessments so levied, less a fee to cover the costs of collection of 0.25 percent thereof, but not more than $10,000.00 in any one calendar year, shall be transmitted as soon as they are acquired by the City of Canton to the board, and shall be expended by the board only for the purposes authorized hereby. (b) The board shall levy the taxes provided for in subsection (a) of this section subsequent to the report of the assessed taxable values for the current calendar year and notify in writing the collecting governing bodies so they may include the levy on their regular ad valorem tax bills, if possible. (c) There shall be a segregation of all funds from the levy of taxes, fees, and assessments as described hereunder for the district, and neither the City ofCanton, nor the Cherokee County tax commissioner shall expend for any purpose not authorized by the board of this district, any such taxes, fees, or charges assessed and collected hereunder except for such costs as may be attributed to the billing and collection of such fees, levies, and assessments.

GEORGIA LAWS 2007 SESSION

3959

(d) If, but for this provision, a parcel of real property is removed from a district or otherwise would become nontaxable, it shall continue to bear the tax millage levied by the district then extant upon such parcel for indebtedness of the district then outstanding until said indebtedness is paid or refunded.

SECTION 7. Boundaries of the district.

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

SECTION 8. Debt.

Except as otherwise provided in this section, the district may incur debt without regard to the requirements of Article IX, Section V of the Constitution of the State 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; provided, however, that the Board and the district may not issue bonds validated under or in accordance with Article 3 of Chapter 82 of Title 36 of the O.C.G.A., known as the "Revenue Bond Law," or in accordance with such other successor provisions governing bond validation generally or as may be provided by law.

SECTION 9. Cooperation with local governments.

The services and facilities provided pursuant hereto may be provided for in a cooperation agreement executed jointly by the board, the governing body of the City of Canton, and any municipalities and other governmental authorities or agencies within which the district is partially located. The provisions of this section shall in no way limit the authority of the City of Canton or any such municipality or any such authority to provide services or facilities within the district; and the City of Canton or such municipalities shall retain full and

3960

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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.

SECTION 10. Powers.

(a) The district and the board created pursuant hereto shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions hereof, including, without limiting the generality of the foregoing, the power to:
(1) Bring and defend actions; (2) Adopt and amend a corporate seal; (3) Make and execute contracts, agreements, and other instruments necessary or convenient to exercise the powers of the board or to further the public purposes for which the district is created, including, but not limited to, contracts for construction of projects, leases of projects, contracts for sale of projects, agreements for loans to finance projects, contracts with respect to the use of projects, and agreements with other jurisdictions or community improvement districts regarding multijurisdictional projects or services or for other cooperative endeavors to further the public purposes of the district; (4) Acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character, or any interest therein, in furtherance of the public purposes of the district; (5) Finance (by loan, private grant, lease, or otherwise), construct, erect, assemble, purchase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend, improve, install, sell, equip, expand, add to, operate, or manage projects and to pay the cost of any project from the proceeds of the district or any other funds of the district, or from any contributions or loans by persons, corporations, partnerships (whether limited or general), or other entities, all of which the board is authorized to receive, accept, and use; (6) Borrow money to further or carry out its public purposes and to execute bonds, notes, other obligations, leases, trust indentures, trust agreements, agreements for the sale of its notes, or other obligations, loan agreements, security agreements, assignments, and such other agreements or instruments as may be necessary or desirable, in the judgment of the board, to evidence and to provide security for such borrowing; (7) Issue notes, or other obligations of the district and use the proceeds thereof for the purpose of paying all or any part of the cost of any project and otherwise to further or carry out the public purposes of the district and to pay all reasonably incurred costs of the board incidental to, or necessary and appropriate to, furthering or carrying out such purposes; provided, however, that the Board and the district may not issue bonds validated under or

GEORGIA LAWS 2007 SESSION

3961

in accordance with Article 3 of Chapter 82 of Title 36 of the O.C.G .A., known as the "Revenue Bond Law," or in accordance with such other successor provisions governing bond validation generally or as may be provided by law; (8) Make application directly or indirectly to any private source for loans, grants, guarantees, or other financial assistance in furtherance ofthe district's public purposes and to accept and use the same upon such terms and conditions as are prescribed by such private source; provided, however, that the district and the board shall not have the power to apply for, receive, administer, or utilize grants from federal, state, county, or municipal governments or agencies or any other public sources; (9) Enter into agreements with the federal government or any agency thereof to use the facilities or services of the federal government or any agency thereof in order to further or carry out the public purposes of the district; (10) Contract for any period, not exceeding 50 years, with the State of Georgia, state institutions, or any municipal corporation, county, or political subdivision of this state for the use by the district of any facilities or services of the state or any such state institution, municipal corporation, county, or political subdivision of this state, or for the use by any state institution or any municipal corporation, county, or political subdivision of the state of any facilities or services of the district, provided that such contracts shall deal with such activities and transactions as the district and any such political subdivision with which the district contracts are authorized by law to undertake; (11) Grant, mortgage, convey, assign, or pledge its property, revenues or taxes, or fees or assessments to be received as security for its notes, or other indebtedness and obligations; (12) Receive and use the proceeds of any tax levied by any county or any municipal corporation to pay the costs of any project or for any other purpose for which the board may use its own funds pursuant hereto; (13) Receive and administer gifts, private grants, and devises of money and property of any kind and to administer trusts; (14) Use any real property, personal property, or fixtures or any interest therein or to rent or lease such property to or from others or make contracts with respect to the use thereof or to sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant options for any such property in any manner as it deems to be the best advantage of the district and the public purposes thereof; ( 15) Appoint, select, and employ engineers, surveyors, architects, urban or city planners, fiscal agents, attorneys, and others and to fix their compensation and pay their expenses; (16) Encourage and promote the improvement and development of the district and to make, contract for, or otherwise cause to be made long range plans or proposals for the district in cooperation with the City of Canton and any municipal corporations in which the district is wholly or partially located; (17) Invest its funds, whether derived from the issuance of its bonds or otherwise, in such manner as it may deem prudent and appropriate, without further restriction;

3962

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(18) 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; (19) Exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purposes of the district; and (20) Do all things necessary or convenient to carry out the powers conferred hereby. (b) The powers enumerated in subsection (a) of this section are cumulative of and in addition to those powers enumerated herein and elsewhere in this Act, and no such power limits or restricts any other power of the board except where expressly noted.

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

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

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

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

SECTION 13. Dissolution.

(a) A district activated under the provisions of this Act may be dissolved upon the occurrence of any of the following:
(I) The adoption of a resolution approving of the dissolution of the community improvement district by the City of Canton and such municipalities if partially within one or more municipalities; or (2) The written consent to the dissolution of the community improvement district by:
(A) A majority of the owners of real property within the district subject to taxes, fees, and assessments levied by the board of the district; or (B) The owners of real property constituting at least 75 percent by value of all real property within the district subject to taxes, fees, and assessments levied by the board. For this purpose, value shall be determined by the most recent approved county ad valorem tax digest.

GEORGIA LAWS 2007 SESSION

3963

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

SECTION 14. Repealer.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to provide for the creation of one or more community improvement districts in the City of Canton; to provide for a short title; to provide for the purposes of said district or districts; to provide for definitions; to provide for a board to administer said district or districts; to provide for the appointment and election of members of said board or boards; to provide for taxes, fees, and assessments; to provide establishment of boundaries of said district or districts; to provide for a tax cap; to specify conditions whereby the continued existence of the district or districts or the continued existence of any one or more of the powers granted to the district or districts may be terminated; to provide procedures for termination of the district or districts; to provide for the alternation of district boundaries and the practices, procedures and requirements related thereto; to provide for the debt ofsaid district or districts; to provide for cooperation with local governments; to provide for powers of said boards; to provide for notes and other obligations of said district or

3964

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Calvin Hill, who on oath deposes and says that he is the Representative from District 21 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Cherokee Tribune which is the official organ of Cherokee County on March 22, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

s/ CALVIN HILL Calvin Hill Representative, District 21

Sworn to and subscribed before me, this 27th day of March 2007.

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

Approved May 18,2007.

CITY OF ALAMO- NEW CHARTER.
No. 189 (House Bill No. 696).
AN ACT
To provide a new charter for the City ofAlamo; 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

GEORGIA LAWS 2007 SESSION

3965

governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a mayor and mayor pro tempore and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, and other personnel and matters relating thereto; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof and other matters relative to those judges; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; to provide for elections; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for auditing, accounting, budgeting, and appropriations; to provide for city contracts and purchasing; to provide for the conveyance of property and interests therein; to provide for bonds for officials; to provide for prior ordinances and rules, pending matters, and existing personnel; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

ARTICLE I INCORPORATION AND POWERS
SECTION 1.01. Name.

This city and the inhabitants thereof, are reincorporated by the enactment of this charter and are hereby constituted and declared a body politic and corporate under the name and style "City of Alamo, Georgia," and by that name shall have perpetual succession.

SECTION 1.02. 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 Alamo, Georgia." Photographic, typed, or other copies of such map or description certified by the City of Alamo shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description.

3966

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(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 1.03. 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 any ordinance enacted hereunder; (2) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purpose authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (3) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades; (4) Business regulation and taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method ofpayment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees or for violation of any lawful regulation; (5) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (6) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (7) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or without the city, and to make and carry out all

GEORGIA LAWS 2007 SESSION

3967

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; (1 0) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in the city or doing business therein and benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (II) General health and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to the health, sanitation, cleanliness, welfare, and safety ofthe 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 given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city, to provide for commitment of such persons to any jail, or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (15) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys and walkways of the city; ( 16) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies ofthe city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (17) Municipal debts. To appropriate and borrow money for the payment of debts and expenses of the city or for other lawful purposes and to issue bonds for the purpose of

3968

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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 the 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 for such utilities 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, including, but not limited to, a volunteer fire-fighting agency; (25) Public hazards: removal. To provide for the destruction and removal of any building or other structure which is unfit for human habitation or commercial, industrial, or business occupancy or use or which is or may become dangerous or detrimental to the public health, safety and welfare; (26) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; and to provide any other public improvements, inside or outside the corporate limits of the city; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (27) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances;

GEORGIA LAWS 2007 SESSION

3969

(28) Public transportation. To organize and operate such public transportation systems as

are deemed beneficial;

(29) Public utilities and services. To grant franchises or make contracts for, or impose

taxes, on public utilities and public service companies; and to prescribe the rates, fares,

regulations and standards and conditions of service applicable to the service to be provided

by the franchise grantee or contractor, insofar as not in conflict with regulations of the

Public Service Commission;

(30) Regulation of roadside areas. To prohibit or regulate and control the erection,

removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and

all other structures or obstructions upon or adjacent to the rights of way of streets and roads

or within view thereof, within or abutting the corporate limits of the city; and to prescribe

penalties and punishment for violation of such ordinances;

(31) Retirement. To provide and maintain a retirement plan for officers and employees

of the city;

(32) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade

of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise

improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and

walkways within the corporate limits of the city; to grant franchises and rights of way

throughout the streets and roads, and over bridges and viaducts for the use of public

utilities; and to require real estate owners to repair and maintain in a safe condition the

sidewalks adjoining their lots or lands to curb or street, 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 sewage system and to levy on real estate owners 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 levy a fee, charge, or tax for such services; to regulate the collection and

disposal of garbage, rubbish, and refuse by others; and to provide for the separate

collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to

provide for the sale of such items;

(35) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops,

the manufacture, sale, or transportation of intoxicating liquors, and the use 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,

3970

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

by taxation or otherwise; and to license, tax, regulate or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (37) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (38) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; (39) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (40) Urban redevelopment. To organize and operate an urban redevelopment program; and (41) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; 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 construction or applicable laws of the State of Georgia.

SECTION 1.04. 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 in this charter. If this charter makes no provisions, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.

ARTICLE II GOVERNMENTAL STRUCTURE
SECTION 2.01. 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 six

GEORGIA LAWS 2007 SESSION

3971

councilmembers. The city council established shall in all respects be a successor to and continuation of the governing authority under prior law. The mayor and councilmembers shall be elected in the manner provided by general law and this charter.

SECTION 2.02. Mayor or city council terms and qualifications for office.

The mayor and 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 election of the mayor or member of the council and be registered and qualified to vote in municipal elections of this city; each shall continue to reside therein during that person's period of service and be registered and qualified to vote in municipal elections of this city.

SECTION 2.03. Vacancy; filling of vacancies.

(a) Vacancies - The office of mayor or councilmember shall become vacant upon the occurrence of any event specified by the Constitution of the State of Georgia, Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted. (b) Failure to perform duties or disqualification for office- Should the mayor or any member of council fail or refuse to perform the duties of his or her office for a period of three consecutive months or should any officer-elect refuse to qualify, the office may be, in the discretion of the remaining members of the council, declared vacant, and the vacancy filled as provided in subsection (c) of this section. Failure to perform the duties of an office shall include, but not be limited to, the failure to attend council meetings, both regular and special, for three months in succession. (c) Filling of vacancies- A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, by appointment by the council if less than 12 months remain in the unexpired term, otherwise by an election, as provided for in Section 5.05 of this charter and in accordance with Titles 21 and 45 of the O.C.G.A. or other such laws as are or may hereafter be enacted.

SECTION 2.04. Compensation and expenses.

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

3972

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 2.05. Holding other office; voting when financially interested.

(a) Elected and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. (b) Except as authorized by law, the mayor or any councilmember shall not hold any other city office or city employment during the term for which that person was elected. (c) Neither the mayor nor any member of the city council shall vote upon, sign, preside during discussions of, or veto any ordinance, resolution, contract, or other matter in which that person is financially interested. "Financially interested" shall mean that the interested person will directly or indirectly receive a personal financial benefit, accruing to such person individually or to any corporation, company, or entity in which the person has an interest as sole owner, partner, shareholder, or other ownership interest or in which the person is an officer or director and which does not provide a similar financial benefit to the general population of the city or to a substantial segment of the general population. An ownership interest as partner, shareholder, or other similar interest shall not disqualify the interested person unless it exceeds I percent of the total ownership of the partnership, corporation, company, or other entity. (d) Neither the mayor nor any member of the city council shall vote upon, sign, preside during discussions of, or veto any ordinance, resolution, contract, or other matter in which that person's family member is financially interested or which directly involves that person's family member in connection with any zoning, condemnation, license, permit, fines, penalties, claims, petitions, appeals, or other matters in which the family member is subject to some action by the city or is seeking some private remedy from the city which does not directly involve the general population of the city or a substantial segment of the general population. The mayor or councilmember whose family member is interested in any action as provided in this section shall disclose the nature and extent of any such relationship and interest to the city council and refrain from voting on such action, engaging in council discussions thereof, presiding during discussions thereof, or otherwise seeking to influence the outcome of such action. "Family member" shall mean the spouse, parent, brother, sister, child, grandparent, grandchild, uncle, aunt, nephew, niece, first cousin, or second cousin, whether by blood or by marriage.

SECTION 2.06. Inquires 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

GEORGIA LAWS 2007 SESSION

3973

issued in the exercise of these powers by the city council shall be punished as provided by ordinance.

SECTION 2.07. 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 2.08. Eminent domain.

The city council is empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal, and medical institutions and agencies and cable systems, 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 2.09. Organizational meetings.

The city council shall hold an organizational meeting at the first regular meeting following each municipal general election. The meeting shall be called to order by the city clerk and the oath of office shall be administered to the newly elected members as follows:
"I do solemnly (swear)(affirm) that I will faithfully perform the duties of (mayor) (councilmember) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and the United States of America."

SECTION 2.10. Regular and special meetings.

(a) The city council shall hold regular meetings at such times and places as shall be prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or two members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be

3974

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

waived by a councilmember in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be made fully as is reasonably possible as provided by Chapter 14 of Title 50 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted.

SECTION 2.11. Rules of procedure.

(a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal or minutes 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 2.12. Quorum; voting.

The mayor or the mayor pro tempore and four 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 or minutes, but the presiding officer or 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 or minutes. Except as otherwise provided in this charter, so long as a quorum is present, the affirmative vote of a majority of those councilmembers present and voting shall be required for the adoption ofany ordinance, resolution, or motion. An abstention shall not be counted as a vote, either for or against adoption. The mayor shall have the right to vote so as to decide the question in the event of a tie vote but not otherwise. The mayor pro tempore, while acting as such in the mayor's absence, shall have the right to vote either to make or break a tie vote.

SECTION 2.13. Ordinance form; procedures.

(a) Every proposed ordinance shall be introduced in writing. 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 Alamo" and every ordinance shall so begin.

GEORGIA LAWS 2007 SESSION

3975

(b) An ordinance may be introduced by the mayor or any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided in Section 2.15 of this charter. Upon introduction of any ordinance, the clerk shall within five working days 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 2.14. Action requiring an ordinance.

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

SECTION 2.15. Emergencies.

(a) To meet a public emergency affecting life, health, property or public peace, the city council may convene on call of the mayor or two councilmembers and promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists, and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of a majority of those councilmembers present and voting shall be required for adoption as provided in Section 2.12 of this charter. The mayor and mayor pro tempore shall have the right to vote as provided in Section 2.12 of this charter. The emergency ordinance 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 reasonably possible in accordance with Chapter 14 of Title 50 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted.

3976

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2.16. Codes of technical regulations.

(a) The city council may adopt any standard code of technical regulations by reference thereof 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 2.13 of this charter for distribution and filing of copies of the ordinance shall be construed to include the adopting ordinance but shall only require that the code of technical regulations be made available for review in the office of the city clerk; 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 2.17 of this charter. (b) Any adopted code of technical regulations shall be made available by the clerk for inspection by the public.

SECTION 2.17. Signing; authenticating; recording; codification; printing.

(a) The clerk shall authenticate by the clerk's signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the council. (b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. The compilation shall be known and cited officially as "The Code of the City of Alamo, 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 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 printed for incorporation therein. The city council shall make such further arrangements as deemed desirable with respect to reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.

GEORGIA LAWS 2007 SESSION
SECTION 2.18. Election of mayor; forfeiture; compensation.

3977

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

SECTION 2.19. 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 Jaws of the State of Georgia and the executive and administrative powers contained in this charter.

SECTION 2.20. Powers and duties of mayor.

As the chief executive of this city, the mayor shall: ( 1) See that all laws and ordinances of the city are faithfully executed; (2) Appoint and remove all officers, department heads, and employees of the city, except as otherwise provided in this charter; (3) Exercise supervision over all executive and administrative work ofthe city and provide for the coordination of administrative activities; (4) Prepare and submit to the city council a recommended operating budget and capital budget; (5) Submit to the city council at least once a year a statement covering the financial conditions of the city and, from time to time, such other information as the city council may request; (6) Recommend to the city council such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as the mayor may deem expedient; (7) Call special meetings of the city council as provided for in subsection (b) of Section 2.10 of this charter; (8) Approve or disapprove ordinances as provided in Section 2.21 of this charter; (9) Provide for an annual audit of all accounts of the city; (10) Require any department or agency of the city to submit written reports whenever the mayor deems it expedient; and (11) Perform such other duties as may be required by law, this charter, or by ordinance.

3978

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 2.21. Submission of ordinances to the mayor; veto power.

(a) Every ordinance adopted by the city council shall be presented promptly by the clerk to the mayor. This section shall not apply to emergency ordinances adopted pursuant to Section 2.15 of this charter. (b) The mayor, within ten calendar days ofreceipt of an ordinance, shall return it to the 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 clerk; if the ordinance is neither approved nor disapproved, it shall become a law at 12:00 Noon on the tenth calendar day after its adoption; if the ordinance is disapproved, the mayor shall submit to the city council through the clerk a written statement of reasons for the veto. The 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 clerk to the city council at its next meeting. If the city council then or at its next meeting adopts the ordinance by the affirmative vote of a majority of those councilmembers present and voting, it shall become law. (d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the city council over the mayor's veto as provided in this section. The reduced part or parts shall be presented to city council as though disapproved and shall not become law unless overridden by the council as provided in subsection (c) of this section.

SECTION 2.22. Mayor pro tempore; selection; duties.

By a majority vote, the city council shall elect a councilmember to serve as mayor pro tempore each year. The mayor pro tempore shall preside at all meetings of the city council and shall assume the duties and powers of the mayor upon the mayor's physical or mental disability, disqualification, or absence. The city council 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 2007 SESSION
ARTICLE III ADMINISTRATIVE AFFAIRS
SECTION 3.01. Administrative and service departments.

3979

(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 this city shall be appointed solely on the basis of their respective administration and professional qualifications. (c) All appointed officers, directors of departments, and employees shall receive such compensation as prescribed by ordinance. (d) There may be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor, be responsible for the administration and direction of the affairs and operations of that director's department or agency. (e) All appointed officers, directors, and employees under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the city council. All appointed officers, directors, and employees shall be employees at will and subject to removal or suspension at any time by the mayor unless otherwise provided by law or ordinance. The city council may adopt such personnel policies and procedures as it deems appropriate for the employment, retention, promotion, demotion, discipline, suspension, and termination of officers, department heads, and employees and the filing of grievances and appeals by such personnel.

SECTION 3.02. 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 in such a 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.

3980

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(e) Any vacancy on a board, commission, or authority 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 ofthe city an oath obligating himselfor herselfto faithfully and impartially perform the duties of that member's office, such oath to be prescribed by ordinance and administered by the mayor. (g) All board members serve at will and may be removed at any time by a majority vote of the city council as provided in Section 2.12 of this charter, 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 3.03. City attorney.

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

SECTION 3.04. City clerk.

The city council shall hire 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 council.

GEORGIA LAWS 2007 SESSION
SECTION 3.05. Employees at will.

3981

All employees serve at will and may be removed from office at any time unless otherwise provided by ordinance.

SECTION 3.06. City administrator.

(a) The city council, in its sole discretion, may name a city administrator to administer the day-to-day operations of the city, subject to direction from the mayor. The administrator shall be selected on the basis of his or her executive and administrative qualifications and need not be a resident of the City of Alamo when appointed but after such selection and during his or her tenure of office shall reside within the city. The mayor and city councilmembers of the City of Alamo shall be ineligible to serve as city administrator during their respective terms of office. (b) The appointment shall be for an indefinite term, and the administrator may be removed at any time by a majority vote of the city council. (c) The city administrator may also be the clerk, treasurer, and recorder, or any one or more of said officers as may be authorized by city council. (d) Before any city administrator shall be qualified, he or she shall give a surety bond payable to the city in such amount as city council shall deem appropriate to secure and indemnify the city by reason of his or her default, misfeasance, or nonfeasance in the performance of his or her duties and shall be required to take the same oath as provided for councilmembers. (e) The city council shall by ordinance set out and stipulate the duties and responsibilities of the city administrator, and, when appointed and qualified, said city administrator shall have all such rights, powers, and responsibilities as stipulated in such ordinance; but at all times the city administrator shall be subordinate to the mayor and city council with no rights and powers except such as are delegated by the city council. Nothing in said ordinance or in this section shall diminish the rights, authority, or powers of the mayor as chief executive officer of the city.

ARTICLE IV JUDICIAL BRANCH
SECTION 4.01. Creation; name.

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

3982

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 4.02. Chief judge; associate judge.

(a) The municipal court shall be presided over by a chiefjudge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless that person shall have attained the age of 21 years, shall be a member of the State Bar of Georgia, and shall possess all qualifications required by law. All judges shall be appointed by the city council and shall serve until a successor is appointed and qualified. (c) Compensation of the judges shall be fixed by ordinance. (d) Judges serve at will and may be removed from office at any time by the city council unless otherwise provided by ordinance. (e) Before assuming office, each judge shall take an oath, given by the mayor, that the judge will honestly and faithfully discharge the duties of the office to the best of that person's ability and without fear, favor or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.11 of this charter.

SECTION 4.03. Convening.

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

SECTION 4.04. 11 Jurisdiction; powers.

(a) The municipal court shall have the power to enforce ordinances of the city and, to the extent permitted by the Constitution and the general laws of the State of Georgia, to enforce the laws of this state; to try and punish violations of this charter, all city ordinances, and such other violations as provided by law; and to hear and determine all other matters committed to such court by ordinance or by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed a fine of $200.00 or ten days in jail, or both such fine and incarceration, for each separate offense. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for more than one year, 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 offees to defray the cost of operation of such court and to reimburse the city for the cost of prisoners meals, transportation, medical costs, confinement, and other expenses of taking care of prisoners, including but not limited to, those bound over to superior courts for violations of state law.

GEORGIA LAWS 2007 SESSION

3983

(e) The municipal court shall have authority to establish bail and recognizance to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for that person's appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited in the following manner:
(I) Any person charged with a violation of an ordinance or other offense against the municipality who gives a cash bond for his or her personal appearance in court at a designated time and place and who fails to appear at said time and place shall forfeit the cash bond upon the call of the case for trial. It shall not be necessary for the municipality to take any further action to forfeit the cash bond. Forfeiture of a cash bond shall not be a bar to a subsequent prosecution of the accused for the violation; and (2) In all other cases, whenever any person shall give bail for that person's appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at such time, and an execution issued thereon in accordance with the procedures set forth in Article 3 of Chapter 6 of Title 17 of the O.C.G.A., as now or hereafter amended. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served and executed by any officer as authorized by this charter or by law. (h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and the 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 4.05. 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 Wheeler County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.

SECTION 4.06. Rules of court.

With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to ensure the efficient and successful

3984

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to municipal courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings.

ARTICLE V ELECTIONS AND REMOVAL
SECTION 5.01. Applicability of general law.

Voters shall be registered and all elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G .A., the "Georgia Election Code," as now or hereafter amended.

SECTION 5.02. Election of the mayor and city council

(a) On the Tuesday next following the first Monday in November, 2007, an election shall be held for the election of the mayor and those three councilmembers whose terms will expire at the end of 2007. At such election, the candidate for mayor receiving the highest number of votes shall be elected by plurality vote. At such election, the three candidates for council receiving the highest number of votes shall be elected by plurality vote. The mayor and councilmembers elected at such election shall serve terms of four years as provided in Section 2.02 of this charter. (b) On the Tuesday next following the first Monday in November, 2009, an election shall be held for the election of those three councilmembers whose terms will expire at the end of 2009. At such election, the three candidates for council receiving the highest number of votes shall be elected by plurality vote. The councilmembers elected at such election shall serve terms of four years as provided in Section 2.02 of this charter. (c) Thereafter, a municipal general election shall be held biennially in odd-numbered years on the Tuesday next following the first Monday in November of each such year for the purpose of electing candidates for mayor and councilmembers, or councilmembers only, whose terms will expire at the end of such year. (d) The term of office of each candidate so elected shall begin on January 1 next following the November election.

GEORGIA LAWS 2007 SESSION
SECTION 5.03. Nonpartisan elections.

3985

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

SECTION 5.04. Election by plurality.

The person receiving a plurality of the votes cast for any city office shall be elected.

SECTION 5.05. Special elections; vacancies.

In the event that the office of mayor or councilmember shall become vacant as provided in Section 2.03 of this charter, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within 12 months of the expiration of the term of that office, the city council or those remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 2 of Title 21 ofthe O.C.G.A., the "Georgia Election Code," as now or hereafter amended.

SECTION 5.06. Other provisions.

Except as otherwise provided in this charter, the city council shall, by ordinance, prescribe such rules and regulations as it deems appropriate to fulfill any duties and any discretionary or optional provisions under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."

SECTION 5.07. Removal of officers.

(a) The mayor and councilmembers shall be removed from office for any one or more of the causes provided in Title 45 of the O.C.G.A., this charter, 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:
(I) Following a hearing at which an impartial panel, selected by the mayor and the council, 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

3986

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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 of selecting the impartial panel and the manner in which such hearings shall be held. Any elected officer sought to be removed from office as provided in this section shall have the right of appeal from the decision of the city council to the Superior Court of Wheeler County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By writ of quo warranto, recall petition, or such other means as may be prescribed by general law.

ARTICLE VI FINANCE
SECTION 6.01. 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 at its discretion.

SECTION 6.02. 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 time period within which these taxes must be paid. The city council, by ordinance, may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due.

SECTION 6.03. 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 6.09 of this charter.

GEORGIA LAWS 2007 SESSION
SECTION 6.04. Regulatory fees; permits.

3987

The city council by ordinance shall have the power to require businesses or practitioners doing business within this city to obtain a permit for such activity from the city and pay a reasonable regulatory fee for such permit as provided in general law or otherwise fixed by council. Such fees shall reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.09 of this charter.

SECTION 6.05. 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 may provide for the registration of all franchises with the city clerk in a registration book kept by the clerk. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. (b) If no franchise agreement is in effect, the city council has the authority to impose a tax on gross receipts for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations.

SECTION 6.06. 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, garbage and refuse collection, 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 6.09 of this charter.

3988

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 6.07. 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. lfunpaid, such charges shall be collected as provided in Section 6.09 of this charter.

SECTION 6.08. 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 6.09. 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 6.01 through 6.08 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi.fa. 's; creation and priority 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 6.10. General obligation bonds.

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

SECTION 6.11. Revenue bonds.

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

GEORGIA LAWS 2007 SESSION
SECTION 6.12. Short-term loans.

3989

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 6.13. Lease-purchase contracts.

The city may enter into multiyear lease, purchase, or lease-purchase contracts for the acquisitions 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 requirements of Code Section 36-60-13 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted.

SECTION 6.14. Fiscal year.

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

SECTION 6.15. Preparation of budgets.

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

SECTION 6.16. Submission of operating budget to city council.

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

3990

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

deems appropriate. The operating budget and the capital budget provided for in Section 6.19 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 6.17. Action by city council on budget.

(a) The city council may amend the operating budget proposed by the mayor; except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions ofthis 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 last day of the current fiscal year. If the city council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing 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 6.15 of this charter. (c) 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 6.18. 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.

SECTION 6.19. Capital budget.

(a) On or before the date fixed by the city council but no later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed capital improvements plan with a recommended capital budget containing the means of financing

GEORGIA LAWS 2007 SESSION

3991

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 plan and proposed budget. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement unless the appropriations for such project are included in the capital budget, except to meet a public emergency as provided in Section 2.15 of this charter. (b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than the last day of the current 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, 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 6.20. Independent audit.

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

SECTION 6.21. 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 to and reviewed by the city attorney and, as a matter of course, is signed by the city attorney to indicate such drafting or review; (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 2.12 of this charter; and (4) It is signed by the mayor or the mayor pro tempore.

SECTION 6.22. 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

3992

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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

ARTICLE VII GENERAL PROVISIONS
SECTION 7.01. Bonds for officials.

The officers and employees of the city, both elected and appointed, shall execute such surety and 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 7.02. Existing ordinances, resolutions, rules, and regulations.

Existing ordinances, resolutions, rules, and regulations of this city not in conflict with this charter shall continue in force, unless repealed or amended, for two years from the effective date of this charter. During such two-year period, the city council shall review all such provisions and shall readopt, repeal, or amend each, so that a codification as provided by subsection (b) of Section 2.17 of this charter is accomplished.

SECTION 7.03. Existing personnel and officers.

Except as specifically provided otherwise by this charter, all personnel and officers of the city and their rights, privileges, and powers shall continue beyond the time this charter takes effect for a period of 90 days before or during which the existing city council shall pass a transition ordinance detailing the changes in personnel and appointed officers required or

GEORGIA LAWS 2007 SESSION

3993

desired and arranging such titles, rights, privileges, and powers as may be necessary or desired to allow a reasonable transition.

SECTION 7.04. 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 7.05. Construction.

(a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word "shall" is mandatory and the word "may" is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa.

SECTION 7.06. Severability.

Ifany 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 independent of each other.

SECTION 7.07. Specific repealer.

An Act incorporating the Town of Alamo in the County of Wheeler, approved August 17, 1909 (Ga. L. 1909, p. 498), is hereby repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety.

SECTION 7.08. Effective date.

This charter shall become effective on July I, 2007.

3994

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 7.09. 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 2007 session of the General Assembly of Georgia a bill to provide a new charter for the City of Alamo in Wheeler County; and for other purposes.
This 26 day of February, 2007.
Representative Jay Roberts !54th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jay Roberts, who on oath deposes and says that he is the Representative from District !54 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Wheeler County Eagle which is the official organ of Wheeler County on February 28, 2007, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JAY ROBERTS Jay Roberts Representative, District !54
Sworn to and subscribed before me, this 7th day of March 2007.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 18, 2007.

GEORGIA LAWS 2007 SESSION TOWN OF MAYSVILLE- NEW CHARTER; REFERENDUM.

3995

No. 190 (House Bill No. 588).

AN ACT

Revising, consolidating, and amending the several Acts incorporating the Town ofMaysville, approved August 17, 1909 (Ga. L. 1909, p. 111 0), as amended, so as to extensively revise said charter; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a mayor and mayor 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 provide for submission to the United States Department of Justice; to provide for severability; to repeal a specific Act; 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: ARTICLE I
INCORPORATION AND POWERS SECTION 1.10. Name.

This city and the inhabitants thereof are reincorporated by the enactment of this charter and are hereby constituted and declared a body politic and corporate under the name and style Maysville, Georgia, and by that name shall have perpetual succession.

3996

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 city hall and to be designated, as the case may be: "Official Map (or Description) of the corporate limits of the City of Maysville, Georgia." Photographic, typed, or other copies of such map or description certified by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.

SECTION 1.12. Powers and construction.

(a) This city shall have all powers possible for a city to have under the present or future constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. These powers shall include, but not be limited to, the following:
(I) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this charter; (2) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (3) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; and to regulate all housing and building trades; (4) Business regulation and taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method ofpayment

GEORGIA LAWS 2007 SESSION

3997

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 ofthe 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; (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;

3998

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(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 ofpower. 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 aesthetically pleasing community; (24) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a fire-fighting agency; (25) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (26) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, and charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; and to provide any other public improvements, inside or outside the corporate limits of the city; to regulate the use of public improvements; and,

GEORGIA LAWS 2007 SESSION

3999

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 such public transportation systems as are deemed beneficial; (29) Public utilities and services. To grant franchises or make contracts for or impose taxes on public utilities and public service companies and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Georgia Public Service Commission; (30) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance ofsigns, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights ofway 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; 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 of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; (35) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use 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

4000

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (37) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (38) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; (39) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (40) Urban redevelopment. To organize and operate an urban redevelopment program; and (41) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the 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 2007 SESSION
ARTICLE II GOVERNMENT STRUCTURE
SECTION 2.10. City council creation; number; election.

4001

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 ofthe city governing authority under prior law. The mayor and councilmembers shall be elected in the manner provided by general law and this charter.

SECTION 2.11. City councilmembers; terms and qualifications for office.

(a) The members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. The term of office of each member of the city council shall begin on the first day ofJanuary immediately following the election of such member unless general law authorizes or requires the term to begin at the first organizational meeting in January or upon some other date. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the city for 12 months prior to the date of the election of mayor or members of the city council; each shall continue to reside therein during that persons period of service and to be registered and qualified to vote in municipal elections of this city. (b) The mayor and councilmembers shall be elected by plurality vote as provided in Section 5.13 of this charter.

SECTION 2.12. Vacancy; filling of vacancies.

(a) Vacancies - The office of mayor or councilmember shall become vacant upon the occurrence of any event specified by the Constitution of the State of Georgia, Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted. (b) Filling of vacancies- A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, by appointment ifless than 12 months remain in the unexpired term, otherwise by an election as provided for in Section 5.14 of this charter and in accordance with Titles 21 and 45 of the O.C.G.A. or such other laws as are or may hereafter be enacted.

4002

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 2.13. Compensation and expenses.

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

SECTION 2.14. Conflicts of interest; holding other offices.

(a) Elected and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. (b) Conflict of interest- No elected official, appointed officer, or employee ofthe city or any agency or political entity to which this charter applies shall knowingly:
(I) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of that persons official duties or which would tend to impair the independence of the person's judgment or action in the performance of those official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of that person's official duties or would tend to impair the independence ofthat person s judgment or action in the performance of those official duties; (3) Disclose confidential information, including information obtained at meetings which are closed pursuant to Chapter 14 of Title 50 of the O.C.G.A., concerning the property, government, or affairs of the governmental body by which the person is engaged without proper legal authorization or use such information to advance the financial or other private interest of the 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 the person's knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which the 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

GEORGIA LAWS 2007 SESSION

4003

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 official was elected. No former mayor and no former councilmember shall hold any compensated appointive office in the city until one year after the expiration of the term for which that official was elected. (g) Political activities of certain officers and employees - No appointed officer of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. No employee of the city shall continue in such employment upon election to any public office in this city or any other public office which is inconsistent, incompatible, or in conflict with the duties of the city employee. Such determination shall be made by the mayor and city council either immediately upon election or at any time such conflict may arise. (h) Penalties for violation -
(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 an office or position as described in paragraph (1) of this subsection shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter.

SECTION 2.15. Inquiries and investigations.

Following the adoption of an authorizing resolution, the city council may make inquiries and investigations into the affairs ofthe city and the conduct ofany 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

4004

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

issued in the exercise of these powers by the city council shall be punished as provided by ordinance.

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

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

SECTION 2.17. Organizational meetings.

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

SECTION 2.18. 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. Notice of such special meeting shall be served on all councilmembers personally, or by telephone personally, at least 48 hours in advance ofthe 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.

GEORGIA LAWS 2007 SESSION
SECTION 2.19. Rules of procedure.

4005

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

SECTION 2.20. Quorum; voting.

Three councilmembers shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three councilmembers shall be required for the adoption of any ordinance, resolution, or motion. An abstention shall be counted as an affirmative vote. The mayor shall have the power to vote only to break a tie.

SECTION 2.21. Ordinance form; procedures.

(a) Every proposed ordinance should be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "It is hereby ordained by the governing authority of the City of Maysville ... " and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided in Section 2.23 of this charter. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate.

SECTION 2.22. Action requiring an ordinance.

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

4006

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 2.23. Emergencies.

(a} To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor and two councilmembers and promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least three councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. (b) Such meetings shall be open to the public to the extent required by law and notice to the public of emergency meetings shall be made as fully as is reasonably possible in accordance with Code Section 50-14-1 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted.

SECTION 2.24. Codes of technical regulations.

(a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of subsection (b) of Section 2.21 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.25 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for inspection by the public.

GEORGIA LAWS 2007 SESSION
SECTION 2.25. Signing; authenticating; recording; codification; printing.

4007

(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 ofthe City ofMaysville, Georgia." Copies ofthe 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 shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.

SECTION 2.26. Mayor pro tempore.

The mayor shall appoint a councilmember to serve as mayor pro tempore. The mayor pro tempore shall assume the duties and powers of the mayor during the mayor's physical or mental disability or absence. Any such disability or absence shall be declared by a majority vote of the city council. The mayor pro tempore shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest as provided in Section 2.14 of this charter.

SECTION 2.27. Powers and duties of mayor.

The mayor shall: (1) Preside at all meetings of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes and be the official spokesperson for the city and the chief advocate of policy;

4008

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(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) Vote on matters before the city council in the case of a tie and be counted toward a quorum as any other councilmember; (6) Prepare and submit to the city council a recommended annual operating budget and recommended capital budget; and (7) Fulfill such other executive and administrative duties as the city council shall by ordinance establish.

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 mayor, be responsible for the administration and direction of the affairs and operations of that director's department or agency. (e) All appointed officers and directors under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the city council. All appointed officers and directors shall be employees at will and subject to removal or suspension at any time by the mayor unless otherwise provided by law or ordinance.

SECTION 3.11. Boards, commissions, and authorities.

(a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof.

GEORGIA LAWS 2007 SESSION

4009

(b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The city council by ordinance may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed in this charter for original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until that person has executed and filed with the clerk of the city an oath obligating himself or herself to faithfully and impartially perform the duties of that member's office, such oath to be prescribed by ordinance and administered by the mayor. (g) All board members serve at will and may be removed at any time by a vote of three members of the city council unless otherwise provided by law. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairperson and one member as vice chairperson and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city.

SECTION 3.12. City attorney.

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

4010

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 3.13. City clerk.

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

SECTION 3.14. 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.

All employees serve at will and may be removed from office at any time unless otherwise provided by ordinance.

ARTICLE IV JUDICIAL BRANCH
SECTION 4.10. Creation; name.

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

SECTION 4.11. Chief judge; associate judge.

(a) The municipal court shall be presided over by a chiefjudge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless that person shall have attained the age of 21 years, shall be a member of the State Bar of Georgia, and shall possess all qualifications required by law. All judges shall be appointed by the city council and shall serve until a successor is appointed and qualified. (c) Compensation of the judges shall be fixed by ordinance.

GEORGIA LAWS 2007 SESSION

4011

(d) Judges serve at will and may be removed from office at any time by the city council unless otherwise provided by ordinance. (e) Before assuming office, each judge shall take an oath, given by the mayor, that the judge will honestly and faithfully discharge the duties of the office to the best of that persons ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.19 of this charter.

SECTION 4.12. Convening.

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

SECTION 4.13. Jurisdiction; powers.

(a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $1 ,000.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for ten 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 said court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for that person's appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at such time and an execution issued thereon by serving the defendant and the defendant's sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city, or the property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary.

4012

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(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 the county having jurisdiction 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 said proceedings.

ARTICLE V ELECTIONS AND REMOVAL
SECTION 5.10. Applicability of general law.

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

SECTION 5.11. Election of the city council and mayor.

(a) The mayor and councilmembers serving on the effective date of this charter shall continue to serve until December 31, 2007, and until their successors are duly elected and qualified.

GEORGIA LAWS 2007 SESSION

4013

(b) On the Tuesday next following the first Monday in November, 2007, the mayor and the councilmembers representing Posts 2 and 4 shall be elected to serve terms of four years and until their successors are duly elected and qualified. (c) On the Tuesday next following the first Monday in November, 2009, the councilmembers representing Posts 1 and 3 shall be elected to serve terms of two years and until their successors are duly elected and qualified. Thereafter, their successors shall be elected to serve terms of four years and until their successors are duly elected and qualified. (d) The mayor and councilmembers shall take office on the first day of January following their election and, except as otherwise provided in subsection (c) of this section, shall serve terms of four years and until their successors are duly elected and qualified.

SECTION 5.12. Nonpartisan elections.

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

SECTION 5.13. Election by plurality.

The person receiving a plurality of the votes cast for any city office shall be elected.

SECTION 5.14. Special elections; vacancies.

In the event that the office of mayor or councilmember shall become vacant as provided in Section 2.12 of this charter, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within 12 months of the expiration of the term of that office, the city council or those remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.

SECTION 5.15. Other provisions.

Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations as it deems appropriate to fulfill any options and duties under Chapter 2 of Title 21 of the O.C.G .A., the "Georgia Election Code."

4014

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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:
(I) Following a hearing at which an impartial panel shall render a decision. In the event an elected officer is sought to be removed by the action of the 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 the county having jurisdiction. 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 the county having jurisdiction following a hearing on a complaint seeking such removal brought by any resident of the City of Maysville.

ARTICLE VI FINANCE
SECTION 6.10. Property tax.

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

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

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

GEORGIA LAWS 2007 SESSION
SECTION 6.12. Occupation and business taxes.

4015

The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. The city council may classify businesses, occupations, or professions for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter.

SECTION 6.13. Regulatory fees; permits.

The city council by ordinance shall have the power to require businesses or practitioners doing business within this city to obtain a permit for such activity from the city and pay a reasonable regulatory fee for such permit as provided by general law. Such fees shall reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter.

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.

4016

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. If unpaid, such charges shall be collected as provided in Section 6.18 of this 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 of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking city permits for failure to pay any city taxes or fees; and providing for the assignment or transfer of tax executions.

SECTION 6.19. General obligation bonds.

The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the

GEORGIA LAWS 2007 SESSION

4017

state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken.

SECTION 6.20. Revenue bonds.

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

SECTION 6.21. Short-term loans.

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

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.

4018

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 6.25. Submission of operating budget to city council.

On or before a date fixed by the city council but not later than 45 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. 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 December 31 of each year. If the city council fails to adopt the budget by this 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 ofthe otherwise unencumbered balance ofthe 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

GEORGIA LAWS 2007 SESSION

4019

applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of this city.

SECTION 6.28. Changes in appropriations.

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

SECTION 6.29. Capital budget.

(a) On or before the date fixed by the city council, but not later than 45 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed capital improvements plan with a recommended capital budget containing the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have power to accept, with or without amendments, or reject the proposed plan and proposed budget. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement unless the appropriations for such project are included in the capital budget, except to meet a public emergency as provided in Section 2.23 of this charter. (b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than December 31 of each year. No appropriation provided for in a prior capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance.

SECTION 6.30. Independent audits.

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

4020

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 6.31. Contracting procedures.

No contract with the city shall be binding on the city unless: (I) 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 2.20 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 enjoyment of the highest and best use of the abutting owner's property. Included in the sales contract shall be a provision for the rights of way of said street, avenue, alley, or public place. Each abutting property owner shall be notified of the availability of the property and given the opportunity to purchase said property under such terms and conditions as set out by ordinance. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.

GEORGIA LAWS 2007 SESSION
ARTICLE VII GENERAL PROVISIONS
SECTION 7.10. Bonds for officials.

4021

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 unless the existing city council shall pass a transition ordinance detailing the changes in personnel and appointed officers required or desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition.

SECTION 7.13. Pending matters.

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

SECTION 7.14. Construction.

(a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word "shall" is mandatory and the word "may" is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa.

4022

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 7.15. Severability.

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

SECTION 7.16. Specific repealer.

An Act entitled "An Act to revise, consolidate, and amend the several Acts incorporating the Town of Maysville," approved August 17, 1909 (Ga. L. 1909, p. 111 0), and all amendatory Acts thereto, are repealed.

SECTION 7.17. Submission for approval.

The governing authority of the City of Maysville 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 7.18. Referendum; effectiveness.

Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Maysville 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 Maysville for approval or rejection. The municipal election superintendent shall conduct that election on the Tuesday next following the first Monday in November, 2007, 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 Jackson County. The ballot shall have written or printed thereon the words:

GEORGIA LAWS 2007 SESSION

4023

"( ) YES Shall the Act be approved which provides a new charter for the city of Maysville and which cuts short the terms of the mayor and councilmembers
( ) NO serving and provides for the election of a mayor and councilmembers?"
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, this Act shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, this Act shall not become effective and this Act shall be automatically repealed. The expense of such election shall be borne by the City of Maysville. It shall be the municipal election superintendent's duty to certify the result thereof to the Secretary of State.

SECTION 7.19. Effective date.

Except as otherwise provided in Section 7.18 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 7.20. General repealer.

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

Town of Maysville NOTICE TO INTRODUCE LOCAL LEGISLATION Please take notice of the intention to introduce local legislation in the 2007 session of the Georgia General Assembly which shall amend the Town Charter of the Town of Maysville, Georgia. Copies of the proposed New Charter are on file at the Town Hall of the Town of Maysville and are available for public inspection.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommy Benton, who on oath deposes and says that he is the Representative from District 31 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Jackson Herald which is the official organ of Jackson County on February 7, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

4024

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

s/ TOMMY BENTON Tommy Benton Representative, District 31

Sworn to and subscribed before me, this 26th day of February 2007.

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

NOTICE TO INTRODUCE LOCAL LEGISLATION Please take notice of the intention to introduce local legislation in the 2007 session of the Georgia General Assembly which shall amend the Town Charter of the Town of Maysville, Georgia. Copies of the proposed New Charter are on file at the Town Hall of the Town of Maysville and are available for public inspection.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommy Benton, who on oath deposes and says that he is the Representative from District 31 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 21, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

s/ TOMMY BENTON Tommy Benton Representative, District 31

Sworn to and subscribed before me, this 27th day of February 2007.

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

GEORGIA LAWS 2007 SESSION
My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 18, 2007.

4025

CITY OF UNION CITY- HOMESTEAD EXEMPTION; CITY TAXES; SENIOR CITIZENS AND DISABLED CITIZENS; REFERENDUM.
No. 191 (House Bill No. 618).
AN ACT
To provide for a homestead exemption from City of Union City ad valorem taxes for municipal purposes in the amount of $25,000.00 of the assessed value of the homestead for residents of that city 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 homestead exemption from City of Union City ad valorem taxes for municipal purposes in the amount of $2,000.00 of the assessed value of the homestead for residents of that city who are 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 referendums, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I. SECTION 1-1.
(a) As used in this Part, 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 Union City, except for 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 older 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 Union City who is a senior citizen is granted an exemption on that persons homestead from City ofUnion City ad valorem taxes for municipal purposes

4026

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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) 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 Union City, 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 Union City, 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 Union City, 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 Union City, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January I, 2008.

SECTION 1-2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Union City shall call and conduct an election as provided in this section for the purpose of submitting Section 1-1 of this Act to the electors of the City of Union City for approval or rejection. The municipal election superintendent shall conduct that election on the Tuesday following the first Monday in November, 2007, 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 Fulton County. The ballot shall have written or printed thereon the words:

GEORGIA LAWS 2007 SESSION

4027

"( YES ( ) NO

Shall Section 1-1 of the Act be approved which provides a homestead exemption from City of Union City ad valorem taxes for municipal purposes in the amount of $25,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or older?"

All persons desiring to vote for approval of Section 1-1 of this Act shall vote "Yes," and all persons desiring to vote for rejection of Section 1-1 of this Act shall vote "No." If more than one-half of the votes cast on such question are for approval of Section 1-1 of this Act, Section 1-1 of this Act shall become of full force and effect on January 1, 2008. If Section 1-1 of this Act is not so approved or if the election is not conducted as provided in this section, Section 1-1 of this Act shall not become effective and Section 1-1 of 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 Union City. It shall be the municipal election superintendent's duty to certify the result thereof to the Secretary of State.

PART II. SECTION 2-1. (a) As used in this Part, 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 Union City, except for 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. (b) Each resident of the City of Union City who is disabled is granted an exemption on that person's homestead from City of Union City ad valorem taxes for municipal purposes in the amount of $2,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (c)( 1) In order to qualify for the exemption provided for in subsection (b) of this section, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., as amended, certifying that in the opinion of such physician or physicians such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Such certificate or certificates shall constitute part of and be submitted with the application provided for in paragraph (2) of this subsection. (2) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of Union City, or the designee thereof, giving such additional information relative to receiving such exemption as will enable the governing authority of the City of Union City, or the designee thereof, to make a determination regarding the initial and

4028

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

continuing eligibility of such owner for such exemption. The governing authority of the City of Union City, 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 Union City, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January I, 2008.

SECTION 2-2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Union City shall call and conduct an election as provided in this section for the purpose of submitting Section 2-1 of this Act to the electors of the City of Union City for approval or rejection. The municipal election superintendent shall conduct that election on the Tuesday following the first Monday in November, 2007, 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 Fulton County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall Section 2-1 of the Act be approved which provides a homestead exemption from City of Union City ad valorem taxes for municipal purposes in the amount of$2,000.00 of the assessed value of the homestead for residents of that city who are disabled?"

All persons desiring to vote for approval of Section 2-1 of this Act shall vote "Yes," and all persons desiring to vote for rejection of Section 2-1 of this Act shall vote "No." If more than

one-half of the votes cast on such question are for approval of Section 2-1 of this Act, Section 2-1 of this Act shall become of full force and effect on January 1, 2008. If Section 2-1 of this Act is not so approved or if the election is not conducted as provided in this section, Section 2-1 of this Act shall not become effective and Section 2-1 of this Act

GEORGIA LAWS 2007 SESSION

4029

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

PART III. SECTION 3-1.

Except as otherwise provided in Sections 1-2 and 2-2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 3-2. All laws and parts of laws in conflict with this Act are repealed.

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the 2007 Regular Session of the General Assembly of Georgia a bill to provide for a homestead exemption from the City of Union City ad valorem taxes for municipal purposes for residents of that city who are 65 years of age or over and for residents of that city who are 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; to repeal conflicting laws; and for other purposes.

This 2nd day of February, 2007.

s/ Dennis A. Davenport Assistant City Attorney City of Union City

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Virgil Fludd, who on oath deposes and says that he is the Representative from District 66 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Daily Report which is the official organ of Fulton County on February 7, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

s/ VIRGIL FLUDD Virgil Fludd Representative, District 66

4030

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Sworn to and subscribed before me, this 15th day of February 2007.

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

Approved May 18, 2007.

JACKSON COUNTY- BOARD OF COMMISSIONERS; COMMISSIONER DISTRICTS.
No. 192 (House Bill No. 601).
AN ACT
To amend an Act entitled "An Act to create a board of county commissioners for the county of Jackson," approved December 18, 1901 (Ga. L. 1901, p. 257), as amended, particularly by an Act approved March 16, 1999 (Ga. L. 1999, p. 3570), so as to provide for new commissioner districts; to provide for currently serving commissioners; to provide for the submission of this Act for approval; 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 county commissioners for the county of Jackson," approved December 18, 1901 (Ga. L. 1901, p. 257), as amended, particularly by an Act approved March 16, 1999 (Ga. L. 1999, p. 3570), is amended by revising subsections (b) and (c) of Section 2 as follows:
u(b) For the purpose of electing members of the board of commissioners, Jackson County shall be divided into four commissioner districts. One member of the board shall be elected for each such district. Those districts shall consist of the described territory of Jackson County contained in the description attached to this Act and made a part hereof and further identified as: Plan Name: jackccp4 Plan Type: Local User: Staff Administrator: Jackson. (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

GEORGIA LAWS 2007 SESSION

4031

separate numeric designations in a Tract description which are underneath a 'BG' heading shall mean and describe individual Blocks within a Block Group as provided in the report of the Bureau of the Census for the United States decennial census of2000 for the State of Georgia. Any part of Jackson County which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of Jackson 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."

SECTION 2. It is the purpose of this Act to reapportion the districts from which members of the board of commissioners of Jackson County are to be elected in the November, 2008, general election and in subsequent general elections. It is not the intention of the General Assembly to affect the membership of current members of the board, their terms of office, or the manner in which their successors shall be elected, and such matters shall remain as provided by law on the effective date of this Act until otherwise amended by law, except to the extent of reapportioning the districts represented by such members.

SECTION 3. It shall be the duty of the attorney of the board of commissioners of Jackson County to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended.

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

Plan Name: jackccp4 Plan Type: Local User: staff Administrator: Jackson

Redistricting Plan Components Report

District 00 I Jackson County
Tract: 102 BG: I

4032

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

1063 1064 1065 1066 1067 1068 1076 1077 1078 1079 1080 1081 1082 1083 !084 1085 1086 !087 1088 1089 1090 1091 1092 1093 II 06 II 07 II 08 II 09 Ill 0 1116 Ill 7 1118 1119 1120 113 5 Tract: 106 BG: 2 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2055 2056 2057 2058 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2119 2120 BG: 3 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3038 3039 3040 3065 3066 Tract: 107 BG: I 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1057 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 109810991100110111021103110411051106110711081109 111011111112111311141115111611171118111911201121 112211231124112511261127112811291130113111321133 1134 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 1161 1162 1163 1164 1165 1166 1167 1168 1169 1170 117111721173117411751176117711781179118011811182 1183 1184 1185 1186 1187 1188 1189 1190 1191 1192 1193 1194 119511961197119811991200120112021203120412051206 1207 1208 1209 12101211 1212 1213 12141215 1216 1217 1218 1219 1220 1221 1222 1223 1224 1225 1226 1227 1228 1229 1230 1231 1232 1233 1234 1235 1236 1237 1238 1239 1240 1241 1242 1243 1244 1245 1246 1247 1248 1249 1250 1251 1252 1253 1254 1255 1256 1257 1258 1259 1260 1261 1262 1263 1264 1267 BG: 3 BG:4 4000 400 I 4002 4003 4004 4005 4006 4007 4008 4009 40 I 0 40 II 4012 4013 4014 4015 4016 4017 4018 4019 4020 40214022 4023

GEORGIA LAWS 2007 SESSION
4024 4025 4026 4027 4028 4034 4035 4036 4037 4038 4039 4041 4042 4043 4044 4045 4046 4047 4048
District 002 Jackson County
Tract: 102 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 10201021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1069 1070 1071 1072 1073 1074 1075 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 Tract: 103 Tract: 104
District 003 Jackson County
Tract: 101 Tract: 102 BG: 1 111111121113111411151121112211231124112511261127 1128112911301131 113211331134 Tract: 107 BG: 1 1056 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1135 1265 1266 BG: 4 402940304031403240334040
District 004 Jackson County
Tract: 105 Tract: 106 BG: 2 2000 2001 2002 2003 2052 2053 2054 2059 2060 2061 2062 2063 2064 2065 2066 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118

4033

4034

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

BG: 3 3000 3001 3002 3003 3004 3005 3006 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037304130423043 30443045304630473048304930503051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 Tract: 107 BG: 2

INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to amend an Act entitled "An Act to Create a Board of Commissioners for the County of Jackson," approved December 18, 1901, (Ga. L. 1901, P. 257), as amended; and for other purposes.
This 15th day of February, 2007.
Honorable Tommy Benton Representative, District 31
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommy Benton, who on oath deposes and says that he is the Representative from District 31 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Jackson Herald which is the official organ of Jackson County on February 21,2007, and that the notice requirements ofCode Section 28-1-14 have been met.
s/ TOMMY BENTON Tommy Benton Representative, District 31
Sworn to and subscribed before me, this 26th day of February 2007.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia

GEORGIA LAWS 2007 SESSION
My Commission Expires Nov. 18,2009 (SEAL)
Approved May 18,2007.

4035

CLINCH COUNTY- BOARD OF ELECTIONS AND REGISTRATION; CREATION.
No. 193 (House Bill No. 555).
AN ACT
To create a board of elections and registration for Clinch County and provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of its members; to provide for the qualification, terms, and removal of members and for filling vacancies; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of certain powers and duties and provide for the transfer of functions to the newly created board; to provide for certain expenditures of public funds; to provide for compensation of members of the board and personnel; to provide for officers and equipment; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for related matters; to provide for submission for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Pursuant to Code Section 21-2-40 of the O.C.G.A., there is created the Clinch County Board of Elections and Registration, herein referred to as "the board." The board shall have the powers, duties, and responsibilities of the judge of the probate court of Clinch County under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," and the powers, duties, and responsibilities of the board of registrars of Clinch County under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
SECTION 2. The terms "election," "elector," "political party," "primary," and "public office" shall have the same meanings as set forth in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," unless otherwise clearly apparent from the text of this Act, and the term

4036

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

"commissioners" means the board of commissioners of Clinch County, and "county" means Clinch County.

SECTION 3. (a) The board shall be composed of not less than three nor more than five members, each of whom shall be appointed as provided in this section.
(b)(I) One member of the board shall be appointed by the governing authority of Clinch County and shall serve as chairperson of the board during his or her term of office. The chairperson shall chair all meetings of the board and be the spokesperson for the board. (2) The remaining board members shall be appointed by the governing authority of Clinch County from a list of ten nominees submitted by the active political parties of Clinch County. The governing authority may choose to reject the list of nominees and, in such cases, such political party or parties shall submit a list of ten different nominees from whom the governing authority shall appoint the remaining board members. (3) Should there be no active political party or parties in Clinch County at the time designated to make such appointments, the Grand Jury shall submit a list of 20 nominees to the governing authority from which said appointments shall be made. (4) All appointments to the board shall be promptly certified by the governing authority of Clinch County to the clerk of the Superior Court of Clinch County and the election board shall take no official action until such certification is made. (c) In making the initial appointments to the board, the members shall be appointed by the governing authority of Clinch County not later than the thirtieth day of the month following the month in which this Act is approved by the Governor or becomes law without such approval. The governing authority shall designate two of the initial appointees to serve a term beginning on the first day of the second month following the month in which this Act becomes law and ending on December 31, 2008. Successors to such members shall thereafter be appointed to serve a term of office of four years beginning January I, 2009. The other appointees shall serve terms beginning on the first day of the second month following the month in which this Act becomes law and ending on December 31, 2010. Successors to such members shall thereafter be appointed to serve terms of office of four years beginning January I, 2011. Thereafter, all members shall be appointed to serve four-year terms of office and said appointments shall be certified in accordance with Section 5 of this Act. Notwithstanding anything in this Act to the contrary, each member appointed shall serve until his or her respective successor is duly appointed and qualified and takes office.

SECTION 4. (a) No person who holds elective public office or who holds office in a political party or body shall be eligible to serve as a member of the board during the term of such office, and the position of any member of the board shall be deemed vacant upon such member's

GEORGIA LAWS 2007 SESSION

4037

qualification as a candidate for elective public office or becoming an officer of a political party or body. (b) Members of the board must be residents of Clinch County and must have been registered voters in Clinch County for a period of at least one year prior to the date of their appointment to the election board and must be eligible to be reappointed to succeed such member.

SECTION 5. The governing authority of Clinch County shall certify the appointment of each member of the board by filing an affidavit with the clerk of the superior court no later than 15 days preceding the date upon which such members are to take office, stating the name and residential address of the person appointed and certifying such member has been duly appointed as provided in this Act. The clerk of the superior court shall record each of such certificates on the minutes of the superior court and shall certify the name of each such appointed member to the Secretary of State and provide for the issuance of appropriate commissions to the members within the same time and in the same manner as provided by law for registrars.

SECTION 6. Each member of the board shall have the right to resign at any time by giving written notice of such resignation to the governing authority of Clinch County and to the clerk of the superior court. Each member shall be subject to removal from the board by the governing authority of Clinch County at any time, for cause, after notice and hearing.

SECTION 7. In the event a vacancy occurs in the office of any member of the board before the expiration of a term, by reason of removal, death, resignation, or otherwise, except by expiration of term, the governing authority shall appoint a successor for the remainder of the unexpired term as provided for in Section 3 of this Act. The clerk of the superior court shall be notified of such interim appointments and record and certify such appointments in the same manner as the regular appointment of members.

SECTION 8. Before entering upon his or her duties, each member of the board shall take substantially the same oath as required by law for registrars. Each member of the board shall have the same exemptions from arrest as registrars.

SECTION 9. (a) The board shall be authorized and empowered to organize itself, determine its procedural rules and regulations, adopt bylaws, specify functions and duties of its employees, and otherwise take such actions as are appropriate to the management of its affairs; provided, however, than no such action shall conflict with state law.

4038

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(b) Action and decision by the board shall be by a majority of the members of the board. The first members of the board under this Act shall be appointed as provided in this Act to take office on July I, 2007. The board shall take no official action until all members have been certified to the clerk of the Superior Court of Clinch County. (c) The board shall fix and establish, by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. Any special called meeting shall be called by the chairperson or any two members of the board. The board shall maintain a written record of policy decisions amended to include additions or deletions. Such written records shall be made available to the public for review.

SECTION 10. The board shall have the authority to contract with any municipality or governmental authority located within Clinch County for the holding by the board of any primary or election to be conducted within such municipality or governmental authority and as such, shall have the authority to serve as municipal registrar. The board shall have the authority to enter into contracts with others for the performance of duties and functions which are not required to be personally performed by the board members.

SECTION 11. Any rule or regulation promulgated by a county executive committee of a political party under the provisions of subsection (c) of Code Section 21-2-111 of the O.C.G .A. with regard to the conduct of primaries shall be null and void if they are in conflict with a valid rule or regulation of the board.

SECTION 12. Nothing in this Act shall be construed to require or prohibit joint primaries or to require or prohibit the commissioners or any other public agency to bear any expense of conducting primaries not otherwise required by law.

SECTION 13. With the approval of the Clinch County Board of Commissioners, the board shall be authorized to expend public funds for the purpose of preparing and distributing material solely to inform and instruct electors of the county adequately with regard to elections. No material distributed by the board shall contain or express, in any manner or form, any commentary or expression of opinion or request for support with respect to any political issue or matter of political concern.

SECTION 14. (a) The board shall be authorized to appoint an election supervisor to generally supervise, direct, and control the administration of the affairs of the board pursuant to law and duly adopted resolutions of the board. The election supervisor shall not be a member of the board.

GEORGIA LAWS 2007 SESSION

4039

The election supervisor shall be considered an employee of Clinch County, may be a full-time or part-time employee and, when eligible, shall be entitled to the same benefits as other employees of Clinch County. Compensation of the election supervisor shall be as established by the Clinch County Board of Commissioners. (b) Upon approval by the governing authority of Clinch County, the board shall be authorized to appoint additional clerical assistants as needed to carry out the duties and functions of the board. At the option ofthe Clinch County Board of Commissioners, all such clerical assistants may be considered to be employees of Clinch County and, when eligible, shall be entitled to the same benefits as other employees of Clinch County. Such assistants may be part time or full time, at the option of the board of commissioners. Compensation of all employees shall be as established by the board of commissioners. The board of commissioners may, at its option, resolve that certain part-time workers shall not be employees ofClinch County but shall be persons with whom the election board shall contract with to perform the duties and functions needed by the board pursuant to law and duly adopted resolutions of the board. Compensation of any nonemployees shall be established by the Clinch County Board of Commissioners. (c) Consistent with Section 15 of this Act, in addition to receiving compensation for attendance at meetings of the board and expense reimbursement for expenses incurred while on the business of the board, members of the board shall be authorized to perform other duties relative to the operation of the board and may be compensated for the performance of such other duties as established by the board of commissioners.

SECTION 15. Compensation for the members ofthe board, election supervisor, clerical assistants, and other employees and contractual sums shall be fixed by the governing authority of Clinch County. Such compensation shall be paid wholly from county funds.

SECTION 16. The governing authority of Clinch County shall provide the board with such proper and suitable offices, equipment, materials, and supplies and, if necessary, with such clerical assistance and other employees as the governing authority of Clinch County deems appropriate. The Clinch County Board of Commissioners may contract with others to provide the same.

SECTION 17. Upon this Act becoming fully effective, the superintendent ofelections ofClinch County and the board of registrars of Clinch County shall deliver to the board all equipment, supplies, materials, books, papers, records, and facilities pertaining to such powers and duties and thereafter shall be relieved of all powers and duties to which the board succeeds by the provisions of this Act.

4040

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 18. The Clinch County Board of Commissioners shall cause, through its legal counsel, this Act to be submitted for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended, within 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.

SECTION 19. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval for purposes of making initial appointments to the board only. This Act shall become fully effective on the first day of the second month following its approval.

SECTION 20. 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 2007 Session of the General Assembly of Georgia a bill (or bills) to establish a Board of Elections and Registration in Clinch County and for other purposes.
This 17th day of January, 2007.
Clinch County Board of Commissioners
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jay Shaw, who on oath deposes and says that he is the Representative from District 176 and further deposes and says that the attached Notice oflntention to Introduce Local Legislation was published in the Clinch County News which is the official organ of Clinch County on January 24, 2007, and that the notice requirements of Code Section 28-l-14 have been met.
s/ JAY SHAW Jay Shaw Representative, District 176

GEORGIA LAWS 2007 SESSION
Sworn to and subscribed before me, this 25th day of January 2007.
sf DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 18,2007.

4041

CITY OF LYONS- HOMESTEAD EXEMPTION; CITY TAXES: BASE YEAR; REFERENDUM.
No. 194 (House Bill No. 573).
AN ACT
To provide for a homestead exemption from City of Lyons ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for 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 municipal ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Lyons, including, but not limited to, ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Base year" means:
(A) Except as otherwise provided in subparagraph (B) of this paragraph, the taxable year immediately preceding the taxable year in which the exemption under this Act is first granted to the most recent owner of such homestead; or (B) With respect to any person who applies for and is granted the homestead exemption under this Act for the 2008 tax year, the base year assessed value of the homestead shall be the 2004 assessed value of the homestead.

4042

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended, with the additional qualification that it shall include not more than five contiguous acres of homestead property. (b) Each resident of the City of Lyons is granted an exemption on that person's homestead from City of Lyons ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value of that homestead. This exemption shall not apply to taxes assessed on improvements to the homestead or additional land that is added to the homestead after January I of the base year. If any real property is added to or removed from the homestead, the base year assessed value shall be adjusted to reflect such addition or removal and the exemption shall be recalculated accordingly. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of Lyons, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Lyons, or the designee thereof, to make a determination regarding the initial and continuing eligibility ofsuch owner for such exemption. The governing authority of the City of Lyons, 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 Lyons, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January I, 2008.

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Lyons shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Lyons for approval or rejection. The municipal election superintendent shall conduct that election on

GEORGIA LAWS 2007 SESSION

4043

the Tuesday after the first Monday inNovember, 2007, and shall issue the call and conduct that election as provided by general law. The municipal superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Toombs County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act be approved which provides a homestead exemption from City of Lyons ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead?"

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 I of this Act shall become of full force and effect on January I, 2008. 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 Lyons. It shall be the municipal election superintendent's duty to certify the result thereof to the Secretary of State.

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

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 2007 session of the General Assembly of Georgia a bill to provide for a homestead exemption from City of Lyons ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
This 2nd day of February, 2007.
Representative Greg Morris !55th District

4044

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Greg Morris, who on oath deposes and says that he is the Representative from District 155 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Advance Progress which is the official organ of Toombs County on February 14, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

s/ GREG MORRIS Greg Morris Representative, District 155

Sworn to and subscribed before me, this 22nd day of February 2007.

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

Approved May 18,2007.

PIERCE COUNTY- BOARD OF EDUCATION; COMPENSATION.
No. 195 (House Bill No. 580).
AN ACT
To amend an Act providing for the compensation and selection of the Board of Education of Pierce County, approved April 12, 1982 (Ga. L. 1982, p. 4649), as amended, particularly by an Act approved April16, 1999 (Ga. L. 1999, p. 4642), so as to provide for the salary and expenses of the members of such board of education; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

GEORGIA LAWS 2007 SESSION

4045

SECTION 1. An Act providing for the compensation and selection of the Board of Education of Pierce County, approved April 12, 1982 (Ga. L. 1982, p. 4649), as amended, particularly by an Act approved April16, 1999 (Ga. L. 1999, p. 4642), is amended by revising Section 6 as follows:
"(a) The chairperson of the Board of Education of Pierce County shall be paid $500.00 per month as his or her compensation for services rendered and for attendance at all regular and special meetings of the board. Each member of the board shall be paid $350.00 per month as his or her compensation for services rendered and for attendance at all regular and special meetings of the board. The chairperson and each member of the board shall receive actual and necessary expenses incurred in the performance of the member's duties outside the county and shall be entitled to the same mileage allowance provided for state officers and employees in O.C.G.A. Code Section 50-19-7, as now or hereafter amended, for official travel outside the county."

SECTION 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to amend an Act providing for the compensation and selection of the Board of Education approved April 12, 1982 (Ga. L. 1982, p. 4649) as amended, so as to change the compensation of the board of education; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
This 19th day of February, 2007
/s/ Mark Williams Honorable Mark Williams Representative, District 178
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mark Williams, who on oath deposes and says that he is the Representative from District 178 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Blackshear Times which is the official organ ofPierce

4046

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

County on February 21,2007, and that the notice requirements ofCode Section 28-1-14 have been met.

s/ MARK WILLIAMS Mark Williams Representative, District 178

Sworn to and subscribed before me, this 23rd day of February, 2007.

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

Approved May 18, 2007.

CITY OF WOODSTOCK- HOMESTEAD EXEMPTION; CITY TAXES; SENIOR CITIZENS; REFERENDUM.
No. 196 (House Bill No. 632).
AN ACT
To provide for a homestead exemption from City of Woodstock ad valorem taxes for municipal purposes in the amount of$100,000.00 of the assessed value of the homestead for residents of that city who are 62 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) As used in this Act, the term:
( 1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Woodstock, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness.

GEORGIA LAWS 2007 SESSION

4047

(2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. (3) "Senior citizen" means a person who is 62 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 Woodstock who is a senior citizen is granted an exemption on that person's homestead from City ofWoodstock ad valorem taxes for municipal purposes in the amount of $100,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive 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 Woodstock, 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 Woodstock, 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 Woodstock, or the designee thereof, shall provide application forms for this purpose. Any person who claimed and qualified for the exemption provided by the Act approved Aprill3, 2001 (Ga. L. 2001, p. 3797), shall be qualified for the exemption provided by this Act, subject to automatic renewal and duty to notify of ineligibility as provided in subsection (d) of this section. (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 Woodstock, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes except that for senior citizens it shall be the sole homestead exemption applicable to City of Woodstock ad valorem taxes for city purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January I, 2008.

4048

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 2. An Act providing for a homestead exemption for senior citizens of the City of Woodstock, approved Aprill3, 2001 (Ga. L. 2001, p. 3797), is repealed in its entirety as of January I, 2008, subject to referendum approval as specified in Section 3 of this Act.

SECTION 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Woodstock 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 Woodstock for approval or rejection. The municipal election superintendent shall conduct that election on the Tuesday after the first Monday in November, 2007, 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 Cherokee County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) N0

Shall the Act be approved which provides a homestead exemption from City of Woodstock ad valorem taxes for city purposes for up to $250,000.00 of the appraised value of the homestead for residents of that city who are 62 years of age or over and therefore repeal the Act approved on November 6,

2001, which read, 'Shall the Act be approved which provides a homestead exemption from City of Woodstock ad valorem taxes for city purposes for the full value ofthe homestead after a two-year phase-in period for residents of that city who are 62 years of age or older'?"

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, Sections 1 and 2 of this Act shall become of full force and effect on January I, 2008. If the Act is not so approved or if the election is not conducted as provided in this section, Sections I and 2 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately

following that election date. The expense of such election shall be borne by the City of Woodstock. It shall be the municipal election superintendent's duty to certify the result thereof to the Secretary of State.

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

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

GEORGIA LAWS 2007 SESSION

4049

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to provide for a homestead exemption from City of Woodstock ad valorem taxes for municipal purposes in the amount of$1 00,000.00 of the assessed value of the homestead for residents of that city who are 62 years of age or over; to provide for definitions; to specify the terms and conditions ofthe exemptions and the procedures relating thereto; to provide for applicability; to provide for a referendum; and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Sean Jerguson, who on oath deposes and says that he is the Representative from District 22 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Cherokee Tribune which is the official organ of Cherokee County on February 21, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

s/ SEAN JERGUSON Sean Jerguson Representative, District 22

Sworn to and subscribed before me, this 27th day of February, 2007.

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

Approved May 18, 2007.

4050

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

CITY OF WOODSTOCK- HOMESTEAD EXfiMPTION; CITY TAXES; DISABLED VETERANS AND UNRI;J:MARRIED SPOUSES; REFERENDUM.

No. 197 (House Bill No. 633).

AN ACT

To provide a homestead exemption from all City of Woodstock ad valorem taxes for city purposes in the amount of $100,000.00 of the assessed value of the homestead for certain residents of that city who are disabled veterans or their unremarried surviving spouses, if deceased, on a current or subsequent homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. (a) As used in this Act, the term:
(1) "Ad valorem taxes for city purposes" means all ad valorem taxes for city purposes levied by, for, or on behalf of the City of Woodstock, including, but not limited to, taxes to retire bonded indebtedness. (2) "Disabled veteran" means:
(A) A wartime veteran who was discharged under honorable conditions and who has been adjudicated by the Department of Veterans Affairs of the United States as being totally and permanently disabled and entitled to receive service connected benefits so long as he or she is 100 percent disabled and receiving or entitled to receive benefits for a I00 percent service connected disability; (B) An American veteran of any war or armed conflict in which any branch of the armed forces of the United States engaged, whether under United States command or otherwise, who is disabled due to the loss or loss of use of both lower extremities such as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair; due to blindness in both eyes, having only light perception, together with the loss or loss of use of one lower extremity; or due to the loss or loss of use of one lower extremity together with residuals of organic disease or injury which so affect the functions of balance or propulsion as to preclude locomotion without resort to a wheelchair; (C) Any disabled veteran who is not entitled to receive benefits from the Department of Veterans Affairs but who qualifies otherwise, as provided for by Article VII, Section I, Paragraph IV of the Constitution of Georgia of 1976;

GEORGIA LAWS 2007 SESSION

4051

(D) An American veteran of any war or armed conflict who is disabled due to loss or loss of use of one lower extremity together with the loss or loss of use of one upper extremity which so affects the functions ofbalance or propulsion as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair; or (E) A veteran becoming eligible for assistance in acquiring housing under Section 2101 of Title 38 of the United States Code as hereafter amended on or after July I, 1999. (3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. (b) Any disabled veteran as defined in any subparagraph of paragraph (2) of subsection (a) of this section who is a resident of the City of Woodstock is granted an exemption in the amount of $100,000.00 on the assessed value on his or her homestead which such veteran owns and actually occupies as a residence and homestead, such exemption being from all ad valorem taxation for city purposes. The value of all property in excess of such exemption granted to such veteran shall remain subject to taxation. The unremarried surviving spouse or minor children of any such disabled veteran as defined in this section shall also be entitled to an exemption in the amount of $100,000.00 on the assessed value on his or her homestead which such person owns and actually occupies as a residence and homestead, such exemption being from all ad valorem taxation for city purposes. The value of all property in excess of such exemption granted to such unremarried surviving spouse or minor children shall remain subject to taxation. (c)(1) Any disabled veteran qualifying pursuant to subparagraph (a)(2)(A) or (a)(2)(B) of this section for the homestead exemption provided for in this section shall file with the city a letter from the Department of Veterans Affairs or the Department of Veterans Service stating the qualifying disability. (2) Any disabled veteran qualifying pursuant to subparagraph (a)(2)(C) of this section for the homestead exemption provided for in this section shall file with the city a copy of his or her DD Form 214 (discharge papers from his or her military records) along with a letter from a doctor who is licensed to practice medicine in this state stating that he or she is disabled due to loss or loss of use of both lower extremities such as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair; due to blindness in both eyes, having only light perception, together with the loss or loss of use of one lower extremity; or due to the loss or loss of use of one lower extremity together with residuals of organic disease or injury which so affect the functions of balance or propulsion as to preclude locomotion without resort to a wheelchair. Prior to approval of an exemption, a city employee may require the applicant to provide not more than two additional doctors' letters if the board is in doubt as to the applicant's eligibility for the exemption. (3) Any disabled veteran qualifying pursuant to subparagraph (a)(2)(D) of this section for the homestead exemption provided for in this section shall file with the city a letter from a doctor who is licensed to practice medicine in this state stating the qualifying disability. Prior to approval of an exemption, a city employee, may require the applicant to provide

4052

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

not more than two additional doctors' letters if the board is in doubt as to the applicant's eligibility for the exemption. (4) Any disabled veteran qualifying pursuant to subparagraph (a)(2)(E) of this section for the homestead exemption provided for in this section shall file with the city a letter from the Department of Veterans Affairs or Department of Veterans Service stating the eligibility for such housing assistance. (d) Each disabled veteran shall file for the exemption only once in the city. Once filed, the exemption shall automatically be renewed from year to year, except as provided in subsection (e) of this section. Such exemption shall be extended to the unremarried surviving spouse or minor children at the time of his or her death so long as they continue to occupy the home as a residence and homestead. In the event a disabled veteran who would otherwise be entitled to the exemption dies or becomes incapacitated to the extent that he or she cannot personally file for such exemption, the spouse, the unremarried surviving spouse, or the minor children at the time of the disabled veteran's death may file for the exemption and such exemption may be granted as if the disabled veteran had made personal application therefor. (e) Not more often than once every three years, a city employee may require the holder of an exemption granted pursuant to this section to substantiate his or her continuing eligibility for the exemption. In no event may the city require more than three doctors' letters to substantiate eligibility. (f) The exemption granted by this Act shall not apply to or affect any state taxes, county taxes, or county school district taxes for educational purposes. The homestead exemption granted by this Act shall be in addition to, and not in lieu of, any other homestead exemption applicable to City of Woodstock ad valorem taxes for city purposes except that for disabled veterans it shall be the sole homestead exemption applicable to City of Woodstock ad valorem taxes for city purposes. (g) The exemption granted by this Act shall apply to all taxable years beginning on or after January I, 2008.

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Woodstock 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 Woodstock for approval or rejection. The municipal election superintendent shall conduct that election on the Tuesday after the first Monday in November, 2007, 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 Cherokee County. The ballot shall have written or printed thereon the words:

GEORGIA LAWS 2007 SESSION

4053

"( ) YES ( ) NO

Shall the Act be approved which provides a homestead exemption from City of Woodstock ad valorem taxes for city purposes in the amount of $250,000.00 of the appraised value of the homestead for residents of that city for disabled veterans or their unremarried surviving spouses, if deceased, 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." 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, 2008. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Woodstock. 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 2007 session of the General Assembly of Georgia a bill to provide for a homestead exemption from all City of Woodstock ad valorem taxes for City purposes in the amount of$1 00,000.00 of the assessed value of the homestead for certain residents of that city who are disabled veterans or their un-remarried surviving spouses, if deceased, on a current or subsequent homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Sean Jerguson, who on oath deposes and says that he is the Representative from District 22 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Cherokee Tribune which is the official organ of Cherokee County on February 21, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

4054

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
s/ SEAN JERGUSON Sean Jerguson Representative, District 22

Sworn to and subscribed before me, this 27th day of February, 2007.

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

Approved May 18,2007.

CITY OF KENNESAW- CORPORATE LIMITS.
No. 198 (House Bill No. 647).
AN ACT
To amend an Act creating a new charter for the City of Kennesaw, approved April I 0, 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 of land: TRACT NO. I All of that tract or parcel of land lying and being in Land Lot 131, of the 20th District, 2nd Section, Cobb County, Georgia, and being 5.65 acres as shown on survey for Pinetree Country Club, date May 3, 2004, last revised May 7, 2004, prepared by Kuykendall Surveying, Inc., Tommy M. Kuykendall, GRLS #2127, and being more particularly described as follows:

GEORGIA LAWS 2007 SESSION

4055

Beginning at an iron pin located at the intersection of the westerly right of way of McCollum Parkway (having a variable right of way) with the northerly right of way of Ben King Road (having an 80 foot right of way): thence running in a westerly direction as measured along the northerly right of way of Ben King Road, the following courses and distances: along the arc of a curve, an arc distance of373.03 feet (said arc being subtended by a chord bearing south 78 degrees 41 minutes 54 seconds west, a chord distance of 367.03 feet, and having a radius of 598.99 feet) to a point; north 83 degrees 02 minutes 43 seconds west for a distance of 110.89 feet to an iron pin found; north 83 degrees 02 minutes 43 seconds west for a distance of 110.89 feet to an iron pin found and corner; thence leaving the right of way of Ben King Road and running thence north 39 degrees 46 minutes 22 seconds east for a distance of 203.21 feet to an iron pin; thence running north 34 degrees 27 minutes 25 seconds east for a distance of 158.91 feet to an iron pin; thence running north 37 degrees 07 minutes 11 seconds east for a distance of 126.59 feet to an iron pin; thence running north 32 degrees 36 minutes 34 seconds east for a distance of 125.61 feet to an iron pin; thence running north I0 degrees 11 minutes 42 seconds east for a distance of 201.42 feet to an iron pin; thence running north 03 degrees 32 minutes 00 seconds east for a distance of 242.05 feet to an iron pin and corner; thence running north 88 degrees 37 minutes 54 seconds east for a distance of 116.66 feet to an iron pin and corner located on the westerly right of way of McCollum Parkway; thence running in a southerly direction as measured along the westerly right ofway of McCollum Parkway, the following courses and distances; south 00 degrees 30 minutes 12 seconds east for a distance of 570.80 feet to an iron pin; south 09 degrees 26 minutes 59 seconds east for a distance of212.41 feet to the point of beginning. The corporate limits of the City of Kennesaw shall also include the following described parcels of land: TRACT NO.2 All that certain piece, parcel or lot of land lying and being in Land Lot 26 of the 20th District, Cobb County, Georgia and being more fully shown and designated on a boundary survey for D.R. Horton, Inc., a Delaware Corporation & Lawyers Title Insurance Corporation, dated 8/30/2006 prepared by Hayes, James & Associates, Inc., and having the following metes and bounds to wit: Beginning at the Land Lot comer common to Land Lots 26, 27, 50 and 51 at a I" open top pipe found, said point being the POINT OF BEGINNING, (P.O.B.); thence turning and continuing along the line of Lake Park SID, north 0 I degrees 25 minutes 24 seconds east a distance of 402.52 feet to a #4 rebar found; thence turning and continuing along said line north 01 degrees 26 minutes 45 seconds east a distance of 466.41 feet to a #5 rebar found; thence turning and continuing along said line north 02 degrees 11 minutes 06 seconds east a distance of 117.63 feet to a #4 rebar found; thence turning and continuing along said line north 0 I degrees 31 minutes 39 seconds east a distance of 166.97 feet to a #4 rebar set (said point being south 0 I degrees 31 minutes 19 seconds west a distance of 7.45 feet from the centerline ofcreek); thence turning and continuing along a traverse line (centerline ofcreek

4056

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

is the property line) north 80 degrees 36 minutes 39 seconds east a distance of 104.19 feet to a point; thence turning and continuing along said line south 70 degrees 05 minutes 41 seconds east a distance of 388.12 feet to a point; thence turning and continuing along said line north 86 degrees 13 minutes 20 seconds east a distance of 102.95 feet to a point in the centerline of creek, said point being south 10 degrees 26 minutes 57 seconds east a distance of 11.40 feet from a 3/4"open top pipe found; thence turning and leaving centerline of creek and continuing along the line ofN/F Allan south 10 degrees 26 minutes 57 seconds east a distance of 55 5.14 feet to a #4 rebar found; thence turning and continuing along said line south 10 degrees 25 minutes 33 seconds east a distance of 110.71 feet to a #4 rebar found; thence turning and continuing along said line south 03 degrees 24 minutes 53 seconds east a distance of 33.98 feet to a #4 rebar found; thence turning and continuing along said line south 02 degrees 36 minutes 05 seconds east a distance of 214.09 feet to a 3/4" open top pipe found on the northwest right-of-way of Hickory Grove Road (R/W varies); thence turning and continuing along said right-of-way along a curve to the left with a radius of 1,263.29 feet, arc length of 20"1.32 feet, chord bearing of south 67 degrees 20 minutes 03 seconds west and a chord distance of 201.10 feet to a #4 rebar set; thence turning and continuing along said right-of-way along a curve to the left with a radius of 2,163.29 feet, arc length of 50.12 feet, chord bearing south 66 degrees 00 minutes 55 seconds west and a chord distance of 50.12 feet to a 1" open top pipe found; thence turning and continuing along said right-of-way along a curve to the left with a radius of 1,878.33 feet, arc length of 13 7.66 feet, chord bearing of south 60 degrees 51 minutes 15 seconds west and a chord distance of 137.63 feet to a 1" open top pipe found; thence turning and leaving said right-of-way and continuing along the line of N/F Hickory Grove Baptist Church north 86 degrees 35 minutes 27 seconds west a distance of 323.15 feet to a point; thence turning and continuing along said line south 33 degrees 27 minutes 33 seconds west a distance of 2.76 feet to a #4 rebar found; thence turning and continuing along said line north 84 degrees 14 minutes 30 seconds west a distance of 58.24 feet to the POINT OF BEGINNING and containing 16.67 acres or 726,245 square feet, more or less."

SECTION 2. Said Act is further amended by adding at the end of Section 1.02 the following:
"The corporate limits of the City of Kennesaw shall no longer include the following described parcels of land: TRACT NO.1 2423 Elmhurst Boulevard All that tract or parcel of land lying and being in land lot 164 and 165 of the 20th District, 2nd Section of Cobb County, Georgia being 0.572 acres, Tract II-A, as per plat recorded in plat book 178, page 83, Cobb County, Georgia records, which said plat is referred to. Property located on Elmhurst Boulevard and referenced on attached plat dated 8-5-2002 prepared for David Kemp by Betterton Surveying and Design Inc. Land Surveying/Planning Subdivision & Commercial site design.

GEORGIA LAWS 2007 SESSION

4057

TRACT NO.2 2429 Elmhurst Boulevard Lying and being located in the City of Kennesaw, County of Cobb, State of Georgia; All that certain parcel or tract of land known as: All that tract or parcel of land lying and being in Land Lot 164, 20th district, 2nd section Cobb County, Georgia being .67 acres more or less and being more particularly described as follows: To find the true point of beginning, being at the intersection of the common corner ofland lots 164, 165, 178 and 179; thence proceeding north 90 degrees, 00 minutes, 00 seconds west along the southerly boundary line of land lot 164 a distance of 7.57 feet to an iron pin located on the northeasterly right-of-way of Ellis Road (50-foot R/W); thence proceeding northwesterly along the northerly right of way of Ellis Road and following the curvature thereof a distance of 252.77 feet to a point; thence leaving said right-of-way and proceeding north 00 degrees, 44 minutes, 18 seconds east a distance of 583.89 feet to an iron pin and the true point of beginning."

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 2007 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 30 day of January 2007.
Rep. R. Stevens Tumlin, Jr. Chairman, Cobb County Delegation District 38
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, L. Edwin Setzler, who on oath deposes and says that he is the Representative from District 35 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County on February 2, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

4058

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
s/ L. EDWIN SETZLER L. Edwin Setzler Representative, District 35

Sworn to and subscribed before me, this 20th day of February 2007.

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

Approved May 18,2007.

PEACH COUNTY- BOARD OF ELECTIONS AND REGISTRATION; CREATION.
No. 199 (House Bill No. 660).
AN ACT
To create a board ofelections and registration for Peach County and to provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for certain expenditures of public funds; to provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for the board's performance ofcertain functions and duties for certain municipalities; to provide for related matters; to provide for submission for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Pursuant to subsection (b) of Code Section 21-2-40 of the O.C.G.A., there is created the Board of Elections and Registration of Peach County, hereinafter referred to as "the board." The board shall have the powers, duties, and responsibilities of the judge of the probate court

GEORGIA LAWS 2007 SESSION

4059

of Peach County under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," and the powers, duties, and responsibilities of the board of registrars of Peach County under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."

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

SECTION 3. (a) The board shall be composed offive members who shall be appointed as provided in this section. (b) Two members of the board shall be appointed by the governing authority of Peach County. (c) One member of the board shall be selected by the county executive committee of the political party which received the highest number of votes within the county for its candidate for Governor in the general election immediately preceding the appointment of such member. (d) One member of the board shall be selected by the county executive committee of the political party which received the second highest number of votes within the county for its candidate for Governor in the general election immediately preceding the appointment of such member. (e) One member shall be selected by the chiefjudge of the Superior Court of Peach County. (f) All appointments to the board shall be promptly certified by the appointing authority to the clerk of the Superior Court of Peach County. (g) The initial appointees to the board shall take office on October I, 2007. The two members appointed by the governing authority of Peach County and the member selected by the chief judge of the Superior Court of Peach County shall serve terms beginning on October 1, 2007, and ending on September 30, 2011, and until his or her respective successor is duly appointed and qualified. Successors to each such member shall thereafter be appointed by the appropriate appointing authority to serve a term of office of four years beginning October I, 2011, and until their successors are duly appointed and qualified. The two appointees of the political parties shall serve a term beginning on October I, 2007, and ending on September 30, 2009, and until his or her respective successor is duly appointed and qualified. Successors to such members shall thereafter be appointed by the appropriate appointing authority to serve a term of office of four years beginning October 1, 2009, and until their respective successors are duly appointed and qualified. Thereafter, all members shall be appointed to serve four year terms of office and until their successors are duly appointed and qualified.

4060

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 4. The Peach County Board of Commissioners, which will consider the recommendation of the Board of Elections and Registration of Peach County, shall be authorized to appoint a person to serve as the election supervisor of Peach County. The Peach County Board of Commissioners shall set the salary and employment status of the election supervisor, said salary to be payable from county funds. If appointed, the election supervisor shall generally direct and control the administration of the affairs of the board pursuant to law and duly adopted resolutions ofthe board. The election supervisor shall not be a member ofthe board. The election supervisor shall be supervised by the board and shall be deemed to be an at-will employee of the Board of Commissioners of Peach County and shall be subject to removal from office, with or without cause, by the Board of Commissioners of Peach County.

SECTION 5. Each member of the board shall:
(I) Be eligible to be reappointed to succeed such member; (2) Have the right to resign at any time by giving written notice of such resignation to the governing authority of Peach County and to the clerk of the Superior Court of Peach County; (3) Serve until his or her successor is appointed and qualified; and (4) Be subject to removal from the board by the chiefjudge ofthe Superior Court ofPeach County at any time, for cause, after notice and hearing.

SECTION 6. (a) The appointing authority shall certify the appointment of each member of the board by filing an affidavit with the clerk of the Superior Court of Peach County no later than 30 days preceding the date upon which such members are to take office, stating the name and residential address of the person appointed and certifying such member has been duly appointed as provided in this Act. (b) The clerk of the superior court shall record each of such certifications on the minutes of the superior court and shall certify the name of each such appointed member to the Secretary of State and provide for the issuance of appropriate commissions to the members within the same time and in the same manner as provided by law for registrars.

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

GEORGIA LAWS 2007 SESSION

4061

record and certify such appointments in the same manner as the regular appointment of members.

SECTION 8. (a) The first members of the board under this Act shall be appointed as provided in this Act to take office on October I, 2007. The board shall take no official action until all members have been certified to the clerk of the Superior Court of Peach County. (b) Before entering upon the member's duties, each member shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest.

SECTION 9. (a) No person who holds elective public office shall be eligible to serve as a member of the board during the term of such elective office, and the position of any member of the board shall be deemed vacant upon such member's qualifying as a candidate for elective public office. (b) Members of the board must be residents of Peach County and must have been registered voters in Peach County for a period of at least one year prior to the date of their appointment to the board.

SECTION 10. (a) Nothing in this Act shall be construed to require or prohibit joint primaries or to require or prohibit the commissioners or any other public agency to bear any expense of conducting primaries not otherwise required by law. (b) The board shall have the authority to contract with any municipality located within Peach County for the holding by the board of any primary or election to be conducted within such municipality.

SECTION 11. With the approval of the commissioners, the board shall be authorized to expend public funds for the purpose of preparing and distributing material solely to inform and instruct electors of the county adequately with regard to elections. No material distributed by the board shall contain or express, in any manner or form, any commentary or expression of opinion or request for support with respect to any political issue or matter of political concern.

SECTION 12. (a) The board shall be authorized and empowered to organize itself, elect its officers from among its members, determine its procedural rules and regulations, adopt bylaws, specify the functions and duties of its employees, and otherwise take such action as is appropriate to the management of its affairs; provided, however, that no such action shall conflict with state law. (b) Action and decision by the board shall be by a majority of the members of the board.

4062

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 13. (a) The board shall fix and establish, by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. The board shall hold meetings at the county courthouse or at the place of meeting of the commissioners. Any specially called meetings held pursuant to the bylaws adopted by the board shall be held only after notification of the time and place or the holding of such special meeting has been communicated in writing to provide public notice of the meeting as required by law. All meetings of whatever kind of the board shall be conducted pursuant to Chapter 14 of Title 50 of the O.C.G.A. (b) The board shall maintain a written record of policy decisions amended to include additions or deletions. Such written records shall be made available for the public to review pursuant to Article 4 of Chapter 18 of Title 50 of the O.C.G.A.

SECTION 14. (a) Compensation for the members of the board shall be fixed by the commissioners. (b) All amounts payable under this section shall be paid from the funds of Peach County.

SECTION 15. (a) The board may request additional clerical assistants as needed to carry out efficiently the duties and functions of the board on either an independent contract basis or as county employees, to be determined by the commissioners. The commissioners shall be responsible for determining the pay and salary of all clerical assistants of the board. Any such assistants shall be hired by the commissioners, which shall consider the recommendation of the board, and such clerical assistants shall be at-will employees of the commissioners. (b) The commissioners shall provide suitable offices and equipment and funding sufficient to employ the staff and other employees as may be necessary.

SECTION 16. The board shall be responsible for the selection, appointment, and training of poll workers.

SECTION 17. The commissioners shall cause, through its legal counsel, this Act to be submitted for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended, within 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.

SECTION 18. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval for purposes of making initial appointments to the board only. This Act shall become fully effective on October 1, 2007. Upon this Act becoming fully effective, the current superintendent of elections of Peach County, the judge of the probate court of

GEORGIA LAWS 2007 SESSION

4063

Peach County, and the existing board of registrars of Peach County shall be relieved of all powers and duties to which the board succeeds by the provisions of this Act and shall deliver to the board all equipment, supplies, materials, books, papers, records, and facilities pertaining to such powers and duties. Nothing contained herein is intended to prevent the appointment of members of the board, the appointment of an election supervisor, the hiring of clerical staff, or any necessary training for the members of the board, the election supervisor, and clerical assistants prior to October l, 2007.

SECTION 19. All laws and parts of laws in conflict with this Act are repealed.

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that the Board of Commissioners of Peach County has called upon the Legislative Delegation representing Peach County to introduce a bill to enact local legislation in the 2007 Legislative Session of the Georgia General Assembly under the provisions of O.C.G.A. 21-2-40(b) to create a Board of Elections and Registration for Peach County and to provide for its powers and duties; to provide for definitions; to provide for the composition of the Board and the selection and appointment of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created Board; to provide for certain expenditures of public funds; to provide for compensation of members ofthe Board and personnel; to provide for offices and equipment; to provide for the Board's performance of certain functions and duties for certain municipalities; to provide for related matters; to provide for submission for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes.

This 14th day of February, 2007

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lynmore James, who on oath deposes and says that he is the Representative from District 135 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Leader Tribune which is the official organ of Peach County on February 21,2007, and that the notice requirements ofCode Section 28-1-14 have been met.

s/ LYNMORE JAMES Lynmore James Representative, District 135

4064

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Sworn to and subscribed before me, this 28th day of February 2007.

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

Approved May 18,2007.

DEKALB COUNTY- UNINCORPORATED DEKALB COUNTY COMMUNITY IMPROVEMENT DISTRICT; REDEFINE PROJECT.
No. 200 (House Bill No. 687).
AN ACT
To amend an Act entitled the "Unincorporated DeKalb County Community Improvement District Act of 1998," approved April2, 1998 (Ga. L. 1998, p. 4228), as amended by an Act approved January 7, 1999 (Ga. L. 1999, p. 4805), and amended by an Act approved April I, 2005 (Ga. L. 2005, p. 3507), so as to redefine a certain term; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act entitled the "Unincorporated DeKalb County Community Improvement District Act of 1998," approved April 2, 1998 (Ga. L. 1998, p. 4228), as amended by an Act approved January 7, 1999 (Ga. L. 1999, p. 4805), and amended by an Act approved April I, 2005 (Ga. L. 2005, p. 3507), is amended in Section 3 by revising paragraph (II) as follows:
(II) 'Project' means the acquisition, construction, installation, modification, renovation, or rehabilitation of land, interests in land, buildings, structures, facilities, or other improvements located or to be located within the district or in another community improvement district immediately adjoining the district as to directly benefit the district, such benefit to be determined by the board, and the acquisition, installation, modification, renovation, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land,

GEORGIA LAWS 2007 SESSION

4065

interest in land, building, structure, facility, or other improvement, for all the essential public purposes set forth in Section 2 of this Act.n

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 2007 session of the General Assembly of Georgia a bill to amend an Act entitled the "Unincorporate DeKalb County Community Improvement District Act of 1998" approved April 2, 1998 (Ga. L. 1998 p.4228), as amended by an Act approved January, 1999 (Ga.L. 1999, P. 4805), and amended by an Act approved April!, 2005 (Ga. L. 2005, p. 3507), so as to redefine a certain term; and for other purposes.
This 1st day of March, 2007
Representative Jill Chambers 81 st District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jill Chambers, who on oath deposes and says that she is the Representative from District 81 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Champion which is the official organ of DeKalb County on March 8, 2007, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JILL CHAMBERS Jill Chambers Representative, District 81
Sworn to and subscribed before me, this 13th day of March 2007.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia

4066

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

My Commission Expires Nov. 18,2009 (SEAL)

Approved May 18, 2007.

CITY OF NORCROSS- FORM OF GOVERNMENT.
No. 213 (House Bill No. 480).
AN ACT
To amend an Act creating a new charter for the City of Norcross, Georgia, approved March 28, 1990 (Ga. L. 1990, p. 4934), as amended, particularly by an Act approved April4, 1991 (Ga. L. 1991, p. 3680), an Act approved March 25, 1996 (Ga. L. 1996, p. 3666), and an Act approved March 24, 1997 (Ga. L. 1997, p. 3517), so as to change the form of government from a mayor-council form of government to a city manager-council form of government; 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 Norcross, Georgia, approved March 28, 1990 (Ga. L. 1990, p. 4934), as amended, particularly by an Act approved April 4, 1991 (Ga. L. 1991, p. 3680), an Act approved March 25, 1996 (Ga. L. 1996, p. 3666), and an Act approved March 24, 1997 (Ga. L. 1997, p. 3517), is amended by striking Section 2.28 in its entirety and inserting in lieu thereof a new Section 2.28 to read as follows:
"SECTION 2.28. The mayor: powers and duties.
The mayor shall be the chief elected officer of the city and as such shall have the following powers and duties:
(1) To preside at all meetings of the city council and be recognized as the official head and spokesperson of the city for service of process and ceremonial purposes; (2) To vote on matters before the city council only in case of a tie; (3) To sign timely, for and on behalf of the city, all contracts, ordinances, instruments, and other documents authorized by the city council and which are required to be in writing, unless otherwise directed or authorized by the city council; (4) To administer oaths and to take affidavits; and (5) To fulfill such other duties as authorized by the city council."

GEORGIA LAWS 2007 SESSION

4067

SECTION 2. Said Act is further amended by adding new Sections 2.30 through 2.35 to read as follows:

HSECTION 2.30. The city manager: general powers.

The city council shall appoint a city manager for an indefinite term and shall set his or her compensation in an employment contract. The city manager shall be appointed solely on the basis of that person's executive and administrative qualifications, including relevant experience.

SECTION 2.31. 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 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. Once approved for the following fiscal year, any increase in the appropriations for these budgets, whether accomplished through a change in anticipated revenues or through a transfer ofappropriations among departments, shall require the approval of the city council. Such amendment shall be adopted by ordinance or resolution; (6) To submit to the city council a quarterly summary of the finances and administrative activities of the city, and to make available to the council and public a complete report on the finances and administrative activities of the city as of the end of each fiscal year; (7) To prescribe, require, publish, and implement standards of administrative management and operating procedures to be followed and adhered to by all offices,

4068

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

departments, boards, commissions, authorities, and other agencies of the city which are subject to the city manager"s supervision; (8) To act as the purchasing agent of the city; (9) To make such other studies, reports, and investigations as the city council may require concerning the operations of city departments, offices, and agencies subject to the city manager's direction and supervision; (1 0) To keep the city council fully advised as to the 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 (11) To perform other such duties as are specified in this charter or as may be required by the city council.

SECTION 2.32. Budget authority and special funds.

The city manager shall have full authority to execute the city's annual operating budget and capital budget. Establishment of all special funds and authorization of expenditures from the special funds shall require approval of the city council. The city council shall also approve any operating or capital budget amendments requiring use of funds from the contingency special fund.

SECTION 2.33. Council's noninterference with administration.

Except for the purpose ofinquiries and investigations, the mayor and city council members shall not give orders or directions to any city employees who are subject to the direction and supervision of the city manager, either publicly or privately, directly or indirectly.

SECTION 2.34. Removal of city manager.

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 two-thirds of 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

GEORGIA LAWS 2007 SESSION

4069

(3) If the city manager has not requested a public hearing within the time specified in paragraph (2) of this section, 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. The city manager shall continue to receive his or her salary until the effective date of a final resolution of removal.

SECTION 2.35. 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.n

SECTION 3. Said Act is further amended by striking Sections 3.12 and 3.13 in their entirety and inserting in lieu thereof new Sections 3.12 and 3.13 to read as follows:

0 SECTION 3.12. The city clerk.

The city manager shall appoint a city clerk who shall not be a council member. 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 mayor and city council.

SECTION 3.13. The 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 shall not be the same person.0

4070

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 4. Said Act is further amended by striking Sections 3.16 through 3.18 in their entirety and inserting in lieu thereof new Sections 3.16 through 3.18 to read as follows:

"SECTION 3.16. The city auditor.

The city manager shall contract with confirmation of the city council an outside firm to perform the duties of a city auditor.

SECTION 3.17. Human resources.

(a) Human resources manager. The city manager shall appoint a human resources manager who shall be responsible for policies and practices related to the equitable treatment of city employees. (b) The city position classification and pay plan. The human resources manager shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the city manager and then to the city council for approval. Such plan shall 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. The city manager shall apply the pay plan to city employees. For purposes of this section, all elected city officials are not city employees. (c) Employee 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; (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.

GEORGIA LAWS 2007 SESSION
SECTION 3.18. Appointment of elected officials.

4071

No person holding an elective office in the City of Norcross shall be eligible for appointment as a city employee during the term of office for which he or she was elected or within two years after the expiration of his or her term of office."

SECTION 5. Said Act is further amended by striking Section 6.26 in its entirety and inserting in lieu thereof a new Section 6.26 to read as follows:

"SECTION 6.26. Submission of the operating budget to the 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 city manager shall prepare and 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 provided for in this chapter, 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. Said Act is further amended by striking subsection (a) of Section 6.29 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
'(a) 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 prepare and submit to the city council a proposed capital improvements budget with recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have the power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 2.24 of this charter."

SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

4072

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 regular 2007 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City ofNorcross, Georgia approved March 28, 1990 (Ga. L. 1990, p. 4934), as amended, particularly by an Act approved April 4, 1991 (Ga. L. 1991, p. 3680), an Act approved March 25, 1996 (Ga. L. 1996, p. 3666), and an Act approved March 24, 1997 (Ga. L. 1997, p. 3517), so as to change the form of government from a mayor-council form of government to a city manager-council form of government; to provide for related matters; and for other purposes.

This 31st day of January, 2007

Senator Curt Thompson, 5th District Representative Pedro Marin, 96th District

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Pedro Marin, who on oath deposes and says that he is the Representative from District 96 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 3, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

s/ PEDRO MARIN Pedro Marin Representative, District 96

Sworn to and subscribed before me, this 14th day of February, 2007.

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

Approved May 23, 2007.

GEORGIA LAWS 2007 SESSION

4073

DEKALB COUNTY- EXEMPTION FOR CERTAIN OFFICERS REGARDING CHIEF EXECUTIVE'S AUTHORITY TO ENFORCE CERTAIN BUDGET PROVISIONS; PURCHASING.

No. 215 (House Bill No. 700).

AN ACT

To amend an Act establishing the form of government of DeKalb County and fixing the powers and duties of the officers constituting the governing authority of DeKalb County, approved April 9, 1981 (Ga. L. 1981, p. 4304), as amended, so as to provide an exemption for certain constitutional officers regarding the Chief Executive s authority to enforce certain provisions regarding the county budget; to establish rules and regulate purchasing; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act establishing the form of government of DeKalb County and fixing the powers and duties of the officers constituting the governing authority of DeKalb County, approved April 9, 1981 (Ga. L. 1981, p. 4304), as amended, is amended by revising subsection (f) of Section 17 as follows:
"(f) No expenditure of county funds shall be made except in accordance with the county budget, or amendments thereto, adopted by the Commission. The Chief Executive shall enforce compliance with this requirement by all departments, offices, or agencies of the county government, including elected county officers, with the exception of the tax commissioner, clerk of the superior court, district attorney, and sheriff."

SECTION 2. Said Act is further amended by revising subsection (a) of Section 18 as follows:
"(a) The Chief Executive shall establish rules to regulate purchasing for all county departments, offices, and agencies of the county government, with exception of the tax commissioner, clerk of the superior court, district attorney, and sheriff. Except as hereinafter provided, formal sealed bids, after notice of same has been published one time in the official organ of DeKalb County, must be obtained on all purchases exceeding $50,000.00. Purchases exceeding $50,000.00 may be made without formal sealed bids from any vendor who, at the time of purchase, has an existing contract or schedule with the State of Georgia or the federal government if the purchase is made pursuant to the price, terms, and conditions of said contract and if the county receives all the benefits of such contract."

4074

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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 2007 session of the General Assembly of Georgia a bill to amend an Act establishing the form of government ofDeKalb County and fixing the powers and duties of the officers constituting the governing authority ofDeKalb County, approved April 9, 1981 (Ga. L. 1981, p. 4304), as amended; and for other purposes.
This 1st day of March, 2007.
Representative Earnest Coach Williams 89th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Earnest "Coach" Williams, who on oath deposes and says that he is the Representative from District 89 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Champion which is the official organ of DeKalb County on March 15, 2007, and that the notice requirements of Code Section 28-1-14 have been met.
s/ EARNEST "COACH" WILLIAMS Earnest "Coach" Williams Representative, District 89
Sworn to and subscribed before me, this 15th day of March 2007.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia

GEORGIA LAWS 2007 SESSION
My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 23, 2007.

4075

CITY OF HAMPTON- CITY OF HAMPTON PUBLIC FACILITIES AUTHORITY; REPEAL.
No. 265 (Senate Bill No. 90).
AN ACT
To repeal an Act creating the City of Hampton Public Facilities Authority, approved May 30, 2003 (Ga. L. 2003, p. 3848); to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the City of Hampton Public Facilities Authority, approved May 30, 2003, (Ga. L. 2003, p. 3848), is hereby repealed in its entirety, thus dissolving such authority.
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to repeal an Act creating the City of Hampton Public Facilities Authority approved May 30, 2003 (Ga. L. 2003, p. 3848); to provide that any outstanding debt, contracts, or assets held by the City of Hampton Public Facilities Authority shall be assumed by the local governing authority of City of Hampton; to repeal conflicting laws; and for other purposes.
This 16 day of January, 2007.
R. W. Coley Mayor, City of Hampton

4076

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Douglas, who on oath deposes and says that he is the Senator from District 17 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Daily Herald which is the official organ of Henry County on January 26,2007, and that the notice requirements of Code Section 28-1-14 have been met.

s/ JOHN DOUGLAS John Douglas Senator, District 17

Sworn to and subscribed before me, this 31st day of January 2007.

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

Approved May 29,2007.

GWINNETT JUDICIAL CIRCUIT- JUDGES; COMPENSATION.
No. 266 (Senate Bill No. 158).
AN ACT
To amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties, jurisdiction, and officers, approved February 12, 1960 (Ga. L. 1960, p. 11 0), as amended, particularly by an Act approved May 10, 2005 (Ga. L. 2005, p. 4142), so as to change provisions relating to the salary supplements for the judges of the Gwinnett Judicial Circuit; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

GEORGIA LAWS 2007 SESSION

4077

SECTION 1. An Act creating the Gwinnett Judicial Circuit and providing for its powers, duties, jurisdiction, and officers, approved February 12, 1960 (Ga. L. 1960, p. II 0), as amended, particularly by an Act approved May I 0, 2005 (Ga. L. 2005, p. 4142), is amended by striking Section 2A and inserting in lieu thereof the following:

"SECTION 2A. The compensation and allowances of the judges of the Superior Court of the Gwinnett Judicial Circuit shall be as provided by law and in addition thereto the salary of each judge shall be supplemented in the amount of $48,211.00 annually from the funds of Gwinnett County. Such supplement shall be paid in equal monthly installments. In addition to such supplement, the governing authority ofGwinnett County is authorized to pay the superior court judges of the Gwinnett Judicial Circuit such amount as shall be fixed by the governing authority."

SECTION 2. This Act shall become effective on July 1, 2007.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Pursuant to Art. III, V, 'If IX of the Constitution of the State of Georgia of 1983,
O.C.G.A. 28-1-14, and all other applicable statutes, notice is hereby given that there will be introduced at the regular 2007 Session of the General Assembly of Georgia a bill to amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties, jurisdiction, and officers, approved February 12, 1960 (Ga. L. 1960, p. 11 0) as amended, particularly by an Act approved May 10, 2005 (Ga. L. 2005, pp. 4142-4144) to be amended by striking Section 2A of said Act so as to change the provisions relating to the salary supplements for the judges of the Superior Court of the Gwinnett Judicial Circuit.

This 30th day of January, 2007.

Don Balfour Senator, District 9

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Don Balfour, who on oath deposes and says that he is the Senator from District 9 and further deposes and says that the attached Notice oflntention to Introduce Local Legislation

4078

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

was published in the Gwinnett Daily Post which is the official organ of Gwinnett County on January 31, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

s/ DON BALFOUR Don Balfour Senator, District 9

Sworn to and subscribed before me, this 8th day of February, 2007.

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

Approved May 29, 2007.

AUGUSTA JUDICIAL CIRCUIT- JUDGES; COMPENSATION.
No. 267 (Senate Bill No. 209).
AN ACT
To amend an Act providing for a supplement to the compensation, expenses, and allowances of the judges of the Superior Court of the Augusta Judicial Circuit, approved April 6, 1981 (Ga. L. 1981, p. 595), as amended, particularly by an Act approved April 19, 2000 (Ga. L. 2000, p. 4454), so as to change the provisions relating to such supplement; 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 providing for a supplement to the compensation, expenses, and allowances of the judges of the Superior Court of the Augusta Judicial Circuit, approved April 6, 1981 (Ga. L. 1981, p. 595), as amended, particularly by an Act approved April 19, 2000 (Ga. L. 2000, p. 4454), is amended by revising Section 1 of such Act as follows:

GEORGIA LAWS 2007 SESSION

4079

'SECTION 1. In addition to the compensation, salary, expenses, allowances, supplements, and longevity and cost-of-living increases presently being received pursuant to state law by the judges of the Superior Court of Columbia County from the State of Georgia or any other source, the judges of such court shall receive on and after July 1, 2007, an additional supplement to such compensation from the funds of Columbia County in the amount of $20,000.00 per annum so that on and after July 1, 2007, such supplement shall be in the amount of $20,000.00 per annum payable in equal monthly installments."

SECTION 2. This Act shall become effective on July 1, 2007.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the Regular 2007 session of the General Assembly of Georgia a bill to raise the compensation of Judges of Superior Courts of Columbia County; and for other purposes.

This 9th day of February, 2007

REPRESENTATIVE BEN L. HARBIN 113 DISTRICT

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James L. Whitehead, Sr., who on oath deposes and says that he is the Senator from District 24 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Columbia County News-Times which is the official organ of Columbia County on February 14, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

s/ JAMES L. WHITEHEAD, SR. James L. Whitehead, Sr. Senator, District 24

4080

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Sworn to and subscribed before me, this 20th day of February 2007.

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

Approved May 29,2007.

CITY OF CLARKESVILLE- CORPORATE LIMITS.
No. 268 (Senate Bill No. 227).
AN ACT
To amend an Act creating a new charter for the City of Clarkesville in the County of Habersham, approved April 9, 1981 (Ga. L. 1981, p. 4502), as amended, so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating a new charter for the City of Clarkesville in the County of Habersham, approved April 9, 1981 (Ga. L. 1981, p. 4502), as amended, is amended by adding a new section to read as follows:
nSECTION 1.11A. (a) In addition to the present territory included within the corporate limits of said city, the corporate limits shall be extended to include the following described highway and right of way, all which are located in Habersham County, Georgia:
All that tract or parcel of land lying and being in West and Northwest of the City of Clarkesville, Georgia in Habersham County, Georgia and consisting of the highway and right-of-way of Georgia Highway 115 (1 00 foot right-of-way) and extending along the highway and right-of-way of Georgia Highway 115 from the present corporate limits ofthe City of Clarkesville in a Westerly and Northwesterly direction along Georgia Highway 115 to the intersection of Georgia Highway 115 and Georgia Highway 17 North (towards Helen, Georgia).

GEORGIA LAWS 2007 SESSION

4081

(b) All references to highway and public rights of way in subsection (a) of this section specifically include the entire width of Georgia Highway 115 and the entire right of way of Georgia Highway 115. (c) All references to roads, streets, highways, and public rights of way in subsections (a) and (b) of this section specifically include those highways and public rights of way as the same currently exist as part of the City of Clarksville public street system, the public street and road system ofHabersham County, Georgia, the public highways ofthe State ofGeorgia Department of Transportation and the United States, and any other street or road or highway which has been designated in subsections (a) and (b) of this section and which has been dedicated to public purposes.n

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 2007 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Clarkesville in the County of Habersham, approved April9, 1981 (Ga. L. 1981, p. 4502), as amended, so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes.
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 6, 2007, 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 February 12, 2007.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia

4082

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

My Commission Expires Aug. 25, 2007 (SEAL)

Approved May 29, 2007.

CHATTOOGA COUNTY- HOMESTEAD EXEMPTION; COUNTY TAXES; SENIOR CITIZENS; REFERENDUM.
No. 269 (Senate Bill No. 242).
AN ACT
To provide a homestead exemption from Chattooga County ad valorem taxes for county purposes in percentages of the assessed value of the homestead based upon income for certain residents of that county who have annual incomes not exceeding $20,000.00 and who are 70 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) As used in this Act, the term:
(1) "Ad valorem taxes for county purposes" means all ad valorem taxes for county purposes levied by, for, or on behalf of Chattooga 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, with the additional qualification that it shall include only the primary residence and not more than five contiguous acres of homestead property. (3) "Income" means federal adjusted gross income for income tax purposes from all sources. (4) "Senior citizen" means a person who is 70 years of age or over on or before January 1 of the year in which application for the exemption under this Act is made. (b)(1) Each resident ofChattooga County who is a senior citizen is granted an exemption on that person's homestead from all Chattooga County ad valorem taxes for county purposes in the full value of that homestead if that person's income, together with the income of the spouse of such person who resides within such homestead, does not exceed $15,000.00 for the immediately preceding taxable year.

GEORGIA LAWS 2007 SESSION

4083

(2) Each resident of Chattooga County who is a senior citizen is granted an exemption on that person's homestead from all Chattooga County ad valorem taxes for county purposes in the amount of80 percent of the assessed value of that homestead if that person's income, together with the income of the spouse of such person who resides within such homestead, exceeds $15,000.00 but is not more than $16,250.00 for the immediately preceding taxable year. (3) Each resident ofChattooga County who is a senior citizen is granted an exemption on that person's homestead from all Chattooga County ad valorem taxes for county purposes in the amount of 60 percent of the assessed value of that homestead if that person's income, together with the income of the spouse of such person who resides within such homestead, exceeds $16,250.00 but is not more than $17,500.00 for the immediately preceding taxable year. (4) Each resident ofChattooga County who is a senior citizen is granted an exemption on that person's homestead from all Chattooga County ad valorem taxes for county purposes in the amount of40 percent of the assessed value of that homestead if that person's income, together with the income of the spouse of such person who resides within such homestead, exceeds $17,500.00 but is not more than $18,750.00 for the immediately preceding taxable year. (5) Each resident ofChattooga County who is a senior citizen is granted an exemption on that person's homestead from all Chattooga County ad valorem taxes for county purposes in the amount of20 percent of the assessed value of that homestead ifthatperson's income, together with the income of the spouse of such person who resides within such homestead, exceeds $18,750.00 but is not more than $20,000.00 for the immediately preceding taxable year. (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 Chattooga County giving the person's age, the amount of income which the person and the person's spouse residing within such homestead received during the last taxable year, and such additional information relative to receiving such exemption as will enable the tax commissioner to make a determination as to whether such person is entitled to 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 Chattooga 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

4084

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

purposes, or municipal ad valorem taxes for municipal purposes. The homestead exemption granted by this Act shall be in addition to any other homestead exemption applicable to Chattooga County ad valorem taxes for county purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January I, 2008.

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Chattooga County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Chattooga County for approval or rejection. The election superintendent shall conduct that election on the Tuesday following the first Monday in November, 2007, 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 Chattooga County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act be approved which provides a homestead exemption from Chattooga County ad valorem taxes for county purposes in certain percentages of the assessed value of the homestead based upon income for residents of that county who are 70 years of age or over and who have annual incomes not exceeding $20,000.00?"

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 I, 2008. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Chattooga 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 2007 SESSION

4085

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to provide a homestead exemption from Chattooga County ad valorem taxes for county purposes in percentages of the assessed value of the homestead based upon income for certain residents of that county who have annual incomes not exceeding $20,000.00 and who are 70 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; and for other purposes.

This 14th day of February, 2007.

Senator Jeff Mullis 53rd District

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jeff E. Mullis, who on oath deposes and says that he is the Senator from District 53 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Summerville News which is the official organ ofChattooga County on February 22,2007, and that the notice requirements of Code Section 28-1-14 have been met.

sf JEFF E. MULLIS Jeff E. Mullis Senator, District 53

Sworn to and subscribed before me, this 27th day of February, 2007.

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

Approved May 29, 2007.

4086

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

COBB COUNTY- STATE COURT; JUDGES; COMPENSATION.

No. 270 (Senate Bill No. 247).

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 I, 2006 (Ga. L. 2006, p. 3984), so as to change the compensation of the judges of the state court; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211 ), as amended, particularly by an Act approved May 1, 2006 (Ga. L. 2006, p. 3984), is amended by striking from Section 23 of Part 1 the following:
'The salary of the judges of Division 1 of the State Court of Cobb County shall be $145,112.71 per annum.', and inserting in lieu thereof the following: 'The salary of the judges of Division 1 of the State Court of Cobb County shall be $150,917.21 per annum.'

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 2007 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, particularly by an Act approved May I, 2006 (Ga. L. 2006, p. 3984), so as to change the compensation of the judges of the state court; to provide an effective date; to repeal conflicting laws; and for other purposes.

GEORGIA LAWS 2007 SESSION This 21st day of January 2007.

4087

Representative Steve Tumlin Cobb Delegation Chairman

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 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 February 2, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

sf JOHN WILES John Wiles Senator, District 37

Sworn to and subscribed before me, this 2nd day ofFebruary 2007.

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

Approved May 29,2007.

COBB COUNTY- STATE COURT; SOLICITOR-GENERAL; ASSISTANT SOLICITORS; COMPENSATION.
No. 271 (Senate Bill No. 248).
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 5, 2006 (Ga. L. 2006, p. 4276), 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.

4088

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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 5, 2006 (Ga. L. 2006, p. 4276), is amended by striking paragraph (I) of subsection (b) of Section 27 of said Act and inserting in its place a new paragraph to read as follows:
"(I) On the effective date of this Act, the solicitor-general of Cobb County shall receive an annual salary of $135,486.00 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:
"(d) The solicitor-general shall have the authority to appoint two assistant solicitors for each judge 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 full-time magistrates of the Magistrate Court of Cobb County, plus four additional assistant solicitors, one of whom shall be the chief assistant solicitor, two of whom may be deputy assistant solicitors, 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 ofthe chiefassistant solicitor shall not be less than $74,400.00 and shall not exceed $120,900.00, payable in biweekly installments from the funds ofCobb County. The compensation of the deputy assistant solicitor shall not be less than $61,200.00 and shall not exceed $98,100.00, payable in biweekly installments from the funds of Cobb County. The compensation of the assistant solicitors shall not be less than $47,900.00 and shall not exceed $84,400.00, payable in biweekly installments from the funds of Cobb County. The compensation of the intake assistant solicitor shall not be less than $47,900.00 and shall not exceed $76,500.00 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.

GEORGIA LAWS 2007 SESSION

4089

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2007 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 21st day of January 2007.

Representative Steve Tumlin Cobb Delegation Chairman

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 37 and further deposes and says that the attached Notice oflntention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County on February 2, 2007, 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 2nd day of February 2007.

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

Approved May 29, 2007.

4090

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

JEFFERSON COUNTY- STATE COURT; JUDGE; SOLICITOR-GENERAL; COMPENSATION.

No. 272 (Senate Bill No. 309).

AN ACT

To amend an Act creating the State Court of Jefferson County, formerly the City Court of Louisville, approved August 19, 1911 (Ga. L. 1911, p. 277), as amended, particularly by an Act approved April 2, 1998 (Ga. L. 1998, p. 4187), and an Act approved April 2, 1998 (Ga. L. 1998, p. 4189), so as to change provisions relating to compensation of the judge and solicitor-general of the court; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating the State Court of Jefferson County, formerly the City Court of Louisville, approved August 19, 1911 (Ga. L. 1911, p. 277), as amended, particularly by an Act approved April 2, 1998 (Ga. L. 1998, p. 4187), and an Act approved April 2, 1998 (Ga. L. 1998, p. 4189), is amended by adding Section 2D as follows:

"SECTION 2D. (a) The proviSions of Sections 2A and 2B of this Act notwithstanding, beginning January 1, 2009, the judge of the State Court of Jefferson County shall receive an annual salary of not less than $27,000.00 annually for the service of being judge, from the date of taking office through the fourth year of service. The judge of the State Court of Jefferson County, Georgia, shall be compensated at the rate of$33,000.00 annually, beginning with the fifth year of service through the eighth year of service. The judge of the State Court of Jefferson County shall be compensated at the rate of $39,000.00 annually, beginning with the ninth year of service through the twelfth year of service. The judge of the State Court of Jefferson County shall be compensated at the rate of $45,000.00 annually, beginning the thirteenth year of service and each year thereafter. (b) The provisions of Sections 2A and 2C of this Act notwithstanding, beginning January 1, 2009, the solicitor-general of the State Court of Jefferson County shall receive an annual salary of not less than $24,000.00 for the service of being solicitor-general, from the date of taking office through the fourth year of service. The solicitor-general of the State Court of Jefferson County, Georgia, shall be compensated at the rate of $30,000.00 annually, beginning with the fifth year of service through the eighth year of service. The solicitor-general of the State Court of Jefferson County shall be compensated at the rate of $36,000.00 annually, beginning with the ninth year of service through the twelfth year of

GEORGIA LAWS 2007 SESSION

4091

service. The solicitor-general of the State Court of Jefferson County shall be compensated at the rate of $42,000.00 annually, beginning the thirteenth year of service and each year thereafter. (c) All previous years of service as either solicitor-general or judge or both of the State Court of Jefferson County, Georgia, shall be included in calculating that individual's rate of compensation."

SECTION 2. This Act shall become effective on January 1, 2009.

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 2007 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Jefferson County, formerly the City Court of Louisville, approved August 19, 1911 (Ga. L. 1911, p. 277), as amended, particularly by an Act approved April 2, 1998 (Ga. L. 1998, p. 4187), and an Act approved April2, 1998 (Ga. L. 1998, p. 4189); and for other purposes.
This 28th day of February, 2007.
Senator J. B. Powell 23rd District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. B. Powell, who on oath deposes and says that he is the Senator from District 23 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the News and Farmer which is the official organ of Jefferson County on March 8, 2007, and that the notice requirements of Code Section 28-1-14 have been met.
s/ J. B. POWELL J. B. Powell Senator, District 23

4092

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Sworn to and subscribed before me, this 14th day of March 2007.

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

Approved May 29, 2007.

FULTON COUNTY- JUDGES OF SUPERIOR COURT; COMPENSATION.
No. 273 (Senate Bill No. 312).
AN ACT
To amend an Act to supplement the salaries of the judges of the Superior Court of Fulton County, approved March 8, 1945 (Ga. L. 1945, p. 1076), as amended, so as to increase the amount of such supplement; 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 supplement the salaries of the judges of the Superior Court of Fulton County, approved March 8, 1945 (Ga. L. 1945, p. 1076), as amended, is amended by revising Section 1 of the Act as follows:
"SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Board of County Commissioners of Fulton County, or such other board or persons as may from time to time exercise the administrative power of Fulton County, shall pay to each of the judges of the Superior Court of Fulton County, in addition to the salaries paid by the state, the sum of $41,932.33 per annum; payable in equal monthly installments; and the amounts so paid are declared to be part of the court expenses of said county."
SECTION 2. This Act shall become effective on January 1, 2008.

GEORGIA LAWS 2007 SESSION
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

4093

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to amend an Act to supplement the salaries of the judges of the Superior Court of Fulton County, approved March 8, 1945 (Ga. L. 1945, p. 1076), as amended, so as to increase the amount of such supplement; to provide for related matters; to provide an effective date; and for other purposes.
This 23rd day of Feb. 2007
SENATOR DAVID SHAFER 48TH DISTRICT
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, David J. Shafer, who on oath deposes and says that he is the Senator from District 48 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Daily Report which is the official organ of Fulton County on February 28, 2007, and that the notice requirements of Code Section 28-1-14 have been met.
s/ DAVID J. SHAFER David Shafer Senator, District 48
Sworn to and subscribed before me, this 19th day of March 2007.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2009 (SEAL)
Approved May 29,2007.

4094

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

DEKALB COUNTY- BOARD OF EDUCATION; COMPENSATION.

No. 274 (Senate Bill No. 308).

AN ACT

To amend an Act establishing the DeKalb County districts from which the members of the county board of education shall be elected, approved April 12, 1963 (Ga. L. 1963, p. 3424), as amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 4538), and an Act approved March 28, 1990 (Ga. L. 1990, p. 4540), so as to change the compensation of the members of the board of education; 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 establishing the DeKalb County districts from which the members of the county board of education shall be elected, approved April 12, 1963 (Ga. L. 1963, p. 3424), as amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 4538), and an Act approved March 28, 1990 (Ga. L. 1990, p. 4540), is amended by revising Section 9 in its entirety as follows:

"SECTION 9. (a) The chairperson and each member of the Board of Education of DeKalb County shall be paid $18,000.00 per year, at the rate of $1,500.00 per month, as compensation for services rendered and for attendance at all regular and special meetings of the board. (b) In addition to the salary provided in subsection (a) of this section, the chairperson and each member of the Board of Education of DeKalb County shall receive an expense allowance of $450.00 per month."

SECTION 2. This Act shall become effective on July 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 2007 session of the General Assembly of Georgia a bill to amend an Act establishing the DeKalb County districts from which the members of the county board of education shall be elected, approved April 12, 1963 (Ga. L. 1963, p. 3424), as amended, particularly by an Act approved March 19, 1987

GEORGIA LAWS 2007 SESSION

4095

(Ga. L. 1987, p. 4538), and by an Act approved March 28, 1990 (Ga.l990, p. 4540), so as to change the compensation ofthe members ofthe board of education; to provide an effective date; to repeal conflicting laws, and for other purposes.

This 1st day of March, 2007.

Senator Steve Henson 41st District

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Steve Henson, who on oath deposes and says that he is the Senator from District 41 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 March 15,2007, and that the notice requirements of Code Section 28-1-14 have been met.

s/ STEVE HENSON Steve Henson Senator, District 41

Sworn to and subscribed before me, this 19th day of March 2007.

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

Approved May 29, 2007.

FLOYD COUNTY -BOARD OF EDUCATION; COMPENSATION. No. 275 (Senate Bill No. 322). AN ACT
To amend an Act providing for the compensation of the members of the board of education of Floyd County, approved March 18, 1959 (Ga. L. 1959, p. 3203), as amended, so as to

4096

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

provide for the compensation of the members of such board of education; 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 compensation of the members of the board of education of Floyd County, approved March 18, 1959 (Ga. L. 1959, p. 3203), as amended, is amended by revising Section 1 as follows:

sECTION I. The chairperson and members of the board of education of Floyd County shall be compensated in the amount of $400.00 per month. All five members of the board shall be compensated for actual expenses incurred while traveling outside of Floyd County, if such travel is in the performance of duties as a member of the board."

SECTION 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to amend an Act providing for the compensation of the members of the board of education of Floyd County, approved March 18, 1959 (Ga. L. 1959, p. 3203), as amended; and for other purposes.
This 3rd day of April, 2007.
Honorable Preston W. Smith Senator, 52nd District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Preston W. Smith, who on oath deposes and says that he is the Senator from District 52 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Rome News-Tribune which is the official organ of

GEORGIA LAWS 2007 SESSION

4097

Floyd County on 5th day of April 2007, and that the notice requirements of Code Section 28-1-14 have been met.

s/ PRESTON W. SMITH Preston W. Smith Senator, District 52

Sworn to and subscribed before me, this lOth day of April2007.

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

Approved May 29,2007.

ATHENS-CLARKE COUNTY- STATE COURT; CHIEF JUDGE; DUTIES; COMPENSATION; ADDITIONAL JUDGE; CLERK.
No. 276 (House Bill No. 215).
AN ACT
To amend an Act establishing a City Court in the County of Clarke, formerly known as the State Court of Clarke County, Georgia, approved September 8, 1879 (Ga. L. 1878-79, p. 291), (now designated as the State Court of Athens-Clarke County, Georgia) as amended, so as to revise certain provisions relating to the office of the clerk of the State Court of Athens-Clarke County, Georgia; to provide for continuing the existing term of the present judge of said court; to provide that the present judge of the court be designated chiefjudge; to provide that the current compensation of the present judge of the court shall be the compensation to be paid to the chief judge of said court; to add a judge to said court; to provide for the appointment, election, term of office, and compensation of said additional judge and for the election of successors to such judge; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

4098

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 1. An Act establishing a City Court in the County of Clarke, formerly known as the State Court of Clarke County, Georgia, approved September 9, 1879 (Ga. L. 1878-79, p. 291), as amended, is revised by adding a new Section II to read as follows:
"Section II. The Judge in office on July 1, 2007, shall continue to serve the term of office for which he was elected and is now serving. Such Judge is to be designated as Chief Judge on July 1, 2007. The Chief Judge is that Judge who has the primary responsibility for the administration of the operations of said Court, including but not limited to, budget, scheduling, policies, and rules ofthe Court. Successor ChiefJudges shall be the Judge who has the most years of continuous service in the State Court of Athens-Clarke County. The Chief Judge shall be compensated as provided in Section XLI of this Act. Effective July 1, 2007, there shall be an additional Judge of the State Court of Athens-Clarke County. The additional Judge shall be appointed by the Governor for an initial term of office ending on December 31, 2008, and until his or her successor is elected and qualified. Future successors shall be elected at the general election conducted immediately prior to the expiration of the term of office, and they shall take office on the first day of January following their election and shall serve for a term of office of four years and until their successors are duly elected and qualified. Said additional Judge shall have and may exercise all powers, duties, jurisdictions, privileges, and immunities of the present Judges of the State Court of Athens-Clarke County. Any of the Judges of said Court may preside over any cause and perform any official act as Judge thereof. Such second Judge, and all successor Judges to such position, shall be compensated as provided in Section XLI of this Act. Upon request of the Chief Judge, the governing authority of Athens-Clarke County is authorized to furnish the additional Judge with suitable courtroom space and facilities, office space, office equipment, supplies, and such personnel as may be considered necessary by the Court to the proper function of the Court. All of these expenditures are declared to be an expense of court and payable out of the Athens-Clarke County treasury as such."

SECTION 2. Said Act is further amended by revising Section V to read as follows:
"Section V. The Clerk and Sheriff, and their deputies, of the Superior Court of Athens-Clarke County, Georgia, shall be ex-officio Clerk, Sheriff, and deputies, of said State Court of Athens-Clarke County, and for services rendered in the State Court of Athens-Clarke County, shall be entitled to the same fees as are allowed them, by law, in the Superior Court of Athens-Clarke County, and shall discharge the same duties, and be subject to the same obligations and penalties."

SECTION 3. Said Act is further amended by revising Section XLI to read as follows:

GEORGIA LAWS 2007 SESSION

4099

'Section XLI. Any other provisions of this Act to the contrary notwithstanding, no Judge of the State Court of Athens-Clarke County shall be permitted to engage in the private practice of law. The Chief Judge of such Court shall be paid an annual salary equal to the sum of 90 percent of the annual base salary of a Judge of the Superior Courts of this State plus 90 percent of the annual amount of any supplement paid by the governing authority of Athens-Clarke County to the Judges of the Superior Court of said county. The Judge filling the second judicial position created in Section II of this Act, and any other Judge added to the Court thereafter, shall be paid an annual salary equal to the sum of 90 percent of the annual base salary of a Judge of the Superior Courts of this State plus 50 percent of the annual amount of any supplement paid by the governing authority of Athens-Clarke County to the Judges of the Superior Court of said county. In addition to the salary provided for the Judges of the State Court of Athens-Clarke County in this section, the governing authority of Athens-Clarke County shall pay on behalfofeach Judge of the State Court of Athens-Clarke County a sum equal to the contribution required for judges by the Georgia Judicial Retirement System created by Chapter 23 of Title 47 ofthe O.C.G.A. The governing authority of Athens-Clarke County is hereby authorized to provide the compensation specified in this section by the adoption of a resolution providing for such compensation sums. The compensation paid to such Judges shall be an expense of said Court.'

SECTION 4. This Act shall become effective on July I, 2007, except that the Governor is authorized to appoint the additional judge added by Section I of this Act prior to July I, 2007, but any person so appointed shall not take office until July I, 2007.

SECTION 5. 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 2007 session of the General Assembly of Georgia, a bill to Amend an Act establishing the City Court in the County of Clarke, approved September 9, 1879 (Ga. L. 1878-79, p. 291), as amended, now known as the State Court of Athens-Clarke County, as re-designated by an Act approved March 2, 1990 (Ga. L. 1990, p. 3560), so as to provide for continuing the existing term of the present Judge of said Court; to provide that the present Judge of the Court be designated Chief Judge as defined in the proposed legislation; to provide that the current compensation ofthe present Judge of the Court shall be compensation to be paid to the Chief Judge of said Court; to add a Judge to said Court; to provide for the appointment, election, term of office, and compensation of said additional Judge and for the election of successors to such Judge; to

4100

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

repeal certain provisions related to the Clerk of State Court; to provide for related matters; to provide an effective date; repeal conflicting laws; and for other purposes.

This 5th day of January, 2007.

Keith Heard Representative, !14th District

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Keith Heard, who on oath deposes and says that he is the Representative from District 114 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Athens Banner Herald which is the official organ of Clarke County on January 5, and that the notice requirements of Code Section 28-1-14 have been met.

s/ KEITH HEARD Keith Heard Representative, District 114

Sworn to and subscribed before me, this 30th day of January, 2007.

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

Approved May 29, 2007.

TOWN OF BRASELTON- COMMUNITY IMPROVEMENT DISTRICTS.
No. 277 (House Bill No. 315).
AN ACT To provide for the creation of one or more community improvement districts in the Town of Braselton; to provide for a short title; to provide for the purposes of said district or districts;

GEORGIA LAWS 2007 SESSION

4101

to provide for definitions; to provide for a board to administer said district or districts; to provide for the appointment and election of members of said board or boards; to provide for taxes, fees, and assessments; to provide for establishment of the boundaries of said district or districts; to provide for a tax cap; to specify conditions whereby the continued existence of the district or districts or the continued existence ofany one or more of the powers granted to the district or districts may be terminated; to provide procedures for termination of the district or districts; to provide for the alteration of district boundaries and the practices, procedures, and requirements related thereto; to provide for debt of said district or districts; to provide for cooperation with local governments; to provide for powers of said boards; to provide for notes and other obligations of said district or districts; to provide for authorized contents of agreements and instruments of the board generally, use of proceeds of notes or other obligations, and subsequent issues of notes or other obligations; to provide for construction; to provide that no notice, proceeding, publication, or referendum shall be required; to provide for dissolution; to provide the procedures connected with all of the foregoing; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. This Act shall be referred to as the "Town of Braselton Community Improvement District Act."

SECTION 2. Purpose.

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

4102

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(5) Such other services and facilities as may be provided for by general law or as the Georgia Constitution may authorize or provide now or hereafter.

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 of livestock or poultry, and the operation of dairies, horse boarding facilities, and riding stables. (2) "Board" means the governing body created for the governance of a community improvement district herein authorized. (3) "Caucus of electors" means the meeting of electors hereinafter provided for at which the elected board members of the district are elected. A quorum at such caucus shall consist of those electors present, and a majority of those present and voting is necessary to elect board members. No proxy votes may be cast. (4) "District" means the geographical area designated as such by the resolution of the governing body of the Town of Braselton consenting to the creation of the community improvement district or districts or as thereafter modified by any subsequent resolution of the governing body or bodies within which the district is or is to be located, or a body corporate and politic being a community improvement district created and activated pursuant hereto, as the context requires or permits. (5) "Electors" means the owners of real property within the given district which is subject to taxes, fees, and assessments levied by the board, as they appear on the most recent ad valorem real property tax return records of Jackson, Barrow, Gwinnett, and Hall County (as applicable), or one officer or director of a corporate elector, one trustee of a trust which is an elector, one partner of a partnership elector, or one designated representative of an elector whose designation is made in writing to the respective county tax commissioner and the Town Clerk of the Town of Braselton at least ten days prior to an election. An owner of property that is subject to taxes, fees, or assessments levied by the board shall have one vote for an election based on numerical majority. An owner of multiple parcels has one vote, not one vote per parcel, for an election based on numerical majority. Multiple owners ofone parcel have one vote for an election based on numerical majority which must be cast by one of their number who is designated in writing. (6) "Equity electors" means electors who cast votes equal to each $1,000.00 value of all owned real property within the given district which is then subject to taxes, fees, and assessments levied by the board. Value of real property shall be the assessed value. (7) "Forestry" means the planting and growing of trees for sale in a program which includes reforestation of harvested trees, regular underbrush and undesirable growth clearing, fertilizing, pruning, thinning, cruising, and marking which indicate an active tree farming operation. The term does not include the casual growing of trees on land

GEORGIA LAWS 2007 SESSION

4103

otherwise idle or held for investment, even though some harvesting of trees may occur thereon. (8) "Hereby," "herein," "hereunder," and "herewith" mean under this Act. (9) "Mayor" means the mayor of the Town of Braselton. (10) "Project" means the acquisition, construction, installation, modification, renovation, or rehabilitation of land, interests in land, buildings, structures, facilities, or other improvements, including operation of facilities or other improvements, located or to be located within or otherwise providing service to the district and the acquisition, installation, modification, renovation, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvements for the purposes set forth in Section 2 of this Act. (11) "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 the respective county within the district as certified by the respective County Tax Commissioner. (12) "Property used nonresidentially" means property or any portion thereof used for neighborhood shopping, planned shopping centers, general commercial, transient lodging facilities, tourist services, office or institutional, office services, light industry, heavy industry, central business district, parking, or other commercial or business use or vacant land zoned or approved for any of the aforementioned uses which do not include residential. (13) "Residential" means a specific structure, work, or improvement undertaken primarily to provide either single family or multifamily dwelling accommodations for persons and families of four units or less, and for which an application for homestead exemption has been filed and accepted. (14) "Taxpayer" means an entity or person paying ad valorem taxes on real property, whether on one or more parcels of property 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. (15) "Town council" means the Town Council of the Town of Braselton. (16) "Town governing authority or body" means the Town Council and the Mayor. (17) "Value" or "assessed value" of property means the values established in the most recent ad valorem tax reassessment of such properties certified by the respective County Board of Tax Assessors.

SECTION 4. Creation.

Pursuant to Article IX, Section VII of the Constitution of the State of Georgia, there is created one or more community improvement districts to be located in the Town of

4104

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Braselton, Georgia, wholly within the incorporated area thereof, which shall be activated upon compliance with the conditions set forth in this section. Each district, if more than one are implemented, shall be governed as directed by this Act. The conditions for such activation shall be:
(1) The adoption of a resolution consenting to the creation of the community improvement district or districts by the governing authority for the Town of Braselton and imposing such conditions on the projects and activities which may be undertaken as will ensure their compatibility with adopted Town policies and planning for the area; and (2) The written consent to the creation of the community improvement district by:
(A) A majority of the owners of real property within the given district which will be subject to taxes, fees, and assessments levied by the board of the given district; and (B) The owners of real property within the given district which constitutes at least 75 percent by value of all real property within the district which will be subject to taxes, fees, and assessments levied by the board. For this purpose, value shall be determined by the most recent approved county ad valorem tax digest. The written consent provided for in this paragraph shall be submitted to the respective county tax commissioner, who shall certify whether subparagraphs (A) and (B) of this paragraph have been satisfied with respect to such proposed district. The district or districts or respective board or boards created under this Act shall not transact any business or exercise any powers under this Act until the foregoing conditions are met. A copy of such resolutions shall be filed with the Secretary of State and with the Town Clerk of the Town of Braselton, who shall each maintain a record of the district activated under this Act. Nothing contained herein shall limit the ability of the governing authority of the Town of Braselton to implement more than one community improvement district so long as the requirements hereof and of the Georgia Constitution are satisfied. The provisions of this Act shall be construed so as to provide for the independent application and exercise of all powers for each district contained herein including the ability to levy taxes as outlined herein as separately and independently authorizing and empowering such separate community improvement districts created hereby. Nothing contained herein shall require the governing authority of the Town of Braselton to create more than one community improvement district, or to require the creation of a new district if the district boundaries of an existing district are changed, added to, supplemented, or modified.

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

Each district created pursuant hereto shall be administered either by the governing authority or by a board as prescribed under this Act. In the event that a district is to be governed by such a board, the board shall be composed of a minimum of seven board members to be appointed and elected as hereinafter provided:

GEORGIA LAWS 2007 SESSION

4105

(I) Two board members shall be appointed by the Mayor of the Town of Braselton, and confirmed by a majority of the Town council, one of whom shall be a member of the Town council, to serve in posts 6 and 7. Two board members shall be elected by the vote of electors, and three members shall be elected by the vote of equity electors. The members representing the electors and equity electors shall be elected to serve in post positions 1 through 5, respectively. Each elected board member must receive a majority of the votes cast for the post for which he or she is a candidate. Votes for posts I and 2 shall be cast by electors, and votes for posts 3, 4, and 5 shall be cast by the equity electors. The initial term of office for the members representing posts I and 3 shall be one year. The initial term ofoffice for the members representing posts 2 and 5 shall be two years, and the initial term of office of the members representing post 3 shall be three years. Thereafter, all terms ofoffice shall be for four years, except the appointed board members who shall serve at the pleasure of the appointing body which appointed him or her. Elected board members shall be subject to recall in the same manner as elected. (2) The initial board members to be elected as provided in paragraph (I) of this section shall be elected in a caucus of electors which shall be held within 120 days after the adoption of the resolution by the Town of Braselton consenting to the creation of the district, and the obtaining of the written consents herein provided at such time and place within the district as the Town of Braselton shall designate after notice thereof shall have been given to said electors by publishing same in the legal organ of the respective county as hereinafter provided. Thereafter, there shall be conducted annually, not later than 120 days following the last day for filing ad valorem real property tax returns in the respective 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 the respective county at least once each week for four weeks prior to such election. (3) Board members shall receive no compensation for their services, but shall be reimbursed for actual expenses reasonably incurred in the performance of their duties. They shall elect one of their number as chairperson and another as vice chairperson. They shall also elect a secretary and a treasurer, or a secretary/treasurer, either of whom may, but need not, be a member of the board or an elector. (4) If the boundaries of a district are subsequently changed after creation of the district to include land within a municipality which was not a party to the creation of the district, or if a municipality's boundaries are changed to include land within an existing district, the governing authority of the municipality shall acquire the right to appoint a member to the board ofthe district upon entering into the cooperation agreement provided for in Section 9

4106

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

of this Act. If, by municipal annexation or by de-annexation of land from a district, the district no longer includes land within the incorporated area of the Town of Braselton or within a municipality, respectively, then the board member ofthe district appointed by such governing authority in which the district is no longer located shall cease to be a board member. (5) Chapter 2 of Title 21 of the O.C.G .A., the "Georgia Election Code," shall not apply to the election of district board members. Should a vacancy in office of a district board member occur, and the regular caucus of electors is more than six months in the future, a special election shall be called to fill such vacancy, unless it is filled by appointment as hereinabove required. 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 of Georgia; all property used for residential, agricultural, or forestry purposes; and all tangible personal property and intangible property. Any tax, fee, or assessment so levied shall not exceed 2.5 percent of the aggregate assessed value of all such real property, subject to such limitations as the governing authority for the Town of Braselton may implement with the adoption of the resolution consenting to the creation of said district. The taxes, fees, and assessments levied by the board shall be equitably apportioned among the properties subject to such taxes, fees, and assessments according to the need for governmental services and facilities created by the degree of density of development of each such property. The proceeds of taxes, fees, and assessments levied by the board shall be used only for the purpose of providing those governmental services and facilities set forth in Section 2 of this Act which are specially required by the degree of density of development within the district and not for the purpose of providing those governmental services and facilities provided to the municipality as a whole. Any tax, fee, or assessment so levied shall be collected by the Town of Braselton in the same manner as taxes, fees, and assessments are levied by the Town of Braselton. Delinquent taxes shall bear the same interest and penalties as Town of Braselton ad valorem taxes and may be enforced and collected in the same manner. The proceeds of taxes, fees, and assessments so levied, less a fee to cover the costs of collection of 0.25 percent thereof, but not more than $10,000.00 in any one calendar year, shall be transmitted as soon as they are acquired by the Town of Braselton to the board, and shall be expended by the board only for the purposes authorized hereby. (b) The board shall levy the taxes provided for in subsection (a) of this section subsequent to the report of the assessed taxable values for the current calendar year and notify in writing

GEORGIA LAWS 2007 SESSION

4107

the collecting governing bodies so they may include the levy on their regular ad valorem tax bills, if possible. (c) There shall be a segregation of all funds from the levy of taxes, fees, and assessments as described hereunder for the district, and neither the Town of Braselton nor the respective county tax commissioner shall expend for any purpose not authorized by the board of this district any such taxes, fees, or charges assessed and collected hereunder except for such costs as may be attributed to the billing and collection of such fees, levies, and assessments. (d) If, but for this provision, a parcel of real property is removed from a district or otherwise would become nontaxable, it shall continue to bear the tax millage levied by the district then extant upon such parcel for indebtedness of the district then outstanding until said indebtedness is paid or refunded.

SECTION 7. Boundaries of the district.

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

SECTION 8. Debt.

Except as otherwise provided in this section, the district may incur debt without regard to the requirements ofArticle IX, Section V ofthe Constitution ofthe 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; provided, however, that the board and the district may not issue bonds validated under or in accordance with Article 3 of Chapter 82 of Title 36 of the O.C.G.A., known as the "Revenue Bond Law," or in accordance with such other successor provisions governing bond validation generally or as may be provided by law.

4108

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 9. Cooperation with local governments.

The services and facilities provided pursuant hereto may be provided for in a cooperation agreement executed jointly by the board, the governing body of the Town of Braselton, and any municipalities and other governmental authorities or agencies within which the district is partially located. The provisions of this section shall in no way limit the authority of the Town of Braselton or any such municipality or any such authority to provide services or facilities within the district; and the Town of Braselton 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.

SECTION 10. Powers.

(a) The district and the board created pursuant hereto shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions hereof, including, without limiting the generality of the foregoing, the power to:
(I) Bring and defend actions; (2) Adopt and amend a corporate seal; (3) Make and execute contracts, agreements, and other instruments necessary or convenient to exercise the powers of the board or to further the public purposes for which the district is created including, but not limited to, contracts for construction of projects, leases of projects, contracts for sale of projects, agreements for loans to finance projects, contracts with respect to the use of projects, and agreements with other jurisdictions or community improvement districts regarding multijurisdictional projects or services or for other cooperative endeavors to further the public purposes of the district; (4) Acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character, or any interest therein, in furtherance of the public purposes of the district; (5) Finance (by loan, private grant, lease, or otherwise), construct, erect, assemble, purchase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend, improve, install, sell, equip, expand, add to, operate, or manage projects and to pay the cost of any project from the proceeds of the district or any other funds of the district, or from any contributions or loans by persons, corporations, partnerships (whether limited or general), or other entities, all of which the board is authorized to receive, accept, and use;

GEORGIA LAWS 2007 SESSION

4109

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

4110

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

for any such property in any manner as it deems to be the best advantage of the district and the public purposes thereof; (15) Appoint, select, and employ engineers, surveyors, architects, urban or Town planners, fiscal agents, attorneys, and others and to fix their compensation and pay their expenses; ( 16) Encourage and promote the improvement and development of the district and to make, contract for, or otherwise cause to be made long range plans or proposals for the district in cooperation with the Town ofBraselton and any municipal corporations in which the district is wholly or partially located; (17) Invest its funds, whether derived from the issuance of its bonds or otherwise, in such manner as it may deem prudent and appropriate, without further restriction; (18) Adopt bylaws governing the conduct ofbusiness by the board, the election and duties of officers of the board, and other matters which the board determines to deal with in its bylaws; (19) Exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purposes of the district; and (20) Do all things necessary or convenient to carry out the powers conferred hereby. (b) The powers enumerated in subsection (a) ofthis section are cumulative of and in addition to those powers enumerated herein and elsewhere in this Act, and no such power limits or restricts any other power of the board except where expressly noted.

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

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

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

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

SECTION 13. Dissolution.

(a) A district activated under the provisions of this Act may be dissolved upon the occurrence of any of the following:

GEORGIA LAWS 2007 SESSION

4111

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

SECTION 14. Repealer.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Pursuant to Article III, Section V, Paragraph IX of the Constitution of the State of Georgia of 1983 and O.C.G .A. 28-1-14, notice is given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to provide the creation of one or

4112

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

more community improvement districts in the Town of Braselton; to provide for a board to administer said districts, to provide for establishment of boundaries of such district, to provide for tax, fees, and assessments, to provide for debt of said district, to provide for the use of any proceeds, to provide for applicability; to provide effective dates; to repeal conflicting laws; and for other purposes.

This 2nd day of January, 2007.

CHANDLER, BRITT, JAY & BECK, LLC TOWN ATTORNEYS

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommy Benton, who on oath deposes and says that he is the Representative from District 31 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Times which is the official organ of Hall County on January 10, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

s/ TOMMY BENTON Tommy Benton Representative, District 31

Sworn to and subscribed before me, this 26th day of January, 2007.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Pursuant to Article III, Section V, Paragraph IX of the Constitution of the State of Georgia of 1983 and O.C.G.A. 28-1-14, notice is given that there will be introduced at the regular 2007 session of the General Assembly of Georgia: I) A bill to allow the Town of Braselton the ability to exercise redevelopment powers as more specifically set forth at O.C.G.A. 36-44-1 et seq; to provide for applicability; 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. 2) A bill to provide the creation of one or more community improvement districts in the Town of Braselton; to provide for a board to

GEORGIA LAWS 2007 SESSION

4113

administer said districts, to provide for establishment of boundaries of such district, to provide for tax, fees, and assessments, to provide for debt of said district, to provide for the use of any proceeds, to provide for applicability; to provide effective dates; to repeal conflicting laws; and for other purposes.

This 2nd day of January, 2007.

CHANDLER, BRITT, JAY & BECK, LLC TOWN ATTORNEYS

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommy Benton, who on oath deposes and says that he is the Representative from District 31 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Jackson Herald which is the official organ of Jackson County on January I 0, 2007, and that the notice requirements ofCode Section 28-1-14 have been met.

s/ TOMMY BENTON Tommy Benton Representative, District 31

Sworn to and subscribed before me, this 26th day of January 2007.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Pursuant to Article III, Section V, Paragraph IX of the Constitution of the State of Georgia of 1983 and O.C.G.A. 28-1-14, notice is given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to provide the creation of one or more community improvement districts in the Town of Braselton; to provide for a board to administer said districts, to provide for establishment of boundaries of such district, to provide for tax, fees, and assessments, to provide for debt of said district, to provide for the use of any proceeds, to provide for applicability; to provide effective dates; to repeal conflicting Jaws; and for other purposes.

4114

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

This 2nd day of January, 2007.

CHANDLER, BRITT, JAY & BECK, LLC TOWN ATTORNEYS

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommy Benton, who on oath deposes and says that he is the Representative from District 31 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily Post which is the official organ of Gwinnett County on January I 0, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

s/ TOMMY BENTON Tommy Benton Representative, District 31

Sworn to and subscribed before me, this 26th day of January, 2007.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Pursuant to Article III, Section V, Paragraph IX of the Constitution of the State of Georgia of 1983 and O.C.G .A. 28-1-14, notice is given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to provide the creation of one or more community improvement districts in the Town of Braselton; to provide for a board to administer said districts, to provide for establishment of boundaries of such district, to provide for tax, fees, and assessments, to provide for debt of said district, to provide for the use of any proceeds, to provide for applicability; to provide effective dates; to repeal conflicting laws; and for other purposes.

This 2nd day of January, 2007.

CHANDLER, BRITT, JAY & BECK, LLC TOWN ATTORNEYS

GEORGIA LAWS 2007 SESSION GEORGIA, FULTON COUNTY

4115

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommy Benton, who on oath deposes and says that he is the Representative from District 31 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Barrow County News which is the official organ of Barrow County on January I 0, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

s/ TOMMY BENTON Tommy Benton Representative, District 31

Sworn to and subscribed before me, this 26th day of January, 2007.

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

Approved May 29,2007.

TOWN OF BRASELTON- REDEVELOPMENT POWERS; REFERENDUM.
No. 278 (House Bill No. 312).
AN ACT
To authorize the Town of Braselton to exercise all redevelopment and other powers under Article IX, Section II, Paragraph Vll(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:

4116

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 1. The Town of Braselton 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 Town of Braselton 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 of the State of Georgia of 1983, as amended, and to authorize the Town of Braselton to exercise redevelopment powers as fully as the "Redevelopment Powers Law" may now or hereafter permit and not to limit any redevelopment powers permitted under the "Redevelopment Powers Law."

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the Town of Braselton shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Town of Braselton for approval or rejection. The election superintendent shall conduct that election on a date allowed under Georgia law as determined by the governing authority and as provided under Code Section 21-2-540 of the O.C.G.A., and shall issue the call and conduct that election as provided by general law. The 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 the Town of Braselton. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act be approved which authorizes the Town of Braselton to exercise redevelopment powers under the 'Redevelopment Powers Law,' as it may be amended from time to time, in furtherance of revitalizing and redeveloping certain areas within the corporate limits of the Town of Braselton?"

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

GEORGIA LAWS 2007 SESSION

4117

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

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Pursuant to Article III, Section V, Paragraph IX of the Constitution of the State of Georgia of 1983 and O.C.G .A. 28-1-14, notice is given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to allow the Town of Braselton the ability to exercise redevelopment powers as more specifically set forth at O.C.G.A. 36-44-1 et seq; to provide for applicability; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances, to repeal conflicting laws; and for other purposes.
This 2nd day of January, 2007.
CHANDLER, BRITT, JAY & BECK, LLC TOWN ATTORNEYS
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommy Benton, who on oath deposes and says that he is the Representative from District 31 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Barrow County News which is the official organ of Barrow County on January 10, 2007, and that the notice requirements of Code Section 28-1-14 have been met.
s/ TOMMY BENTON Tommy Benton Representative, District 31
Sworn to and subscribed before me, this 26th day of January, 2007.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia

4118

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

My Commission Expires Nov. 18,2009 (SEAL)

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Pursuant to Article III, Section V, Paragraph IX of the Constitution of the State of Georgia of 1983 and O.C.G .A. 28-1-14, notice is given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to allow the Town of Braselton the ability to exercise redevelopment powers as more specifically set forth at O.C.G .A. 36-44-1 et seq; to provide for applicability; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances, to repeal conflicting laws; and for other purposes.

This 2nd day of January, 2007.

CHANDLER, BRITT, JAY & BECK, LLC TOWN ATTORNEYS

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommy Benton, who on oath deposes and says that he is the Representative from District 31 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Times which is the official organ of Hall County on January 10, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

s/ TOMMY BENTON Tommy Benton Representative, District 31

Sworn to and subscribed before me, this 26th day of January, 2007.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Pursuant to Article III, Section V, Paragraph IX of the Constitution of the State of Georgia of 1983 and O.C.G.A. 28-1-14, notice is given that there will be introduced at the regular

GEORGIA LAWS 2007 SESSION

4119

2007 session of the General Assembly of Georgia a bill to allow the Town of Braselton the ability to exercise redevelopment powers as more specifically set forth at O.C.G .A. 36-44-1 et seq; to provide for applicability; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

This 2nd day of January, 2007.

CHANDLER, BRITT, JAY & BECK, LLC TOWN ATTORNEYS

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommy Benton, who on oath deposes and says that he is the Representative from District 31 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily Post which is the official organ of Gwinnett County on January 10, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

sf TOMMY BENTON Tommy Benton Representative, District 31

Sworn to and subscribed before me, this 26th day of January, 2007.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Pursuant to Article III, Section V, Paragraph IX of the Constitution of the State of Georgia of 1983 and O.C.G .A. 28-1-14, notice is given that there will be introduced at the regular 2007 session of the General Assembly of Georgia: 1) A bill to allow the Town of Braselton the ability to exercise redevelopment powers as more specifically set forth at O.C.G.A. 36-44-1 et seq; to provide for applicability; 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. 2) A bill to provide the creation of one or more

4120

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

community improvement districts in the Town of Braselton; to provide for a board to administer said districts, to provide for establishment of boundaries of such district, to provide for tax, fees, and assessments, to provide for debt of said district, to provide for the use of any proceeds, to provide for applicability; to provide effective dates; to repeal conflicting laws; and for other purposes.

This 2nd day of January, 2007.

CHANDLER, BRITT, JAY & BECK, LLC TOWN ATTORNEYS

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommy Benton, who on oath deposes and says that he is the Representative from District 31 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Jackson Herald which is the official organ of Jackson County on January 10, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

s/ TOMMY BENTON Tommy Benton Representative, District 31

Sworn to and subscribed before me, this 26th day of January, 2007.

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

Approved May 29,2007.

GEORGIA LAWS 2007 SESSION
WAYCROSS AND WARE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY- ISSUANCE OF BONDS.

4121

No. 279 (House Bill No. 325).

AN ACT

To amend an Act creating the Waycross and Ware County Industrial Development Authority, approved March 7, 1955 (Ga. L. 1955, p. 2840), as amended, so as to change certain provisions relating to issuance of revenue bonds by the authority; to provide for construction; 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 Waycross and Ware County Industrial Development Authority, approved March 7, 1955 (Ga. L. 1955, p. 2840), as amended, is amended by revising subsection (I) of Section 6 as follows:
"(1) To issue revenue bonds for the purpose of paying all or any part of the cost of any project of the authority. Such revenue bonds shall be issued in accordance with Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the 'Revenue Bond Law'; provided, however, that as a precondition to the authority availing itselfof any procedures or powers under the Revenue Bond Law for purposes of an undertaking that is a landfill as defined by Code Section 12-8-22 of the O.C.G.A., such proposal shall be subject to approval by a majority of the qualified voters of Ware County voting upon the question in a referendum held and conducted in the same manner and subject to the same procedures as required by Code Sections 36-82-1 and 36-82-2 of the O.C.G .A. for approval of bonded debt of political subdivisions, and, absent such approval, such procedures or powers shall not be initiated or exercised."

SECTION 2. This Act shall not be applied to impair an obligation of any valid contract entered into prior to the effective date of this Act.

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.

4122

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 2007 session of the General Assembly of Georgia a bill to amend an Act to create the Waycross and Ware County Industrial Development Authority, approved March 7, 1955 (Ga. L. 1955, p. 2840), as amended; and for other purposes.

This 1st day of February, 2007.

J. Mark Hatfield Georgia State Representative District 177 Room 404 Coverdell Legislative Office Building Capitol Square Atlanta, Georgia 30334 (404) 656-0 I 09

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 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 February 2, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

s/ J. MARK HATFIELD 1. Mark Hatfield Representative, District 177

Sworn to and subscribed before me, this 8th day of February 2007.

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

Approved May 29, 2007.

GEORGIA LAWS 2007 SESSION

4123

CITY OF FLOWERY BRANCH- REDEVELOPMENT POWERS; REFERENDUM.

No. 280 (House Bill No. 371).

AN ACT

To authorize the City of Flowery Branch to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII of the Constitution and Chapter 44 of Title 36 of the O.C.G .A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. The City of Flowery Branch 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 Flowery Branch to undertake and carry out community redevelopment, to create tax allocation districts, to issue tax allocation bonds, and to incur other obligations within the meaning of and as fully permitted under the provisions of Article IX, Section II, Paragraph VII of the Constitution of the State of Georgia of 1983, as amended, and to authorize the City of Flowery Branch to exercise redevelopment powers as fully as the "Redevelopment Powers Law" may now or hereafter permit and not to limit any redevelopment powers permitted under the "Redevelopment Powers Law."

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Flowery Branch 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 Flowery Branch for approval or rejection. The election superintendent shall conduct that election on a date during 2007, as determined by the governing authority and as provided under Code Section 21-2-540 of the O.C.G.A., and shall issue the call and conduct that election as provided by general law. The 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 the City of Flowery Branch. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which authorizes the City of Flowery Branch to exercise redevelopment powers under the 'Redevelopment Powers Law,' as
( ) NO it may be amended from time to time?''

4124

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section I of this Act shall become of full force and effect immediately. If Section I of this Act is not so approved or if the election is not conducted as provided in this section, Section I of this Act shall not become effective and this Act shall be automatically repealed on the first day of January, 2008. The expense of such election shall be borne by the City of Flowery Branch. 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 2007 session of the General Assembly of Georgia a bill to authorize the City of Flowery Branch to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII of the Constitution and Chapter 44 ofTitle 36 ofthe O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
This 17 day of January, 2007.
Representative James Mills 25th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James Mills, who on oath deposes and says that he is the Representative from District 25 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Times which is the official organ of Hall County on January 18,2007, and that the notice requirements of Code Section 28-1-14 have been met.
sf JAMES MILLS James Mills Representative, District 25

GEORGIA LAWS 2007 SESSION
Sworn to and subscribed before me, this 31st day of January 2007.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 29, 2007.

4125

CRISP COUNTY- BOARD OF EDUCATION; COMPENSATION.
No. 281 (House Bill No. 406).
AN ACT
To amend an Act providing for a merger of the independent school system of the City of Cordele and the school districts in the County of Crisp lying outside the corporate limits of said City, approved February 11, 1957 (Ga. L. 1957, p. 2066), as amended, so as to change the compensation of members of the Crisp County Board of Education; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for a merger of the independent school system of the City of Cordele and the school districts in the County of Crisp lying outside the corporate limits of said City, approved February 11, 1957 (Ga. L. 1957, p. 2066), as amended, is amended by revising the first sentence in the last undesignated paragraph of Section 5 to read as follows:
"Each member of the board shall be compensated in the amount of$125.00 for each day of attendance at meetings of the board and training sessions and conferences approved by the board."
SECTION 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.

4126

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to increase the compensation of members of the Crisp County Board of Education to $125.00 for each day of attendance at meetings of the board and training sessions and conferences approved by the board, and for other purposes.
February 6, 2007
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Johnny Floyd, who on oath deposes and says that he is the Representative from District 147 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Cordele Dispatch which is the official organ of Crisp County on February 6, 2007, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JOHNNY FLOYD Johnny Floyd Representative, District 147
Sworn to and subscribed before me, this 13th day of February 2007.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 29, 2007.

GEORGIA LAWS 2007 SESSION CITY OF DARIEN- CORPORATE LIMITS.

4127

No. 282 (House Bill No. 409).

AN ACT

To amend an Act creating a new charter for the City of Darien, approved May 5, 2006 (Ga. L. 2006, p. 4328), 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 Darien, approved May 5, 2006 (Ga. L. 2006, p. 4328), is amended by adding a new subsection to Section 1.1 to read as follows:
"(c) In addition to the area now embraced within the corporate limits of the City of Darien, the following described property shall be included within said corporate limits:
Beginning at a point (I) mile from the Courthouse door and the center of a tributary of Black Island Creek near North Latitude 31 degrees 22 minutes 04 seconds, West Longitude 81 degrees 25 minutes 03 seconds, Thence along the center of the creek in a southeasterly direction to the westerly bank of Black Island Creek, Thence following Black Island Creek across Pico Cut to the Darien River, Thence across said River to the North bank or shore line of Rhett's Island, and along said shore line Eastward to Three Mile Cut, Thence along the center of three mile cut to the North bank of the Altamaha River, thence continuing across the river to the Northern shore of Broughton Island, thence Eastward along One Mile Cut to the North Bank of Buttermilk Sound and the East shore of Broughton Island, Thence continuing in the same direction to the Mcintosh, Glynn County Line near North Latitude 31 degrees 19 minutes 06 seconds, West Longitude 81 degrees 22 minutes 24 seconds, Thence in Westward along the Mcintosh, Glynn County Line following Buttermilk Sound to the South Altamaha River, Thence continuing Westward along the Mcintosh, Glynn County Line and the South Altamaha River until the said county line bears away from and departs the South Altamaha River near North Latitude 3 1 degrees 20 minutes 21 seconds, West Longitude 81 degrees 28 minutes 31 seconds, Thence Northward across the South Altamaha River and Champney River to the South shore of Butler Island near North Latitude 31 degrees 20 minutes 46 seconds, West Longitude 81 degrees 28 minutes 38 seconds, thence Northerly along the North, then West bank of Butler Island, across the Butler River to the West bank ofVivians Island and the Altamaha River, Thence Northward along the West bank of Vivians Island to Rifle Cut, Thence Eastward along the center of Rifle Cut to a tributary of Darien Creek near North Latitude 31 degrees 22 minutes 37 seconds, West Longitude 81 degrees 27 minutes 52 seconds, Thence northward along said tributary to

4128

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

the center of a ditch near North Latitude 31 degrees 23 minutes 02 seconds, West Longitude 81 degrees 28 minutes 14 seconds, Thence northeasterly and following the ditch in a straight line to the low-water mark on the South bank of Cat Head Creek near North Latitude 31 degrees 23 minutes 28 seconds, West Longitude 81 degrees 27 minutes 34 seconds, Thence eastward along said Creek and the Northerly shore line of Potosi Island to a point opposite the mainland, where the mile limit extends to the low-water mark on the East bank of Cat Head Creek, Thence Southward along the shore line of Potosi Island across General's Cut to the North shore line of Rhett's Island, Thence along the North shore line of Rhett's Island across Pico Cut to the shore line of Pico Island thence running with the shore line of Pico Island Northward to at a point opposite the mainland at the foot of First Street on the East, Thence Northward on a line (I) mile from the Courthouse door to the center of a tributary of Black Island Creek and 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 2007 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Darien, approved May 5th, 2006 (Ga. L. 2006, p. 4328), so as to provide for annexation of certain property; to provide effective dates; to repeal conflicting laws; and for other purposes.
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 oflntention to Introduce Local Legislation was published in the Darien News which is the official organ of Mcintosh County on February 8, 2007, 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 2007 SESSION
sworn to and subscribed before me, this 13th day of February 2007.
sl DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 29,2007.

4129

ROCKDALE JUDICIAL CIRCUIT- JUDGES; COMPENSATION.
No. 283 (House Bill No. 459).
AN ACT
To amend an Act providing for a supplement to the compensation, salary, expenses, and allowances of the judges of the Superior Court of the Rockdale Judicial Circuit, approved March 30, 1993 (Ga. L. 1993, p. 4459), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4777), so as to change the amount of such supplement; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for a supplement to the compensation, salary, expenses, and allowances of the judges of the Superior Court of the Rockdale Judicial Circuit, approved March 30, 1993 (Ga. L. 1993, p. 4459), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4777), is amended by revising subsection (a) of Section 1 as follows:
'(a) In addition to the compensation, salary, expenses, and allowances received by the judges of the Superior Court of the Rockdale Judicial Circuit from the State of Georgia or any other source, the judges of the superior court of said circuit shall receive an annual supplement to such compensation from the funds of Rockdale County in an amount equal to 20 percent of the annual salary paid to the superior court judge from state funds. The supplement shall be paid in equal monthly installments from the funds of Rockdale County and shall be effective July I, 2007."
SECTION 2. This Act shall become effective on July I, 2007.

4130

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to amend an Act to provide for the compensation for judges of the superior court of Rockdale Judicial Circuit, state court judges of Rockdale Judicial Circuit, the district attorney, the judge of probate court, the clerk of superior court, the tax commissioner, the sheriff, the chiefjudge of the magistrate court, the coroner, and the board of commissioners of Rockdale County; and for other purposes.
This 31st day of January, 2007.
-s- Representative Robert F Mumford 95th 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 Rockdale Citizen which is the official organ of Rockdale County on February 6, 2007 and that the notice requirements of Code Section 28-1-14 have been met.
s/ ROBERT F. MUMFORD Robert F. Mumford Representative, District 95
Sworn to and subscribed before me, this 9th day of February 2007.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 29, 2007.

GEORGIA LAWS 2007 SESSION
BRYAN COUNTY- COUNTY SURVEYOR; ABOLISH ELECTIVE OFFICE; APPOINTMENT.

4131

No. 284 (House Bill No. 482).

AN ACT

To abolish the office of elected county surveyor of Bryan County pursuant to Code Section 36-7-2.1 ofthe O.C.G .A.; 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. (a) Pursuant to Code Section 36-7-2.1 of the O.C.G.A., the office of elected county surveyor of Bryan County is abolished. (b) The governing authority of Bryan County shall appoint a qualified person to hold the office of county surveyor for a term of four years from the date of appointment. Successors shall also be appointed for terms of four years. Any person appointed county surveyor shall possess the qualifications specified by paragraph (I) of subsection (b) of Code Section 36-7-2 of the O.C.G.A.

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 2007 session of the General Assembly of Georgia a bill to abolish the office of elected county surveyor of Bryan County; and for other purposes.
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

4132

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Bryan County on January 18,2007, and that the notice requirements ofCode Section 28-1-14 have been met.

s/BOB LANE Bob Lane Representative, District !58

Sworn to and subscribed before me, this 25th day of January 2007.

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

Approved May 29, 2007.

STONE MOUNTAIN JUDICIAL CIRCUIT- JUDGES; COMPENSATION.
No. 285 (House Bill No. 506).
AN ACT
To amend an Act providing a supplement to the compensation, expenses, and allowances of the judges of the superior court of the Stone Mountain Judicial Circuit, approved March 21, 1974 (Ga. L. 1974, p. 391), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4696), an Act approved April 15, 1992 (Ga. L. 1992, p. 6269), an Act approved March 27, 1995 (Ga. L. 1995, p. 3521), an Act approved April 2, 1998 (Ga. L. 1998, p. 4075), and an Act approved May 6, 2005 (Ga. L. 2005, p. 3782), so as to increase the amount of such supplement; 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 supplement to the compensation, expenses, and allowances of the judges of the superior court of the Stone Mountain Judicial Circuit, approved March 21, 1974 (Ga. L. 1974, p. 391), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4696), an Act approved April 15, 1992 (Ga. L. 1992, p. 6269), an Act

GEORGIA LAWS 2007 SESSION

4133

approved March 27, 1995 (Ga. L. 1995, p. 3521), an Act approved April 2, 1998 (Ga. L. 1998, p. 4075), and an Act approved May 6, 2005 (Ga. L. 2005, p. 3782), is amended by adding a new subsection at the end of Section 1, to be designated subsection (i), to read as follows:
'(i) The salary supplement provided for by this section to the superior court judges of the Stone Mountain Judicial Circuit shall be increased in the amount of $7,465.00."

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

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Pursuant to Art. Ill, V, IX of the Constitution of the State of Georgia of 1983, O.C.G.A. 28-1-14, and all other applicable statutes, notice is hereby given that there will be introduced at the regular session of the 2007 General Assembly of Georgia a bill to amend an Act providing a supplement to the compensation, expenses, and allowances of the Judges of the Superior Court of the Stone Mountain Judicial Circuit, approved March 21, 1974 (Ga. L. 1974, p. 391), as further amended in an act approved May 6, 2005 (Ga. L. 2005, p. 3782) and for other purposes.

This 30th day of November, 2006.

Cathy W. McCumber Court Administrator Stone Mountain Judicial Circuit

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 of DeKalb County on December 7, 2006, and that the notice requirements ofCode Section 28-1-14 have been met.

s/ BILLY MITCHELL Billy Mitchell Representative, District 88

4134

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Sworn to and subscribed before me, this 30th day of January 2007.

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

Approved May 29,2007.

CHATHAM COUNTY- CHIEF JUDGE OF EASTERN JUDICIAL CIRCUIT; SALARY SUPPLEMENT.
No. 286 (House Bill No. 513 ).
AN ACT
To amend an Act authorizing the governing authority of Chatham County to provide an additional supplement to the salaries of each of the judges of the superior courts of the Eastern Judicial Circuit, approved April6, 1981 (Ga. L. 1981, p. 548), as amended by an Act approved April 14, 1997 (Ga. L. 1997, p. 41 08), so as to provide an additional supplement to the salary of the chief judge of the Eastern Judicial Circuit; 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 authorizing the governing authority of Chatham County to provide an additional supplement to the salaries of each of the judges of the superior courts of the Eastern Judicial Circuit, approved April6, 1981 (Ga. L. 1981, p. 548), as amended by an Act approved April 14, 1997 (Ga. L. 1997, p. 4108), is amended by revising subsection (e) of Section 1 as follows:
'(e) In addition to the salary supplements provided for in subsections (a) through (d) ofthis section, the governing authority of Chatham County shall pay to the chief judge of the Eastern Judicial Circuit an additional salary supplement of not less than $5,400.00 per annum as additional compensation for performing the duties incumbent upon a chiefjudge which shall not be reduced during the term of his or her service as chiefjudge and shall not be considered as salary of a superior court judge for the purpose of computing any other compensation.

GEORGIA LAWS 2007 SESSION

4135

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 2007 session of the General Assembly of Georgia a bill to amend an Act authorizing the governing authority of Chatham County to provide an additional supplement to the salaries of each of the judges of the superior courts of the Eastern Judicial Circuit, approved April6, 1981 (Ga. L. 1981, p. 548), as amended by an Act approved April 14, 1997 (Ga. L. 1997, p. 41 08), so as to provide an additional supplement to the salary of the chief judge of the Eastern Judicial Circuit; to provide an effective date and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Burke Day, who on oath deposes and says that he is the Representative from District 163 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 11, 2007, and that the notice requirements of Code Section 28-1-14 have been met.
s/ BURKE DAY Burke Day Representative, District 163
Sworn to and subscribed before me, this 13th day of February, 2007.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2009 (SEAL)
Approved May 29, 2007.

4136

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

COBB COUNTY- STATE COURT; CLERK AND CHIEF DEPUTY CLERK; COMPENSATION.

No. 287 (House Bill No. 537).

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 1, 2006 (Ga. L. 2006, p. 3939), so as to change the compensations of the clerk and the chief deputy clerk of the State Court of Cobb County; to provide for an effective date; 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 State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211 ), as amended, particularly by an Act approved May 1, 2006 (Ga. L. 2006, p. 3939), is amended by striking paragraph (4) of subsection (b) of Section 17, which reads as follows:
"(4) The salary of the chief deputy clerk shall be $88,239.93 to be paid in equal monthly installments from funds of Cobb County.", and inserting in lieu thereof a new paragraph (4) to read as follows: "(4) The salary of the chief deputy clerk shall be $91,769.60 to be paid in equal monthly installments from funds of Cobb County."

SECTION 2. Said Act is further amended by striking from Section 23 the following:
"The clerk of the State Court of Cobb County shall receive an annual salary of$98,044.37 payable in equal monthly installments from the funds of Cobb County.", and inserting in lieu thereof the following: "The clerk of the State Court of Cobb County shall receive an annual salary of$101 ,966.14 payable in equal monthly installments from the funds of Cobb County."

SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

GEORGIA LAWS 2007 SESSION

4137

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2007 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 21st day of January 2007.

Representative Steve Tumlin Cobb Delegation Chairman

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Earl Ehrhart, who on oath deposes and says that he is the Representative from District 36 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County on February 2, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

s/ EARL EHRHART Earl Ehrhart Representative, District 36

Sworn to and subscribed before me, this 5th day of February 2007.

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

Approved May 29, 2007.

4138

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
COBB COUNTY- TAX COMMISSIONER; CERTAIN EMPLOYEES; COMPENSATION.

No. 288 (House Bill No. 538).

AN ACT

To amend an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, approved February 17, 1949 (Ga. L. 1949, p. 790), as amended, particularly by an Act approved May 4, 2006 (Ga. L. 2006, p. 4177), so as to change the compensation of certain employees of such office; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, approved February 17, 1949 (Ga. L. 1949, p. 790), as amended, particularly by an Act approved May 4, 2006 (Ga. L. 2006, p. 4177), is amended by revising Section 3 as follows:

"SECTION 3. (a) The tax commissioner shall receive a minimum annual salary as provided by Code Section 48-5-183 of the O.C.G.A. plus a supplement in the amount of$3,687 .00, to be paid in equal monthly installments from county funds. The tax commissioner shall be allowed one chief clerk whose annual salary shall be paid in equal monthly installments from the funds of the county treasury. The annual salary for the chief clerk shall be $93,711.92. Any candidate for the office of tax commissioner of Cobb County shall, on the date of qualifying for such office in either a primary or a general election, certify to the judge of the Probate Court of Cobb County the name of the person the candidate shall appoint as chief clerk in the event he or she is elected to the office of tax commissioner of Cobb County; and the person so named shall serve as the chief clerk during the term for which he or she was so named. In the event of the death or removal from office of said chief clerk, the tax commissioner of Cobb County shall have 30 days from said date of death or removal from office of said chief clerk to certify to the judge of the Probate Court of Cobb County the name of the chief clerk to be appointed. (b) In addition to those employees provided for in subsection (a) of this section, there is created the position of executive secretary to the tax commissioner. The executive secretary shall be appointed by the tax commissioner, shall be under the tax commissioner's direct supervision and control, and shall serve at the pleasure of the tax commissioner. The tax commissioner shall establish such qualifications, education, and

GEORGIA LAWS 2007 SESSION

4139

experience as he or she deems necessary for the individual appointed to the position of

executive secretary. The salary of the executive secretary shall be $51,556.79 per annum

to be paid in equal monthly installments from the funds of Cobb County.

'

(c) In addition to those employees provided for in subsections (a) and (b) of this section,

there is created the position of administrative specialist in the office of the tax

commissioner. The administrative specialist shall be appointed by the tax commissioner,

shall be under the tax commissioner's direct supervision and control, and shall serve at the

pleasure of the tax commissioner. The tax commissioner shall establish such

qualifications, education, and experience as he or she deems necessary for the individual

appointed to the position of administrative specialist. The salary of the administrative

specialist shall be $51,496.42 per annum, to be paid in equal monthly installments from the

funds of Cobb County.n

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 2007 session of the General Assembly of Georgia a bill to amend an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, approved February 17, 1949 (Ga. L. 1949, p. 790), as amended; and for other purposes.
This 26th day of January 2007.
Representative Steve Tumlin Cobb Delegation Chairman
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Earl Ehrhart, who on oath deposes and says that he is the Representative from District 36 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County on February 2, 2007, and that the notice requirements of Code Section 28-1-14 have been met.
sf EARL EHRHART Earl Ehrhart Representative, District 36

4140

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Sworn to and subscribed before me, this 2nd day of February 2007.

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

Approved May 29,2007.

COBB COUNTY- BOARD OF EDUCATION; SCHOOL ATTENDANCE ZONES.
No. 289 (House Bill No. 539).
AN ACT
To amend an Act providing for the election of members of the Board of Education of Cobb County, approved March 28, 1974 (Ga. L. 1974, p. 3516), as amended, so as to revise procedures relating to the establishment or revision of school attendance zones; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for the election of members of the Board of Education of Cobb County, approved March 28, 1974 (Ga. L. 1974, p. 3516), as amended, is amended by revising subsection (f) of Section 2 as follows:
"(f)(!) Prior to establishing or revising school attendance zones, the board shall: (A) Conduct at least one public hearing to get public input regarding the development of plans for the location of attendance zones; (B) Develop two or more alternate proposed plans establishing or revising attendance zones. Such alternate plans must be made available to the public at least 24 hours prior to the public hearing at which they will be discussed; and (C) Conduct at least two public hearings to allow input from the public on the proposed plans establishing or revising attendance zones. Reasonable notice shall be provided prior to each public hearing.

GEORGIA LAWS 2007 SESSION

4141

No plan for the establishment or revision of attendance zones shall be adopted by the board unless each board member whose education district is affected by the plan has signed off on such plan. (2) The board shall take into consideration the following when establishing or revising school attendance zones:
(A) No student shall be assigned or compelled to attend any school on the basis of race, creed, color, or national origin, or for the purpose of achieving equality in attendance or increased or reduced attendance at any school of persons of one or more particular race, creed, color, or national origin; and (B) Nothing contained in this paragraph shall prevent the assignment of a pupil in the manner requested or authorized by the student's parent or guardian. (3) This subsection shall only apply to new schools opened on or after July I, 2007."

SECTION 2. This Act shall become effective on July I, 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 2007 session of the General Assembly of Georgia a bill to amend an Act providing for the election of members of the Board of Education of Cobb County, approved March 28, 1974 (Ga. L. 1974, p. 3516), as amended; and for other purposes.
This 21st day of January 2007.
Representative Steve Tumlin Cobb Delegation Chairman
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Earl Ehrhart, who on oath deposes and says that he is the Representative from District 36 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County on February 2, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

4142

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
s/ EARL EHRHART Earl Ehrhart Representative, District 36

Sworn to and subscribed before me, this 2nd day of February 2007.

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

Approved May 29, 2007.

CITY OF VIDALIA- HOMESTEAD EXEMPTION; SCHOOL TAXES; BASE YEAR; REFERENDUM.
No. 290 (House Bill No. 574).
AN ACT
To provide for a homestead exemption from City of Vidalia independent school district ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) As used in this Act, the term:
(1) "Ad valorem taxes for educational purposes" means all ad valorem taxes for educational purposes levied by, for, or on behalf of the City of Vidalia independent school district, including, but not limited to, ad valorem taxes to pay interest on and to retire independent school district bonded indebtedness. (2) "Base year" means:

GEORGIA LAWS 2007 SESSION

4143

(A) Except as otherwise provided in subparagraph (B) of this paragraph, the taxable year immediately preceding the taxable year in which the exemption under this Act is first granted to the most recent owner of such homestead; or (B) With respect to any person who applies for and is granted the homestead exemption under this Act for the 2008 tax year, the base year assessed value of the homestead shall be the 2004 assessed value of the homestead. (3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended, with the additional qualification that it shall include only the primary residence and not more than five contiguous acres of land immediately surrounding such residence. (b) Each resident of the City of Vidalia independent school district is granted an exemption on that persons homestead from City ofVidalia independent school district ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value of that homestead. This exemption shall not apply to taxes assessed on improvements to the homestead or additional land that is added to the homestead after January I of the base year. If any real property is removed from the homestead, the base year assessed value shall be recalculated accordingly. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of Vidalia, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Vidalia, or the designee thereof, to make a determination as to whether such owner is entitled to such exemption. The governing authority of the City of Vidalia, 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 Vidalia, 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, county school district ad valorem taxes for educational purposes, or municipal ad valorem taxes for municipal purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes.

4144

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January I, 2008.

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Vidalia 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 Vidalia independent school district for approval or rejection. The municipal election superintendent shall conduct that election on the Tuesday after the first Monday in November, 2007, and shall issue the call and conduct that election as provided by general law. The municipal superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Toombs County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act be approved which provides a homestead exemption from City of Vidalia independent school district ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead?"

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 of full force and effect on January I, 2008. 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 Vidalia. 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 2007 session of the General Assembly of Georgia a bill to provide for a homestead exemption from City of Vidalia independent school district ad valorem taxes for educational purposes in an amount equal to

GEORGIA LAWS 2007 SESSION

4145

the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; and for other purposes.

This 2nd day of February, 2007.

Representative Greg Morris !55th District

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Greg Morris, who on oath deposes and says that he is the Representative from District 155 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Advance Progress which is the official organ of Toombs County on February 14, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

s/ GREG MORRIS Greg Morris Representative, District 155

Sworn to and subscribed before me, this 22nd day of February 2007.

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

Approved May 29,2007.

4146

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

CITY OF SANTA CLAUS- HOMESTEAD EXEMPTION; CITY TAXES; BASE YEAR; REFERENDUM.

No. 291 (House Bill No. 575).

AN ACT

To provide for a homestead exemption from City of Santa Claus ad valorem taxes for municipal 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; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. (a) As used in this Act, the term:
(1) "Ad valorem taxes for municipal purposes" means all municipal ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Santa Claus, including, but not limited to, ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Base year" means:
(A) Except as otherwise provided in subparagraph (B) of this paragraph, the taxable year immediately preceding the taxable year in which the exemption under this Act is first granted to the most recent owner of such homestead; or (B) With respect to any person who applies for and is granted the homestead exemption under this Act for the 2008 tax year, the base year assessed value of the homestead shall be the 2004 assessed value of the homestead. (3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G .A., as amended, with the additional qualification that it shall include not more than five contiguous acres of homestead property. (b) Each resident of the City of Santa Claus is granted an exemption on that person's homestead from City of Santa Claus ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value of that homestead. This exemption shall not apply to taxes assessed on improvements to the homestead or additional land that is added to the homestead after January 1 of the base year. If any real property is added to or removed from the homestead, the base year assessed value shall be adjusted to reflect such addition or removal and the exemption shall be recalculated accordingly. The value of that property in excess of such exempted amount shall remain subject to taxation.

GEORGIA LAWS 2007 SESSION

4147

(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 Santa Claus, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Santa Claus, 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 Santa Claus, 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 Santa Claus, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2008.

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Santa Claus 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 Santa Claus for approval or rejection. The municipal election superintendent shall conduct that election on the Tuesday after the first Monday in November, 2007, and shall issue the call and conduct that election as provided by general law. The municipal superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Toombs County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which provides a homestead exemption from City of Santa Claus ad valorem taxes for municipal purposes in an amount equal
( ) NO to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead?"
All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on

4148

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

such question are for approval of the Act, Section 1 of this Act shall become of full force and effect on January 1, 2008. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Santa Claus. 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 2007 session of the General Assembly of Georgia a bill to provide for a homestead exemption from City of Santa Claus ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
this 2nd day of February, 2007.
Representative Greg Morris !55th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Greg Morris, who on oath deposes and says that he is the Representative from District 155 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Advance Progress which is the official organ of Toombs County on February 14, 2007, and that the notice requirements of Code Section 28-1-14 have been met.
sf GREG MORRIS Greg Morris Representative, District 155

GEORGIA LAWS 2007 SESSION
Sworn to and subscribed before me, this 22nd day of February 2007.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 29,2007.

4149

LANIER COUNTY- MAGISTRATE COURT; JUDGE OF PROBATE COURT TO SERVE AS CHIEF MAGISTRATE; APPOINTMENT OF MAGISTRATES.
No. 292 (House Bill No. 582).
AN ACT
To amend an Act creating the Small Claims Court of Lanier County, now the Magistrate Court of Lanier County, approved April6, 1981 (Ga. L. 1981, p. 3452), so as to provide that on and after January 1, 2009, the probate judge shall serve as chief magistrate of the Magistrate Court of Lanier County; to provide for the number and method of appointment for magistrates serving in such court; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the Small Claims Court of Lanier County, now the Magistrate Court of Lanier County, approved April 6, 1981 (Ga. L. 1981, p. 3452), is amended by revising Sections 2 and 3 as follows:
"SECTION 2. Pursuant to subsection (g) of Code Section 15-10-20 of the 0 .e.G.A., the chief magistrate of the Magistrate Court of Lanier County shall not be separately elected for any term of office that begins on or after January I, 2009, but on and after that date, the probate judge of Lanier County shall serve as the chief magistrate of the Magistrate Court of Lanier County.

4150

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 3. On and after July I, 2007, the number of magistrates to serve as judges of the Magistrate Court of Lanier County shall be determined by the Lanier County Board of Commissioners. Such magistrates shall be selected by the probate judge and shall be appointed to take office on January I, 2009. Such magistrates shall serve four-year terms and until their respective successors are appointed and qualified.u

SECTION 2. This Act shall become effective on July I, 2007.

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

NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill (or bills) to provide for the Probate Judge of Lanier County to serve as Chief Magistrate and to provide for the number and selection of magistrates and for other purposes.
This 12th day of February, 2007.
Lanier County Board of. Commissioners
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jay Shaw, who on oath deposes and says that he is the Representative from District 176 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Lanier County News which is the official organ of Lanier County on February 22, 2007, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JAY SHAW Jay Shaw Representative, District 176

GEORGIA LAWS 2007 SESSION
Sworn to and subscribed before me, this 26th day of February 2007.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18,2009 (SEAL)
Approved May 29,2007.

4151

COBB COUNTY- CHIEF INVESTIGATOR AND EXECUTIVE ASSISTANT TO THE SHERIFF; COMPENSATION.
No. 293 (House Bill No. 600).
AN ACT
To amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved May 5, 2005 (Ga. L. 2005, p. 3620), so as to change the compensation of the chief investigator and the executive assistant to the sheriff; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved May 5, 2005 (Ga. L. 2005, p. 3620), is amended by revising subsections (b), (c), and (d) of Section 5 as follows:
'(b) The sheriff of Cobb County shall have one chief deputy whose salary shall be $115,157.55 per annum, to be paid in equal monthly installments from the funds of Cobb County. The chief deputy sheriff shall possess the same qualifications for office as required for the sheriff. The chief deputy shall serve at the pleasure of the sheriff. Each candidate for the office of sheriff of Cobb County shall, at the time he or she qualifies to run for the office of sheriff, designate and certify to the judge of the probate court the name of the person who shall be his or her chief deputy sheriff. 1n the event the office of sheriff

4152

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

becomes vacant by death, resignation, or otherwise, the vacancy shall be filled until the next general election by said chief deputy, who shall in such event enter upon the performance of said duties upon taking the oath of office prescribed by law for the sheriff of Cobb County. The chief deputy sheriff is authorized, when directed by the sheriff, to discharge any and all of the duties and powers of the sheriff. In addition to said chief deputy, said sheriff shall be authorized to name and appoint such additional deputies as shall be approved from time to time by the governing authority of Cobb County. The salaries of said additional deputies shall be set by the governing authority of Cobb County; provided, however, that said salaries shall not be less than $4,880.00 per annum per each additional deputy approved by said governing authority of Cobb County. In addition to said chief deputy and other deputies provided for above, the sheriff of Cobb County shall be authorized to employ the clerical help necessary to perform properly the functions and duties of his or her office, provided that the number of employees and salaries or other compensation to be paid to each shall first be approved by the governing authority of Cobb County. (c) In addition to those employees provided for by subsection (b) of this section, there is created the office of chief investigator for Cobb County. The chief investigator shall be appointed by the sheriff, shall be under his or her direct supervision and control, and shall serve at the pleasure of the sheriff. The individual appointed by the sheriffofCobb County shall possess, as a minimum, a high school education or its equivalent and shall either be a graduate of the Federal Bureau of Investigations National Academy for Peace Officers or possess ten years of actual experience as a peace officer or be a graduate of a law school accredited by the Georgia Bar Association or be a graduate of the Southern Police Institute School of Police Management and Administration or have a master's degree from an accredited college or university. The salary of the chief investigator shall be $104,489.15 per annum, to be paid in equal monthly installments from the funds of Cobb County. (d) In addition to those employees provided for in subsections (b) and (c) of this section, there is created the position of executive assistant to the sheriff. The executive assistant shall be appointed by the sheriff, shall be under his or her direct supervision and control, and shall serve at the pleasure of the sheriff. The sheriff shall establish such qualifications, education, and experience as he or she deems necessary for the individual appointed to the position of executive assistant. The salary of the executive assistant shall be $62,806.19 per annum, to be paid in equal monthly installments from the funds of Cobb County.0

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.

GEORGIA LAWS 2007 SESSION

4153

NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended; and for other purposes.

This 26th day of January 2007.

Representative Steve Tumlin Cobb Delegation Chairman

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Don Parsons, who on oath deposes and says that he is the Representative from District 42 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County on February 2, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

sf DON PARSONS Don Parsons Representative, District 42

Sworn to and subscribed before me, this 12th day of February 2007.

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

Approved May 29,2007.

4154

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
COBB COUNTY- JUDGE OF PROBATE COURT; CLERK OF PROBATE COURT; COMPENSATION.

No. 294 (House Bill No. 621 ).

AN ACT

To amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, so as to change the compensation of the judge and the clerk of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, is amended by revising Section 2A as follows:

"SECTION 2A. The judge of the Probate Court of Cobb County shall receive an annual salary of $112,592.97, to be paid in equal monthly installments from the funds of Cobb County."

SECTION 2. Said Act is further amended by revising the second sentence of Section 3 as follows:
"The clerk of the probate court shall be compensated in the amount of $77,861.05 per annum, payable in equal monthly installments from the funds of Cobb County."

SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to amend an Act changing the compensation of the clerk of the

GEORGIA LAWS 2007 SESSION

4155

superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee

system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended;

and for other purposes.

/

This 26th day of January 2007.

Representative Steve Tumlin Cobb Delegation Chairman

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terry Johnson, who on oath deposes and says that he is the Representative from District 37 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County on February 2, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

s/ TERRY JOHNSON Terry Johnson Representative, District 37

Sworn to and subscribed before me, this 20th day of February 2007.

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

Approved May 29, 2007.

4156

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

COBB JUDICIAL CIRCUIT- JUDGES; SUPPLEMENT.

No. 295 (House Bill No. 623).

AN ACT

To amend an Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, so as to provide for the supplement to be paid to each of the judges of the superior court of said circuit and an additional supplement for the chief judge of said circuit; to 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 Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, is amended by revising subsections (a) and (b) of Section 4H as follows:
"(a) Each judge of the Superior Court of the Cobb Judicial Circuit shall receive an annual supplement of$53,711.00, 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 INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2007 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.
This 26th day of January 2007.
Representative Steve Tumlin Cobb Delegation Chairman

GEORGIA LAWS 2007 SESSION GEORGIA, FULTON COUNTY

4157

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rich Golick, who on oath deposes and says that he is the Representative from District 34 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County on February 2, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

s/ RICH GO LICK Rich Golick Representative, District 34

Sworn to and subscribed before me, this 26th day of February 2007.

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

Approved May 29,2007.

COBB COUNTY- BOARD OF COMMISSIONERS; COMPENSATION.
No. 296 (House Bill No. 624).
AN ACT
To amend an Act creating the Board of Commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, so as to change the provisions relating to the compensation of the chairperson and the other commissioners 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:

4158

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 1. An Act creating the Board of Commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, is amended by revising subsection (a) of Section 8 of the Act as follows:
n(a) Commissioners, other than the chairperson, shall be paid as their entire compensation for services as commissioners the sum of $40,944.80 per annum, payable monthly, to be paid out of the county treasury upon warrants drawn upon the county treasury. The chairperson shall receive as his or her entire compensation the sum of $124,882.16 per annum, payable monthly, also to be paid out of the county treasury upon warrants drawn upon the county treasury. In recognition of the additional demands placed on the time of the chairperson and the additional duties and responsibilities of that position, the chairperson shall be compensated on a full-time employment basis; provided, however, the chairperson shall be allowed to devote no more than 15 hours per week to a business or employment interest unrelated to the business of the board of commissioners. Except as provided otherwise in this section, the salary so fixed shall constitute the entire compensation from all sources to which said chairperson or any commissioner shall be entitled. The chairperson and the commissioners may be reimbursed for reasonable expenses incurred in carrying out their duties. Such expenses shall include the following:
( 1) Mileage reimbursement for the use of a private automobile while conducting county business; (2) Secretarial services, if required, over and above the services normally provided by the county; and (3) Travel and lodging expenses and fees incurred in conjunction with training seminars, conventions, or official county business conducted outside of Cobb County.n

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

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

NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended; and for other purposes.

GEORGIA LAWS 2007 SESSION This 26th day of January 2007.

4159

Representative Steve Tumlin Cobb Delegation Chairman

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, L. Edwin Setzler, who on oath deposes and says that he is the Representative from District 35 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County on February 2, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

s/ L. EDWIN SETZLER L. Edwin Setzler Representative, District 35

Sworn to and subscribed before me, this 21st day of February 2007.

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

Approved May 29, 2007.

CITY OF OAKWOOD- REDEVELOPMENT POWERS; REFERENDUM.
No. 297 (House Bill No. 643).
AN ACT
To authorize the City of Oakwood to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

4160

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. The City of Oakwood 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 Oakwood to undertake and carry out community redevelopment, to create tax allocation districts, to issue tax allocation bonds, and to incur other obligations within the meaning of and as fully permitted under the provisions of Article IX, Section II, Paragraph VII ofthe Constitution ofthe State of Georgia of 1983, as amended, and to authorize the City of Oakwood to exercise redevelopment powers as fully as the "Redevelopment Powers Law" may now or hereafter permit and not to limit any redevelopment powers permitted under the "Redevelopment Powers Law."

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Oakwood 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 Oakwood for approval or rejection. The election superintendent shall conduct that election on a date during 2007, as determined by the governing authority and as provided under Code Section 21-2-540 of the O.C.G.A., and shall issue the call and conduct that election as provided by general law. The 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 the City of Oakwood. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which authorizes the City of Oakwood to exercise redevelopment powers under the 'Redevelopment Powers Law,' as it may
( ) NO be amended from time to time?"
All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become of full force and effect immediately. If Section I of this Act is not so approved or if the election is not conducted as provided in this section, Section I of this Act shall not become effective and this Act shall be automatically repealed on the first day of January, 2008. The expense of such election shall be borne by the City of Oakwood. It shall be the municipal election superintendent's duty to certify the result thereof to the Secretary of State.

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

GEORGIA LAWS 2007 SESSION
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

4161

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to authorize the City of Oakwood to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
This 23rd day of February, 2007
Donald T. Hunt, City Attorney
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James Mills, who on oath deposes and says that he is the Representative from District 25 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Times which is the official organ of Hall County on February 23, 2007, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JAMES MILLS James Mills Representative, District 25
Sworn to and subscribed before me, this 28th day of February 2007.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 29, 2007.

4162

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

CITY OF OAKWOOD- NEW CHARTER.

No. 298 (House Bill No. 644).

AN ACT

To provide a new charter for the City of Oakwood; to provide for incorporation, boundaries, and powers of the city; to provide for general powers and limitations on powers; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, suspension, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances; to provide for the office of mayor and mayor pro tempore and certain duties and powers relative thereto; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city manager, a city attorney, a city clerk, and other personnel; to provide for a municipal court and the judge or judges thereof; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for ethics and disclosures; 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 accounting and budgeting; to provide for city contracts and purchasing; to provide for bonds for officials; to provide for prior ordinances and rules, pending matters, and existing personnel; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for effective dates; to provide for severability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

ARTICLE I CREATION, INCORPORATION, POWERS
SECTION 1.01. Incorporation.

This city and the inhabitants thereof are reincorporated by the enactment of this charter and are hereby constituted and declared a body politic and corporate under the name and style of the "City of Oakwood" and by that name shall have perpetual succession. The city may sue and be sued and plead and be impleaded in all courts of law and equity and in all actions whatsoever; and the city may have and use a common seal.

GEORGIA LAWS 2007 SESSION
SECTION 1.02. Corporate boundaries.

4163

The corporate boundaries of the City of Oakwood shall be those existing on December 5, 2006. The city manager shall maintain a current map of the corporate boundaries of the city, and such map shall incorporate any changes that may hereafter be made from time to time in the manner provided by law, inclusive of all changes made subsequent to December 5, 2006, pursuant to Title 36 of the Official Code of Georgia Annotated.

SECTION 1.03. 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:
(I) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder; (2) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure ofmoney for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (3) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades to the extent permitted by general law; (4) Business regulation and taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G .A. or such other applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method ofpayment 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 city

4164

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

council, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (6) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (7) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or without the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (8) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of the city, the region, and the state through the preservation and improvement ofair quality, the restoration and maintenance ofwater resources, the control of erosion and sedimentation, the management of storm water, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (9) Ethics. To adopt ethics ordinances and regulations governing the conduct of municipal elected officials, appointed officials and employees, establishing procedures for ethics complaints, and setting forth penalties for violations of such rules and procedures; (I 0) 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; (II) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms. and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (12) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property that is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants ofthe city and to provide for the enforcement of such standards; (13) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens on such terms and conditions as the donor or grantor may impose; (14) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (15) Jail sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city; to provide for the use of pretrial diversion and any alternative sentencing allowed by law; or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials;

GEORGIA LAWS 2007 SESSION

4165

(16) Motor vehicles. To regulate the operation ofmotor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city; (17) Municipal agencies and delegation ofpower. To create, alter, or abolish departments, boards, offices, commissions, and agencies ofthe city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (18) 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; (19) 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; (20) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (21) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, storm-watermanagement, gas works, electric light plants, cable television and other telecommunications, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties; and to provide for the withdrawal of service for refusal or failure to pay the same; (22) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (23) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (24) Planning and zoning. To provide comprehensive city planning for development by zoning and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and aesthetically pleasing community; (25) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a fire-fighting agency; (26) Public hazards: removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (27) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, public buildings, libraries, public housing, airports, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, detention, penal, and medical institutions, agencies, and facilities; and to provide any other public improvements, inside or outside the corporate limits of the city, and to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation

4166

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (28) Public peace. To provide for the prevention and punishment of loitering, disorderly conduct, drunkenness, riots, and public disturbances; (29) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (30) Public utilities and services. To grant franchises or make contracts for, or impose taxes on, public utilities and public service companies; and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission; (31) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance ofsigns, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (32) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (33) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (34) Security, welfare, and convenience. To make, ordain, and establish bylaws, ordinances, rules, and regulations as shall appear necessary for the security, welfare, convenience, and interest of the city and the inhabitants thereof and for preserving the health, peace, order, and good government of the city; (35) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system and to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system; (36) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items;

GEORGIA LAWS 2007 SESSION

4167

(37) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; to license, tax, regulate, or prohibit professional fortune-telling, palmistry, adult bookstores, and massage parlors; (38) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (39) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (40) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; (41) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (42) Urban redevelopment. To organize and operate an urban redevelopment program; and (43) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and any listing of particular powers in this charter shall not be held to be exclusive of others or 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 1.04. 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.

4168

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

ARTICLE II GOVERNMENT STRUCTURE, ELECTIONS,
AND LEGISLATIVE BRANCH SECTION 2.01.
City council creation; number; election.

(a) The legislative authority of the government of the City of Oakwood, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and five councilmembers. The city council established in this charter shall in all respects be a successor to and continuation of the governing authority under prior law. (b) The mayor and councilmembers shall be elected by a majority vote of the qualified electors of the city at large voting at the elections of the city. The City of Oakwood shall consist of one election district with five numbered posts designated as Posts I through 5, respectively. Persons seeking election to the city council shall select the post for which they offer as candidate. (c) No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the area comprising the corporate limits of the City of Oakwood for a continuous period of at least 12 months immediately prior to the date of the election for mayor or councilmember, shall continue to reside therein during that person's period of service, and shall continue to be registered and qualified to vote in municipal elections of the City of Oakwood. (d) General municipal elections shall be held on the Tuesday next following the first Monday in November of 2007 and biennially thereafter.
(e)(1) The councilmembers representing Posts 3, 4, and 5 shall be elected at the general municipal election in 2007 and quadrennially thereafter. (2) The mayor and the councilmembers representing Posts I and 2 shall be elected at the general municipal election in 2009 and quadrennially thereafter. (f) The mayor and councilmembers shall take office as provided in O.C.G.A. Section 21-2-541.1 and serve for terms of four years and until their respective successors are elected and qualified.

SECTION 2.02. Vacancy; filling of vacancies; suspensions.

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, Title 45 of the O.C.G .A., or the general laws of the State of Georgia. A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term by a special election if such vacancy occurs 12 months or more prior to the expiration of the term of that office. If such vacancy occurs within 12 months of the expiration of the term of that office, the mayor shall nominate and the city council shall confirm a successor for the

GEORGIA LAWS 2007 SESSION

4169

remainder of the term. This provision shall also apply to a temporary vacancy created by the suspension from office of the mayor or any councilmember.

SECTION 2.03. Nonpartisan elections.

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

SECTION 2.04. Election by majority vote.

The candidates for mayor and councilmember who receive a majority of the votes cast in the applicable election shall be elected to a term of office. In the event no candidate receives a majority of the votes cast in said election, a run-off election shall be held between the two candidates receiving the highest number of votes. Such runoff shall be held at the time specified by state election law unless such run-off date is postponed by court order.

SECTION 2.05. Applicability of general laws; qualifying; other provisions.

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. Except as otherwise provided by this charter, the city council shall, by ordinance or resolution, prescribe such rules and regulations as it deems appropriate, including, but not limited to, the establishment of qualifying fees, to fulfill any options and duties under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.

SECTION 2.06. Compensation and expenses.

The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance. Such salary shall be paid from municipal funds in monthly installments. The city council may provide by ordinance for the provision of insurance, retirement, workers' compensation, and other employee benefits to the mayor and councilmembers and may provide by ordinance for the reimbursement of expenses actually and necessarily incurred by the mayor and councilmembers in carrying out their official duties.

4170

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 2.07. 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:
(I) Engage in any business or transaction or have financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of that persons official duties or which would tend to impair the independence of the official's judgment or action in the performance of those official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of that person's official duties or would tend to impair the independence ofthe official's judgment or action in the performance of those official duties; (3) Disclose confidential information, including information obtained at meetings which are closed pursuant to Chapter 14 of Title 50 of the O.C.G.A., concerning the property, government, or affairs of the governmental body by which the official is engaged without proper legal authorization or use such information to advance the financial or other private interest of the official or others; (4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation which to the official's know ledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which the official is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which the official has financial interest. (c) Disclosure. Any elected official, appointed officer, or employee who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such interest to the city council. The mayor or any councilmember who has a financial interest in any matter pending before the city council shall disclose such interest and such disclosure shall be entered on the records of the city council, and that official shall disqualify himself or herself from participating in any 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 2007 SESSION

4171

(d) Use of public property. No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (e) Contracts voidable and rescindable. Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council. (f) Ineligibility of elected official. Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which that official was elected. No former mayor and no former councilmember shall hold any compensated appointive office in the city until one year after the expiration of the term for which that official was elected. (g) No elected official shall serve as an officer or on the board of a homeowners association located within the city limits of the City of Oakwood. (h) No member of an elected official's immediate family shall serve as an employee of the city. (i) Political activities of certain officers and employees. No city employee shall continue in that position upon election to any public office in this city or any other public office whose duties are inconsistent, incompatible, or in conflict with the duties of said 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. (j) 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 an 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 2.08. Inquiries and investigations.

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

4172

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 2.09. Meetings and mayor pro tempore.

(a) The city council shall meet on the first working day in January immediately following each regular municipal election. The meeting shall be called to order by the mayor-elect (or the mayor if the position of mayor did not stand for election) and the oath of office shall be administered to the newly elected mayor or councilmembers, as appropriate, by the city clerk. The oath shall, to the extent that it comports with federal and state law, be as follows:
"I do solemnly swear or affirm that I will faithfully execute the office of [councilmember or mayor as the case may be] of the City of Oakwood and will to the best of my ability support and defend the Constitution of the United States, the Constitution of Georgia, and the charter, ordinances, and regulations ofthe City ofOakwood. I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof. I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I by the laws of the State of Georgia am prohibited from holding. I am otherwise qualified to hold said office according to the Constitution and laws of Georgia. I have been a resident of my district and the City of Oakwood for the time required by the Constitution and laws of this state and by the municipal charter of the City of Oakwood. I will perform the duties of my office in the best interest of the City of Oakwood to the best of my ability without fear, favor, affection, reward, or expectation thereof." (b) The position of mayor pro tempore shall be an annual appointment and shall rotate between Post I through Post 5 sequentially beginning with Post 1 in January, 2008. Should any councilmember so appointed decline for any reason to serve the annual appointment, then the appoint shall rotate to the next Post position. The mayor pro tempore shall assume the duties and powers of the mayor during the mayors disability or absence except that the mayor pro tempore shall continue to vote as a councilmember and may not exercise the mayor's prerogative to vote in the case of a tie. During the mayor's disability or absence, the mayor pro tempore may veto any action of the city council. If both the mayor and the mayor pro tempore are absent because of sickness or disqualification, any one of the remaining councilmembers, chosen by the members present, shall be clothed with all the rights and privileges of the mayor and shall perform the mayor's duties in the same manner as the mayor pro tempore. (c) The city council shall, at least once a month, hold regular meetings at such times and places as prescribed by ordinance. The city council may recess any regular meeting and continue such meeting on any weekday or hour it may fix and may transact any business at such continued meeting as may be transacted at any regular meeting. (d) Special meetings of the city council may be held on the call of the mayor or three councilmembers. Notice of such special meetings shall be delivered to all councilmembers and the mayor personally, by registered mail, or by electronic means at least 24 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor

GEORGIA LAWS 2007 SESSION

4173

and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by the mayor or a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice. The notice of such special meeting shall state what business is to be transacted at the special meeting. Only the business stated in the call may be transacted at the special meeting.

SECTION 2.10. Quorum; voting.

Three councilmembers shall constitute a quorum and shall be authorized to transact business for the city council. Voting on the adoption of ordinances shall be taken by voice vote and the yeas and nays shall be recorded in the minutes, but on the request of any councilmember there shall be a roll-call vote. In order for any ordinance, resolution, motion, or other action of the city council to be adopted, the measure must receive at least three affirmative votes and must receive the affirmative votes of a majority of those voting. No councilmember shall abstain from voting on any matter properly brought before the city council for official action except when such councilmember has a conflict of interest which is disclosed in writing prior to or at the meeting and made a part of the minutes. Any councilmember present and eligible to vote on a matter and refusing to do so for any reason other than a properly disclosed and recorded conflict of interest shall be deemed to have acquiesced or concurred with the members of the majority who did vote on the question involved. The mayor shall vote only in the case of a tie or in the case where his or her vote will provide the third affirmative vote required for approval of a matter.

SECTION 2.11. General power and authority of the city council.

(a) Except as otherwise provided by law or by this charter, the city council shall be vested with all the powers of government of the City of Oakwood as provided by Article I of this charter. (b) In addition to all other powers conferred upon it by law, the city council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules, and regulations not inconsistent with this charter and the Constitution and laws of the State of Georgia which it shall deem necessary, expedient, or helpful for the peace, good order, protection oflife and property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of the City of Oakwood and may enforce such ordinances by imposing penalties for violation thereof.

4174

LOCAL Al\:D SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 2.12. 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 plants, waterworks, electrical systems, gas systems, airports, and hospitals; charitable, educational, recreational, sport, curative, corrective, detention, 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 or as provided in the future.

SECTION 2.13. Administrative and service departments.

(a) Except for the office of city manager, the city council, by ordinance, may establish, abolish, merge, or consolidate offices, positions of employment, departments, and agencies of the city as it shall deem necessary for the proper administration of the affairs and government of the city. The city council shall prescribe the functions and duties of existing departments, offices, and agencies or of any departments, offices, and agencies hereinafter created or established; may provide that the same person shall fill any number of offices and positions of employment; and may transfer or change the functions and duties of offices, positions of employment, departments, and agencies of the city. (b) The operations and responsibilities of each department now or hereafter established in the city shall be distributed among such divisions or bureaus as may be provided by ordinance of the city council. Each department shall consist of such officers, employees, and positions as may be provided by this charter or by ordinance and shall be subject to the general supervision and guidance of the mayor and city council.

SECTION 2.14. Boards, commissions, and authorities.

(a) All members of boards, commissions, and authorities of the city shall be nominated by the mayor and be confirmed by the city council for such terms of office and such manner of appointment as provided by ordinance except where other appointing authority, term of office, or manner of appointment is prescribed by this charter or by applicable state law. (b) No member of any board, commission, or authority of the city shall hold any elective office in the city. Councilmembers and the mayor, however, may serve as ex officio members of such boards, commissions, or authorities without a vote.

GEORGIA LAWS 2007 SESSION

4175

(c) Any vacancy in office of any member of a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed for original appointment except as otherwise provided by this charter or any applicable state law. (d) No member of any board, commission, or authority shall assume office until he or she shall have executed and filed with the designated officer of the city an oath obligating himself or herself to faithfully and impartially perform the duties of his or her office, such oath to be prescribed by ordinance of the city council and administered by the mayor. (e) Any member of a board, commission, or authority may be removed from office for cause by a vote of a majority of the members of the city council. (f) Members of boards, commissions, and authorities may receive such compensation and expenses in the performance of their official duties as prescribed by ordinance. (g) Except as otherwise provided by this charter or by applicable state law, each board, commission, or authority of the city shall elect one of its members as chairperson and one member as vice chairperson for terms of one year and may elect as its secretary one of its own members or may appoint as secretary an employee ofthe city. Each board, commission, or authority of the city may establish such bylaws, rules, and regulations not inconsistent with this charter, ordinances of the city, or applicable state law as it deems appropriate and necessary for the conduct of its affairs, copies of which shall be filed with the designated officer of the city.

SECTION 2.15. Ordinance form; procedures; emergencies.

(a) Every proposed ordinance and resolution shall be introduced in writing and the city council shall have the authority to approve, disapprove, or amend the same. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be: "It is hereby ordained by the City Council of the City of Oakwood, Georgia." A resolution may be passed at the time it is offered but an ordinance shall not be adopted until the title of said ordinance shall have been read at two city council meetings, provided that the beginning of said meetings shall be not less than 24 hours nor more than 120 days apart. This requirement of two readings shall not apply to emergency ordinances or to ordinances adopted at the first business meeting of the city council in a calendar year. (b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate. (c) Emergency orders.
(I) To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or three councilmembers and promptly adopt an

4176

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services, or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced but the affirmative vote of at least three councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. (2) 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 O.C.G.A. Section 50-14-1 or such other applicable laws as are or may hereafter be enacted. (d) The catchlines of sections of this charter or any ordinance printed in boldface type, italics, or otherwise are intended as mere catchwords to indicate the contents of the section, and: (I) Shall not be deemed or taken to be titles of such sections or as any part of the section; and (2) Shall not be so deemed when any of such sections, including the catchlines, are amended or reenacted unless expressly provided to the contrary. Furthermore, the chapter, article, and section headings contained in this charter shall not be deemed to govern, limit, or modify or in any manner affect the scope, meaning, or intent of the provisions of any chapter, article, or section hereof. (e) The city council may, by ordinance or resolution, adopt rules and bylaws to govern the conduct of its business, including procedures and penalties for compelling the attendance of absent members. Such rules may include punishment for contemptuous behavior conducted in the presence of the city council.

SECTION 2.16. Action requiring an ordinance.

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

GEORGIA LAWS 2007 SESSION
SECTION 2.17. Submission of ordinances to the mayor.

4177

Every ordinance, resolution, and other action adopted by the city council shall be presented promptly to the mayor for his or her approval by signature. Once an ordinance or resolution has been signed by the mayor, it shall become effective immediately upon filing with the city clerk. If an ordinance or resolution is not approved by the mayor by the tenth day following the date action was taken by the city council, it shall become effective at 12:00 Noon on the tenth day following city council action unless the ordinance provides for an alternate effective date.

SECTION 2.18. Codes of technical regulations.

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 2.15 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations as well as the adopting ordinance; and (2) Copies of any adopted code of technical regulations shall be made available by the city clerk for inspection by the public.

ARTICLE III EXECUTIVE BRANCH
SECTION 3.01. Powers and duties of the mayor.

(a) The mayor shall be the chief executive officer of the city government, a member of and the presiding officer of the city council, and responsible for the efficient and orderly administration of the city's affairs. The mayor shall be responsible for the enforcement of laws, rules, regulations, ordinances, and franchises in the city. The mayor may conduct inquiries and investigations into the conduct of the city's affairs and shall have such powers and duties as specified in this charter or as may be provided by ordinance consistent with this charter. (b) The mayor shall:
(1) Preside at all meetings of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes and be the official spokesperson for the city and the advocate of policy;

4178

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(3) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, resolutions, and other instruments executed by the city which by law are required to be in writing; (4) See that all laws and ordinances of the city are faithfully executed; (5) Vote on any motion, resolution, ordinance, or other question before the city council only as provided in Section 2.10 of this charter and vote on any matter before a committee on which he or she serves; (6) Obtain short-term loans in the name of the city when authorized by the city council to do so; (7) Appoint councilmembers to oversee and report on the functions of the various departments of the city; (8) Require the city manager to meet with him or her at a time and place designated for consultation and advice on the affairs of the city; (9) Narne qualified residents of the city to boards and commissions with approval of the city council; (10) Make recommendations with respect to the employment or termination of city employees; (11) Prepare or have prepared an agenda for each meeting of the city council which shall include all business submitted by the mayor, any councilmember, the city manager, and the city attorney; and ( 12) Fulfill and perform such other duties as are imposed by this charter and duly adopted ordinances.

SECTION 3.02. City manager; appointment, qualification, and compensation.

The mayor shall appoint, subject to confirmation by the city council, for an indefinite term, an officer whose title shall be the "city manager"; and the city manager shall serve at the pleasure of the city council. The city manager shall be appointed without regard to political beliefs and solely on the basis of his or her executive and administrative qualifications with special reference to his or her educational background and actual experience in, and knowledge of, the duties of office as hereinafter prescribed.

SECTION 3.03. City manager; chief administrative officer.

The city manager shall be the chief administrative officer of the government of the City of Oakwood. The city manager must devote all of his or her working time and attention to the affairs of the city and shall be responsible to the mayor and city council for the proper and efficient administration of the affairs of the city over which said officer has jurisdiction.

_..

GEORGIA LAWS 2007 SESSION
SECTION 3.04. City manager; powers and duties enumerated.

4179

The city manager shall have the power and it shall be his or her duty to: (!) See that all laws and ordinances are enforced; (2) Appoint and employ all necessary employees of the city, provided that excepted from this power of appointment are those officers and employees who by this charter are appointed or elected by the city council or are not under the jurisdiction of the city manager; (3) Remove employees employed by said officer without the consent of the city council and without assigning any reason therefor; (4) Exercise supervision and control of all departments and all divisions created in this charter or that may hereafter be created by the city council except as otherwise provided in this charter; (5) Attend all meetings of the city council with a right to take part in the discussions but having no vote; the city manager shall be entitled to notice of all special meetings; (6) Recommend to the city council, after prior review and comment by the mayor, for adoption of such measures as the city manager may deem necessary or expedient; (7) See that all terms and conditions imposed in favor of the city or its inhabitants in any public utility franchise are faithfully kept and performed, and upon knowledge of any violation thereof to call the same to the attention of the city attorney, whose duty it shall be forthwith to take such steps as are necessary to protect and enforce the same; (8) Make and execute all lawful contracts on behalf of the city as to matters within said officers jurisdiction to the extent that such contracts are funded in the city's budget except such as may be otherwise provided by law; provided, however, that no contract purchase or obligation requiring a budget amendment shall be valid and binding until after approval of the city council; (9) Act as budget officer to prepare and submit to the city council, after review and comment by the mayor, prior to the beginning of each fiscal year a budget of proposed expenditures for the ensuing year, showing in as much detail as practicable the amounts allotted to each department of the city government and the reasons for such estimated expenditures; (10) Keep the city council at all times fully advised as to the financial condition and needs of the city; (II) Make a full written report to the city council on the first of each month showing the operations and expenditures of each department of the city government for the preceding month; and a synopsis of such reports shall be published by the city clerk; (12) Fix all salaries and compensation of city employees in accordance with the city budget and the city pay and classification plan; and (13) Perform such other duties as may be prescribed by this charter or required by ordinance or resolution of the city council.

4180

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 3.05. Council interference with administration.

Except for the purpose of inquiries and investigations under Section 2.08 of this charter, the city council or its members shall deal with city officers and employees who are subject to the direction or 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 3.06. City manager; removal.

(a) The mayor and 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 removing the city manager 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 clerk acting for the city council a written request for a public hearing. This hearing shall be held at a city council meeting not earlier than 15 days nor later than 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) The city council may adopt a final resolution of removal, which maybe made effective immediately, by affirmative vote of four of its members at any time after five days from the date when a copy of the preliminary resolution was delivered to the city manager, if he or she has not requested a public hearing, or at any time after the public hearing if he or she has requested one. (b) The city manager shall continue to receive his or her salary until the effective date of a final resolution of removal and, unless he or she has been convicted of a felony at that time, he or she shall be given not less than 60 days' severance pay. The action of the city council in suspending or removing the city manager shall not be subject to review by any court or agency. (c) If the city manager becomes disabled and is unable to carry out the duties of the office or if the city manager dies, the acting city manager shall perform the duties of the city manager until the city manager's disability is removed or until the city manager is replaced. Removal of the city manager because of disability shall be carried out in accordance with the provisions of subsection (a) of this section.

GEORGIA LAWS 2007 SESSION
SECTION 3.07. Acting city manager.

4181

(a) The city manager may designate in writing any administrative employee of the city who shall exercise all powers, duties, and functions of the city manager during the city manager's temporary absence from the city or during the city manager's disability. If such designation has not been made and the city manager is absent from the city or unable to perform the duties of the office or to make such designation, the city council may, by resolution, appoint any qualified administrative employee of the city to perform the powers, duties, and functions of the city manager until the city manager shall return to the city, the disability ceases, or the city council appoints a new city manager. (b) In the event of a vacancy in the office of city manager, the city council may designate a person as acting city manager who shall exercise all powers, duties, and functions of the city manager until a city manager is appointed.

SECTION 3.08. City attorney.

The mayor shall nominate and the city council shall confirm by majority vote a city attorney, together with such assistant city attorneys as may be deemed appropriate, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the city council as directed; shall advise the city council, mayor, 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 his or her position as city attorney. The city attorney shall review all contracts of the city but shall not have the power to bind the city.

SECTION 3.09. City clerk.

The city manager shall designate a city clerk, subject to confirmation by majority vote of the city council, to keep a journal of the proceedings of the city council; to maintain in a safe place all records and documents pertaining to the affairs of the city; and to perform such duties as may be required by law or ordinance or as the mayor or city manager may direct.

SECTION 3.10. City tax collector.

The city manager shall designate a city tax collector, subject to confirmation by majority vote of the city council, to collect all taxes, licenses, fees, and other moneys belonging to the city

4182

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

subject to the provisions of this charter and the ordinances of the city; and the city tax collector shall diligently comply with and enforce all general laws of the State of Georgia relating to the collection, sale, or foreclosure of taxes by municipalities.

SECTION 3.11. City accountant.

The city manager shall designate a city accountant, subject to confirmation by majority vote of the city council, to perform the duties of an accountant.

SECTION 3.12. Consolidation of functions.

The city manager, with the approval of the city council, may consolidate any two or more of the positions of city clerk, city tax collector, and city accountant or any other positions or may assign the functions of any one or more of such positions to the holder or holders of any other positions. The city manager may also, with the approval of the city council, perform all or any part of the functions of any of the positions or offices in lieu of the appointment of other persons to perform the same.

SECTION 3.13. Position classification and pay plans; employment at will.

The city manager shall be responsible for the preparation of a position classification and a pay plan which shall be submitted to the city council for approval. Said plan may apply to all employees of the City of Oakwood and any of its agencies and offices. When a pay plan has been adopted by the city council, neither the city council nor the city manager shall increase or decrease the salaries of individual employees except in conformity with such pay plan or pursuant to an amendment of said pay plan duly adopted by the city council. Except as otherwise provided in this charter, all employees of the city shall be subject to removal or discharge, with or without cause, at any time.

ARTICLE IV JUDICIAL BRANCH
SECTION 4.01. Creation.

There is established a court to be known as the Municipal Court of the City of Oakwood which shall have jurisdiction and authority to try offenses against the laws and ordinances of said city and to punish for a violation of the same. Such court shall have the power to enforce its judgments by the imposition of such penalties as may be provided by law,

GEORGIA LAWS 2007 SESSION

4183

including ordinances of the city; to punish witnesses for nonattendance and to punish also any person who may counsel or advise, aid, encourage, or persuade another whose testimony or material is desired in any proceeding before said court to go or move beyond the reach of the process of the court; and to try all offenses within the territorial limits of the city constituting traffic cases which, under the laws of the State of Georgia, are placed within the jurisdiction of municipal courts to the extent of, and in accordance with, the provisions of such laws and all laws subsequently enacted amendatory thereof. Said court shall be presided over by the judge of said court. In the absence or disqualification of the judge, the judge pro tempore shall preside and shall exercise the same powers and duties as the judge when so acting.

SECTION 4.02. Judge.

(a) No person shall be qualified or eligible to serve as judge unless he or she shall have attained the age of25 years and shall have been a member of the State Bar of Georgia for a minimum of three years. The judge shall be appointed by resolution of the city council. The compensation of the judge shall be fixed by the city council. The position of judge created in this article shall not be a full-time position and the person serving in said position may engage in the private practice of law. (b) The judge pro tempore shall serve as requested by the judge, shall have the same qualifications as the judge, shall be appointed by resolution of the city council, and shall take the same oath as the judge. (c) Before entering on duties of his or her office, the judge and judge pro tempore shall take an oath before an officer duly authorized to administer oaths in this state declaring that he or she will truly, honestly, and faithfully discharge the duties of his or her office to the best of his or her ability without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council. (d) The judge, or judge pro tempore, shall serve for a term of four years but may be removed from the position by a two-thirds' vote of the entire membership of the city council or upon action taken by the State Judicial Qualifications Commission for:
{1) Willful misconduct in office; {2) Willful and persistent failure to perform duties; {3) Habitual intemperance; (4) Conduct prejudicial to the administration ofjustice which brings the judicial office into disrepute; or {5) Disability seriously interfering with the performance of duties, which is, or is likely to become, of a permanent character.

4184

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 4.03. Convening.

Said court shall be convened at such times as designated by ordinance or at such times as deemed necessary by the judge to keep current the dockets thereof.

SECTION 4.04. Jurisdiction; powers.

(a) The municipal court shall try and punish for crimes against the City of Oakwood and for violation of its ordinances. The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or imprisonment for 15 days. The municipal court may fix punishment for offenses within its jurisdiction to the full extent allowed by state law. (b) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation. (c) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as security for appearances 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, the bond shall be forfeited by the judge presiding at such time and an execution issued thereon by serving the defendant and his or her sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu 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 of Oakwood or the property so deposited shall have a lien against it for the value forfeited. (d) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears, by probable cause, that a state law has been violated. (e) The municipal court shall have the authority to administer oaths and to perform all other acts necessary or proper to the conduct of said court. (f) The municipal court may compel the presence ofall parties necessary to a proper disposal of each case by the issuance of summons, subpoena, and warrants which may be served as executed by any officer as authorized by this charter or by state law. (g) The municipal court is specifically vested with the entire judicial jurisdiction and judicial powers throughout the entire area of the City of Oakwood granted by state laws generally to municipal courts and particularly by such laws as authorize the abatement of nuisances.

GEORGIA LAWS 2007 SESSION
SECTION 4.05. Certiorari.

4185

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 Hall County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.

SECTION 4.06. 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.

ARTICLE V FINANCE AND FISCAL
SECTION 5.01. Fiscal year.

The city council shall set the fiscal year by ordinance. Said fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, institution, agency, and activity of the city government unless otherwise provided by state or federal law.

SECTION 5.02. Preparation of budgets.

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

SECTION 5.03. Submission of operating budget to city council.

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, after review and comment by the mayor, submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the city manager containing a statement of the general fiscal policies ofthe city, the important features ofthe budget, explanations of major changes

4186

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

recommended for the next fiscal year, a general summary of the budget, and such other comments and information as he or she may deem pertinent. The operating budget and the capital improvements budget, the budget message, and all supporting documents shall be filed in the office of the city manager and shall be open to public inspection.

SECTION 5.04. Action by city council on budget.

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 law and 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 constituting the fund availability of such fund.

SECTION 5.05. Audits.

(a) There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing cost to the public. (b) As a minimum, all audits and budgets of the city shall satisfy the requirements of Chapter 81 of Title 36 of the O.C.G.A., relating to local government audits and budgets.

SECTION 5.06. Homestead exemptions.

Any homestead exemptions applicable to ad valorem taxes levied by the city shall be as provided by Act of the General Assembly pursuant to Article VII, Section II, Paragraph II of the Constitution of Georgia.

ARTICLE VI GENERAL PROVISIONS
SECTION 6.01. Severability.

In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or

GEORGIA LAWS 2007 SESSION

4187

adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

SECTION 6.02. Existing ordinances, resolutions, rules, and regulations.

Existing ordinances, resolutions, rules, and regulations of this city not in conflict with this charter shall continue in full force and effect unless repealed or amended.

SECTION 6.03. Specific repealer.

An Act incorporating the City of Oakwood in the County of Hall, approved April I, 1979 (Ga. L. 1979, p. 3089), is hereby repealed in its entirety and all amendatory acts thereto are likewise repealed in their entirety.

SECTION 6.04. Effective date.

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

SECTION 6.05. Repealer.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to provide a new charter for the City of Oakwood; to provide for incorporation, boundaries, and powers of the city; to provide for general powers and limitations on powers; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, suspension, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances; to provide for the office of mayor and mayor pro tempore and certain duties and powers relative thereto; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to

4188

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

provide for a city manager, a city attorney, a city clerk, and other personnel; to provide for a municipal court and the judge or judges thereof; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for ethics and disclosures; 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 accounting and budgeting; to provide for city contracts and purchasing; to provide for bonds for officials; to provide for prior ordinances and rules, pending matters, and existing personnel; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for effective dates; to provide for severability; to repeal conflicting laws; and for other purposes.

This 23rd day of February, 2007.

Donald T. Hunt, City Attorney

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James Mills, who on oath deposes and says that he is the Representative from District 25 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Times which is the official organ of Hall County on February 23,2007, and that the notice requirements of Code Section 28-1-14 have been met.

sf JAMES MILLS James Mills Representative, District 25

Sworn to and subscribed before me, this 28th day of February 2007.

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

Approved May 29, 2007.

GEORGIA LAWS 2007 SESSION

4189

CITY OF OAKWOOD- COMMUNITY IMPROVEMENT DISTRICTS.

No. 299 (House Bill No. 645).

AN ACT

To provide for the creation of one or more community improvement districts in the City of Oakwood; to provide for a short title; to provide for the purposes of said district or districts; to provide for definitions; to provide for a board to administer said district or districts; to provide for the appointment and election of members of said board or boards; to provide for taxes, fees, and assessments; to provide for establishment of the boundaries of said district or districts; to provide for a tax cap; to specify conditions whereby the continued existence of the district or districts or the continued existence of any one or more of the powers granted to the district or districts may be terminated; to provide procedures for termination of the district or districts; to provide for the alteration of district boundaries and the practices, procedures, and requirements related thereto; to provide for debt of said district or districts; to provide for cooperation with local governments; to provide for powers of said boards; to provide for notes and other obligations of said district or districts; to provide for authorized contents of agreements and instruments of the board generally, use of proceeds of notes or other obligations, and subsequent issues of notes or other obligations; to provide for construction; to provide that no notice, proceeding, publication, or referendum shall be required; to provide for dissolution; to provide the procedures connected with all of the foregoing; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

This Act shall be referred to as the "City of Oakwood Community Improvement District

Act."

I

SECTION 2. Purpose.

The purpose of this Act shall be to provide enabling legislation for the creation of one or more community improvement districts within the City of Oakwood, and such district or districts may be created for the provision of some or all of the following governmental services and facilities as provided and authorized by Article IX, Section VII of the Constitution of the State of Georgia and the resolution activating each district as it now exists or is hereafter amended or supplemented as provided for by law, including, but not limited to:

4190

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

( 1) Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices and services to control the flow of traffic on streets and roads or services in connection therewith; (2) Parks and recreational areas and facilities and services; (3) Public transportation, including, but not limited to, services intended to reduce the volume of automobile traffic, to transport two or more persons in conveyances, to improve air quality, and to provide bicycle and pedestrian facilities and the operation of a traffic management association or similar entity and services; (4) Terminal and dock facilities and parking facilities and services; and (5) Such other services and facilities as may be provided for by general law or as the Georgia Constitution may authorize or provide now or hereafter.

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 of livestock or poultry, and the operation of dairies, horse boarding facilities, and riding stables. (2) "Board" means the governing body created for the governance of a community improvement district herein authorized. (3) "Caucus of electors" means the meeting of electors hereinafter provided for at which the elected board members of the district are elected. A quorum at such caucus shall consist of those electors present, and a majority of those present and voting is necessary to elect board members. No proxy votes may be cast. (4) "City council" means the duly elected city council of the City of Oakwood. (5) "City governing authority or body" means the city council and the mayor. (6) "District" means the geographical area designated as such by the resolution of the governing body of the City of Oakwood consenting to the creation of the community improvement district or districts or as thereafter modified by any subsequent resolution of the governing body or bodies within which the district is or is to be located or a body corporate and politic being a community improvement district created and activated pursuant hereto, as the context requires or permits. (7) "Electors" means the owners of real property within the given district which is subject to taxes, fees, and assessments levied by the board as they appear on the most recent ad valorem real property tax return records of Hall County or one officer or director of a corporate elector, one trustee of a trust which is an elector, one partner of a partnership elector, or one designated representative of an elector whose designation is made in writing to the Hall County tax commissioner and the city clerk of the City of Oakwood at least ten days prior to an election. An owner of property that is subject to taxes, fees, or assessments levied by the board shall have one vote for an election based on numerical majority. An

GEORGIA LAWS 2007 SESSION

4191

owner of multiple parcels has one vote, not one vote per parcel, for an election based on numerical majority. Multiple owners of one parcel have one vote for an election based on numerical majority which must be cast by one of their number who is designated in writing. (8) "Equity electors" means electors who cast votes equal to each $1,000.00 value of all owned real property within the given district which is then subject to taxes, fees, and assessments levied by the board. Value of real property shall be the assessed value. (9) "Forestry" means the planting and growing of trees for sale in a program which includes reforestation of harvested trees, regular underbrush and undesirable growth clearing, fertilizing, pruning, thinning, cruising, and marking which indicate an active tree farming operation. The term does not include the casual growing of trees on land otherwise idle or held for investment, even though some harvesting of trees may occur thereon. (10) "Mayor" means the duly elected mayor of the City of Oakwood. (11) "Project" means the acquisition, construction, installation, modification, renovation, or rehabilitation of land, interests in land, buildings, structures, facilities, or other improvements, including operation of facilities or other improvements, located or to be located within or otherwise providing service to the district and the acquisition, installation, modification, renovation, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvements for the purposes set forth in Section 2 of this Act. (12) "Property owner" or "owner of real property" means any entity or person shown as a taxpayer for one or more parcels of real estate on the most recent ad valorem tax records of Hall County within the district as certified by the Hall County tax commissioner. (13) "Property used nonresidentially" means property or any portion thereof used for neighborhood shopping, planned shopping centers, general commercial buildings, transient lodging facilities, tourist services, office or institutional buildings, office services, light industry, heavy industry, central business district, parking, or other commercial or business use or vacant land zoned or approved for any of the aforementioned uses which do not include residential. (14) "Residential" means a specific structure, work, or improvement undertaken primarily to provide either single family or multifamily dwelling accommodations for persons and families of four units or less and for which an application for a homestead exemption has been filed and accepted. (15) "Taxpayer" means an entity or person paying ad valorem taxes on real property, whether on one or more parcels of property 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.

4192

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(16) "Value" or "assessed value" of property means the values established in the most recent ad valorem tax reassessment of such properties certified by the chairperson of the Hall County Board of Tax Assessors.

SECTION 4. Creation.

Pursuant to Article IX, Section VII of the Constitution of the State of Georgia, there is created one or more community improvement districts to be located in the City of Oakwood, Georgia, wholly within the incorporated area thereof, which shall be activated upon compliance with the conditions set forth in this section. Each district, if more than one is implemented, shall be governed as directed by this Act. The conditions for such activation shall be:
(1) The adoption of a resolution consenting to the creation of the community improvement district or districts by the governing authority for the City of Oakwood and imposing such conditions on the projects and activities which may be undertaken as will ensure their compatibility with adopted city policies and planning for the area; and (2) The written consent to the creation of the community improvement district by:
(A) A majority of the owners of real property within the given district which will be subject to taxes, fees, and assessments levied by the board of the given district; and (B) The owners of real property within the given district which constitutes at least 75 percent by value of all real property within the district which will be subject to taxes, fees, and assessments levied by the board. For this purpose, value shall be determined by the most recent approved county ad valorem tax digest. The written consent provided for in this paragraph shall be submitted to the Hall County tax commissioner, who shall certify whether subparagraphs (A) and (B) of this paragraph have been satisfied with respect to such proposed district. The district or districts or respective board or boards created under this Act shall not transact any business or exercise any powers under this Act until the foregoing conditions are met. A copy of such resolutions shall be filed with the Secretary of State and with the city clerk of the City of Oakwood, who shall each maintain a record of the district activated under this Act. Nothing contained herein shall limit the ability of the governing authority of the City of Oakwood to implement more than one community improvement district so long as the requirements hereof and of the Georgia Constitution are satisfied. The provisions of this Act shall be construed so as to provide for the independent application and exercise of all powers for each district contained herein including the ability to levy taxes as outlined herein as separately and independently authorizing and empowering such separate community improvement districts created hereby. Nothing contained herein shall require the governing authority of the City of Oakwood to create more than one community improvement district or to require the creation of a new district if the district boundaries of an existing district are changed, added to, supplemented, or modified.

GEORGIA LAWS 2007 SESSION
SECTION 5. Administration, appointment, and election of board members.

4193

Each district created pursuant hereto shall be administered either by the governing authority or by a board as prescribed under this Act. In the event that a district is to be governed by such a board, the board shall be composed of a minimum of seven board members to be appointed and elected as hereinafter provided:
(I) Two board members shall be appointed by the mayor of the City of Oakwood and confirmed by a majority of the city council, one of whom shall be a member of the city council, to serve in posts 6 and 7. Three board members shall be elected by the vote of electors, and two members shall be elected by the vote of equity electors. The members representing the electors and equity electors shall be elected to serve in post positions I through 5, respectively. Each elected board member must receive a majority of the votes cast for the post for which he or she is a candidate. Votes for posts 1 and 2 shall be cast by electors, and votes for posts 3, 4, and 5 shall be cast by the equity electors. The initial term of office for the members representing posts 1 and 3 shall be one year. The initial term of office for the members representing posts 2 and 5 shall be two years, and the initial term of office of the members representing post 3 shall be three years. Thereafter, all terms of office shall be for four years except the appointed board members who shall serve at the pleasure of the appointing body which appointed him or her. Elected board members shall be subject to recall in the same manner as elected. (2) The initial board members to be elected as provided in paragraph (1) of this section shall be elected in a caucus of electors which shall be held within 120 days after the adoption of the resolution by the City ofOakwood consenting to the creation ofthe district and the obtaining of the written consents herein provided at such time and place within the district as the City of Oakwood shall designate after notice thereof shall have been given to said electors by publishing same in the legal organ of Hall County as hereinafter provided. Thereafter, there shall be conducted annually, not later than 120 days following the last day for filing ad valorem real property tax returns in Hall 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 Hall County at least once each week for four weeks prior to such election. (3) Board members shall receive no compensation for their services but shall be reimbursed for actual expenses reasonably incurred in the performance of their duties. They shall elect one of their number as chairperson and another as vice chairperson. They

4194

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

shall also elect a secretary and a treasurer or a secretary/treasurer, either of whom may, but need not, be a member of the board or an elector. (4) If the boundaries of a district are subsequently changed after creation of the district to include land within a municipality which was not a party to the creation of the district or, if a municipality's boundaries are changed to include land within an existing district, the governing authority of the municipality shall acquire the right to appoint a member to the board of the district upon entering into the cooperation agreement provided for in Section 9 of this Act. If, by municipal annexation or by deannexation of land from a district, the district no longer includes land within the incorporated area of the City of Oakwood 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. (5) 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. Should a vacancy in office of a district board member occur and the regular caucus of electors is more than six months in the future, a special election shall be called to fill such vacancy, unless it is filled by appointment as hereinabove required. The district board may adopt such bylaws not inconsistent herewith to provide for any matter concerning such elections.

SECTION 6. Taxes, fees, and assessments.

(a) The board may levy taxes, fees, and assessments within the district only on real property used nonresidentially, specifically excluding all property exempt from ad valorem taxation under the Constitution or Jaws of the State of Georgia; all property used for residential, agricultural, or forestry purposes; and all tangible personal property and intangible property. Any tax, fee, or assessment so levied shall not exceed 2.5 percent of the aggregate assessed value of all such real property, subject to such limitations as the governing authority for the City of Oakwood may implement with the adoption of a resolution consenting to the creation of said district. The taxes, fees, and assessments levied by the board shall be equitably apportioned among the properties subject to such taxes, fees, and assessments according to the need for governmental services and facilities created by the degree of density of development of each such property. The proceeds of taxes, fees, and assessments levied by the board shall be used only for the purpose of providing those governmental services and facilities set forth in Section 2 of this Act which are specially required by the degree of density of development within the district and not for the purpose of providing those governmental services and facilities provided to the municipality as a whole. Any tax, fee, or assessment so levied shall be collected by the City of Oakwood in the same manner as taxes, fees, and assessments are levied by the City of Oakwood. Delinquent taxes shall bear the same interest and penalties as City of Oakwood ad valorem taxes and may be enforced and collected in the same manner. The proceeds of taxes, fees, and assessments so levied,

GEORGIA LAWS 2007 SESSION

4195

less a fee to cover the costs of collection of 0.25 percent thereof, but not more than $10,000.00 in any one calendar year, shall be transmitted as soon as they are acquired by the City of Oakwood to the board and shall be expended by the board only for the purposes authorized hereby. (b) The board shall levy the taxes provided for in subsection (a) of this section subsequent to the report of the assessed taxable values for the current calendar year and notify in writing the collecting governing bodies so they may include the levy on their regular ad valorem tax bills, if possible. (c) There shall be a segregation of all funds from the levy of taxes, fees, and assessments as described hereunder for the district, and neither the City ofOakwood nor the Hall County tax commissioner shall expend for any purpose not authorized by the board of this district any such taxes, fees, or charges assessed and collected hereunder except for such costs as may be attributed to the billing and collection of such fees, levies, and assessments. (d) If, but for this provision, a parcel of real property is removed from a district or otherwise would become nontaxable, it shall continue to bear the tax millage levied by the district then extant upon such parcel for indebtedness of the district then outstanding until said indebtedness is paid or refunded.

SECTION 7. Boundaries of the district.

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

SECTION 8. Debt.

Except as otherwise provided in this section, the district may incur debt without regard to the requirements of Article IX, Section V ofthe Constitution ofthe State ofGeorgia, which debt shall be backed by the full faith and credit and taxing power of the district but shall not be an obligation of the State of Georgia or any other unit of government of the State of Georgia other than the district; provided, however, that the board and the district may not issue bonds

4196

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

validated under or in accordance with Article 3 of Chapter 82 of Title 36 of the O.C.G .A., known as the "Revenue Bond Law," or in accordance with such other successor provisions governing bond validation generally or as may be provided by law.

SECTION 9. Cooperation with local governments.

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

SECTION 10. Powers.

(a) The district and the board created pursuant hereto shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions hereof, including, without limiting the generality of the foregoing, the power to:
(1) Bring and defend actions; (2) Adopt and amend a corporate seal; (3) Make and execute contracts, agreements, and other instruments necessary or convenient to exercise the powers of the board or to further the public purposes for which the district is created, including, but not limited to, contracts for construction of projects, leases of projects, contracts for sale of projects, agreements for loans to finance projects, contracts with respect to the use of projects, and agreements with other jurisdictions or community improvement districts regarding multijurisdictional projects or services or for other cooperative endeavors to further the public purposes of the district; (4) Acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character, or any interest therein, in furtherance of the public purposes of the district; (5) Finance (by loan, private grant, lease, or otherwise), construct, erect, assemble, purchase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend, improve, install, sell, equip, expand, add to, operate, or manage projects and to pay the cost

GEORGIA LAWS 2007 SESSION

4197

of any project from the proceeds of the district or any other funds of the district, or from any contributions or loans by persons, corporations, partnerships (whether limited or general), or other entities, all of which the board is authorized to receive, accept, and use; (6) Borrow money to further or carry out its public purposes and to execute bonds, notes, other obligations, leases, trust indentures, trust agreements, agreements for the sale of its notes or other obligations, loan agreements, security agreements, assignments, and such other agreements or instruments as may be necessary or desirable, in the judgment of the board, to evidence and to provide security for such borrowing; (7) Issue notes or other obligations of the district and use the proceeds thereof for the purpose of paying all or any part of the cost of any project and otherwise to further or carry out the public purposes of the district and to pay all reasonably incurred costs of the board incidental to, or necessary and appropriate to, furthering or carrying out such purposes; provided, however, that the board and the district may not issue bonds validated under or in accordance with Article 3 of Chapter 82 of Title 36 of the O.C.G .A., known as the "Revenue Bond Law," or in accordance with such other successor provisions governing bond validation generally or as may be provided by law; (8) Make application directly or indirectly to any private source for loans, grants, guarantees, or other financial assistance in furtherance ofthe district's public purposes and to accept and use the same upon such terms and conditions as are prescribed by such private source; provided, however, that the district and the board shall not have the power to apply for, receive, administer, or utilize grants from federal, state, county, or municipal governments or agencies or any other public sources; (9) Enter into agreements with the federal government or any agency thereof to use the facilities or services of the federal government or any agency thereof in order to further or carry out the public purposes of the district; (10) Contract for any period, not exceeding 50 years, with the State of Georgia, state institutions, or any municipal corporation, county, or political subdivision of this state for the use by the district of any facilities or services of the state or any such state institution, municipal corporation, county, or political subdivision of this state or for the use by any state institution or any municipal corporation, county, or political subdivision of the state of any facilities or services of the district, provided that such contracts shall deal with such activities and transactions as the district and any such political subdivision with which the district contracts are authorized by law to undertake; (11) Grant, mortgage, convey, assign, or pledge its property, revenues or taxes, or fees or assessments to be received as security for its notes or other indebtedness and obligations; (12) Receive and use the proceeds of any tax levied by any county or any municipal corporation to pay the costs of any project or for any other purpose for which the board may use its own funds pursuant hereto; (13) Receive and administer gifts, private grants, and devises of money and property of any kind and to administer trusts;

4198

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(14) Use any real property, personal property, or fixtures or any interest therein or to rent or lease such property to or from others or make contracts with respect to the use thereof or to sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant options for any such property in any manner as it deems to be the best advantage of the district and the public purposes thereof; (15) Appoint, select, and employ engineers, surveyors, architects, urban or city planners, fiscal agents, attorneys, and others and to fix their compensation and pay their expenses; (16) Encourage and promote the improvement and development of the district and to make, contract for, or otherwise cause to be made long range plans or proposals for the district in cooperation with the City of Oakwood and any municipal corporations in which the district is wholly or partially located; (17) Invest its funds, whether derived from the issuance of its bonds or otherwise, in such manner as it may deem prudent and appropriate, without further restriction; (18) Adopt bylaws governing the conduct of business by the board, the election and duties of officers of the board, and other matters which the board determines to deal with in its bylaws; (19) Exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purposes of the district; and (20) Do all things necessary or convenient to carry out the powers conferred hereby. (b) The powers enumerated in subsection (a) of this section are cumulative of and in addition to those powers enumerated herein and elsewhere in this Act, and no such power limits or restricts any other power of the board except where expressly noted.

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

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

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

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

GEORGIA LAWS 2007 SESSION
SECTION 13. Dissolution.

4199

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

SECTION 14. Repealer.

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

4200

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 2007 session of the General Assembly of Georgia a bill to provide for the creation of one or more community improvement districts in the City of Oakwood; to provide for a short title; to provide for the purposes of said district or districts; to provide for definitions; to provide for a board to administer said district or districts; to provide for the appointment and election of members of said board or boards; to provide for taxes, fees, and assessments; to provide for establishment of the boundaries of said district or districts; to provide for a tax cap; to specify conditions whereby the continued existence of the district or districts or the continued existence of any one or more of the powers granted to the district or districts may be terminated; to provide procedures for termination of the district or districts; to provide for the alteration of district boundaries and the practices, procedures, and requirements related thereto; to provide for debt of said district or districts; to provide for cooperation with local governments; to provide for powers of said boards; to provide for notes and other obligations of said district or districts; to provide for authorized contents of agreements and instruments of the board generally, use of proceeds of notes or other obligations, and subsequent issues of notes or other obligations; to provide for construction; to provide that no notice, proceeding, publication, or referendum shall be required; to provide for dissolution; to provide the procedures connected with all of the foregoing; to repeal conflicting laws; and for other purposes.

This 23rd day of February, 2007.

Donald T. Hunt, City Attorney

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James Mills, who on oath deposes and says that he is the Representative from District 25 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Times which is the official organ of Hall County on February 23, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

s/ JAMES MILLS James Mills Representative, District 25

GEORGIA LAWS 2007 SESSION
Sworn to and subscribed before me, this 28th day of February 2007.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 29, 2007.

4201

CITY OF MARIETTA- BOARD OF EDUCATION; COMPENSATION.
No. 300 (House Bill No. 701).
AN ACT
To amend an Act creating a system of public schools for the City of Marietta in the County of Cobb, approved December 29, 1890 (Ga. L. 1890-91, Vol. II, p. I 0 14), as amended, so as to provide for compensation of the board; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating a system of public schools for the City of Marietta in the County of Cobb, approved December 29, !890 (Ga. L. 1890-91, Vol. II, p. I0 14), as amended, is amended by revising subsection (c) of Section 3 as follows:
"(c) The members of the board shall be paid $553.00 per month as compensation out of the budget of the board of education revenues, and the chairperson shall be compensated an additional $100.00 per month out of the budget of the board of education revenues."
SECTION 2. This Act shall become effective on July I, 2007.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

4202

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 2007 session of the General Assembly of Georgia a bill to amend an Act creating a system of public schools for the City of Marietta in the County of Cobb, approved December 29, 1890 (Ga. L. 1890-91, Vol. II, p. 1014), as amended; and for other purposes.

This 22nd day of February 2007

R. Steve Tumlin, Jr. Chair, Cobb Delegation

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, R. Steve Tumlin, Jr., who on oath deposes and says that he is the Representative from District 38 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County on March 2, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

s/ R. STEVE TUMLIN, JR. R. Steve Tumlin, Jr. Representative, District 38

Sworn to and subscribed before me, this March 12, 2007.

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

Approved May 29, 2007.

GEORGIA LAWS 2007 SESSION FULTON COUNTY- BOARD OF EDUCATION; COMPENSATION.

4203

No. 301 (House Bill No. 733).

AN ACT

To amend an Act providing for the number of members and for the election of members of the Board of Education of Fulton County, approved February 10, 1984 (Ga. L. 1984, p. 3591), as amended, so as to provide for salaries for the members of such board; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act providing for the number of members and for the election of members of the Board of Education of Fulton County, approved February 10, 1984 (Ga. L. 1984, p. 3591), as amended, is amended by revising subsection (b) of Section 4 as follows:
0 (b) Each member of the Board of Education of Fulton County, including the president of such board, shall be compensated in the amount of$18,500.00 to be paid in equal monthly installments.0

SECTION 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to amend an Act providing for the number of members and for the election of members of the Board of Education of Fulton County, approved February 10, 1984 (Ga. L. 1984, p. 3591), as amended, so as to provide for salaries for the members of such board; to provide an effective date; to repeal conflicting laws; and for other purposes.
This 12th day of February, 2007.
Representative Wendell K. Willard 49th District

4204

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wendell Willard, who on oath deposes and says that he is the Representative from District 49 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Daily Report which is the official organ of Fulton County on February 15,2007, and that the notice requirements ofCode Section 28-1-14 have been met.

s/ WENDELL WILLARD Wendell Willard Representative, District 49

Sworn to and subscribed before me, this 15th day of February 2007.

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

Approved May 29,2007.

JONES COUNTY- BOARD OF COMMISSIONERS; COMPENSATION AND TRAVEL EXPENSES.
No. 302 (House Bill No. 738).
AN ACT
To amend an Act creating the Board of Commissioners of Jones County, approved March 5, 1974 (Ga. L. 1974, p. 2162), as amended, particularly by an Act approved March 27, 1998 (Ga. L. 1998, p. 3912), so as to change the provisions relating to compensation and travel expenses of the members ofthe board of commissioners; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

GEORGIA LAWS 2007 SESSION

4205

SECTION 1. An Act creating the Board of Commissioners of Jones County, approved March 5, 1974 (Ga. L. 1974, p. 2162), as amended, particularly by an Act approved March 27, 1998 (Ga. L. 1998, p. 3912), is amended by striking Section 8 in its entirety and inserting in lieu thereof a new Section 8 to read as follows:

nSECTION 8. The chairperson of the board shall receive as compensation the sum of $550.00 per month, and the remaining members of the board shall receive as compensation the sum of$450.00 per month. Said members when traveling outside the county on county business shall also receive travel expenses when traveling by personal motor vehicle at the legal mileage rate authorized under Code Section 50-19-7 of the O.C.G.A., as now or hereafter amended, and actual expenses for lodging and meals upon submitting an itemized, verified account to the board and upon approval by a majority of the members of the board. In addition, each member of the board, including the chairperson, shall receive a monthly expense allowance of $250.00. All of such amounts shall be paid from funds of Jones 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 2007 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Jones County, approved March 5, 1974 (Ga. L. 1974, p. 2162), as amended, so as to change the provisions relating to compensation and travel expenses of the members of the board of commissioners; to repeal conflicting laws; and for other purposes.
This 8th day of February, 2007.
Representative Jim Cole !25th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jim Cole, who on oath deposes and says that he is the Representative from District 125 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Jones County News which is the official organ of Jones County on March 15, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

4206

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
sf JIM COLE Jim Cole Representative, District 125

Sworn to and subscribed before me, this 20th day of March 2007.

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

Approved May 29, 2007.

CITY OF SOPERTON- CORPORATE LIMITS; COUNCIL DISTRICTS.
No. 303 (House Bill No. 763).
AN ACT
To amend an Act providing a new charter for the City of Soperton, approved March 14, 1984 (Ga. L. 1984, p. 4212), as amended, particularly by an Act approved March 15, 2004 (Ga. L. 2004, p. 3863), so as to annex certain tracts or parcels of land into the City of Soperton and to change the description of the council districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing a new charter for the City of Soperton, approved March 14, 1984 (Ga. L. 1984, p. 4212), as amended, particularly by an Act approved March 15, 2004 (Ga. L. 2004, p. 3863), is amended by adding at the end of Section 1.11 the following:
"In addition, the following tracts or parcels ofland shall be and are included as being a part of the City of Soperton:
All that tract or parcel of land lying, being and situate in the 1386th G. M. District of Treutlen County, Georgia, being described as follows: Beginning at the intersection of the city limits of the City of Soperton with the southwestern margin of State Route 29 as

GEORGIA LAWS 2007 SESSION

4207

said State Route 29 runs in a northwesterly direction from the City of Soperton; thence run along said margin of State Route 29 in a northwesterly direction approximately 0.9 miles to the intersection of said margin of State Route 29 with the northwestern margin of County Road No. 94, also known as Knox Mill Road; thence run along said margin of Knox Mill Road in a northeasterly direction to the intersection of said margin of said county road with the southwestern margin of County Road 157; thence along said margin of said County Road 157 north 66 degrees, 49 minutes, 33 seconds west a distance of I08.50 feet; thence south 23 degrees 10 minutes 27 seconds west a distance of 85 feet to a point; thence north 66 degrees 49 minutes 33 seconds west a distance of 30 feet to a point; thence north 23 degrees 10 minutes 27 seconds east a distance of 85 feet to the southwestern margin of said County Road #157; thence along said margin of said county Road north 66 degrees 49 minutes 33 seconds west a distance of 402.0 feet to a point; thence turning south 30 degrees 03 minutes 55 seconds west a distance of375.70 feet to a point located on the northeastern margin of the Seaboard Coast Line Railroad Right-of-Way; thence turning and running along said right-of-way of said railroad north 58 degrees 22 minutes 56 seconds a distance of 1,369.56 feet to a point; thence continuing along said railroad right-of-way north 58 degrees 23 minutes 56 seconds west a distance of I ,026.1 0 feet to a point; thence turning and running north 30 degrees 19 minutes 04 seconds east a distance of 401.68 feet to a point; thence continuing north 30 degrees 19 minutes 04 seconds east a distance of 80 feet across the right-of-way of county maintained paved road no. 152; thence continuing north 40 degrees 58 minutes 44 seconds east a distance of97 .50 feet to a point; thence continuing north 40 degrees 58 minutes 44 seconds east a distance of 1,719.99 feet to an iron pin; thence turning and running south 75 degrees 30 minutes 35 seconds east a distance of 588.98 feet to a point; thence south 76 degrees 14 minutes 58 seconds east a distance of 1,590.50 feet to an iron pin situated on the western margin of County Road 95; thence along said margin of County Road 95 south 10 degrees 25 minutes 23 seconds west a distance of 54.82 feet to a point; thence south 4 degrees 05 minutes 43 seconds west a distance of 199.34 feet to a 1.5 inch pipe; thence south 12 degrees 12 minutes 56 seconds west a distance of 389.57 feet to an iron rebar; thence south 29 degrees 41 minutes 57 seconds east a distance of 580.8 7 feet to a concrete marker set on the northern margin of County Road 94; thence running along the arc of the curve formed by said margin of said county road, the cord line distance and direction being south 56 degrees 30 minutes 21 seconds west a distance of 465.05 feet to a point; thence south 38 degrees 46 minutes 54 seconds west a distance of 131.99 feet to an iron pin; thence continuing along said margin of said County Road 94 south 33 degrees 48 minutes 39 seconds west a distance of 211.43 feet to a point; thence running south 29 degrees 44 minutes 42 seconds west a distance of 289.42 feet to an iron pin; thence crossing said County Road 94 and running south 68 degrees 52 minutes 35 seconds east a distance of 80 feet to a point; thence south 59 degrees 17 minutes 41 seconds east a distance of 377.26 feet to a point; to a point; thence continuing on south 30 degrees 47 minutes 57 seconds west a distance of 407.94 feet to

4208

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

a point; thence continuing south 30 degrees 47 minutes 33 seconds west a distance of 577.27 feet to a point on the eastern margin of the Seaboard Coast Line Railroad Right-of-Way; thence following the arc of the curve formed said railroad right-of-way, the cord line distance and direction being north 51 degrees 39 minutes 37 seconds west a distance of 367.27 feet to an iron pin situated on the southeastern margin of County Road 94, also known as Knox Mill Road; thence turning and running along said margin of County Road 94 in a southwesterly margin to the intersection of said margin of said county road with the northeastern margin of State Route 29; thence running in a southeasterly direction along said margin of State Route 29 to a point formed by the intersection of the northeastern margin of State Route 29 with the City Limits of the City of Soperton; thence proceeding along the City Limits of the City of Soperton in a southwesterly direction across State Route 29 to the intersection of the City Limits with southwestern margin of State Route 29 and the point of beginning. Included in this property is all of Tracts 'A', 'C-1', 'C-2', 'C-3', 'C-4' and 'D' as well as the 'well site' as described in that certain Plat of Survey prepared by Charles M. Zeigler, Georgia Registered land Surveyor, dated May 12, 1978, revised August 7, 1978 and filed for record April 22, 1987 in Plat Book 6, page 184 in the office of the Clerk of Superior Court of Treutlen County, Georgia. Said property also includes all of that certain tract of land described at 'Tract T-1' containing 95.322 acres, more or less, in that certain plat of survey prepared by Billy Flanders, Georgia Registered land Surveyor, dated February 6, 2007 and filed for record in Plat Book 8, page 79 in the office of the Clerk of Superior Court of Treutlen County, Georgia. Said Plats are hereby incorporated into this description by reference thereto.'

SECTION 2. Said Act is further amended by adding at the end of the description of District 2 in subsection (a) of Section 5.12 the following:
"In addition, the following tracts or parcels ofland shall be and are included as being a part of this district:
Beginning at the intersection of the city limits of the City of Soperton with the southwestern margin of State Route 29 as said State Route 29 runs in a northwesterly direction from the City of Soperton; thence run along said margin of State Route 29 in a northwesterly direction approximately 0.9 miles to the intersection of said margin of State Route 29 with the northwestern margin of County Road No. 94, also known as Knox Mill Road; thence run along said margin of Knox Mill Road in a northeasterly direction to the intersection of said margin of said county road with the southwestern margin of County Road 157; thence along said margin of said County Road 157 north 66 degrees, 49 minutes, 33 seconds west a distance of 108.50 feet; thence south 23 degrees 10 minutes 27 seconds west a distance of 85 feet to a point; thence north 66 degrees 49 minutes 33 seconds west a distance of 30 feet to a point; thence north 23 degrees 10 minutes 27 seconds east a distance of 85 feet to the southwestern margin of said County

GEORGIA LAWS 2007 SESSION

4209

Road #157; thence along said margin of said county Road north 66 degrees 49 minutes 33 seconds west a distance of 402.0 feet to a point; thence turning south 30 degrees 03 minutes 55 seconds west a distance of 375.70 feet to a point located on the northeastern margin of the Seaboard Coast Line Railroad Right-of-Way; thence turning and running along said right-of-way of said railroad north 58 degrees 22 minutes 56 seconds a distance of 1,369.56 feet to a point; thence continuing along said railroad right-of-way north 58 degrees 23 minutes 56 seconds west a distance of 1,026.10 feet to a point; thence turning and running north 30 degrees 19 minutes 04 seconds east a distance of 401.68 feet to a point; thence continuing north 30 degrees 19 minutes 04 seconds east a distance of 80 feet across the right-of-way of county maintained paved road no. 152; thence continuing north 40 degrees 58 minutes 44 seconds east a distance of 97.50 feet to a point; thence continuing north 40 degrees 58 minutes 44 seconds east a distance of 1,719.99 feet to an iron pin; thence turning and running south 75 degrees 30 minutes 35 seconds east a distance of 588.98 feet to a point; thence south 76 degrees 14 minutes 58 seconds east a distance of 1,590.50 feet to an iron pin situated on the western margin of County Road 95; thence along said margin of County Road 95 south 10 degrees 25 minutes 23 seconds west a distance of 54.82 feet to a point; thence south 4 degrees 05 minutes 43 seconds west a distance of 199.34 feet to a 1.5 inch pipe; thence south 12 degrees 12 minutes 56 seconds west a distance of 389.57 feet to an iron rebar; thence south 29 degrees 41 minutes 57 seconds east a distance of 580.87 feet to a concrete marker set on the northern margin of County Road 94; thence running along the arc of the curve formed by said margin of said county road, the cord line distance and direction being south 56 degrees 30 minutes 21 seconds west a distance of 465.05 feet to a point; thence south 38 degrees 46 minutes 54 seconds west a distance of 131.99 feet to an iron pin; thence continuing along said margin of said County Road 94 south 33 degrees 48 minutes 39 seconds west a distance of 211.43 feet to a point; thence running south 29 degrees 44 minutes 42 seconds west a distance of 289.42 feet to an iron pin; thence crossing said County Road 94 and running south 68 degrees 52 minutes 35 seconds east a distance of 80 feet to a point; thence south 59 degrees 17 minutes 41 seconds east a distance of 377.26 feet to a point; to a point; thence continuing on south 30 degrees 47 minutes 57 seconds west a distance of 407.94 feet to a point; thence continuing south 30 degrees 47 minutes 33 seconds west a distance of 577.27 feet to a point on the eastern margin of the Seaboard Coast Line Railroad Right-of-Way; thence following the arc of the curve formed said railroad right-of-way, the cord line distance and direction being north 51 degrees 39 minutes 37 seconds west a distance of 367.27 feet to an iron pin situated on the southeastern margin of County Road 94, also known as Knox Mill Road; thence turning and running along said margin of County Road 94 in a southwesterly margin to the intersection ofsaid margin ofsaid county road with the northeastern margin of State Route 29; thence running in a southeasterly direction along said margin of State Route 29 to a point formed by the intersection of the northeastern margin of State Route 29 with the City Limits of the City of Soperton; thence proceeding along the City Limits

4210

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

of the City of Soperton in a southwesterly direction across State Route 29 to the intersection of the City Limits with southwestern margin of State Route 29 and the point of beginning. Included in this property is all of Tracts 'A', 'C-1 ', 'C-2', 'C-3', 'C-4' and 'D' as well as the 'well site' as described in that certain Plat of Survey prepared by Charles M. Zeigler, Georgia Registered land Surveyor, dated May 12, 1978, revised August 7, 1978 and filed for record April 22, 1987 in Plat Book 6, page 184 in the office of the Clerk of Superior Court of Treutlen County, Georgia. Said property also includes all of that certain tract of land described at 'Tract T-1' containing 95.322 acres, more or less, in that certain plat of survey prepared by Billy Flanders, Georgia Registered land Surveyor, dated February 6, 2007 and filed for record in Plat Book 8, page 79 in the office of the Clerk of Superior Court ofTreutlen County, Georgia. Said Plats are hereby incorporated into this description by reference thereto."

SECTION 3. It shall be the duty of the attorney of the governing authority of the City of Soperton to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended.

SECTION 4. This Act shall become effective January 1, 2008.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGlSLATION Notice is given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Soperton, approved March 14, 1984 (Ga. L. 1984, p. 4212), as amended, particularly by an Act approved March 15, 2004 (Ga. L. 2004, p. 3863), so as to annex certain tracts or parcels of land into the City of Soperton and to change the description of the council districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes.
This 7th day of March, 2007.
Representative Greg Morris 155th District

GEORGIA LAWS 2007 SESSION GEORGIA, FULTON COUNTY

4211

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Greg Morris, who on oath deposes and says that he is the Representative from District 155 and further deposes and says that the attached Notice oflntention to Introduce Local Legislation was published in the Soperton News which is the official organ ofTreutlen County on March 21, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

s/ GREG MORRIS Greg Morris Representative, District 155

Sworn to and subscribed before me, this 27th day of March, 2007.

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

Approved May 29, 2007.

LIBERTY COUNTY- HOMESTEAD EXEMPTION; COUNTY TAXES; BASE YEAR; DEFINITION; REFERENDUM.
No. 304 (House Bill No. 767).
AN ACT
To amend an Act entitled "An Act to provide a homestead exemption from Liberty County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year assessed value of such homestead," approved May 17, 2004 (Ga. L. 2004, p. 3818), so as to define a certain term so that such exemption shall extend to repairs or improvements to the homestead not exceeding 5 percent; 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:

4212

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 1. An Act entitled "An Act to provide a homestead exemption from Liberty County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year assessed value of such homestead," approved May 17, 2004 (Ga. L. 2004, p. 3818), is amended by revising subsection (a) as follows:
"(a) As used in this Act, the term: (1) 'Ad valorem taxes for county purposes' means all ad valorem taxes for county purposes levied by, for, or on behalf of Liberty County, including, but not limited to, any ad valorem taxes to pay interest on and to retire county bonded indebtedness. (2) 'Base year' means the taxable year immediately preceding the taxable year in which the exemption under this Act is first granted to the most recent owner of such homestead; provided, however, that the tax commissioner shall adjust the base year assessed value annually by the lesser of 3 percent or the percentage change in the Consumer Price Index for all urban consumers, U.S. City Average, all items 1967-100, or successor report as reported by the United States Department of Labor Bureau of Labor Statistics. (3) 'Homestead' means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended, with the additional qualification that it shall include only the primary residence and not more than five contiguous acres of land immediately surrounding such residence. (4) 'Improvement' means repairs or improvements or both during any 12 month period which combined exceed 5 percent of the adjusted base year assessed value of the homestead."

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Liberty County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Liberty County for approval or rejection. The election superintendent shall conduct that election on the Tuesday next following the first Monday in November, 2007, and shall issue the call and conduct that election as provided by general law. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Liberty County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act be approved which provides that the homestead exemption from Liberty County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year assessed value of such homestead shall extend to improvements up to 5 percent of the value of the homestead?"

GEORGIA LAWS 2007 SESSION

4213

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect on January 1, 2008 and shall apply to the 2008 and subsequent tax years. 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 Liberty 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 2007 session of the General Assembly of Georgia a bill to amend an Act entitled "An Act to provide a homestead exemption from Liberty County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year assessed value of such homestead" approved May 17, 2004 (Ga.L.2004, p. 3818); and for other purposes.
This 6th day of March, 2007
Honorable AI Williams Representative, District 165
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, AI Williams, who on oath deposes and says that he is the Representative from District 165 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Coastal Courier which is the official organ of Liberty County on March 18,2007, and that the notice requirements of Code Section 28-1-14 have been met.

4214

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
s/ AL WILLIAMS AI Williams Representative, District 164

Sworn to and subscribed before me, this 27th day of March, 2007.

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

Approved May 29,2007.

LIBERTY COUNTY- HOMESTEAD EXEMPTION; SCHOOL TAXES; BASE YEAR; DEFINITION; REFERENDUM.
No. 305 (House Bill No. 768).
AN ACT
To amend an Act entitled "An Act to provide a homestead exemption from Liberty County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year assessed value of such homestead," approved May 17, 2004 (Ga. L. 2004, p. 3821 ), so as to define a certain term so that such exemption shall extend to repairs or improvements to the homestead not exceeding 5 percent; 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 entitled "An Act to provide a homestead exemption from Liberty County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value ofa homestead exceeds the adjusted base year assessed value of such homestead," approved May I 7, 2004 (Ga. L. 2004, p. 3821 ), is amended by revising subsection (a) as follows:
"(a) As used in this Act, the term:

GEORGIA LAWS 2007 SESSION

4215

(1) 'Ad valorem taxes for educational purposes' means all ad valorem taxes for educational purposes levied by, for, or on behalf of the Liberty County School District, including, but not limited to, any ad valorem taxes to pay interest on and to retire school district bonded indebtedness. (2) 'Base year' means the taxable year immediately preceding the taxable year in which the exemption under this Act is first granted to the most recent owner of such homestead; provided, however, that the tax commissioner shall adjust the base year assessed value annually by the lesser of3 percent or the percentage change in the Consumer Price Index for all urban consumers, U. S. City Average, all items 1967-100, or successor report as reported by the United States Department of Labor Bureau of Labor Statistics. (3) 'Homestead' means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended, with the additional qualification that it shall include only the primary residence and not more than five contiguous acres of land immediately surrounding such residence. (4) 'Improvement' means repairs or improvements or both during any 12 month period which combined exceed 5 percent of the adjusted base year assessed value of the homestead."

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Liberty County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Liberty County for approval or rejection. The election superintendent shall conduct that election on the Tuesday next following the first Monday in November, 2007, and shall issue the call and conduct that election as provided by general law. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Liberty County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act be approved which provides that the homestead exemption from Liberty County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year assessed value of such homestead shall extend to improvements up to 5 percent of the value of the homestead?"

All those 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 of full force and effect on January 1, 2008 and shall apply to the 2008 and subsequent tax years. 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

4216

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

on the first day of January immediately following that election date. The expense of such election shall be borne by Liberty 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 2007 session of the General Assembly of Georgia a bill to amend an Act entitled "An Act to provide a homestead exemption from Liberty County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year assessed value of such homestead" approved May 17, 2004 (Ga. L. 2004, p. 3818); and for other purposes.
This 6th day of March, 2007.
Honorable AI Williams Representative, District 165
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Al Williams, who on oath deposes and says that he is the Representative from District 165 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Costal Courier which is the official organ of Liberty County on March 18, 2007, and that the notice requirements of Code Section 28-1-14 have been met.
s/ AL WILLIAMS AI Williams Representative, District 164

GEORGIA LAWS 2007 SESSION
Sworn to and subscribed before me, this 27th day of March, 2007.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 29,2007.

4217

COBB COUNTY- DEPUTY CLERK OF SUPERIOR COURT; COMPENSATION.
No. 306 (House Bill No. 780).
AN ACT
To amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved May l, 2006 (Ga. L. 2006, p. 3990), so as to change the compensation of the deputy clerk ofthe superior court; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved May l, 2006 (Ga. L. 2006, p. 3990), is amended by striking subsection (b) of Section 4 thereof and inserting in its place a new subsection (b) to read as follows:
(b) The clerk of the superior court shall be allowed a deputy clerk whose annual salary shall be $91,769.60, to be paid in equal monthly installments from the funds in the county treasury. Any candidate for the office of clerk of the Superior Court of Cobb County shall, on the date of his or her qualification for such office in either a primary or general election, certify to the judge of the Probate Court of Cobb County the name of the person he or she shall appoint as deputy clerk in the event he or she is elected to the office of clerk; and the person so named and certified by the successful candidate for such office shall serve as the

4218

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

deputy clerk during the term for which he or she was so named. In the event of the death or removal from office of said deputy clerk, the clerk of the superior court shall have 30 days from said date of death or removal from office of said deputy clerk to certify to the judge of the Probate Court of Cobb County the name of the new deputy clerk to be appointed. In addition to said deputy clerk, the clerk of the Superior Court of Cobb County shall be authorized and empowered to employ the clerical help necessary to perform properly the functions and duties of the office, provided that the number of employees and salaries or other compensation to be paid to each shall first be approved by the governing authority 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 2007 session of the General Assembly of Georgia a bill to amend Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended; and for other purposes.

This 12th day of March 2007.

Rep. R. Steve Tumlin, Jr., Chairman Cobb County Legislative Delegation

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 March 16, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

s/ JUDY MANNING Judy Manning Representative, District 32

GEORGIA LAWS 2007 SESSION
Sworn to and subscribed before me, this 27th day of March, 2007.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2009 (SEAL)
Approved May 29, 2007.

4219

POLK COUNTY- BOARD OF EDUCATION; COMPENSATION AND EXPENSES.
No. 307 (House Bill No. 786).
AN ACT
To amend an Act providing a new Board of Education for Polk County, approved March 28, 1985 (Ga. L. 1985, p. 4985), as amended, particularly by an Act approved April21, 1997 (Ga. L. 1997, p. 4220) so as to provide the compensation and expenses of the members of the board of education; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing a new Board of Education for Polk County, approved March 28, 1985 (Ga. L. 1985, p. 4985), as amended, particularly by an Act approved April 21, 1997 (Ga. L. 1997, p. 4220) is amended by revising subsection (c) of Section 4 as follows:
n(c) Duly elected and serving members of the board of education shall receive $75.00 per diem for each day of attendance at all official meetings of the board of education and while meeting and traveling within or outside the state as a member of a committee of the board on official business authorized by the majority of the board. The members of the board shall be reimbursed for any expenses incurred in the performance of his or her official duties."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

4220

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 2007 session of the General Assembly of Georgia a bill to amend an Act providing a new Board of Education for Polk County, approved March 28, 1985 (Ga. L. 1985, p. 4985), as amended particularly by an Act approved April 21, 1997 (Ga. L. 1997, p. 4220); and for other purposes.

This 20th day of March 2007

Representative Rick Crawford 16th District

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rick Crawford, who on oath deposes and says that he is the Representative from District 16 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Cedartown Standard which is the official organ of Polk County on March 20,2007, and that the notice requirements of Code Section 28-1-14 have been met.

s/ RICK CRAWFORD Rick Crawford Representative, District 16

Sworn to and subscribed before me, this 28th day of March 2007.

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

Approved May 29, 2007.

GEORGIA LAWS 2007 SESSION CITY OF BUCHANAN- NEW CHARTER.

4221

No. 308 (House Bill No. 805).

AN ACT

To provide a new charter for the City of Buchanan; to provide for incorporation, boundaries, and powers of the city; to provide for general powers and limitations on powers; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, suspension, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances; to provide for the office of mayor and mayor pro tempore and certain duties and powers relative thereto; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city manager, a city attorney, a city clerk, and other personnel; to provide for a municipal court and the judge or judges thereof; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for ethics and disclosures; 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 accounting and budgeting; to provide for city contracts and purchasing; 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 provide for severability; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

ARTICLE I. CHARTER, CITY LIMITS, AND CORPORATE POWERS
SECTION 1.01. Name and incorporation.

This city and the inhabitants thereof are reincorporated by the enactment of this charter and are hereby constituted and declared a body politic and corporate under the name and style of the City of Buchanan, Georgia, and by that name shall have perpetual succession.

4222

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 1.02. Corporate limits.

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

SECTION 1.03. Powers and construction.

(a) The City of Buchanan shall have all powers possible for a city to have under the present or future Constitution and laws of this State, as fully and completely as though said powers were specifically enumerated in this charter. The city shall have all powers of self-government not otherwise prohibited by this charter or by general state law. (b) The powers of this city shall be construed liberally in favor of the city. The specific inclusion or omission of particular powers shall not be construed as extending or limiting the powers of the city in any way.

SECTION 1.04. Examples of powers.

(a) Animal Regulations. To regulate and license or to prohibit the keeping or running at-large of animals and fowl, and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder. (b) Appropriations and Expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure or borrowing of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city.

GEORGIA LAWS 2007 SESSION

4223

(c) Building Regulations. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes; to regulate all housing, and building trades; and to establish minimum standards for and regulate building construction and repair, electrical wiring and equipment, gas installation and equipment, plumbing, and housing for the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city, and to provide for the enforcement of such standards. (d) Business Regulation and Taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades and professions as authorized by Title 48 of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees. (e) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any public purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G .A., or such other applicable laws as are or may hereafter be enacted. (f) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations, to the extent permitted by this charter and the general law of this State. (g) Economic Development. To levy taxes, make appropriations, provide incentive plans, conduct industrial recruitment, and take other actions necessary to promote or advertise the city and its advantages and resources so as to bring new capital, commercial, and other manufacturing enterprises into the city and create new employment opportunities for its residents. (h) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or without the city, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health or well-being of the citizens of the city. (i) Environmental Protection. To protect and preserve the natural resources, environment and vital areas of the State through the preservation and improvement of air quality, the restoration and maintenance ofwater resources, the control oferosion and sedimentation, the management of solid and hazardous waste, and other necessary actions for the protection of the environment. (j) Fire Regulations. To fix and establish fire limits and from time to time to extend, enlarge or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof. (k) Garbage Fees. To levy, fix, assess, and collect a garbage, refuse and trash collection and disposal fees, and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing

4224

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

in or doing business therein benefitting from such services, with said fees, if unpaid, to constitute a lien against any property or persons served and enforceable in the same manner as a lien for unpaid property taxes. (I) General Health, Safety and Welfare. To define, regulate and prohibit any act, practice, conduct or use ofproperty which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city, and to provide for the enforcement of such standards. (m) Gifts. To accept or refuse gifts, donations, bequests or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose. (n) Health and Sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards. (o) Hospitals. To levy taxes, collect fees and other revenue, make appropriations, and make payment from the general revenues and funds of the city for the support of public hospitals. (p) Jail Sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains and other public property in the city, to provide for commitment of such persons to any jail, or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials. (q) Libraries. To levy taxes, collect fees and other revenue, make appropriations, and make payment from the general revenues and funds of the city for the support of public libraries. (r) Motor Vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys and walkways of the city. (s) Municipal Agencies and Delegation of Power. To create, alter or abolish departments, boards, offices, commissions and agencies of the city, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same. (t) Municipal Debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia governing bond issues by municipalities in effect at the time said issue is undertaken. (u) Municipal Property Ownership. To acquire, dispose of, lease, and hold in trust or otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city. (v) Municipal Property Protection. To provide for the preservation and protection 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. (w) Municipal Utilities. To acquire, lease, construct, operate, maintain, sell and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, cable television, fiber optic networks, and other telecommunications, transportation facilities, public airports, and any other public

GEORGIA LAWS 2007 SESSION

4225

utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations and penalties, and to provide for the withdrawal of service for refusal or failure to pay the same. Any such fees, if unpaid, will constitute a lien against the person or property served and enforceable in the same manner as a lien for unpaid property taxes. (x) Nuisance. To define a nuisance and provide for its abatement, whether on public or private property, in the Municipal Court of Buchanan, as outlined both by ordinance and by general state law. (y) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia. (z) Personnel. To provide such system of personnel administration, employment matters, or similar rules and regulations as the city manager, as chief personnel officer and the mayor and council, should determine. (aa) Planning and Zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community. (bb) Police and Fire Protection. To exercise the power of arrest through duly appointed policemen, and to establish, operate, or contract for a police and a fire fighting agency. (cc) Public Hazards: Removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public. (dd) Public Improvements. To provide for the acquisition, construction, building, operation and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, athletic, curative, corrective, detentional, penal and medical institutions, agencies and facilities; and to provide any other public improvements, inside or outside the corporate limits of the city; to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 ofthe O.C.G.A., or such other applicable laws as are or may hereafter be enacted. (ee) Public Peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances. (ff) Public Transportation. To organize and operate such public transportation systems as are deemed beneficial. (gg) Public Utilities and Services. To grant franchises or make contracts for, or impose taxes on public utilities and public service companies; and to prescribe the rates, fares, regulations and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission. (hh) 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

4226

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances. (ii) Retirement. To provide and maintain a retirement plan for officers and employees of the city. Uj) Roadways. To name, rename, lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to grant franchises and rights-of-way throughout the streets and roads, and over the bridges and viaducts for the use 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. (kk) Sewer Fees. To levy a fee, charge, or sewer tax as necessary to assure the acquisition, construction, equipment, operation, maintenance, and extension of a sewage disposal plant and sewerage system, and to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same. Any such fees, if unpaid, will constitute a lien against the person or property served, and shall be enforceable in the same manner as a lien for unpaid property taxes; and to charge, impose and collect a sewer connection fee or fees to those connected with the system. (II) 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, should the city acquire facilities and/or equipment for this purpose. (mm) Special Areas of Public Regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale or transportation of alcoholic beverages, and the usc and sale of firearms; to regulate the transportation, storage and use of combustible, explosive and flammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct ofpeddlers and itinerant traders, theatrical performances, exhibitions, and shows ofany kind, by taxation or otherwise; and to license, tax, regulate or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors. (nn) Special Assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements. (oo) Taxes; Ad Valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation. (pp) Taxes; Other. To levy and collect such other taxes as may be allowed now or in the future by law. (qq) Vehicles for Hire. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public

GEORGIA LAWS 2007 SESSION

4227

liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles. (rr) Other Powers. To exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia. No listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the constitution or applicable laws ofthe State ofGeorgia.

SECTION 1.05. Exercise of powers.

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

SECTION 1.06. Regulation and control of public streets, alleys, and ways; closing; costs.

(a) In the event that the City of Buchanan receives a petition or written request from all adjoining property owners that any street, lane, alley, avenue, road, or sidewalk, or any part of the same, is no longer needed for street purposes, the city shall have express power and authority to close, lease, sell, convey, or otherwise dispose of any such street, lane, alley, avenue, road, or sidewalk or any part of same. However, should the mayor and council determine that it is not desirable to permanently abandon such street, lane, alley, avenue, road, or sidewalk, or any part thereof, but should desire to preserve it for future use to the city if needed for street or other purposes, the mayor and council are hereby expressly granted the power and authority to lease or retain an easement to any such street, lane, alley, avenue, road, or sidewalk, or any part of the same, to any person, firm, or corporation, upon such terms and conditions as they may deem proper, with full power and authority to provide any such lease contract for a renewal of the same on a year to year basis, provided that the city shall not require the use of the property for street purposes at the expiration of any original lease confemplated herein. (b) Before any street, lane, alley, avenue, road, or sidewalk, or any part of the same is closed, sold, leased, conveyed, or otherwise disposed of, the mayor and council shall adopt a resolution at a regular meeting thereof, duly called and held. Said resolution shall generally

4228

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

describe such street, land, alley, avenue, road, or sidewalk, or any part of same, together with the intentions of the mayor and council as to the disposition thereof, including the terms and conditions of said disposition, and the person, firm, or corporation to whom the property is to be disposed. Upon passage of such a resolution, the city shall then publish notice of the proposed closing or other disposition in a newspaper ofgeneral circulation located within the corporate limits of the city, once a week, for two weeks, and hold a public hearing at the next regularly scheduled monthly council meeting. If after such publication, no objection is made to the proposed disposition, the mayor and council may proceed by ordinance to make such disposition. If, however, any citizen or property owner makes any objection to the proposed disposition, the mayor and council shall conduct a full and complete hearing and afford all parties the opportunity to present evidence or otherwise voice their opinions for or against the proposed disposition of the street property. The city shall retain full and complete discretion as to the final disposition of said property, even if requested by all adjoining property owners, and shall not have any obligation or duty to grant said property owners' request. (c) In the event that any person, firm, or corporation of the City of Buchanan files an application to close any portion of a street, lane, alley, avenue, road, or sidewalk, within the corporate limits of the city, the applicant shall bear all expenses occasioned by the closing of said street, lane, alley, avenue, road, or sidewalk, or any part of same, even if the mayor and council do not ultimately grant the application. Said costs shall include, but not be limited to, any and all attorney's fees, survey costs, preparation of deeds or other legal instruments, recording fees, and any other reasonable costs and expenses incurred therewith. If multiple property owners submit such an application or petition, they shall bear all such costs equally. The applicant shall pay all such costs in advance, prior to the execution of any ordinances, quitclaim deeds, or any other documents required to be executed at the conclusion of said closing. (d) The mayor and council may place whatever restrictions, contingencies, or requirements concerning the closing of such street, lane, alley, avenue, road, or sidewalk, or any part of same, as it may deem appropriate, including, but not limited to, the right of retention of easements for sewer, water, and other municipal utilities services.

SECTION 1.07. Continuation in effect of existing ordinances.

All ordinances, resolutions, by-laws, rules, and regulations now in force in the City of Buchanan which are not inconsistent with this charter are hereby declared valid and of full force and effect until amended or repealed by official action of the mayor and council ofsaid city.

GEORGIA LAWS 2007 SESSION
ARTICLE II. CITY GOVERNMENT STRUCTURE
SECTION 2.01. Establishment of city council; number; election.

4229

The legislative authority of the government of the City of Buchanan, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and four council members, to be known as the "mayor and council of the City of Buchanan." The mayor and council established herein shall in all respects be a successor and continuation of the governing authority of the City of Buchanan under prior law and shall be elected in the manner provided by general law and this charter. Furthermore, the mayor and council shall exercise their powers in such manner as prescribed by this charter and the Constitution and applicable general laws of the State of Georgia as they exist on the date of the adoption of this charter and as they may hereafter be amended. If any such powers are not prescribed in this charter, then the mayor and council shall exercise them in such a manner as may be prescribed by the duly established ordinances of the City of Buchanan.

SECTION 2.02. Qualifications and terms for mayor and council members.

The mayor and council members shall serve terms of four years and until their respective successors are elected and qualified. To be eligible for the office of mayor or council member, a person shall have been a resident of the City of Buchanan for 12 months immediately preceding the date ofqualification for election of the mayor or council member. Furthermore, the mayor and council members shall continue to reside in the corporate limits ofthe city during their respective periods ofservice and shall be both registered and qualified to vote in municipal elections in this city. The terms of mayor and council member shall commence on January 1 of the year next following the year in which they were elected, and shall expire on December 31 of the year in which the elections were held.

SECTION 2.03. Vacancies in office.

(a) Vacancies. The office of mayor and council member shall become vacant upon the occurrence of any events specified by the Constitution of the State of Georgia, Title 45 of the O.C.G.A., or such applicable laws as are or may hereafter be enacted. (b) Filling Vacancies. A vacancy in the office of mayor or council member shall be filled for the remainder of the unexpired term, if any, by appointment of a qualified person by the mayor and council, if less than one-half of the calendar days in the unexpired term remains. Otherwise, such vacancies shall be filled by special election as provided for in this charter

4230

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

and in accordance with Titles 21 and 45 of the 0 .C.G .A., or such other applicable laws as are or may hereafter be enacted.

SECTION 2.04. Compensation and reimbursement of expenses.

The council may from time to time determine the salary of the mayor and council members by ordinance, subject to the requirements of state law. Each council member and the mayor, when authorized by the council and upon presentation of itemized vouchers, receipts, statements, invoices, bills, or other similar such documentation, shall be reimbursed for their actual and necessary expenses incurred in the performance oftheir duties ofoffice, including, but not limited to, travel, lodging, meals, entertainment, and other similar such expenses.

SECTION 2.05. Prohibitions.

(a) Elected and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. (b) Conflict oflnterest. 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 the official's judgment or action in the performance of those official duties; (2) Engage in or accept private employment, or render services for private interests when such employment or service is incompatible with the proper discharge of that person's official duties or would tend to impair the independence ofthe official's judgment or action in the performance of those official duties; (3) Disclose confidential information, including information obtained at meetings which are closed pursuant to Chapter 14 of Title 50 of the O.C.G .A., concerning the property, government, or affairs of the governmental body by which the official is engaged without proper legal authorization; or use such information to advance the financial or other private interest of the official or others; (4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm or corporation which to the official's knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which the official is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign, in accordance with Chapter 5 of Title 21 of the O.C.G.A., the "Ethics in Government Act," or such other applicable laws as are or may hereafter be enacted;

GEORGIA LAWS 2007 SESSION

4231

(5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which the official has a financial interest. (c) Disclosure. Any elected official, appointed officer, or employee who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such interest to the mayor and council. Such interest and such disclosure shall be entered on the records of the mayor and council, and that official shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee ofany 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 agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit except in accordance with policies promulgated by the mayor and council or the governing body of such agency or entity. (e) Contracts Voidable and Rescindable. Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the mayor and council. (f) Ineligibility ofElected Officials. Except where authorized by law, neither the mayor nor any council member shall hold any other elected or compensated appointed office in the city or otherwise be employed by said government or any agency thereof during the term for which that official was elected. No former mayor or council member shall hold any compensated appointed office in the city until one year after the expiration of the term for which that official was elected. (g) Political Activities of Certain Officers and Employees. No appointed officer of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any other public office. No employee ofthe city shall continue in such employment upon election to any public office in this city or any other public office which is inconsistent, incompatible, or in conflict with the duties of the city employee. Such determination shall be made by the mayor and council either immediately upon election or at any time such conflict may arise. (h) Penalties for Violation. (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, shall be deemed to have forfeited that person's office or position, and shall be subject to removal under Section 3.19 of this charter.

4232

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(2) Any officer or employee of the city who shall forfeit an office or position as described in paragraph (I) of this subsection shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter.

SECTION 2.06. Inquiries and investigations.

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

SECTION 2.07. General power and authority of the mayor and city council.

The mayor and four council members shall compose the Buchanan city council, and shall be vested with all corporate, legislative, and other powers of government of the city, except as otherwise provided by this charter or general state law.

SECTION 2.08. Eminent domain.

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

ARTICLE III. ORGANIZATION OF CITY GOVERNMENT
SECTION 3.01. Organization.

The current city government shall continue as presently organized, unless and until otherwise provided by ordinance, amendment to this charter, or other law. The mayor and council may by ordinance establish, abolish, merge, or consolidate offices, positions of employment,

GEORGIA LAWS 2007 SESSION

4233

departments, and agencies of the city, provide that the same person shall fill a number of offices and positions of employment, and transfer or change the functions and duties of various offices, positions of employment, and department and agencies of the city.

SECTION 3.02. Organizational meeting and oath.

The mayor and council shall hold an organizational meeting each year at its regularly scheduled January meeting. At this meeting, the council members shall elect a mayor pro tern from its membership, as provided in this charter, and administer the following oath of office to any newly elected members, as follows:
"I do solemnly swear or affirm that I will faithfully perform the duties of mayor/council member of the City of Buchanan and that I will support and defend the charter thereof, as well as the constitutions and laws of the State of Georgia and the United States of America."

SECTION 3.03. Regular and special meetings.

(a) The mayor and council shall hold regular public meetings on the second Tuesday of each month at 6:30 p.m. in the council room of City Hall, Buchanan, Georgia, or at other such times and places as may be designated by the mayor and council or prescribed by ordinance. The mayor and council shall exercise its powers in all public meetings. (b) The council may hold special meetings or work sessions on the call of the mayor or the mayor pro tern and two council members. Notice of any such special meetings or work sessions shall be served on all other council members personally or by personal telephone contact, no less that 24 hours in advance of the meeting. The notice requirements of this section shall not be required and shall be waived if the mayor and all council members are present when this special meeting or work sessions are called. Such notice of any special meeting or work session may also be waived by a council member in writing before or after such a meeting. Attendance at a special meeting shall also constitute a waiver of notice on any business transacted in a council member's presence. Only the business stated in the notice may be transacted at a special meeting, unless all council members unanimously consent to the transacting of additional business. At work sessions, the mayor and council may discuss, deliberate, plan, or debate current city issues but may not take any vote or formal action and shall not publish or follow a formal agenda. (c) All meetings of the mayor and council shall be public to the extent required by law, and notice to the public of any special meetings shall be given, to the extent reasonably possible, as provided in O.C.G.A. Section 50-14-1, or other such applicable Jaws as are or may hereafter be enacted.

4234

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 3.04. Rules of procedure.

(a) The mayor and council shall adopt its rules of procedure and order of business consistent with the provisions of this charter, and the city clerk shall provide for keeping minutes of its proceedings, which shall be public record. The mayor and council may also adopt procedures and penalties for compelling the attendance of absent members, as well as punishment for contemptuous behavior conducted in the presence ofthe mayor and council. (b) All committees and committee chairs, and officers of the city council shall be recommended by the mayor and approved by the council and shall serve at the pleasure of the mayor and council. Furthermore, the mayor and council shall have the power to appoint new members to any committee at any time.

SECTION 3.05. Quorum; voting.

A majority of council members present shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of any ordinances shall be by voice vote, and the vote shall be recorded in the minutes of the council. Any member of the council shall have the right to request a roll call vote, and such vote shall also be recorded in the minutes, if requested. Except as otherwise provided in this charter, the affirmative vote of three council members, including the mayor in the event of a tie vote, shall be required for the adoption of any ordinance, resolution, or motion. All council members shall have a duty to vote on any matter coming before the mayor and council that requires such a vote, unless a council member has a conflict of interest as defined by Section 2.05 or is as otherwise legally excused or prohibited from voting by this charter, or any other laws, ordinances, or regulations of this State.

SECTION 3.06. Action requiring an ordinance.

Acts of the mayor and council which have the force and effect of law or have a regulatory or penal effect, or are required by this charter or state law to be done by ordinance, shall be enacted by ordinance. All other administrative measures, ministerial acts, expressions of current opinion or feeling of the council, or temporary measures may be in the form of a resolution. The mayor may also from time to time issue nonbinding proclamations to honor or commemorate a group, event, or person, or business in the city.

GEORGIA LAWS 2007 SESSION
SECTION 3.07. Ordinances and city legislation; form; procedures.

4235

(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 of every ordinance shall be "It is hereby ordained by the mayor and council of the City of Buchanan." (b) An ordinance may be introduced by any council member and read at a regular or special meeting of the mayor and council. Ordinances shall be considered and either adopted or rejected by the mayor and council in accordance with the rules it shall establish upon introduction of any ordinance. The clerk shall, as soon as possible, distribute a copy of same to the mayor and each council member and retain a reasonable number of copies in his or her office for inspection and copying by members of the public. The clerk shall also forward certified copies of all ordinances to Municipal Code Corporation or any other person, firm, or corporation responsible for the codification of the city's ordinances, so that the city code can be properly revised and updated. After adoption of ordinances, the city clerk shall number them consecutively, in the order of their final adoption, and record them in a permanent record book used solely for this purpose. The clerk shall do likewise for resolutions, using a separate series of numbers and a separate record book. The city clerk shall file and preserve the original copies of all ordinances, resolutions, and any written motions.

SECTION 3.08. Emergencies.

(a) To meet a public emergency affecting life, health, property, or public peace, the council may convene a special meeting on the call of the mayor, mayor pro tern and two council members or a majority of council members and promptly adopt an emergency ordinance. However, such an ordinance may not do any of the following:
(1) Levy taxes; (2) Grant, renew, or extend a franchise; (3) Regulate the rate charged by any public utility for its services; or (4) Authorize the borrowing of money, except for temporary loans to be repaid within 30 days. (b) An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists, and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least three council members including the mayor in the event of a

4236

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

tie vote shall be required for adoption. An emergency ordinance shall become effective immediately upon adoption or at such later time as it may specify. (c) Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but such ordinances may be extended or reenacted in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. (d) Emergency meetings shall be open to the public to the extent required by law, and notice to the public of emergency meetings shall be made as fully as reasonably possible in accordance with O.C.G.A. Section 50-14-1, or such applicable laws as are or may hereafter be enacted.

SECTION 3.09. Codes of technical regulations.

(a) The mayor and council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of Section 3.07 for distribution of copies of the ordinance shall be construed to include making available copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 3.10. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for inspection by the public.

SECTION 3.10. Signing; authenticating; recording; codification; printing.

(a) The clerk shall authenticate by the clerk's signature and record all ordinances adopted by the council in a properly indexed book kept for that purpose. (b) The mayor and 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 mayor and council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the mayor and council may specify. This compilation shall be known and cited officially as "The Code of the City of Buchanan, Georgia." Copies of the code shall be furnished to all officers, departments and agencies of the city, and made available for purchase by the public at a reasonable price as fixed by the mayor and council. (c) The mayor and council shall cause each ordinance and each amendment to this charter to be forwarded to the party responsible for codification and printed following its adoption.

GEORGIA LAWS 2007 SESSION

4237

The printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the mayor and council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The mayor and council shall make such 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 3.11. Election of mayor; forfeiture; compensation.

The mayor shall be elected by a majority vote of all citizens of the City of Buchanan and serve for a term of four years until a successor is elected and qualified. The mayor shall be a qualified elector of this city and shall have been a resident of the city for no fewer than 12 months immediately preceding the date of qualification for the election. The mayor shall continue to reside in this city during the period of service. The mayor shall forfeit the office or may be removed on the same grounds and under the same procedures as for council members. The compensation of the mayor shall be established by ordinance in the same manner as for council members.

SECTION 3.12. Powers and duties of mayor.

The mayor shall: (1) Preside at all meetings of the council; (2) Have a vote only in case of a tie vote by council members; (3) Have veto power, as outlined in Section 3.13 of this charter; (4) Be the ceremonial head of the city; (5) Sign ordinances and resolutions upon their final passage; (6) Secure short term loans in the name of the city when authorized by the council to do so; (7) Sign deeds, bonds, and contracts when authorized by the council to do so; (8) Serve as the registered agent for service of process in any legal action against the city; (9) Be the executive head of the city government, responsible for the efficient and orderly administration of the city's affairs; (10) Be responsible for the enforcement of the laws, rules, regulations, ordinances, and franchises in the city; (11) Conduct inquiries and investigations into the conduct of the city's affairs, when he or she deems necessary, or upon vote of three council members, as provided in Section 2.06 hereof;

4238

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(12) Have the power to administer oaths and to take affidavits; (13) Call special meetings of the city council as provided for in Section 3.03 hereof; (14) Direct the city attorney to take such legal action as the council may determine; (15) Make recommendations for committee appointments, to be approved by the council; and (16) Have and perform such other powers and duties as may be provided by this charter and duly adopted ordinances not inconsistent herewith.

SECTION 3.13. Submission of ordinances to mayor; veto power.

(a) Every ordinance adopted by the city council shall be promptly presented to the mayor by the clerk no later than five calendar days from the date of the meeting at which it was adopted. (b) Either at the meeting at which an ordinance was adopted or no later than five calendar days after receipt of an ordinance, the mayor shall return it to the clerk either with or without the mayor's approval. If the mayor has approved the ordinance, it shall become law immediately upon its return to the clerk. If the mayor neither approves nor disapproves the ordinance, it shall become law at 12:00 Noon on the eleventh calendar day after the council meeting at which it was adopted. If the mayor expressly disapproves an ordinance, the mayor shall submit to the city council and clerk a written statement of reasons for the veto. The statement of the mayor shall be circulated by the clerk to the council. In all instances, the clerk shall record upon the ordinance the date it was delivered to and received from the mayor. (c) If the mayor vetoes an ordinance as provided herein, the clerk shall present said ordinance to the city council at its next regular or special meeting. If the city council then or at its next meeting adopts the ordinance by an affirmative vote of three council members, the ordinance shall become law. (d) The mayor may disapprove, veto, or reduce any item or items of appropriation in any ordinance or budget. The approved part or parts of any budget or ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the city council over the mayor's veto as provided herein. The reduced part or parts shall also be presented to the city council as if disapproved or vetoed by the mayor and shall not become law unless passed by the city council over the mayor's veto as provided herein.

SECTION 3.14. Mayor pro tern.

(a) At the first regular meeting of the mayor and council each year, the council shall by majority vote elect another council member to serve as mayor pro tern for a term of one year.

GEORGIA LAWS 2007 SESSION

4239

Upon the council's failure to elect a mayor pro tern at its first regular meeting in January of each year, the incumbent council member who received the highest number of votes when last elected shall be declared mayor pro tern. (b) The mayor pro tern shall assume the duties and powers of the mayor during the mayor's physical or mental disability or absence. Any such disability or absence shall be declared by a majority vote of the city council. In addition, the mayor pro tern shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest as defined in Section 2.05 of this charter.

SECTION 3.15. Powers and duties of the city manager.

At the time of adoption of this charter, the city did not have an acting city manager. For financial reasons, the city has never had a city manager. If at some point in the future the city decides to appoint a city manager, his or her duties shall be as set forth in legislation amending this charter duly approved and adopted by the mayor and council. In the event of an emergency that affects the health, safety, or welfare of the citizens of the city or some emergency that involves the continued functioning or financial condition of the city, the mayor and council shall have the authority to appoint an interim city manager without having to approve or adopt local legislation contemplated hereby.

SECTION 3.16. Mayor and council involvement with administration.

It is the policy of the mayor and council to encourage open discussion and communications among elected officials and city employees. Except for the purpose of inquiries and investigations under Section 2.06, the mayor and council or its members should make every effort to deal with city officers and employees through the mayor, or if the city hires a city manager in the future, the manager, to the extent possible. Neither the mayor and council nor its members shall give orders to any such officer or employee, either publicly or privately.

SECTION 3.17. Acting city manager.

If at some point the city hires a city manager in the future, then, by letter filed with the city clerk, the manager may designate, subject to approval of the mayor and council, a qualified city administrative officer to exercise the powers and perform the duties of manager during the manager's temporary absence or physical or mental disability. During such absence or disability, the mayor and city council may revoke such designation at any time and appoint another officer of the city to serve until the manager shall return or the manager's disability

4240

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

shall cease. Any such absence or disability shall be declared by majority vote of the mayor and council.

SECTION 3.18. City clerk.

The mayor and council shall appoint a city clerk who shall not be a council member. The clerk shall perform the following duties:
( 1) Keep and preserve the official city seal and all city records; (2) Attend meetings of the mayor and council and keep the official minutes of its proceedings, including the names ofmembers and other parties present and absent, the vote of each council member on each resolution, ordinance, motion, or other official action considered; (3) Prepare and certify copies of official records when requested, for which fees may be prescribed by ordinance; (4) Serve as chief financial officer of the city and work in coordination with the mayor in budget preparation and review and in approving and reviewing purchase requests from department heads; (5) Maintain a book or record of registration of franchises granted by the city pursuant to Section 4.13 of this charter; and (6) Perform such other duties as may be required by the mayor and council.

SECTION 3.19. Removal of officers.

(a) The mayor, any council member, city manager (if the city appoints someone in this position), or city clerk may be removed from office for any one or more of the following causes:
(I) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a felony or other crime involving moral turpitude; (3) Failure at any time to possess any qualifications of office as provided by this charter or other law; (4) Knowingly violating Section 2.05 of this charter or any other express prohibition of this charter or code of the City of Buchanan; (5) Abandonment of office or neglect to perform the duties thereof; or (6) Failure for any other cause to perform the duties of office as required by this charter, the Buchanan Code of Ordinances, or general state law. (b) For purposes of this section, the term "moral turpitude" is defined as a crime involving an act which implicates the honesty and integrity of the perpetrator and in particular shall include any crime involving theft, deceit, or fraud.

GEORGIA LAWS 2007 SESSION

4241

(c) In the event an elected or appointed officer is sought to be removed by action of the council, such officer shall be entitled to written notice specifying the ground or grounds for removal and to a public hearing, which shall be held no less than ten days after service of such written notice. Removal of any elected or appointed officer pursuant to subsection (a) of this section shall be accomplished by the affirmative vote of three council members after an investigative hearing. Any and all hearings held pursuant to this section shall be conducted in accordance with the Georgia Open Meetings Act, O.C.G.A. Section 50-14-1, et seq., to the greatest extent reasonably possible. (d) Any elected or appointed officer sought to be removed from office as provided in this section shall have the right of appeal from the decision of the council to the superior court of Haralson County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the Probate Court of Haralson County.

SECTION 3.20. City attorney.

The mayor and council shall appoint a city attorney, together with such assistant city attorneys as may be authorized or required, and shall provide for payment of such attorney or attorneys for services rendered to the city. The city attorney shall perform the following duties:
(1) Provide for the representation and defense of the city in all litigation in which the city is a party; (2) May be the prosecuting officer or solicitor in the municipal court; (3) Attend all meetings of the mayor and council as directed; (4) Advise the mayor and council and other city officers and employees concerning legal aspects of the city's affairs; (5) Approve as to form and legality all contracts, deeds, ordinances, resolutions, and motions as presented or prescribed by the mayor and council; and (6) Perform such other duties as may be required by virtue of that person's position as city attorney.

SECTION 3.21. Employment and personnel matters.

The mayor and council shall adopt rules, regulations, and policies consistent with this charter concerning the following:
(1) The method of employee selection and probationary periods of employment; (2) The administration ofa position classification and pay plan, and methods ofpromotion and transfer within the classification plan; (3) Hours of work, vacation, sick leave and other leaves of absence, overtime pay, and rules governing layoffs or similar reductions in force;

4242

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(4) Such dismissal hearings as due process may require; and (5) Such other personnel policies, regulations, provisions, or notices as may be necessary to provide for the adequate and systematic handling of personnel matters.

SECTION 3.22. Boards, commissions and authorities.

(a) The mayor and council shall create by ordinance such boards, comm1sswns and authorities to fulfill any investigative, quasi-judicial or quasi-legislative function the mayor and council deems necessary, and shall by ordinance establish the composition, period of existence, duties and powers thereof. (b) All members of boards, commissions and authorities of the city shall be appointed by the mayor and council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The mayor and council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission or authority. (d) Except as otherwise provided by charter or by law, no more than two members of any board, commission or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or by law. (f) All board members serve at-will and may be removed at any time by the affirmative vote of three members of the city council including the mayor in the event of a tie vote unless otherwise provided by law. (g) Except as otherwise provided by this charter or by law, each board, commission or authority of the city shall elect one of its members as chair and one member as vice-chair, and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission or authority of the city government may establish such bylaws, rules and regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules and regulations shall be filed with the clerk of the city.

SECTION 3.23. Department heads.

(a) Except as otherwise provided herein, the mayor and council shall by ordinance prescribe the functions and duties and establish, abolish, or alter all nonelective offices, positions of

GEORGIA LAWS 2007 SESSION

4243

employment, departments, and agencies ofthe city as necessary for the proper administration of the affairs and government thereof. (b) Except as otherwise provided herein or by other law, the department heads and other officers of the city shall be appointed solely on the basis of their administrative and professional qualifications. (c) All appointed officers and department heads shall receive such compensation as is determined by the mayor and council. (d) There shall be a director or head of each department or agency who shall be its principal officer. Each department head shall be responsible for the administration and direction of the affairs and operations of his or her department or agency, subject to the direction and supervision of the mayor or city manager, if the city decided to create such a position in the future.

ARTICLE IV. FINANCE AND FISCAL ADMINISTRATION
SECTION 4.01. Fiscal year.

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

SECTION 4.02. Preparation of budgets.

The mayor and council shall adopt an annual operating budget, a capital improvement plan, and a capital budget, including requirements as to the scope, content, and form of such budgets and plans.

SECTION 4.03. Submission of operating budget to city council.

(a) On or before a date fixed by the city council, but not later than 30 days prior to the beginning of each fiscal year, the mayor in coordination with the city clerk shall submit to the mayor and council a proposed operating budget for the ensuing fiscal year, showing the following:
(I) The revenue and expenditure during the previous fiscal year; (2) Appropriations and estimated revenue and expenditures for the current fiscal year; (3) Estimated revenue and recommended expenditures for the ensuing fiscal year;

4244

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(4) A comparative statement of the assets, liabilities, reserves, and surplus at the end of the previous fiscal year, and estimated assets, liabilities, reserves, and surplus, both at the end of the current fiscal year and the ensuing fiscal year; and (5) Such other information and data as may be considered necessary by the mayor and council. (b) 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 any major changes recommended for the next fiscal year, a general summary of the budget, and any other pertinent comments and information the mayor feels necessary. The operating budget and the capital budget hereinafter provided for, the budget message, and all supporting documents shall be maintained in the office of the city clerk and shall be open to public inspection.

SECTION 4.04. Action by city council on budget.

(a) The mayor and council may amend the proposed operating budget submitted by the mayor. However, 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. Moreover, the total appropriations from any funds shall not exceed the estimated fund balance, reserves, and revenues. (b) The mayor and council by ordinance shall adopt a final operating budget for the ensuing fiscal year, no later than the regular scheduled June council meeting for each year. If the city council fails to adopt the budget on or before the date set out herein, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month to month basis, with all items prorated accordingly until such time as the mayor and council adopt a budget for the ensuing fiscal year. If the city is operating on a tentative budget, then the mayor and council may not make any capital purchases or other such expenditures until a new budget is agreed upon and formally adopted. Notice of any or all meetings at which the budget is adopted shall be given as provided by state law. (c) Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 4.03 hereof. (d) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for same, and no expenditures shall be made or any encumbrance created in excess of the otherwise encumbered balance of the appropriations or allotment thereof to which it is chargeable unless the budget is amended and such excess expenditure approved by the mayor and council. In addition, the mayor and council shall not make any appropriations in excess of any estimated revenue, except to provide for an actual emergency threatening the health, property, or lives, safety, or general welfare of the

GEORGIA LAWS 2007 SESSION

4245

inhabitants of the city, which emergency shall be declared by the affirmative vote of three members of the council, including the mayor in the event of a tie vote.

SECTION 4.05. Changes in appropriations.

The mayor and council may by ordinance make changes in the appropriations contained in the adopted operating budget, at any regular meeting or any special or emergency meeting called for that purpose, but any such additional appropriations may be made only for an existing anticipated unappropriated surplus in the fund to which it applies.

SECTION 4.06. Lapse of appropriations.

Any unencumbered balances of appropriations in the current operating budget at the end of the fiscal year shall lapse into the unappropriated surplus or reserves of the fund or funds from which such appropriations were made.

SECTION 4.07. Capital budget.

(a} On or before a date fixed by the mayor and council, but no later than 30 days prior to the beginning of each fiscal year, the mayor and clerk may submit to the mayor and council a proposed capital improvement plan with a recommended capital budget containing the means of financing the improvements proposed for the ensuing fiscal year. The mayor and council shall have the power to accept, with or without amendments, or reject the proposed plan and budget. The mayor and council shall not authorize an expenditure for the construction ofany building, structure, work, or improvement on any public property, unless the appropriations for such project are included in the capital budget, except to meet a public emergency that threatens the lives, health, property, or general welfare of the citizens of Buchanan, which emergency shall be declared by the affirmative vote of three members of the council, including the mayor in the event of a tie vote. (b) If such a budget is submitted, the city council shall adopt by ordinance the final capital budget for the ensuing fiscal year, not later than the regular June meeting before the beginning of said year. No appropriation provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriation was made has been completed or abandoned. However, the mayor may submit to the city council amendments to the capital budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon their adoption by ordinance and by the affirmative vote of three members of the city council including the mayor in the event ofa tie vote. In addition, the capital improvements budget may be revised

4246

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

and extended each year with regard to capital improvements still pending or in the process of construction or acquisition.

SECTION 4.08. Independent audit.

There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The accountant shall conduct this audit according to generally accepted auditing and accounting principles and file a report with the mayor and council, as well as a summary thereof, both of which shall be furnished or made available to the mayor and every council member. Any audit of any funds by the state or federal governments may be accepted as satisfying the requirements of this charter.

SECTION 4.09. Property taxes.

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

Section 4.10. Millage rate; due dates; payment methods.

(a) The mayor and council shall by ordinance establish a millage rate for city property taxes, a due date for payment of said taxes, and a time period within which these taxes must be paid. The city shall send a tax bill to all taxpayers and/or residents of the city showing the due date, assessed valuations, amount of tax due, and information as to delinquency dates and future interest. Failure to send such tax bills shall not, however, invalidate any tax. (b) The mayor and council may by ordinance provide for the payment of these taxes in one lump sum or in installments, subject to the restrictions contained in state law, and also authorize the voluntary payment of taxes prior to their due dates. The mayor and council may also enter into an agreement with the Haralson County Tax Commissioner for assistance with the assessment, levy, collection, billing, or other matters with regard to city taxes, if they deem necessary. (c) All taxes due to the city shall bear interest at a rate of 1 percent per month from the date the tax is due until said tax is paid. Any period of less than one month shall be considered to be one month for the purpose of calculating interest under this section. On and after the

GEORGIA LAWS 2007 SESSION

4247

date when such taxes become delinquent, the tax records of the city shall have the force and effect of a judgment of a court of competent jurisdiction and may be filed in the general execution docket in the office of the clerk of Superior Court of Haralson County, Georgia. Any such delinquent taxes shall constitute a lien against the property taxed and the owner thereof.

SECTION 4.11. Occupation and business taxes.

The mayor and council shall by ordinance have the power to levy such occupation or business taxes as are authorized by law. The mayor and council may further classify businesses, occupations, or professions for the purpose of such taxation in accordance with state law and may compel the payment of such taxes as provided in Section 4.17.

SECTION 4.12. Regulatory fees; permits.

The mayor and council shall by ordinance have the power to require businesses or practitioners doing business within the city to obtain a permit for such activity from the city and pay a reasonable regulatory fee for such permit, as provided by state law. Such fees shall reflect the approximate total costs to the city of regulating the activity, and, if unpaid, shall constitute a lien against the property or person liable therefor and may be collected as provided in Section 4.17.

SECTION 4.13. Franchises.

(a) The mayor and council shall have the power to grant franchises for the use of the city's rights-of-way, streets, and alleys for use by railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, Internet providers, fiber optic network providers, gas companies, transportation companies, solid waste management, and other similar organizations. The mayor and council shall determine the duration, terms, and consideration for such franchises, and whether they shall be exclusive or nonexclusive. However, no franchise shall be granted for a period in excess of35 years, and no franchise shall be granted unless the city receives just and adequate compensation therefor. (b) The mayor and council shall provide for the registration of all such franchises with the city clerk in a registration book to be maintained by the clerk, and may provide by ordinance for the registration within a reasonable time, of all franchises previously granted. (c) If no franchise agreement is in effect, the mayor and council has the authority to impose a tax on gross receipts for the use of the city's rights-of-way, streets, and alleys for use by

4248

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television, and other telecommunications companies, Internet providers, fiber optic network providers, gas companies, transportation companies, solid waste management, and other similar organizations.

SECTION 4.14. Service charges; utilities.

The mayor and council shall by ordinance have the power to assess and collect fees, and tolls for water, sewer, sanitary and health services, or any other similar services provided or made available both within and beyond the corporate limits ofthe city, for the total costs to the city of providing and making such services. Such charges, if unpaid, shall be collected as provided in Section 4.17 and shall constitute a lien against the persons and/or property served.

SECTION 4.15. Special assessments.

The mayor and council shall by ordinance have the power to assess and collect the costs of constructing or reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances, from the abutting property owners on a pro rata basis or under such other terms and conditions as may be reasonable or agreed upon by the parties. Such charges, if unpaid, shall be collected as provided in Section 4.17 and shall constitute a lien against the person or property assessed.

SECTION 4.16. Other taxes and fees; construction.

The mayor and council shall be empowered to levy any other tax or fee now or hereafter permitted by law. The specific inclusion of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of the city to collect taxes, fees, charges, and other monies, and otherwise govern its local affairs.

SECTION 4.17. Collection of delinquent taxes and fees.

The mayor and council may by ordinance provide generally for the collection of any delinquent taxes, fees, charges, or other monies due the city under Sections 4.10 through 4.16 by whatever reasonable means as may be permitted by law. This shall include, but not be limited to, the following:
(1) Providing for the dates when such taxes or fees are due;

GEORGIA LAWS 2007 SESSION

4249

(2) Fixing late penalties and/or interest; (3) Issuance and execution of fi.fas., judgments, or other liens; (4) Creation and priority of liens; (5) Making delinquent taxes and fees personal debts of the person or persons required to pay same; (6) Revoking city permits or other licenses for failure to pay any city taxes or fees; (7) Providing for the assignment or transfer of tax executions; and (8) Taking such other action as may be necessary and authorized by law to collect such unpaid taxes, fees, or other charges. It is the general intent of this article to provide that all unpaid city taxes, fees, charges, or other monies due the city hereunder shall constitute a lien against the property and/or person for which the taxes, fees, or charges are levied, to enable the city to collect and enforce payment of same to the greatest extent possible.

SECTION 4.18. General obligation bonds.

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

SECTION 4.19. Revenue bonds.

The mayor and council may issue revenue bonds as provided by state law now or hereafter amended. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued.

SECTION 4.20. Short-term loans.

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

SECTION 4.21. Lease-purchase contracts.

The mayor and council may enter into multiyear lease, purchase or lease-purchase contracts for the acquisition of goods, materials, real and personal property, services, and supplies provided the contract terminates without further obligation on the part of the municipality

4250

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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 ofO.C.G.A. Section 36-60-13, or other such applicable laws as are or may hereafter be enacted.

SECTION 4.22. Contracting procedures.

(a) No long-term or substantial contract with the city shall be binding on the city unless: (1) It is in writing; (2) It is drawn by or submitted and reviewed by the city attorney, and as a matter of course, is signed by the city attorney to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city council minutes of proceedings pursuant to Section 2.21.
(b) The city shall follow the requirements of state law with regard to any "public works construction projects" as defined by O.C.G.A. Section 36-91-1, et seq. or other such applicable laws as are or may hereafter be enacted in giving notice, receiving bids, requiring performance and payment bonds, and entering into contracts for such projects. The mayor shall have the discretion to require any outside contractors, subcontractors, or other persons, firms or corporations to execute a written contract or letter or memorandum ofunderstanding in all outside city projects costing in excess of $5,000.00, depending on the nature of the project. (c) For purposes of this section, "long-term or substantial" shall mean any contract of a duration exceeding 12 months, or involving the payment by the city of more than $50,000.00 for any goods, services, equipment or materials.

SECTION 4.23. Centralized purchasing.

The mayor and council may by ordinance prescribe procedures for a system of centralized purchasing for the city.

SECTION 4.24. Sale and lease of city property.

(a) The mayor and 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 bylaw. (b) The mayor and council may quitclaim any rights it may have in property not needed for public purposes upon report by the clerk or mayor and adoption of a resolution, both finding

GEORGIA LAWS 2007 SESSION

4251

that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley or public place of the city, a small parcel or tract of land is cut-off or separated by such work from a larger tract or boundary of land owned by the city, the mayor and council may sell and convey said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the enjoyment of the highest and best use of the abutting owner's property. Included in the sales contract shall be a provision for the rights-of-way of said street, avenue, alley or public place. Each abutting property owner shall be notified of the availability of the property and given the opportunity to purchase said property under such terms and conditions as set out by ordinance. The city shall also have discretion to retain any utility easements as may be necessary with regard to such property. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey any title and interest the city may have in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. (d) Any person, firm, or corporation who purchases property from the city pursuant to this section shall be responsible for any and all fees, costs, or other expenses associated with the transaction, including, but not limited to, attorney's fees, recording costs, survey and/or appraisal fees, and similar such expenses, except as otherwise agreed between the city and the purchaser.

ARTICLE V. ELECTIONS SECTION 5.01. Applicability of general law.

All primaries and elections for any elected office in the City of Buchanan government, or any other matter that is properly the subject of a municipal election, shall be held and conducted in accordance with general state law governing elections as contained in Chapter 2 of Title 21 of the O.C.G.A., or as may hereafter be amended.

SECTION 5.02. Regular elections; time for holding.

(a) The regular election for mayor and council members shall be held biennially on the first Tuesday next following the first Monday in November in each odd numbered year. The terms of office shall begin on January first of the year next following the November election. Officials elected at any regular election shall be sworn in at the first regular meeting of the mayor and council in January next following such election. (b) There shall be elected the mayor and two council members at one election and at every other election thereafter. The remaining city council seats shall be filled at the election

4252

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

alternating with the first election so that a continuing body is created. The mayor and council seats shall be elected on an at-large basis.

SECTION 5.03. Qualifications of voters.

Any person desiring to vote in any municipal general or special election must do the following:
(1) Register as a voter no later than the close of business on the fifth Monday, or if the fifth Monday is a holiday, the day after the fifth Monday prior to said election; election in which he or she desires to vote; or as otherwise required by Georgia's election code; (2) Be a citizen of the State of Georgia and of the United States; (3) Be at least 18 years of age; and (4) Be a resident of this municipality.

SECTION 5.04. Qualifications of candidates; qualifying periods; qualification fees.

(a) Any person who wishes to become a candidate in any regular or special election in the City of Buchanan shall file written notice of his or her candidacy with the city clerk during the city's qualifying period, with said notice to contain the information required by O.C.G .A. Section 21-2-132(f). (b) The city's qualifying periods shall be published at least two weeks prior to the general elections in accordance with the dates set by the Secretary of State Elections Division from year to year. (c) The mayor and council shall fix and publish a qualification fee to be paid by candidates in any special or general election, no later than February 1 of each year such election is to be held. Said fee shall be paid to the municipal superintendent at the time a candidate files notice of candidacy. However, in no event shall such fee exceed 3 percent of the annual salary, as set by ordinance, of the person who held the office during the preceding year.

SECTION 5.05. Election officer.

(a) The city clerk will serve as the municipal superintendent of elections, custodian of voting machines, and absentee ballot clerk. (b) The mayor and council may contract with the county for volunteers to assist in elections, or may appoint three qualified voters of the City of Buchanan to be election managers, no less than ten days prior to every municipal general or special election. The election manager shall be responsible for the proper conduct of the election, preventing any fraud in

GEORGIA LAWS 2007 SESSION

4253

connection therewith, proper counting of the ballots, and certifying the results as outlined herein. (c) At any time prior to the opening of the poll, the election managers shall take the following oath in the presence of the municipal judge, mayor, or city clerk:
"I do solemnly swear and affirm that I will fulfill the responsibilities placed upon me as an election manager of the City of Buchanan to the best of my ability, that I will uphold the law in connection therewith and faithfully certify the results of said election as prescribed by law. So Help Me God."

SECTION 5.06. Conduct of election; notice; time; voting machines; polling place.

(a) The city clerk shall be responsible to the mayor and council for giving notice of every municipal general or special election no less than 30 days prior to said election by publishing an advertisement in a newspaper of general circulation in the city. The notice shall contain the time and place of holding the election, the offices to be filled, the candidates who have qualified for said election, and any other questions that may be the subject of said election. (b) The polls for every municipal general or special election shall be open from 7:00a.m. to 7:00p.m. (c) All voting in any municipal general or special election shall be by paper ballots, or such other method or practice as may be designated by the mayor and council by ordinance and permissible under state general election law. (d) The polling place for every municipal general or special election within the City of Buchanan shall be at City Hall, 4300 Highway 120, Buchanan, Georgia 30113, or at such other locations as may be designated by the mayor and council by ordinance.

SECTION 5.07. 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 5.08. Election by plurality.

The candidate receiving a plurality of the votes cast for any city office shall be elected to serve in that office.

4254

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 5.09. Counting ballots; certifying results; recounts; runoffs.

(a) When the polls have closed, the election managers shall immediately proceed to count all ballots cast. Unless DRE or some other electronic voting machines are used, the election managers shall maintain tally sheets on which they record the results of each election. Upon completion of counting the ballots, the election managers shall sign the tally sheets and certify to the mayor, council, and clerk that the results listed thereon are the true and correct numbers ofballots cast for each candidate. Said results shall be delivered immediately to the mayor, who shall announce the results of the election at City Hall, as soon as practicable. (b) When all votes have been recorded and counted, the ballots shall be sealed in a container and delivered to the city clerk, who shall retain them, unopened, for a period of 60 days. In the event a recount is demanded, the election manager shall reopen the ballots in the presence of the mayor and council and conduct a recount or take other action as deemed necessary to insure that no mistake or fraud has occurred.

SECTION 5.10. Election contests; destruction of ballots.

Any candidate who wishes to contest the results of any municipal general or special election in the City of Buchanan must file written notice of the contest of such election with the city clerk within five days after the election managers have certified the results of such election. Within ten days after receipt of any such notice, the mayor and council shall hold a special meeting at which the candidate may present evidence in support of any grounds for contesting the election. The candidate shall have the right to subpoena and/or cross-examine any witnesses in this hearing, and present any such documentary evidence as may be relevant to the election contest. After hearing and considering all evidence presented at such hearing, the mayor and council shall issue a written decision within ten days of such meeting, with the decision to be forwarded to each candidate. If the decision is adverse to the contesting candidate, the decision may be appealed within ten days from the date of the decision, to the Superior Court of Haralson County. If the mayor and council find clear and convincing evidence of any grounds for contesting the election, they shall order a new election to be held and conducted on the second Tuesday following the date of their decision. If there is no contest of an election, then, the clerk shall destroy all paper ballots or other voting records cast in the election, after 60 days have passed from the date thereof.

SECTION 5.11. Special elections; vacancies.

(a) In the event that the office of mayor or council member shall become vacant as provided in Section 2.03 of this charter, the city council or those remaining shall order a special

GEORGIA LAWS 2007 SESSION

4255

election to fill the balance of the unexpired term of the vacant office. However, if Jess than one-half of the calendar days in the unexpired term of the vacant office remain, then the mayor and council or those remaining shall appoint a successor for the remainder ofthe term. Any special election held pursuant to this section shall be conducted in accordance with general state Jaw regarding municipal elections, as contained in Title 21 of the O.C.G.A., as now or hereafter amended. Such election shall be held no later than 60 days from the date such vacancy occurs. (b) Special elections may be called at any time by the mayor and council for the purpose of voting on bond issues, general obligation debt, or other questions required or permitted by Jaw to be presented to the citizens of the City of Buchanan. In all such special elections, the city shall follow the procedure established for municipal general elections, as well as any additional requirements ofstate Jaw with regard bond issues, general obligation debt, or other proper ballot questions.

SECTION 5.12. Rules and regulations.

Except as otherwise provided by this charter, the mayor and council shall, by ordinance, describe such rules and regulations as it deems appropriate to fulfill any options and duties it may have, as contained in Chapter 2 of Title 21 of the O.C.G .A. as presently enacted or hereafter amended.

ARTICLE VI. JUDICIAL BRANCH
SECTION 6.01. Creation; name.

There is hereby established a court to be known as the Municipal Court of the City of Buchanan.

SECTION 6.02. Municipal judge.

(a) The Buchanan Municipal Court shall be presided over by a part-time municipal judge and any other stand-by or substitute judges as may be provided by ordinance. (b) No person shall be qualified and eligible to serve as a judge ofthe Buchanan Municipal Court unless that person:
(I) Has attained the age of 30 years; (2) Is a qualified and registered voter in Haralson County; (3) Has resided in Haralson County for no fewer than five years immediately preceding appointment; and

4256

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(4) Possesses all other certifications and qualifications as may be required by law. (c) All municipal judges shall be appointed by, and serve at the pleasure of, the mayor and council, and shall serve until a successor is duly appointed and qualified. (d) The mayor and council shall fix the compensation of the municipal judge or judges. (e) The municipal judge shall serve at will and may be removed from office at any time by majority vote of the city council, unless otherwise provided by ordinance. (f) Before assuming office, the municipal judge shall take an oath, to be administered by the mayor, that he or she will honestly and faithfully discharge the duties of office to the best of his or her ability, and without fear, favor, or partiality. The oath shall be entered upon the minutes ofthe city council as maintained by the clerk pursuant to Section 3.18 ofthis charter.

SECTION 6.03. Court proceedings; schedules.

The Buchanan Municipal Court shall be convened at regular intervals, and at such other times as may be determined by the judge. A court schedule shall be published and made available to the public, either at City Hall or at the Buchanan Police Department.

SECTION 6.04. Jurisdiction; powers.

(a) The Buchanan Municipal Court shall try and punish violations of this charter, all city ordinances, and such other violations as permitted by general state law. (b) The Buchanan Municipal Court shall have the authority to punish those in its presence for contempt, provided that such punishment shall not exceed a fine as authorized by law or ten days in jail. (c) The Buchanan Municipal Court may fix punishment for offenses within its jurisdiction, not to exceed a fine of $1,000.00, or imprisonment for six months, or both a fine and imprisonment, or may fix punishment by fine, imprisonment, community service, or any other form of alternative sentencing as now or hereafter provided by law. If state law authorizes punishment in excess of the fine and/or imprisonment specified herein, then the court may impose the greater punishment. (d) The Buchanan Municipal Court shall have authority to establish a schedule of fees to defray its costs of operation, and, with regard to prisoners bound over to any superior court for violations of state law, shall be entitled to reimbursement for the actual costs of meals, transportation, general caretaking expenses, court costs, administrative fees, and such other fees as are authorized to be collected by Georgia law as presently enacted or hereafter amended. (e) The Buchanan Municipal Court shall have the authority to establish bail and recognizance to insure the presence of those charged with violations before said court and shall have discretionary authority to accept cash, personal or real property as surety for the

GEORGIA LAWS 2007 SESSION

4257

appearance of persons charged with such violations. Whenever any person gives bond for his or her appearance and fails to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at that time, and execution shall be issued thereon by serving the defendant and the defendant's sureties with a rule nisi, at least five days before a hearing thereon. In the event that .cash or property is accepted in lieu of bond to secure the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the municipal judge declared forfeited to the city; or the property so deposited shall have a lien against it for the amount forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for unpaid city property taxes and fees. (f) The Buchanan Municipal Court shall have the same authority as the Superior Court of Haralson County to compel the production of evidence in the possession of any party, to enforce obedience to its orders, judgments, or sentences, and to administer such oaths as may be necessary. (g) The Buchanan Municipal Court shall have the authority to bind defendants over to the appropriate court when it appears by probable cause that state law has been violated, or where a defendant makes a written request for a trial by jury, or under other circumstances in which a transfer is authorized by state law. (h) The judge of the Buchanan Municipal Court may compel the presence of all parties necessary for the proper disposal of each case by the issuance of summons, subpoenas, and warrants, which may be served or executed by any officer as authorized by this charter or other law. (i) The judge of the Buchanan Municipal Court shall be authorized to issue warrants for the arrest of any person or persons charged with violations of any ordinances of the city. The judge shall have the same authority as a magistrate of the state or county to issue warrants for violations of state laws committed within the corporate limits of the City of Buchanan. The judge shall also have the authority to issue warrants for the arrest of persons charged with violating any of the terms or conditions of any sentence of probation imposed upon them in the municipal court and revoke any or all of said persons remaining probated sentence, if those persons are found to have violated the terms and conditions of their probation. U) The Buchanan Municipal Court is specifically vested with all jurisdiction and power throughout the corporate limits of the city as granted generally by law to municipal courts, and particularly by such laws that authorize the abatement of nuisances and prosecution of traffic violations. (k) Subject to the approval of the mayor and council, the municipal court is further authorized to enter into any contracts or agreements it deems necessary or expedient for certain services, including, but not limited to, housing persons charged with city offenses in other jail facilities, probation and related supervision services, collection of fines, fees, and other delinquent payments, and similar such services.

4258

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 6.05. Certiorari.

The right of certiorari from the decisions and judgments of the Buchanan Municipal Court shall exist in all criminal cases, ordinance violation cases, and such other cases in which certiorari is appropriate under state law. Such certiorari shall be obtained under the sanction of a judge of the Superior Court of Haralson County, under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.

SECTION 6.06. Rules of court.

With the approval of the city council, the municipal judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the Buchanan Municipal Court. However, the city council may adopt, in whole or in part, the rules and regulations applicable to superior courts. The rules and regulations made or adopted shall be filed with the city clerk and made available for public inspection. Upon written request, a copy of said rules and regulations shall be furnished to all defendants in municipal court cases at least 48 hours prior to their arraignment, trial, or any other hearing or proceeding.

ARTICLE VII. GENERAL PROVISIONS
SECTION 7.01. Bonds for city officials.

The officers and employees of the City of Buchanan, both elected and appointed, may be required to execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the council may from time to time require by ordinance, or as may be provided by law. Any and all premiums or other costs of such bonds, unless otherwise provided by ordinance or other law, shall be paid by the city.

SECTION 7.02. Existing ordinances, resolutions, rules and regulations.

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

GEORGIA LAWS 2007 SESSION
SECTION 7.03. Pending matters.

4259

Except as specifically provided otherwise in this charter, all rights, claims, actions, orders, contracts, and any other legal or administrative proceedings existing on or before the date this charter becomes effective shall continue as they had before the effective date hereof, and any such ongoing projects, work, or cases shall be completed by such city agencies, personnel, departments, authorities, or offices as may be provided by the mayor and council.

SECTION 7.04. Severability.

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

SECTION 7.05. Repealers.

An Act incorporating the City of Buchanan in the County of Haralson, approved on August 17, 1908 (Ga. L. 1908, p. 468), is hereby repealed in its entirety and all amendatory acts thereto are likewise repealed in their entirety. It is the intent and purpose of this charter to replace and supersede the above-referenced charter, and any charter provisions previously enacted.

SECTION 7.06. Effective date.

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

SECTION 7.07. Conflicting laws.

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

4260

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 2007 Session of the Georgia General Assembly of a Bill to provide a new Charter for the City of Buchanan; to provide for the incorporation of powers, and boundaries of said City; to provide for governing authorities; to provide for City organization, personnel, and fiscal administration; to provide for a municipal court; to provide for municipal elections; to provide for all other matters necessary and proper for the City to conduct business as a municipal corporation; to provide for matters relative to the foregoing; to repeal specific laws; and for other purposes.

This 22nd day of February, 2007.

Robert T. Monroe McRae, Stegall, Peck, Harman, Smith & Manning, LLP Attorneys for the City of Buchanan P.O. Box 418 Cedartown, Georgia 30215 (770) 749-6723

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Howard Maxwell, who on oath deposes and says that he is the Representative from District 17 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Haralson Gateway Beacon which is the official organ of Haralson County on March 8, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

s/ HOWARD MAXWELL Howard Maxwell Representative, District I 7

Sworn to and subscribed before me, this 27th day of March 2007.

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

Approved May 29, 2007.

GEORGIA LAWS 2007 SESSION CITY OF WAYCROSS- CORPORATE LIMITS.

4261

No. 309 (House Bill No. 806).

AN ACT

To amend an Act providing a new charter for the City of Waycross, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended, so as to change the corporate limits of such city; 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 Waycross, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended, is amended by adding at the end of Section 3 a new paragraph to read as follows:
"(II) All that portion of the South Georgia Parkway from the intersection of Victory Drive to the city limits of the City of Waycross indicated by the property line of Waycross College."

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 2007 session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Waycross, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended, so as to change the corporate limits of such city; to provide for related matters; to repeal conflicting laws; and for other purposes.
This 5th day of April, 2007.
J. Mark Hatfield Georgia State Representative District I 77 Room 404 Coverdell Legislative Office Building Capitol Square Atlanta, Georgia 30334 (404) 656-0109

4262

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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 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 Apri\6, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

s/ J. MARK HATFIELD J. Mark Hatfield Representative, District 177

Sworn to and subscribed before me, this 9th day of April 2007.

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

Approved May 29, 2007.

GEORGETOWN-QUITMAN COUNTY- CONFLICT OF LAWS.
No. 310 (House Bill No. 808).
AN ACT
To amend an Act creating a new charter for Georgetown-Quitman County (formerly City of Georgetown and Quitman County), approved by referendum November 7, 2006, so as to change provisions relating to the conflict of laws; 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:

GEORGIA LAWS 2007 SESSION

4263

SECTION 1. An Act creating a new charter for Georgetown-Quitman County (formerly City of Georgetown and Quitman County), approved by referendum November 7, 2006, is amended by revising Section 7-104 as follows:
'Section 7-104. Conflict of Laws. For purposes of all applicable laws, the unified government shall constitute a municipality or a county, or both. Except as otherwise provided by this charter, if a law applicable to municipalities and the same or another law applicable to counties are in conflict, the law applicable to municipalities shall prevail; provided, however, in the event of any legal action brought against the unified government, the unified government shall be considered a 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 2007 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for Georgetown-Quitman County (formerly City of Georgetown and Quitman County), approved by referendum November 7, 2006, so as to change provisions relating to the conflict of laws; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Hanner, who on oath deposes and says that he is the Representative from District 148 and further deposes and says that the attached Notice oflntention to Introduce Local Legislation was published in the Cuthbert Southern Tribune which is the official organ of Quitman County on March 22, 2007, and that the notice requirements of Code Section 28-1-14 have been met.
s/ BOB HANNER Bob Hanner Representative, District 148

4264

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Sworn to and subscribed before me, this 9th day of April, 2007.

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

Approved May 29, 2007.

CITY OF MILTON- CITY OF MILTON PUBLIC BUILDINGS AND FACILITIES AUTHORITY; CREATION.
No. 311 (House Bill No. 809).
AN ACT
To create the City of Milton Public Buildings and Facilities Authority and to provide for the appointment of members of the authority; to confer powers upon the authority; to authorize the issuance ofrevenue bonds ofthe authority payable from the revenues, tolls, fees, charges, and earnings of the authority, to contract payments to the authority from other moneys pledged therefor, and to authorize the collection and pledging of the revenues, tolls, fees, charges, earnings, and contract payments of the authority for the payment of such revenue bonds; to authorize the execution of resolutions and trust indentures to secure the payment of the revenue bonds of the authority and to define the rights of the holders of such obligations; to make the revenue bonds of the authority exempt from taxation; to fix and provide the venue and jurisdiction of actions relating to any provisions of this Act; to provide for the validation of bonds; to provide for the separate enactment of each provision of this Act; to provide forrelated 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. Short title.
This Act shall be known and may be cited as the "City of Milton Public Buildings and Facilities Authority Act."

GEORGIA LAWS 2007 SESSION
SECTION 2. City of Milton Public Buildings and Facilities Authority.

4265

(a) There is hereby created a public body corporate and politic to be known as the "City of Milton Public Buildings and Facilities Authority," which shall be deemed to be a political subdivision of this state and a public corporation, and by that name, style, and title, said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The authority shall have perpetual existence. (b) The authority shall consist of seven members who shall be appointed by the mayor and city council of Milton in accordance with this subsection. The mayor and each member of the city council shall appoint a member to the authority. The members of the authority shall serve terms of office concurrent with the term of the persons who appointed them and until a successor is appointed and qualified. Immediately after such appointments, the members of the authority shall enter upon their duties. To be eligible for appointment as a member of the authority, a person shall be at least 21 years of age, shall be a resident of the City of Milton, Georgia, for at least one year prior to the date of his or her appointment, and shall not have been convicted of a felony. The member appointed by the mayor may reside anywhere within the corporate limits of the city, but a member appointed by a councilmember shall reside in such councilmember's district. Any member of the authority may be selected and appointed to succeed himself or herself. (c) The mayor and city council of the City of Milton may provide by resolution for compensation for the services of the members of the authority in such amounts as they may deem appropriate; provided, however, that such members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. (d) The members 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 and treasurer are not members ofthe authority, such officers shall have no voting rights. Each of such officers shall serve for a period of one year and until their successors are duly elected and qualified. (e) Three members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the authority.

SECTION 3. Definitions.

As used in this Act, the term: (I) "Authority" means the City ofMilton Public Buildings and Facilities Authority created by this Act.

4266

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(2) "City" means the City of Milton. (3) "Costs of the project" means and embraces the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment; financing charges; interest prior to and during construction and for six months after completion of construction; the cost of engineering, architectural, fiscal agents' and legal expenses, plans and specifications, and other expenses necessary or incidental to determining the feasibility or practicability ofthe project; administrative expenses and such other expenses as may be necessary or incident to the financing herein authorized; working capital; and all other costs necessary to acquire, construct, add to, extend, improve, equip, operate, and maintain the project. (4) "Project" .means:
(A) All buildings, facilities, and equipment necessary or convenient for the efficient operation of the City of Milton, Georgia, or any department, agency, division, or commission thereof; and (B) Any undertaking permitted by the Revenue Bond Law. (5) "Revenue Bond Law" means the Revenue Bond Law of the State of Georgia (codified at Section 36-82-62 et seq. of the Official Code of Georgia Annotated, as amended), or any other similar law hereinafter enacted. (6) "Revenue bonds" means revenue bonds authorized to be issued pursuant to this Act. (7) "Self-liquidating" means any project which the revenues and earnings are to be derived by the authority therefrom, including, but not limited to, any contractual payments with governmental or private entities, and all properties used, leased, and sold in connection therewith, together with any grants, will be sufficient to pay the costs of operating, maintaining, and repairing the project and to pay the principal and interest on the revenue bonds or other obligations which may be issued for the purpose of paying the costs of the project.

SECTION 4. Powers.

The authority shall have the power: (1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, gift, condemnation, or otherwise and to hold, operate, maintain, lease, and dispose of real and personal property of every kind and character for its corporate purposes; providing, however, that prior to acquiring property by gift, any such gift shall be approved by the mayor and city council; (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,

GEORGIA LAWS 2007 SESSION

4267

and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the authority, the authority being under no obligation to accept and pay for any property condemned under this Act, except from the funds provided under the authority of this Act, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceedings as may be just to the authority and to the owners of the property to be condemned, and no property shall be acquired under the provisions of this Act upon which any lien or encumbrance exists, unless at the time such property is so acquired a sufficient sum of money is to be deposited in trust to pay and redeem the fair value of such lien or encumbrance; (4) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and fix their respective compensations; (5) To execute contracts, leases, installment sale agreements, and other agreements and instruments necessary or convenient in connection with the acquisition, construction, addition, extension, improvement, equipping, operation, or maintenance of a project; and any and all persons, firms and corporations, and the City of Milton, Georgia, are hereby authorized to enter into contracts, leases, installment sale agreements, and other agreements or instruments with the authority upon such terms and for such purposes as they deem advisable and as they are authorized by law; (6) To acquire, construct, add to, extend, improve, equip, hold, operate, maintain, lease, and dispose of projects; (7) To pay the costs of the project with the proceeds of revenue bonds or other obligations issued by the authority or from any grant or contribution from the United States of America or any agency or instrumentality thereof or from the state or any agency or instrumentality or other political subdivision thereof or from any other source whatsoever; (8) To accept loans, gifts, donations, or grants of money or materials or property of any kind from the United States ofAmerica or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may require; (9) To accept loans, gifts, donations, or grants of money or materials or property of any kind from the state or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the state or such agency or instrumentality or political subdivision may require; (10) To borrow money for any of its corporate purposes and to issue revenue bonds, and to provide for the payment of the same and for the rights of the holders thereof; (II) To exercise any power usually possessed by private corporations performing similar functions, including the power to incur short-term debt and to approve, execute, and deliver appropriate evidence of any such indebtedness; and (12) To do all things necessary or convenient to carry out the powers expressly given in this Act.

4268

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 5. Revenue bonds.

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

SECTION 6. Same; form; denomination; registration; place of payment.

The authority shall determine the form of the revenue bonds and shall fix the denomination or denominations of the revenue bonds. The revenue bonds may be issued in coupon or registered form, or both, as the authority may determine, and provision may be made for registration and exchangeability privileges. The authority shall fix the place or places of payment of principal and interest thereon.

SECTION 7. Same; signatures; seal.

All such revenue bonds shall bear the manual or facsimile signature of the chairperson or vice chairperson of the authority and the attesting manual or facsimile signature of the secretary, assistant secretary, or secretary-treasurer of the authority, and the official seal of the authority shall be impressed or imprinted thereon. Any coupons attached thereto shall bear the manual or facsimile signatures of the chairperson or vice chairperson and the secretary, assistant secretary, or secretary-treasurer of the authority. Any revenue bonds or coupons attached thereto may bear the manual or facsimile signature of such persons who, at the actual time of the execution of such revenue bonds or coupons, shall be duly authorized or hold the proper office, although at the date of issuance of such revenue bonds, such person may not have been so authorized or shall not have held such office. In case any officer whose signature shall appear on any revenue bond or any coupon shall cease to be such officer before the delivery of such revenue bond, such signature shall nevertheless be

GEORGIA LAWS 2007 SESSION

4269

valid and sufficient for all purposes, the same as if that person had remained in office until such delivery.

SECTION 8. Same; negotiability; exemption from taxation.

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

SECTION 9. Same; sale; price; proceeds.

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

SECTION 10. Same; interim receipts and certificates or temporary bonds.

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

SECTION 11. Same; replacement of lost or mutilated bonds.

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

SECTION 12. Same; conditions precedent to issuance.

The authority shall adopt a resolution authorizing the issuance of the revenue bonds. In the resolution, the authority shall determine that the project financed with the proceeds of the revenue bonds is self-liquidating. Revenue bonds may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions, and things which are specified or required by this Act. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution

4270

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

may be passed at any regular or special or adjourned meeting of the authority by a majority of its members.

SECTION 13. Credit not pledged.

Revenue bonds shall not be deemed to constitute a debt of the City of Milton, Georgia, nor a pledge of the faith and credit of the city, but such revenue bonds shall be payable solely from the fund provided for in this Act. The issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the city to levy or to pledge any form of taxation whatsoever for payment of such revenue bonds or to make any appropriation for their payment, and all such revenue bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. Notwithstanding the foregoing provisions, this Act shall not affect the ability of the authority and any political subdivision or municipality to enter into an intergovernmental contract pursuant to which the political subdivision or municipality agrees to pay amounts sufficient to pay operating charges and other costs of the authority or any project including, without limitation, the principal of and interest on revenue bonds in consideration for services or facilities of the authority.

SECTION 14. Trust indenture as security.

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

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

In the resolution providing for the issuance of revenue bonds or in the trust indenture, the authority shall provide for the payment of the proceeds of the sale of the revenue bonds to any officer or person who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes thereof, subject to such regulations as this Act and such resolution or trust indenture may provide.

GEORGIA LAWS 2007 SESSION
SECTION 16. Sinking fund.

4271

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

SECTION 17. Remedies of bondholders.

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

4272

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 18. Validation.

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

SECTION 19. Venue and jurisdiction.

Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such authority shall be brought in the Superior Court of Fulton County, Georgia, and any action pertaining to validation of any revenue bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions.

SECTION 20. Interest of bondholders protected.

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

GEORGIA LAWS 2007 SESSION
SECTION 21. Moneys received considered trust funds.

4273

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

SECTION 22. Purpose of the authority.

Without limiting the generality of any provision of this Act, the general purpose of the authority is declared to be that of providing buildings, facilities, equipment, and services for the citizens in the City of Milton, Georgia.

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

The authority is hereby authorized to prescribe and fix rates and to revise same from time to time and to collect revenues, tolls, fees, and charges for the services, facilities, and commodities furnished and, in anticipation ofthe collection ofthe revenues, to issue revenue bonds or other types of obligations as herein provided to finance, in whole or in part, the costs of the project, and to pledge to the punctual payment of said revenue bonds or other obligations all or any part of the revenues.

SECTION 24. Rules, regulations, service policies, and
procedures for operation of projects.

It shall be the duty of the authority to prescribe or cause to be prescribed rules, regulations, service policies, and procedures for the operation of any project or projects constructed or acquired under the provisions of this Act. The authority may adopt bylaws.

SECTION 25. Tort immunity.

To the extent permitted by law, the authority shall have the same immunity and exemption from liability for torts and negligence as the City of Milton, Georgia; and the officers, agents, and employees of the authority when in the performance of the work of the authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of the City of Milton, Georgia, when in the performance of their public duties or the work of the city.

4274

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 26. Tax-exempt status of the authority.

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

SECTION 27. Effect on other governments.

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

SECTION 28. Liberal construction of Act.

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

SECTION 29. Effective date.

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

SECTION 30. Repeal.

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 2007 session of the General Assembly of Georgia a bill to create the City of Milton Public Buildings and Facilities Authority and to provide for the appointment of members of the authority; to confer powers upon the authority; to authorize the issuance of revenue bonds of the authority payable from the revenues, tolls, fees, charges, earnings if the authority, to contract payments to the authority from other moneys pledged therefor, and to authorize the collection and pledging

GEORGIA LAWS 2007 SESSION

4275

of the revenues, tolls, fees, charges, earnings, and contract payments of the authority for the payment ofsuch revenue bonds; to authorize the execution ofresolutions and trust indentures to secure the payment of the revenue bonds of the authority to define the rights of the holders of such obligations; to make the revenue bonds of the authority exempt from taxation; to fix and provide the venue and jurisdiction of actions relating to any provisions of this Act; to provide for the validation of bonds; to provide for the separate enactment of each provision of this Act; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

This 21st day of March, 2007.

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 Daily Report which is the official organ of Fulton County on March 26, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

s/ JAN JONES Jan Jones Representative, District 46

Sworn to and subscribed before me, this 29th day of March 2007.

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

Approved May 29, 2007.

4276

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

CITY OF MILTON -CORPORATE LIMITS.

No. 312 (House Bill No. 810).

AN ACT

To amend an Act to incorporate the City of Milton in Fulton County, Georgia, approved March 29, 2006 (Ga. L. 2006, p. 3554), so as to change the corporate limits; 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 incorporate the City of Milton in Fulton County, Georgia, approved March 29, 2006 (Ga. L. 2006, p. 3554), is amended by revising paragraph (I) of Appendix A as follows:
u(l) Subject to the exclusion of that territory described in the other paragraphs of this Appendix A, the City of Milton shall include territory within the following boundary: BEGINNING at the intersection of the Southern Right of Way Line of Arnold Mill Road (a/k/a State Route 140) (right-of-way varies) and the Fulton/Cherokee County line; thence, southeasterly along the southwesterly right-of-way of Arnold Mill Road (right-of-way varies), a distance of2,333.64 feet to the southeastright-of-wayofOld Chadwick Lane (30' right-of-way) thence, southwesterly along said southeasterly right-of-way ofOld Chadwick Lane (30' right-of-way) a distance of749.64 feet to the west line of Land Lot 929; thence,
South ooo 19'58" East, along said west line of Land Lot 929, a distance of216.05 feet to the
southwest corner of Land Lot 929, said corner being common with Land Lots 929, 930, 943, and 944; thence, South 8943'32" East, along the south line of Land Lot 929, a distance of 897.87 feet to the southwesterly right-of-way of Arnold Mill Road (right-of-way varies); thence, southeasterly, along said southwesterly right-of-way of Arnold Mill Road (right-of-way varies) a distance of 425.12 feet to a point; thence, leaving said Arnold Mill Road right-of-way and running South 2609'42" West a distance of 42.0 I feet to a point; thence, South 51 27'43" West a distance of 539.10 feet to a point; thence, North 2847'18" West a distance of 165.15 feet to a point; thence, South 8741 '04" West a distance of98.25 feet to a point; thence, South 4441 '58" West a distance of 168.00 feet to a point; thence, South 5055'57" East a distance of 349.12 feet to a point; thence, South 6926'47" East a distance of 246.98 feet to a point on the northwesterly right-of-way of Lackey Road (right-of-way varies), thence, South 51 44'13" East a distance of 50.00 feet to a point on the southeasterly right-of-way of Lackey Road (right-of-way varies); thence, 230 feet, more or less, southwesterly along the right-of-way of Lackey Road (right-of-way varies) to a point on the north line of Land Lot I00 I; thence, leaving said right-of-way of Lackey Road and running North 8957'22" East, along said north line of Land Lot 1001, a distance of 536.52 feet to the northeast corner of Land Lot 1001, said corner being

GEORGIA LAWS 2007 SESSION

4277

common with Land Lots 944,945, 1000, and 1001; thence, South 0019'32" East, along the east line of Land Lot 1001, a distance of 1,224.21 feet to a point on said land lot line; thence, leaving said land lot line, North 8952'00" East a distance of 654.80 feet to a point; thence, North 8418'00" East a distance of 552.80 feet to a point; thence, North 8954'00" East a distance of 120.00 feet to a point on the west line of Land Lot 999; thence, South 0009'00" East, along said land lot line, a distance of 199.80 feet to the southwest comer of Land Lot 999, said comer being common with Land Lots 999, 1000, 1017, and 1018; thence, North 8934'00" East, along the south line of Land Lot 999, a distance of 334.90 feet; thence, leaving said land lot line, South 1428'00" East a distance of395.10 feet to a point on the northerly right-of-way of Sweet Apple Road (right-of-way varies); thence, southwesterly along the northwesterly right-of-way of Sweet Apple Road (right-of-way varies), a distance of 595.75 feet to a point on the centerline of a branch; thence, leaving the right-of-way of Sweet Apple road, running northwesterly 1,324 feet, more or less, along the centerline of said branch to a point on the west line of Land Lot 1017; thence, North 0011 '00" West, along the west line of Land Lot 1017, 528.80 feet to the northwest comer of Land Lot 1017, said corner being common with Land Lots 1000, 1001, 1016, and 1017; North 8907'51" West, along the south line of Land Lots 1001 and 1002, 2,640.00 feet to the southwest comer of Land Lot 1002, said comer being common with Land Lots 1002, 1003, 1014, and 1015; thence, North 8952'48" West, along the south line of Land Lot 1003, a distance of 1,302.59 feet to the southwest comer of Land Lot 1003, said comer being common with Land Lots 1003, 1004, 1013, and 1014; South 0043'19" West, along the east line of Land Lot 1013 and part of the east line of Land Lot 1076, a distance of 1,570.73 feet to the northerly right-of-way of Lackey Road (right-of-way varies); thence, South 0042'46" West, along the east line of Land Lot 1076, a distance of 1,088.79 feet to the southeast corner of Land Lot 1076, said comer being common with Land Lots I075, 1076, 1085, and 1086; thence Easterly along the South Line of Land Lot 1075, to the Southeast comer of Land Lot 1075, said comer being common with Land Lots 1074, 1075, 1086, and 1087; thence generally Northerly along the West Line of Land Lot 1074, to a point on the Northern Right of Way of Ebenezer Road (right-of-way varies); thence generally Southeasterly along theNorthem Right of Way of Ebenezer Road (right-of-way varies), following the curvature thereof to the intersection of the Northern Right of Way of Ebenezer Road with the West Line of Land Lot 1072; thence generally Southerly along said West Land Lot Line approximately 310.00 feet more or less to the Southwest comer of Land Lot 1072, said comer being common with Land Lots 1072, 1073, 1088, and 1089; thence, North 8839'10" East, along the south line of Land Lot 1072, a distance of 1,062.30 feet to a point; thence, North 01 37'04" West a distance of 495.61 feet to the northerly right-of-way of Ebenezer Road (60' right-of-way); thence, easterly and southerly along the northerly and northeasterly right-of-way of said Ebenezer Road (60' right-of-way) a distance of 1,556.29 feet to a point; thence, North 01 28'32" West a distance of 1,685.56 feet to a point located on the north line of Land Lot 1071; thence North 8824'33" East, along said north line of Land Lot 1071, a distance of 363.07 feet to the northeast comer of

4278

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Land Lot 1071, said corner being common with Land Lots 1018, 1019, 1070, and 1071; thence, South 01 14'27" East, along the east line of Land Lot 1071, a distance of 385.00 feet to a point; thence, North 8856'49" East a distance of 455.60 feet to a point; thence, South 01 05'35" East a distance of653.02 feet to a point; thence, South 0452'12" East a distance of 572.30 feet to a point; thence, South 7031 '09" East a distance of 300.0 feet to a point; thence, South 0541' 13" East a distance of 410.0 feet to a point located on the southwesterly right-of-way of Ebenezer Road (60' right-of-way); thence, northwesterly along said southwesterly right-of-way of Ebenezer Road (60' right-of-way), a distance of 202.00 feet to a point; thence, South 0244'05" West a distance of 192.38 feet to a point; thence, South 8920'09" West a distance of 177.41 feet to a point; thence, South 03 o 15'58" East a distance of 400.83 feet to a point; thence, South 8848'04" West a distance of 428.52 feet to a point located on the west line of Land Lot 1091; thence, South 0321 '51" East along said west line of Land Lot 1091, a distance of 10.78 feet to the southwest corner of Land Lot 1091, said corner being common with Land Lots 1090, 1091, 1142, and 1143; thence, South 8731 '47" West, along the south line of Land Lot 1090, a distance of686.47 feet to a point; thence; South 8058'33" West, along said south line of Land Lot 1090, a distance of 30.00 feet to a point; thence, South 0909'27" East a distance of 130.02 feet to a point; thence, South 8058'33" West a distance of 210.01 feet to a point; thence, South 0901 '27" East a distance of850.18 feet to a point on the southeasterly right-of-way of Cox Road (50' right-of-way); thence, southwestern and westerly along said southeasterly and southerly right-of-way ofCox Road (50' right-of-way) the following courses and distances: South 5914'33" West a distance of280.1 0 feet, South 5944'31" West a distance of I 00.12 feet, South 61 00'03" West a distance of I 02.19 feet, South 6245"40" West a distance of 99.43 feet, South 6711' 10" West a distance of94.68 feet, South 7223'29" West a distance of 107.45 feet, South 7729'59" West a distance of 111.75 feet, South 8343'38" West a distance of 118.69 feet, South 8836'36" West a distance of 516.93 feet, South 8939'42" West a distance of 399.21 feet, to the west line of Land Lot 1161; thence continuing generally Westerly along and following the curvature of said Southern Right of Way of Cox Road to a point being the Northwest corner of Parcel Number 22-3450-1160-030-4; thence generally South along the Western boundary of said Parcel Number 22-3450-1160-030-4 a distance of approximately 407.5 feet to a point being theNortheast corner of Parcel Number 22-3450-1160-038-7; thence generally Southwest a distance of approximately 50 feet along the Northwest boundary of said Parcel Number 22-3450-1160-03 8-7; thence generally Southwest a distance of approximately 90.5 feet along the Northwest boundary of said Parcel Number 22-3450-1160-038-7; thence generally Southwest a distance of approximately 279.83 feet along the Northwest boundary of said Parcel Number 22-3450-1160-038-7; thence generally South a distance of approximately 84.8 feet along the Western boundary of said Parcel Number 22-3450-1160-03 8-7 to a point being the Southwest corner of said Parcel Number 22-3450-1160-03 8-7; thence generally Southeast a distance of approximately 191.62 feet along the Southern boundary of said Parcel Number 22-3450-1160-038-7 to a point being

GEORGIA LAWS 2007 SESSION

4279

the Southeast comer of said Parcel Number 22-3450-1160-038-7; thence generally South a distance of approximately 248.8 feet along the Western boundary of Parcel Number 22-3450-1160-030-4 to a point on the Northern boundary line of Parcel Number 22-3450-1217-026-5, said point being the Southwest comer of said Parcel Number 22-3450-1160-030-4; thence generally South and West a distance of approximately 105.9 feet along the Northern boundary of Parcel Number 22-3450-1217-026-5; thence generally South and West a distance of approximately 256.08 feet along the Northern boundary of Parcel Number 22-3450-1217-026-5; thence generally West a distance of approximately 165.14 feet along the Northern boundary of Parcel Number 22-3450-1217-026-5; thence generally West a distance of approximately 245.82 feet along the Northern boundary of Parcel Number 22-3450-1217-026-5 to a point on the West Line of Land Lot 1160, said point being the Northwest corner of Parcel Number 22-3450-1217-026-5; thence generally South along the said West Line of Land Lot 1160 to the Southwest comer of said Land Lot 1160, said corner being common with Land Lots 1159, 1160, 1217, and 1218; thence continuing generally South along the West Line of Land Lot 1217 to the Southwest comer of said Land Lot 1217, said comer being common with Land Lots 121 7, 1218, 123 2, and 1233; thence continuing generally South along the West Line of Land Lot 1232 to a point being the Southwest comer of Parcel Number 22-3460-1232-010-8; thence running generally East a distance of approximately 1,137.7 feet to a point located on the Western Right of Way of King Circle (a 30' right-of-way) said point being the Southeast comer of said Parcel Number 22-3460-1232-010-8; thence running generally Southeast a distance of approximately 545.91 feet along and following the curvature of the Western Right of Way of King Circle (a 30' right-of-way) to a point along said Right of Way, said point being the Southeast comer of Parcel Number 22-3460-1232-030-6; thence leaving said Right of Way and running generally West a distance of approximately 1,363 feet to a point on the West Line of Land Lot 1232, said point being the Southwest corner of said Parcel Number 22-3460-1232-030-6; thence generally South along the West Line of Land Lot 1232 a distance of approximately 423.7 feet to the Southwest comer of Land Lot 1232, said comer being common with Land Lots 1231, 1232, 1288, and 1289; thence running generally East along the South Line of Land Lot 1232 to a point that is approximately 316.6 feet from the intersection of said South Line with the Western Right of Way of King Circle (a 30' right-of-way), said point also being the Northwest comer of Parcel Number 22-3520-1288-073-7; thence running generally Southeast along the Southwestern boundary of said Parcel Number 22-3520-1288-073-7 a distance of approximately 401.4 feet to a point being the Southwest corner of said Parcel Number 22-3520-1288-073-7; thence running generally East along the Southern boundary of said Parcel Number 22-3520-1288-073-7 a distance of approximately 410.0 feet to a point located on the Western Right of Way of King Road (right-of-way varies), said point being the Southeast comer of said Parcel Number 22-3520-1288-073-7; thence continuing generally Northerly along and following the curvature of said Western Right of Way of King Road to a point located on said Western Right of Way of King Road at the Northeast

4280

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

corner of Parcel Number 22-3520-1233-074-1; thence leaving said Right of Way of King Road and running generally Northwest along the Northeastern boundary of said Parcel Number 22-3520-1233-074-1 a distance of approximately 327 feet to a point located at the Northwestcornerofsaid Parcel Number 22-3520-1233-074-1; thence running generally North a distance of approximately 106.66 feet along the Western boundary of Parcel Number 22-3524-1233-001 to a point being the Northwest corner of said Parcel Number 22-3524-1233-001; thence continuing generally North a distance ofapproximately 78.93 feet along the Eastern boundary line of Parcel Number 22-3520-1233-070 to a point being the Northeast corner of said Parcel Number 22-3520-1233-070; thence running generally Northeast a distance of approximately 212.3 7 feet along the Northwestern boundary line of Parcel Number 22-3524-1233-003 to a point being the Northern corner of said Parcel Number 22-3524-1233-003; thence continuing generally Northeast a distance of approximately 121.38 feet along the Northwestern boundary of Parcel Number 22-3524-1233-004 to a point being the Southwest corner of Parcel Number 22-3520-1233-096; thence running generally Southeast a distance ofapproximately 93.66 feet along the Southern boundary of Parcel Number 22-3520-1233-096 to a point being the Northwest corner ofParcel Number 22-3520-1233-081; thence running generally Southeast a distance of approximately 425.65 feet along the Southern boundary of Parcel Number 22-3520-1233-081 to a point located on the Western Right of Way of King Road (right-of-way varies), said point being the Southeast corner of Parcel Number 22-3520-1233-081; thence continuing generally Northerly along and following the curvature of said Western Right of Way of King Road to a point located on said Western Right of Way of King Road and along the Eastern boundary line of Parcel Number 22-3520-1233-096 directly across from the Northern Right of Way of Kent Road; thence Easterly across King Road to a point at the intersection of the Eastern Right of Way of King Road and theN orthern Right of Way of Kent Road; thence running generally Easterly along and following the curvature of said Northern Right of Way of Kent Road a distance of approximately 681.1 feet to a point located on said Northern Right of Way of Kent Road at the Southeast corner of Parcel Number 22-3520-1233-016-2; thence leaving said Right of Way and running generally North along the Eastern boundary of said Parcel Number 22-3520-1233-016-2 a distance of approximately 687 .2 feet to a point being the Northeast corner of said Parcel Number 22-3520-1233-016-2; thence running generally West along theNorthern boundary of said Parcel Number 22-3520-1233-016-2 a distance of approximately 422.2 feet to a point on the Eastern Right of Way of King Road being theN orthwest corner of said Parcel Number 22-3520-1233-0 16-2; thence Westerly across King Road to a point on the Western Right of Way of King Road; thence generally Northerly along and following the curvature of said Western Right of Way of King Road to a point located on said Western Right of Way of King Road and being the Northeast corner of Parcel Number 22-351 0-1162-075; thence Easterly across King Road to a point on the Eastern Right of Way of King Road being the Southwest corner of Parcel Number 22-3510-1162-009; thence, North 81 o 15'52" East a distance of 235.27 feet to a point;

GEORGIA LAWS 2007 SESSION

4281

thence, 7616'38" East a distance of 526.69 feet to a point located on the east line of Land Lot 1162; thence, North 0030'38" East, along said east line of Land Lot 1162, a distance of 532.99 feet to the southwest corner of Land Lot 1142, said corner being common with Land Lots 1142, 1143, 1162, and 1163; thence North 01 degrees 11 minutes 29 seconds West along the West Line of Land Lot 1142, a distance of 818.25 feet to the Southeast Right of Way of Cox Road (right-of-way varies); thence Northeasterly along the said Southeastern Right of Way of Cox Road (right-of-way varies) and crossing over Woodstream Court and Etris Road, a distance of 2,585.0 feet to a point; thence South 00 degrees 48 minutes 08 seconds East a distance of865.47 feet to the South Line of Land Lot 1092; thence East along said South Line of Land Lot I 092 a distance of 477.0 feet to the Southeast corner ofLand Lot 1092, said corner being common with Land Lots I092, 1093, 1140, and 1141; thence North, along the East Line of Land Lot 1092, a distance of 550.0 feet; thence South 80 degrees 38 minutes 00 seconds East a distance of 97.2 feet; thence North 08 degrees 00 minutes 00 seconds East a distance of 157.0 feet to a point located on the Southwest Right ofW ay of Old Cemetery Road (right-of-way varies); thence South 72 degrees 21 minutes 00 seconds East, along said Old Cemetery Road (right-of-way varies) a distance of 140.3 feet to a point located on the Southwesterly Right of Way of Arnold Mill Road (right-of-way varies); thence Southeasterly along said Right of Way of Arnold Mill Road a distance of2,562 feet, more or less, to the northerly right-of-way of Cagle road (60' right-of-way); thence, westerly along the northerly right-of-way of Cagle Road (60' right-of-way) a distance of 198 feet, more or less, to the east line of Land Lot 1165; thence, south, along said east line of Land Lot 1165, a distance of 60.0 feet to the southerly right-of-way of Cagle Road (60' right-of-way); thence continuing generally South along the East Line of Land Lot 1165 to a point on the Southeast corner of said Land Lot 1165, said corner being common with Land Lots 1165, 1166, 1211, and 1212; thence running generally East along the South Line of Land Lot 1166 to the intersection of said South Line with the Southwestern Right of Way of Arnold Mill Road (right-of-way varies) to that point where Arnold Mill Road first intersects the Alpharetta City limits south of Green Road; thence follow the meanderings ofthe Alpharetta City limits generally northeastward and eastward to Land Lot 11 03; then proceeding north along the western edge of Land Lot 1103 and Land Lot I 058 to the northwestern most corner of the Harrington Falls subdivision; then proceeding eastward along the northern boundary ofthe Harrington Falls subdivision to the northwestern most corner ofparcel22463010340275; then proceeding east along the northern border ofparcel22463010340275 to the centerline of Providence Road, then south along the centerline of Providence Road to the Alpharetta City limits; then following the meanderings of the Alpharetta City limits generally easterly to the intersection of Ga. Route 400 and the Fulton/Forsyth County line; run thence generally north along the Fulton/Forsyth County Line and thence west and south along the Fulton County line to the point of beginning;n.

4282

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to amend an Act to incorporate the City of Milton in Fulton County, Georgia, approved March 29, 2006 (Ga. L. 2006, p. 3554), as amended, so as to change the corporate limits; to provide for related matters; to repeal conflicting laws; and for other purposes
This 22 day of March, 2007.
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 Daily Report which is the official organ of Fulton County on March 28, 2007, and that the notice requirements of Code Section 28-1-14 have been met.
sf JAN JONES Jan Jones Representative, District 46
Sworn to and subscribed before me, this 1Oth day of April 2007.
sf DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 29, 2007.

GEORGIA LAWS 2007 SESSION

4283

CITY OF MILTON -MAYOR AND COUNCIL; QUALIFICATIONS; TERM LIMITS; COMPENSATION; CITY MANAGER; NOMINATION; ELIMINATE EXECUTIVE AIDE; COMPOSITION OF CERTAIN BOARDS, COMMISSIONS, AND AUTHORITIES; REMOVE CERTAIN FRANCHISE PROVISIONS.

No. 313 (House Bill No. 811 ).

AN ACT

To amend an Act to incorporate the City of Milton in Fulton County, Georgia, approved March 29, 2006 (Ga, L. 2006, p. 3554), so as to provide for certain qualifications for the office of mayor or councilmember; to provide for term limits; to change the compensation for the mayor and councilmembers; to provide for certain nominations; to eliminate the position of executive aide; to provide for the composition of certain boards, commissions, and authorities; to remove certain franchise provisions; 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 incorporate the City of Milton in Fulton County, Georgia, approved March 29, 2006 (Ga, L. 2006, p. 3554), is amended by revising subsection (b) of Section 2.10 as follows:
"(b) The mayor and councilmembers shall serve for terms of four years and until their respective successors are elected and qualified, except as otherwise provided in subsection (d) of Section 2.11 of this charter. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the territory for 12 months immediately preceding the election of mayor or councilmembers, shall have attained the age of 21 years prior to the date of qualifying, and, in the case of councilmembers, has been a resident of the district from which he or she seeks election for six months at the time of qualifying for election; each such person shall continue to reside within the city and, in the case ofcouncilmembers, within the district from which he or she was elected during said period of service and shall be registered and qualified to vote in municipal elections of this city. The mayor may reside anywhere within the city. No person's name shall be listed as a candidate on the ballot for election for either mayor or councilmember unless such person shall file a written notice with the clerk of said city that such person desires his or her name to be placed on said ballot as a candidate either for mayor or councilmember. No person shall be eligible for the office of mayor or councilmember unless such person shaH file above said notice within the time provided for in Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'"

4284

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 2. Said Act is further amended by adding a new subsection to Section 2.10 as follows:
(c)(!) The mayor shall be limited to serving two four-year terms ofoffice. After serving two full terms of office, the mayor shall be ineligible for election or reelection to the office of mayor. (2) Councilmembers shall be limited to serving two full terms of office. After serving two full terms of office, councilmembers shall be ineligible for election or reelection to the city council. (3) Persons who serve terms of less than four years as a result of being elected to an initial term of office under subsection (d) of Section 2.11 or who fill an unexpired term shall not be considered to have served a full term of office for the purposes of this subsection."

SECTION 3. Said Act is further amended by revising Section 2.14 as follows:

sECTION 2.14. Compensation and expenses.

The annual salary of the mayor shall be $23,000.00 and the annual salary for each councilmember shall be $13,000.00. Such salary shall be paid from municipal funds in monthly installments. The city council may provide for the reimbursement of expenses actually and necessarily incurred by the mayor and members of the city council in carrying out their official duties."

SECTION 4. Said Act is further amended by revising subsection (b) of Section 3.22 as follows:
(b) The mayor shall: (I) Preside at all meetings of the city council and participate therein as a voting member of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes and be the official spokesperson for the city and the chief advocate of policy; (3) Have power to administer oaths and to take affidavits; (4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, resolutions, and other instruments executed by the city which by law are required to be in writing; (5) See that all laws and ordinances of the city are faithfully executed; (6) Vote on any motion, resolution, ordinance, or other question before the council other than a veto override; (7) Obtain short-term loans in the name of the city when authorized by the city council to do so;

GEORGIA LAWS 2007 SESSION

4285

(8) Appoint city council committees and appoint councilmembers to oversee and report on the functions of the various departments of the city, subject to confirmation by the city council; (9) Require the city manager to meet with him or her at a time and place designated for consultation and advice upon the affairs of the city; (10) Nominate the city manager, city attorney, chiefjudge of municipal court, city clerk, and city treasurer, subject to ratification by the city council; provided, however, that, if the mayor's nomination is rejected by the city council or the mayor fails to offer a nomination, nominations may be offered by members of the city council; (11) Prepare or have prepared an agenda for each meeting of the city council which shall include all business submitted by the mayor, any councilmember, the city manager, and the city attorney; and (12) Fulfill and perform such other duties as are imposed by this charter and duly adopted ordinances.u

SECTION 5. Said Act is further amended by revising subsection (a) of Section 3.23 as follows:
0 (a) The mayor shall nominate a city manager for an indefinite term and shall set the city manager's initial compensation, subject to confirmation by the city council. The city manager shall be nominated solely on the basis of that person's executive and administrative qualifications.u

SECTION 6. Said Act is further amended by revising Sections 3.26 and 3.27 as follows:

Reserved.

0 SECTION 3.26.

Reserved.0

SECTION 3.27.

SECTION 7. Said Act is further amended by revising subsection (b) of Section 4.11 as follows:
u(b) All members of boards, commissions, and authorities of the city shall be appointed by a majority vote of the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. Except as otherwise provided by this charter or by law, each board, commission, or authority shall consist of seven members with one member being appointed by each member of the city council and the mayor. Members appointed by the mayor may reside anywhere within the corporate

4286

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

limits of the city, but a member appointed by a member of the city council shall reside within the district of the councilmember who appointed such member.'

SECTION 8. Said Act is further amended by revising Section 6.14 as follows:

Reserved.'

nSECTION 6.14.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to amend an Act to incorporate the create the City of Milton in Fulton County, Georgia, approved March 29,2006 (Ga. L. 2006, p. 3554), so as to provide for certain qualifications for the office of mayor or councilmember; to provide for term limits; to change the compensation for the mayor and councilmembers; to provide for certain nominations; to eliminate the position of executive aide; to provide for the composition of certain boards, commissions, and authorities; to remove certain franchise provisions; to provide for related matters; to repeal conflicting laws; and for other purposes.
This 21st day of March, 2007.
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 Daily Report which is the official organ of Fulton County on March 28, 2007, and that the notice requirements of Code Section 28-1-14 have been met.
sf JAN JONES Jan Jones Representative, District 46

GEORGIA LAWS 2007 SESSION
Sworn to and subscribed before me, this 29th day of March 2007.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 29, 2007.

4287

CITY OF ROSWELL- CORPORATE LIMITS.
No. 314 (House Bill No. 812).
AN ACT
To amend an Act to reincorporate the City of Roswell in the County of Fulton, approved Aprill9, 2000 (Ga. L. 2000, p. 3844), as amended, so as to change the corporate limits; 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 reincorporate the City of Roswell in the County of Fulton, approved April 19, 2000 (Ga. L. 2000, p. 3844), as amended, is amended by designating the matter presently in Section 1.20 as subsection (a) and adding a new subsection (b) to read as follows:
"(b) In addition to the properties described in subsection (a) of this section, the boundaries of the city shall also include the following described properties:
(1) SWEET APPLE CROSSING AND EBENEZER ROAD AREA: All that tract or parcel ofland lying and being located in Land Lots 1070, 1071, 1072, 1073, 1074, 1087, 1088, 1089, 1090, 1091,1143, 1144, 1145, 1160, and 1161 ofthe 2nd District, 2nd Section, Fulton County, Georgia and being more particularly described as follows: BEGINNING at the southeast corner of Land Lot 1073, said corner being common with Land Lots 1072, 1073, I 088, and 1089; thence, North 8839'1 0" East, along the south line of Land Lot I 072, a distance of I ,062.30 feet to a point; thence, North 01 37'04" West a distance of 495.61 feet to the northerly right-of-way of Ebenezer Road (60' right-of-way); thence, easterly and southerly along the northerly and northeasterly right-of-way of said Ebenezer Road (60' right-of-way) a distance of 1,556.29 feet to a

4288

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

point; thence, North 01 28'32" West a distance of 1,685.56 feet to a point located on the north line of Land Lot 1071; thence North 8824'33" East, along said north line of Land Lot 1071, a distance of 363.07 feet to the northeast corner of Land Lot 1071, said corner being common with Land Lots 1018, 1019, 1070, and 1071; thence, South 0114'27" East, along the east line of Land Lot 1071, a distance of 385.00 feet to a point; thence, North 8856'49" East a distance of 455.60 feet to a point; thence, South 01 05'35" East a distance of653.02 feet to a point; thence, South 0452'12" East a distance of572.30 feet to a point; thence, South 7031 '09" East a distance of 300.0 feet to a point; thence, South 0541 '13" East a distance of41 0.0 feet to a pint located on the southwesterly right-of-way of Ebenezer Road (60' right-of-way); thence, northwesterly along said southwesterly right-of-way of Ebenezer Road (60' right-of-way), a distance of 202.00 feet to a point; thence, South 0244'05" West a distance of 192.38 feet to a point; thence, South 8920'09" West a distance of 177.41 feet to a point; thence, South 0315'58" East a distance of400.83 feet to a point; thence, South 8848'04" West a distance of428.52 feet to a point located on the west line of Land Lot 1091; thence, South 0321 '51" East along said west line of Land Lot 1091, a distance of 10.78 feet to the southwest corner of Land Lot 1091, said corner being common with Land Lots 1090, 1091, 1142, and 1143; thence, South 8731 '47" West, along the south line of Land Lot 1090, a distance of 686.47 feet to a point; thence; South 8058'33" West, along said south line of Land Lot 1090, a distance of 30.00 feet to a point; thence, South 0909'27" East a distance of 130.02 feet to a point; thence, South 8058'33" West a distance of 210.01 feet to a point; thence, South 0901 '27" East a distance of 850.18 feet to a point on the southeasterly right-of-way of Cox Road (50' right-of-way); thence, southwestern and westerly along said southeasterly and southerly right-of-way of Cox Road (50' right-of-way) the following courses and distances: South 5914'33" West a distance of280.10 feet, South 5944'31" West a distance of 100.12 feet, South 61 00'03" West a distance of 102.19 feet, South 6245"40" West a distance of99.43 feet, South 6711 '1 0" West a distance of94.68 feet, South 7223'29" West a distance of 107.45 feet, South 7729'59" West a distance of 111.75 feet, South 8343'38" West a distance of 118.69 feet, South 8836'36" West a distance of 516.93 feet, South 8939'42" West a distance of 399.21 feet, to the west line of Land Lot 1161 ,; thence, continuing along the southerly right-of-way of Cox Road (right-of-way varies) South 8921 '41" West a distance of 151.04 feet to a point; thence, North 01 50'0 1" West a distance of 341.54 feet to a point; thence, North 8920'50" East a distance of 150.00 feet to a point located on the west line of Land Lot 1144; thence, North 0200'27" West, along said west line of Land Lot 1144, a distance of I003.16 feet to the northwest corner of Land Lot 1144, said corner being common with Land Lots 1088, 1089, 1144, and 1145; thence, westerly along the south line of Land Lot 1088 the following courses and distances: North 8549'57" West a distance of9. 73 feet, North 1603'17" West a distance of21.68 feet, South 8827'52" West a distance of313.71 feet, South 8830'49" West a distance of 501.23 feet, South 8830'49" West a distance of 509.10 feet to the southwest corner of Land Lot 1088, said corner being common with

GEORGIA LAWS 2007 SESSION

4289

Land Lots 1087, 1088, 1145, and 1146; thence, South 8830'49" West, along the south line of Land Lot 1087, a distance of648.00 feet to a point; thence, North 0239'30" West a distance of574.80 feet to a point; thence, North 2844'00" East a distance of 159.50 feet to a point; thence, North 13 o 13'00" West a distance of 75.20 feet to a point; thence, North 1333'30" West a distance of 137.60 feet to a point; thence, North 3044'30" East a distance of264.30 feet to a point; thence, North 0538'30" East a distance of 156.45 feet to a point located on the north line of Land Lot 1087; thence, South 8956'00" East, along said north line of Land Lot 1087, a distance of 212.20 feet to a point; thence, North 0219'00" East a distance of 500.90 feet to the northerly right-of-way of Ebenezer Road (60' right-of-way); thence, easterly and southeasterly along the northerly right-of-way of Ebenezer Road (60' right-of-way) a distance of 1,608.0 feet to the east line of Land Lot 1073; thence, South 013 7'04" East, along said East line ofLand Lot 1073, a distance of 310.00 feet to the southeast corner of Land Lot 1073 and THE POINT OF BEGINNING.

Said Tract containing 259.77 acres as shown on the Annexation Plat for the City of Roswell dated March 20,2007, by Bates-Long & Associates under seal and certification of Fred Wilson Long, Registered Georgia Land Surveyor Number 1685.

(2) OVERLOOK-LITCHFIELD HUNDRED-CHADWICK-McGAUGHEY: All that tract or parcel of land lying and being located in Land Lots 870, 871, 872, 929, 930,931,932,940,941,942,943,944,1000,1001,1002,1003,1004,1005,1012,1013, I017, 1018, and 1076 ofthe 2nd District, 2nd Section, Fulton County, Georgia, and being more particularly described as follows: BEGINNING at the northeast corner of Land Lot 1012, said corner being common with Land Lots 1004, 1005, 1012, and 1013; thence, in a northwesterly direction, along the existing Roswell City Limits the following courses and distances: South 6410'00" West a distance of 363.30 feet, North 11 00'00" West a distance of 310.00 feet, North 51 00'00" West a distance of 100.00 feet, North 7400'00" West a distance of270.00 feet, North 2830'00" East a distance of 325.00 feet, North 1600'00" West a distance of 390.00 feet, North 7500'00" East a distance of 180.00 feet, North 2700'00" East a distance of 120.00 feet, North 3400'00" West a distance of 80.00 feet, North 7000'00" West a distance of 180.00 feet, North 4200'00" West a distance of 650.00 feet, North 2330'00" West a distance of 510.97 feet to the centerline of Little River; thence, northeasterly along said centerline of Little River a distance of 7,860 feet, more or less, to a point on the southwest right-of-way of Arnold Mill Road (right-of-way varies); thence, southeasterly along the southwesterly right-of-way of Arnold Mill Road (right-of-way varies), a distance of 2,333.64 feet to the southeast right-of-way of Old Chadwick Lane (30' right-of-way) thence, southwesterly along said southeasterly right-of-way of Old Chadwick Lane (30' right-of-way) a distance of749.64 feet to the west line of Land Lot 929; thence, South 0019'58" East, along said west line of Land

4290

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Lot 929, a distance of 216.05 feet to the southwest corner of Land Lot 929, said corner being common with Land Lots 929, 930, 943, and 944; thence, South 8943.'32" East, along the south line of Land Lot 929, a distance of 897.87 feet to the southwesterly right-of-way ofArnold Mill Road (right-of-way varies); thence, southeasterly, along said southwesterly right-of-way of Arnold Mill Road (right-of-way varies) a distance of 425.12 feet to a point; thence, leaving said Arnold Mill Road right-of-way and running South 2609'42" West a distance of 42.0 I feet to a point; thence, South 51 27'43" West a distance of 539.10 feet to a point; thence, North 2847'18" West a distance of 165.15 feet to a point; thence, South 8741 '04" West a distance of 98.25 feet to a point; thence, South 4441 '58" West a distance of 168.00 feet to a point; thence, South 5055'57" East a distance of349.12 feet to a point; thence, South 6926'47" East a distance of246.98 feet to a point on the northwesterly right-of-way of Lackey Road (right-of-way varies), thence, South 51 44'13" East a distance of 50.00 feet to a point on the southeasterly right-of-way of Lackey Road (right-of-way varies); thence, 230 feet, more or less, southwesterly along the right-of-way of Lackey Road (right-of-way varies) to a point on the north line of Land Lot I 00 I; thence, leaving said right-of-way of Lackey Road and running North 8957'22" East, along said north line of Land Lot 1001, a distance of 536.52 feet to the northeast corner of Land Lot I 00 I, said corner being common with Land Lots 944, 945, I 000, and I 00 I; thence, South 00 19'32" East, along the east line of Land Lot I 00 I, a distance of I ,224.21 feet to a point on said land lot line; thence, leaving said land lot line, North 8952'00" East a distance of654.80 feet to a point; thence, North 8418'00" East a distance of 552.80 feet to a point; thence, North 8954'00" East a distance of 120.00 feet to a point on the west line of Land Lot 999; thence, South 0009'00" East, along said land lot line, a distance of 199.80 feet to the southwest corner of Land Lot 999, said corner being common with Land Lots 999, 1000, I 017, and 1018; thence, North 8934'00" East, along the south line of Land Lot 999, a distance of 334.90 feet; thence, leaving said land lot line, South !428'00" East a distance of 395.10 feet to a point on the northerly right-of-way of Sweet Apple Road (right-of-way varies); thence, southwesterly along the northwesterly right-of-way of Sweet Apple Road (right-of-way varies), a distance of 595.75 feet to a point on the centerline of a branch; thence, leaving the right-of-way of Sweet Apple road, running northwesterly I ,324 feet, more or less, along the centerline of said branch to a point on the west line of Land Lot I 0 I 7; thence, North 00 II '00" West, along the west line of Land Lot 1017, 528.80 feet to the northwest corner of Land Lot I017, said corner being common with Land Lots I000, I00 I, 1016, and 1017; North 8907'51" West, along the south line of Land Lots 1001 and 1002, 2,640.00 feet to the southwest corner of Land Lot 1002, said corner being common with Land Lots 1002, 1003, 1014, and 1015; thence, North 8952'48" West, along the south line of Land Lot 1003, a distance of 1,302.59 feet to the southwest corner of Land Lot 1003, said corner being common with Land Lots I003, 1004, 1013, and I014; South 0043'19" West, along the east line of Land Lot 1013 and part of the east line of Land Lot 1076, a distance of 1,570.73 feet to the northerly right-of-way of Lackey Road

GEORGIA LAWS 2007 SESSION

4291

(right-of-way varies); thence, South 0042'46" West, along the east line of Land Lot 1076, a distance of 1,088.79 feet to the southeast comer of Land Lot 1076, said corner being common with Land Lots 1075, 1076, 1085, and 1086; thence, North 8840'20" West, along the south line of Land Lot 1076 and Roswell City Limits, a distance of 660.47 feet to a point; thence, continuing along the south line of Land Lot I 076 and Roswell City Limits North 8841 '27" West, a distance of 656.72 feet to the southwest corner of Land Lot 1076, said comer being common with Land Lots 1076, 1077, 1084, and 1085; thence, North 0036'14" East, along the west line of Land Lot 1076 and Roswell City Limits, a distance of 1,325.86 feet to the northwest comer of said Land Lot 1076, said comer being common with Land Lots 1012, I 013, 1076, and 1077; thence, North 0043'17" East along the west line of Land Lot 1013, and Roswell City Limits, a distance of I ,301.98 feet to the northeast comer of Land Lot I 012 and the POINT OF BEGINNING.

Said Tract containing 579.27 acres as shown on the Annexation Plat for the City of Roswell dated March 19,2007, by Bates-Long & Associates under seal and certification of Fred Wilson Long, Registered Georgia Land Surveyor Number 1685.

(3) EBENEZER, COX, ARNOLD MILL, AND CAGLE ROAD AREA: All that tract or parcel of land lying and being located in Land Lots I091, I092, I093, 1139,1140,1141,1142,1162,1163,1164,1165, 1166,and1213ofthe2ndDistrict,2nd Section, Fulton County, Georgia and being more particularly described as follows: BEGINNING at the southwest comer of Land Lot 1142, said comer being common with Land Lots 1142, 1143, 1162, and 1163; thence, North 01 o 11 '29" West along the west line of Land Lot 1142, a distance of 818.25 feet to the southeast right-of-way of Cox road (right-of-way varies); thence, northeasterly along the southeast right-of-way ofCox Road (right-of-way varies) and crossing over Woodstream Court and Etris Road, a distance of 2,585.0 feet to a point; thence, South 0048'08" East a distance of865.47 feet to the south line of Land Lot 1092; thence, east along said south line of Land Lot 1092, a distance of 477.0 feet to the southeast comer of Land Lot I 092, said comer being common with Land Lot 1092, I093, 1140, and 1141; thence, north, along the east line of Land Lot 1092, a distance of550.0 feet; thence, south 8038'00" East a distance of97.2 feet; thence, North 0800'00" East a distance of 157.0 feet to a point located on the southwest right-of-way of Old Cemetery Road (right-of-way varies); thence, South 7221 '00" East, along said Old Cemetery Road (right-of-way varies) a distance of 140.3 feet to a point located on the southwesterly right-of-way of Arnold Mill Road (40' right-of-way); thence, southeasterly along said southwesterly right-of-way of Cox Road (40' right-of-way), a distance of 2,562 feet, more or less, to the northerly right-of-way of Cagle road (60' right-of-way); thence, westerly along the northerly right-of-way of Cagle Road (60' right-of-way) a distance of 198 feet, more or less, to the east line of Land Lot 1165; thence, south, along said east line of Land Lot 1165, a distance of 60.0 feet to the

4292

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

southerly right-of-way of Cagle Road (60' right-of-way); thence, westerly along said southerly right-of-way of Cagle Road (60' right-of-way) a distance of 2,368.60 feet; thence, South 3201 '11" East a distance of 688.80 feet; thence, South 01 35'43" East a distance of 735.00 feet to the south line of Land Lot 1164; thence, North 8950'43" West along said southerly line of Land Lot 1164, a distance of 223.01 feet to the centerline of a branch; thence, southwesterly along said centerline of branch, a distance of 623.06 feet to the easterly right-of-way ofEtris Road (60' right-of-way); thence, northerly along said easterly right-of-way of Etris Road (60' right-of-way) a distance of I ,808 feet, more or less, to the north line of Land Lot 1164; thence, westerly along said north line of Land Lot 1164 and north line of Land Lot 1163, a distance of 788.11 feet to a point; thence, South 3507'08" West a distance of957.30 feetto a point located on the east line of Land Lot 1162; thence, South 3850'47" West a distance of200.73 feet, North 01 !1 '49" West a distance of96.97 feet, North 7835'00" West a distance of 48.00 feet, North 6515'00" West a distance of 20.00 feet, North 5744'00" West a distance of 70.00 feet, North 3935'00" West a distance of 85.00 feet, North 7710'00" West a distance of30.00 feet, North 0131'40" West a distance of 57.63 feet, South 7616'38" West a distance of 184.55 feet, South 81 o 15'52" West a distance of 230.95 feet to a point located on the westerly right-of-way of King Road (60' right-of-way); thence, North 0354'35" East, along said westerly right-of-way of King Road a distance of36.50 feet to a point; thence, North 8115'52" East a distance of 235.27 feet to a point; thence, 7616'38" East a distance of 526.69 feet to a point located on the east line of Land Lot 1162; thence, North 0030'38" East, along said east line of Land Lot 1162, a distance of 532.99 feet to the southwest corner of Land Lot 1142 and the POINT OF BEGINNING.

Said Tract containing 178.76 acres as shown on the Annexation Plat for the City of Roswell dated March 19,2007, by Bates-Long & Associates under seal and certification of Fred Wilson Long, Registered Georgia Land Surveyor Number 1685.

(4) FOXHALL AREA: All that tract or parcel ofland lying and being located in Land Lots 93 7, 938, I 007, 1008, 1009, 1010, 1079, 1080, 1081, and I 082 of the 2nd District, 2nd Section, Fulton County, Georgia and being more particularly described as follows: BEGINNING at a point at the intersection of the of the southerly right-of-way of Cox Road (50' right-of-way) with the west line of Land Lot 1081; thence, North 0351 '33" East, along said west line of Land Lot 1081 and the west line of Land Lot I 080, a distance of 878.41 feet to a point; thence, continuing along the west line of Land Lot 1080 and the west line of Land Lots 1009, 1008, and 93 7, North 0005' 15" East a distance of 3709.59 feet to the centerline of Little River; thence, easterly along said centerline of Little River a distance of 3,020' to the existing Roswell City Limits; thence, South 1206' West, along said existing Roswell City Limits, a distance of 546.0' to the centerline of a branch; thence, southwesterly along said centerline of a branch and

GEORGIA LAWS 2007 SESSION

4293

the existing Roswell City Limits, a distance of 11 72' to a point located on the south line ofLand Lot 1007; thence, North 8834' West, along said south line of Land Lot 1007 and the existing Roswell City Limits, a distance of 344.3 feet to the easterly right-of-way of Lum Crow Road (60' right-of-way); thence, southerly along said easterly right-of-way of Lum Crow Road (60' right-of-way) and the existing Roswell City Limits, a distance of 3,090.4 feet to the intersection with the northwesterly right-of-way of Lackey Road (60' right-of-way); thence, southwesterly along the southeasterly right-of-way of Lum Crow Road and the existing Roswell City Limits a distance of 100.0 feet to the southwesterly right-of-way of Cox Road (50' right-of-way); thence, in a westerly direction along the southerly right-of-way of Cox Road (50' right-of-way) and the existing Roswell City Limits, a distance of2550.0 feet to a point located on the west line of Land Lot 1081 and the POINT OF BEGINNING.

'Said Tract containing 237.57 acres as shown on the Annexation Plat for the City of Roswell dated November 20, 2006, by Bates-Long & Associates under seal and certification of Fred Wilson Long, Registered Georgia Land Surveyor Number 1685.

(5) KENT ROAD PROPERTY: All that tract or parcel of land lying and being located in Land Lot 1234 of the 2nd District, 2nd Section, Fulton County, Georgia and being more particularly described as follows: BEGINNING at a point located on the southerly right-of-way ofKent Road (right-of-way varies), 149.86 feet westerly from the intersection of said southerly right-of-way of Kent Road (right-of-way varies) with the east line of Land Lot 1234; thence, westerly along the southerly right-of-way of Kent Road (right-of-way varies) and the existing Roswell City Limits the following courses and distances: North 8616'00" West a distance of 180.10 feet, North 8313'00" West a distance of 101.06 feet, North 8146'07" West a distance of 67.13 feet, North 81 48'13" West a distance of 33.47 feet, North 7826'00" West a distance of 101.52 feet, North 7439'00" West a distance of 86.61 feet, North 01 20'30" East a distance of 10.62 feet, North 6855'39" West a distance of 107.03 feet to a point; thence, North 0433'00" West a distance of 730.76 feet to the north line of Land Lot 1234; thence, North 8848'00" East, along the north line of Land Lot 1234 and the existing Roswell City Limits, a distance of 702.84 feet to a point; thence, South 01 09'00" East, along the existing Roswell City Limits, a distance of 873.78 feet to a point located on the southerly right-of-way of Kent Road (right-of-way varies) and the POINT OF BEGINNING.

Said Tract containing 12.86 acres as shown on the Annexation Plat for the City of Roswell dated November 28, 2006, by Bates-Long & Associates under seal and certification of Fred Wilson Long, Registered Georgia Land Surveyor Number 1685.

4294

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(6) KING CIRCLE: All that tract or parcel ofland lying and being located in Land Lots 1232 and 1233 of the 2nd District, 2nd Section, Fulton County, Georgia and being more particularly described as follows: TO FIND THE TRUE POINT OF BEGINNING commence at the northwest corner of Land Lot 1232, said corner being common with Land Lots 1217, 1218, 1231, and 1232; thence, south along the west line of Land Lot 1232 a distance of 412.28 feet to a point and the TRUE POINT OF BEGINNING; thence, South 8705'09" East a distance of 1117.66 feet to a point on the northwesterly right-of-way of King Circle (right-of-way varies); thence, southeasterly along said right-of-way ofKing Circle (right-of-way varies) the following courses and distances: South 1525'08" East a distance of 163.65 feet, South 1557' 18" East a distance of 53.05 feet, South 19 13' 13" East a distance of 54.00 feet, South 2241 '40" East a distance of 53.40 feet, South 2600'24" East a distance of 197.03 feet, South 2257'01" East a distance of 24.75 feet; thence, leaving said right-of-way of King Circle (right-of-way varies) and running North 8707'59" West a distance of 1335.40 feet to a point on the west line of Land Lot 1232 and Roswell City Limits; thence, continuing along the west line of Land Lot 1232 and Roswell City Limits North 0252'01" East a distance of 499.58 feet to a point located on the west line of Land Lot 1232 and the TRUE POINT OF BEGINNING.

Said Tract containing 13.91 acres as shown on the Annexation Plat for the City of Roswell dated December 13, 2006, by Bates-Long & Associates under seal and certification of Fred Wilson Long, Registered Georgia Land Surveyor Number 1685.

(7) KING ROAD PROPERTY: All that tract or parcel ofland lying and being located in Land Lots 1233 and 1288 of the 2nd District, 2nd Section, Fulton County, Georgia and being more particularly described as follows: BEGINNING at a point located at the intersection ofthe south line of Land Lot 1233 with the northwesterly right-of-way ofKing Road (60' right-of-way); thence, South 2428'12" West, along said northwesterly right-of-way ofKing Road (60' right-of-way) and existing Roswell City Limits, a distance of29.92 feet; thence, North 4510'00" West a distance of 327.69 feet to a point; thence, North 0608'00" East a distance of 185.86 feet to a point; thence, North 1903'00" East a distance of 333.70 feet to a point; thence, South 8230'30" East a distance of93.65 feet to a point; thence, South 5603'1 0" East a distance of 485.34 feet to a point located on the southeasterly right-of-way of King Road (60' right-of-way); thence, southwesterly along said southeasterly right-of-way of King road (60' right-of-way) and the existing Roswell City Limits the following courses and distances: South 3831'10" West a distance of 184.06 feet, South 3724'30' West a distance of218.51 feet, along the arc of a curve to the left an arc distance of 121.49 feet, said arc having a radius of 763.78 feet and a chord distance of 121.36 feet with a chord

GEORGIA LAWS 2007 SESSION

4295

bearing of South 3202'36" West to a point located on the south line of Land Lot 1233; thence, South 8943'00" West along said south line of Land Lot 1233 and the existing Roswell City Limits, a distance of 67.70 feet to a point located on the northwesterly right-of-way of King Road (60' right-of-way) and the POINT OF BEGINNING.

Said Tract containing 6.11 acres as shown on the Annexation Plat for the City of Roswell dated November 29, 2006, by Bates-Long & Associates under seal and certification of Fred Wilson Long, Registered Georgia Land Surveyor Number 1685.

(8) COX ROAD AREA: All that tract or parcel ofland lying and being located in Land Lots 1145 and 1160 of the 2nd District, 2nd Section, Fulton County, Georgia and being more particularly described as follows: BEGINNING at a point located on the southerly right-of-way of Cox Road (50' right-of-way), said point located 679.29 feet west ofthe intersection ofsaid southerly right-of-way of Cox Road (50' right-of-way) with the east line of Land Lot 1160; thence, South 0544'19" West a distance of 404.23 feet to a point; thence, North 8723 '11" West a distance of 49.99 feet to a point; thence, South 42 18'05" West a distance of 90.45 feet to a point; thence, along the existing Roswell City Limits the following courses and distances: South 5154'58" West a distance of 163.01 feet, North 0959'43" West a distance of 134.27 feet, North 4032'12" West a distance of61.52 feet, South 6433'18" West a distance of 199.83 feet, North 2029'18" West a distance of249.26 feet, North 0 I o 16'57" East a distance of 322.99 feet to a point located on the southerly right of Cox Road (50' right-of-way); thence, easterly, along said southerly right-of-way Cox Road (50' right-of-way) and the existing Roswell City Limits the following courses and distances: South 81 02'39" East a distance of292.09 feet, South 81 37'06" East a distance of 57.04 feet, South 8228'04" East a distance of 57.04 feet, South 8317'57" East a distance of 89.62 feet, South 8408'31" East a distance of 56.96 feet, South 8517'17" East a distance of 56.31 feet to a point and the POINT OF BEGINNING.

Said Tract containing 6.42 acres as shown on the Annexation Plat for the City of Roswell dated December 14, 2006, by Bates-Long & Associates under seal and certification of Fred Wilson Long, Registered Georgia Land Surveyor Number 1685:

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 2007 session of the General Assembly of Georgia a bill to amend an Act to reincorporate the City of Roswell in Fulton

4296

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

County, Georgia, approved April 19, 2000 (Ga. L. 2000, p. 3844), as amended, so as to change the corporate limits; to provide for related matters; to repeal conflicting laws; and for other purposes.

This 22 day of March, 2007.

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 Daily Report which is the official organ of Fulton County on March 28, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

s/ JAN JONES Jan Jones Representative, District 46

Sworn to and subscribed before me, this 29th day of March 2007.

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

Approved May 29,2007.

GEORGIA LAWS 2007 SESSION
CITY OF MILTON- CITY OF MILTON PARKS AND RECREATION AUTHORITY; CREATION.

4297

No. 315 (House Bill No. 813).

AN ACT

To create the City of Milton Parks and Recreation Authority; to authorize such authority to acquire, construct, equip, maintain, and operate or contract for services to provide athletic and recreational centers, facilities, and areas, including, but not limited to, playgrounds, parks, hiking, camping, and picnicking areas and facilities, swimming and wading pools, lakes, tennis courts, athletic fields and courts, clubhouses, gymnasiums, auditoriums, youth centers, senior citizen centers, stadiums, performing arts centers, cultural centers, related buildings, golf courses, and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities; to acquire parking facilities and parking areas in connection therewith; to acquire the necessary property therefor, both real and personal, and to lease or sell any or all of such facilities, including real property; to confer powers and to impose duties on the authority, the determination of which shall be in the sole discretion of the mayor and city council; to provide for the membership and for the appointment of members of the authority; to authorize the authority to contract with others pertaining to such recreational facilities, including the authority to contract for services to operate any facility or portion thereof, to execute leases of such facilities, to convey title to real property of the authority in fee simple, and to do all things deemed necessary or convenient for the operation of such undertakings; to authorize the authority and other political subdivisions to enter into contracts pertaining to uses of such facilities for the term thereof and to pledge to that purpose revenues derived from taxation; to provide that no debt of Fulton County or the City of Milton or other political subdivisions, within the meaning of Article IX, Section III, Paragraph I of the Constitution of the State of Georgia, shall be incurred by exercise of the powers granted; to authorize the issuance of revenue bonds or obligations of the authority; to authorize the collection and pledging of the revenues and earnings of the authority for the payment of such bonds or obligations and to secure the payment thereof; to define the rights of the holders of such bonds or obligations; to make the property of the authority exempt from taxation and assessment; to grant the authority and its members certain immunities; to authorize the issuance of refunding bonds or obligations; to fix the venue or jurisdiction of actions; to provide that bonds be validated as authorized by Article 3 of Chapter 82 of Title 36 of the O.C.G .A., the "Revenue Bond Law"; to provide for construction; to provide for personnel; to provide for conveyance of property upon dissolution; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

4298

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 1. This Act shall be known and may be cited as the "City of Milton Parks and Recreation Authority Act."

SECTION 2. (a) There is created a body corporate and politic to be known as the City of Milton Parks and Recreation Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation. By that name, style, and title, said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity, except that the authority or the trustee acting under the trust indenture shall in no event be liable for any torts committed by any of the officers, agents, and employees. The authority shall not be a state institution nor a department or agency of the state but shall be an instrumentality of the state, a mere creation of the state, having a distinct corporate entity and being exempt from the provisions of Article 2 of Chapter 17 of Title 50 of the O.C.G.A., the "Georgia State Financing and Investment Commission Act." The authority shall have its principal office in the City of Milton and its legal situs for the purposes of this Act shall be Fulton County. The authority is granted the same exemptions and exclusions from taxes as are now granted to cities and counties for the operation of facilities similar to facilities to be operated by the authority as provided under the provisions of this Act. (b) The authority shall consist ofseven members who shall be residents ofthe City ofMilton and who shall be appointed as provided in this subsection. The mayor and each member of the city council shall appoint a member to the authority. The member appointed by the mayor may reside anywhere within the corporate limits of the city, but a member appointed by a councilmember shall reside in such councilmember's district. The members of the authority shall serve terms of office concurrent with the term of the persons who appointed them and until a successor is appointed and qualified. (c) Any member of the authority may be selected and appointed to succeed himself or herself. Immediately after such appointments, the members of such authority shall enter upon their duties. (d) Any vacancy on the authority shall be filled in the same manner as was the original appointment of the member whose termination of membership resulted in such vacancy, and the person so selected and appointed shall serve for the remainder of the unexpired term and until a successor is appointed and qualified. (e) The authority shall elect one of its members as chairperson and one of its members as vice chairperson. The clerk of the City of Milton shall be the secretary and treasurer. Said clerk shall not be a member of the authority. (f) Three members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority.

GEORGIA LAWS 2007 SESSION

4299

(g) The members of the authority shall be reimbursed for all actual expenses incurred in the performance of their official duties out of funds of the authority. (h) The authority shall make rules and regulations for its own government. It shall have perpetual existence. (i) Any member of the authority may be removed from office by the mayor and city council for failure to perform his or her duties as a member of the authority. Such failure shall include without limitation absence from three consecutive meetings of the authority, unless excused by reasonable grounds as determined by the mayor and city council. Any office so vacated shall be filled within 60 days by appointment as provided in subsection (d) of this section. The new appointee shall serve the remainder of the unexpired term to which he or she is appointed and until a successor is appointed and qualified.

SECTION 3. (a) As used in this Act, the term:
(1) "Authority" shall mean the City of Milton Parks and Recreation Authority created in Section 2 of this Act. (2) "Cost of the project" shall embrace the cost of acquisition and construction; the cost of all lands, properties, rights, easements, and franchises acquired and the cost of all conveyances in fee simple of the authority's title thereto and leases thereof; the cost of all machinery and equipment and financing charges and interest prior to and during construction and for one year after construction; the cost of engineering, architectural, fiscal, and legal expenses necessary or incident to determining the feasibility or practicability of the project; administrative expenses and such other expenses as may be necessary or incident to the financing authorized by this Act; and the cost of the acquisition and construction of any project and the placing of the same in operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the costs of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such projects. (3) "Mayor" shall mean the mayor of the City of Milton. (4) "Project" shall be deemed to mean and include the acquisition, construction, equipping, maintenance, and operation of athletic and recreation centers, facilities, and areas, including, but not limited to, playgrounds, parks, hiking, camping, and picnicking areas and facilities, swimming and wading pools, lakes, tennis courts, athletic fields and courts, clubhouses, gymnasiums, auditoriums, youth centers, senior citizen centers, stadiums, museums, related buildings, golf courses, and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities; the acquisition of parking facilities or parking areas in connection therewith; the acquisition ofthe property necessary therefor, both real and personal, and the lease and sale ofany part or all of such facilities, including real or personal property, so as to assure the efficient and proper development, maintenance, and operation of such recreational facilities and areas deemed by the authority to be necessary, convenient, or desirable.

4300

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(5) "Revenue bonds," "bonds," and "obligations" mean revenue bonds as defined and provided for in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," and such type of obligations may be issued by the authority as authorized under the "Revenue Bond Law" and any amendments thereto and, in addition, shall mean obligations of the authority, the issuance of which are specifically provided for in this Act. (b) Any project shall be deemed "self-liquidating" if, in the judgment of the authority, the revenues and earnings to be derived by the authority therefrom, including the anticipated revenues and earnings from the lease of any project, and all properties used, leased, and sold in connection therewith will be sufficient to pay the cost ofacquiring, operating, maintaining, repairing, improving, and extending the project and to pay the principal ofand interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects.

SECTION 4. (a) The authority shall have the following powers:
(1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, real property or rights or easements therein or franchises necessary or convenient for its corporate purposes, to use the same so long as its corporate existence shall continue, to lease or make contracts with respect to the use of the same, or to dispose of the same in any manner it deems to the best advantage ofthe authority. If the authority shall deem it expedient to construct any project on any lands, the title to which shall then be in the State of Georgia, the Governor is authorized to convey for and in behalf of the state title to such lands to the authority upon payment to the State of Georgia for the credit of the general fund of the state of the reasonable value of such lands upon the receipt of such lawful consideration as may be determined by the parties to such conveyance. If the authority shall deem it expedient to acquire and construct any project on any lands, the title to which shall be in the name ofthe City ofMilton, Fulton County, or any municipality incorporated in said county, the governing authority or body of said municipalities is authorized to convey title to such lands to the authority upon the receipt of such lawful consideration as may be determined by the parties to such conveyances or upon payment for the credit of the general funds of such county or municipalities of the reasonable value of such lands, such value to be determined by mutual consent of such county or municipality and the authority or by an appraiser to be agreed upon by the governing authority or body of such county or municipality and the chairperson of the authority; (4) To appoint, select, and employ officers, agents, and employees, including engineers, architectural and construction experts, fiscal agents, and attorneys, and fix their respective compensation;

GEORGIA LAWS 2007 SESSION

4301

(5) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for the acquisition and construction of projects and leases of projects or contracts with respect to the use of projects which the authority causes to be erected or acquired, including contracts for acquiring, constructing, renting, and leasing of its projects for the use of Fulton County or any municipality in Fulton County, and to dispose by conveyance of its title in fee simple of real and personal property of every kind and character; any and all persons, firms, and corporations and the state and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable; and, without limiting the generality of the above, authorization is specifically granted to municipal corporations and counties and to the authority to enter into contracts and lease and sublease agreements with the State of Georgia or any agencies or departments thereof relative to parks and recreation centers, areas, and facilities and relative to any property which such department or agency of the State of Georgia has now or may hereafter obtain by lease from the United States government or any agency or department thereof, and the authority is specifically authorized to convey title in fee simple to any and all of its lands and any improvements thereon to any persons, firms, corporations, municipalities, or the State of Georgia or the United States government, or any agencies or departments thereof, subject to the rights and interest of the holders of any of the bonds or obligations authorized to be issued pursuant to this Act and by the resolution or trust indenture of the authority authorizing the issuance of any of its bonds or obligations as provided in this Act; (6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as defined in this Act, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds or other funds of the authority or from such proceeds or other funds and any grant from the United States of America and any agency or instrumentality thereof; (7) To accept loans, gifts, and grants of money, materials, or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality thereof may impose; (8) To accept loans, gifts, and grants of money, materials, or property of any kind from the State of Georgia or any agency, instrumentality, or political subdivision thereof, upon such terms and conditions as the State of Georgia or such agency, instrumentality, or political subdivision thereof may impose; (9) To borrow money for any of its corporate purposes, to execute evidence of such indebtedness, to secure the same, to issue negotiable revenue bonds payable solely from the funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; (10) To exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the Constitution and laws of this state;

4302

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(11) To borrow money for any of its corporate purposes from any banks or other lending institutions and to execute evidence of such indebtedness and to secure the same by assigning all rights to and pledging all funds to be received by the authority from a lease or leases entered into by the authority as the lessor; (12) To do all things necessary or convenient to carry out the powers expressly given in this Act; and (13) To make recommendations to the mayor and city council of Milton on land acquisitions, facilities, development, and other matters relating to the provisions of recreation and recreational opportunities to the citizens of Milton. (b) The authority and the trustee acting under a trust indenture are specifically authorized from time to time to sell, lease, grant, exchange, or otherwise dispose of any surplus property, both real and personal, or interest therein not required in the normal operation of the authority and usable in the furtherance ofthe purpose for which the authority was created.

SECTION 5. The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created by this Act, shall have power and is authorized at one time or from time to time to provide by resolution for the issuance of negotiable revenue bonds 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 for in this Act for such payment. The bonds of each issue shall be dated and shall bear interest at such rate or rates as determined by the authority, payable on such dates as determined by the authority. The bonds shall be payable in such medium of payment as to both principal and interest as may be determined by the authority and may be made redeemable before maturity at the option of the authority at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds. Such revenue bonds or obligations shall be issued pursuant to and in conformity with the "Revenue Bond Law," and all procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in the "Revenue Bond Law" and any amendments thereto.

SECTION 6. All revenue bonds issued under the provisions of this Act are declared to be issued for an essential public and governmental purpose, and such bonds and the income thereof shall be exempt from all taxation by the state.

SECTION 7. The authority may sell such revenue bonds in such manner and for such prices as it may determine to be for the best interest of the authority, and the proceeds derived from the sale of such bonds shall be used solely for the purpose provided in the proceedings authorizing the issuance of such bonds.

GEORGIA LAWS 2007 SESSION

4303

SECTION 8. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by the "Revenue Bond Law." Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular, special, or adjourned meeting of the authority by a majority of its members, subject to the provisions of Chapter 14 of Title 50 of the O.C.G.A., governing open and public meetings.

SECTION 9. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the State of Georgia or of the City of Milton or a pledge of the faith and credit thereof; but such bonds shall be payable solely from the rentals, revenues, earnings, and funds ofthe authority as provided in the resolution or trust indenture authorizing the issuance and securing the payment of such bonds. The issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the state or any political subdivision thereof, specifically such city, to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. However, the City of Milton or any political subdivision of the state contracting with the authority may obligate itself to pay the amounts required under any contract entered into with the authority from funds received from taxes to be levied and collected for that purpose to the extent necessary to pay the obligations contractually incurred under this section and from any other source; and the obligation to make such payments shall constitute a general obligation and a pledge of the full faith and credit of the obligor but shall not constitute a debt of the obligor within the meaning of Article IX, Section V, Paragraph I of the Constitution of the State of Georgia. When such obligation is made to make such payments from taxes to be levied for that purpose, then the obligation shall be mandatory to levy and collect such taxes from year to year in an amount sufficient to fulfill and fully comply with the terms of such obligation.

SECTION 10. The revenues, rents, and earnings derived from any particular project or projects and any and all revenues, rents, and earnings received by the authority, regardless of whether such revenues, rents, and earnings were produced by a particular project for which bonds have been issued, unless otherwise pledged, may be pledged by the authority to the payment of the principal of and interest on revenue bonds of the authority as may be provided in any resolution authorizing the issuance of such bonds or in any trust indenture pertaining to such bonds. Such funds so pledged from whatever source received, which may include funds received from one or more or all sources, may be set aside at regular intervals into sinking

4304

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

funds for which provision may be made in any such resolution or trust indenture and which may be pledged to and charged with the payment of:
( 1) The interest upon such revenue bonds as such interest shall become due; (2) The principal of the bonds as the same shall mature; (3) The necessary charges ofany trustee or agent ofpaying such principal and interest; and (4) Any premium upon bonds retired by call or purchase. The use and disposition of any sinking fund may be subject to such regulation as may be provided for in the resolution authorizing the issuance of the bonds or in the trust indenture securing the payment of the same.

SECTION 11. The exercise of the powers conferred upon the authority in this Act shall constitute an essential governmental function for a public purpose, and the authority shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation and maintenance of property acquired by it or of buildings erected or acquired by it or any fees, rentals, or other charges for the use of such property or buildings or other income received by the authority. The tax exemption provided in this Act shall not include an exemption from sales and use tax on property purchased by or for the use of the authority.

SECTION 12. The authority shall have the same immunity and exemptions from liability for torts and negligence as the State of Georgia and the officers, agents, and employees of the authority, when in performance of work of the authority, shall have the same immunity from liability for torts and negligence as officers, agents, and employees of the State of Georgia. The authority may be sued the same as private corporations on any contractual obligation of the authority.

SECTION 13. 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 Fulton County and any action pertaining to the validation of any bonds issued under the provisions of this Act shall likewise be brought in that court which shall have exclusive original jurisdiction of such actions.

SECTION 14. Bonds issued by the authority shall be confirmed and validated in accordance with the procedures of the "Revenue Bond Law." The petition for validation shall also make party defendant to such action the State of Georgia or any municipality, county, authority, political subdivision, or instrumentality of the State of Georgia or the United States government or any department or agency of the United States government, if subject to being sued and if

GEORGIA LAWS 2007 SESSION

4305

consenting to same, which has contracted with the authority for the services and facilities of the project for which bonds are to be issued and sought to be validated, and the state or such municipality, county, authority, political subdivision, or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts be adjudicated as part of the basis of the security for the payment of any such bonds of the authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such bonds and the security for the payment thereof and interest thereon and against the authority issuing the same, the state and any municipality, county, authority, political subdivision, or instrumentality, if a party to the validation proceedings, contracting with the authority.

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

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

SECTION 17. The City of Milton Parks and Recreation Authority is authorized to appoint, select, and employ officers, agents, and employees and adopt rules and regulations governing their services and fix their respective compensations and terms of employment.

SECTION 18. This Act and any other law enacted with reference to the City of Milton Parks and Recreation Authority shall be liberally construed for the accomplishment of the purposes of the authority.

4306

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 19. Should the authority for any reason be dissolved after full payment of all bonded indebtedness incurred under the provisions of this Act, both as to principal and interest, title to all property of any kind and nature, real and personal, held by the authority at the time of such dissolution shall be conveyed to the City of Milton; or title to any such property may be conveyed prior to such dissolution in accordance with provisions which may be made therefor in any resolution or trust indenture relating to such property, subject to any liens, leases, or other encumbrances outstanding against or in respect to said property at the time of such c,onveyance.

SECTION 20. All laws and parts of laws in conflict with this Act are repealed.

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to create the City of Milton Parks and Recreation Authority; to authorize such authority to acquire, construct, equip, maintain, and operate or contract for services to provide athletic and recreational centers, facilities, and areas, including, but not limited to, playgrounds, parks, hiking, camping, and picnicking areas and facilities, swimming and wading pools, lakes, tennis courts, athletic fields and courts, clubhouses, gymnasiums, auditoriums, youth centers, senior citizen centers, stadiums, performing arts centers, cultural centers, related buildings, golf courses, and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities; to acquire parking facilities and parking areas in connection therewith; to acquire the necessary property therefor, both real and personal, and to lease or sell any or all of such facilities, including real property; to repeal conflicting laws; and for other purposes.
This 21st day of March, 2007.
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 Daily Report which is the official organ of Fulton County on March 26, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

GEORGIA LAWS 2007 SESSION
s/ JAN JONES Jan Jones Representative, District 46
Sworn to and subscribed before me, this 29th day of March 2007.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 29,2007.

4307

COBB COUNTY- COBB COUNTY COMMISSION ON CHILDREN AND YOUTH; RE-CREATION.
No. 316 (House Bill No. 814).
AN ACT
To amend an Act creating the Cobb County Commission on Children andYouth, approved February 24, 1988 (Ga. L. 1988, p. 3569), as amended particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3672), so as to re-create the Cobb County Commission on Children and Youth; to provide for the manner of appointment of members; to provide for duties and powers; to authorize the commission to receive and expend funds; to provide for all related matters; to provide for an annual report; to allow the commission to qualify for treatment under the Internal Revenue Code as a tax exempt organization; to provide for a termination date; 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 Cobb County Commission on Children and Youth, approved February 24, 1988 (Ga. L. 1988, p. 3569), as amended particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3672), is amended by revising Sections 1 through 12 as follows:

4308

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

"SECTION 1. (a) The Cobb County Commission on Children and Youth is re-created. The commission shall be composed as follows:
(1) Each member of the Cobb County State House and State Senate delegation shall appoint one member to the commission. Each commission member appointed pursuant to this paragraph shall reside in the respective district of the State House Representative or State Senator who appointed such commission member; (2) Six members to be appointed by the Board of Commissioners of Cobb County, three of whom shall reside in Commission Districts 2 and 3 who shall be appointed by members of the board who represent such districts and three of whom shall reside in Commission Districts I and 4 who shall be appointed by members of the board who represent such districts; and (3) Seven members to be appointed by the judiciary of the Cobb County courts, including the superior court, the state court, the magistrate court, the juvenile court, and the probate court. Appointments to the Cobb County Commission on Children and Youth shall include at least one member from each of the following fields or professions: ( 1) Law enforcement; (2) Child welfare; (3) Medical; (4) The judiciary; (5) Education; and (6) The business and civic community. (b) All appointments to the commission shall be made within 30 days after the effective date of this Act. All persons appointed to serve on the Cobb County Commission on Children and Youth shall be residents of said county. If a member of the commission moves his or her residence from the county, that member's position shall immediately become vacant and shall be filled in the same manner as the initial appointment.

SECTION 2. The commission shall undertake a study of the needs, issues, and problems relating to children and youth in Cobb County. The commission may meet at such times and places as it deems necessary to perform its duties and accomplish the goals and purposes of this resolution. The members of the commission shall elect a chairperson and such other officers as it deems necessary from its membership at the organizational meeting. The commission may adopt such rules or procedures as it finds necessary or desirable for the governance of its operations. The members of the commission shall serve without compensation or reimbursement for expenses from public funds.

GEORGIA LAWS 2007 SESSION

4309

SECTION 3. The commission is authorized to receive, accept, and expend funds from public or private sources for programs to benefit the children and youth of Cobb County. The commission is authorized to expend such funds to employ an administrative assistant or a coordinator, or both, who shall not be a member of the commission, for such programs. The salary of such employee or employees shall be set by the commission.

SECTION 4. The commission shall make an annual report on July I of each year of its findings and recommendations to the members of the Cobb County legislative delegation, the Board of Commissioners of Cobb County, and the judicial officers of Cobb County.

SECTION 5. The commission shall be a corporate body specially created by this Act of the General Assembly. The commission shall not exercise any governmental powers. The purposes for which the commission is organized are exclusively charitable and educational within the meaning of Section 50l(c)(3) of the Internal Revenue Code or the corresponding provisions of any future Internal Revenue Code and are, as stated in Sections 2 and 3 of this Act, to conduct and carry on other such activities as are compatible with the principal purpose and goal of the commission and to conduct all said business as principal, agent, or otherwise as permitted by Georgia law.

SECTION 6. No part of the net earnings, revenues, or other funds of the commission shall inure to the benefit of or be distributable to the commission's members or other private persons with the exception that the commission shall be authorized and empowered to pay such reasonable compensation for services rendered to it by its employees and other private persons in furtherance of the purposes of the commission, as authorized by the board of directors.

SECTION 7. No substantial part ofthe activities ofthe commission shall be the carrying on ofpropaganda, or otherwise attempting to influence legislation, and the commission shall not participate in, or intervene in (including the publishing or distribution of statements), any political campaign on behalf of or in opposition to any candidate for public office.

SECTION 8. Notwithstanding any other provisions of this Act, the commission shall not carry on any other activities not permitted to be carried on by an organization exempt from federal income tax under Section 50 I (c)(3) of the Internal Revenue Code or any corresponding section of any future Internal Revenue Code or by an organization, contributions to which are

4310

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

deductible under Section 170(c)(2) of the Internal Revenue Code or any corresponding section of any future Internal Revenue Code.

SECTION 9. In the event of dissolution, the residual assets of the commission shall be turned over to one or more organizations which themselves are exempt as organizations described in Sections 501 (c)(3) and 170(c)(2) of the Internal Revenue Code or corresponding sections of any future Internal Revenue Code or to the federal, state, or local government for exclusively public purposes. The residual assets of the predecessor commission abolished as of February 1, 2008, may be transferred to the commission re-created by this Act.

SECTION 10. The commission is organized pursuant to the provisions of Section 501 (c)(3) of the Internal Revenue Code, as now or hereafter amended, and shall have and enjoy all the rights and privileges herein set out, and such other additional powers and privileges as may be necessary, proper, or incidental to the pursuit of the purposes for which the commission was created.

SECTION 11. The commission shall stand abolished July I, 2014.

SECTION 12. All laws and parts of laws in conflict with this Act are repealed."

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 OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to amend an Act creating the Cobb County Commission on Children and Youth, approved February 24, 1988 (Ga. L. 1988, p. 3569), as amended particularly by an Act approved May 30,2003 (Ga. L. 2003, p. 3692); and for other purposes. This 27th day of March 2007.
R. Steve Tumlin, Jr. Cobb Delegation Chairman, 38th District

GEORGIA LAWS 2007 SESSION GEORGIA, FULTON COUNTY

4311

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 March 30, 2007, 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 30th day of March 2007.

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

Approved May 29, 2007.

COBB COUNTY-MARIETTA WATER AUTHORITY- COMPENSATION.
No. 317 (House Bill No. 819).
AN ACT
To amend an Act creating the Cobb County-Marietta Water Authority, approved February 21, 1951 (Ga. L. 1951, p. 497), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4711 ), so as to provide for a pay increase for the members and chairperson of the Cobb County-Marietta Water Authority; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

4312

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 1. An Act creating the Cobb County-Marietta Water Authority, approved February 21, 1951 (Ga. L. 1951, p. 497), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4711 ), is amended by revising subsection (e) of Section 2 as follows:
"(e) The members of the authority shall each be entitled to compensation for their services at the rate of $4,800.00 per year, payable monthly, except that the chairman shall be entitled to compensation for the chairman's services at the rate of $6,000.00 per year, payable monthly. All such compensation payable by the authority shall be in addition to any compensation otherwise payable to any member of the authority by any municipality or county by virtue of any municipal or county elective office held by such member. All members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. No reimbursement or payment shall be made by the authority for travel, meal, or entertainment expenses for members of the authority unless on each occasion the incurring of such expenses for the same is approved in advance by the authority at one of its public meetings. The authority shall make rules and regulations for its own government. It shall have perpetual existence."

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to amend an Act creating the Cobb County-Marietta Water Authority, approved February 21, 1951 (Ga. L. 1951, p. 497), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4711 ); and for other purposes
This 22nd day of March 2007. R. Steve Tumlin, Jr.
Cobb Delegation Chairman
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Matt Dollar, who on oath deposes and says that he is the Representative from District 45 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County on March 30, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

GEORGIA LAWS 2007 SESSION
sf MATT DOLLAR Matt Dollar Representative, District 45
Sworn to and subscribed before me, this lOth day of April, 2007.
sf SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18,2009 (SEAL)
Approved May 29,2007.

4313

CITY OF WARNER ROBINS- DISPOSITION OF REAL PROPERTY.
No. 318 (House Bill No. 824).
AN ACT
To amend an Act providing a new charter for the City of Warner Robins, approved March 7, 1978 (Ga. L. 1978, p. 3081), as amended, so as to change provisions relating to disposition of real property by the city; to expressly authorize the disposition of certain property; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing a new charter for the City of Warner Robins, approved March 7, 1978 (Ga. L. 1978, p. 3081), as amended, is amended by adding a new Section 1-103.1 to read as follows:
"SECTION 1-103.1. Disposition of certain property. Without limiting the generality of the other sections of this charter, the city is expressly authorized to dispose of any real property acquired by the city prior to January 1, 2007, under one or more deeds which by their terms contemplate that such property shall be used for public parking purposes. It is the intention of this section, among other things, to divest any public dedication of such property to such use, if the governing authority of the city determines that the public benefit of the use of the property after the city's disposition of

4314

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

the property will be equal to or greater than the public benefit derived from the city's provision of the property for public parking purposes. Any such disposition may be by private or public sale or intergovernmental contract and shall be on such terms and conditions as may be determined by the municipal governing authority.'

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Warner Robins, approved March 7, 1978 (Ga. L. 1978, p. 3081 ), as amended; to provide for related matters; and for other purposes.
This 4th day of April, 2007.
James E. Elliott, Jr. City Attorney City of Warner Robins
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Larry O'Neal, who on oath deposes and says that he is the Representative from District 146 and further deposes and says that the attached Notice oflntention to Introduce Local Legislation was published in the Houston Home Journal which is the official organ of Houston County on April 7, 2007, and that the notice requirements of Code Section 28-1-14 have been met.
s/ LARRY O'NEAL Larry O'Neal Representative, District 146
Sworn to and subscribed before me, this lOth day of April2007.
sf DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia

GEORGIA LAWS 2007 SESSION
My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 29,2007.

4315

PICKENS COUNTY- BOARD OF ELECTIONS AND REGISTRATION; COMPOSITION; TERMS OF OFFICE; MEETINGS.
No. 319 (House Bill No. 827).
AN ACT
To amend an Act establishing the board of elections and registration for Pickens County, approved April 13, 2001 (Ga. L. 2001, p. 3598), so as to change provisions relating to the terms of office and composition of its members; to change provisions relating to meetings ofthe board; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act establishing the board of elections and registration for Pickens County, approved Aprill3, 2001 (Ga. L. 2001, p. 3598), is amended by adding a new subsection to Section 2, as follows:
"(e)(I) Notwithstanding any other provisions herein, beginning January 1, 2008, there shall be five positions for the Pickens County Board of Elections. Position One and Position Three shall be appointed by the chairperson of the county executive committee of the political party whose candidate at the last preceding general election held for the election of Governor received the largest number of votes in the state for Governor; Position Two and Position Four shall be appointed by the chairperson of the county executive committee of the political party whose candidate at the last preceding general election held for the election of Governor received the next largest number of votes in this state for Governor, subject to the provisions of Section 2(a) of this Act. Position Five shall be appointed by a majority vote of the other four members of the board, subject to the provisions of Section 2(b)(2) of this Act. (2) The appointments for Positions One and Two shall be for an initial term oftwo years, to wit, January I, 2008, through December 31, 2009; thereafter, said terms for Positions One and Two shall be for a period of four years, for example, January 1, 2010, through December 31,2013. (3) The appointments for Positions Three, Four, and Five shall be for a period of four years, for example, January 1, 2008, through December 31, 20 11."

4316

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 2. Said Act is amended further by revising subsection (a) of Section 9, as follows:
'(a) The board shall fix and establish, by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. The board shall hold regular monthly meetings at a time and place to be fixed by resolution of the board. All meetings shall comply with the Open Meetings Laws and Open Records Laws of the State of Georgia."

SECTION 3. Section I of this Act shall become effective on January 1, 2008, and Section 2 of this Act shall become effective on July 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 2007 session of the General Assembly of Georgia a bill to amend an Act establishing the board of elections and registration for Pickens county, approved April 13, 2001 (Ga. L. 2001, p. 3598), so as to change provisions relating to the terms of office and composition of its members; to change provisions relating to meetings of the board; to provide for effective dates; to repeal conflicting laws; and for other purposes.
This 14th day of March 2007.
Rep. Tom Graves 12th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Graves, who on oath deposes and says that he is the Representative from District 12 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Pickens County Progress which is the official organ of Pickens County on March 22, 2007, and that the notice requirements of Code Section 28-1-14 have been met.
s/ TOM GRAYES Tom Graves Representative, District 12

GEORGIA LAWS 2007 SESSION
Sworn to and subscribed before me, this 28th day of March 2007.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 29,2007.

4317

CITY OF BUFORD- REDEVELOPMENT POWERS; REFERENDUM.
No. 320 (House Bill No. 830).
AN ACT
To authorize the City of Buford to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The City of Buford 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 Buford to undertake and carry out community redevelopment, to create tax allocation districts, to issue tax allocation bonds, and to incur other obligations within the meaning of and as fully permitted under the provisions of Article IX, Section II, Paragraph VII(b) of the Constitution of the State of Georgia of 1983, as amended, and to authorize the City of Buford 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 Buford 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 Buford for

4318

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

approval or rejection. The municipal election superintendent shall conduct that election on the date of and in conjunction with the next regular municipal election for the City ofBuford 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 Gwinnett County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) N0

Shall the Act be approved which authorizes the City of Buford to exercise redevelopment powers under the 'Redevelopment Powers Law,' as it may be amended from time to time, for the purpose of improving economic and social conditions in depressed areas within the city?"

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 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 Buford. 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 Pursuant to Article III, Section V, Paragraph IX of the Constitution of the State of Georgia of 1983 and O.C.G .A. 28-1-14, notice is given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to allow the City of Buford the ability to exercise redevelopment powers as more specifically set forth at O.C.G.A. 36-44-1 et seq; to provide for applicability; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances, to repeal conflicting laws; and for other purposes.

GEORGIA LAWS 2007 SESSION This 8th day of January, 2007.

4319

CHANDLER, BRITT, JAY & BECK, LLC CITY ATTORNEY

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby Reese, who on oath deposes and says that he is the Representative from District 98 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily Post which is the official organ of Gwinnett County on January 12, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

s/ BOBBY REESE Bobby Reese Representative, District 98

Sworn to and subscribed before me, this 6th day of March, 2007.

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

Approved May 29, 2007.

FORSYTH COUNTY- FORSYTH COUNTY CIVIL SERVICE SYSTEM; EXEMPT CERTAIN EMPLOYEES.
No. 321 (House Bill No. 834).
AN ACT
To amend the Forsyth County Civil Service System Act creating the Forsyth County Civil Service System, approved March 13, 1978 (Ga. L. 1978, p. 3572), as amended, particularly by an Ordinance and Resolution adopted by the Board of Commissioners of Forsyth County December 9, 1996 (Ga. L. 1997, p. 4701), so as to exempt employees ofthe Probate Court

4320

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

ofForsyth County and Forsyth County Pre-Trial Services from the application ofthe Forsyth County Civil Service System; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. The Forsyth County Civil Service System Act creating the Forsyth County Civil Service System, approved March 13, 1978 (Ga. L. 1978, p. 3572), as amended, particularly by an Ordinance and Resolution adopted by the Board of Commissioners of Forsyth County December 9, 1996 (Ga. L. 1997, p. 4 701 ), is amended by revising subsection (a) of Section 2 of said Act as follows:
'(a) There is hereby created and established a civil service system of personnel administration, to be known as the Forsyth County Civil Service System. All employees of Forsyth County shall be members of the Forsyth County Civil Service System except: Elected officers ofthe county, members ofappointed boards, members ofcommissions and authorities, the county attorney, the county physician, part-time employees, hourly wage earners, seasonal employees and consultants, employees of the Probate Court of Forsyth County, employees of Forsyth County Pre-Trial Services, and other employees expressly exempt by law.'

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

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to amend the Forsyth County Civil Service System Act creating the Forsyth County Civil Service System, approved March 13, 1978 (Ga. L. 1978, p. 3572), as amended, so as to remove employees of the Forsyth County Probate Court and employees of Forsyth County Pre-Trial Services from the Civil Service System; to provide an effective date; to repeal conflicting laws; and for other purposes.
This 19th day of March, 2007
Representative Tom Knox 24th District

GEORGIA LAWS 2007 SESSION GEORGIA, FULTON COUNTY

4321

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Knox, who on oath deposes and says that he is the Representative from District 24 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Forsyth County News which is the official organ of Forsyth County on March 28, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

s/TOM KNOX Tom Knox Representative, District 24

Sworn to and subscribed before me, this 11th day of April 2007.

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

Approved May 29, 2007.

CITY OF TYBEE ISLAND-MAYOR AND COUNCIL; TERMS OF OFFICE; QUALIFICATIONS; REFERENDUM.
No. 347 (Senate Bill No. 261 ).
AN ACT
To amend an Act providing a new charter for the City of Tybee Island, approved April 20, 1995 (Ga. L. 1995, p. 4462), so as to provide council terms and qualifications for office; to provide for continuation in office of the mayor and counci1members and commencing of terms; to provide for a referendum; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

4322

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 1. An Act providing a new charter for the City of Tybee Island, approved April 20, 1995 (Ga. L. 1995, p. 4462), is amended by revising Section 2.11 to read as follows:
"SECTION 2.11. 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, except as otherwise provided by Section 5.12 of this charter. 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 election of the mayor and members of the council and each shall continue to reside therein during that period of service and to be registered and qualified to vote in municipal elections of this city."

SECTION 2. Said Act is further amended by revising Section 5.12 to read as follows:
"SECTION 5.12. Continuation in Office of Mayor and Councilmembers; Commencing Terms.

The mayor and six councilmembers elected at the general municipal election in November, 2007, shall serve for and during the two-year terms for which they were elected and until their successors are elected and qualified. Of those six persons elected as councilmembers at the general municipal election in 2009, the three elected councilmembers who received the least number of votes shall serve for terms of two years each and until their successors are elected and qualified; and the three other councilmembers and mayor elected at the general municipal election in 2009 shall serve for terms of four years each and until their successors are elected and qualified; and all shall take office on the first day of January following their elections. Thereafter, all successors to the mayor and six councilmembers shall serve for terms of four years each and until their successors are elected and qualified, and all shall take office on the first day of January following their elections."

SECTION 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Tybee Island shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Tybee Island for approval or rejection. The municipal election superintendent shall conduct that election on the date ofthe general municipal election inNovember, 2007, 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:

GEORGIA LAWS 2007 SESSION

4323

"( ) YES ( ) NO

Shall the Act be approved which amends the charter of the City of Tybee Island so as to provide for council terms and qualifications for office and for continuation in office of the mayor and councilmembers and commencing of terms?"

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 Sections I and 2 of this Act shall become of full force and effect on January 1, 2008. If Sections 1 and 2 of this Act are not so approved or if the election is not conducted as provided in this section, Sections 1 and 2 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Tybee Island. It shall be the municipal election superintendent's duty to certify the result thereof to the Secretary of State.

SECTION 4. The governing authority of the City of Tybee Island shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 30 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.

SECTION 5. Except as otherwise provided in Section 3 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 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 legislation will be introduced during the 2007 session of the General Assembly of the State of Georgia, which legislation will provide for a referendum on an amendment to the charter of the City of Tybee Island, Georgia, offering the terms of elected officials and for other purposes.
This notice is given this 15th day of February, 2007.

4324

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Edward M. Hughes Attorney for the City of Tybee Island Callaway, Braun, Riddle & Hughes, P.C. 301 W. Congress Street Savannah, GA 31401

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Eric Johnson, who on oath deposes and says that he is the Senator from District 1 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Savannah Morning News which is the official organ ofChatham County on February 16, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

sf ERIC JOHNSON Eric Johnson Senator, District 1

Sworn to and subscribed before me, this 27th day of February, 2007.

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

Approved May 29, 2007.

DECATUR COUNTY- DECATUR COUNTY SCHOOL BUILDING AUTHORITY; CREATION.
No. 349 (Senate Bill No. 126).

AN ACT
To create the Decatur County School Building Authority and to authorize such authority to provide, acquire, construct, equip, maintain, and operate public service facilities, to acquire

GEORGIA LAWS 2007 SESSION

4325

the necessary property therefor, both real and personal, and to lease or sell any or all of such facilities, including real and personal property; to confer powers and to impose duties on the authority; to provide for the membership and for the appointment of members of the authority and their term of tenure and compensation; to authorize the authority to contract with the Decatur County School District pertaining to facilities and services, to execute leases and contracts relating to such facilities and services, to convey title to property of the authority in fee simple, and to do all things deemed necessary or convenient for the operation of such undertakings; to authorize the authority and the Decatur County School District to enter into contracts and leases pertaining to uses of such facilities and services, which contracts and leases shall obligate the lessees to make payment for the use of such facilities and services for the term thereof and to pledge for that purpose revenues derived from taxation; to provide that no debt of the Decatur County School District or other political subdivisions within the meaning set forth in Article IX, Section V, Paragraph I of the Constitution of the State of Georgia, shall be incurred by exercise of the powers granted; to authorize the issuance of revenue bonds or obligations of the authority, payable from the revenues, tolls, fees, charges, and earnings of the authority, including, but not limited to, earnings derived from contracts, leases, and income from conveyances of real or personal property of the authority; to authorize the payment of the cost of such undertakings, to authorize the collection and pledging of the revenues and earnings of the authority for the payment of such bonds or obligations and to secure the payment thereof; to define the rights of the holders of such bonds or obligations; to make the bonds or obligations of the authority exempt from taxation; to make the property of the authority exempt from taxation and assessment; to grant the authority and its members certain immunities; to authorize the issuance of refunding bonds or obligations; to fix the venue or jurisdiction of actions relating to any provisions of this Act; to provide that bonds or obligations be validated as authorized by Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, the "Revenue Bond Law"; to provide for construction; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Short title.

This Act shall be known and may be cited as the "Decatur County School Building Authority Act."

4326

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2. Decatur County School Building Authority.

(a) There is hereby created a public body corporate and politic to be known as the "Decatur County School Building Authority," which shall be deemed to be a political subdivision of this state and a public corporation, and by that name, style, and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity except that the authority or the trustee acting under a trust indenture shall in no event be liable for any torts committed by any of the officers, agents, and employees of the authority. The authority shall not be a state institution, nor a department or agency of the state, but shall be an instrumentality of the state having a distinct corporate entity, exercising governmental powers, and being exempt from the provisions of Article 2 of Chapter 17 of Title 50 of the Official Code of Georgia Annotated, the "Georgia State Financing and Investment Commission Act." The authority is granted the same exemptions and exclusions from taxes as are now granted to school districts for the operation of facilities similar to facilities to be operated by the authority as provided under the provisions of this Act. The authority shall have perpetual existence. (b) The authority shall consist of three members who shall be appointed by the governing authority of the Decatur County School District. With respect to the initial appointment by the governing authority of the Decatur County School District, one member shall be appointed for a term of three years; one member shall be appointed for a term of two years; and one member shall be appointed for a term ofone year. Thereafter, all appointments shall be made for terms of three years and until successors are appointed and qualified. Immediately after such appointments, the members of the authority shall enter upon their duties. If at the end of any term of a member, a successor has not been appointed, such member shall continue to be a member of the authority until a successor is so appointed. To be eligible for appointment as a member of the authority, a person shall be at least 21 years of age and a resident of Decatur County, Georgia, for at least two years prior to the date of his or her appointment and shall not have been convicted of a felony. Any member of the authority may be selected and appointed to succeed himself or herself. (c) Any vacancy on the authority shall be filled in the same manner as was the original appointment of the member whose termination of membership resulted in such vacancy, and the person so selected and appointed shall serve for the remainder of the unexpired term. (d) Prior to assuming office as a member of the Authority, each member shall subscribe to the following oath: "I do solemnly swear or affirm that I will diligently and honestly administer the affairs of the Decatur County School Building Authority which have been entrusted to me and that I will not knowingly violate or willingly permit to be violated any law applicable to the Authority; that I am not the holder of any unaccounted for public money due this state or any political subdivision thereof; that I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I am, by the laws of the State of Georgia, prohibited from holding; that I am otherwise

GEORGIA LAWS 2007 SESSION

4327

qualified to hold said office according to the Constitution and laws of Georgia; and that I will support the Constitution of the United States and of this State." (e) The governing authority of the Decatur County School District may provide by resolution that such members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. (f) The members of the authority shall elect one of their number as chairperson and another as vice chairperson. The members of the authority shall also elect a secretary, who need not be a member of the authority, and may also elect a treasurer, who need not be a member of the authority. The secretary may also serve as treasurer. If the secretary or treasurer are not members of the authority, such officers shall have no voting rights. Each of such officers shall serve for a period of one year and until their successors are duly elected and qualified. (g) Two members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the authority. (h) The authority shall make rules and regulations for its own governance. Any change in the name or composition of the authority shall in no way affect the vested rights of any person under the provisions of this Act or impair the obligations of any contracts under this Act.

SECTION 3. Purpose of the authority.

Without limiting the generality of any provision of this Act, the general purpose of the authority is declared to be that ofproviding buildings, facilities, and services for the officers, agents, students, teachers, patrons and employees in the Decatur County School District.

SECTION 4. Definitions.

As used in this Act, the term: (1) "Authority" means the Decatur County School Building Authority created by this Act. (2) "Costs of the project" means and embraces the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment; financing charges; interest prior to and during construction and for one year after completion of construction; the cost of engineering, architectural, fiscal agents expenses, legal expenses, plans and specifications, and other expenses necessary or incidental to determining the feasibility or practicability of the project; administrative expenses and such other expenses as may be necessary or incident to the financing authorized in this Act; working capital; and all other costs necessary to acquire, construct, add to, extend, improve, equip, operate, and maintain the project. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost

4328

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds or notes issued under the provisions of this Act for such project. (3) "Project" means all buildings and facilities necessary or convenient for the efficient operation of the Decatur County School District. (4) "Revenue Bond Law" means the Revenue Bond Law of the State of Georgia, codified in Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, as amended, or any other similar law hereinafter enacted. (5) "Revenue bonds" means revenue bonds authorized to be issued pursuant to this Act. (6) "Self-liquidating" means any project from which the revenues and earnings to be derived by the authority therefrom, including but not limited to, any contractual payments with governmental or private entities and all properties used, leased, and sold in connection therewith, together with any grants, will be sufficient to pay the costs of operating, maintaining, and repairing the project and to pay the principal and interest on the revenue bonds or other obligations which may be issued for the purpose of paying the costs of the project. (7) "State" means the State of Georgia.

SECTION 5. Powers.

The authority shall have the power: (I) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, gift, or otherwise and to hold, operate, maintain, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase on such terms and conditions and in such manner as it may deem proper, real property or rights or easements therein or franchises necessary or convenient for its corporate purposes, to use the same so long as its corporate existence shall continue, to lease or make contracts with respect to the use of the same, or to dispose of the same in any manner it deems to the best advantage of the authority. No property shall be acquired under the provisions of this Act upon which any lien or encumbrance exists, unless, at the time such property is so acquired, a sufficient sum of money is to be deposited in trust to pay and redeem the fair value of such lien or encumbrance. If the authority shall deem it expedient to construct any project on lands which are subject to the control of the Decatur County School District, the school district is authorized to convey such lands to the authority for such consideration as may be agreed upon by the authority and the Decatur County School District, taking into consideration the public benefit to be derived from such conveyance; (4) To exercise the powers conferred upon a "public corporation" or "public authority" by Article IX, Section Ill, Paragraph I of the Constitution of Georgia, such authority being

GEORGIA LAWS 2007 SESSION

4329

hereby expressly declared to be a "public corporation" or "public authority" within the meaning of such provision of the Constitution of Georgia; (5) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and fix their respective compensations; (6) To execute contracts, leases, agreements, and instruments necessary or convenient in connection with the acquisition, construction, addition, extension, improvement, equipping, operation, or maintenance of the project; and any and all persons, firms, corporations, and the Decatur County School District, are authorized to enter into contracts, leases, agreements, or instruments with the authority upon such terms and for such purposes as they deem advisable and as they are authorized to enter into by law; (7) To acquire, construct, add to, extend, improve, equip, operate, and maintain projects; (8) To pay the costs of projects with the proceeds of revenue bonds or other obligations issued by the authority or from any grant or contribution from the United States of America or any agency or instrumentality thereof or from this state or any agency or instrumentality or other political subdivision thereof or from any other source whatsoever; (9) To accept loans or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may require; (10) To accept loans or grants of money or materials or property of any kind from this state or any agency or instrumentality or political subdivision thereof upon such terms and conditions as this state or such agency or instrumentality or political subdivision may require; (11) To borrow money for any of its corporate purposes, from any bank, banks or lending institution; to execute notes or other evidences of such indebtedness; and to secure the same by assigning all rights and pledging all funds to be received by the authority from a contract or lease entered into by the authority and the Decatur County School District; (12) To issue revenue bonds, and to provide for the payment of the same and for the rights of the holders thereof; (13) To sell, lease, grant, exchange, or otherwise dispose ofany surplus property, both real and personal, or interest therein not required in the normal operation of and usable in the furtherance of the purpose for which the authority was created; (14) To exercise any power usually possessed by private corporations performing similar functions, including the power to incur short-term debt and to approve, execute, and deliver appropriate evidence of any such indebtedness; and (15) To do all things necessary or convenient to carry out the powers expressly given in this Act.

4330

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 6. Revenue bonds.

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

SECTION 7. Same; negotiability; exemption from taxation.

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

SECTION 8. Same; sale; price; proceeds.

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

SECTION 9. Same; conditions precedent to issuance.

The authority shall adopt a resolution authorizing the issuance of the revenue bonds. In the resolution, the authority shall determine that the project financed with the proceeds of the revenue bonds is self-liquidating. Revenue bonds may be issued without any other

GEORGIA LAWS 2007 SESSION

4331

proceedings or the happening of any other conditions or things other than those proceedings, conditions, and things which are specified or required by this Act. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the authority by a majority of its members.

SECTION 10. Credit not pledged.

Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt ofthe State of Georgia or any political subdivision thereof, nor a pledge ofthe faith and credit thereof; but such bonds shall be payable solely from the rentals, revenues, earnings, and funds of the authority as provided in the resolution or trust agreement or indenture authorizing the issuance and securing the payment of such bonds; and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate this state or any political subdivision thereof to levy or to pledge any form of taxation whatsoever therefor or to make any appropriation for their payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. However, any other political subdivision contracting with the authority may obligate itself to pay the amounts required under any contract entered into with the authority from funds received from taxes to be levied and collected for that purpose to the extent necessary to pay the obligations contractually incurred under this section and from any other source. The obligation to make such payments shall constitute a general obligation and a pledge of the full faith and credit of the obligor but shall not constitute a debt of the obligor within the meaning of Article IX, Section V, Paragraph I of the Constitution. When such obligation is made to make such payments from taxes to be levied for that purpose, then the obligation shall be mandatory to levy and collect such taxes from year to year in an amount sufficient to fulfill and fully comply with the terms of such obligation.

SECTION 11. Trust indenture as security.

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

4332

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

construction of the project, the maintenance, operation, repair, and insuring of the project, and the custody, safeguarding, and application of all moneys.

SECTION 12. To whom proceeds of bonds shall be paid.

In the resolution providing for the issuance of revenue bonds or in the trust indenture, the authority shall provide for the payment of the proceeds of the sale of the revenue bonds to any officer or person who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes thereof, subject to such regulations as this Act and such resolution or trust indenture may provide.

SECTION 13. Sinking fund.

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

SECTION 14. Remedies of bondholders.

Any holder of revenue bonds or any of the coupons appertaining thereto and the trustee under the trust indenture, if any, except to the extent the rights given in this Act may be restricted

GEORGIA LAWS 2007 SESSION

4333

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

SECTION 15. Validation.

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

SECTION 16. 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 Decatur County, Georgia, and any action pertaining to validation of any revenue bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions.

SECTION 17. Interest of bondholders protected.

While any of the revenue bonds issued by the authority remain outstanding, the powers, duties, or existence of said authority or its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such revenue bonds, and no other entity, department, agency, or authority shall be created which will compete with the authority to such an extent as to affect adversely the

4334

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

interests and rights ofthe holders of such revenue bonds, nor shall this state itselfso compete with the authority. The provisions of this Act shall be for the benefit of the authority and the holders of any such revenue bonds and, upon the issuance of such revenue bonds under the provisions of this Act, shall constitute a contract with the holders of such revenue bonds.

SECTION 18. Moneys received considered trust funds.

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

SECTION 19. 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 revenues, tolls, fees, and charges for the services, facilities, and commodities furnished, and, in anticipation of the collection of the revenues, to issue revenue bonds or other types of obligations as provided in this Act to finance, in whole or in part, the costs of the project and to pledge to the punctual payment of said revenue bonds or other obligations all or any part of the revenues.

SECTION 20. Rules, regulations, service policies, and procedures for operation of projects.

It shall be the duty of the authority to prescribe rules, regulations, service policies, and procedures for the operation of any project or projects constructed or acquired under the provisions of this Act, including the basis upon which recreational services and facilities and other public services and facilities shall be furnished. The authority may adopt bylaws.

SECTION 21. Tort immunity.

To the extent permitted by law, the authority shall have the same immunity and exemption from liability for torts and negligence as the Decatur County School District; and the officers, agents, and employees of the authority when in the performance of the work of the authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of the Decatur County School District in the performance of their public duties or work of the school district.

GEORGIA LAWS 2007 SESSION
SECTION 22. Property not subject to levy and sale.

4335

The property of the authority shall not be subject to levy and sale under legal process.

SECTION 23. Tax-exempt status of authority.

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

SECTION 24. Effect on other governments.

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

SECTION 25. Liberal construction of Act.

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

SECTION 26. General repealer.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Pursuant to the provisions ofO.C.G .A. 28-1-14, notice is hereby given that application will be made to the 2007 session of the General Assembly of Georgia to enact legislation to create a political subdivision of the State and a body corporate and politic to be known as the Decatur County School Building Authority; to provide for related matters; and for other purposes.

4336

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

This 4th day of December, 2006.

\s\ Ralph Jones Ralph Jones Superintendent, Decatur County School District

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Bulloch, who on oath deposes and says that he is the Senator from District 11 and further deposes and says that the attached Notice oflntention to Introduce Local Legislation was published in the Post-Searchlight which is the official organ of Decatur County on 9th day of December 2006, and that the notice requirements of Code Section 28-1-14 have been met.

s/ JOHN BULLOCH John Bulloch Senator, District 11

Sworn to and subscribed before me, this 16th day of January 2007.

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

Approved May 29,2007.

SOUTH GEORGIA REGIONAL INFORMATION TECHNOLOGY AUTHORITY- CREATION.
No. 353 (House Bill No. 804).
AN ACT
To create the South Georgia Regional Information Technology Authority, so as to provide for communication systems projects in Baker, Calhoun, Early, Miller, and Mitchell counties; to provide for a short title; to provide for definitions; to provide for membership; to provide

GEORGIA LAWS 2007 SESSION

4337

for a governing board and its terms, organization, vacancies, and meetings; to provide for the powers and duties of the authority; to provide for services, procurement, and bonding; to provide for revenue bonds and their form, interest rates, denominations, payment, signatures, negotiability, exemption from taxation, sale, proceeds, interim bonds, and replacement; to provide for conditions for issuance of bonds and that they will not constitute certain debts; to provide for trust indentures, sinking fund, and payment of proceeds; to provide for bondholder remedies and interests, refunding bonds, venue and jurisdiction, and bond validation; to provide for trust funds, charges, rules and regulations, and other reports; to provide for tax exemptions; to provide for supplemental powers, liberal construction, and powers of other governmental entities; to provide for tort immunity; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. This Act shall be known and may be cited as the "South Georgia Regional Information Technology Authority Act."

SECTION 2. (a) As used in this Act, the term:
(1) "Authority" shall mean the South Georgia Regional Information Technology Authority created by Section 3 of this Act. (2) "Cost of the project" means the cost of planning, design, and construction, the cost of all lands, properties, rights, easements, and franchises acquired, the cost of all buildings, machinery and equipment, financing charges, interest prior to and during construction, and for one year after completion of construction, cost of compliance with environmental regulations and environmental protection, cost of engineering, architectural, fiscal, and legal expenses, cost of plans and specifications, and other costs necessary or incident to determining the feasibility or practicability of any project, administrative costs, and such other costs as may be necessary or incident to the financing authorized in this Act, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or cost incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds, certificates, or other obligations issued under the provisions of this Act for such project. (3) "Project" means and includes the planning, design, acquisition, construction, and equipping of communication cables, sleeves, and systems for the distribution and sale of communication services to private and public users and consumers, including but not limited to broadband, Internet, cable television, and associated services to the state, counties, and municipalities, within the territorial boundaries of Baker, Calhoun, Early,

4338

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Miller, and Mitchell counties, and additions and improvements to and extensions of such facilities and the operation and maintenance of same. (4) "Public authority" means any entity which is created by the laws of the State of Georgia, which is designated as an authority, and which provides services or facilities to the public. (5) "Revenue bonds" and "bonds" shall mean revenue bonds, certificates, and other obligations of the authority, as defined and provided for in Article 3 of Chapter 82 of Title 36 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 article. In addition, such terms shall also mean obligations of the authority, the issuance of which is specifically provided for in this Act. (6) "State" means the State of Georgia. (b) Any project shall be deemed self-liquidating if, in the judgment of the authority, the revenues and earnings to be derived by the authority therefrom will be sufficient to pay the costs of operating, maintaining, repairing, improving, and extending the project and to pay the principal and interest of the revenue bonds which may be issued for the cost of such project or projects.

SECTION 3. (a) There is created a body corporate and politic, to be known as the South Georgia Regional Information Technology Authority, which shall be a political subdivision of the state and a public corporation and by that name, style, and title said body may contract and be contracted with, bring and defend actions, sue and be sued, implead and be impleaded, and complain and defend in all courts. The authority shall make rules and regulations for its own government and shall have perpetual existence. (b) The authority shall consist of 11 members as follows:
( 1) Two residents of Baker County appointed by the governing authority of Baker County; (2) Two residents of Calhoun County appointed by the governing authority of Calhoun County; (3) Two residents of Early County appointed by the governing authority of Early County; (4) Two residents of Miller County appointed by the governing authority of Miller County; (5) Two residents of Mitchell County appointed by the governing authority of Mitchell County; and (6) One appointed by the other members of the authority. Each member shall serve for a four-year term and until a successor is appointed and qualified, except for the members initially appointed as provided by this Act. The initial members appointed under paragraphs ( 1), (3 ), and (5) of this subsection shall serve for terms offour years each and until their successors are appointed and qualified. The initial members appointed under paragraphs (2), (4), and (6) of this subsection shall serve for terms of two years each and until their successors are appointed and qualified.

GEORGIA LAWS 2007 SESSION

4339

(c) Any member of the authority may be selected and appointed to succeed himself or herself. Immediately after such appointments and ratification, the members of the authority shall enter upon their duties. Any vacancy on the authority shall be filled by appointment by the entity originally appointing the member whose termination of membership resulted in such vacancy, and the person so appointed and ratified shall serve for the remainder of the unexpired term. The authority shall elect one of its members as chairperson and another as vice chairperson. The authority shall also elect a secretary and a treasurer or a secretary-treasurer, each of which does not necessarily have to be a member ofthe authority; and if not a member he or she shall have no voting rights. Each member of the authority shall be reimbursed for all actual expenses incurred in the performance of his or her duties. (d) Six members of the authority shall constitute a quorum, and any action may be taken by the authority upon the affirmative vote of a majority of a quorum of the members; provided, however, that the approval for the matters set forth in subsection (e) of this section shall require the affirmative vote of at least five members of the authority. No vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority. (e) The matters requiring five affirmative votes for approval are as follows:
( 1) Amending the bylaws of the authority; (2) The purchase, sale, lease, exchange, or other disposition of real property; (3) Issuance of revenue obligations or revenue bonds; or (4) Authorization of projects or undertakings as those terms are defined herein and in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law."

SECTION 4. The authority is authorized:
(1) To have a seal and alter the seal at pleasure; (2) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property, rights, or easements therein or franchises necessary or convenient for its corporate purposes, to use the same so long as its corporate existence shall continue, and to lease or make contracts with respect to the use of or to dispose of the same in any manner deemed by the board to be to the best advantage of the authority, the authority being under no obligation to accept and pay for any property condemned under this Act except from the funds provided to the authority under this Act; and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceedings as may be just to the authority and to the owners of the property to be condemned; and no property shall be acquired under the provisions of this Act upon which any lien or other encumbrance exists, unless at the time such property is so acquired a

4340

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

sufficient sum of money is deposited in trust to pay and redeem the fair value of such lien or encumbrance. If the authority shall deem it expedient to construct any project on any lands the title to which shall then be in Baker, Calhoun, Early, Miller, or Mitchell County or in any municipality incorporated in any such county, the governing authority or body of such county or of any of such municipality is hereby authorized to convey title to such lands to the authority upon payment for the credit of the general funds of such county or municipality the reasonable value of such lands. The authority shall have the nonexclusive right, easement, and franchise of laying communication cables along the highways in Baker, Calhoun, Early, Miller, or Mitchell County, or in the corporate limits of any municipality incorporated in any such county, without cost; provided, however, that the authority shall repair all damage done by the authority by reason thereof; (4) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, construction, and experts, fiscal agents, attorneys, and other professionals and fix their respective compensation; (5) To make contracts and leases and to execute all instruments necessary or convenient to carry out the purposes of this Act, including contracts for construction of projects and leases 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 any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable; and without limiting the generality of the above, authority is specifically granted to the authority to enter into contracts, lease agreements, or other undertakings relative to the furnishing of services and facilities by the authority to such municipal corporations, counties, political subdivisions, corporations, or individuals for a term not exceeding 50 years; (6) To plan, design, construct, erect, acquire, own, lease, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as defined in paragraph (3) of subsection (a) of Section 2 of this Act, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the authority, from revenues available from contracting for services, or from such proceeds and any grant from the United States of America, the State of Georgia, or any agency or instrumentality thereof; provided, however, that in delivering cable service the authority shall comply with applicable provisions of Chapter 90 of Title 36 of the O.C.G.A., the "Local Government Cable Fair Competition Act of 1999"; (7) To accept loans and grants of money, materials, or property of any kind from the United States of America, the State of Georgia, or any political subdivision, agency, or instrumentality thereof upon such terms and conditions as the United States of America, the State of Georgia, or such political subdivision, agency, or instrumentality may impose; (8) To borrow money for any of its corporate purposes, to issue revenue bonds payable solely from funds pledged for that purpose; and to provide for the payment of the same and for the rights of the holders thereof;

GEORGIA LAWS 2007 SESSION

4341

(9) To exercise any power which is usually possessed by private corporations performing similar functions and which is not in conflict with the Constitution and laws of this state; (10) To purchase policies of insurance as may be deemed appropriate for its corporate purposes; (11) To apply for and accept any and all local, state, or federal permits necessary and convenient for its corporate purposes; (12) To appoint a technical advisory group or such other committees as circumstances might require; and (13) To do all things necessary or convenient to carry out the powers expressly given in this Act.

SECTION 5. The authority shall adopt regulations and requirements for the procurement of goods and services as are reasonable and necessary and consistent with requirements of state law.

SECTION 6. The authority shall adopt regulations and requirements to bonds from contractors who are awarded contracts by the authority as are reasonable and necessary and consistent with requirements of state law.

SECTION 7. The authority, or any public authority or body which had or which may in the future succeed to the powers, duties, and liabilities vested in the authority created by this Act, is authorized, at one time or from time to time, to provide by resolution for the issuance of revenue bonds of the authority for the purpose of paying all or any part of the cost of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund provided in Section 19 of this Act for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates, shall be payable, shall mature at such time or times not to exceed 50 years from their date or dates, shall be payable in such medium of payment as to both principal and interest, and may be made redeemable before maturity, at such price or prices, and under such terms and conditions as may be determined by the authority in the resolution providing for the issuance of the bonds.

SECTION 8. The authority shall determine the form of the bonds and shall fix the interest rates, denomination or denominations ofthe bonds, and the place or places ofpayment ofprincipal and interest thereof, which may be at any bank or trust company inside or outside the state. The bonds may be issued in bearer or registered form, or both, as the authority may determine, and provision may be made for the registration of any bond as to principal alone or also as to both the principal and interest.

4342

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 9. All revenue bonds shall bear the manual or facsimile signature of the chairperson of the authority and attested by the manual or facsimile signature of the secretary of the authority and the official seal of the authority or a facsimile thereof shall be affixed thereto, and any coupons attached thereto shall bear the facsimile signatures of the chairperson and secretary of the authority. Any coupon may bear the facsimile signatures of such persons and any bond may be signed, sealed, and attested on behalf of the authority by such person as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. In the event an officer whose signature appears on any bonds or coupon ceases to be such officer before delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if the officer had remained in office until such delivery.

SECTION 10. All revenue bonds issued under this Act shall have and are declared to have all the qualities and incidents of negotiable instruments under the negotiable instruments law of the state. Such bonds and the income thereof shall be exempt from all taxation within this state.

SECTION 11. The authority may sell such bonds in such a manner and for such price as it may determine to be for the best interest of the authority, but no such sale shall be made at a price so low as to require the payment of interest on the money received therefor at a greater rate than the interest allowed by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," computed with relation to the absolute maturity of the bonds in accordance with standard tables of bond values, excluding, however, from such computation the amount of any premium to be paid on redemption of any bond prior to maturity.

SECTION 12. The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects and, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may be issued in like manner to provide the amount of such deficit, which, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, shall be deemed to be of the same fund without preference or priority of the bonds first issued for the same purpose.

SECTION 13. Prior to the preparation of definitive bonds, the authority may issue interim receipts, interim certificates, or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the later.

GEORGIA LAWS 2007 SESSION

4343

SECTION 14. The authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost.

SECTION 15. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by this Act. In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution providing for the issuance of revenue bonds under this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the authority by its board member at any meeting where a quorum is present and voting requirements are met.

SECTION 16. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of this state, or any county or municipality thereof, or any public authority except the authority created by this Act, nor shall such bonds be deemed a pledge of the faith and credit of this state, any county or municipality thereof, or any public authority except the authority created by this Act, but such bonds shall be payable solely from the fund provided for in this Act; and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate this state, or any county or municipality thereof, to levy or to pledge any form of taxation whatever therefor or to make any appropriation for the payment of such bonds; and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section.

SECTION 17. In the discretion of the authority, any issue of such revenue bonds may be secured by a resolution or a trust indenture by and between the authority and a corporate trustee, which may be any foreign or domestic trust company or bank having the powers ofa trust company. Such resolution or trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation 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 insurance of the project, and the custody, safeguarding, and application of all moneys and may also provide that any project shall be constructed and paid for under the supervision and approval of registered professional consulting engineers of the State of Georgia or architects employed or designated by the authority and satisfactory to the original purchasers of the bonds issued therefor and may also require that the security given by contractors and

4344

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

by any depository of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the board. Such resolution or trust indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in resolution or trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such resolution or trust indenture may contain such other provisions as the board may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such resolution or trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture.

SECTION 18. In the resolution providing for the issuance of revenue bonds or in the trust indenture, the authority shall provide for the payment 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, custodian, or depository of such funds and shall hold and apply the same to the purposes for which such bonds were issued, subject to such regulations as this Act and such resolution or trust indenture may provide.

SECTION 19. The revenues, fees, and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or the trust instrument may provide; and such funds so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals, as may be provided in the resolution or trust indenture, into a sinking fund, which sinking fund shall be pledged to and charged with the payment of:
(1) The interest upon such revenue bonds as such interest shall fall due; (2) The principal of the bonds as the same shall fall due; (3) The necessary charges of paying agents for paying principal and interest; and (4) Any premium upon bonds retired by call or purchase as provided in this Act. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, except as may otherwise be provided in such resolution or trust indenture. Such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or the trust indenture, surplus moneys in the sinking fund may be

GEORGIA LAWS 2007 SESSION

4345

applied to the purchase or redemption of bonds. Any such bonds so purchased or redeemed shall forthwith be canceled and shall not again be issued.

SECTION 20. Any holder of revenue bonds issued under this Act or any coupons appertaining thereto and the trustee under the trust indenture, if any, except to the extent the rights given in this Act may be restricted by the resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted under this Act or under such resolution or trust indenture and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture to be performed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished.

SECTION 21. The authority is authorized to provide by resolution of its board for the issuance of revenue refunding bonds of the authority for the purpose of funding or refunding any revenue bonds issued under this Act and then outstanding, together with accrued interest and premium, if any, thereon. The issuance of such revenue funding or refunding bonds, the maturities, all other details thereof, the rights of the holders, and the duties of the authority with respect to the same shall be governed by the foregoing provisions of this Act insofar as the same may be applicable.

SECTION 22. Any action to protect or enforce any rights under this Act or any suit or action against the authority shall be brought in the Superior Court of Baker, Calhoun, Early, Miller, or Mitchell County, Georgia, and any action pertaining to validation of any bonds issued under this Act shall likewise be brought in said court, which shall have exclusive jurisdiction of such actions.

SECTION 23. Bonds ofthe authority shall be confirmed and validated in accordance with the procedure of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law." The petition for validation shall also make a party defendant to such action any municipality, county, public authority, subdivision, or instrumentality ofthe State of Georgia which has contracted with the authority for furnishing or receiving the services and facilities of the project for which bonds are to be issued and sought to be validated, and such municipality, county, public authority, subdivision, or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into

4346

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

by the court, the validity of the terms thereof be determined, and the contract or contracts adjudicated as security for the payment of any such bonds of the authority. The bonds, when validated, and the judgement of validation, shall be final and conclusive with respect to such bonds against the authority issuing the same and any municipality, county, public authority, subdivision, or instrumentality contracting with the authority.

SECTION 24. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of the authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and right ofthe holders ofsuch bonds, and no other entity, department, agency, or public authority will be created which will compete with the authority to such an extent as to affect adversely the interests and rights of the holders of such bonds nor will the state itself so compete with the authority. The provisions of this Act shall be for the benefit of the authority and the holders of any such bonds and, upon the issuance of bonds under the provisions of this Act, shall constitute a contract with the holders of such bonds.

SECTION 25. All moneys received by the authority pursuant to this Act, whether as proceeds from the sale of revenue bonds, as grants, or other contributions, or as revenues, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.

SECTION 26. The authority is authorized to prescribe, fix, and collect rates, fees, or charges and to revise from time to time and collect such rates, fees, or charges for the services, facilities, or commodities furnished and, in anticipation of the collection of the revenues of such undertaking or project, to pay from current revenues and issue revenue bonds as provided in this Act to finance in whole or in part the cost of the project and to pledge to the punctual payment of said bonds and interest thereon all or any part of the revenues of such undertakings or projects, including the revenues ofimprovements, betterments, or extensions subsequently made to the system.

SECTION 27. It shall be the duty of the board to prescribe rules and regulations for the operation of the project or projects constructed under the provisions of this Act, including the basis on which communication services and facilities shall be furnished.

SECTION 28. It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and constitute a public purpose and that the authority will be performing an essential

GEORGIA LAWS 2007 SESSION

4347

governmental function in the exercise of the powers conferred upon it by this Act. The authority therefore shall be required to pay no taxes or assessment upon any of the property acquired by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation or maintenance of the facilities erected, maintained, or acquired by it or any fees, rentals, or other charges for the use of such facilities or other income received by the authority.

SECTION 29. The foregoing sections of this Act shall be deemed to provide an additional and alternative method for doing the things authorized thereby, shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as being in derogation of any powers now existing.

SECTION 30. This Act, being for the welfare of various political subdivisions of the state and its inhabitants, shall be liberally construed to effect the purposes hereof.

SECTION 31. This Act does not in any way take from Baker, Calhoun, Early, Miller, or Mitchell County or any municipality located within any such county the power to own, operate, and maintain communications systems or issue revenue certificates as is provided by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law."

SECTION 32. The authority shall be immune and exempt from liability for torts and negligence to the same extent as Baker, Calhoun, Early, Miller, and Mitchell counties; and the officers, agents, and employees of the authority, when in the performance of the work of the authority, shall be immune and exempt from liability for torts and negligence to the same extent as employees of such counties.

SECTION 33. All laws and parts of laws in conflict with this Act are repealed.

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to create the South Georgia Regional Information Technology Authority; and for other purposes.

Tommy Coleman Hodges, Erwin, Hedrick & Coleman, LLP Attorney for South Georgia Regional Information Technology Authority

4348

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald E. Greene, who on oath deposes and says that he is the Representative from District 149 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Early County News which is the official organ of Early County on March 28, 2007, 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 9th day of April 2007.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to create the South Georgia Regional Information Technology Authority; and for other purposes.

Tommy Coleman Hodges, Erwin, Hedrick & Coleman, LLP. Attorney for South Georgia Regional Information Technology Authority

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 oflntention to Introduce Local Legislation was published in the Albany Herald which is the official organ of Calhoun County on March 23, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

GEORGIA LAWS 2007 SESSION
s/ GERALD E. GREENE Gerald E. Greene Representative, District 149

4349

Sworn to and subscribed before me, this 9th day of April2007.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to create the South Georgia Regional Information Technology Authority; and for other purposes.

Tommy Coleman Hodges, Erwin, Hedrick & Coleman, LLP Attorney for South Georgia Regional Information Technology Authority

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 oflntention to Introduce Local Legislation was published in the Camilla Enterprise which is the official organ of Baker County on March 28, 2007, 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 9th day of April 2007.

s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia

4350

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

My Commission Expires Nov. 18,2009 (SEAL)

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to create the South Georgia Regional Information Technology Authority; and for other purposes.

Tommy Coleman Hodges, Erwin, Hedrick & Coleman, LLP Attorney for South Georgia Regional Information Technology Authority

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 oflntention to Introduce Local Legislation was published in the Miller County Liberal which is the official organ of Miller County on March 28, 2007, and that the notice requirements ofCode Section 28-1-14 have been met.

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

Sworn to and subscribed before me, this 9th day of April2007.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to create the South Georgia Regional Information Technology Authority; and for other purposes.

GEORGIA LAWS 2007 SESSION
Tommy Coleman Hodges, Erwin, Hedrick & Coleman, LLP Attorney for South Georgia Regional Information Technology Authority

4351

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 Camilla Enterprise which is the official organ of Mitchell County on March 28, 2007, 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 9th day of April2007.

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

Approved May 29, 2007.

CHATHAM COUNTY- JUDGE OF RECORDER'S COURT; JUDGE OF PROBATE COURT; JUDGES OF JUVENILE COURT; JUDGES OF STATE COURT; JUDGES OF MAGISTRATE COURT; COMPENSATION.
No. 356 (House Bill No. 499).
AN ACT
To amend an Act providing for the compensation of certain officials in Chatham County, approved March 26, 1986 (Ga. L. 1986, p. 4797), as amended by an Act approved April21, 1997 (Ga. L. 1997, p. 4446), so as to change the compensation of the judges of the recorder's

4352

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

court, judge of the probate court, judges of the juvenile court, judges of the state court, and judges of the magistrate court; to remove cost-of-living increases; 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 compensation of certain officials in Chatham County, approved March 26, 1986 (Ga. L. 1986, p. 4797), as amended by an Act approved April 21, 1997 (Ga. L. 1997, p. 4446), is amended by revising Section 1 as follows:

"SECTION 1. (a) Except as provided in subsection (c) of this section, each officer and official of Chatham County listed in this subsection shall receive a salary fixed by the governing authority of such county, provided that said salary for each officer shall not be less than the salary set forth as follows:
Tax commissioner. .................................... $53,000.00 per annum
Sheriff. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54,000.00 per annum
Clerk of superior court.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56,000.00 per annum
Clerk of the state court. ................................. 45,000.00 per annum, provided that if the clerk of the state court also serves as court administrator, such officer shall receive an annual base salary to be fixed by the governing authority of the county at not less than $60,000.00, payable in equal monthly installments from the funds of the county.
Coroner. ............................................ $12,000.00 per annum (b) Each officer and official of Chatham County listed in this subsection shall receive a salary fixed by the governing authority of such county, provided that said salary for each officer shall not be less than the salary set forth as follows:

GEORGIA LAWS 2007 SESSION

4353

Chief judge of the recorder's court...... An annual salary equal to the sum of 85 percent of the annual salary of a judge of superior court as paid by the state plus 85 percent of the annual amount of any supplement paid by the governing authority of Chatham County to a judge of the superior court, excluding any longevity pay to a judge of the superior court pursuant to Ga. L. 1997, p. 4108. In addition, the governing authority of Chatham County shall pay to the chief judge of the recorder's court an additional salary supplement as additional compensation for performing the duties incumbent upon a chief judge of not less than 85 percent of the salary supplement paid to the chief judge of the Eastern Judicial Circuit pursuant to Ga. L. 1997, p. 4108, Section l(e).
Judge of the recorder's court........... An annual salary equal to the sum of 85 percent of the annual salary of a judge of superior court as paid by the state plus 85 percent of the annual amount of any supplement paid by the governing authority of Chatham County to a judge of the superior court, excluding any longevity pay to a judge of the superior court pursuant to Ga. L. 1997, p.4108.
Judge of the probate court............. An annual salary equal to the sum of 80 percent of the annual salary of a judge of superior court as paid by the state plus 80 percent of the annual amount of any supplement paid by the governing authority of Chatham County to a judge of the superior court, excluding any longevity pay to a judge of the superior court pursuant to Ga. L. 1997, p. 4108.
Presiding judge of the juvenile court..... An annual salary equal to the sum of 90 percent of the annual salary of a judge of superior court as paid by the state plus 90 percent of the annual amount of any

4354

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

supplement paid by the governing authority of Chatham County to a judge of the superior court, excluding any longevity pay to a judge of the superior court pursuant to Ga. L. 1997, p. 4108. In addition, the governing authority of Chatham County shall pay to the presiding judge ofthe juvenile court an additional salary supplement as additional compensation for performing the duties incumbent upon a presiding judge of not less than 90 percent of the salary supplement paid to the chief judge of the Eastern Judicial Circuit pursuant to Ga. L. 1997, p. 4108, Section !(e).
Judge of the juvenile court............. An annual salary equal to the sum of 90 percent of the annual salary of a judge of superior court as paid by the state plus 90 percent of the annual amount of any supplement paid by the governing authority of Chatham County to a judge of the superior court, excluding any longevity pay to a judge of the superior court pursuant to Ga. L. 1997, p. 4108.
Chief judge of the state court. .......... An annual salary equal to the sum of 95 percent of the annual salary of a judge of superior court as paid by the state plus 95 percent of the annual amount of any supplement paid by the governing authority of Chatham County to a judge of the superior court, excluding any longevity pay to a judge of the superior court pursuant to Ga. L. 1997, p. 4108. In addition, the governing authority of Chatham County shall pay to the chief judge of the state court an additional salary supplement as additional compensation for performing the duties incumbent upon a chief judge of not less than 95 percent of the salary supplement paid to the chief judge of the Eastern Judicial Circuit pursuant to Ga. L. 1997, p. 4108, Section 1(e).

GEORGIA LAWS 2007 SESSION

4355

Judge of the state court. .............. An annual salary equal to the sum of 95 percent of the annual salary of a judge of superior court as paid by the state plus 95 percent of the annual amount of any supplement paid by the governing authority of Chatham County to a judge of the superior court, excluding any longevity pay to a judge of the superior court pursuant to Ga. L. 1997, p.4108.
Chief magistrate of the magistrate court.. An annual salary equal to the sum of 80 percent of the annual salary of a judge of superior court as paid by the state plus 80 percent of the annual amount of any supplement paid by the governing authority of Chatham County to a judge of the superior court, excluding any longevity pay to a judge of the superior court pursuant to Ga. L. 1997, p. 4108. In addition, the governing authority of Chatham County shall pay to the chief magistrate of the magistrate court an additional salary supplement as additional compensation for performing the duties incumbent upon a chiefjudge of not less than 80 percent of the salary supplement paid to the chiefjudge of the Eastern Judicial Circuit pursuant to Ga. L. 1997, p. 4108, Section 1(e).
Magistrates of the magistrate court...... An annual salary equal to the sum of 80 percent of the annual salary of a judge of superior court as paid by the state plus 80 percent of the annual amount of any supplement paid by the governing authority of Chatham County to a judge of the superior court, excluding any longevity pay to a judge of the superior court pursuant to Ga. L. 1997, p. 4108.

4356

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(c) The governing authority of Chatham County shall grant each officer and official listed in subsection (a) of this section the same percentage increases in salary that it grants as cost-of-living increases to employees ofChatham County. Such increases shall be granted at the same time cost-of-living increases are granted to county employees."

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

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to amend an Act providing for the compensation of certain officials in Chatham County, approved March 26, 1986 (GA. L. 1986, p. 4797), as amended by an Act approved April21, 1997 (GA. L. 1997, p. 4446), so as to change the compensation of the judges of the recorder's court, judge of the probate court, judges of the juvenile court, judges of the state court and judges of the magistrate court; to remove cost-of-living increases; to provide an effective date and for other purposes.
This 9 day of February, 2007
Rep. Burke Day District 163
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Burke Day, who on oath deposes and says that he is the Representative from District 163 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 11, 2007, and that the notice requirements of Code Section 28-1-14 have been met.
s/BURKE DAY Burke Day Representative, District 163

GEORGIA LAWS 2007 SESSION
Sworn to and subscribed before me, this 13th day of February, 2007.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18,2009 (SEAL)
Approved May 29, 2007.

4357

APPALACHIAN JUDICIAL CIRCUIT- DISTRICT ATTORNEY'S INVESTIGATORS; AUTHORIZATION TO MAKE ARRESTS AND EXECUTE WARRANTS.
No. 358 (House Bill No. 782).
AN ACT
To provide that investigators appointed to assist the district attorney of the Appalachian Judicial Circuit may be authorized by the district attorney to make arrests; to provide a procedure for such written authorization; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) Subject to meeting the qualifications required by Code Section 15-18-14.1 of the Official Code of Georgia Annotated, any investigator appointed by the district attorney of the Appalachian Judicial Circuit may be authorized to make arrests, to execute and return all criminal warrants and processes, and to serve as a peace officer. (b) The authorization of any action listed in subsection (a) of this section by any such investigator shall be in writing and signed by the district attorney, and filed with each superior court clerk in the circuit. (c) Any investigator appointed by the district attorney of the Appalachian Judicial Circuit shall be subject to the requirements of Chapter 8 of Title 35, the "Georgia Peace Officer Standards and Training Act," and Code Section 15-18-21.
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

4358

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 2007 session of the General Assembly of Georgia a bill to provide that investigators appointed to assist the district attorney of the Appalachian Judicial Circuit may be authorized by the district attorney to make arrests; and for other purposes.

This 8 day of March, 2007.

Representative David Ralston 7th District

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, David Ralston, who on oath deposes and says that he is the Representative from District 7 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the News Observer which is the official organ of Fannin County on March 13,2007, and that the notice requirements of Code Section 28-1-14 have been met.

sf DAVID RALSTON David Ralston Representative, District 7

Sworn to and subscribed before me, this March 20, 2007.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to provide that investigators appointed to assist the district attorney of the Appalachian Judicial Circuit may be authorized by the district attorney to make arrests; and for other purposes.

GEORGIA LAWS 2007 SESSION This 8 day of March, 2007.

4359

Representative David Ralston, 7th District

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, David Ralston, who on oath deposes and says that he is the Representative from District 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 March 15, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

sl DAVID RALSTON David Ralston Representative, District 7

Sworn to and subscribed before me, this March 20, 2007.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to provide that investigators appointed to assist the district attorney of the Appalachian Judicial Circuit may be authorized by the district attorney to make arrests; and for other purposes.

This 8th day of March 2007.

Rep. David Ralston 7th District

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, David Ralston, who on oath deposes and says that he is the Representative from

4360

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

District 7 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Pickens County Progress which is the official organ of Pickens County on March 15, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

sf DAVID RALSTON David Ralston Representative, District 7

Sworn to and subscribed before me, this 20th day of March 2007.

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

Approved May 29, 2007.

CLINCH COUNTY- MAGISTRATE COURT; JUDGE OF PROBATE COURT TO SERVE AS CHIEF MAGISTRATE; COMPENSATION.
No. 360 (House Bill No. 206).
AN ACT
To provide that the judge of the Probate Court of Clinch County shall also serve as the chief magistrate of the Magistrate Court of Clinch County on and after January 1, 2009; to provide for the compensation of such judge for service as chief magistrate; to provide for the continuation in office and expiration of term of the current chief magistrate; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) Pursuant to subsection (g) of Code Section 15-10-20 of the Official Code of Georgia Annotated, the chief magistrate of the Magistrate Court of Clinch County shall not be separately elected for any term of office that begins on or after January 1, 2009, but on and after that date the probate judge of Clinch County shall serve as the chief magistrate of the

GEORGIA LAWS 2007 SESSION

4361

Magistrate Court of Clinch County. There shall be no election in 2008 or thereafter for the office of chief magistrate of the Magistrate Court of Clinch County. The term of office of the judge serving as chief magistrate shall be concurrent with such judges term of office as the judge of the probate court. (b) Effective January 1, 2009, in addition to any compensation received for service as judge of the Probate Court of Clinch County, the judge of the probate court who serves as chief magistrate shall receive a supplement for service as chief magistrate in an amount to be fixed by the governing authority of Clinch County. Such supplement shall not be less than the minimum amount provided by any general law of the state for additional service by a judge of the probate court as chief magistrate.

SECTION 2. The chief magistrate of the Magistrate Court of Clinch County who is serving as such on January 1, 2007, and any person selected to fill a vacancy in such office shall continue to serve as such chief magistrate for a term of office which shall expire on December 31, 2008, and, during such time period, shall continue to receive the same salary such person was receiving for performing such duties as fixed by the governing authority of Clinch County.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 2007 Session of the General Assembly of Georgia a bill (or bills) to provide for the Probate Judge of Clinch County to serve as Chief Magistrate and to provide for the number and selection of magistrates and for other purposes.
This 17th day of January, 2007.
Clinch County Board of Commissioners
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jay Shaw, who on oath deposes and says that he is the Representative from District 176 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Clinch County News which is the official organ of Clinch County on January 24, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

4362

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
s/ JAY SHAW Jay Shaw Representative, District 176

Sworn to and subscribed before me, this 25th day of January 2007.

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

Approved May 29, 2007.

COLQUITT COUNTY- BOARD OF EDUCATION; NONPARTISAN ELECTION.
No. 365 (House Bill No. 191).
AN ACT
To amend an Act relating to the Board of Education of Colquitt County, approved March 12, 1970 (Ga. L. 1970, p. 2582), as amended, so as to provide for the election of members of the Board of Education ofColquitt County in nonpartisan elections; to provide for applicability; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act relating to the Board of Education of Colquitt County, approved March 12, 1970 (Ga. L. 1970, p. 2582), as amended, is amended by adding a new section to read as follows:
"Section 2A All elections for the Board of Education of Colquitt County conducted after January 1, 2008, shall be nonpartisan elections as provided for in Code Section 21-2-139 of the O.C.G.A. Such nonpartisan elections shall be held in conjunction with the November general election immediately preceding the expiration of the term of office and conducted as provided in Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'"

GEORGIA LAWS 2007 SESSION

4363

SECTION 2. Nothing in this Act shall affect the term of office of any member of the Board of Education of Colquitt County in office on January I, 2008. The sitting members shall serve out the terms of office for which they were elected and shall be eligible to succeed themselves.

SECTION 3. The Board of Education of Colquitt County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended, no later than 60 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
State of Georgia, Colquitt County
Notice is hereby given that at the request of the Colquitt County Board of Education there will be introduced at the regular 2007 Session of the General Assembly of Georgia, a bill to provide for the election of Members of the Colquitt County Board of Education in nonpartisan elections without a prior nonpartisan primary; to provide for related matters; and for other purposes.
This lith day of January, 2007.
Trudie Hill, Chairman Colquitt County Board of Education
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. Richard Royal, who on oath deposes and says that he is the Representative from District 171 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Moultrie Observer which is the official organ of Colquitt County on January 17, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

4364

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
s/ A. RICHARD ROYAL A. Richard Royal Representative, District 171

Sworn to and subscribed before me, this 26th day of January 2007.

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

Approved May 30, 2007.

CITY OF MILNER-MAYOR AND COUNCIL; ELECTION; TERMS; QUORUM.
No. 370 (House Bill No. 488).
AN ACT
To amend an Act creating a new charter for the City of Milner, approved April 25, 1969 (Ga. L. 1969, p. 3475), as amended, so as to change certain provisions relating to the election of mayor and councilmembers; to change the term of office for the mayor and councilmembers; to clarify the manner by which a quorum is defined; 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 Milner, approved April25, 1969 (Ga. L. 1969, p. 3475), as amended, is amended by revising Section 2-3 as follows:
HSECTION 2-3. Term of Mayor.
The mayor shall take office on the first Thursday in January immediately following such mayor's election and shall serve for a term of four years and until the mayor's successor is elected and qualified.0

GEORGIA LAWS 2007 SESSION
SECTION 2. Said Act is further amended by revising Section 8-1 as follows:

4365

"SECTION 8-1. Councilmembers, Mayor to be Elected by Voters of Entire City.

All councilmembers and the mayor of the city shall be elected by the voters of the entire city, voting at large. The mayor shall be elected by a majority of the votes cast. Councilmembers shall be elected by a plurality of the votes cast."

SECTION 3. Said Act is further amended by revising Section 8-4 as follows:

"SECTION 8-4. Time of Election of Councilmembers.

(a) The councilmembers who are in office on the effective date of this Act shall serve until the expiration of their term of office for which they were elected and until their successors and elected and qualified, to wit: Councilmember Betty Wilson- November 6, 2007 Councilmember Wayne Evans- November 6, 2007 Councilmember Fred Stevens- November 6, 2007 Councilmember W.J. Morgan- November 3, 2009 Councilmember George Weldon- November 3, 2009 (b) On the Tuesday next following the first Monday in November, 2007, there shall be elected three councilmembers; and successors to the councilmembers elected in 2007 shall be elected quadrennially thereafter. On the Tuesday next following the first Monday in November, 2009, there shall be elected two councilmembers; and successors to the councilmembers elected in 2009 shall be elected quadrennially thereafter."

SECTION 4. Said Act is further amended by revising Section 8-5 as follows:

"SECTION 8-5. Time of Election of Mayor.

(a) The mayor who is in office on the effective date of this Act shall serve until the expiration of his term of office for which such mayor was elected and until such mayor's successor is elected and qualified, to wit: Joe C. Bostwick- November 3, 2009

4366

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(b) On the Tuesday next following the first Monday in November, 2009, there shall be elected a mayor; and successors to the mayor elected in 2009 shall be elected quadrennially thereafter.

SECTION 5. Said Act is further amended by revising Section 2-12 as follows:

"SECTION 2-12. Meetings; Quorum Fixed.

The mayor and council shall meet once each month at such place as is fixed by them by resolution or ordinance. The mayor may call special meetings of the council at any time deemed advisable by the mayor. Three councilmembers shall constitute a quorum."

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 2007 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Milner, approved April 25, 1969 (Ga. L. 1969, p. 3475), as amended, and for other purposes.
This 1st day of Feb., 07.
Is/ David Knight Representative David Knight !26th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, David Knight, who on oath deposes and says that he is the Representative from District 126 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Herald-Gazette which is the official organ of Lamar County on February 6, 2007, and that the notice requirements of Code Section 28-1-14 have been met.
sf DAVID KNIGHT David Knight Representative, District 126

GEORGIA LAWS 2007 SESSION
Sworn to and subscribed before me, this 13th day of February 2007.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18,2009 (SEAL)
Approved May 30, 2007.

4367

SATILLA REGIONAL WATER AND SEWER AUTHORITY- SELECTION OF MEMBERS OF AUTHORITY; VOTER IDENTIFICATION.
No. 371 (House Bill No. 743). 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 I, 2001 (Ga. L. 2001, Ex. Sess., p. 705), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3689), and by an Act approved May 5, 2006 (Ga. L. 2006, p. 4216), so as to revise the manner of selection of the members of the authority; to provide that persons voting shall use their account numbers instead of social security numbers; 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 I, 200 I (Ga. L. 200 I, Ex. Sess., p. 705), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3689), and by an Act approved May 5, 2006 (Ga. L. 2006, p. 4216), is amended by revising subsection (d) of Section 2 as follows:
"(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

4368

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

his or her full name and account 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 account number and the full name 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, of the 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 ofa 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 {I) or {2) of this subsection shall be entitled to submit one petition for nomination of a candidate, provided that such petition, to be valid, shall be accompanied by the signatures of at least 50 other account holders complying with the provisions of paragraph (I) 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 of each 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, account number, and handwritten signature of the account holder as designated in paragraphs (I) and (2) of this subsection. The election ballot shall be submitted by the authority to each account holder complying with the provisions of paragraph (I) 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, account 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

GEORGIA LAWS 2007 SESSION

4369

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:

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 2007 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, 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), and by an Act approved May 5, 2006 (Ga. L. 2006, p. 4216), so as to revise the manner of selections of the members of the authority; to provide that persons voting shall use their account numbers instead of social security numbers; to provide for related matters; and for other purposes.
This 8th day of March, 2007.
J. Mark Hatfield Georgia State Representative District 177 Room 204 Coverdell Legislative Office Building Capitol Square Atlanta, Georgia 30334 (404) 656-0109

4370

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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 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 9, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

s/ J. MARK HATFIELD J. Mark Hatfield Representative, District 177

Sworn to and subscribed before me, this 20th day of March 2007.

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

Approved May 30,2007.

PAULDING COUNTY- PAULDING COUNTY FACILITIES AND TECHNOLOGY AUTHORITY; CREATION.
No. 375 (House Bill No. 772).
AN ACT
To create the Paulding County Facilities and Technology Authority and to provide for the appointment of members of the authority and the general purpose of the authority; to define terms; to confer powers upon the authority; to authorize the issuance of revenue bonds of the authority payable from the revenues, tolls, fees, charges, and earnings of the authority, contract payments to the authority, and from other moneys pledged therefor and to authorize the collection and pledging of the revenues, tolls, fees, charges, earnings, and contract payments of the authority for the payment of such revenue bonds; to authorize the execution of resolutions and trust indentures to secure the payment of the revenue bonds of the authority and to define the rights of the holders of such obligations; to make the revenue

GEORGIA LAWS 2007 SESSION

4371

bonds of the authority exempt from taxation; to fix and provide the venue and jurisdiction of actions relating to any provisions of this Act; to provide for the validation of bonds; to provide for the separate enactment of each provision of this Act; 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. Short Title.

This Act shall be known and may be cited as the "Paulding County Facilities and Technology Authority Act."

SECTION 2. Paulding County Facilities and Technology Authority.

(a) There is hereby created a public body corporate and politic to be known as the "Paulding County Facilities and Technology Authority," which shall be deemed to be a political subdivision of the state and a public corporation, and by that name, style, and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The authority shall have perpetual existence. (b) The authority shall consist of six members as follows: the chairperson of the Paulding County board of commissioners; one member recommended by the chairperson of the Paulding County board of commissioners; and four members to be recommended, one per commissioner, by each of the other members of the Paulding County board of commissioners. All members shall be appointed by the governing authority of Paulding County for terms of three years and shall be eligible for reappointment. In case of a vacancy for an unexpired term, the governing authority of Paulding County shall, in the same manner as the original appointment, appoint a person to fill the vacancy for the remainder of the unexpired term of office. (c) The governing authority of Paulding County may provide by resolution for compensation for the services of the members of the authority in such amounts as the governing authority may deem appropriate; provided, however, that such members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. (d) The members of the authority shall elect one of their number as chairperson and another as a vice chairperson. The members of the authority shall also elect a secretary, who need not be a member of the authority, and may also elect a treasurer, who need not be a member of the authority. The secretary may also serve as treasurer. If the secretary and treasurer are not members ofthe authority, such officers shall have no voting rights. Each of such officers shall serve for a period of one year and until their successors are duly elected and qualified.

4372

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(e) Four members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the authority. (f) The general purposes of the authority shall be:
( 1) To engage in the marketing and leasing of real and personal property and the provision of technical facilities and services; (2) To encourage and promote the development of the property in and near the Paulding County courthouse and government complex and other such government facilities in Paulding County so as to promote these areas to quality business and development; (3) To make improvements to other county facilities or other county property for use as rental property or to market said property for sale and purchase; (4) To lease or sell county owned real property to qualified merchants for commercial or industrial use; and (5) To sell or lease capacity and services on county owned technology infrastructure, the income from which shall be used for the maintenance and expansion of the technology infrastructure and improvements in technology for the county government. Property, facilities, and services may be made available to the authority for such purpose by the governing authority of Paulding County or may be acquired by the authority for such purpose.

SECTION 3. Definitions.

As used in this Act, the term: (1) "Authority" means the Paulding County Facilities and Technology Authority created by this Act. (2) "Costs of the project" means and embraces the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment; financing charges; intere&t prior to and during construction and for six months after completion of construction; the cost of engineering, architectural, fiscal agents and legal expenses, plans and specifications, and other expenses necessary or incidental to determining the feasibility or practicability ofthe project; administrative expenses and such other expenses as may be necessary or incident to the financing herein authorized; working capital; and all other costs necessary to acquire, construct, add to, extend, improve, equip, operate, and maintain the project. (3) "Project" means any real property, improved or unimproved; any personal property; and any technical facilities and services and, without limiting the generality of the foregoing, in particular means and includes the planning, design, acquisition, construction, and equipping of fiber optic broad band communication cables, sleeves, and systems for the distribution and sale of broad band communication services to users and consumers, including, but not limited to, the state, counties, and municipalities, within and outside the

GEORGIA LAWS 2007 SESSION

4373

territorial boundaries of Paulding County, and additions and improvements to and extensions of such facilities and the operation and maintenance of same. (4) "Revenue Bond Law" means the Revenue Bond Law of the State of Georgia (codified at O.C.G.A. Section 36-82-62 et seq., as amended), or any other similar law hereinafter enacted. (5) "Revenue bonds" means revenue bonds authorized to be issued pursuant to this Act. (6) "Self-liquidating" means any project which the revenues and earnings to be derived by the authority therefrom, including but not limited to any contractual payments with governmental or private entities, and all properties used, leased, and sold in connection therewith, together with any grants, will be sufficient to pay the costs of operating, maintaining, and repairing the project and to pay the principal and interest on the revenue bonds or other obligations which may be issued for the purpose of paying the costs of the project. (7) "State" means the State of Georgia.

SECTION 4. Powers.

The authority shall have the power: (I) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, gift, condemnation, or otherwise, and to hold, operate, maintain, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights or easements therein, or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue, and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the authority, the authority being under no obligation to accept and pay for any property condemned under this Act, except from the funds provided under the authority of this Act, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceedings as may be just to the authority and to the owners of the property to be condemned, and no property shall be acquired under the provisions of this Act upon which any lien or encumbrance exists, unless at the time such property is so acquired a sufficient sum of money is to be deposited in trust to pay and redeem the fair value of such lien or encumbrance; (4) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and fix their respective compensations;

4374

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(5) To execute contracts, leases, installment sale agreements, and other agreements and instruments necessary or convenient in connection with the acquisition, construction, addition, extension, improvement, equipping, operation, or maintenance of a project; and any and all persons, firms and corporations, and Paulding County, are hereby authorized to enter into contracts, leases, installment sale agreements, and other agreements or instruments with the authority upon such terms and for such purposes as they deem advisable and as they are authorized by law; (6) To acquire, construct, add to, extend, improve, equip, hold, operate, maintain, lease, and dispose of projects; (7) To pay the costs of the project with the proceeds of revenue bonds or other obligations issued by the authority or from any grant or contribution from the United States of America or any agency or instrumentality thereof or from the state or any agency or instrumentality or other political subdivision thereof or from any other source whatsoever; (8) To accept loans or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may require; (9) To accept loans or grants of money or materials or property of any kind from the state or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the state or such agency or instrumentality or political subdivision may require; (10) To borrow money for any of its corporate purposes and to issue revenue bonds, and to provide for the payment of the same and for the rights of the holders thereof; (ll) To exercise any power usually possessed by private corporations performing similar functions, including the power to incur short-term debt and to approve, execute, and deliver appropriate evidence of any such indebtedness; and (12) To do all things necessary or convenient to carry out the powers expressly given in this Act.

SECTION 5. Revenue bonds.

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

GEORGIA LAWS 2007 SESSION

4375

and may be redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution for the issuance of such revenue bonds.

SECTION 6. Same; form; denomination; registration; place of payment.

The authority shall determine the form of the revenue bonds and shall fix the denomination or denominations of the revenue bonds. The revenue bonds may be issued in coupon or registered form, or both, as the authority may determine, and provision may be made for registration and exchangeability privileges. The authority shall fix the place or places of payment of principal and interest thereon.

SECTION 7. Same; signatures; seal.

All such revenue bonds shall bear the manual or facsimile signature of the chairperson or vice chairperson of the authority and the attesting manual or facsimile signature of the secretary, assistant secretary, or secretary-treasurer of the authority, and the official seal of the authority shall be impressed or imprinted thereon. Any coupons attached thereto shall bear the manual or facsimile signatures of the chairperson or vice chairperson and the secretary, assistant secretary, or secretary-treasurer of the authority. Any revenue bonds or coupons attached thereto may bear the manual or facsimile signature of such persons as at the actual time of the execution of such revenue bonds or coupons shall be duly authorized or hold the proper office, although at the date of issuance of such revenue bonds such person may not have been so authorized or shall not have held such office. In case any officer whose signature shall appear on any revenue bond or any coupon shall cease to be such officer before the delivery of such revenue bond, such signature shall nevertheless be valid and sufficient for all purposes, the same as if that person had remained in office until such delivery.

SECTION 8. Same; negotiability; exemption from taxation.

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

4376

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 9. Same; sale; price; proceeds.

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

SECTION 10. Same; interim receipts and certificates or temporary bonds.

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

SECTION 11. Same; replacement of lost or mutilated bonds.

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

SECTION 12. Same; conditions precedent to issuance.

The authority shall adopt a resolution authorizing the issuance of the revenue bonds. In the resolution, the authority shall determine that the project financed with the proceeds of the revenue bonds is self-liquidating. Revenue bonds may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions, and things which are specified or required by this Act. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the authority by a majority of its members.

SECTION 13. Credit not pledged.

Revenue bonds shall not be deemed to constitute a debt of Paulding County, nor a pledge of the faith and credit of the county, but such revenue bonds shall be payable solely from the fund provided for in this Act. The issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the county to levy or to pledge any form of taxation

GEORGIA LAWS 2007 SESSION

4377

whatsoever for payment of such revenue bonds or to make any appropriation for their payment, and all such revenue bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. Notwithstanding the foregoing provisions, this Act shall not affect the ability of the authority and any political subdivision or municipality to enter into an intergovernmental contract pursuant to which the political subdivision or municipality agrees to pay amounts sufficient to pay operating charges and other costs of the authority or any project including, without limitation, the principal of and interest on revenue bonds in consideration for services or facilities of the authority.

SECTION 14. Trust indenture as security.

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

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

In the resolution providing for the issuance of revenue bonds or in the trust indenture, the authority shall provide for the payment of the proceeds of the sale of the revenue bonds to any officer or person who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes thereof, subject to such regulations as this Act and such resolution or trust indenture may provide.

SECTION 16. Sinking fund.

The moneys received pursuant to an intergovernmental contract and the revenues, fees, tolls, charges, and earnings derived from any particular project or projects, regardless of whether or not such revenues, fees, tolls, fines, charges, and earnings were produced by a particular project for which revenue bonds have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance of the revenue bonds or in the trust indenture may provide, and such funds so pledged from whatever source

4378

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

received shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund, which sinking fund shall be pledged to and charged with the payment of:
(1) The interest upon such revenue bonds as such interest shall fall due; (2) The principal or purchase price of such revenue bonds as the same shall fall due; (3) Any premium upon such revenue bonds as the same shall fall due; (4) The purchase of such revenue bonds in the open market; and (5) The necessary charges of the paying agent for paying principal and interest. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another.

SECTION 17. Remedies of bondholders.

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

SECTION 18. Validation.

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

GEORGIA LAWS 2007 SESSION

4379

conclusive with respect to such revenue bonds and the security for the payment thereof and interest thereon and against the authority and all other defendants.

SECTION 19. Venue and jurisdiction.

Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such authority shall be brought in the Superior Court of Paulding County, Georgia, and any action pertaining to validation of any revenue bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions.

SECTION 20. Interest of bondholders protected.

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

SECTION 21. Moneys received considered trust funds.

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

SECTION 22. Rates, charges, and revenues; use.

The authority is hereby authorized to prescribe and fix rates and to revise same from time to time and to collect revenues, tolls, fees, and charges for the services, facilities, and commodities furnished and, in anticipation ofthe collection of the revenues, to issue revenue bonds or other types of obligations as herein provided to finance, in whole or in part, the costs of the project, and to pledge to the punctual payment of said revenue bonds or other obligations all or any part of the revenues.

4380

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 23. Rules, regulations, service policies, and
procedures for operation of projects.

It shall be the duty of the authority to prescribe or cause to be prescribed rules, regulations, service policies, and procedures for the operation of any project or projects constructed or acquired under the provisions of this Act. The authority may adopt bylaws.

SECTION 24. Tort immunity.

To the extent permitted by law, the authority shall have the same immunity and exemption from liability for torts and negligence as Paulding 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 Paulding County, when in the performance of their public duties or the work of the county.

SECTION 25. Tax-exempt status of the authority.

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

SECTION 26. Effect on other governments.

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

SECTION 27. Liberal construction of Act.

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

GEORGIA LAWS 2007 SESSION
SECTION 28. Severability; effect of partial invalidity of Act.

4381

The prov1s10ns of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.

SECTION 29. Effective date.

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

SECTION 30. Repeal.

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 2007 session of the General Assembly of Georgia a bill to create the Paulding County Facilities and Technology Authority, to provide for the membership, powers, duties, operations, and affairs of the board; to provide for related matters; and for other purposes.
This 9th day of February, 2007.
Representative Glenn Richardson 19th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Glenn Richardson, who on oath deposes and says that he is the Representative from District 19 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Dallas New Era which is the official organ of Paulding County on February 15, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

4382

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

sf GLENN RICHARDSON Glenn Richardson Representative, District 19

Sworn to and subscribed before me, this 27th day of February 2007.

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

Approved May 30, 2007.

PAULDING COUNTY- BOARD OF ELECTIONS AND REGISTRATION; CREATION.
No. 376 (House Bill No. 773).
AN ACT
To create a board of elections and registration for Paulding County and to provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers ofpowers and duties and to provide for the transfer of functions to the newly created board; to provide for certain expenditures of public funds; to provide for compensation ofmembers ofthe board and personnel; to provide for offices and equipment; to provide for the boards performance of certain functions and duties for certain municipalities; to provide for related matters; to provide for submission for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Pursuant to subsection (b) of Code Section 21-2-40 of the O.C.G.A., there is created the Board of Elections and Registration of Paulding County, hereinafter referred to as "the board." The board shall have the powers, duties, and responsibilities of the judge of the

GEORGIA LAWS 2007 SESSION

4383

probate court of Paulding County under Chapter 2 of Title 21 of the O.C.G .A., the "Georgia Election Code," and the powers, duties, and responsibilities of the board of registrars of Paulding County under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."

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

SECTION 3. (a) The board shall be composed of five members who shall be appointed as provided in this section. (b) Three members of the board shall be appointed by the Paulding County board of commissioners. If a majority of the members of the Paulding County board of commissioners are affiliated with a political party, at least one of the three members so appointed shall be affiliated with a different political party. (c) One member of the board shall be appointed by majority vote of the Paulding County probate judge, clerk of superior court, sheriff, and tax commissioner. (d) One member shall be appointed by majority vote of the Paulding County legislative delegation in the General Assembly, which for this purpose shall consist of each member of the General Assembly whose legislative district includes any part of Paulding County. (e) All appointments to the board shall be promptly certified by the appointing authority to the clerk of the Superior Court of Paulding County. (f) The initial appointees to the board shall take office on July I, 2007. Each initial member shall serve a term of office beginning on July I, 2007, and ending on June 30, 2011. Thereafter, all members shall be appointed to serve four-year terms of office beginning July I, 2011, and quadrennially thereafter. (g) The Paulding County board of commissioners shall designate one of its appointees to serve as chairperson of the board. Such chairperson shall preside over all meetings of the board and shall be entitled to vote on all matters coming before the board.

SECTION 4. There shall be an election supervisor who shall generally direct and control the administration of the affairs of the board pursuant to law and duly adopted resolutions of the board. The election supervisor shall not be a member of the board. The appointment of the supervisor shall be made by the board of commissioners, which will consider the recommendation ofthe board ofelections and registration. The supervisor shall be appointed and removed by the board of commissioners in the same manner as department heads. The compensation of such election supervisor shall be established by the board ofcommissioners

4384

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

in the same manner as department heads. The election supervisor shall provide daily employee supervision, serve as staff support for the board, attend all meetings of the board, carry out the duties of voter registration and elections as required by law, and be a full-time employee of Paulding County.

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

SECTION 6. (a) The appointing authority shall certify the appointment of each member of the board by filing a certificate with the clerk of the superior court no later than 30 days preceding the date upon which such members are to take office, stating the name and residential address of the person appointed and certifying such member has been duly appointed as provided in this Act. (b) The clerk of the superior court shall record each of such certifications on the minutes of the superior court and shall certify the name of each such appointed member to the Secretary of State and provide for the issuance of appropriate commissions to the members within the same time and in the same manner as provided by law for registrars.

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

SECTION 8. (a) The first members of the board under this Act shall be appointed as provided in this Act to take office on July I, 2007. The board shall take no official action until all members have been certified to the clerk of the Superior Court of Paulding County. (b) Before entering upon the member's duties, each member shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest.

GEORGIA LAWS 2007 SESSION

4385

SECTION 9. (a) No person who holds elective public office shall be eligible to serve as a member of the board during the term of such elective office, and the position of any member of the board shall be deemed vacant upon such member's qualifying as a candidate for elective public office. (b) Members of the board must be residents of Paulding County and must have been registered voters in Paulding County for a period of at least one year prior to the date of appointment to the board.

SECTION 10. The board shall have the authority to contract with any municipality or governmental authority located within Paulding County for the holding by the board of any primary or election to be conducted within such municipality or governmental authority. The full costs of any such election shall be paid for by the requesting municipality or governmental authority along with a fee established by the board to offset operational costs of the office of the Paulding County Board of Elections and Registration.

SECTION 11. (a) The board shall be authorized and empowered to organize itself, elect from among its members a vice chairperson, determine its procedural rules and regulations, adopt bylaws, specify the functions and duties of its employees, and otherwise take such action as is appropriate to the management of its affairs; provided, however, that no such action shall conflict with state law. (b) Action and decision by the board shall be by a majority of the members of the board.

SECTION 12. (a) The board shall fix and establish, by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. The board shall hold meetings at such place or places as may be designated for that purpose by the Paulding County board of commissioners. Any specially called meetings held pursuant to the bylaws adopted by the board shall be held only after notification of the time and place of the holding of such special meeting has been communicated in writing to the election supervisor to provide public notice of the meeting as required by law. All meetings of whatever kind of the board shall be conducted pursuant to Chapter 14 of Title 50 of the O.C.G.A. (b) The board shall maintain a written record of policy decisions amended to include additions or deletions. Such written records shall be made available for the public to review pursuant to Article 4 of Chapter 18 of Title 50 of the O.C.G.A.

4386

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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

SECTION 14. (a) The board may employ, subject to funding by the Paulding County Board of Commissioners, additional clerical assistants as needed to efficiently carry out the duties and functions of the board on either an independent contract basis or as county employees entitled to all benefits as other county employees, to be determined by the board of commissioners. The compensation of all clerical assistants shall be established by the board of commissioners in the same manner as for other county employees. Any such assistants shall be at-will employees of the board of commissioners. (b) The board of commissioners, at their legislative discretion, shall provide suitable offices and equipment and funding sufficient to employ the staff and other employees as may be necessary.

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

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

SECTION 17. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval for purposes of making initial appointments to the board only. This Act shall become fully effective on July I, 2007. Upon this Act becoming fully effective or upon such later date determined by the board of commissioners, the superintendent of elections of Paulding County and the board of registrars of Paulding County shall be relieved of all powers and duties to which the board succeeds by the provisions of this Act and shall deliver to the board all equipment, supplies, materials, books, papers, records, and facilities pertaining to such powers and duties. Nothing contained in this section is intended to prevent the following from taking place prior to July 1, 2007: appointment of members of the board; the hiring of an election supervisor; the hiring of clerical staff; or any necessary training for the members of the board, the election supervisor, and clerical assistants.

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

GEORGIA LAWS 2007 SESSION

4387

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to create the Paulding County Board of Elections and Registration, to provide for the membership, powers, duties, operations, and affairs of the board; to provide for related matters; and for other purposes.

This 9th day of February, 2007

Representative Glenn Richardson 19th District

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Glenn Richardson, who on oath deposes and says that he is the Representative from District 19 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Dallas New Era which is the official organ of Paulding County on February 15, 2007, and that the notice requirements of Code Section 28-1-14 have been met.

s/ GLENN RICHARDSON Glenn Richardson Representative, District 19

Sworn to and subscribed before me, this 27th day of February 2007.

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

Approved May 30, 2007.

HOME RULE ORDINANCES
OF COUNTIES
AND CONSOLIDATED GOVERNMENTS

GEORGIA LAWS 2007 SESSION
CLAYTON COUNTY- PUBLIC EMPLOYEE RETIREMENT SYSTEM; AMENDMENTS.

4391

STATE OF GEORGIA COUNTY OF CLAYTON

ORDINANCE NO. 2006-38

AN ORDINANCE ADOPTED UNDER THE HOME RULE POWERS GRANTED TO CLAYTON COUNTY PURSUANT TO ARTICLE IX, SECTION II, PARAGRAPH i OF THE CONSTITUTION OF THE STATE OF GEORGIA OF 1983, AMENDING THE CLAYTON COUNTY CODE OF ORDINANCES, SPECIFICALLY RELEVANT SECTIONS OF THE CLAYTON COUNTY, GEORGIA PUBLIC EMPLOYEE RETIREMENT SYSTEM, TO ESTABLISH A QUALIFIED GOVERNMENTAL EXCESS BENEFIT ARRANGEMENT PURSUANT TO THE PROVISIONS OF SECTION 415(m) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, FOR CLAYTON COUNTY WATER AUTHORITY PARTICIPANTS; TO INCREASE THE EMPLOYEE CONTRIBUTION OBLIGATION UNDER THE PLAN; TO PROVIDE A MINIMUM BENEFIT FOR CERTAIN RETIREES AND BENEFICIARIES; TO REDUCE THE MANDATORY CASH-OUT LIMIT UNDER THE PLAN FROM $5,000 TO $1,000; TO PROVIDE COST-OF-LIVING ADJUSTMENTS TO CERTAIN RETIREES AND BENEFICIARIES; TO PROVIDE FOR SEVERABILITY; TO REPEAL CONFLICTING LAWS, ORDINANCES AND RESOLUTIONS; TO PROVIDE AN EFFECTIVE DATE OF THIS ORDINANCE; AND FOR OTHER PURPOSES.

WHEREAS, Clayton County and the Clayton County Water Authority maintain the Clayton County, Georgia Public Employee Retirement System (Pension Plan) (the "Plan") by an Act of the General Assembly of the State of Georgia, which originally became effective as of July I, 1971;

WHEREAS, the Plan was last amended by Ordinance No. 2004-195 of the Clayton County Code of Ordinances; and

WHEREAS, the Board of Commissioners now desires to amend the Plan to establish a qualified governmental excess benefit arrangement pursuant to the provisions of Section 415(m) of the Internal Revenue Code of 1986, as amended, for Clayton County Water Authority participants; to increase the employee contribution obligation under the Plan; to provide a minimum benefit for certain retirees and beneficiaries; to reduce the mandatory cash-out limit under the Plan from $5,000 to $1 ,000; and to provide cost-of-living adjustments to certain retirees and beneficiaries.

4392

COUNTY HOME RULE ORDINANCES

BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF CLAYTON COUNTY AND IT IS HEREBY ORDAINED:

Section I. By the authority granted to Clayton County pursuant to Article IX, Section II, Paragraph I of the Constitution of the State of Georgia of 1983, the Board of Commissioners hereby amends the Clayton County Code of Ordinances, as amended, by amending the Plan in the following particulars:

1. By adding, effective July 1, 2006, the following new Appendix E:

"APPENDIX E EXCESS BENEFIT ARRANGEMENT

SECTION 1 APPLICATION AND PURPOSE

Effective as of July 1, 2006, the excess benefit arrangement described in this Appendix E (the "Arrangement") is established as a qualified governmental excess benefit arrangement pursuant to the provisions of Code Sectio'1415(m). The Arrangement is a separate portion of the Plan and is maintained exclusively by the Clayton County Water Authority solely for the purpose of providing to certain Participants who were Employees of the Clayton County Water Authority ("Water Authority Participants") that part of the Water Authority Participant's pension benefit that is otherwise payable under the terms of the Plan that exceeds the limitations on benefits imposed by Code Section 415, which limitations are described in Appendix A. Except as otherwise provided in this Appendix E or unless the terms and conditions are inconsistent with the purpose of the Arrangement or otherwise inapplicable, the terms and conditions contained in the Plan shall apply to the Arrangement.

SECTION 2 ELIGIBILITY AND PARTICIPATION

A Water Authority Participant (or, if applicable, his Beneficiary) shall be eligible to participate in the Arrangement if, as of his annuity starting date, his annual pension benefit under the Plan exceeds the limitations on benefits imposed by Code Section 415. For purposes of the Arrangement, an eligible Water Authority Participant (or, if applicable, his Beneficiary) shall be hereinafter referred to as an "Affected Participant." An Affected Participant's participation in the Arrangement shall continue for as long as the Affected Participant's annual pension benefit under the Plan is reduced by the application of the limitations on benefits imposed by Code Section 415.

GEORGIA LAWS 2007 SESSION
SECTION 3. EXCESS BENEFIT

4393

(a) Amount ofExcess Benefit. The excess benefit payable to an Affected Participant under this Appendix E (an "Excess Benefit") shall be a monthly amount equal to the difference between:
(i) the monthly amount of the pension benefit to which the Affected Participant would have been entitled under the Plan if such pension benefit were computed without giving effect to the limitations on benefits imposed by application of Code Section 415; less
(ii) the monthly amount of the pension benefit actually payable to the Affected Participant under the Plan.

In no event shall an Affected Participant receive a total monthly pension benefit from the Plan and the Arrangement in excess of the monthly pension benefit he would have been entitled to receive from the Plan without giving effect to the limitations on benefits imposed by Code Section 415.

(b) Form ofExcess Benefit. The Excess Benefit payable to the Affected Participant shall be paid in the same form, and under the same terms and under the Plan. Consequently, the Affected Participant's benefit payment election under Section 4, 6 or 7 of the Plan, as applicable, shall be applicable to the payment of the Affected Participant's Excess Benefit.

(c) Commencement of Excess Benefit. Payment of the Excess Benefit to an Affected Participant shall commence on the same date as the payment of the pension benefit to the Participant commences under the Plan. Consequently, any benefit payment election under Section 4, 6 or 7 of the Plan, as applicable, made by the Affected Participant with respect to the commencement of payment of his pension benefit under the Plan shall also be applicable with respect to the commencement ofpayment ofhis Excess Benefit under this Arrangement.

SECTION 4. FUNDING OF THE ARRANGEMENT

(a) The Clayton County Water Authority shall contribute to the Arrangement such amounts as are determined by the Actuary to be necessary to fund the Excess Benefits provided to Affected Participants each Plan Year under the Arrangement. The Clayton County Water Authority shall make contributions to the Arrangement in an amount necessary to satisfy the obligation to pay Affected Participants the amount calculated pursuant to Section 3 of this Appendix E, as those amounts come due, and may include amounts needed to pay reasonable and necessary expenses of administering the Arrangement. Contributions may not be accumulated under the Arrangement to pay monthly Excess Benefits for any succeeding Plan Year.

4394

COUNTY HOME RULE ORDINANCES

(b) The Clayton County Water Authority shall pay benefits payable under the Arrangement out ofthe general assets ofthe Clayton County Water Authority. Contributions made to provide the Excess Benefits pursuant to the Arrangement shall not be commingled with any other assets of the Fund. No Excess Benefits shall be paid from the Plans Fund. For administrative purposes, the amount necessary to pay Excess Benefits under this Arrangement may be deposited in a separate account, which shall be separate and apart from the Fund, maintained only for the Arrangement. In the alternative, the Clayton County Water Authority may establish a grantor trust for the benefit of Affected Participants and their Beneficiaries. In such case, the Clayton County Water Authority shall be treated as grantor for the trust for purposes of Code Section 677.

(c) The rights of any person to receive Excess Benefits under the Arrangement are limited to those of a general creditor of the Clayton County Water Authority. Under no circumstances shall Clayton County or any other person other than the Clayton County Water Authority be responsible or liable to any person for funding or paying any Excess Benefits that are payable or due under the Arrangement.

(d) No election shall be provided to the Affected Participant (directly or indirectly) to defer compensation under the Arrangement. No contributions or deferrals by Affected Participants shall be made or allowed under the Arrangement.

SECTION 5 ADMINISTRATION OF THE ARRANGEMENT

(a) The Plan Administrator is responsible for the administration of this Arrangement. Except as otherwise provided in this Appendix E, the Plan Administrator has the same rights, duties, and responsibilities concerning the Arrangement as it has to the Plan and may adopt rules and procedures necessary to administer this Arrangement in accordance with Code Section 415(m). Except as otherwise provided in this Appendix E, the Arrangement shall be administered in the same manner as the Plan.

(b) All administrative expenses of the Arrangement shall be paid by the Clayton County Water Authority.

(c)

SECTION 6 AMENDMENT AND TERMINATION OF THE ARRANGEMENT

(a) Subject to applicable state Jaw to the contrary, the Board of Commissioners reserves the right to amend or terminate the Arrangement at any time; provided, however, that such

GEORGIA LAWS 2007 SESSION

4395

amendment or termination shall not adversely affect a benefit to which an Affected Participant (or, if applicable, his Beneficiary) is entitled to under the Arrangement prior to the effective date of such amendment or termination. Notwithstanding the foregoing, such amendment or termination may be retroactive to the extent the Board of Commissioners deems such action necessary to maintain the tax-qualified status of the Plan under Code Section 401 (a) or the status of this Arrangement as a qualified governmental excess benefit arrangement under Code Section 415(m).

(b) Subject to the foregoing and to applicable state law to the contrary, the Clayton County Water Authority shall have the right to terminate the Arrangement by resolution of its appropriate governing body."

2. By deleting, effective for the first payroll period beginning on or after July 1, 2006, the existing Section 3.2 and substituting therefor the following:

"3.2 Five and one-half percent (5 112%) of the Compensation, as defined in Section 1.10(a) above, of every Participant will be deducted by the Plan Sponsor and will be transferred to the Fund as soon as administratively feasible after deduction. The contributions required by this Section are mandatory and the Participant does not have the option to receive such contributions in cash. Although such contributions are designated as Participant contributions, the contributions will be 'picked up' by the Plan Sponsor as described in Code Section 414(h)(2) and will be treated as being paid by the Plan Sponsor in lieu of contributions by Participants in determining tax treatment under Code Section 414(h)(2)."

3. By adding, effective July 1, 2006, the following new Section 5.7:

"5.7 Minimum Benefit. Effective as of July 1, 2006, any Participant, qualifying spouse or Beneficiary receiving a monthly benefit under any provision of the Plan of less than $300 as of July 1, 2006 (determined after the four percent (4%) cost-ofliving adjustment provided pursuant to Section 2C of Appendix C), shall receive a minimum monthly pension benefit of $300 for the remainder of his benefit payment period and, if applicable, the benefit payment period for any survivor benefit available under the form of payment elected by the Participant."

4. By deleting, effective January 1, 2006, the existing Section 6.4(b) and substituting therefor the following:

"(b) ifthe Actuarial Equivalent ofa Participant's vested Accrued Benefit exceeds $1,000, it shall not be distributed prior to the Participant's Normal Retirement Age without the written consent of the Participant."

4396

COUNTY HOME RULE ORDINANCES

5. By deleting, effective July 1, 2005, the existing Section 6.8 in its entirety.

6. By deleting, effective January I, 2006, the existing second to last sentence of Section 7.3 and substituting therefor the following:

"Notwithstanding the foregoing, if the Actuarial Equivalent of a Participant's vested Accrued Benefit is not more than $5,000, payment shall be made within a reasonable period of time after the end of the Plan Year in which the Participant terminates employment, provided that, if the Actuarial Equivalent of the Participant's vested Accrued Benefit exceeds $1,000, payment will not be made to the Participant prior to the Participant's Normal Retirement Age without the written consent of the Participant."

7. By deleting, effective July I, 2006, the existing Section 14 and substituting therefor the following:

"SECTION 14 INCORPORATION OF SPECIAL LIMITATION

Appendices A, B, C, D and E to the Plan attached hereto are hereby incorporated by reference and the provisions of the same shall apply notwithstanding anything to the contrary herein."

8. By deleting, effective July 1, 2006, the existing Section 1(a) of Appendix A and substituting therefor the following:

"(a) Notwithstanding any other provision of the Plan, in no event shall the annual pension benefit of a Participant, determined as of his annuity starting date, attributable to Plan Sponsor contributions exceed $175,000. The $175,000 limit shall be subject to adjustment in accordance with regulations issued by the Secretary of the Treasury or other applicable provision oflaw, provided that any adjustment to the $175,000 limit shall be effective as of January 1 of each calendar year and shall be applicable with respect to the limitation year ending with or within each calendar year."

9. By deleting the existing Section I of Appendix Band substituting therefor the following:

"SECTION 1 APPOINTMENT OF PLAN ADMINISTRATOR.

The Plan Administrator shall be the Clayton County Pension Board (the "Pension Board"). The Pension Board shall consist of five (5) members, one of whom shall be the Chairman of the Clayton County Water Authority, or his designee (in which case, the

GEORGIA LAWS 2007 SESSION

4397

person so designated shall serve at the pleasure of said Chairman); one of whom shall be the Chairman of the Board of Commissioners, or his designee (in which case, the person so designated shall serve at the pleasure of said Chairman); one of whom shall be the Director of the Clayton County Civil Service System; one of whom shall be the Director of Finance/Comptroller of Clayton County; and the fifth member of the Pension Board shall be selected by and appointed to the Pension Board by the four (4) enumerated members, said fifth member to be a resident of Clayton County, not less than 25 years of age, not in the employ of the State of Georgia, any County or Municipal government, and experienced in business or professional work. In the case of a tie, the Senior Judge of the Clayton County Judicial Circuit shall appoint the fifth member. Such fifth member shall serve for a term of four (4) years or until his successor is selected and qualified. The fifth member may succeed himself on the Pension Board. Other Pension Board members shall serve on the Pension Board by virtue of their elected or appointed positions. The members of the Pension Board shall serve without compensation with the exception of the member at large being the fifth member selected to the Pension Board by the four (4) enumerated members. The member at large shall receive a compensatory fee in the amount of$250.00 per meeting, not to exceed $250.00 per quarter to be paid out of the funds of the Pension Plan. Nothing contained herein shall prohibit any member of the Pension Board from receiving reimbursement for reasonable expenses necessarily incurred during the course of authorized Pension Board business. Such expenses shall be reimbursed under the same circumstances and in the same manner as other County employees receive for authorized County related expenses."

10. By deleting, effective July 1, 2006, the existing Section 2 of Appendix C and substituting therefor the following:

"SECTION 2. INCREASES IN RETIREMENT BENEFITS

A. First Adjustment

(a) The pension benefits for an eligible retiree (a 'Participant') who retired under the Plan on or before January 1, 1992 shall be increased effective January 1, 1994. The level of increase for each Participant, qualifying spouse or Beneficiary shall be equal to one percent (1 %) for every full year completed from the date of retirement up to and including January 1, 1994.

(b) Effective January 1, 1994, any Participant, qualifying spouse or Beneficiary receiving a benefit under any provision of the Plan as of June 30, 1992, and who is still receiving a pension on January 1, 1994, shall receive a one time cost-of-living adjustment ('COLA') to his benefit. The amount of the one-time COLA shall be equal to one percent ( 1%) of the

4398

COUNTY HOME RULE ORDINANCES

number of full years such person's benefit has been in pay status as of December 31, 1993. In determining the number of full years the benefit of a Beneficiary under either of the optional forms of benefit under Section 6.0l(a) or 6.0l(b) of the Plan has been in pay status, the benefit commencement date shall be the date the Participant's benefit commenced, not the date the Beneficiary's benefit commenced.

(c) Notwithstanding anything to the contrary in this Section 2, references to the Plan and to defined terms are references to those provisions of the Plan and defined terms in effect as of January 1, 1992.

B. Second Adjustment

(a) The pension benefits for an eligible retiree (a 'Participant') who retired under the Plan before January 1, 1996 shall be increased effective August 1, 1997. The level of increase for each Participant, qualifying spouse or Beneficiary shall be equal to two dollars ($2.00) per month for every full year of credited service at the time of retirement.

(b) Notwithstanding anything to the contrary in this Section 2, references to the Plan and to defined terms are references to those provisions of the Plan and defined terms in effect as of January 1, 1992.

C. Third Adjustment

Effective July 1, 2006, any Participant, qualifying spouse or Beneficiary receiving a benefit under any provision of the Plan as of January 1, 2001, and who is still receiving a pension on July 1, 2006, shall receive a one time cost-of-living adjustment to his benefit. The amount of the one-time cost-of-living adjustment shall be equal to four percent (4%) of the benefit then being paid to the eligible Participant, surviving spouse or Beneficiary, including any prior cost-of-living adjustments.

D. Fourth Adjustment

Effective on and after July 1, 2006, certain periodic retirement benefit payments that become payable to a Participant, qualifying spouse or Beneficiary shall be increased by an annual cost-of-living adjustment in accordance with this section.

(a) Effective on and after July, 1, 2009, any Participant, qualifying spouse or Beneficiary who is then receiving or subsequently receives a monthly benefit in the form of the Normal Fund Payment and, in combination with a Participant with respect to whom the benefit is derived (if applicable), has received a monthly benefit for at least the preceding eighty-four (84) months shall receive an automatic cost-of-living adjustment to his monthly benefit

GEORGIA LAWS 2007 SESSION

4399

each July 1, beginning with the July 1 immediately following the month for which the Participant, qualifying spouse or Beneficiary receives his eighty-fourth (84th) monthly benefit payment. The amount of the cost-of-living adjustment for each Plan Year shall be equal to two percent (2%) of the benefit payable to the eligible Participant, qualifying spouse or Beneficiary, including any prior cost-of-living adjustments.

(b) Any Participant, qualifying spouse or Beneficiary receiving a monthly benefit in an alternate form of payment provided under Section 6.2(b) of the Plan that commenced prior to July 1, 2006, shall have his remaining monthly benefit payments adjusted such that his benefit, taking into account all future cost-of-living adjustments, is the Actuarial Equivalent to the benefit that the Participant, qualifying spouse or Beneficiary would have received under theNormal Fund Payment as adjusted for cost-of-living increases in accordance with subsection (a) above.

(c) Any Participant, qualifying spouse or Beneficiary who elects to receive a monthly benefit in an alternate form of payment provided under Section 6.2(b) of the Plan that commences on or after July 1, 2006, shall have his monthly benefit adjusted such that his benefit, taking into account all future cost-of-living adjustments, is the Actuarial Equivalent to the benefit that the Participant, qualifying spouse or Beneficiary would have received under theNormal Fund Payment as adjusted for cost-of-living increases in accordance with subsection (a) above."

Section II. In the event any section, paragraph, subpart, sentence, clause, phrase or word of this Ordinance shall be declared or adjudged unconstitutional or invalid by any Court, such declaration or adjudication shall not affect the remaining portions of this Ordinance which shall remain in full force and effect as if the portions declared invalid or unconstitutional had never been enacted into law.

Section Ill. All laws, ordinances or resolutions, or parts thereof, in conflict with provisions of this Ordinance are hereby repealed.

Section IV. This Ordinance shall become effective as of the dates provided herein upon its approval by the Board ofCommissioners after the second reading ofthe Ordinance, provided the same receives an affirmative vote of three or more members, and provided further that a copy of the Ordinance has been published in the official organ of Clayton County and filed with the Secretary of the State of Georgia as required by law.

SO ORDAINED, this 4th day of April, 2006.

4400

COUNTY HOME RULE ORDINANCES CLAYTON COUNTY BOARD OF COMMISSIONERS

sf ELDRIN BELL Eldrin Bell, Chairman

sf J. CHARLEY J. Charley Griswell, Vice Chairman

sf VIRGINIA BURTON GRAY Virginia Burton Gray, Commissioner

sf CARL RHODENIZER Carl Rhodenizer, Commission

ATTEST:

sf WOLE RALPH Wole Ralph, Commissioner

sf SHELBY D. HAYWOOD Shelby D. Haywood, Clerk

ORDINANCE 2006-38

The first reading of the above and foregoing Ordinance was held at the Regular Business Meeting of the Board of County Commissioners of Clayton County on March 21, 2006 with the following members present and voting in favor of same: Chairman Eldrin Bell, Vice Chairman J. Charley Griswell, Commissioner Virginia Burton Gray, and Commissioner Carl Rhodenizer.

sf SHELBY D. HAYWOOD Shelby D. Haywood, Clerk Clayton County Board of Commissioners

The second reading of the above and foregoing Ordinance was held at the Regular Business Meeting of the Board of County Commissioners of Clayton County on April 4, 2006 with the following members present and voting in favor of same: Chairman Eldrin Bell, Vice Chairman J. Charley Griswell, Commissioner Virginia Burton Gray, Commissioner Carl Rhodenizer, and Commissioner Wole Ralph.

GEORGIA LAWS 2007 SESSION
s/ SHELBY D. HAYWOOD Shelby D. Haywood, Clerk Clayton County Board of Commissioners

4401

Having been read during the Regular Business Meetings of the Board of Commissioners of Clayton County on March 21, 2006 and April4, 2006, Ordinance 2006-38 was adopted at the Regular Business Meeting of April 4, 2006. The following members were present on April 4, 2006 and voted in favor of Ordinance 2006-38: Chairman Eldrin Bell, Vice Chairman J. Charley Griswell, Commissioner Virginia Burton Gray, Commissioner Carl Rhodenizer, and Commissioner Wole Ralph.

ATTEST:

s/ SHELBY D. HAYWOOD Shelby D. Haywood, Clerk Clayton County Board of Commissioners

s/ SHELBY D. HAYWOOD Shelby D. Haywood Clerk of the Commission (SEAL)

CLERK'S CERTIFICATION

I, SHELBY D. HAYWOOD, the duly appointed, qualified, and acting Clerk of the Board of Commissioners of Clayton County, Georgia (the "County"), DO HEREBY CERTIFY that the foregoing pages of typewritten matter constitute true and correct copies of an ordinance adopted on April 4, 2006, by the Board of Commissioners of the County in a meeting duly called and assembled in accordance with applicable laws and with the procedures of the County, by a vote of 5 Yea and 0 Nay, which meeting was open to the public and at which a quorum was present and acting throughout, and that the originals of the foregoing ordinances appear of public record in the Minute Book of the County, which is in my custody and control.

GIVEN under my hand and the seal of the County, this 4th day of April2006.

(SEAL)

s/ SHELBY D. HAYWOOD Clerk, Board ofCommissioners ofClayton County

4402

COUNTY HOME RULE ORDINANCES

State of Georgia County of Clayton

Personally appeared before the undersigned, SARAH WILLIFORD, who after being first duly sworn states that she is the ADVERTISING ACCOUNT REPRESENTATIVE for the Clayton News Daily, official legal organ of CLAYTON COUNTY, GEORGIA, and that upon her own personal knowledge she knows that the advertisement, a true copy of which is hereto annexed, was published in said newspaper of general circulation on the following dates: 3-16, 23 & 30- 2006.

sl Sarah Williford Affiant

Sworn to and subscribed before me this 30th day of March, 2006.

sl RITA M. CAMP (Seal) Signed Rita M. Camp, Notary Public My commission expires November 23, 2008.

NOTICE OF INTENTION TO CONSIDER AN ORDIANANCE AMENDING THE CODE OF ORDINANCES AS IT RELATES TO
THE CLAYTON COUNTY, GEORGIA PUBLIC EMPLOYEE RETIREMENT SYSTEM

Notice is hereby given that the Clayton County Board of Commissioners will consider an Ordinance proposed under the Home Rule Powers granted to Clayton County, Georgia pursuant to the Constitution of the State of Georgia of 1983. The Ordinance relates to the Clayton County, Georgia Public Employee Retirement System, specifically amending the Clayton County Code of Ordinances, specifically relevant sections of the Clayton County, Georgia Public Employee Retirement System, to establish a qualified governmental excess benefit arrangement pursuant to the provisions of Section 415(m) of the Internal Revenue Code of 1986, as amended, for Clayton County Water Authority participants; to increase the employee contribution obligation; to provide a minimum benefit for certain retirees and beneficiaries; to reduce the mandatory cash-out limit under the plan from $5,000 to $1 ,000; to remove the residency requirement for the member-at-large of the Clayton County Pension Board; to provide cost-of-living adjustments to certain retirees and beneficiaries. The Ordinance further provides for severability; the repeal of conflicting laws, ordinances and resolutions; an effective date; and for other purposes.

GEORGIA LAWS 2007 SESSION

4403

The Ordinances will be considered for adoption following a second reading during its regularly scheduled meeting commencing at 7:00 p.m. on April 4, 2006, in the Commissioners' Board Room located at 112 Smith Street, Jonesboro, Georgia. A copy of the proposed Ordinance is on file in the office of the Clerk of the Superior Court of Clayton County for the purpose of examination and inspection by the public. The Clerk of the Superior Court will furnish anyone, upon written request, a copy of the proposed Ordinance. The Ordinance may also be reviewed and copied at the Clayton County Commissioners' Office located at 112 Smith Street, Jonesboro, Georgia. Questions may be directed to Michael L. Smith, Clayton County Chief Staff Attorney, at the Clayton County Commissioners Office or by telephone at (770) 477-3207.

Filed with the Secretary of State April 19, 2006.

JACKSON COUNTY- BOARD OF COMMISSIONERS; SEALED BIDS.
RESOLUTION 06-003
1st Meeting Adopted: March 20, 2006
RESOLUTION OF THE BOARD OF COMMISSIONERS OF JACKSON COUNTY TO INCREASE THE PURCHASE AMOUNT FOR FORMAL SEALED BIDS.
WHEREAS, Georgia Laws 1999, page 3570, which provides for the re-organization ofthe Jackson County Board of Commissioners, page 3577 further provides that "Formal sealed bills shall be received for all purchases in amounts over $1 ,000.00."
WHEREAS, The Jackson County Board of Commissioners has determined that the purchase amount for formal sealed bids shall be increased;
WHEREAS, The Jackson County local legislation shall be amended pursuant to Ga. Constitution Article 9, Section 2, Paragraph I:
WHERAS, The notice containing a synopsis of this proposed amendment has been published in the official county organ, The Jackson Herald, once a week for three weeks within a period of sixty (60) days immediately preceding its final adoption.
NOW THEREFORE, BE IT RESOLVED, That the 1999 Laws, page 3570, at page 3577 is hereby amended by striking the amount of "$! ,000.00" appearing on page 35 77 and

4404

COUNTY HOME RULE ORDINANCES

inserting the amount "$5,000.00" in lieu thereof so that the subject section shall read as follows: "Formal sealed bids shall be received for all purchases in amounts over $5,000.00."

ALSO, BE IT RESOLVED, That a copy of this Resolution, a copy of the published notice, and an affidavit from the Jackson Herald verifying publication of the notice be filed with the Secretary of State of Georgia.

This 20th day of March, 2006.

s/ EMIL BESHARA Emil Beshara

s/ PAT BELL Pat Bell

s/ JODY THOMPSON Jody Thompson

s/TOM CROW Tom Crow

RESOLUTION 06-004

2nd Meeting Adopted: April 3, 2006

RESOLUTION OF THE BOARD OF COMMISSIONERS OF JACKSON COUNTY TO INCREASE THE PURCHASE AMOUNT FOR FORMAL SEALED BIDS.

WHEREAS, Georgia Laws 1999, page 3570, which provides for the re-organization of the Jackson County Board of Commissioners, page 3577 further provides that "Formal sealed bills shall be received for all purchases in amounts over $1,000.00."

WHEREAS, The Jackson County Board of Commissioners has determined that the purchase amount for formal sealed bids shall be increased;

WHEREAS, The Jackson County local legislation shall be amended pursuant to Ga. Constitution Article 9, Section 2, Paragraph I:

GEORGIA LAWS 2007 SESSION

4405

WHERAS, The notice containing a synopsis of this proposed amendment has been published in the official county organ, The Jackson Herald, once a week for three weeks within a period of sixty (60) days immediately preceding its final adoption.

NOW THEREFORE, BE IT RESOLVED, That the 1999 Laws, page 3570, at page 3577 is hereby amended by striking the amount of "$1 ,000.00" appearing on page 3577 and inserting the amount "$5,000.00" in lieu thereof so that the subject section shall read as follows: "Formal sealed bids shall be received for all purchases in amounts over $5,000.00."

ALSO, BE IT RESOLVED, That a copy ofthis Resolution, a copy of the published notice, and an affidavit from the Jackson Herald verifying publication of the notice be filed with the Secretary of State of Georgia.

This 3rd day of April, 2006.

sf TOM CROW Tom Crow

sf JODY THOMPSON Jody Thompson

sf EMIL BESHARA Emil Beshara

sf TONY BEATTY Tony Beatty

sf PAT BELL Pat Bell

AFFIDAVIT OF PUBLICATION

I, Mike Buffington, Co-Publisher of The Jackson Herald, do hereby certify that the copy of the advertisement Notice- Amend Local Legislation Jackson Co. Board of Commissioners appeared in The Jackson Herald, Jefferson, Georgia, on Feb. 22, March 1, 8, 2006

sf MIKE BUFFINGTON Mike Buffington, Co-Publisher

4406

COUNTY HOME RULE ORDINANCES

Subscribed and sworn to before me, this 10 day of April, 2006.

s/ BETTY B. SMALL Notary Public Betty B Small Notary Public, Jackson County, Georgia My Commission Expires July 27, 2008

Notice Legal Notice to Amend Local Legislation by the Jackson County
Board of Commissioners to Increase the Purchase Amount for Formal Sealed Bids

The Jackson County Board of Commissioners has decided to amend its local legislation pursuant to Ga. Constitution Article 9, Section 2, Paragraph I, for the purpose of increasing the purchase amount required for soliciting formal sealed bids. The current local legislation, located in Georgia Laws 1999, Page 3570, at Page 3577, states that "Formal sealed bids shall be received for all purchases in amounts over $1,000.00." The proposed amendment provides that, "Formal sealed bids shall be received for all purchases in amounts over $5,000.00.

A copy of the proposed amendment is on file in the office of the Clerk of Jackson County Superior Court for the purpose of examination and inspection by the public.

Filed in the Office of the Secretary of State April 19, 2006.

FORSYTH COUNTY- PURCHASING REQUIREMENTS.
FORSYTH COUNTY, GEORGIA A RESOLUTION AND ORDINANCE
BY THE BOARD OF COMMISSIONERS
OF FORSYTH COUNTY
A Reso Iution and Ordinance to amend an Act creating a Board of Commissioners for Forsyth County, Georgia, approved June 30, 1964 (Ga. Laws 1964, Ex. Sess., p. 2225), as amended, particularly by an Act approved April 6, 1992 (Ga. Laws 1992, p. 5325), so as to modify the County's purchasing requirements to render them consistent with the requirements of State law.

GEORGIA LAWS 2007 SESSION

4407

WHEREAS, the Georgia General Assembly approved an Act creating a Board of Commissioners for Forsyth County, Georgia, on June 30, 1964 (Ga. Laws 1964, Ex. Sess., p. 2225); and

WHEREAS, the Georgia General Assembly subsequently approved an amendment to said Act on April 6, 1992 (Ga. Laws 1992, p. 5325), that raised the dollar threshold of purchases that can be undertaken without receiving formal bids; and

WHEREAS, the Forsyth County Board of Commissioners has determined that the dollar value for purchases which can be authorized without receiving bids should be established by controlling State law or any purchasing policies established by the Forsyth County Board of Commissioners or its designee so long as such policies do not conflict wit State law, and that such an enactment will be in the best interests of the citizens ofForsyth County in light of the increasing growth and challenges placed upon Forsyth County Government and

WHEREAS, the Georgia Constitution, Article IX, Sec. II, Par. I, entitled "Home Rule for Counties," authorizes amendments to local acts of the General Assembly by a resolution or ordinance duly adopted by the county governing authority after due notice has been published in the official organ of the county, and upon satisfaction and compliance with additional conditions and requirements as set forth in the Georgia Constitution; and

WHEREAS, those requirements applicable to amendments to local acts of the General Assembly by a resolution or ordinance duly adopted by the county governing authority as set forth in the Georgia Constitution, Article IX, Sec. II, Par. I(b)(1) having been met and satisfied; and

WHEREAS, the Forsyth County Board of Commissioners is desirous of executing that authority granted to it by the Georgia Constitution, Article IX, Sec. II, Par. I, in adopting this resolution and ordinance.

IT IS HEREBY RESOLVED by the Board of Commissioners of Forsyth County that an Act creating a Board of Commissioners for Forsyth County, Georgia, approved June 30, 1964 (Ga. Laws 1964, Ex. Sess., p. 2225), as amended, particularly that amendment dated April 6, 1992 (Ga. Laws 1992, p. 5325), is hereby amended by striking the first paragraph of Section 14 in its entirety and inserting in lieu thereof a new first paragraph to read as follows:

"The Board of Commissioners of Forsyth County is designated as the purchasing agent for Forsyth County. The Board or its designee shall receive bids and/or requests for proposals and authorize the purchase of any material, supplies, or equipment in accord with the requirements of controlling State law or any purchasing policies approved by the Forsyth

4408

COUNTY HOME RULE ORDINANCES

County Board of Commissioners or its designee so long as such policies do not offend State law."

SEVERABILITY

If any portion of this Resolution and Ordinance or the application thereof shall be held invalid or unconstitutional, the other provisions of this Resolution and Ordinance shall not be affected, and thus, the provisions ofthis Resolution and Ordinance are declared severable.

REPEALER

Any other Ordinance, Resolution, or local law, or portion thereof, now in effect, that is in conflict with any of the provisions of this Resolution and Ordinance, is hereby repealed.

EFFECTIVE DATE

This Resolution and Ordinance shall become effective when all required documents have been filed with the Secretary of State as required by the Georgia Constitution, Article IX, Sec. II, Par. I(g).

ADOPTION AT TWO CONSECUTIVE MEETINGS

This Resolution and Ordinance was adopted at two (2) regular consecutive meetings of the Forsyth County Board of Commissioners held on March 16, 2006 and April 13, 2006, as required by the Georgia Constitution, Article IX, Sec. II, Par. 1(b)( I).

BE IT SO RESOLVED, this 13th day of April, 2006.

FORSYTH COUNTY BOARD OF COMMISSIONERS

s/ JACK CONWAY Jack Conway, Chairman

s/BRIAN TAM Brian Tam, Vice Chairman

s/ LINDA LEDBETTER Linda Ledbetter, Secretary

GEORGIA LAWS 2007 SESSION
s/ CHARLES LAUGHINGHOUSE Charles Laughinghouse, Member

4409

Attest:

s/ DAVID RICHARD David Richard, Member

s/ SONY A E. BUSH Sonya E. Bush, Clerk

AFFIDAVIT OF PUBLICATION

STATE OF GEORGIA COUNTY OF FORSYTH

Before me, the undersigned a Notary Public, this day came Carlene Pass, who being duly sworn, according to law, says she is the Office Manager of the FORSYTH COUNTY NEWS, the official newspaper in which the Sheriffs advertisements in and for said County are published, and a Newspaper of general circulation and that a NOTICE OF PUBLICATION RE: NOTICE OF INTENTION OF AMEND LOCAL LAW was published 3 time(s) on the dates of FEBRUARY 22, MARCH 1, MARCH 8, 2006 (Ref. L319)

s/ CARLENE PASS Carlene Pass, Office Manager

Subscribed and sworn to before me this 17th day of March, 2006.

s/ Sabrena P. Murphy Notary Public (SEAL)

AFFIDAVIT OF PUBLICATION

STATE OF GEORGIA COUNTY OF FORSYTH

Before me, the undersigned a Notary Public, this day came Carlene Pass, who being duly sworn, according to law, says she is the Office Manager of the FORSYTH COUNTY NEWS, the official newspaper in which the Sheriffs advertisements in and for said County are published, and a Newspaper of general circulation and that a NOTICE OF

4410

COUNTY HOME RULE ORDINANCES

PUBLICATION RE: NOTICE OF INTENT TO AMEND LOCAL LAW was published 3 time(s) on the dates of FEBRUARY 22, MARCH 1, MARCH 8, 2006 (Ref. L319)

s/ CARLENE PASS Carlene Pass, Office Manager

Subscribed and sworn to before me this 27th day of March, 2006.

s/ SABRENA P. MURPHY Notary Public (SEAL)

NOTICE OF INTENTION TO AMEND LOCAL LAW

To all Forsyth County citizens: In accord with Article IX, Section II, Paragraph 1 of the Georgia Constitution, please be advised that the Board of Commissioners of Forsyth County will modify its enabling legislation (Ga. Laws 1964, Ex. Sess., p. 2225), and all pertinent amendments thereto, specifically Ga. Laws 1992, p. 5325, by repealing the first paragraph of Section 14 of said legislation pertaining to the dollar value of purchases which can be authorized by the Board without receiving bids, and replacing said section with the following:

The Board of Commissioners of Forsyth County is designated as the purchasing agent for Forsyth County. The Board or its designee shall receive bids and/or requests for proposals and authorize the purchase of any material, supplies, or equipment in accord with the requirements of controlling State law or any purchasing policies approved b the Forsyth County Board of Commissioners or its designee so long as such policies do not offend State law.

The Board shall consider this amendment to its enabling legislation at its regular meeting on March 16,2006, and April 13,2006. A copy of the proposed amendment is on file in the office of the Clerk of the Superior Court of Forsyth County for purposes of examination and inspected by the public. The Clerk shall furnish upon written request a copy of the proposed amendment.

Filed in the Office of the Secretary of State April 21, 2006.

GEORGIA LAWS 2007 SESSION
CLAYTON COUNTY- CLAYTON COUNTY, GEORGIA PUBLIC EMPLOYEE RETIREMENT SYSTEM; COST-OF-LIVING ADJUSTMENT.

4411

STATE OF GEORGIA COUNTY OF CLAYTON

ORDINANCE NO. 2006- 70

AN ORDINANCE ADOPTED UNDER THE HOME RULE POWERS GRANTED TO CLAYTON COUNTY PURSUANT TO ARTICLE IX, SECTION II, PARAGRAPH i OF THE CONSTITUTION OF THE STATE OF GEORGIA OF 1983, AMENDING THE CLAYTON COUNTY CODE OF ORDINANCES, SPECIFICALLY RELEVANT SECTIONS OF THE CLAYTON COUNTY, GEORGIA PUBLIC EMPLOYEE RETIREMENT SYSTEM TO CLARIFY HOW A NEW COST-OF-LIVING ADJUSTMENT IS APPLIED TO PAYMENTS OTHER THAN THE NORMAL FORM OF PAYMENT; TO PROVIDE FOR SEVERABILITY; TO REPEAL CONFLICTING LAWS, ORDINANCES AND RESOLUTIONS; TO PROVIDE AN EFFECTIVE DATE OF THIS ORDINANCE; AND FOR OTHER PURPOSES.

WHEREAS, Clayton County and the Clayton County Water Authority maintain the Clayton County, Georgia Public Employee Retirement System (Pension Plan) (the "Plan") by an Act of the General Assembly of the State of Georgia, which originally became effective as of July 1, 1971;

WHEREAS, the Plan was last amended by Ordinance No. 2006-38 of the Clayton County Code of Ordinances; and

WHEREAS, the Board of Commissioners now desires to amend the Plan to clarify how a new cost-of-living adjustment is applied to payments other than the normal form of payment.

BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF CLAYTON COUNTY AND IT IS HEREBY ORDAINED:

Section I. By the authority granted to Clayton County pursuant to Article IX, Section II, Paragraph I of the Constitution ofthe State of Georgia of 1983, the Board ofCommissioners hereby amends the Clayton County Code of Ordinances, as amended, by amending the Plan by deleting the existing Section 2(D) of Appendix C and substituting therefor the following:

4412

COUNTY HOME RULE ORDINANCES

"D. Fourth Adjustment

(a) Effective on and after July, 1, 2009, any Participant, qualifying spouse or Beneficiary who is then receiving or subsequently receives a monthly benefit in the form of the Normal Fund Payment or in an alternate form of payment provided under 6.2(b)( 1) or (2), and, in combination with a Participant with respect to whom the benefit is derived (if applicable), has received a monthly benefit for at least the preceding eighty-four (84) months shall receive an automatic cost-of-living adjustment to his monthly benefit each July 1, beginning with the July 1 immediately following the month for which the Participant, qualifying spouse or Beneficiary receives his eighty-fourth (84th) monthly benefit payment. The amount of the cost-of-living adjustment for each Plan Year shall be equal to two percent (2%) of the benefit payable to the eligible Participant, qualifying spouse or Beneficiary, including any prior cost-of-living adjustments.

(b) Effective on and after July 1, 2006, any Participant, qualifying spouse or Beneficiary receiving a monthly benefit in an alternate form of payment provided under Section 6.2(b)(3) or (4) of the Plan that commenced prior to July 1, 2006, shall have his remaining monthly benefit payments adjusted in substantially equal increments such that his benefit is the Actuarial Equivalent to the benefit that the Participant, qualifying spouse or Beneficiary would have received under the Normal Fund Payment after adjusted for cost-of-living increases in accordance with subsection (a) above.

(c) Effective on and after July 1, 2006, any Participant, qualifying spouse or Beneficiary who elects to receive a monthly benefit in an alternate form of payment provided under Section 6.2(b)(3) or (4) of the plan that commences on or after July 1, 2006, shall have his monthly benefit adjusted in substantially equal increments such that his benefit is the Actuarial Equivalent to the benefit that the Participant, qualifying spouse or Beneficiary would have received under the Normal Fund Payment after adjusted for cost-of-living increases in accordance with subsection (a) above.

(d) Except as provided in subsections (b) and (c) above, the Actuarial Equivalent of any alternate form of payment will be determined before any adjustment is to be made for cost-of-living increases."

Section II. In the event any section, paragraph, subpart, sentence, clause, phrase or word of this Ordinance shall be declared or adjudged unconstitutional or invalid by any Court, such declaration or adjudication shall not affect the remaining portions of this Ordinance which shall remain in full force and effect as if the portions declared invalid or unconstitutional had never been enacted into law.

GEORGIA LAWS 2007 SESSION

4413

Section III. All laws, ordinances or resolutions, or parts thereof, in conflict with provisions of this Ordinances are hereby repealed.

Section IV. This Ordinance shall become effective as of the dates provided herein upon its approval by the Board ofCommissioners after the second reading ofthe Ordinance, provided the same receives an affirmative vote of three or more members, and provided further that a copy of the Ordinance has been published in the official organ of Clayton County and filed with the Secretary of the State of Georgia as required by law.

SO ORDAINED, this 20th day of June, 2006.

CLAYTON COUNTY BOARD OF COMMISSIONERS

s/ ELDRIN BELL ELDRIN BELL, CHAIRMAN

s/ J. CHARLEY GRISWELL J. CHARLEY GRISWELL, VICE CHAIRMAN

s/ VIRGINIA BURTON GRAY VIRGINIA BURTON GRAY, COMMISSIONER

s/ CARL RHODENIZER CARL RHODENIZER, COMMISSIONER

ATTEST:

s/ WOLE RALPH WOLE RALPH, COMMISSIONER

s/ SHELBY D. HAYWOOD SHELBY D. HAYWOOD, CLERK

ORDINANCE 2006-70

The first reading of the above and foregoing Ordinance was held at the Regular Business Meeting of the Board of County Commissioners of Clayton County on June 6, 2006 with the following members present and voting in favor of same. Chairman Eldrin Bell, Commissioner Virginia Burton Gray, Commissioner Carl Rhodenizer, and Commissioner Wole Ralph.

4414

COUNTY HOME RULE ORDINANCES
s/ SHELBY D. HAYWOOD SHELBY D. HAYWOOD, CLERK CLAYTON COUNTY BOARD OF COMMISSIONERS

The second reading ofthe above and foregoing Ordinance was held at the Regular Business Meeting of the Board of County Commissioners of Clayton County on June 20, 2006 with the following members present and voting in favor of same. Chairman Eldrin Bell, Vice Chairman J. Charley Griswell, Commissioner Virginia Burton Gray, Commissioner Carl Rhodenizer, and Commissioner Wole Ralph.

s/ SHELBY D. HAYWOOD SHELBY D. HAYWOOD, CLERK CLAYTON COUNTY BOARD OF COMMISSIONERS

Having been read during the Regular Business Meetings of the Board of Commissioners of Clayton County on June 6, 2006 and June 20, 2006, Ordinance 2006-70 was adopted at the Regular Business Meeting of June 20, 2006. The following members were present on June 20, 2006 and voted in favor of Ordinance 2006-70: Chairman Eldrin Bell, Vice Chairman J. Charley Griswell, Commissioner Virginia Burton Gray, Commissioner Carl Rhodenizer, and Commissioner Wole Ralph.

ATTEST:

s/ SHELBY D. HAYWOOD SHELBY D. HAYWOOD, CLERK CLAYTON COUNTY BOARD OF COMMISSIONERS

s/ SHELBY D. HAYWOOD SHELBY D. HAYWOOD CLERK OF THE COMMISSION JUNE 20, 2006 (SEAL)

CLERK'S CERTIFICATION

I, SHELBY D. HAYWOOD, the duly appointed, qualified, and acting Clerk of the Board of Commissioners of Clayton County, Georgia (the "County"), DO HEREBY CERTIFY that the foregoing pages of typewritten matter constitute true and correct copies of an ordinance adopted on June 20, 2006, by the Board of Commissioners of the County in a

GEORGIA LAWS 2007 SESSION

4415

meeting duly called and assembled in accordance with applicable laws and with the procedures of the County, by a vote of 5 Yea and 0 Nay, which meeting was open to the public and at which a quorum was present and acting throughout, and that the originals of the foregoing ordinances appear of public record in the Minute Book of the County, which is in my custody and control.

GIVEN under my hand and the seal of the County, this 20th day of June 2006.

(SEAL)

s/ SHELBY D. HAYWOOD Clerk, Board of Commissioners of Clayton County

State of Georgia County of Clayton

Personally appeared before the undersigned, SARAH WILLIFORD, who after being first duly sworn states that she is the ADVERTISING ACCOUNT REPRESENTATIVE for the Clayton News Daily, official legal organ of CLAYTON COUNTY, GEORGIA, and that upon her own personal knowledge she knows that the advertisement, a true copy of which is hereto annexed, was published in said newspaper of general circulation on the following dates: 6/0 I, 6/08 & 6115 - 2006

s/ SARAH WILLIFORD Affiant

Sworn to and subscribed before me this 15th day of June, 2006.

s/ RITA M. CAMP Signed Rita M. Camp, Notary Public My commission expires November 23, 2008. (SEAL)

NOTICE OF INTENTION TO CONSIDER AN ORDIANANCE AMENDING THE CODE OF ORDINANCES AS IT RELATES TO THE CLAYTON COUNTY, GEORGIA PUBLIC EMPLOYEE RETIREMENT SYSTEM

Notice is hereby given that the Clayton County Board of Commissioners will consider an Ordinance proposed under the Home Rule Powers granted to Clayton County, Georgia pursuant to the Constitution of the State of Georgia of 1983. The Ordinance relates to the

4416

COUNTY HOME RULE ORDINANCES

Clayton County, Georgia Public Employee Retirement System, specifically amending the Clayton County Code of Ordinances, specifically relevant sections of the Clayton County, Georgia Public Employee Retirement System, and provides clarification of how a new cost-of-living adjustment is applied to payments other than the normal form of payment. The Ordinance further provides for severability; the repeal of conflicting laws, ordinances and resolutions; as effective date; and other purposes.

The Ordinance will be considered by the Board of Commissioners for adoption following a second reading during its regularly scheduled meeting commencing at 9:00 a.m. on June 20,2006, in the Commissioners' Board Room located at 112 Smith Street, Jonesboro, Georgia. A copy of the proposed Ordinance is on file in the Office of the Clerk of the Superior Court of Clayton County for the purpose of examination and inspection by the public. The Clerk of the Superior Court will furnish anyone, upon written request, a copy of the proposed Ordinance. The Ordinance may also be reviewed and copied at the Clayton County Commissioners' Office located at 112 Smith Street, Jonesboro, Georgia. Questions may be directed to Michael L. Smith, Clayton County Chief Staff Attorney, at the Clayton County Commissioners Office or by telephone at (770) 477-3207.

Filed in the Office ofthe Secretary of State June 23,2006.

CLAYTON COUNTY- BOARD OF COMMISSIONERS; MEETINGS.
STATE OF GEORGIA COUNTY OF CLAYTON
ORDINANCE NO. 2006- 135
AN ORDINANCE ADOPTED UNDER THE HOME RULE POWERS GRANTED TO CLAYTON COUNTY PURSUANT TO ARTICLE IX, SECTION II, PARAGRAPH I OF THE CONSTITUTION OF THE STATE OF GEORGIA OF 1983, AMENDING THE CLAYTON COUNTY CODE OF ORDINANCES, SPECIFICALLY SECTION 2-4 "MEETINGS" PROVIDING FOR A CHANGE IN THE NUMBER OF REGULAR MEETINGS OF THE BOARD OF COMMISSIONERS, AND ARTICLE II, SECTIONS 2-31 AND 2-34 "DAYS, TIMES OF BUSINESS MEETINGS" OF THE CLAYTON COUNTY CODE OF ORDINANCES MOVING THE WORK SESSION WHICH IS PRESENTLY HELD ON THE SECOND TUESDAY OF THE MONTH TO THE FIRST THURSDAY OF THE MONTH AND ADDING A REGULAR BUSINESS MEETING TO BE HELD ON THE SECOND TUESDAY OF THE MONTH; TO PROVIDE SEVERABILITY; TO REPEAL CONFLICTING LAWS, ORDINANCES AND

GEORGIA LAWS 2007 SESSION

4417

RESOLUTIONS; TO PROVIDE AN EFFECTIVE DATE OF THIS ORDINANCE; AND FOR OTHER PURPOSES.

NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF CLAYTON COUNTY, GEORGIA AND IT IS HEREBY RESOLVED:

Section 1. By the authority granted to Clayton County pursuant to Article IX, Section II, Paragraph I of the Constitution ofthe State ofGeorgia of 1983, the Board ofCommissioners hereby amends the Clayton County Code of Ordinances, as amended, by deleting Section 2-4 in its entirety, and inserting in lieu thereof, a new Section 2-4 "Meetings" to read as follows:
Sec. 2-4. Meetings. The Board of Commissioners shall hold regular meetings on the first, second and third Tuesdays of each month at its offices located at 112 Smith Street, Jonesboro, Georgia, unless postponed to a subsequent date by action taken at a regular meeting. Meetings shall be open to the public. The Board of Commissioners may hold such additional meetings as shall be necessary when called by the Chairman or any three members of the Board, provided the Chairman and all Board Members shall have been notified at least three days in advance of such special meeting. Whenever any regular meeting of the Board shall fall on a Holiday, the meeting shall be held on the following day. No official action shall be taken by the Board except in a meeting which is open to the public. Any three members of the Board shall constitute a quorum, except that a lesser number shall be sufficient to recess or adjourn any meeting; but no official action shall be taken except upon the affirmative vote of at least three members of the Board. The Chairman shall be entitled to the same voting rights as other Board Members on questions considered by the Board. All zoning meetings shall be conducted at night beginning at 7:00p.m.

Section 2. By the authority granted to Clayton County pursuant to Article IX, Section II, Paragraph I ofthe Constitution ofthe State of Georgia of 1983, the Board ofCommissioners hereby amends the Clayton County Code of Ordinances, as amended, by deleting Article II, Sections 2-31 and 2-34 "Days, Time of Work Sessions and Business Meetings" in its entirety, and inserting in lieu thereof, new Sections 2-31 and 2-34 "Days, Place of Regular Meetings and "Days, Times of Business Meetings" respectively to read as follows:
Sec. 2-31. Days, Place of Regular Meetings. The Board of Commissioners will hold its Regular Meetings on the first, second and third Tuesdays of each month at the 112 Smith Street building in Jonesboro, Georgia. Sec. 2-34. Days, Times of Business Meetings. The Board of Commissioners hereby establishes the meeting times for Board of Commissioners to meet in a work session scheduled for the first Thursday of the month at 9:00a.m., business meetings on the first Tuesday of the month at 7:00p.m. and the second and third Tuesdays of the month at 9:00 a.m.

4418

COUNTY HOME RULE ORDINANCES

Section 3. In the event any section, paragraph, subpart, sentence, clause, phrase, or word ofthe Ordinance shall be declared or adjudged unconstitutional or invalid by any Court, such declaration or adjudication shall not affect the remaining portions of this Ordinance which shall remain in full force and effect as if the portions declared invalid or unconstitutional had never been enacted into law.
Section 4. All laws, ordinances or resolutions, or parts thereof, in conflict with provisions of this ordinance are hereby repealed.
Section 5. This Ordinance shall become effective following its approval by the Board of Commissioners after the second reading of the Ordinance, provided the same receives an affirmative vote ofthree or more members, and provided further that a copy ofthe Ordinance has been published in the official organ of Clayton County and filed with the Secretary of State of Georgia as required by law.
SO RESOLVED, this the 17th day of October, 2006.

CLAYTON COUNTY BOARD OF COMMISSIONERS

s/ ELDRIN BELL ELDRIN BELL, CHAIRMAN

s/ J. CHARLEY GRISWELL (S.D.H.) J. CHARLEY GRISWELL, VICE-CHAIRMAN

s/ VIRGINIA BURTON GRAY VIRGINIA BURTON GRAY, COMMISSIONER

s/ CARL RHODENIZER CARL RHODENIZER, COMMISSIONER

s/ WOLE RALPH (Opposed) WOLE RALPH, COMMISSIONER

ATTEST:

s/ SHELBY D. HAYWOOD SHELBY D. HAYWOOD, CLERK

ORDINANCE 2006-135 The first reading of the above and foregoing Ordinance was held at the Regular Business Meeting of the Board of County Commissioners of Clayton County on October 3, 2006 with the following members present and voting in favor of same: Chairman Eldrin Bell, Vice

GEORGIA LAWS 2007 SESSION

4419

Chairman J. Charley Griswell, Commissioner Carl Rhodenizer, and Commissioner Wole Ralph.

s/ SHELBY D. HAYWOOD SHELBY D. HAYWOOD, CLERK CLAYTON COUNTY BOARD OF COMMISSIONERS

The second reading of the above and foregoing Ordinance was held at the Regular Business Meeting of the Board of County Commissioners of Clayton County on October 17, 2006 with the following members present and voting in favor ofsame: Chairman Eldrin Bell, Vice Chairman J. Charley Griswell, Commissioner Virginia Burton Gray, Commissioner Carl Rhodenizer, and Commissioner Wole Ralph.

s/ SHELBY D. HAYWOOD SHELBY D. HAYWOOD, CLERK CLAYTON COUNTY BOARD OF COMMISSIONERS

Having been read during the Regular Business Meetings of the Board of Commissioners of Clayton County on October 3, 2006 and October 17, 2006, Ordinance 2006-135 was adopted at the Regular Business Meeting ofOctober 17, 2006. The following members were present on October I 7, 2006 and voted in favor of Ordinance 2006-13 5: Chairman Eldrin Bell, Vice Chairman J. Charley Griswell, Commissioner Virginia Burton Gray, and Commissioner Carl Rhodenizer. Commissioner Wole Ralph opposed.

s/ SHELBY D. HAYWOOD SHELBY D. HAYWOOD, CLERK CLAYTON COUNTY BOARD OF COMMISSIONERS

ATTEST:

s/ SHELBY D. HAYWOOD SHELBY D. HAYWOOD CLERK OF THE COMMISSION October 17, 2006 (SEAL)

4420

COUNTY HOME RULE ORDINANCES

CERTIFICATION I, Shelby D. Haywood, Clerk to the Clayton County Board of Commissioners, do hereby certify that I am the official custodian of records for the county. I further certify that the attached is a true and exact copy of Ordinance No. 2006-135 amending the Clayton County Code of Ordinances, specifically Section 2-4 "Meetings" providing for a change in the number of regular commission meetings, and Article II, Sections 2-31 and 2-34 "Days, Times ofBusiness Meetings" ofthe Clayton County Code ofOrdinances moving the Work Session, which is presently held on the second Tuesday of the month, to the first Thursday of the month and adding a Regular Business Meeting to be held on the second Tuesday of the month. This ordinance was adopted by the Clayton County Board of Commissioners during its Regular Business Meeting on October 17, 2006 with a motion of four (4) ayes and (I) nay. The attached ordinance is on file in the Clayton County Commissioners' Office, 112 Smith Street, Jonesboro, Clayton County, Georgia.

sf SHELBY D. HAYWOOD Shelby D. Haywood, Clerk Board of Commissioners Clayton County, Georgia October 17, 2006 (SEAL)

State of Georgia County of Clayton

Personally appeared before the undersigned, SARAH WILLIFORD, who after being first duly sworn states that she is the ADVERTISING ACCOUNT REPRESENTATIVE for the Clayton News Daily, official legal organ of CLAYTON COUNTY, GEORGIA, and that upon her own personal knowledge she knows that the advertisement, a true copy of which is hereto annexed, was published in said newspaper of general circulation on the following dates: IOf02, 09& 16-2006

sf SARAH WILLIFORD Affiant

Sworn to and subscribed before me this 16th day of October, 2006.

sf RITA M. CAMP Signed Rita M. Camp, Notary Public My commission expires November 23, 2008. (SEAL)

GEORGIA LAWS 2007 SESSION

4421

NOTICE OF INTENTION TO CONSIDER AN ORDIANANCE AMENDING THE CODE OF ORDINANCES AS IT RELATES TO THE CLAYTON COUNTY, GEORGIA BOARD OF COMMISSIONERS MEETINGS

Notice is hereby given that the Clayton County Board of Commissioners will consider an Ordinance proposed under the Home Rule Powers granted to Clayton County, Georgia pursuant to the Constitution of the State of Georgia of 1983. The Ordinance relates to the Clayton County, Georgia Board of Commissioners Meetings, specifically amending the Clayton County Code ofOrdinances, specifically relevant Section 2-4 providing for a change in the number of regular meetings of the Board of Commissioners and Article II, Sections 2-31 and 2-34 moving the Work Session to the first Thursday of the month and adding a Regular Meeting on the second Tuesday of the month. The Ordinance further provides for severability; the repeal of conflicting laws, ordinances and resolutions; an effective date; and other purposes.
The Ordinance will be considered by the Board of Commissioners for adoption following a second reading during its regularly scheduled meeting commencing at 9:00a.m. on October 17th, 2006, in the Commissioners' Board Room located at 112 Smith Street, Jonesboro, Georgia. A copy of the proposed Ordinance is on file in the Office of the Clerk of the Superior Court of Clayton County for the purpose of examination and inspection by the public. The Clerk of the Superior Court will furnish anyone, upon written request, a copy of the proposed Ordinance. The Ordinance may also be reviewed and copied at the Clayton County Commissioners' Office located at 112 Smith Street, Jonesboro, Georgia. Questions may be directed to Michael L. Smith, Clayton County Chief Staff Attorney, at the Clayton County Commissioners Office or by telephone at (770) 477-3207.

Filed in the Office of the Secretary of State October 27, 2006.

JEFF DAVIS COUNTY- WIRELESS ENHANCED 9-1-1 CHARGE.
A RESOLUTION AMENDING A RESOLUTION IMPOSING A WIRELESS ENHANCED 9-1-1 CHARGE ON WIRELESS TELECOMMUNICATIONS
CONNECTIONS WITHIN JEFF DAVIS COUNTY, GEORGIA
Pursuant to Georgia Constitution, Article IX, Section II, Paragraph I, the Board of Commissioners ofJeff Davis County, Georgia, at its regular monthly meeting on October 12, 2006, adopts the following resolution amending its 1998 Resolution establishing a charge on all wireless telecommunications connections within Jeff Davis County:
WHEREAS, Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated authorized local governments to impose a wireless enhanced 9-1-1 charge for

4422

COUNTY HOME RULE ORDINANCES

Phase II Service upon each wireless telecommunications connection subscribed to by subscribers whose billing address is within the jurisdiction of the local government; and

WHEREAS, under the provJston of such law a charge for Phase II Service may be imposed at a rate of up to $1.50 per month per wireless connection; and

WHEREAS, since the original adoption in 1998 of a resolution imposing a $1.00 charge per month per wireless connection in this County, Jeff Davis County has enhanced and improved its 9-1-1 system so that it is now capable of providing and does provide automatic number identification and automatic location identification ofa wireless telecommunications connection known as Phase II Wireless 9-1-1; and

WHEREAS, this Board believes it will be in the best interest of this County and its citizens to increase the charge for such service from $1.00 to $1.50 per month per wireless connection provided to each wireless telephone subscriber in this County; and

WHEREAS, a public hearing was held on October 12, 2006 on the question of amending the 1998 Resolution for the purpose of increasing the wireless enhanced 9-1-1 charge to reflect the change from Phase I Service to Phase II.

NOW, THEREFORE, THE COMMISSION OF JEFF DAVIS COUNTY, GEORGIA HEREBY RESOLYES that the 1998 Resolution be amended and that the wireless enhanced 9-1-1 charge imposed upon each wireless telecommunications connection subscribed to by subscribers whose billing address is within the jurisdiction of Jeff Davis County, Georgia be increased to $1.50 per month per wireless connection provided to each telephone subscriber.

BE IT FURTHER RESOLVED that said wireless charge shall be imposed beginning December 1, 2006, or the date a copy of this Resolution, along with a copy of the required published legal Notice and Publisher's Affidavit are filed with the Secretary of State of Georgia, whichever date is last in time; and

BE IT FURTHER RESOLVED that a legal Notice containing a synopsis of this amendment be published in the Jeff Davis County Ledger, the local newspaper in which legal ads are published in this County, for three consecutive weeks prior to the next regular meeting of this Board on November 9, 2006, and that a copy of said proposed amendment be filed with the Clerk of Superior Court of this County who shall provide a copy of said proposed amendment to anyone who shall request a copy of same in writing, and that said legal Notice advise the public that a copy of said proposed amendment is on file and will be available at said Clerk's Office; and

GEORGIA LAWS 2007 SESSION

4423

BE IT FURTHER RESOLVED that this proposed Amendment shall be placed on the agenda for consideration and vote a second time at the next regular meeting of this Board on November 9, 2006, and if approved, a copy of said adopted amendment along with a copy of the legal Notice and a publisher's affidavit shall be forwarded to the Georgia Secretary of State following the second adoption hereof by the County Administrator and County attorney; and

BE IT FURTHER RESOLVED that a copy of this Resolution shall be forwarded to each wireless service supplier providing services in JeffDavis County, Georgia, following its final adoption by this Board.

IT WITNESS WHEREOF, this resolution has been duly adopted after a first reading by the Board of Commissions of Jeff Davis County, Georgia, on October 12, 2006.

ATTEST:

JEFF DAVIS COUNTY BOARD OF COMMISSIONERS

s/ SHERR! LYTLE SHERRILYTLE,CLERK (SEAL)

s/ RICKY CROSBY RICKY CROSBY, CHAIRMAN
s/ STEVE TOLER STEVE TOLER, VICE CHAIRMAN

s/ CLYDE MCCALL CLYDE MCCALL, COMMISSIONER

s/ REGINALD KORNEGAY REGINALD KORNEGAY, COMMISSIONER

s/ JAMES TATE JAMES TATE, COMMISSIONER

SECOND READING AND ADOPTION ON NOVEMBER 9, 2006 The foregoing amending resolution was read and unanimously adopted a second time by the Board of Commissioners of Jeff Davis County at its next consecutive regular monthly meeting on November 9, 2006, after a synopsis of said amendment had been published in the Jeff Davis County Ledger, the official county organ, once a week for three weeks within a period of 60 days immediately preceding its final adoption.

4424

COUNTY HOME RULE ORDINANCES

ATTEST:

JEFF DAVIS COUNTY BOARD OF COMMISSIONERS

s/ SHERR! LYTLE SHERRILYTLE,CLERK (SEAL)

s/ RICKY CROSBY RICKY CROSBY, CHAIRMAN
s/ STEVE TOLER STEVE TOLER, VICE CHAIRMAN

s/ CLYDE MCCALL CLYDE MCCALL, COMMISSIONER

s/ REGINALD KORNEGAY REGINALD KORNEGAY, COMMISSIONER

s/ JAMES TATE JAMES TATE, COMMISSIONER

STATE OF GEORGIA

COUNTY OF JEFF DAVIS

I certify that the forgoing is a true and correct copy of the RESOLUTION AMENDING A RESOLUTION IMPOSING A WIRELESS ENHANCED 9-1-1 CHARGE ON WIRELESS TELECOMMUNICATIONS CONNECTIONS WITHIN JEFF DAVIS COUNTY, GEORGIA adopted first at the meeting of the Jeff Davis County Board of Commissioners on October 12, 2006, and again at said Board's next consecutive regular monthly meeting on November 9, 2006.

This 16th day of November, 2006.

s/ SHERR! LYTLE Sherri Lytle Clerk Jeff Davis County Board of Commissioners

GEORGIA LAWS 2007 SESSION

STATE OF GEORGIA COUNTY OF JEFF DAVIS

PUBLISHER'S AFFIDAVIT

4425

PERSONALLY APPEARED, Tommy Purser, editor and publisher of the Jeff Davis Ledger, a newspaper published in said county in which Sheriff sales and advertisements are published, and as such deponent says that the attached legal was published in said paper the weeks of October 25, November 1 and November 8, 2006.
This 15th day of November, 2006.

SWORN TO AND SUBSCRIBED BEFORE ME THIS 15th DAY OF NOVEMBER, 2006:
s/ CAROLYN THOMPSON NOTARY PUBLIC My commission expires 6-12-08.

s/TOMMY PURSER TOMMY PURSER, Publisher

LEGAL NOTICE OF AMENDMENT TO 1998 RESOLUTION IMPOSING A WIRELESS ENHANCED E-911 CHARGE ON WIRELESS TELECOMMUNICATIONS CONNECTIONS WITHIN JEFF DAVIS COUNTY, GEORGIA

Pursuant to Article IX, Section II, Paragraph I of the Georgia Constitution the following Notice of Amendment to the above-referenced Resolution/Ordinance is hereby given.

The proposed Amendment to the existing Resolution increases the wireless enhanced 911 charge imposed upon each wireless telecommunications connection subscribed to by subscribers whose billing address is in Jeff Davis County from $1.00 to $1.50 per month per wireless connection.

A copy of the proposed amendment is on file in the Office of the Clerk of Superior Court of Jeff Davis County for the purpose of examination and inspection by the public. The Clerk of Superior Court will furnish anyone, upon written request, a copy of the proposed amendment.

The amendment was first adopted by the Jeff Davis County Board of Commissioners at the Board's regular monthly meeting on Octoberl2, 2006. The amendment will be voted on again at the next regular monthly meeting of said Board on November 9, 2006.

4426

COUNTY HOME RULE ORDINANCES

The amendment will become effective following its being adopted at the Board's November 9th meeting, and after a copy of said amendment, along with a copy of this Notice and a Publisher's Affidavit is filed with the Georgia Secretary of State.

Jeff Davis County Board of Commissioners

Filed in the Office of the Secretary of State December I, 2006.

DEKALB COUNTY- PENSION BOARD; INCREASE IN PARTICIPANT CONTRIBUTIONS.
December 12, 2006 06-27
A HOME RULE ORDINANCE
A HOME RULE ORDINANCE BY THE GOVERNING AUTHORITY OF DEKALB COUNTY UNDER THE HOME RULE PROVISIONS FOR COUNTIES OF THE CONSTITUTION OF THE STATE OF GEORGIA, TO AMEND AN ACT OF THE GENERAL ASSEMBLY OF 1962, FOUND IN GEORGIA LAWS 1962, PAGE 3088, ET SEQ., AS AMENDED, CREATING THE DEKALB COUNTY PENSION BOARD, SO AS TO FURTHER AMEND SAID ACT TO PROVIDE FOR AN INCREASE IN PARTICIPANT CONTRIBUTIONS.
BE IT ORDAINED by the Governing Authority of DeKalb County, Georgia, and it is hereby ordained by the authority of same, pursuant to the home rule provisions for counties of the Constitution of the State of Georgia, that the Act, as amended, creating the DeKalb County Pension Board, known as 1962 Ga. Laws p. 3088, et seq., as amended, pertaining to the DeKalb County Pension Board be and the same is hereby further amended as follows:
PART I.
By deleting Section 910 of the 1962 Ga. Laws p. 3088, et seq., as amended (codified as Section 910, in Appendix B of the Code of DeKalb County, Georgia) in its entirety and substituting in lieu thereofa new section 910 to read as follows:
Except as otherwise provided herein, or as otherwise amended, it shall be the duty of the director of finance of DeKalb County to make payroll deductions from the compensation paid to each participant of an amount equal to two and one-half percent (2.5%) of the compensation of the participant. Effective January 1, 2007, it shall be the duty of the

GEORGIA LAWS 2007 SESSION

4427

director of finance of DeKalb County to make payroll deductions from the compensation paid to each participant of an amount equal to three and one-half percent (3 .5%) of the compensation of the participant. Effective January 1, 2008, it shall be the duty of the director of finance of DeKalb County to make payroll deductions from the compensation paid to each participant of an amount equal to four percent (4.0%) of the compensation of the participant. Effective January 1, 2009, it shall be the duty of the director of finance of DeKalb County to make payroll deductions from the compensation paid to each participant of an amount equal to four and one-half percent (4.5%) of the compensation of the participant. Contributions will continue to be deducted so long as the participant continues to be employed.

PART II.

All laws or parts of laws in conflict with this Ordinance are hereby repealed.

PART III.

Should any part, portion, or paragraph of this Ordinance be declared unconstitutional or void by a court of competent jurisdiction, such declaration shall not affect the remaining portions of this ordinance not so declared to be invalid, but the same shall remain in full force and effect as if separately adopted.

PART IV.

This Ordinance shall be presented to the Board of Commissioners of DeKalb County, Georgia for adoption at two regular consecutive meetings ofthe County Commissioners, held not less than seven (7) nor more than sixty (60) days apart after notice containing a synopsis ofthe proposed amendment shall have been published in the official organ ofDeKalb County once a week for three (3) weeks within a period of sixty (60) days immediately preceding its final adoption, such notice stating that a copy of the proposed amendment is on file in the office of the Clerk of Superior Court ofDeKalb County for the purposes of examination and inspection by the public.

PARTY.

This ordinance shall be first presented to the Board of Commissioners ofDeKalb County, Georgia on the 28th day ofNovember, 2006, and again on the 12th day of December, 2006, at the regular time and place of the meeting of the Board of Commissioners of DeKalb County, Georgia.

4428

COUNTY HOME RULE ORDINANCES

PART VI.

A synopsis of this Ordinance shall be published in the official organ of DeKalb County once a week for three weeks, namely on the 16th, 23rd, and 30th day of November, 2006, and a copy of this Ordinance shall be filed with the Clerk of the DeKalb County Superior Court for the purpose of examination and inspection by the public, along with sufficient copies of same for distribution to those members of the public who desire same.

PART VII.

The provisions of this Ordinance shall become effective upon the filing with the Secretary of State, a copy of this Ordinance, together with a copy of the required notice of publication and an affidavit of a duly authorized representative of the newspaper in which said notice was published to the effect that said notice has been published.

ADOPTED by the DeKalb County Board of Commissioners this 12 day of December, 2006.

s\ BURRELL ELLIS BURRELL ELLIS Presiding Officer Board of Commissioners DeKalb County, Georgia

APPROVED by the Chief Executive Officer of DeKalb County, Georgia this 14 day of December, 2006.

s\ VERNON JONES VERNON JONES Chief Executive Officer DeKalb County, Georgia

ATTEST:

s\ MICHAEL J. BELL MICHAEL J. BELL, Ex-Officio Clerk Board of Commissioners and Chief Executive Officer, DeKalb County, Georgia

GEORGIA LAWS 2007 SESSION

APPROVED AS TO FORM:

APPROVED AS TO SUBSTANCE

4429

s\ WILLIAM J. LINKOUS, III William J. Linkous, III County Attorney DeKalb County, Georgia

s\NATHAN P. FOWLER Nathan P. Fowler Deputy Director of Finance, Risk Management & Employee Services

I, the undersigned BARBARA H. SANDERS Deputy Clerk of the Board of Commissioners, DeKalb County, Georgia, DO HEREBY CERTIFY that the foregoing is a true and correct copy of an ordinance adopted by said Board meeting lawfully assembled on the 12 day of December, 2006. And same appears in Minutes of said Board this 4th day of January, 2007.

s\ BARBARA H. SANDERS Deputy Clerk of Commissioners DeKalb County, GA

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, DEKALB PENSION was published in said newspaper on the following date(s):
11116/06, 11123/06, 11/30/06

s\ CAROLYN JERNIGAN GLENN CAROLYN J. GLENN, PUBLISHER

Sworn to and subscribed before me this 11/30/06.

s\ JACQUELINE BRYANT Notary Public My commission expires September 22,2010

(SEAL)

4430

COUNTY HOME RULE ORDINANCES PUBLIC NOTICE

The public is hereby notified that action is underway by the DeKalb County Board of Commissioners to amend certain provisions of a local act of the General Assembly (1962 Ga. Laws p. 3088, as amended) relating to the DeKalb County Pension Board and the percentage of participant contributions to the County's pension plan. Specifically, the amendment provides for an increase in participant contributions, as more fully set forth in the amendment. It is necessary for the Board of Commissioners to adopt an ordinance at two consecutive meetings held not less than seven (7) nor more than sixty (60) days apart which ordinance specifically states the changes to be made in the original Act, the authority to amend the original Act having been granted under the home rule provisions for counties of the Constitution of the State of Georgia.

The public is hereby further notified that a copy of said proposed ordinance is on file with the Clerk ofDeKalb County Superior Court, DeKalb County Courthouse, Decatur, Georgia for public examination and inspection, and that upon written request copies are available from the Clerk for interested members of the public.

This 7th day of November, 2006

Vernon Jones Chief Executive Officer DeKalb County, Georgia

Filed in the Office of the Secretary of State January I 0, 2007.

CLAYTON COUNTY- BOARD OF COMMISSIONERS; WORK SESSION; BUSINESS MEETING.
STATE OF GEORGIA COUNTY OF CLAYTON
ORDINANCE NO. 2007-17
AN ORDINANCE AMENDING SECTION 2-34 OF THECLAYTON COUNTY CODE OF ORDINANCES ESTABLISHING A NEW TIME FOR THE BOARD OF COMMISSIONERS TO MEET FOR THE WORK SESSION SCHEDULED FOR THE FIRST THURSDAY OF THE MONTH AND THE BUSINESS MEETING SCHEDULED FOR THE THIRD TUESDAY OF THE MONTH; TO PROVIDE AN EFFECTIVE DATE OF THIS ORDINANCE; AND FOR OTHER PURPOSES.

GEORGIA LAWS 2007 SESSION

4431

WHEREAS, the Board of Commissioners currently holds its work session on the first Thursday of the month at 9:00 o'clock a.m. and the second business meeting on the third Tuesday of the month at 9:00 o'clock a.m.; and

WHEREAS, the Board ofCommissioners wish to change the day ofthe work session from the first Thursday to the second Tuesday of the month; and

WHEREAS, the Board of Commissioners wish to change the time of the work session and the second business meeting of the month from 9:00 o'clock a.m. to 7:00 o'clock p.m.

NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF CLAYTON COUNTY, GEORGIA AND IT IS HEREBY ORDAINED:

Section 1. The Board of Commissioners hereby establishes the meeting day ofthe work session to be the second Tuesday of the month, as well as establishing the time of the work session, scheduled for the second Tuesday of the month and the second business meeting of the month, scheduled for the third Tuesday of the month, to 7:00p.m.

Section 2. This Ordinance shall be effective on the date of its approval by the Board of Commissioners, and shall apply to its work session meeting and its second business meeting beginning February 13, 2007 and February 20, 2007 respectively.

SO ORDAINED, this the 16th day of January, 2007.

CLAYTON COUNTY BOARD OF COMMISSIONERS

s/ ELDRIN BELL ELDRIN BELL, CHAIRMAN

s/ SONNA SINGLETON SONNA SINGLETON, VICE-CHAIRWOMAN

s/ VIRGINIA BURTON GRAY VIRGINIA BURTON ORAY, COMMISSIONER

s/ WOLE RALPH WOLE RALPH, COMMISSIONER

s/ MICHAEL EDMONDSON MICHAEL EDMONDSON, COMMISSIONER

4432 ATTEST:

COUNTY HOME RULE ORDINANCES

s/ SHELBY D. HAYWOOD SHELBY D. HAYWOOD, CLERK

ORDINANCE 2007-17

The first reading of the above and foregoing Ordinance was held at the Regular Business Meeting of the Board of County Commissioners of Clayton County on January 2, 2007 with the following members present and voting in favor of same: Vice Chairman Sonna Singleton, Commissioner Wole Ralph, and Commissioner Michael Edmondson. Chairman Eldrin Bell and Commissioner Virginia Burton Gray opposed. The motion carried 3-2.

s/ SHELBY D. HAYWOOD SHELBY D. HAYWOOD, CLERK CLAYTON COUNTY BOARD OF COMMISSIONERS

The second reading ofthe above and foregoing Ordinance was held at the Regular Business Meeting ofthe Board ofCounty Commissioners ofClayton County on January 16,2007 with the following members present and voting in favor of same: Vice Chairman Sonna Singleton, Commissioner Wole Ralph, and Commissioner Michael Edmondson. Chairman Eldrin Bell and Commissioner Virginia Burton Gray opposed. The motion carried 3-2.

s/ SHELBY D. HAYWOOD SHELBY D. HAYWOOD, CLERK CLAYTON COUNTY BOARD OF COMMISSIONERS

Having been read during the Regular Business Meetings of the Board of Commissioners of Clayton County on January 2, 2007 and January 16, 2007, Ordinance 2007-17 was adopted at the Regular Business Meeting ofJanuary 16, 2007. The following members were present on January 16,2007 and voted in favor of Ordinance 2007-17: Vice Chairman Sonna Singleton, Commissioner Wole Ralph, and Commissioner Michael Edmondson. Also present were two (2) members who voted in opposition of Ordinance 2007-17: Chairman Eldrin Bell and Commissioner Virginia Burton Gray. The motion carried 3-2.

s/ SHELBY D. HAYWOOD SHELBY D. HAYWOOD, CLERK CLAYTON COUNTY BOARD OF COMMISSIONERS

ATTEST:

GEORGIA LAWS 2007 SESSION

4433

s/ SHELBY D. HAYWOOD SHELBY D. HAYWOOD CLERK OF THE COMMISSION January 16, 2007 (SEAL)

CLERK'S CERTIFICATION

I, SHELBY D. HAYWOOD, the duly appointed, qualified, and acting Clerk ofthe Board of Commissioners of Clayton County, Georgia (the "County"), DO HEREBY CERTIFY that the foregoing pages of typewritten matter constitute true and correct copies of an ordinance adopted on January 16,2007, by the Board of Commissioners of the County in a meeting duly called and assembled in accordance with applicable laws and with the
procedures of the County, by a vote of l Yea and Nay, which meeting was open to the
public and at which a quorum was present and acting throughout, and that the originals of the foregoing ordinances appear of public record in the Minute Book of the County, which is in my custody and control.

GIVEN under my hand and the seal of the County, this 16th day of January 2007.

(SEAL)

s/ SHELBY D. HAYWOOD Clerk, Board ofCommissioners ofClayton County

State of Georgia County of Clayton

Personally appeared before the undersigned, SARAH WILLIFORD, who after being first duly sworn states that she is the ADVERTISING ACCOUNT REPRESENTATIVE for the Clayton News Daily, official legal organ of CLAYTON COUNTY, GEORGIA, and that upon her own personal knowledge she knows that the advertisement, a true copy of which is hereto annexed, was published in said newspaper of general circulation on the following dates: January 4th, 9th and 16th, 2007

s/ SARAH W. WILLIFORD Affiant

4434

COUNTY HOME RULE ORDINANCES

Sworn to and subscribed before me this 17th day of January, 2007.

s/ RITA M. CAMP Signed Rita M. Camp, Notary Public My commission expires November 23, 2008.

(SEAL)

NOTICE OF INTENTION TO CONSIDER AN ORDINANCE AMENDING THE CODE OF ORDINANCES AS IT RELATES TO THE CLAYTON COUNTY, GEORGIA BOARD OF COMMISSIONERS MEETINGS

Notice is hereby given that the Clayton County Board of Commissioners will consider an Ordinance proposed under the Home Rule Powers granted to Clayton County, Georgia pursuant to the Constitution of the State of Georgia of 1983. The Ordinance relates to the Clayton County, Georgia Board of Commissioners Meetings, specifically amending the Clayton County Code ofOrdinances, specifically relevant Section 2-4 providing for a change in the number of regular meetings of the Board of Commissioners and the time of day for those regular business meetings, and Article II, Sections 2-31 and 2-34 moving the Work Session to the first Tuesday of the month and establishing a time of day for the Work Session meeting. The Ordinance further provides for severability; the repeal of conflicting laws, ordinances and resolutions; an effective date; and other purposes.

The Ordinance will be considered by the Board of Commissioners for adoption following a second reading during its regularly scheduled meeting commencing at 9:00a.m. on January 16th, 2007, in the Commissioners' Board Room located at 112 Smith Street, Jonesboro, Georgia. A copy of the proposed Ordinance is on file in the Office of the Clerk of the Superior Court of Clayton County for the purpose of examination and inspection by the public. The Clerk of the Superior Court will furnish anyone, upon writien request, a copy of the proposed Ordinance. The Ordinance may also be reviewed and copied at the Clayton County Commissioners' Office located at 112 Smith Street, Jonesboro, Georgia. Questions may be directed to Michael L. Smith, Clayton County Chief Staff Attorney, at the Clayton County Commissioners Office or by telephone at (770) 477-3207.

Filed in the Office of the Secretary of State January 29, 2007.

GEORGIA LAWS 2007 SESSION HANCOCK COUNTY- PERSONNEL DECISIONS.

4435

A RESOLUTION TO AMEND THE 1984 LOCAL ACT OF HANCOCK COUNTY

WHEREAS, the 1984 Local Act of Hancock County expressly provided that each of the five (5) members of the Hancock County Board of Commissioners shall have an equal vote in all matters pertaining to the affairs of Hancock County;

WHEREAS, the Hancock County Board ofCommissioners voted in 1990 to adopt the 1990 Personnel Policies;

WHEREAS, the 1990 Personnel Policies provided in Section Paragraph 2.103 of the 1990 Personnel Policies provided the "appointing authority" is, "[t]he person who has, among other authorities, the authority to appoint and discharge all covered employees. The County Commission chairperson is the appointing authority for Hancock County".

WHEREAS, on December 29,2004, the Board of Commissioners properly amended the 1990 Personnel Policies by changing Paragraph 2.103 so that it provided that the "appointing authority" is "[t]he entity/person who has, among other authorities, the authority to hire, appoint, discipline and discharge all covered employees. The 2004 Amendment further provided that the "Hancock County Board of Commissioners shall be the appointing authority for Hancock County."

WHEREAS, a majority of the Board of Commissioners desires to amend the 1984 Local Act to expressly grant the power to hire, appoint, discipline and discharge all county employees to the Hancock County Board of Commissioners, making the Hancock County Board of Commissioners the "appointing authority", consistent with the 2004 Amendment to the 1990 Personnel Policies.

NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of Hancock County, Georgia as follows:

Section 1. An Act creating the Board of Commissioners of Hancock County, approved October 5, 1885 (Ga. L. 1884-85, p. 435), as amended, particularly by an Act approved March 12, 1984 (Ga. L. 1984, p. 3814), is amended by adding at the end of Section VIII(a) the following:

This shall include, but not be limited to the power to hire, appoint, discipline and discharge all county employees. Henceforth, the decision as to whether to hire, appoint, discipline and/or discharge a county employee shall be determined by a majority vote ofthe Hancock County Board of Commissioners. The Chairman of the Hancock County Board of

4436

COUNTY HOME RULE ORDINANCES

Commissioners shall not have the unilateral authority to hire, appoint, discipline and discharge county employees.

Section 2. Section VIII(b)(I) shall be amended by replacing said section, in its entirety, with the following:

The chairman shall carry out, execute and enforce the ordinances, policies, rules, and regulations of the Hancock County Board of Commissioners when such ordinances, policies, rules and regulations are enacted by the majority of the Hancock County Board of Commissioners. No single member of the board shall directly or indirectly order, instruct, or otherwise attempt to control the actions of county personnel as such actions shall be subject to the administrative and supervisory control of the majority of the Hancock County Board of Commissioners.

Section VIII(b)(2) shall remain intact and unchanged.

Section 3. This Act shall become effective upon its approval by the Governor or upon it becoming law without such approval.

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

BE IT SO RESOLVED, THIS 5 day of Dec, 2006.

BOARD OF COMMISSIONERS OF HANCOCK COUNTY, GEORGIA

s/ ADAM W. JACKSON Vice Chairman

ATTEST: APPROVED AS TO FORM:

sf LEE W. 0. SHAFER

SPONSORED BY:

s/ ADAM JACKSON Vice Chairman

GEORGIA LAWS 2007 SESSION

4437

A RESOLUTION TO AMEND THE 1984 LOCAL ACT OF HANCOCK COUNTY

WHEREAS, the 1984 Local Act of Hancock County expressly provided that each of the five (5) members of the Hancock County Board of Commissioners shall have an equal vote in all matters pertaining to the affairs of Hancock County;

WHEREAS, the Hancock County Board of Commissioners voted in 1990 to adopt the 1990 Personnel Policies;

WHEREAS, the 1990 Personnel Policies provided in Section Paragraph 2.103 of the 1990 Personnel Policies provided the "appointing authority" is, "[t] he person who has, among other authorities, the authority to appoint and discharge all covered employees. The County Commission chairperson is the appointing authority for Hancock County".

WHEREAS, on December 29,2004, the Board of Commissioners properly amended the 1990 Personnel Policies by changing Paragraph 2.103 so that it provided that the "appointing authority" is "[t]he entity/person who has, among other authorities, the authority to hire, appoint, discipline and discharge all covered employees. The 2004 Amendment further provided that the "Hancock County Board of Commissioners shall be the appointing authority for Hancock County."

WHEREAS, a majority of the Board of Commissioners desires to amend the 1984 Local Act to expressly grant the power to hire, appoint, discipline and discharge all county employees to the Hancock County Board of Commissioners, making the Hancock County Board of Commissioners the "appointing authority", consistent with the 2004 Amendment to the 1990 Personnel Policies.

NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of Hancock County, Georgia as follows:

Section I. An Act creating the Board of Commissioners of Hancock County, approved October 5, 1885 (Ga. L. 1884-85, p. 435), as amended, particularly by an Act approved March 12, 1984 (Ga. L. 1984, p. 3814), is amended by adding at the end of Section VIII(a) the following:

This shall include, but not be limited to the power to hire, appoint, discipline and discharge all county employees. Henceforth, the decision as to whether to hire, appoint, discipline and/or discharge a county employee shall be determined by a majority vote of the Hancock County Board of Commissioners. The Chairman of the Hancock County Board of Commissioners shall not have the unilateral authority to hire, appoint, discipline and discharge county employees.

4438

COUNTY HOME RULE ORDINANCES

Section 2. Section VIII(b)(1) shall be amended by replacing said section, in its entirety, with the following:

The chairman shall carry out, execute and enforce the ordinances, policies, rules, and regulations of the Hancock County Board of Commissioners when such ordinances, policies, rules and regulations are enacted by the majority of the Hancock County Board of Commissioners. No single member of the board shall directly or indirectly order, instruct, or otherwise attempt to control the actions of county personnel as such actions shall be subject to the administrative and supervisory control of the majority of the Hancock County Board of Commissioners.

Section VIII(b)(2) shall remain intact and unchanged.

Section 3. This Act shall become effective upon its approval by the Governor or upon it becoming law without such approval.

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

BE IT SO RESOLVED, THIS 19 day of Dec, 2006.

BOARD OF COMMISSIONERS OF HANCOCK COUNTY, GEORGIA

s/ ADAM W. JACKSON Vice Chairman

ATTEST: APPROVED AS TO FORM:

s/ LEE W. 0. SHAFER

SPONSORED BY:

s/ ADAM W. JACKSON Vice Chairman

GEORGIA LAWS 2007 SESSION
THE SPARTA ISHMAELITE AFFIDAVIT OF PUBLICATION

4439

GEORGIA, WASHINGTON COUNTY

Personally appeared before the undersigned attesting officer, Jessica Woods, who having been duly sworn, says on oath that she is the Business Manager of The Sparta Ishmaelite and the legal advertisement was published in said newspaper on the following dates:

Re: Notice of Intent to Introduce Amendment to local Act by Home Rule. Run dates Nov. 30, 2006, Dec. 7, 2006. Authority to hire, appoint, discipline & discharge employees.

This the 08th day of February, 2007.

(SEAL)

Sworn to and subscribed before me this 08th day of February, 2007.

s/ HEIDI DANIEL Notary Public

NOTICE OF INTENT TO INTRODUCE AMENDMENT TO LOCAL ACT BY HOME RULE

Notice is given that there will be introduced in the regular 2007 session of the General Assembly of Georgia a bill to amend an Act creating a Board of Commissioners of Hancock County, approved October 5, 1885 (Ga. L. 1884-1885) as amended, particularly by an Act approved January 1, 2002. The amendment shall grant to the Board of Commissioners the authority to sign checks so long as three members of the Board of Commissioners sign the checks. This amendment shall eliminate the need to obtain the signature of the Chairman of the Board of Commissioners on all checks. A copy of the proposed amendment is on file in the office of the Clerk of the Superior Court of Hancock County for the purpose of examination and inspection by the public.

Filed in the Office of the Secretary of State April 10, 2007.

4440

COUNTY HOME RULE ORDINANCES HANCOCK COUNTY- SIGNATURES REQUIRED ON CHECKS.

A RESOLUTION TO AMEND HOUSE BILL 888/LOCAL ACTOFHANCOCKCOUNTY

WHEREAS, House Bill 888/Local Act of Hancock County expressly provided that all checks ofthe county must bear the signatures of the chairperson and one other commissioner, except in case of emergency when the chairperson is out of the county for more than 72 consecutive hours or has been declared incompetent, in which case the signatures of two commissioners shall be required.

WHEREAS, a majority ofthe Board ofCommissioners desire to amend the 2002 Local Act to expressly require that all checks bear the signatures ofthree of the commissioners serving on the Hancock County Board of Commissioners and to eliminate the requirement that the Chairman of the Board of Commissioners sign all county checks.

NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of Hancock County, Georgia as follows:

Section I. An Act creating the Board of Commissioners of Hancock County, approved October 5, 1885 (Ga. L. 1884-85, p. 435), as amended, particularly by an Act approved January I, 2002 (HB 888) is amended as follows:

Section 2. Section VIII(d) shall be amended by replacing said section, in its entirety, with the following:

All checks of the county must bear the signatures of three commissioners serving on the Hancock County Board of Commissioners. It is not required that the Chairman of the Hancock County Board of Commissioners be a signer.

Section 3. This Act shall become effective upon its approval by the Governor or upon it becoming law without such approval.

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

BE IT SO RESOLVED, THIS 5 day of Dec, 2007.

GEORGIA LAWS 2007 SESSION
BOARD OF COMMISSIONERS OF HANCOCK COUNTY, GEORGIA

4441

s/ ADAM W. JACKSON Vice Chairman

ATTEST: APPROVED AS TO FORM:

s\ LEE W. 0. SHAFER

SPONSORED BY:

s\ ADAM W. JACKSON Vice Chairman

A RESOLUTION TO AMEND HOUSE BILL 888/LOCAL ACTOFHANCOCKCOUNTY

WHEREAS, House Bill 888/Local Act of Hancock County expressly provided that all checks ofthe county must bear the signatures ofthe chairperson and one other commissioner, except in case of emergency when the chairperson is out of the county for more than 72 consecutive hours or has been declared incompetent, in which case the signatures of two commissioners shall be required.

WHEREAS, a majority of the Board of Commissioners desire to amend the 2002 Local Act to expressly require that all checks bear the signatures of three of the commissioners serving on the Hancock County Board of Commissioners and to eliminate the requirement that the Chairman of the Board of Commissioners sign all county checks.

NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of Hancock County, Georgia as follows:

Section I. An Act creating the Board of Commissioners of Hancock County, approved October 5, 1885 (Ga. L. 1884-85, p. 435), as amended, particularly by an Act approved January I, 2002 (HB 888) is amended as follows:

Section 2. Section VIII(d) shall be amended by replacing said section, in its entirety, with the following:

4442

COUNTY HOME RULE ORDINANCES

All checks of the county must bear the signatures of three commissioners serving on the Hancock County Board of Commissioners. It is not required that the Chairman of the Hancock County Board of Commissioners be a signer.

Section 3. This Act shall become effective upon its approval by the Governor or upon it becoming law without such approval.

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

BE IT SO RESOLVED, THIS 19 day of Dec, 2007.

BOARD OF COMMISSIONERS OF HANCOCK COUNTY, GEORGIA

s/ADAM W. JACKSON Vice Chairman

ATTEST: APPROVED AS TO FORM:

s\ LEE W. 0. SHAFER

SPONSORED BY:

s\ ADAM JACKSON Vice Chairman

THE SPARTA ISHMAELITE AFFIDAVIT OF PUBLICATION

GEORGIA, WASHINGTON COUNTY

Personally appeared before the undersigned attesting officer, Jessica Woods, who having been duly sworn, says on oath that she is the Business Manager of The Sparta Ishmaelite and the legal advertisement was published in said newspaper on the following dates:

Re: Notice oflntent to Introduce Amendment to Local Act by Home Rule. -to sign checks w/3 members Run Nov. 30, 2006, Dec. 7, 2006

s\ JESSICA WOODS Business Manager

GEORGIA LAWS 2007 SESSION This the 8th day of February, 2007.

4443

(Seal)

Sworn to and subscribed before me this 8th day of February, 2007.

s\ HEIDI DANIEL Notary Public

NOTICE OF INTENT TO INTRODUCE AMENDMENT TO LOCAL ACT BY HOME RULE

Notice is given that there will be introduced in the regular 2007 session of the General Assembly of Georgia a bill to amend an Act creating a Board of Commissioners of Hancock County, approved October 5, 1885 (Ga. L. 1884-1885) as amended, particularly by an Act approved January 1, 2002. The amendment shall grant to the Board of Commissioners the authority to sign checks so long as three members of the Board of Commissioners sign the checks. This amendment shall eliminate the need to obtain the signature of the Chairman of the Board of Commissioners on all checks. A copy of the proposed amendment is on file in the office of the Clerk of the Superior Court of Hancock County for the purpose of examination and inspection by the public.

THE SPARTA ISHMAELITE AFFIDAVIT OF PUBLICATION

GEORGIA, WASHINGTON COUNTY

Personally appeared before the undersigned attesting officer, Jessica Woods, who having been duly sworn, says on oath that she is the Business Manager of The Sparta Ishmaelite and the legal advertisement was published in said newspaper on the following dates:

Dec. 14, 2006. Resolution

s\ JESSICA WOODS Business Manager

4444

COUNTY HOME RULE ORDINANCES

This the 22nd day of January, 2007.

(Seal)

Sworn to and subscribed before me this 22nd day of January, 2007.

s\ HEIDI DANIEL Notary Public

NOTICE OF INTENT TO INTRODUCE AMENDMENT TO LOCAL ACT BY HOME RULE

Notice is given that there will be introduced in the regular 2007 session of the General Assembly of Georgia a bill to amend an Act creating a Board of Commissioners of Hancock County, approved October 5, 1885 (Ga. L. 1884-1885) as amended, particularly by an Act approved January 1, 2002. The amendment shall grant to the Board of Commissioners the authority to sign checks so long as three members of the Board of Commissioners sign the checks. This amendment shall eliminate the need to obtain the signature of the Chairman of the Board of Commissioners on all checks. A copy of the proposed amendment is on file in the office of the Clerk of the Superior Court of Hancock County for the purpose of examination and inspection by the public.

Filed in the Office of the Secretary of State April 10, 2007.

HOME RULE ORDINANCES
OF MUNICIPAL CORPORATIONS

GEORGIA LAWS 2007 SESSION CITY OF CHAMBLEE- ZONING; NOTICE OF INTENT; REPEAL.

4447

PROPOSED ORDINANCE NO. 548

AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF CHAMBLEE, GEORGIA, ARTICLE 1, SECTION 27.1 "ZONING PROCEDURE" TO DELETE SAID SECTION AND FOR ALL OTHER
LAWFUL PURPOSES

BE IT ORDAINED AND IT IS HEREBY ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CHAMBLEE, GEORGIA THAT THE PROVISIONS OF ARTICLE 1, SECTION 27.1 OF THE CHARTER OF THE CITY OF CHAMBLEE SHALL BE AMENDED BY DELETING SAID SECTION 27.1 IN ITS ENTIRETY.

The foregoing was proposed by Council member Copeland with a motion that the same be adopted. Said motion was seconded by Council member Gibert. Same was then put to a vote and five Council members voted in favor of the Ordinance and 0 Council members voted against the Ordinance. Said motion was thereupon declared passed and duly adopted this 20th day June, 2006.

s/ BECKY CRAVEN Becky Craven, CMC City Clerk, City of Chamblee, Georgia

Approved this 20th day of June, 2006.

s/ ERIC CLARKSON The Honorable Eric Clarkson Mayor, City of Chamblee, Georgia

Approved as to form:

s/ JOE FOWLER City Attorney

First reading: Second Reading

May 16, 2006 June 20, 2006

4448

MUNICIPAL HOME RULE ORDINANCES PUBLISHER'S AFFIDAVIT

STATEOFGEORGM COUNTYOFDEKALB

Personally appeared before me, the undersigned, a Notary Public within and for said county and state, Carolyn J. Glenn, Publisher of The Champion Newspaper, published at Decatur, County ofDeKalb, State of Georgia, and being the official organ for the publication of legal advertisements for said county, who being duly sworn, states on oath that the report of PUBLIC NOTICES, AMEND CHARTER CHAMBLEE was published in said newspaper on the following date(s): 04/27/06, 05104106, 05/11106

s/ CAROLYN JERNIGAN GLENN CAROLYN J. GLENN, PUBLISHER

Sworn to and subscribed before me this 05/12/06.

s/ Jacqueline Bryant Notary Public My commission expires September 22, 2006 (SEAL)

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

Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Chamblee (GA. L. 1935 p. 976 et seq. approved March 28, 1935) so as to amend Article 1, Section 27.1, Zoning Procedure of the Charter and related laws of the City so as to delete the requirement that a notice be published of the intention of the governing body to pass any ordinance or resolution zoning, districting or restricting the use of any property or changing the status of any property when once fixed, said section being redundant of the requirements of "The Zoning Procedures law of the State of Georgia.

A copy of the proposed Ordinance to amend the Charter is on file in the Office of the City Clerk of the City of Chamblee, Georgia and the Office of the Clerk of the Superior Court of DeKalb County, Georgia for the purpose of examination and inspection by the public.

GEORGIA LAWS 2007 SESSION
This 19th day of April, 2006
Becky Craven, CMC City Clerk City of Chamblee, Georgia
Filed in the Office of the Secretary of State July 3, 2006.

4449

CITY OF COVINGTON- CABLE TELEVISION; DELETE.
AN ORDINANCE TO AMEND SECTION 21 OF THE CHARTER OF THE CITY OF COVINGTON BY DELETING THE WORDS "CABLE TELEVISION" THEREFROM; TO REPEAL ALL OTHER ACTS AND ORDINANCES IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES.
WHEREAS, the City of Covington, Georgia, a municipal corporation of the State of Georgia (the "City"), operates pursuant to the Constitution and laws of the State of Georgia and its Charter, approved January 30, 1962, (Ga. L. 1962, p. 2003), as amended; and
WHEREAS, the City has now determined that it is necessary to make certain amendments to its Charter pursuant to its home rule powers granted under the provisions of Article IX, Section II, Paragraph II of the Constitution of the State of Georgia and O.C.G.A. Section 36-35-l through 36-35-7;
NOW, THEREFORE, BE IT ORDAINED by the Mayor and council of the City of Covington in council duly assembled and IT IS HEREBY ORDAINED, by the authority of the same, as follows:
Section l. The Charter ofthe City ofCovington, Georgia, which was established by an Act creating a new Charter for the City of Covington, Georgia, approved on January 30, 1962, (Ga. L. 1962, p. 2003), as amended, is hereby amended by deleting the words, "cable television" from Section 21 thereof.
Section 2. All portions of the Charter or amendments thereto or all ordinances in conflict herewith shall be and the same are hereby repealed.
Section 3. If any part of this ordinance shall be declared void, it is the intent and the purpose hereof that all other provisions not so declared void shall remain in full force and effect.

4450

MUNICIPAL HOME RULE ORDINANCES

Section 4. The City Clerk is hereby authorized and directed to cause a notice, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference, to be published in The Covington News, the official newspaper in which Sheriffs advertisements are published in Newton County, in which the city is located, once a week for three weeks within a period of sixty days immediately preceding the day of the final adoption of this ordinance. The City Clerk is also hereby authorized and directed to cause the publisher of The Covington News to execute an affidavit of such publication.

This ordinance was introduced and read at a lawful meeting of the Council of the City of Covington held on June 19, 2006, and read the second time, passed, and adopted in like meeting held on July 10, 2006.

By: s/ SAM RAMSEY SAM RAMSEY, Mayor

Attest: s/ JOHN H. GROTHEER, JR. JOHN H. GROTHEER, JR., City Clerk

(CITY SEAL)

EXHIBIT A

NOTICE OF INTENTION TO AMEND CHARTER OF THE CITY OF COVINGTON, GEORGIA
BY ORDINANCE PURSUANT TO THE PROVISIONS OF THAT ACT OF THE GENERAL ASSEMBLY KNOWN AS
"THE MUNICIPAL HOME RULE ACT OF 1965"

CITY OF COVINGTON, GEORGIA NEWTON COUNTY

Notice is hereby given that an ordinance will be introduced on June 19, 2006, and read for final adoption on July 10, 2006, to amend the Charter of the City of Covington, Georgia, which was created by an act amended on January 30, 1962, (Ga. L. 1962, p. 2003), as amended, so as to delete cable television from among the properties listed in Section 21 as requiring a special election for a sale, conveyance or disposition thereof.

A copy of this proposed amendment is on file in the office of the Clerk of the City of Covington, 2194 Emory Street, N. W ., Covington, Georgia, and is on file in the office of the Clerk of the Superior Court of Newton County, 1132 Usher Street, N. W., Covington, Georgia, for the purpose of examination and inspection by the public, all as required by law.

GEORGIA LAWS 2007 SESSION This 9th day of June, 2006.

4451

JOHN H. GROTHEER, JR., City Clerk

The Covington News Affidavit of Publication

State of Georgia Newton County

Personally appeared before the undersigned officer:

Charles Hill Morris

Who says under oath that he is Publisher of The Covington News, a newspaper having a general circulation and whose principal office is in said Newton County, and that the attached legal advertisement, Notice oflntention to Amend Charter ofthe City ofCovington, Georgia, by Ordinance Pursuant to the Provisions of that Act of the General Assembly known as "The Municipal Home Rule Act of 1965" published in The Covington News June 14, 21 and 28, 2006.

sf CHARLES HILL MORRIS, JR. Charles Hill Morris

Sworn to and subscribed before me the 13th day of July, 2006.

sf GAIL MOONEYHAM Notary Public My Commission Expires July 8, 2007. (SEAL}

PUBLIC NOTICE

NOTICE OF INTENTION TO AMEND CHARTER OF THE CITY OF COVINGTON, GEORGIA BY ORDINANCE PURSUANT TO THE PROVISION OF THAT ACT OF THE GENERAL ASSEMBLY KNOWN AS "THE MUNICIPAL HOME RULE ACT OF 1965"

4452

MUNICIPAL HOME RULE ORDINANCES

CITY OF COVINGTON, GEORGIA, NEWTON COUNTY

Notice is hereby given that an ordinance will be introduced on June 19, 2006, and read for final adoption on July 3, 2006, to amend the Charter of the City of Covington, Georgia, which was created by an act amended on January 30, 1962, (Ga. L. 1962, p. 2003), as amended so as to delete cable television from among the properties listed in Section 21 as requiring a special election for a sale, conveyance or disposition thereof.

A copy of this proposed amendment is on file in the office of the Clerk of the City of Covington, 2194 Emory Street, N. W ., Covington, Georgia, and is on file in the office of the Clerk of the Superior Court ofNewton County, 1132 User Street, N. W. Covington, Georgia, for the purpose examination and inspection by the public, all as required by law.

This 9th day of June, 2006.

Filed in the Office of the Secretary of State July 20, 2006.

CITY OF MILNER-MAYOR AND COUNCIL; COMPENSATION.
RESOLUTION AMENDING THE CITY OF MILNER, GEORGIA CHARTER
WHEREAS, the presently effective Charter of the City of Milner, Georgia was adopted by local Act of the Georgia General Assembly on April25, 1969 (hereafter, "Charter of 1969");
WHEREAS, Section 2-8 of the Charter of 1969 provides that the Mayor of the City of Milner, Georgia shall receive a salary not exceeding one thousand dollars ($1 ,000.00) per year, as the Council may fix by ordinance or resolution;
WHEREAS, Section 2-9 of the Charter of 1969 provides that each member of the Council of the City of Milner, Georgia shall receive a salary not exceeding five hundred dollars ($500.00) per year, as the Council may fix by ordinance or resolution;
WHEREAS, pursuant to O.C.G.A. 36-35-4 (a), the governing authority of each municipal corporation is authorized to fix the salary, compensation, and expenses of its municipal employees and the members of its municipal governing authority;
WHEREAS, the Mayor and Council of the City of Milner, Georgia believe that an increase to the salaries paid to the Mayor and Councilmembers is warranted so as to adequately compensate the Mayor and Councilmembers for their time and effort in actively participating

GEORGIA LAWS 2007 SESSION

4453

in the government of the City of Milner, Georgia, and to encourage citizens of the City of Milner, Georgia to seek membership on the City of Milner, Georgia's governing authority;

WHEREAS, it is deemed by the Mayor and Council of the City of Milner, Georgia that an amendment to the Charter of 1969 is of substantial benefit to the public and in the promotion of the best interests and general welfare of the people;

NOW THEREFORE, IT SHALL BE AND IS HEREBY RESOLVED by the Mayor and Council of the City of Milner, Georgia, that the Charter of 1969 shall be and is hereby amended as follows:

Section 1: The existing text of the Charter of 1969, Section 2-8 (Salary of Mayor), shall be deleted, and replaced with the following text:

Section 2-8. Salary of Mayor.

The Mayor shall receive a salary or compensation as provided by ordinance.

Section 2: The existing text of the Charter of 1969, Section 2-9 (Salaries of Councilmen), shall be deleted, and replaced with the following text:

Section 2-9. Salaries of Councilmembers.

Each Councilmember shall receive a salary or compensation as provided by ordinance.

Section 3: The foregoing amendments to the Charter of 1969 shall become effective immediately upon adoption of this resolution at two regular consecutive meetings of the Mayor and Council of the City of Milner, Georgia.

Section 4: All Ordinances or resolutions in conflict herewith shall be and are hereby, repealed.

First Reading: May 17, 2006 Second Reading June 21, 2006

SIGNED:

s/ JOE BOSTWICK Mayor

4454

MUNICIPAL HOME RULE ORDINANCES

ATTESTED:

sf JESSICA ENGLISH Jessica English City Clerk

State of Georgia County of Lamar

Affidavit of Publisher

Personally appeared before me, the undersigned officer, duly authorized to administer oaths in said County and State, Walter B. Geiger, Jr., who, having been duly sworn, deposes and says on oath that he is the Publisher of THE HERALD-GAZETTE, that, as such, he is authorized to make this affidavit, and that the attached notice was published in THE HERALD GAZETTE, a local newspaper of general circulation in Lamar County, Georgia on 5f30, 6f6, 6f!3, 2006.

This 21 day of June, 2006.

sf Walter B. Geiger, Jr. Walter B. Geiger, Jr., Publisher

Sworn to and subscribed before me this 22 day of June 20, 2006.

sf Melissa E. Ware Melissa E. Ware Notary Public, Lamar County, Georgia My Commission Expires: May 18, 2007

The Milner City Council shall hold a public hearing at I 0:00 a.m. on June 21, 2006 at the Milner City Hall to consider the final adoption of an ordinance to amend the City of Milner Charter. The proposed ordinance would amend Section 2-8 and 2-9 of the Charter to remove the caps placed upon the salaries of the Mayor and Council and provide that the Mayor and Council shall receive a salary or compensation as provided by ordinance. A copy of the proposed amendment is on file in the Milner City Hall and in the office of the Clerk of the Superior Court ofLamar County for the purpose ofexamination and inspection by the public.

Filed in the Office of the Secretary of State August 22, 2006.

GEORGIA LAWS 2007 SESSION
CITY OF ATLANTA- ELECTED OFFICIALS; DISCLOSURE OF RELATIVES EMPLOYED BY CITY; USE OF ELECTRONIC FORM.

4455

CITY COUNCIL ATLANTA, GEORGIA

AN AMENDED ORDINANCE BY COMMITTEE ON COUNCIL

06-0-1595

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, O.C.G.A. SECTION 36-35-l. ET SEQ., AS AMENDED, SO AS TO AMEND THE CHARTER OF THE CITY OF ATLANTA, GEORGIA, 1996 GA LAWS P. 4469, ET SEQ., BY AMENDING ARTICLE 5, CHAPTER 4, SECTION 5-402 (b) SO AS TO REQUIRE THAT THE MANDATORY PUBLIC DISCLOSURE OF THE IDENTITIES OF THE RELATIVES OF ELECTED OFFICIALS BE FULFILLED VIA THE FILING OF AN ELECTRONIC DISCLOSURE OF CONFLICTS OF INTEREST FORM; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES.

WHEREAS, the Charter of The City of Atlanta, Georgia, 1996 Ga Laws P. 4469, et seq. (hereinafter "the Charter") establishes the legislative power of the governing authority (hereinafter "the Council" or "Council") to amend the Charter of the City of Atlanta (hereinafter "City") by ordinance; and

WHEREAS, the Committee on Council held work sessions and meetings to review the Charter to suggest and effectuate amendments thereto; and

WHEREAS, there is a mandatory requirement that elected officials publicly disclose the identity of any relative employed by the City, prior to February 15 of each year, via the completion of a form, as prescribed by the board of ethics; and

WHEREAS, the form on which elected officials must publicly disclose the identity of their relatives, employed by the City, is not specifically described; and

WHEREAS, it is the intent of Council that elected officials meet the mandatory disclosure requirements, as outlined in Section 5-402(b) of the Charter, via the submission of an electronic Disclosure of Conflicts of Interest form.

4456

MUNICIPAL HOME RULE ORDINANCES

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

Section 1: Article 5, Chapter 4, Section 5-402 (b), which reads:

Any elected official shall disclose publicly the identity of any relative, as defined in the code of ordinances, employed by the city, prior to February 15 of each year by filing such form as prescribed by the board of ethics.

be hereby amended to read as follows:

Any elected official shall disclose publicly the identity of any relative, as defined in the Code of Ordinances, employed by the city on or before February 15th of each year, by the submission of an electronic form prescribed by the Board of Ethics.

Section 2: That all ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict.

ADOPTED as amended by the Council SEP 05, 2006

APPROVED by the Mayor

SEP 13,2006

A true copy, sf FORIS WEBB III Deputy Clerk

Exhibit "A"

"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 5-402 (Entitled "Disclosures") of the Charter of the City of Atlanta, Georgia (1996 Ga. L. (Act No. 1019), p. 4469, et seq.) as amended, so as to require that mandatory public disclosure of the identities ofelected officials' relatives be fulfilled via the filing ofan electronic disclosure of conflicts of interest form; 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.

GEORGIA LAWS 2007 SESSION This _ day of _____,2006.

4457

Rhonda Dauphin Johnson Municipal Clerk City of Atlanta

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF FULTON

ANNETTE HEAD, 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 of general circulation published in the City of Atlanta, Georgia, and who further states under oath that the Advertisement attached hereto and made part of this affidavit appeared in The Atlanta Journal - Constitution on the following date(s): AUGUST 17, 24, 31,2006.

SWORN TO AND SUBSCRIBED BEFORE ME, THIS 7TH DAY OF SEPTEMBER 2006 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, GEORGIA

Notice is hereby given that an Ordinance (06-0-1595) has been introduced to amend Section 5-402 (Entitled "Disclosures") of the Charter of the City of Atlanta, Georgia (1996 Ga. L. (Act No. I0 19), P. 4469, Et Seq.), as amended, so as to require that mandatory public disclosure of the identities of elected officials relatives be fulfilled vial the filing of an electronic disclosure of conflicts of interest form; 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.

4458

MUNICIPAL HOME RULE ORDINANCES

GIVEN UNDER MY HAND AND SEAL OF THIS OFFICE ON THIS 9th day of August, 2006.

Rhonda Dauphin Johnson MUNICIPAL CLERK, CMC

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF FULTON Re:712666

Before me, the undersigned, a Notary Public, this day personally came Julia Kelly 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:

08/17/2006, 08/24/2006, 08/31/2006

s/ Julia Kelly Julia Kelly (Agent)

s/ K. Mosley Kaweemah Mosley (Notary Public)

Subscribed and sworn to before me this 08/17/2006, 08/24/2006, 08/31/2006 of August, 2006. (SEAL)

PUBLIC NOTICE

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

Notice is hereby given that an Ordinance (06-0-1595) has been introduced to amend Section 5-402 (Entitled "Disclosures") of the Charter of the City of Atlanta, Georgia (1996 Ga. L. (Act No. 1019), P. 4469; Et. Seq.), as amended, so as to require that mandatory public disclosure of the identities of elected officials' relatives be fulfilled vial the filing of an electronic disclosure of conflicts of interest form; and for other purposes.

GEORGIA LAWS 2007 SESSION

4459

A copy of the proposed amendment is on file in the office ofthe 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 9th day of August, 2006.

Rhonda Dauphin Johnson MUNICIPAL CLERK, CMC

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF DEKALB

Personally appeared before me, the undersigned, a Notary Public within and for said county and state, Carolyn J. Glenn, Publisher of The Champion Newspaper, published at Decatur, County ofDeKalb, State of Georgia, and being the official organ for the publication oflegal advertisements for said county, who being duly sworn, states on oath that the report of PUBLIC NOTICES, 06-0-1595 was published in said newspaper on the following date(s):

08117/06, 08/24/06, 08/31106

s/ CAROLYN JERNIGAN GLENN Carolyn J. Glenn, Publisher

Sworn to and subscribed before me this 08/31/06.

s/ JACQUELINE BRYANT 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 (06-0-1595) has been intro.duced to amend Section 5-402 ("Entitled Disclosures") of the Charter of the City of Atlanta, Georgia (1996 Ga. L. (Act No. 1019), P. 4469; Et. Seq.), as amended, so as to require that mandatory public

4460

MUNICIPAL HOME RULE ORDINANCES

disclosure of the identities of elected officials' relatives be fulfilled vial the filing of an electronic disclosure of conflicts of interest form; 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.

Filed in the Office of the Secretary of State September 19, 2006.

CITY OF ATLANTA -DISCLOSURE OF CONFLICTS OF INTEREST; USE OF ELECTRONIC FORM.

CITY COUNCIL ATLANTA, GEORGIA

AN AMENDED ORDINANCE BY COMMITTEE ON COUNCIL

06-0-1596

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, O.C.G.A. SECTION 36-35-1. ET SEQ., AS AMENDED, SO AS TO AMEND THE CHARTER OF THE CITY OF ATLANTA, GEORGIA, 1996 GA LAWS P. 4469, ET SEQ., BY AMENDING ARTICLE 2, CHAPTER 3, SECTION 2-302 (d) SO AS TO CREATE THE ADDITIONAL REQUIREMENT THAT CONFLICTS OF INTEREST, WHICH REQUIRE VERBAL DISCLOSURE, AS WELL AS, ABSTENTION FROM VOTING, BE REPORTED VIA SUBMISSION OF AN ELECTRONIC DISCLOSURE OF INTEREST FORM; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES.

WHEREAS, the Charter of the City of Atlanta, Georgia, 1996 Ga Laws P.4469, et seq. (hereinafter "the Charter") establishes the legislative power of the governing authority (hereinafter "the Council" or "Council") to amend the Charter of the City of Atlanta (hereinafter "City") by ordinance; and

WHEREAS, the Committee on Council held work sessions and meetings to review the Charter to suggest and effectuate amendments thereto that reflect desired Council practices; and

GEORGIA LAWS 2007 SESSION

4461

WHEREAS, there is a requirement that a member of council abstain from voting on matters involving the consideration of his or her own conduct, which would inure to his or her financial or personal interests, or which would be a conflict of interest; and

WHEREAS, on those occasions when a member of council must abstain from voting based on the aforementioned requirement, that member of council must also publicly state the nature of his or her interest in said matters; and

WHEREAS, there is no requirement that a member of council report, in written form, the nature of his or her interest in said matter; and

WHEREAS, it is the intent of Council that members of council report, in written form, as well as in verbal form, the nature of his or her interest in said matters.

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

Section 1: Article 2, Chapter 3, Section 2-302 (d), which reads:

No member of the council, or the president of the council, shall vote on matters involving the consideration of his or her own conduct, which would inure to his or her financial or personal interests, or which would be a conflict of interest as provided in Chapter 4 of Article 5 herein or by ordinance. Such member of the council shall, prior to the vote being taken, publicly state the nature of his or her interest in the matter from which he or she is abstaining from voting.

be hereby amended to read as follows:

No member of the council, or the president of the council, shall vote on matters involving the consideration of his or her own conduct, which would inure to his or her financial or personal interests, or which would be a conflict of interest as provided in Chapter 4 of Article 5 herein or by ordinance. Prior to the vote being taken, such member of council shall publicly state the nature of his or her interest in the matter from which he or she is abstaining from voting. Additionally, such member of the council shall disclose such interest in writing, via the submission of an electronic form prescribed by the Board of Ethics upon his or her recognition of said conflicts.

Section 2: That all ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict.

4462

MUNICIPAL HOME RULE ORDINANCES

ADOPTED as amended by the Council SEP OS, 2006

APPROVED by the Mayor

SEP 13,2006

A TRUE COPY, s\ FARIS WEBB, III Deputy Clerk

Exhibit "A"

"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 2-302 (d) (Entitled "Rules; quorum; voting") of the Charter of the City of Atlanta, Georgia (1996 Ga. L. (Act No. I 0 19), p. 4469, et. seq.) as amended, so as to create the additional requirement that conflicts of interest, which require verbal disclosure, as well as, abstention from voting, be reported via submission of an electronic disclosure of interest form; 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.

This __ day of

, 2006.

Rhonda Dauphin Johnson Municipal Clerk City of Atlanta

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF FULTON

ANNETTE HEAD, 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 of general circulation published in the City of Atlanta, Georgia, and who further states under oath that the Advertisement attached hereto and made part of this affidavit appeared in The Atlanta Journal - Constitution on the following date(s): AUGUST 17, 24, 31, 2006.

GEORGIA LAWS 2007 SESSION
SWORN TO AND SUBSCRIBED BEFORE ME, THIS 7TH DAY OF SEPTEMBER 2006

4463

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, GEORGIA

Notice is hereby given that an Ordinance (06-0-1596) has been introduced to amend Section 2-302 (d) (Entitled "Rules; quorum; voting") of the Charter of the City of Atlanta, Georgia (1996 Ga. L. (Act No. 1019), p. 4469, Et. Seq.) as amended, so as to create the additional requirement that conflicts of interest, which require verbal disclosure, as well as, abstention from voting, be reported via submission of an electronic disclosure of interest form; 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 9th day of August, 2006.

Rhonda Dauphin Johnson MUNICIPAL CLERK, CMC

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF FULTON Re: 712661

Before me, the undersigned, a Notary Public, this day personally came Julia Kelly 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:

08/17/2006, 08/24/2006, 08/31/2006

4464

MUNICIPAL HOME RULE ORDINANCES

s\ JULIA KELLY Julia Kelly (Agent)

s\K. MOSLEY Kaweemah Mosley (Notary Public)

Subscribed and sworn to before me this 08/17/2006, 08/24/2006, 08/31/2006 of August, 2006. (SEAL)

PUBLIC NOTICE

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

Notice is hereby given that an Ordinance (06-0-1596) has been introduced to amend Section 2-302 (d) (Entitled "Rules; quorum; voting") of the Charter of the City of Atlanta, Georgia (1996 Ga. L. (Act No. 1019), p. 4469, Et. Seq.) as amended, so as to create the additional requirement that conflicts of interest, which require verbal disclosure, as well as, abstention from voting, be reported via submission of an electronic disclosure of interest form; and for other purposes.

A copy of the proposed amendment is on file in the office ofthe 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 9th day of August, 2006.

Rhonda Dauphin Johnson MUNICIPAL CLERK, CMC

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF DEKALB

Personally appeared before me, the undersigned, a Notary Public within and for said county and state, Carolyn J. Glenn, Publisher of The Champion Newspaper, published at Decatur, County ofDeKalb, State of Georgia, and being the official organ for the publication oflegal

GEORGIA LAWS 2007 SESSION

4465

advertisements for said county, who being duly sworn, states on oath that the report of PUBLIC NOTICES, 06-0-1596 was published in said newspaper on the following date(s):

08/17/06, 08/24/06, 08/31/06

s\ CAROLYN JERNIGAN GLENN CAROLYN J. GLENN, PUBLISHER

Sworn to and subscribed before me this 08/31/06.

s\ JACQUELINE BRYANT Notary Public My commission expires September 22, 2006 (SEAL)

PUBLIC NOTICE

CITY OF ATLANTA MUNICIPAL CLERK 56 Trinity Ave #2700 Atlanta, Ga 30303 Phone:404-330-6030 E-mail: tpayne@AtlantaGa.Gov

Notice of Proposed Amendment To The Charter Of The City Of Atlanta, Georgia

Notice is hereby given that an Ordinance (06-0-1596) has been introduced to amend Section 2-302 (d) (Entitled "Rules; quorum; voting") of the Charter of the City of Atlanta, Georgia (1996 Ga. L. (Act No. 1019), P. 4469, Et. Seq.), as amended, so as to create the additional requirement that conflicts of interest, which require verbal disclosure, as well as, abstention from voting, be reported via submission of an electronic disclosure of interest form; 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.

4466

MUNICIPAL HOME RULE ORDINANCES

Given Under My Hand And Seal Of This Office On This 9th day of August, 2006.

Rhonda Dauphin Johnson Municipal Clerk, CMC

Filed in the Office of the Secretary of State September 19, 2007.

CITY OF CUTHBERT- CITY MANAGER; DUTIES.
ORDINANCE NO. 06-12-B
AN ORDINANCE ADOPTED PURSUANT TO THE MUNICIPAL HOME RULE ACT OF 1945, O.C.G.A. SEC. 36-35-1 et seq., AMENDING ARTICLE II OF THE CHARTER OF THE CITY OF CUTHBERT SO AS TO PROVIDE THAT THE DUTIES OF THE CITY MANAGER SHALL BE DETERMINED FROM TIME TO TIME BY THE CITY COUNCIL; REPEALING ALL PRIOR ORDINANCES AND CHARTER PROVISIONS IN CONFLICT HEREWITH, AND FOR OTHER PURPOSES.
BE IT ORDAINED by the Mayor and Council of the City of Cuthbert, Georgia,. pursuant to authority of the Municipal Home Rule Act of 1945, as amended, O.C.G.A. Sec. 36-35-1 et seq. and it is hereby ordained by authority of same:
Section 1. Article II of the charter of the City of Cuthbert, Georgia, is hereby amended by repealing Section 2.33 of said Article defining the duties of the City Manager and ordaining in lieu thereof a new Section 2.33 to read as follows:
"SECTION 2.33. POWERS AND DUTIES OF THE CITY MANAGER.
The duties of the City Manager shall be determined from time to time by the City Council and shall be specified in a ordinance duly adopted, and the City Manager shall be responsible to the City Council for the administration of all City affairs placed in the City Manager's charge by such ordinance."
Section 2. All ordinances and charter provisions in conflict herewith are repealed.
SO ORDAINED, this 12 day of June, 2006.

GEORGIA LAWS 2007 SESSION CITY OF CUTHBERT

4467

By s\ STEVE WHATLEY Mayor, Steve Whatley

(SEAL)
1st reading: May 8, 2006 2nd reading: June 12, 2006

Attest: s\ DIANE WHATLEY City Clerk, Diane Whatley

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF RANDOLPH

I, the undersigned, do hereby certify that I am the editor and publisher of the Dawson News, a newspaper of general circulation and the legal organ for the City of Cuthbert, Georgia, and further certify that the Public Notice regarding a Charter amendment was published in said newspaper on the dates of May 18, 2006, May 25, 2006, and June 1st, 2006.

s\ ALLENE L. NELSON EDITOR/PUBLISHER

Sworn to and subscribed before me this 12th day of July, 2006.

s\ LINDA ADDISON Notary Public (SEAL)

PUBLIC NOTICE

The City of Cuthbert is amending the charter of the city so as to provide that the duties of the City Manager shall be determined from time to time by the City Council. A copy of the proposed amendment is on file in the office of the City Clerk and the office of the Clerk of the Superior Court of Randolph County for the purpose of examination and inspection by the public.

Filed in the Office of the Secretary of State on September 27, 2006.

4468

MUNICIPAL HOME RULE ORDINANCES
CITY OF CUTHBERT- MUNICIPAL COURT; INDIGENT DEFENSE; PROSECUTOR; FUNDING.

ORDINANCE NO. 06-12-C

AN ORDINANCE ADOPTED PURSUANT TO THE MUNICIPAL HOME RULE ACT OF 1945, O.C.G.A. SEC 36-35-1, etseq., AMENDING ARTICLE IV OF THE CHARTER OF THE CITY OF CUTHBERT SO AS TO AUTHORIZE THE PROVISION OF A SYSTEM OF INDIGENT DEFENSE IN THE MUNICIPAL COURT AND A PROSECUTOR, AND TO PROVIDE FOR THE FUNDING THEREOF; TO REPEAL PRIOR ORDINANCES AND CHARTER PROVISIONS IN CONFLICT THEREWITH; AND FOR OTHER PURPOSES.

WHEREAS, the Constitution of the United States of America as construed by the United States Supreme Court requires that indigent defendants in certain criminal eases in all courts including municipal courts be provided with defense counsel at the expense of the government; and

WHEREAS, it is necessary to amend the charter of the City of Cuthbert in order to authorize the implementation of such a system in the municipal court of said city; and

WHEREAS The Municipal Home Rule Act of 1945, O.C.G.A Sec. 36-35-1, authorizes such amendments to charters and provides procedures therefor;

NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the City of Cuthbert, and it is hereby ordained by authority of same:

Section 1. Article IV of the Charter of the City of Cuthbert is hereby amended by adding a new section to be located and numbered appropriately in said Article of the charter, to read as follows:

Section 4.16. Authorizing and funding a system of indigent defense and a prosecutor in the Municipal Court of the City of Cuthbert.

The mayor and council shall have the power to provide for a system of defense for indigent persons charged in the Municipal Court of the City of Cuthbert with violations of ordinances and/or state laws, and for the prosecution of such cases by a prosecutor, and to provide for and require the expense of same to be prorated over all criminal cases disposed of by the court, and all bond forfeitures in said cases, to be imposed by the municipal court judge and collected in all criminal cases and in bond forfeitures in such cases as costs in addition to fines, penalties, and all other costs.

GEORGIA LAWS 2007 SESSION Section 2. All ordinances and charter provisions in conflict herewith repealed.

4469

SO ORDAINED, this 12 day of June, 2006.

CITY OF CUTHBERT

(SEAL)

By: s\ STEVE WHATLEY Mayor, Steve Whatley
Attest: s\ DIANE WHATLEY City Clerk, Diane Whatley

1st reading: May 8, 2006 2nd reading: June 12, 2006

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF RANDOLPH

I, the undersigned, do hereby certify that I am the editor and publisher of the Dawson News, a newspaper of general circulation and the legal organ for the City of Cuthbert, Georgia, and further certify that the Public Notice regarding a Charter amendment was published in said newspaper on the dates of May 18th, May 25th, and June 1st, 2006.

s\ ALLENE L. NELSON EDITOR/PUBLISHER

Sworn and subscribed before me this 12th day of July, 2006.

s\ LINDA ADDISON Notary Public (SEAL)

PUBLIC NOTICE CITY OF CUTHBERT

The City of Cuthbert is amending the charter of the city by adding a new section to Article IV authorizing the mayor and council to provide for a prosecutor and or a system of indigent defense in the municipal court and to provide for the funding thereof. A copy of the

4470

MUNICIPAL HOME RULE ORDINANCES

proposed amendment is on file in the office of the City Clerk and in the office of the Clerk of the Superior Court for Randolph County for purpose of examination and inspection by the public.

Filed in the office of the Secretary of State September 27, 2006.

CITY OF THOMASVILLE- MUNICIPAL COURT; SERVICE OF SUMMONS
AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF THOMASVILLE, WHICH WAS ESTABLISHED BY AN ACT APPROVED OCTOBER 3, 1889, ENTITLED "AN ACT TO INCORPORATE THE TOWN OF THOMASVILLE AS THE CITY OF THOMASVILLE" (GA. LAWS 1888-89, PAGES 854-64, INCLUSIVE), AS AMENDED BY SEVERAL SUBSEQUENT ACTS, BY DELETING IN ITS ENTIRETY SECTION 4-16, CAPTIONED "POWERS AND DUTIES OF CLERKS; SERVICE OF SUMMONS," AND SUBSTITUTING THEREFOR AN ENTIRELY NEW SECTION 4-16, SO AS TO PROVIDE FOR THE SERVICE OF SUMMONS TO THE MUNICIPAL COURT OF THE CITY OF THOMASVILLE BY ANY CODE ENFORCEMENT OFFICER SO DESIGNATED BY THE CITY MANAGER; TO PROVIDE THAT THIS ORDINANCE SHALL IN NO WAY CHANGE THE EXISTING CHARTER OR FORM OF GOVERNMENT OF THE CITY OF THOMASVILLE IN ANY MANNER, EXCEPT AS SET FORTH ABOVE; TO PROVIDE THE EFFECTIVE DATE OF THIS ORDINANCE; TO REPEAL ALL ORDINANCES IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES.
SECTION I BE IT ORDAINED by the Council of the City of Thomasville, and it is hereby ordained
by the authority of the same, that the Charter of the City of Thomasville, which was established by an act approved October 3, 1889, entitled "An Act to Incorporate the Town of Thomasville as the City of Thomasville," (Ga. Laws 1888-89, pages 854-64, inclusive), as amended by several subsequent acts, be and the same is, hereby amended by deleting in its entirety Section 4-16 captioned "Power and duties of clerks' service of summons," and substituting therefor an entirely new Section 4-16, which shall read as follows:
Section 4.16 Power and duties of clerks; service of summons. The clerks of the municipal court shall also be officers ofthe court. Any person charged with the violation of an ordinance, rule or regulation of the city, unless the offense is of such nature as to require the arrest and taking into custody of the person, shall be served with a summons by any City police officer or code enforcement officer so designated by the City Manager. The summons shall be signed by the clerk and shall bear authority in the name of

GEORGIA LAWS 2007 SESSION

4471

the judge of municipal court or the presiding officer for that case, setting out in a plain, summary manner the nature of the offense charged, the ordinance, rule or regulation under which the charge was made, and the time when and the place where the summoned party is required to appear and stand trial. Otherwise, in any circumstance where an arrest and taking into custody of a person is appropriate, whether a summons has been issued or not, the arrest shall be made only by a City police officer.

SECTION II BE IT FURTHER ORDAINED that all portions of the charter or amendments thereto or all ordinances in conflict herewith be and the same are hereby repealed.

SECTION III BE IT FURTHER ORDAINED that if any part of this ordinance be declared void, it is the intent and purpose hereof that all other provisions not so declared void shall remain in full force and effect.

SECTION IV BE IT FURTHER ORDAINED that a notice, a copy of which is attached hereto, will be made a part hereof, which notice embodies, among other things, the substance of this ordinance with a certificate of the publisher and general manager of that publication known as the Thomasville Times-Enterprise which published the Thomasville Times-Enterprise daily edition, the official organ of Thomas County, Georgia, in which the City of Thomasville is located, said certificate showing that the above and foregoing notice was published once a week for three weeks within a period of sixty days immediately preceding the day of the final adoption of this ordinance.

SECTION V BE IT FURTHER ORDAINED that this ordinance shall become effective immediately upon the date of final passage.

SECTION VI BE IT FURTHER ORDAINED that this ordinance shall in no way change the existing charter or form of government of the City of Thomasville except as set forth above.

This ordinance was introduced and read at a lawful meeting of the Council of the City of Thomasville held July 11, 2005, and read the second time, passed and adopted in like meeting held on July 25, 2005.

4472

MUNICIPAL HOME RULE ORDINANCES CERTIFICATE

STATE OF GEORGIA COUNTY OF THOMAS

I, Kathleen J. Vinson, Clerk of the City of Thomasville, Georgia, do hereby certify that the foregoing is a true and correct copy of an ordinance, adopted on second reading at a meeting of the Council of the City of Thomasville held on July 25,2005, to amend Section 4-16 of the Charter of the City of Thomasville

IN TESTIMONY WHEREOF, witness my hand and seal of said City, this the 25th day of September, 2006.

s\ KATHLEEN J. VINSON Kathleen J. Vinson City Clerk

GEORGIA, THOMAS COUNTY.

Personally appeared before the undersigned attesting officer, Kathleen J. Vinson, Clerk of the City of Thomasville, Georgia, who, on oath, says that a copy of the foregoing ordinance proposing to amend the charter of the City of Thomasville was filed in her office on the 14th day of June, 2005, for the purpose of examination and inspection by the public.

Further deposing, I say, under oath, that I am custodian of all records and the keeper of the minutes of the City Council for the City of Thomasville, and that the foregoing ordinance is a true and exact copy of that ordinance which was finally adopted by the City of Thomasville in a regular meeting of the City Council held in chambers on the 25th day of July, 2005, the original of which is in my possession and appears as a part of the official minutes of that meeting.

s\ KATHLEEN J. VINSON Kathleen J. Vinson City Clerk

Sworn to and subscribed Before me this 25th day of September, 2006.

s\ SYLVIA JO DeLOACH Notary Public

GEORGIA LAWS 2007 SESSION
My commission expires: 6/9/07

4473

{NOTARY PUBLIC}

GEORGIA, THOMAS COUNTY.

Personally appeared before the undersigned attesting officer, David G. Hutchings, Jr., Clerk of the Superior Court of Thomas County, Georgia, being the legal situs of the City of Thomasville, Georgia, who, on oath, says that a copy of the foregoing ordinance proposing to amend the Charter of the City of Thomasville was filed in his office on the 14th day of June, 2005, for the purpose of examination and inspection by the public.

Further deposing, I say, under oath, that a copy of the foregoing ordinance amending the Charter of the City of Thomasville, properly certified to by the Clerk of the City of Thomasville, with a copy of the required notice of publication attached thereto, and an affidavit of a duly authorized representative of the newspaper in which such notice was published, to the effect that such notice has been published as provided by law, was filed in this office on the 27th day of September, 2006.

s\ DAVID G. HUTCHINGS, JR. Clerk of Superior Court Thomas County, Georgia

Sworn to and subscribed before me this 27th day of September, 2006.

s\ SUZANN McQUAIG Notary Public

My commission expires: NOTARY PUBLIC, THOMAS COUNTY, GA MY COMMISSION EXPIRES SEPT. 12, 2007

{NOTARY SEAL}

GEORGIA, THOMAS COUNTY.

Personally appeared before the undersigned attesting officer, Norman Bankston, who, on oath, deposes and says that he is the publisher of that publication known as the Thomasville

4474

MUNICIPAL HOME RULE ORDINANCES

Times-Enterprise, which publishes the Thomasville Times-Enterprise Daily Edition and that the Thomasville Times-Enterprise Daily Edition published on Friday of each week is the newspaper in which sheriffs advertisements for Thomas County are published. Further deposing, he says that as publisher of that publication, he is the person duly vested with authority to sign for that publication in all such matters and things as contained in this affidavit, and further says that the foregoing and attached notice of intention to amend the Charter of the City ofThomasville was published in the Thomasville Times-Enterprise Daily Edition on the 17th day of June, 2005, on the 24th day of June, 2005, and on the 1st day of July, 2005.

This 24 day of October, 2005.

s\ NORMAN BANKSTON Norman Bankston, Publisher Thomasville Times-Enterprise

Sworn to and subscribed before me on this 24 day of October, 2005.

s\ DEBORAH J. SHARP Notary Public, Thomas County, Georgia My Commission Expires June 16, 2007

{NOTARY SEAL}

NOTICE OF INTENTION TO AMEND THE CHARTER OF THE CITY OF THOMASVILLE BY ORDINANCE PURSUANT TO THE PROVISIONS OF THAT ACT OF THE GENERAL ASSEMBLY OF GEORGIA KNOWN AS THE iMUNICIPAL HOME RULE ACT OF 1965,i (O.C.G.A. 36-35-1 ET SEQ.)

Notice is hereby given that an ordinance will be introduced for first reading on July 11, 2005, and read for final adoption on July 25, 2005, to amend the Charter of the City of Thomasville, which was established by an act approved October 3, 1889, entitled iAn Act to Incorporate the Town of Thomasville as the City of Thomasville (Ga. Laws 1888-89, Pages 854-64, inclusive}, as amended by several subsequent acts, by deleting Section 4-16, captioned ipowers and duties of clerks; service summons,i and substituting therefor an entirely new Section 4-16, so as to provide for the service of summons to the municipal court of the City of Thomasville by any city police officer or any code enforcement officer so

GEORGIA LAWS 2007 SESSION

4475

designated by the city manager; to provide that this ordinance shall in no way change the existing charter or form of government of the City of Thomasville in any manner, except as set forth above; to provide the effective date of this ordinance; to repeal all ordinances in conflict herewith; and for other purposes.

A copy of this proposed amendment to the Charter of the City of Thomasville is on file in the office of the clerk of the City of Thomasville and is on file in the office of the Clerk of the Superior Court of Thomas County, for the purpose of inspection by the public, all as required by law. This 14th day of June, 2005.

William C. Sanders Attorney for the City of Thomasville, Georgia

Filed in the Office of the Secretary of State September 30, 2006.

CITY OF ATLANTA- MAYOR; PROCUREMENT AUTHORITY.

CITY COUNCIL ATLANTA, GEORGIA

AN ORDINANCE BY FINANCE/EXECUTIVE COMMITTEE

06-0-0380

AS SUBSTITUTED BY FINANCE/EXECUTIVE 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, O.C.G.A. SECTION 36-35-1. ET SEQ., AS AMENDED, SO AS TO AMEND THE CHARTER OF THE CITY OF ATLANTA, GEORGIA, 1996 GA LAWS P. 4469, ET SEQ., BY AMENDING ARTICLE 3, CHAPTER 1, SECTION 3-104 (14) SO AS TO ADJUST THE LIMITATIONS UPON THE MAYOR'S PROCUREMENT AUTHORITY FROM $100,000.00 TO $300,000.00; TO AMEND ARTICLE 6, CHAPTER 4, SECTION 6-402, SO AS TO ADJUST THE LIMITATIONS ON THE MAYOR'S SMALL PURCHASE AUTHORITY FROM $20,000.00 TO $50,000.00 AND TO ADJUST THE THRESHOLD REQUIREMENT FOR APPROVAL OF COMPETITIVELY PROCURED CONTRACTS BY THE CITY COUNCIL OF ATLANTA FROM $100,000.00 TO $300,000.00; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES.

4476

MUNICIPAL HOME RULE ORDINANCES

WHEREAS, the Charter Of The City Of Atlanta, Georgia, 1996 Ga Laws P. 4469, et seq. (hereinafter "the Charter") establishes the Mayor's authority to procure goods and services for the operation and management of the City of Atlanta (hereinafter "the City") and for the benefit of the citizens thereof; and

WHEREAS, the limitations upon the Mayor's procurement authority, as set forth in the Charter, were established in 1977; and

WHEREAS, ab initio, the limitations upon the Mayor's procurement authority were set to the economies of scale in 1977, to wit: $1 00,000.00; and

WHEREAS, the City has experienced the effects of increased population, economic inflation, rapid changes in technology, and the impact of national security concerns in the twenty-eight years since 1977 - all of which have significantly increased the cost of procuring goods and services for the City; and

WHEREAS, the effect of the aforementioned increased cost of procurement is that the Mayor is unable to procure the same proportional amount of goods and services within his or her procurement authority of $1 00,000.00; and

WHEREAS, the increasing functional and operational needs of the City's residents and governmental units require adjusting the limitations upon the Mayor's procurement authority from $100,000.00 to $300,000.00; and

WHEREAS, the Charter also authorizes alternative selection methods for contracts, including small purchases not exceeding $20,000.00; and

WHEREAS, the limitation upon the Mayor's authority to execute small purchases was set to the economies of scale in 1977, to wit: $20,000.00; and

WHEREAS, the aforementioned increased cost of procurement has, similarly impacted the Mayor's ability to procure the same proportional amount of goods and services within his or her procurement authority of $20,000.00 for small purchases; and

WHEREAS, it would be advantageous to the City to adjust the Mayor's procurement authority to greater empower the mayor to fulfill his or her duties to the City; and

WHEREAS, the aforementioned adjustments to the Mayor's procurement authority would require a concurrent amendment to the Charter as it pertains to the threshold requirement for approval of competitively procured contracts by the City Council of Atlanta.

GEORGIA LAWS 2007 SESSION

4477

THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA, HEREBY ORDAINS, effective September 30, 2007, as follows:

Section 1: That the Mayor's purchasing authority, as set forth in Article 3, Chapter 1, Section 3-104 (14) of the Charter of the City of Atlanta, which reads:

(14) Purchase supplies, material, equipment and personal property of every type and description, and services for the rental, repair, or maintenance of equipment, machinery, and other city-owned property; provided, however, the purchase amount does not exceed $100,000.00, such purchases conform with the provisions within Chapter 4 of Article 6 herein and any purchasing and procurement ordinances of the city, and a duly enacted appropriation by the council authorizes expenditures for such purposes. Any award of contract not competitively procured in accordance with the Charter or ordinances of the city, or not awarded to the lowest bidder or offeror, shall be approved by the city council prior to an award;

be hereby amended to read as follows:

(14) Purchase supplies, material, equipment and personal property ofevery type and description, and services for the rental, repair, or maintenance of equipment, machinery, and other city-owned property; provided, however, the purchase amount does not exceed $300,000.00, such purchases conform with the provisions within Chapter 4 of Article 6 herein and any purchasing and procurement ordinances of the city, and a duly enacted appropriation by the council authorizes expenditures for such purposes. Any award of contract not competitively procured in accordance with the Charter or ordinances ofthe city, or not awarded to the lowest bidder or offeror, shall be approved by the city council prior to an award;

Section 2: That the limitation upon the Mayor's authority to enter into contracts for small purchases as set forth in Article 6, Chapter 4, Section 6-402 (a) of the Charter of the City of Atlanta, which reads:

(a) The governing body shall prescribe by ordinance or resolution the procedures for all purchases of real and personal property by the city. The following alternative methods of securing contracts are hereby authorized, as set forth in and defined by ordinances currently effective or hereafter adopted or amended by the city council: competitive sealed bidding; competitive sealed proposals; small purchases not exceeding $20,000.00; sole-source procurement; emergency procurement; and competitive selection procedures for professional and consultant services. Awards of contracts shall be made to the most responsible and responsive firms, said responsibleness and responsiveness to be determined by factors including those set forth in subsection (b) below, including but not limited to

4478

MUNICIPAL HOME RULE ORDINANCES

compliance with the requirements of any existing minority and female business opportunity development plans and any local preference program as established by City ordinance. The terms "competitive bidding" and "most responsible and responsive firm" shall be defined to include compliance with the requirements of any minority and female business participation plan which has been implemented by city ordinance pursuant to:
(I) A finding by the city that such a plan is necessary to remedy the effects of prior private and public discrimination in the procurement and contracting practices ofthe city; (2) A requirement by federal law that the city maintain such a plan for purposes of receiving any federal grants or loans; (3) A finding by a judicial tribunal that such a plan is necessary to remedy past or present private and public discrimination in the procurement and contracting procedures of the city.

be hereby amended to read as follows:

(a) The governing body shall prescribe by ordinance or resolution the procedures for all purchases of real and personal property by the city. The following alternative methods of securing contracts are hereby authorized, as set forth in and defined by ordinances currently effective or hereafter adopted or amended by the city council: competitive sealed bidding; competitive sealed proposals; small purchases not exceeding $50,000.00; sole-source procurement; emergency procurement; and competitive selection procedures for professional and consultant services. Awards of contracts shall be made to the most responsible and responsive firms, said responsibleness and responsiveness to be determined by factors including those set forth in subsection (b) below, including but not limited to compliance with the requirements of any existing minority and female business opportunity development plans and any local preference program as established by City ordinance. The terms "competitive bidding" and "most responsible and responsive firm" shall be defined to include compliance with the requirements of any minority and female business participation plan which has been implemented by city ordinance pursuant to:
(1) A finding by the city that such a plan is necessary to remedy the effects of prior private and public discrimination in the procurement and contracting practices of the city; (2) A requirement by federal law that the city maintain such a plan for purposes of receiving any federal grants or loans; (3) A finding by a judicial tribunal that such a plan is necessary to remedy past or present private and public discrimination in the procurement and contracting procedures of the city.

GEORGIA LAWS 2007 SESSION

4479

Section 3: That the threshold requirement for approval of competitively procured contracts by the City Council of Atlanta, as set forth in Article 6, Chapter 4, Section 6-402 (e) of the Charter of the City of Atlanta, which reads:

(e) Contractual work related to any competitive sealed bid or proposal shall not be broken into components or parts so as to avoid the council's approval of awards of greater than $100,000.00.

be hereby amended to read as follows:

(e) Contractual work related to any competitive sealed bid or proposal shall not be broken into components or parts so as to avoid the council's approval of awards of greater than $300,000.00.

Section 4: That this ordinance shall have an effective date of September 30,2007.

Section 5: 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 of said advertisement be attached to this ordinance prior to its final adoption by the Council of the City of Atlanta.

Section 6: That all ordinances and parts of ordinances in conflict herewith are hereby

ADOPTED as amended by the Council JAN 02,2007

APPROVED by the Mayor

JAN 09,2007

A true copy,

s\ FORIS WEBB, III Deputy Clerk

4480 "Exhibit "A"

MUNICIPAL HOME RULE ORDINANCES

"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 3-104 (Entitled "Powers and Duties") and Section 6-402 (Entitled "Purchasing Procedures") of the Charter of the City of Atlanta, Georgia (1996 Ga. L. (Act No. 1019), p. 4469, et. seq.) as amended, so as to adjust the Limitations Upon the Mayor's Procurement Authority from $100,000.00 to $300,000.00; to adjust the Limitations on the Mayor's Small Purchase Authority; to adjust the Threshold Requirement for Approval of Competitively Procured Contracts by the City Council of Atlanta; 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.

This day of

2006.

Rhonda Dauphin Johnson Municipal Clerk City of Atlanta

PUBLISHER 'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF FULTON Re: 758603

Before the, the undersigned, a Notary Public, this day personally came Julia Kelly 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:

12114/2006, 12/21/2006, 12/28/2006

s\ JULIA KELLY Julia Kelly (Agent)

GEORGIA LAWS 2007 SESSION
s\K. MOSLEY Kaweemah Mosley (Notary Public)

4481

[SEAL]

Subscribed and sworn to before me this 12114/2006, 12/21/2006, 12/28/2006 of December, 2006.

PUBLIC NOTICE

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

NOTICE is hereby given that an Ordinance (06-0-0380) has been introduced to amend Section 3-104 (Entitled "Powers and Duties") and Section 6-402 (Entitled "Purchasing Procedures") 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 adjust the limitations upon the Mayor's procurement authority from $100,000.00 to $300,000.00; to adjust the limitations on the Mayor's small purchase authority; to adjust the threshold requirement for approval of competitively procured contracts by the City Council of Atlanta; and for other purposes.

A copy of the proposed amendment is on file in the Office of the Municipal Clerk ofthe 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 1st day of December, 2006.

Rhonda Dauphin Johnson MUNICIPAL CLERK, CMC

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF DEKALB

Personally appeared before me, the undersigned, a Notary Public within and for said county and state, Carolyn J. Glenn, Publisher of The Champion Newspaper, published at Decatur, County ofDeKalb, State of Georgia, and being the official organ for the publication oflegal advertisements for said county, who being duly sworn, states on oath that the report of

4482

MUNICIPAL HOME RULE ORDINANCES

PUBLIC NOTICES, 06-0-0380 was published in said newspaper on the following date(s): 12/14/06, 12/21106, 12/28/06

s\ CAROLYN JERNIGAN GLENN CAROLYN J. GLENN, PUBLISHER

Sworn to and subscribed before me this 12/28/06.

s\ JACQUELINE BRYANT Notary Public My commission expires September 22, 20 I 0

[SEAL]

NOTICE OF PROPOSED

Amendment To The Charter Of The City of Atlanta, Georgia

Notice is hereby given that an Ordinance (06-0-0380) has been introduced to amend Section 3-104 (Entitled "Powers and Duties") and Section 6-402 (Entitled "Purchasing Procedures") of the Charter of the City of Atlanta, Georgia (1996 Ga. L. (Act No. 1019), p. 4469, et. seq.), as amended, so as to adjust the limitations upon the Mayor's procurement authority from $100,000.00 to $300,000.00; to adjust the limitations on the Mayor's small purchase authority; to adjust the threshold requirement for approval of competitively procured contracts by the City Council of Atlanta; 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 1st day of December, 2006.

Rhonda Dauphin Johnson MUNICIPAL CLERK, CMC

GEORGIA LAWS 2007 SESSION PUBLISHER'S AFFIDAVIT

4483

STATE OF GEORGIA COUNTY OF FULTON

ANNETTE HEAD, 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 of general circulation published in the City of Atlanta, Georgia, and who further states under oath that the Advertisement attached hereto and made part of this affidavit appeared in The Atlanta Journal - Constitution on the following date(s): DECEMBER 14, 22, 28, 2006.

SWORN TO AND SUBSCRIBED BEFORE ME, THIS 3RD DAY OF JANUARY 2007

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, GEORGIA
NOTICE is hereby given that an Ordinance (06-0-0380) has been introduced to amend Section 3-104 (Entitled "Powers and Duties") and Section 6-402 (Entitled "Purchasing Procedures") of the Charter of the City of Atlanta, Georgia (1996 Ga. L. (Act No. 1019), p. 4469, et. seq.), as amended, so as to adjust the limitations upon the Mayor's procurement authority from $100,000.00 to $300,000.00; to adjust the limitations on the Mayor's small purchase authority; to adjust the threshold requirement for approval of competitively procured contracts by the City Council of Atlanta; and for other purposes.
A copy of the proposed amendment is on the 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.

4484

MUNICIPAL HOME RULE ORDINANCES

GIVEN UNDER MY HAND AND SEAL OF THIS OFFICE ON THIS 1st day of December, 2006.

Rhonda Dauphin Johnson MUNICIPAL CLERK, CMC

Filed in the Office of the Secretary of State January 24, 2007.

CITY OF SAVANNAH- CONTRACTS; PROCUREMENT.
AN ORDINANCE TO BE ENTITLED
AN ORDINANCE TO AMEND THE CHARTER OF THE MAYOR AND ALDERMEN OF THE CITY OF SAVANNAH, GEORGIA, TO AMEND THE CHARTER PROVISIONS FOR THE EXECUTION OF CONTRACTS, SECTION 3-110 AND THE PURCHASES AND CONTRACTS, SECTION 3-205 OF THE CODE OF THE CITY OF SAVANNAH (2003); TO REPEAL ALL ORDINANCES IN CONFLICT HERE WITH AND FOR OTHER PURPOSES:
BE IT ORDAINED by the Mayor and Aldermen of the City of Savannah, Georgia, in regular meeting of Council assembled and pursuant to lawful authority thereof, and after proper notice and advertisement in accordance with O.C.G.A. 36-35-3, that the Charter of the City of Savannah be amended by amending the Charter provisions for the Execution of Contracts, Section 3-110 of the Code of the City of Savannah (2003) (Ga. L. 1953, Nov.-Dec. Sess.,p. 2019, 11), as amended, and Purchases and Contracts, Section 3-205 of said Code (Ga. L. 1953, Nov.-Dec. Sess., p. 2019, 10), as amended, of the Code of the City of Savannah (2003 ), as follows:
SECTION 1: That Section 3-110, Execution of Contracts, be amended by striking said Section and inserting in lieu thereof a new Section so that as amended said Section shall read as follows:
Section 3-110. Execution of Contracts.
The City Manager is hereby authorized and empowered to make and execute contracts within the scope of his duties as defined by this chapter.

GEORGIA LAWS 2007 SESSION

4485

SECTION 2: That Section 3-205, Purchases and Contracts, be amended by striking said Section and inserting in lieu thereof a new Section so that as amended said Section shall read as follows:

Section 3-205. Purchases and Contracts.

All purchases of materials, good, equipment and supplies for all departments of the City of Savannah, regardless of quantity, cost or character, and all contracts and agreements for services and construction shall be made through a system ofprocurement as adopted by the Mayor and Aldermen by Ordinance.

SECTION 3: All Charter, Code provisions, Ordinances and Laws not in conflict therewith shall continue in full force and effect, but where in conflict, are hereby repealed.

s/ OTIS S. JOHNSON MAYOR

s/ DYANNE C. REESE CLERK OF COUNCIL

ADOPTED AND APPROVED 1-4-07

AFFIDAVIT OF PUBLICATION SAVANNAH MORNING NEWS

STATE OF GEORGIA COUNTY OF CHATHAM

Personally appeared before me, Alaina Williams-Fincher, to me known, who being sworn,

deposes and says:

That she is the Obituary/Legal Clerk for Southeastern Newspaper Corporation, a Georgia

corporation, doing business in Chatham County, GA, under the trade name of Savannah

Morning News, a daily newspaper published in said county;

That he is authorized to make affidavits of publication on behalf of said published

corporation;

That said newspaper is of general circulation in said county and in the area adjacent

thereto;

That he has reviewed the regular editions of the Savannah Morning News, published on:

Dec 16th, 2006 Dec 23rd, 2006,

Dec 30th, 2006,

, 2006,

and finds that the following advertisement, to wit:

4486

MUNICIPAL HOME RULE ORDINANCES

SPECIAL NOTICE

Notice is hereby given that The Mayor and Aldermen of the City of Savannah will consider an Ordinance proposed pursuant to O.C.G.A. 36-35-3 to amend the Charter of the City of Savannah with reference to purchases and contracts, bid bonds, performance bonds, bonds for contract services, general services, materials or supplies, and the authority of the City Manager to make and execute such contracts within the scope of his duties.

The Amendment will be considered at the meeting ofCouncil December 21,2006, to be held at 2:00P.M. in Council Chambers at City Hall and further considered for final adoption at the next regular meeting of January 4, 2007.

A copy of the proposed Ordinance is on file in the Office of the Clerk of Council and the Office of the Clerk of the Superior Court of Chatham County, Georgia, for the purpose of examination and inspection by the public.

This 12th day of December, 2006.

DYANNE C. REESE CLERK OF COUNCIL

Appeared in each of said editions. Sworn to and subscribed before me This 4 day of Jan, 2007

s/ ALAINA WILLIAMS-FINCHER (Deponent)

s/ EUGENE J. CRONK Notary Public, Chatham County, Ga. My Commission Expires January 26,2010

Filed in the Office of the Secretary of State January 29, 2007.

GEORGIA LAWS 2007 SESSION CITY OF WOODSTOCK- ORDINANCES; PROCEDURES.

4487

RESOLUTION CITY OF WOODSTOCK, GEORGIA Amending Section 2.34 AND 2.35 of the City Charter

WHEREAS, the City of Woodstock, Georgia (hereinafter sometimes referred to as the "City") is a municipality duly formed and existing pursuant to Georgia law; and

WHEREAS, the 1983 Constitution of the State of Georgia provides for the self government of municipalities without the necessity of action by the General Assembly; 1 and

WHEREAS, the City of Woodstock, Georgia, has the legislative power to adopt clearly reasonable ordinances, resolutions or regulations relating to its property, affairs and local government for which no provision has been made by general laws, and which are not inconsistent with the Constitution or any charter provision applicable thereto;' and

WHEREAS, O.C.G.A. 35-36-3 allows the municipal governing authority to amend its Charter;

WHEREAS, Section 2.34 (b) of the City Charter ofthe City ofWoodstock provides initial introduction of such amendments prior to adoption at the next regular meeting of the Council; and

1Ga. Con st. 1983, Article IX, Section II, Paragraph II provides in pertinent part as follows:
"The General Assembly may provide by law for the self government of municipalities and to that end is expressly given the authority to delegate its power so that matters pertaining to the municipalities may be dealt with without the necessity of action by the General Assembly."
20.C.G.A.36-35-3(a) provides as follows:
"(a) The governing authority of each municipal corporation shall have legislative power to adopt clearly reasonable ordinances, resolutions, or regulations relating to its property, affairs, and local government for which no provision has been made by general law and which are not inconsistent with the Constitution or any charter provisions applicable thereto. Any such charter provision shall remain in force and effect until amended or repealed as provided in subsection (b) of this Code section. This Code section, however, shall not restrict the authority of the General Assembly, by general law, to define this home rule power further or to broaden, limit, or otherwise regulate the exercise thereof. The General Assembly shall not pass any local law to repeal, modify or supercede any action taken by a municipal governing authority under this Code section, except as authorized under Code Section 36-35-6."

4488

MUNICIPAL HOME RULE ORDINANCES

WHEREAS, the Mayor and Council desire to amend said Charter provision to authorize the passage of ordinances zoning property or granting variances with respect to property at the meeting at which they are introduced;

WHEREAS, said amendments are and have been accessible to members ofthe public who are, or may be, affected by them, said amendments having been kept and maintained for public inspection during normal business hours at Woodstock City Hall, and notice of intent to take this action has been published in "The Cherokee Tribune" a newspaper of general circulation within the territorial boundaries of the municipality of the City of Woodstock, at least once a week for three consecutive weeks; and

WHEREAS, the governing authority of the City of Woodstock has read and considered the proposed amendment;

NOW, THEREFORE, BE IT RESOLVED AND ORDAINED by the Mayor and Council of the City of Woodstock, that the aforesaid amendment shall now and hereafter be maintained for public inspection during normal business hours at the City Hall under the custody of the Clerk of the City of Woodstock; and

NOW, THEREFORE, BE IT RESOLVED AND ORDAINED by the Mayor and Council of the City of Woodstock, Georgia by the lawful authority vested in them, that the amendments as set out hereinafter be and the same are hereby adopted as a part of the Ordinances of the City of Woodstock.

NOW, THEREFORE, the Mayor and Council of the City of Woodstock hereby ordain that the City Charter of the City of Woodstock is hereby amended as follows:

1.

The Charter for the City of Woodstock, Georgia is hereby amended by striking Section 2.34 of the City Charter in its entirety and substituting in lieu thereof a new Section 2.34 to read as follows:

Section 2.34. Action Requiring An Ordinance.

(a) Except as herein provided, every official action of the Council which is to become law shall be by ordinance. Each proposed ordinance or resolution shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shalt be "The Council of the City of Woodstock hereby ordains .... "

GEORGIA LAWS 2007 SESSION

4489

(b) An ordinance may be introduced by any member of the council and read at a regular or special meeting of the council. Ordinances shall be considered and adopted or rejected by the council in accordance with the rules which it shall establish; provided, however, ordinances, except emergency ordinances and zoning ordinances as said terms are defined in Section 2.35 of the City Charter, shall not be adopted until the next regular meeting of the council following the meeting of their initial introduction. Upon introduction of any ordinance, the Clerk shall distribute a copy to the mayor and to each councilman and shall file a reasonable number of copies in the office of the clerk and at such other public places as the council may designate.

2.

The Charter for the City of Woodstock, Georgia is hereby amended by striking Section 2.35 of the City Charter in its entirety and substituting in lieu thereof a new Section 2.35 to read as follows:

Section 2.35. Emergency and Zoning Ordinances.

(a) Emergency Ordinances. To meets public emergency affecting life, health, property or public peace, the council may adopt one or more emergency ordinances, but such ordinances may not levy taxes, grant, renew or extend a franchise, regulate the rate charged by any public utility for its services or authorize the borrowing of money, except as provided by law. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least three councilmen 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 is 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) Zoning Ordinances. Zoning ordinances shall refer to the use by the City of Woodstock of its power to zone real property as set forth in O.C.G.A. 36-66-3 including, but not limited to, the right to grant variances from its zoning ordinance and further by way of illustration, but not limited to, the use by the City of Woodstock, Georgia of its power to zone by:
(A) The adoption of a zoning ordinance;

4490

MUNICIPAL HOME RULE ORDINANCES

(B) The adoption of an amendment to a zoning ordinance which changes the text of the zoning ordinance;
(C) The adoption of an amendment to a zoning ordinance which rezones property from one zoning classification to another;
(D) The adoption of an amendment to a zoning ordinance which zones property to be annexed into the municipality;
(E) The grant of a permit relating to a special use of property; or (F) The adoption of a zoning map (in conjunction with a zoning ordinance) which shows the zones and districts and zoning classifications of property therein.

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

AS APPROVED, ADOPTED AND ENACTED THIS 23 DAY OF MAY, 2006.

s\ DONNIE HENRIQUES Donnie Henriques, Mayor

ATTEST: s\ RHONDA L. PEZZELLO Rhonda L. Pezzello, City Clerk (Municipal Seal)

First Reading:

5-9-06

Second Reading: 5-23-06

Charter Amendment Advertising: Cherokee Tribune: April21, 2006 April 28, 2006 May 5, 2006

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA- County of Cherokee

Before me, the undersigned; a Notary Public, this day personally came R. Terry Smith who, being duly sworn, according to law, says that he is the President of the CHEROKEE TRIBUNE, publishers of the CHEROKEE TRIBUNE, official newspaper published at Canton in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 21,28 day(s) of April2006, and on the 5 day(s) of May 2006, as provided by law.

s\ R. TERRY SMITH R. Terry Smith

GEORGIA LAWS 2007 SESSION Subscribed and sworn to before me this 5 day of May, 2006

4491

s/ BARBARA J. MCDOUGAL Notary Public My commission expires Aug. 26, 2006 (SEAL)

CITY OF WOODSTOCK Notice of Charter Amendment

The Woodstock City Council will hold a public hearing on Tuesday, May 9, 2006 at 7:00 pm to hear public comment and to consider two ordinances to amend the Woodstock City Charter- More specifically, Section 5.20- Pertaining to Ward Boundaries and Section 2.34 of the Woodstock City Charter as it pertains to the adoption of ordinances.

Meetings of the Woodstock City Council are held at City Hall at I 03 Arnold Mill Road, Woodstock, Georgia and are open to the public. A copy of the proposed amendment is on file with the Woodstock City Clerk and may be viewed during formal business hours.

Citizens with special needs should contact the Woodstock ADA coordinator at 770 592-6002 to obtain this notice in an alternate format or to request special accommodations for the meeting.

Filed in the Office of the Secretary of State March 21, 2007.

CITY OF WOODSTOCK~ WARD BOUNDARIES.
ORDINANCE AMENDING SECTION 5.20 OF THE CITY CHARTER
CITY OF WOODSTOCK GEORGIA
WHEREAS, the City of Woodstock (hereinafter sometimes referred to as the "City") is a municipality duly formed and existing pursuant to Georgia law; and
WHEREAS, the 1983 Constitution of the State of Georgia provides for the self government of municipalities without the necessity of action by the General Assembly'; and
1Ga. Canst., 1983, Article IX, Section II, Paragraph II provides in pertinent part as follows: "The General Assembly may provide by law for the self government of municipalities and to that end is expressly given the authority to delegate its power so that matters pertaining to the municipalities

4492

MUNICIPAL HOME RULE ORDINANCES

WHEREAS, the City of Woodstock, Georgia, has the legislative power to adopt clearly reasonable ordinances, resolutions or regulations relating to its property, affairs and local government for which no provision has been made by general laws, and which are not inconsistent with the Constitution or any charter provision applicable thereto2; and

WHEREAS, the Mayor and Council of the City of Woodstock have determined that it would be in the best interest of the City of Woodstock to amend its Charter; and

WHEREAS, Section 2.34(b) of the City Charter of the City of Woodstock provides initial introduction of such amendments prior to adoption at the next regular meeting of the Council; and

WHEREAS, said amendments are and have been accessible to members of the public who are, or may be, affected by them, said amendments having been kept and maintained for public inspection during normal business hours at Woodstock City Hall, and notice was given regarding such accessibility by way of advertisement in "The Cherokee Tribune", the newspaper of general circulation within the territorial boundaries of the municipality of the City of Woodstock; and

WHEREAS, the governing authority of the City of Woodstock has read and considered the proposed Amendment;

WHEREAS, O.C.G .A. 36-35-4.1 authorizes the municipal governing authority of the City of Woodstock to, by ordinance, amend its Charter to reapportion election districts from which members of the municipal governing authority are elected, following publication of the United States Decennial Census of 1980 or any future such Census;

may be dealt with without the necessity of action by the General Assembly."
20.C.G.A. 36-35-3(a) provides as follows:
"(a) The governing authority of each municipal corporation shall have legislative power to adopt clearly reasonable ordinances, resolutions, or regulations relating to its property, affairs, and local government for which no provision has been made by general law and which are not inconsistent with the Constitution of any charter provision applicable thereto. Any such charter provision shall remain in force and effect until amended or repealed as provided in subsection (b) of this Code Section. This Code section, however, shall not restrict the authority of the General Assembly, by general law, to define this home rule power further or to broaden, limit or otherwise regulate the exercise thereof. The General Assembly shall not pass any local law to repeal, modify or suspend any action taken by a municipal governing authority under this Code Section, except as authorized under Code Section 36-35-6."

GEORGIA LAWS 2007 SESSION

4493

NOW, THEREFORE, BE IT RESOLVED AND ORDAINED by the Mayor and Council of the City of Woodstock that the aforesaid amendments shall now and hereafter be maintained for public inspection during normal business hours at the City Hall under the custody of the Clerk of the City of Woodstock; and

NOW, THEREFORE, BE IT RESOLVED AND ORDAINED by the Mayor and Council of the City of Woodstock, Georgia, by the lawful authority vested in them that the amendments as set out hereinafter be and the same are hereby adopted as a part of the Charter of the City of Woodstock. Except as otherwise set forth herein, the "Charter of the City of Woodstock, Georgia", is reaffirmed and reenacted in its entirety.

NOW, THEREFORE, for the Mayor and Council of the City of Woodstock hereby ordains that Section 5.20 of the City Charter of the City of Woodstock is hereby amended by striking said section in its entirety and inserting in lieu thereof a new Section 5.20 to read as follows:

"The City of Woodstock shall be divided into six (6) Wards as follows:

WARD I (Four Tracts)

All that tract or parcel ofland located within the city limits of City of Woodstock, Cherokee County, Georgia and being more particularly described as follows:

TRACT ONE: Tract One of Ward I is all that tract of land which is located to the west of 1 -575, to the north of Towne Lake Parkway, to the east of Running Deer Parkway until it intersects with Dream Catcher Drive. Tract One of Ward 1 is located to the south of Dream Catcher Drive and to the south of the shared lot line between Lots 743 and 744 as per plat of Deer Run North Section "B" Phase 1, prepared by Gaskins Surveying Co., John C. Gaskins Registered Land Surveyor No. 2060, the last revision of said plat being recorded on April 3, 1995, in Plat Book 49, Page 14, Cherokee County, Georgia records. Lot 743, being more commonly known as 4046 Dream Catcher Drive, is in Tract One of Ward 1. Lot 744, being more commonly known as 602 Overhill Drive, is not in Tract One of Ward 1 but is in Tract One of Ward 6.

Tract One of Ward 1 is bordered on the west and on the north by Tract One of Ward 6.

TRACT TWO: Tract Two of Ward 1 is all that tract of land which is located to the west of 1-575 and to the northeast of Old Rope Mill Road and to the north of Parodi Place as same intersects with Old Rope Mill Road. Tract Two of Ward 1 is north of Ward 6.

4494

MUNICIPAL HOME RULE ORDINANCES

TRACT THREE: Tract Three of Ward 1 is all that tract or parcel ofland located to the east of 1-575 and to the north of Towne Lake Parkway and to the west of Main Street. Tract Three of Ward 1 is bordered to the south by Towne Lake Parkway as it runs from 1-575 until it intersects with Main Street.

TRACT FOUR: Tract Four of Ward 1 is all that tract or parcel of land located to the east of Main Street and to the north of Dobbs Road as it runs from Main Street until it intersects with Arnold Mill Road and then to the north of Arnold Mill Road. Tract Four of Ward 1 is bordered on the south by Tract One of Ward 3.

WARD2 (Two Tracts)

All that tract or parcel of land located within the city limits of City of Woodstock, Cherokee County, Georgia and being more particularly described as follows:

TRACT ONE: Tract One of Ward 2 is all that tract of land which is located to the west of 1-575 and to the south of Dupree Road until it intersects with Bascomb Cannel Road and then to the south of Bascomb Carmel Road as it runs northwest. Tract One of Ward 2 is to the south of Tract One of Ward 1 and to the south of Tracts One and Two of Ward 6.

TRACT TWO: Tract Two of Ward 2 is all that tract of land which is located to the east of 1-575 and to the south of Towne Lake Parkway and Arnold Mill Road and to the west of Tract Two Ward 3 and Tract One, Ward 4. Tract Two of Ward 2 is also to the west of the land lot line shared by Land Lots 1066 and 1065, to the west of Wellington Manor Subdivision and to the west of Stonecroft. Tract Two of Ward 2 is bordered to the north by Tract Three of Ward 1 and Tract One of Ward 3.

WARD3 (Two Tracts)

All that tract or parcel ofland located within the city limits of Woodstock, Cherokee County, Georgia and being more particularly described as follows:

TRACT ONE: Tract One of Ward 3 is all that tract located to the east of Main Street and to the south of Dobbs Road as it runs from Main Street until it intersects with Arnold Mill Road. Tract One

GEORGIA LAWS 2007 SESSION

4495

of Ward 3 is bordered to the south by Arnold Mill Road. Tract One of Ward 3 is bordered to the north by Tract Four of Ward I.

TRACT TWO: Tract Two of Ward 3 is all that tract or parcel ofland located to the east of the shared lot line of Land Lots I 066 and I 065 and to the south of Arnold Mill Road as it intersects with Neese Road and then to the south/southwest of Neese Road. Tract Two of Ward 3 is located to north of the shared land lot line of Land Lots I099 and 1134 (also known as the southern land lot line of Land Lot I099).

TRACT THREE (A#020-04): All that tract or parcel of land lying and being in Land Lots 1097, 1098, 1099, 1100 and 1135, 15th District, 2nd Section, Cherokee County, Georgia, and being more particularly described as follows:

BEGINNING at an iron pin at the Land Lot corner common to Land Lots 1096, 1097, 1136 and 113 7; run thence along the west line of Land Lot I 097 N 0723' 54" E 1373.24 feet to the northwest corner of Land Lot I097; thence along the North line of Land Lot 1097 S 42 25' 16' E 790.12 feet to an iron pin; thence South 07 32' 05" West 627.43 feet to an iron pin; thence South 82 25' 07" E 1067.91 feet to an iron pin; thence North 25 38' 07" East 86.57 feet to an iron pin; Thence North 40 58' 30" East 44.77 feet to an iron pin; thence North 58 17' 17" East 35.03 feet to an iron pin; thence North 79 34' 07" East 54.72 feet to an iron pin; thence South 80 31' 00" East 176.69 feet to an iron pin; thence South 88 26' 47" East 100.93 feet to an iron pin; thence North 07 35' 37" East 464.31 feet to an iron pin on the north line of Land Lot I 098; thence along said Land Lot Line South 82 18' 48" East 333.41 feet to an iron pin on the Land Lot corner common to Land Lots 1962, I 063, 1098 and 1099; thence along the north line of Land Lot 1099 South 80 25' 20" East 661.39 feet to an iron pin; thence South 06 05' 57" West 232.37feet to an iron pin; thence North 89 09' 33" West 99.73 feet to a point; Thence South 78 24' 58" West 32.02 feet to an iron pin; thence South 07 53' 05" West 107.51 feet to an iron pin; thence South 78 38' 54" East 30.11 feet to an iron pin; thence South 79 05' 5" East 99.96 feet to an iron pin; thence South 07 49' 02" West 185.93 feet to a nail; thence North 74 54' II" East 51.64 feet to a point thence South 80 40' 45" East 82.08 feet to a point; thence South 81 o 12' 53" East I 02.88 feet to a point; thence South 74 05' 49" East 149.92 feet to a point; thence South 71 o 03' 25" East 77.54 feet to a point; thence South 72 54' 06" East 47.47 feet to a point; thence South 74 35' 04" East 81.47 feet to a point; thence South 77 39' 46" East 199.17 feet to a point; thence South 78 25" 44" East 119.90 feet to a point; thence South 80 51' 43" East 109.95feet to an iron pin on the westerly right of way of Neese Road (50 foot right of way); thence along said right of way South 20 56' 31" West 62.74 feet to an iron pin; thence leaving said right of way North 71 o 28' 22" West 96.14 feet to a point; thence North 77 38' 09" West 340.20 feet to an iron pin; thence South 31 o 46' 24" West 152.30 feet to an iron pin; thence South 89 44'

4496

MUNICIPAL HOME RULE ORDINANCES

51" West 200.26 feet to an iron pin; thence South 10 29' 48" East 232.02 feet to an iron pin; thence South 34 44' 44" West 315.06 feet to an iron pin on the south line of Land Lot 1099; thence along said Land Lot Line North 85 03' 24" West 484.74 feet to an iron pin; thence continuing along said Land Lot Line North 84 59' 19" West 420.00 feet to an iron pin at the Land Lot comer common to Land Lots 1098, 1099, 1134 and 1135; thence along the south line of Land Lot 1098 North 83 o 09' 18" West 1124.25 feet to a point; thence along a curve to the right, following the curvature thereof, for an arc distance of 165.03 feet, said curve having a radius of 371.87 feet and being subtended by a chord of South 35 49' 07" East 163.68 feet to a point; thence South 23 06" 18" East 158.00 to a point; thence South 66 52' 42" West 50.00 feet to a point; thence North 23 06' 18" West 158.00 feet to a point; thence along a curve to the left, following the curvature thereof, for an arc distance of 235.90 feet, said curve having a radius of321.87 feet and being subtended by a chord of North 44 06' 04" West 230.66 feet, said curve having a radius of 321.87 feet and being subtended by a chord of North 44 06'04" 230.66 feet to a point on the south line of Land Lot 1098; thence along said Land Lot Line North 82 09' 18" West 85.00 feet to an iron pin at the southwest comer of Land Lot 1098; thence along the south line of Land Lot 1097 North 81 48' 38" west 1269.40 feet to the POINT OF BEGINNING. Said tract contains 90.106 acres, and is more fully shown on an ALTA/ACSM Land Title Survey for KB Home Atlanta, LLC and Investors Title Insurance Company by Barton Surveying, Inc., dated March 19, 2004, last revised April 20, 2004.

WARD4 (One Tract)

All that tract or parcel ofland located within the city limits of Woodstock, Cherokee County, Georgia and being more particularly described as follows:

TRACT ONE: Tract One of Ward 4 is all that tract or parcel of land which is located to the east of the western boundary of Wellington Manor Subdivision and to the south of the northern boundary line of Wellington Manor Subdivision and to the east of the western boundary of Stonecroft. Tract One of Ward 4 is to the west of Gunnin Road as it runs in a southerly direction until it intersects with Trickum Road as it runs in a southerly direction and then to the west of Trickum Road. Tract One of Ward 4 is bordered on the west by Tract Two, Ward 2 and bordered on the North by Tract Two, Ward 3 and Tract Three, Ward 3.

Tract One of Ward 4 includes all residential dwelling lots in Wellington Manor Subdivision including those which front Westchester Way, Springfield Court, Springfield Drive and Remington Court. Tract One of Ward 4 includes all units in Stonecroft

GEORGIA LAWS 2007 SESSION
WARDS (One Tract)

4497

All that tract or parcel ofland located within the city limits of Woodstock, Cherokee County, Georgia and being more particularly described as follows:

TRACT ONE: Tract One of Ward 5 is all that tract or parcel of land located to the east of Neese Road as it runs South until it intersects with the northern property line of First Baptist Church of Woodstock (also known as the northerly land lot line of Land Lots 1133 and 1132). Tract One of Ward 5 is located to the east of Gunnin Road as it runs in a southerly direction and intersects with Trickum Road and then to the east of Trickum Road as said road continues in a southerly direction. Tract One of Ward 5 is bordered to the west by Tract Two of Ward 3 and Tract One of Ward 4.

WARD6 (Two Tracts)

All that tract or parcel ofland located within the city limits of Woodstock, Cherokee County, Georgia and being more particularly described as follows:

TRACT ONE: All that tract or parcel of land which is west of 1-575 and to the west/northwest of Running Deer Parkway until it intersects with Dream Catcher Drive and then to the north of Dream Catcher Drive as it intersects with the shared lot line between Lots 743 and 744 as per plat of Deer Run North Section "B" Phase 1, prepared by Gaskins Surveying Co., John C. Gaskins Registered Land Surveyor No. 2060, the last revision of said plat being recorded on April 3, 1995, in Plat Book 49, Page 14, Cherokee County, Georgia records. Tract One of Ward 6 is located to the southwest of Old Rope Mill Road where it intersects with Parodi Place.

Lot 744 of Deer Run North Section B Phase I, being more commonly known as 602 Overhill Drive, is in Tract One of Ward 6.

TRACT TWO: Tract Two of Ward 6 is all that tract of land to the west of 1-575 and to the south of Towne Lake Parkway and to the north of Dupree Road and to the north of Bascomb Cannel Road after its intersection with Dupree Road.

ALL SIX WARDS ARE MORE PARTICULARLY SHOWN ON EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF BY REFERENCE.

4498

MUNICIPAL HOME RULE ORDINANCES

NOW, THEREFORE, the Mayor and Council of the City of Woodstock hereby ordains that, in the event any property annexed into the City of Woodstock, Georgia is not included in the legal descriptions outlined in this Ordinance, said annexed property will be considered part of the Ward to which it is adjacent. In the event that the annexed property is adjacent to more than one Ward, said annexed property will become part of the Ward which shares the greatest amount of linear footage with the annexed property.

APPROVED, ADOPTED AND ENACTED this 11 day of April, 2006.

s\ DONNIE HENRIQUES MAYOR DONNIE HENRIQUES CITY OF WOODSTOCK, GEORGIA

s\ RHONDA L. PEZZELLO RHONDA L. PEZZELLO, CLERK CITY OF WOODSTOCK, GEORGIA

First Reading:

3-28-06

Second Reading: 4-11-06

Publication dates:

4-21-06 4-28-06 5-5-06 Cherokee Tribune

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA- County of Cherokee

Before me, the undersigned; a Notary Public, this day personally came R. Terry Smith, who, being duly sworn, according to law, says that he is the President of the CHEROKEE TRIBUNE, publishers of the CHEROKEE TRIBUNE, official newspaper published at Canton in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 21, 28 day(s) of April2006, and on the 5 day(s) of May 2006, as provided by law.

s\ R. TERRY SMITH

GEORGIA LAWS 2007 SESSION
Subscribed and sworn to before me this 5 day of May, 2006

4499

~BARBARALMCDOUGAL
Notary Public My commission expires Aug. 26, 2006 (SEAL)

PUBLIC NOTICE CITY OF WOODSTOCK NOTICE OF CHARTER AMENDMENT

The Woodstock City Council will hold a public hearing on Tuesday, May 9, 2006 at 7:00 pm to hear public comment and to consider two ordinances to amend the Woodstock City Charter- More specifically, Section 5.20- Pertaining to Ward Boundaries and Section 2.34 of the Woodstock City Charter as it pertains to the adoption of ordinances.

Meetings of the Woodstock City Council are held at City Hall at 103 Arnold Mill Road, Woodstock, Georgia, and are open to the public. A copy of the proposed amendment is on file with the Woodstock City Clerk and may be viewed during normal business hours.

Citizens with special needs should contact the Woodstock, ADA Coordinator at 770-926-8852 to obtain this notice in an alternate format or to request special accommodations for the meetings.

Filed in the Office of the Secretary of State March 12, 2007.

CITY OF KENNESAW- ELECTIONS.
CITY OF KENNESAW GEORGIA
ORDINANCE NO. 2007-13,2007
AMENDMENT TO THE CHARTER OF THE CITY OF KENNESAW ARTICLE V "ELECTIONS"
This Amendment provides for a change in the election provision of the City's Charter.

4500

MUNICIPAL HOME RULE ORDINANCES

Article V. Elections, Sections 5.01 through 5.10 of the Charter shall be amended as follows:

Article V. Elections of the City Charter is hereby amended by striking the section in its entirety and substituting therefore the following:

Sec. 5.01. Regular elections. Time for holding and taking office. The regular elections for mayor and councilmembers shall be held on the Tuesday next following the first Monday in November of the election year as their terms fall. Except as otherwise provided by law, officials elected at any regular election shall take office at the first regularly scheduled council meeting in January following their respective elections.

Sec. 5.02. Qualification of candidates. (a) Each candidate for municipal office or a designee shall file a notice of candidacy in the office of the election superintendent during the City's qualifying period. The city council shall designate the days of the qualifying period, which shall be no less than three (3) days and no more than five (5) days. The days of the qualifying period shall be consecutive days. Qualifying periods shall commence no earlier than 8:30A.M. on the last Monday in August immediately preceding the general election and shall end no later than 4:30 P.M. on the following Friday; and, in the case of a special election, the municipal qualifying period shall commence no earlier than the date of the call and shall end no later than 25 days prior to the election. (b) The hours of qualifying each day shall be from 8:30A.M. until4:30 P.M. with one hour allowed for the lunch break; provided, however, that should the City have normal business hours which cover a lesser period of time it shall conduct qualifying during its normal business hours. Except in the case of a special election, notice of the opening and closing dates and the hours for candidates to qualify shall be published at least two weeks prior to the opening of the qualifying period. (c) The residency requirements for a candidate for any municipal office, except offices of a judicial nature, shall be 12 months residency within the municipality; provided, however, that municipalities may by charter provide for lesser residency requirements for candidates for municipal office.

State law references: Filing notice of candidacy for municipal office, O.C.G.A. 21-2-132(d)(3).

Sec. 5.03. Qualification of electors. Any person meeting the qualifications of an elector of members of the General Assembly under state law, who is a bona fide resident of the City of Kennesaw, shall be qualified to register as an elector in any city election held under this charter.

GEORGIA LAWS 2007 SESSION State law references: Elector's qualifications, O.C.G.A. 21-2-216.

4501

Sec. 5.04. Applicability of general laws. Except as otherwise provided by this charter, the election of all officials of the City of Kennesaw where provision is made for election by the qualified voters thereof, shall be conducted as to special or general elections in conformity so far as applicable with the provisions of the Georgia Election Code in Title 21, Chapter 2 of the Official Code of Georgia Annotated as it now exists or may hereafter be amended. Whenever any time period established by said code is altered so as to change or supersede any time period provided herein, it shall be considered that said periods herein shall be correspondingly changed so as to avoid any conflict between the charter and the general law.

Sec. 5.05. Time of election; polls. At all primaries and elections the polls shall be opened at 7:00A.M. eastern standard time or eastern daylight time, whichever is applicable, and shall remain open continuously until 7:00P.M. eastern standard time or eastern daylight time, whichever is applicable, at which time they shall be closed, as provided by state law.

Sec. 5.06. Place of elections. The polling place or places for holding elections shall be prescribed by the mayor and council and shall be published in the election notice; provided, however, any change in a polling place shall be affected as provided by the Georgia Election Code, as it now exists or may hereafter be amended.

Sec. 5.07. Voter registration. In all elections held in the City of Kennesaw, whether special or general elections, the voters, in addition to the qualifications already prescribed, shall be registered as may be prescribed by ordinance.

Sec. 5.08. Rules. The mayor and council are hereby authorized to enact by ordinance such additional rules consistent with this charter and general laws as are deemed necessary for the conduct of elections.

Sec. 5.09. Absentee ballots. The mayor and council in their discretion are authorized to provide by ordinance for absentee ballots for any city election.

State law references: Absentee ballots are now provided for by state law, O.C.G.A. 21-2-280 et seq.

4502

MUNICIPAL HOME RULE ORDINANCES

Sec. 5.1 0. Call for elections. Any call for an election which is required to be made by the laws of this state shall be made by the mayor and council.

PASSED AND ADOPTED by the Kennesaw City Counsel on this 2nd day of April, 2006.

ATTEST:

CITY OF KENNESAW:

s\ DEBRA TAYLOR Debra Taylor, City Clerk

s\ LEONARD CHURCH Leonard Church, Mayor

CLERK'S CERTIFICATION

CITY OF KENNESAW GEORGIA, COBB COUNTY

I, Debra Taylor, hereby certify that I am the Clerk for the City of Kennesaw and the lawful custodian of the books and records of said municipality, and as such do hereby certify that the attached Kennesaw Ordinance No. 2007-13 is a true and correct copy as same appears of record, and is currently in full force and effect.

WITNESS, my hand and Seal of the City of Kennesaw, Georgia, on this 4th day of April, 2007.

ATTEST: s\ DEBRA TAYLOR Debra Taylor, City Clerk
(SEAL)

CLERK'S CERTIFICATION

CITY OF KENNESAW GEORGIA, COBB COUNTY

I, Debra Taylor, hereby certify that I am the Clerk for the City of Kennesaw and the lawful custodian of the books and records of said municipality, and as such do hereby certify that the attached proofs of publication are a true and correct copies on file at City Hall.

WITNESS, my hand and Seal of the City of Kennesaw, Georgia, on this 14th day of April, 2007.

GEORGIA LAWS 2007 SESSION
ATTEST: s\ DEBRA TAYLOR Debra Taylor, City Clerk
(SEAL)

4503

CITY OF KENNESAW PUBLIC NOTICE

Notice is hereby given that the City of Kennesaw shall hold a public hearing to amend the City Charter Article V "Elections" to coincide with amendments to the Official Code of Georgia Annotated. Copies ofthe proposed Charter section being amended and on file in the Office ofthe City Clerk during normal business hours, Monday-Friday from 8 am to 5pm for public viewing.

A public hearing is scheduled for Monday, March 19, 2007 at 6:30pm and final adoption is scheduled for the regular Mayor and City Council meeting on April 2, 2007, 6:30 pm in the Kennesaw City Council Chambers, 2529 J. 0. Stevenson Avenue. All interested persons may attend and be heard relative thereto.

Filed in the Office of the Secretary of State April 13, 2007.

CITY OF COCHRAN- ADOPTION OF ORDINANCES.
AMENDMENT OF SECTION 2.22(B) OF THE CHARTER OF THE CITY OF COCHRAN BY ORDINANCE
It is hereby ordained by the governing authority of the City of Cochran that Section 2.22(b) of the charter of the City of Cochran shall be amended as follows:
Section 2.22(b) currently reads as follows: "An ordinance may be introduced by any council member 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 Act. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each council member and shall file a reasonable number of copies in the Office of the Clerk and at such other public places as the city council may designate."
Section 2.22(b) after this amendment shall read as follows: "An ordinance may be introduced by any council member 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

4504

MUNICIPAL HOME RULE ORDINANCES

accordance with the rules which it shall establish; provided, however, that an ordinance can be adopted the same day it is introduced, and emergency ordinances provided for in Section 2.24 of this Act can also be adopted the same day they are introduced. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each council member and shall file a reasonable number of copies in the Office of the Clerk and at such other public places as the city council may designate."

A vote for the proposed above change was held at the regular city council meeting on March 13,2007, at 7:00p.m. and the vote being 4 in favor and 0 opposed and also a vote was called at the regular April meeting on April 10, 2007, at 7:OOp.m. and the vote being 6 for and 0 against the above proposed change.

If a majority of the city council votes in favor of this proposed amendment at the regular March and April, 2007 meetings of the city council of the City of Cochran, the above amendment is hereby passed and will take effect as soon as all the provisions of the Georgia Law are taken care of.

This the lOth day of April, 2007.

s/ EDWARD E. TOWNS Gene Towns, Mayor

CITY COUNCIL

s/ WILLIE M. BASBY Honorable Rev. Willie Basby

s/ CHARLES C. CRANFORD Honorable Charles Cranford

s/ ERIC BISHER Honorable Eric Bisher

s/ LEO MULLIS Honorable Leo Mullis

s/ DAVID SAWYER Honorable David Sawyer

s/GARY ATES Honorable Rev. Gary Ates

STATE OF GEORGIA COUNTY OF BLECKLEY

I, MATT TURKNETT, Clerk of the City of Cochran, hereby certify that the attached is a certified copy of an ordinance passed by the City Council of the City of Cochran at their regular meeting held on April I0, 2007, at City Hall on Dykes Street in the City of Cochran.

GEORGIA LAWS 2007 SESSION This the 10 day of April, 2007.

4505

s/ MATT TURKNETT MATT TURKNETT Clerk of the City of Cochran

AFFIDAVIT

STATE OF GEORGIA COUNTY OF BLECKLEY

I, Brandy Perry, Managing Editor of the Cochran Journal, the Official Organ ofBleckley County, Georgia, hereby certify that the attached is a copy of the notice of charter amendment by ordinance for the City of Cochran which was run in the legals section of the Cochran Journal on February 20,2007, February 27,2007, and March 6, 2007, in accordance with Chapter 36 of the Official Code of Georgia Annotated.

This the 12th day of April, 2007.

s/ BRANDY PERRY Ms. Brandy Perry Managing Editor The Cochran Journal

Sworn to and subscribed before me, this 12th day of April, 2007.

s/ BETTY Y. COOPER Notary Public, Bleckley County, Georgia My Commission Expires: 5/17/2010 NOTARIAL SEAL

LEGAL NO. C07-410

NOTICE OF CHARTER AMENDMENT BY ORDINANCE

Notice is hereby given of the intent of the city council of the City of Cochran to amend the city charter by ordinance.

4506

MUNICIPAL HOME RULE ORDINANCES

Section 2.22(b) of the charter of the City of Cochran currently reads as follows: "An ordinance may be introduced by any council member 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 Act.

Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each council member and shall file a reasonable number of copies in the Office of the Clerk and at such other public places as the city council may designate."

After the amendment of the current Section 2.22(b) of the charter of the City of Cochran it shall read as follows: "An ordinance may be introduced by any council member 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 can be adopted the same day it is introduced, and emergency ordinances provided for in Section 2.24 of this Act can also be adopted the same day they are introduced.

Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each council member and shall file a reasonable number of copies in the Office of the Clerk and at such other public places as the city council may designate."

A copy of the above proposed amendment of the charter of the City of Cochran by ordinance is on file in the Office of the Clerk of the City of Cochran at City Hall at 108 Northeast Dykes Street, Cochran, Georgia, and in the Office of the Clerk of the Superior Court of Bleckley County at the Bleckley County Courthouse on Second Street in the City of Cochran for the purpose of examination and inspection by the public.

The Clerk of the City of Cochran at City Hall will furnish to anyone, upon written request, a copy of the proposed amendment.

The city council of the City of Cochran shall consider the above proposed amendment of the city charter by ordinance at its regular March and April, 2007, meetings on March 13, at 7:00p.m. and April 10, at 7:00p.m. at council chambers at City Hall located at 112 West Dykes Street, Cochran, Georgia.

Filed in the Office of the Secretary of State April 16, 2007.

GEORGIA LAWS 2007 SESSION
CITY OF RINGGOLD- CREATE OFFICE OF CITY MANAGER; ABOLISH OFFICE OF CLERK AND TREASURER.

4507

CITY OF RINGGOLD STATE OF GEORGIA

ORDINANCE NO.: 2006-1127-07

AN AMENDMENT TO THE CHARTER OF THE CITY OF RINGGOLD, GEORGIA, TO ABOLISH THE OFFICES OF CLERK AND TREASURER AND TO ADD THE OFFICE OF CITY MANAGER IN THEIR PLACE.

WHEREAS, the duly elected governing authority of the City of Ringgold, Georgia is authorized under Article III, Section VI, Paragraph I of the Constitution of the State of Georgia and under O.C .G .A. 36-35-1, et seq. to adopt an Amendment to its Charter which abolishes the offices of clerk and treasurer and establishes the office of county manager for the City of Ringgold, Georgia in their place; and

WHEREAS, this Amendment to the municipal Charter of the City of Ringgold, Georgia has been duly adopted at two regular consecutive meetings of the Mayor and Aldermen, which is the governing authority of the City of Ringgold, Georgia; and

WHEREAS, the two regular consecutive meetings were not less than seven nor more than sixty days apart; and

WHEREAS, a notice containing a synopsis of the proposed Amendment was published in the official organ of the county of the legal situs of the municipal corporation, the City of Ringgold, Georgia once a week for three weeks within a period of sixty days immediately preceding its final adoption; and

WHEREAS, the notice stated that a copy of the proposed Amendment was on file in the office of the recording officer of the municipal governing authority and in the office of the clerk of the superior court of the county legal situs of the municipal corporation for the purpose of examination and inspection by the public; and

WHEREAS, the notice stated that the recording officer of the municipal governing authority shall furnish anyone, upon written request, a copy of the proposed Amendment.

NOW, THEREFORE, IT IS HEREBY ENACTED BY THE GOVERNING AUTHORITY OF THE CITY OF RINGGOLD, GEORGIA AS FOLLOWS:

4508

MUNICIPAL HOME RULE ORDINANCES

SECTION I

That the Charter of the, City of Ringgold, Georgia is hereby amended by deleting Section XX in its entirety, and inserting in lieu thereof, the following, to-wit:

"Section XX. City Manager.

The Mayor and Aldermen shall appoint a city manager for an indefinite term and shall fix the manager's compensation. The manager shall be appointed solely on the basis of executive and administrative qualifications."

SECTION II

The foregoing Amendment to Charter shall become effective upon the adoption at two (2) regular consecutive meetings of the Mayor and Aldermen pursuant to the requirements ofO.C.G.A. 36-35-3.

SECTION III

Should any portion ofthis Amendment to Charter be declared invalid or unconstitutional, the remainder of the Charter shall remain in full force and effect.

SO ENACTED, this 27th day of November, 2006.

CITY OF RINGGOLD, GEORGIA

s\ JOE BARGER JOE BARGER, MAYOR

Attest: s\ DAN WRIGHT Dan Wright, City Manager

First Reading:

November 13, 2006

Second Reading: November 27,2006

GEORGIA LAWS 2007 SESSION AFFIDAVIT OF PUBLICATION

4509

State of Georgia, County of Catoosa

I Donald A. Stilwell do solemnly swear that I am the Publisher of THE CATOOSA COUNTY NEWS, printed and published at Ringgold in the State of Georgia, and that from my personal knowledge and reference to files of said publication the advertisement of Amendment to Charter was inserted in THECATOO SA COUNTY NEWS in space of Legal Notices on dates as follows: 11-8, 15,22

Subscribed and sworn to before me

s\ DONALD A. STILWELL

This 4 day of December 2006

s\ CYNTHIA D. BLACK Cynthia D. Black Notary Public. My Commission Expires November 7, 2010

LEGAL NOTICE Please take notice that the Mayor and Aldermen of the City of Ringgold, Georgia are presently considering an Amendment to Charter which would abolish the offices ofclerk and treasurer and add the new office of city manager in its place. A copy of the proposed Amendment is on file both in the office of the recording officer of the City of Ringgold, Georgia at City Hall, 150 Tennessee Street, Ringgold, Georgia 30736, and in the office of the Clerk of the Superior Court of Catoosa County, Georgia, the Honorable Norman Stone, Catoosa County Courthouse, 7694 Nashville Street, Ringgold, Georgia 30736, for the purpose of examination and inspection by the public. The council will consider the final adoption of the Amendment on November 27, 2006 at 7:00PM. The recording officer of the City of Ringgold, Georgia shall furnish anyone, upon written request, a copy of the proposed Amendment.

This 6th day of November, 2006.

Joe Barger, Mayor City of Ringgold, Georgia

Filed in the Office of the Secretary of State April 17, 2007.

4510

MUNICIPAL HOME RULE ORDINANCES

CITY OF ALBANY-MAYOR AND BOARD OF COMMISSIONERS; COMPENSATION.

07-110 AN ORDINANCE
ENTITLED AN ORDINANCE ADOPTED PURSUANT TO THE PROVISIONS OF TITLE 36, CHAPTER 35 OF THE OFFICIAL CODE OF GEORGIA ANNOTATED, AS AMENDED, AMENDING SECTION 3(e) OF THE CHARTER OF THE CITY OF ALBANY SO AS TO INCREASE THE SALARIES OF THE MAYOR AND BOARD OF COMMISSIONERS; 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 increase the salaries of the Mayor and Board of Commissioners,

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 I. Section 3(e) of the Charter of the City of Albany, as amended, is hereby deleted.

SECTION 2. Section 3(e) of the Charter of the City of Albany, as amended, shall read as follows:

(e) Salaries. Each member of the board of commissioners of the City of Albany, except the mayor, shall receive a salary offifteen thousand dollars ($15,000.00) per annum, payable in monthly installments on the first day of each month. The mayor of the City of Albany shall receive a salary of twenty five thousand dollars ($25,000.00) per annum, payable in monthly installments on the first day of each month.

SECTION 3. Pursuant to the provisions of 36-35-3 of the 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.

GEORGIA LAWS 2007 SESSION
s/ WILLIE ADAMS, JR. MAYOR

4511

ATTEST:

s/ SONJA TOLBERT CITY CLERK

Adopted: 2-28-07 (First Reading) 3-27-07 (2nd Reading)

Introduced By Commissioner: Dorough Date(s) read: March 27, 2007

I do hereby certify that this is a true and correct copy.

s/ SONJA TOLBERT CITY CLERK Albany, GA

4-13-07 DATE

Affidavit of Publication

Georgia, Dougherty County

Personally, appeared before the undersigned, an officer, authorized to administer oaths, Cathy Shaw, who being sworn, says that she is the Retail Account Executive of the Albany Herald Publishing, Inc. a corporation with principal offices at Albany, Dougherty County, Georgia, and having general circulation within the area of Dougherty County, Early County, Clay County Calhoun County, Mitchell County, Decatur County, Baker County, Worth County, Lee County, Terrell County, Miller County, Randolph County, Turner County, Sumter County and Seminole County, and that the advertisement of City of Albany, (Sonja Tolbert), a TRUE COPY of which is affixed hereto, was published in the Albany Herald in all its editions for 2/07,2114,2/21/07.

s/ CATHY SHAW Cathy Shaw

4512

MUNICIPAL HOME RULE ORDINANCES

Sworn to and subscribed before me at Albany, Georgia this 21st day of February, 2007.

s/ CHERYL FRAKES Notary Public (SEAL)

NOTICE OF INTENT TO INCREASE THE SALARIES OF THE MAYOR AND BOARD OF COMMISSIONERS OF THE CITY OF
ALBANY, GEORGIA

Notice is hereby given pursuant to O.C.G.A. 36-35-4(a)(3) that an ordinance will be introduced on February 28, 2007 to increase the salaries of the Mayor and Board of Commissioners to $25,000 per annum and $15,000 per annum, respectively. The meeting at which such ordinance will be introduced will be held in room 100 of the Government Center Building located at 222 Pine Avenue beginning at 8:00PM.

This 7th day of February, 2007

SONJA TOLBERT City Clerk Suite 540 222 Pine Avenue Albany, Georgia 31701 229.432.2161

Filed in the Office of the Secretary of State April 24, 2007.

CITY OF LAGRANGE- REDESIGNATE CITY CLERK-TREASURER AS DEPUTY CITY MANAGER-ADMINISTRATION AND FINANCE.
07-13
AN ORDINANCE
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF LAGRANGE TO AMEND THE CHARTER OF THE CITY; TO AMEND THE CHARTER SO AS TO REDESIGNATE THE OFFICE FORMERLY KNOWN AS CITY CLERK-TREASURER

GEORGIA LAWS 2007 SESSION

4513

AS DEPUTY CITY MANAGER-ADMINISTRATION AND FINANCE; TO REPEAL CONFLICTING PROVISIONS; TO FIX AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

THE MAYOR AND COUNCIL OF THE CITY OF LAGRANGE, GEORGIA, HEREBY ORDAIN AS FOLLOWS:

SECTION 1:

That the Charter of the City of LaGrange be amended, pursuant to the Municipal Home Rule Act of 1965, as amended, by deleting each and every reference to clerk, clerk-treasurer, city clerk and city clerk-treasurer, inserting in lieu thereof "deputy city manager-administration and finance" with the exception of a reference of "clerk of the superior court" contained in the legal description for the boundaries for the City ofLaGrange, which shall remain unchanged.

SECTION 2:

All provisions of the Charter of the City of LaGrange in conflict herewith are hereby repealed.

SECTION 3:

This Charter amendment, after adoption by the Council and upon approval by the Mayor,

shall become effective upon a copy of same being filed with the Secretary of State of the

State of Georgia and the Clerk of the Superior Court of Troup County, Georgia, all in

accordance with O.C.G.A. 36-35-5.



INTRODUCED AND FIRST READING SECOND READING AND ADOPTED

April 10, 2007 April 24, 2007

SUBMITTED TO MAYOR AND APPROVED April 24, 2007

BY: s\ W. JEFF LUKKEN Mayor

ATTEST: s\ MARGARET B. KELSEY Clerk

4514

MUNICIPAL HOME RULE ORDINANCES CERTIFICATE

GEORGIA, TROUP COUNTY.

The undersigned, Clerk of the City of LaGrange, Georgia and keeper of the seal thereof, does hereby certify that the attached is a true and correct copy of an Ordinance to amend the Charter of the City to redesignate the office formerly known as City-Clerk Treasurer.

This the 25th of April, 2007.

(SEAL)

s\ MARGARET B. KELSEY Margaret B. Kelsey, Deputy City Manager City of LaGrange

Affidavit of Publisher of Newspaper Georgia, Troup County

Before me personally appeared Jennifer R. Bell who being duly sworn, depose and says that he is the Authorized Agent of The LaGrange Daily News, and that the same is a public gazette published in the city of LaGrange, in Troup County, Georgia. It is the newspaper in which is published the Sheriffs sales of said County of Troup in said State.

Deponent further saith that the following notice attached hereto:

LEGAL NO. 1867 APRIL 6, 13 AND 20, 2007

NOTICE OF INTENT TO AMEND CHARTER OF THE CITY OF LAGRANGE

Notice is hereby given that the Mayor and Council of the City of LaGrange, Georgia, have proposed and will consider an amendment to the City Charter redesignating the office formerly known as "City Clerk-Treasurer' as Deputy City Manager-Administration and Finance." A copy of the proposed amendment is on file in the office of Meg B. Kelsey, City Clerk, and in the office of Jackie Ward Taylor, Clerk of Superior Court of Troup County, Georgia, for the purpose of examination and inspection by the public.

GEORGIA LAWS 2007 SESSION This 30th day of March, 2007

4515

Jeffrey M. Todd LaGrange City Attorney Lewis, Taylor, & Todd, P.C. 205 N. Lewis Street, Suite 3 LaGrange, Georgia 30240

has been published in said LaGrange Daily News, to wit:

4-6 2007 4-13 2007 4-20 2007

being 3 publications of said notice and petition, issued on dates aforesaid respectively.

s\ JENNIFER R. BELL Authorized Agent

Sworn and subscribed before me this 25 day of April, 2007

s\ JUDY C. PHILLIPS Notary Public, Troup County (SEAL)

Filed in the Office ofthe Secretary of State May 3, 2007.

1 1 1 1
1 1 1 1
1 1 1 1
1 1 1 1
1 1 1 1

GEORGETOWN-QUITMAN COUNTY CHARTER

GEORGIA LAWS 2007 SESSION
A RESOLUTION OF THE
GEORGETOWN-QUITMAN COUNTY CHARTER AND UNIFICATION COMMISSION

4519

To provide for the unification of the existing governments of the City of Georgetown and Quitman County; to provide for the creation of the unified government of Georgetown-Quitman County, Georgia; to provide for the status, boundaries, and powers of the unified government; to provide for the form of, administration of, and affairs of the unified government; to provide for officers and employees, elections, courts, taxation, and finance; to provide for other related matters; to provide for a referendum election with respect to the effectiveness of the foregoing; to repeal conflicting laws; and for other purposes.

BE IT RESOLVED BY THE GEORGETOWN-QUITMAN COUNTY CHARTER AND UNIFICATION COMMISSION:

The following provisions, exclusive of the Table of Contents which is included solely as a convenience to the reader, shall constitute and may be referred to as the charter of the unified government of Georgetown-Quitman County, Georgia.

TABLE OF CONTENTS

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

Section 1-101. Unification of County and City; Creation of Unified Government; Name. Section 1-102. Boundaries. Section 1-103. Status of Unified Government as Municipal Corporation and County. Section 1-104. Powers of the Unified Government. Section 1-105. Taxing Districts. Section 1-106. Construction.

ARTICLE II LEGISLATIVE ARTICLE

Chapter 1 - The Commission

Section 2-101. Name and Composition. Section 2-102. Term of Office; Qualifications; Disqualifications.

4520

GEORGETOWN-QUITMAN COUNTY CHARTER

Section 2-103. Salary and Expenses of the Commission. Section 2-104. Organization; Oath; Rules; Quorum; Meetings; Records. Section 2-1 OS. Powers of the Commission. Section 2-106. Filling of Vacancies.

Chapter 2 - Legislative Procedure Section 2-201. Legislation by Ordinance. Section 2-202. Introduction, Consideration, and Passage of Ordinances and Resolutions. Section 2-203. Emergency Ordinances. Section 2-204. Authentication; Recording; Effective Date. Section 2-205. Codes of Technical Regulations. Section 2-206. Codification of Ordinances. Section 2-207. Prima-Facie Evidence.

Chapter 3 - Ethics and Prohibited Practices Section 2-30 I. Conflict of Interest. Section 2-302. Disclosure. Section 2-303. Testimony of Public Officials Relating to Public Affairs. Section 2-304. Contracts Voidable and Rescindable. Section 2-305. Hearings and Determinations. Section 2-306. Removal of the Chairman or Commissioner; Procedure for Removal.

ARTICLE III ADMINISTRATION

Chapter 1 - Officers

Section 3-101. Manager; Appointment; Qualifications; Compensation. Section 3-102. Manager; Powers and Duties. Section 3-103. Attorney; Appointment; Term; Qualifications; Duties; Compensation. Section 3-104. Sheriff. Section 3-105. Judge of the Probate Court. Section 3-106. Clerk of Superior Court. Section 3-107. Tax Commissioner. Section 3-108. Coroner.

Chapter 2 - Administrative and Service Departments

Section 3-201. Creation and Functions; Generally. Section 3-202. Administrative Reorganization. Section 3-203. Appointment of Directors of Departments.

GEORGIA LAWS 2007 SESSION Section 3-204. Departments under State Law.

4521

Chapter 3 - Merit System of Personnel Administration

Section 3-301. Establishment of Merit System.

Chapter 4- Boards, Commissions, and Authorities

Section 3-401. Certain Boards, Commissions, and Authorities Continued.

ARTICLE IV JUDICIARY

Section 4-101. Superior Court and District Attorney; Unaffected by Charter; Redesignation. Section 4-102. Juvenile Court; Unaffected by Charter; Redesignation. Section 4-103. Probate Court; Unaffected by Charter; Redesignation. Section 4-104. Magistrate Court; Unaffected by Charter; Redesignation. Section 4-105. Municipal Court of the City of Georgetown; Continuation of Operations in
the Magistrate Court and Probate Court of the Unified Government.

ARTICLE V ELECTIONS

Chapter 1 - Conduct of Elections

Section 5-l 01. Applicability of General Laws. Section 5-l 02. Regular Election; Time for Holding; Voting. Section 5-l 03. Special Elections.

ARTICLE VI REVENUE AND FINANCE

Chapter 1 - Taxation and Other Revenues

Section 6-101. Levy and Collection of Taxes, Fees, Charges, and Assessments; Appropriations.
Section 6-102. Collection of Delinquent Taxes and Fees.

Chapter 2 - Borrowing and Indebtedness

Section 6-201. Issuance of General Obligation Bonds.

4522

GEORGETOWN-QUITMAN COUNTY CHARTER

Section 6-202. Debt Limitation; General Obligation Bonds. Section 6-203. Revenue Bonds. Section 6-204. Use of Bond Proceeds.

Chapter 3 - Financial Administration

Section 6-30 l. Fiscal Year. Section 6-302. Preparation of Budgets. Section 6-303. Scope of Budgets. Section 6-304. Submission of Budgets to the Commission. Section 6-305. Adoption of Budgets. Section 6-306. Property Tax Levies. Section 6-307. Limitation of Funds. Section 6-308. Transfer of Funds. Section 6-309. Lapse of Appropriations. Section 6-310. Annual Audit.

Chapter 4 - Procurement and Disposition of Property

Section 6-40 I. Contracting. Section 6-402. Sale and Disposition of Property.

ARTICLE VII GENERAL PROVISIONS

Section 7-101. Application of Laws; Laws in Force. Section 7-102. Limitation on Claims and Service. Section 7-103. Tort and Nuisance Liability. Section 7-104. Conflict of Laws. Section 7-105. Competitive Bidding. Section 7-106. Execution of Assessments. Section 7-107. Authority to Deal with Federal and State Agencies. Section 7-108. Federal and State Aid. Section 7-I 09. Budgets of County Officers and Agencies. Section 7-110. Existing Pension Rights Protected. Section 7-111. Establishment of New Pension Systems; Merging of Existing Systems. Section 7-112. Amending Charter. Section 7-113. Fidelity Bonds. Section 7-114. Examples of Powers. Section 7-115. Section Captions. Section 7-116. Effect of Repeals.

GEORGIA LAWS 2007 SESSION
Section 7-117. Severability Clause. Section 7-118. Repeal of Conflicting Laws.

4523

ARTICLE VIII TRANSITION PROVISIONS

Section 8-10 I. Special Election of First Officials. Section 8-102. Initial Terms of Office. Section 8-103. Effective Date of Charter. Section 8-104. Cooperation of Former Governments. Section 8-105. Existing Ordinances and Resolutions Continued in Effect. Section 8-106. Contracts and Obligations. Section 8-107. Dissolution of Existing Governments. Section 8-108. Transfer of Records and Equipment. Section 8-109. Officers Serve Until Successors Qualify. Section 8-110. Referendum on the Charter.

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

SECTION 1-101. Unification of County and City; Creation of Unified Government;
Georgetown-Quitman County.

(a) The governmental and corporate powers, duties, and functions now vested in the governing authority of the City of Georgetown, a municipal corporation chartered by an Act of the General Assembly of Georgia, approved May 6, 2005 (H.B No.757, Act 216), are hereby unified with the governmental and corporate powers, duties, and functions of Quitman County. This unification shall result in the creation and establishment of a single county-wide government with powers and jurisdiction throughout the territorial limits of Quitman County, which single government shall supersede and replace the governments of the City of Georgetown and Quitman County. Said county-wide government shall be a new political entity, a body politic and corporate, and a political subdivision of the state, to be known as the "Unified Government of Georgetown-Quitman County, Georgia," (herein at times called the "Unified Government,") having all the governmental and corporate powers, duties, and functions heretofore held by and vested in the City of Georgetown and Quitman County, and also the powers, duties, and functions provided in this charter. The unified government shall be a public corporation; shall have perpetual existence; shall adopt a common seal; shall, without the necessity or formality of a deed, bill of sale, or other instrument oftransfer, own, possess, and hold all the properties ofwhatsoever kind or nature,

4524

GEORGETOWN-QUITMAN COUNTY CHARTER

assets, contracts, franchises, things, rights, privileges, immunities, and real and personal property theretofore owned, possessed, enjoyed, or held by the City of Georgetown or Quitman County; and by the name of Georgetown-Quitman County, Georgia, shall be capable of suing and being sued when authorized by this charter and by the Constitution and laws of the State of Georgia. From and after the effective date of this charter, the political subdivision known as Quitman County, Georgia, and the municipal corporation known as the City of Georgetown, Georgia, shall be unified into the said new political entity herein created. (b) The unification of the governments of the City of Georgetown and Quitman County is authorized pursuant to the provisions of Article IX, Section III, Paragraph II(a) of the Constitution of Georgia of 1983, as amended, and an Act establishing the Georgetown-Quitman County Charter and Unification Commission, approved April7, 2005 (Ga. L. H.B. No. 757, Act 216).

SECTION 1-102. Boundaries.

The unified government shall embrace the total area included within the existing territorial limits of Quitman County as such limits are fixed and established on the effective date ofthis charter. However, such limits may be altered and changed from time to time as provided by the Constitution and laws of the State of Georgia pertaining to counties.

SECTION 1-103. Status of Unified Government as Municipal Corporation and County.

The unified government shall be deemed to be both a municipal corporation and a county throughout the total territory of said government. It is the express intention of this section to declare as a city and as a part of the unified government all of the area of Quitman County except as otherwise provided in this charter.

SECTION 1-104. Powers of the Unified Government.

(a) The Unified Government of Georgetown-Quitman County, Georgia, shall have all powers of self-government authorized by the Constitution and not otherwise prohibited by the laws of Georgia. (b) In addition to the foregoing, the unified government shall have all rights, powers, duties, privileges, and authority that the City of Georgetown or Quitman County, or both, have under the Constitution and general and local laws of the State of Georgia at the time of adoption ofthis charter, except as herein expressly modified. This authority shall include but

GEORGIA LAWS 2007 SESSION

4525

shall not be limited to the authority to adopt home rule ordinances and resolutions as provided in Article IX, Section II of the Constitution of the State of Georgia. (c) In addition to the foregoing, the unified government shall have all rights, powers, duties, privileges, and authority herein conferred or herein enlarged, and such other rights, powers, duties, privileges, and authority as may be necessary and proper for carrying the same into execution, and also all rights, powers, duties, privileges, and authority, whether express or implied, that may be now vested in or hereafter granted to counties or municipal corporations, or both, by the Constitution and laws of the State of Georgia, including the powers vested in the unified government by this charter. (d) The unified government, in addition to the rights, duties, powers, privileges, and authority expressly conferred upon it by this charter, shall have the right, duty, power, privilege, and authority to exercise and enjoy all other powers, duties, functions, rights, privileges, and immunities necessary and proper to promote or protect the safety, health, peace, security, and general welfare of said government and its constituents and to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully enumerated herein and to do and perform all of the acts pertaining to its property, affairs, and local government which are necessary or proper in the legitimate exercise of its corporate powers and governmental duties and functions. (e) No enumeration of any right, power, privilege, or authority hereinafter made shall be construed as limiting or abolishing any right, power, privilege or authority hereinabove set forth. (f) In addition to and supplementary to all other powers which it may possess, and by way ofillustration and not oflimitation, the unified government shall have the powers specifically enumerated in Section 7-114 of this charter.

SECTION 1-105. Taxing Districts.

(a) The unified government may divide the county into two or more taxing districts. Such taxing districts may include one district conterminous with the former boundaries of the City of Georgetown, and within such district such taxes may be levied as may be necessary to retire any bonded indebtedness of the City of Georgetown, which is outstanding on the effective date of the abolishment of the City of Georgetown. Additionally, in the taxing district of the former City of Georgetown, the unified government shall levy such taxes as are necessary to retire any other indebtedness ofthe City ofGeorgetown which is outstanding on the effective date of the abolishment of the City of Georgetown. Such taxing districts may also include one or more service districts. (b) Taxes shall be assessed, levied, and collected in accordance with the kind, character, type, degree, and level of services provided by the government within said service districts,

4526

GEORGETOWN-QUITMAN COUNTY CHARTER

and the rate and manner of taxation may vary in any one district from that in another or other districts. (c) The unified government may also establish special services districts, which shall embrace such territory or territories for which provision is made by the Commission for additional or higher levels of services provided by the unified government. (d) In the establishment or modification of service districts and special services districts, the unified government shall hold one or more public hearings thereon at which all interested persons affected thereby shall have an opportunity to be heard. Notice ofthe time, place, and date ofsuch hearings shall be published in the official legal organ of Quitman County at least once a week during the two weeks immediately preceding the date of hearing.

SECTION 1-106. Construction.

The powers of the unified government shall be construed liberally in favor of the unified government. The specific mention or failure to mention particular powers in this charter shall not be construed as limiting in any way the general powers of the unified government as provided in this article. It is the intention hereof to grant to the unified government full power and right to exercise all governmental authority authorized by the Constitution and laws of Georgia which is necessary for the effective operation and conduct of the unified government within its territory and for the conduct of all of its affairs.

ARTICLE II LEGISLATIVE ARTICLE

CHAPTER I - The Commission

SECTION 2-101. Name and Composition.

There is hereby created the "Commission of Georgetown-Quitman County, Georgia." Membership on the Commission is a part-time position. The Commission shall consist of five members elected at-large for specified posts.

SECTION 2-102. Term of Office; Qualifications; Disqualifications.

(a) The term of office of all members of the Commission, except for the initial terms of the initial members, shall be four years with members serving until their successors are elected and qualified. A Commissioner appointed or elected to fill a vacancy shall serve only for the balance of the unexpired term as provided in Section 2-106 of this charter. All terms of

GEORGIA LAWS 2007 SESSION

4527

office following the initial terms shall commence at the first regular meeting in January next following the election. (b) No person shall be eligible for election or appointment to the Commission unless such person, on or before the date of election or appointment, shall have attained the age of 2 I years, shall be a qualified voter of the unified government, and shall have resided within the county for one year on the date of qualifying for election. A candidate for any of the commission seats must have all local taxes paid in full at the time of qualifying with the exception of any taxes which are in arbitration. A member of the Commission shall continue to reside within the county during such member's term of office. (c) No member ofthe Commission, during that members term ofoffice, shall hold any other federal, state, or local government elected office.

SECTION 2-103. Salary and Expenses of the Commission.

(a) The salary of each Commissioner shall be $3,600.00 per year, payable in equal monthly installments. The Chairman shall receive an additional $600.00 per year, payable in equal monthly installments. (b) In addition to the salary, Commissioners shall be reimbursed for all direct expenses incurred in carrying out the duties and responsibilities of the unified government. (c) The salary of members of the Commission may be changed by ordinance or resolution, in the manner specified for county governing authorities in Code Section 36-5-24 of the O.C.G.A. or any similar future general law of the State of Georgia.

SECTION 2-104. Organization; Oath; Rules; Quorum; Meetings; Records.

(a) The Commission shall meet for organization and swearing-in purposes on the first Monday in January next following its election or as soon thereafter as practicable. At this meeting, the newly elected or reelected Commissioners shall each take the following oath of office, to be administered by the judge of the probate court or any other person duly authorized to administer oaths:
"I do solemnly swear (or affirm) that I will well and truly perform the duties of Commissioner of the Unified Government of Georgetown-Quitman County, Georgia, and that I will support and defend the charter thereof, as well as the Constitution and laws of the State of Georgia and of the United States of America, so help me God." (b) The Commission, by majority vote, shall adopt rules of procedure governing the transaction of its business consistent with the provisions of this charter, shall adopt by ordinance or resolution the time, date, and place for regular meetings, which will be held at least once each month, and shall provide for keeping minutes of its proceedings by the Manager as provided in Section 3- I02 of this charter.

4528

GEORGETOWN-QUITMAN COUNTY CHARTER

(c) At its first organization meeting, the Commission shall select the date when it will hold its regular monthly meetings. (d) Three of the five members of the Commission shall constitute a quorum for the transaction of business; however, a smaller number may adjourn from time to time. (e) Special meetings of the Commission may be called by the chairperson or by any three Commissioners upon no less than 24 hours' written notice to each member served personally or left at the usual place of business or residence of such member. Such notice of a special meeting may be waived in writing either before or after the meeting. Subject to subsection (d) of Code Section 50-14-1 ofthe O.C.G.A., special meetings maybe held at any time without notice to all Commissioners, upon attendance at such meeting by all members of the Commission, or by waiver of notice of those not in attendance. (f) All meetings of the Commission, except for those exceptions provided for in general law, shall be public and any citizen shall have access to the minutes and records thereof at reasonable times. (g) At its first meeting in January of each year, a chairperson and vice-chairperson shall be elected by and from the membership ofthe Commission to serve for terms ofone year. Such an election shall take place at the first regular meeting of the Commission each year and whenever necessary to fill a vacancy in either office.

SECTION 2-105. Powers of the Commission.

(a) All legislative powers of the unified government of Georgetown-Quitman County, Georgia, including any such powers, which may hereafter be conferred by law upon said government, shall be vested exclusively in and exercised by the Commission in accordance with the provisions of this charter. (b) In addition to its legislative powers, the Commission shall specifically have the power to:
( 1) Adopt and from time to time amend the budget; and (2) Approve or reject recommendations concerning the appointments of the Manager, Attorney, and Auditor; and (3) Remove from office the Manager, Attorney, and Auditor by majority vote of the entire Commission. (c) In the exercise of its powers, the Commission shall adopt and provide for the execution of such ordinances, resolutions, rules, and regulations not inconsistent with this charter, as may be necessary or proper for the purpose of carrying into effect the powers conferred by this charter and for the promotion and protection of the safety, health, peace, security, and general welfare of the inhabitants of the Georgetown-Quitman County, Georgia, and may enforce such ordinances, resolutions, rules, and regulations by imposing penalties for violations thereof, as prescribed by ordinance, by a fine not exceeding $1,000.00 or by imprisonment for a period not exceeding 60 days, or both.

GEORGIA LAWS 2007 SESSION

4529

(d) Except as otherwise provided by the Constitution, general or local law, or this charter the Commission may by ordinance or resolution create, change, alter, combine, abolish' consolidate, and redefine the manner of appointment, membership, powers, and duties of bureaus, boards, commissions, departments, divisions, authorities, offices, and agencies of the unified government, including positions of public employment, and may transfer and delete functions and assign additional functions to any bureaus, offices, agencies, departments, divisions, boards, authorities, commissions, and positions ofpublic employment existing under this charter. The Commission may by ordinance or resolution transfer all the assets, liabilities, and obligations thereof to a department, a division, or other unit of a department of the unified government, which shall have the power, and its duty shall be, to perform and exercise all the functions and powers theretofore performed and exercised by such board, commission, authority, division, agency, bureau, office, department, or position of public employment. This subsection, however, does not apply to any authorities or boards, which were created by either a local constitutional amendment or by a local Act of the General Assembly. (e) The Commission shall have the power to conduct or cause to be conducted inquiries and investigations of the operations of any office, department, or agency or the conduct of any officer or employee thereof administering the affairs of the unified government. In conducting inquiries and investigations, the Commission shall have the right to administer oaths; subpoena witnesses, documents, records, or other evidence; take testimony; and require the production ofevidence. The conduct ofproceedings at Commission inquiries and investigations shall be subject to such rules and regulations as the Commission may prescribe by general ordinance or resolution. (f) The Commission shall provide for the form of oaths and the amount and condition of surety bonds as may be required of any officer or employee of the unified government. (g) The Commission shall have and exercise such other powers as conferred upon it by this charter and the laws of Georgia.

SECTION 2-106. Filling of Vacancies.

(a) In the event that the office of a member of the Commission shall become vacant by reason of death, resignation, or any other cause, and the term shall expire in less than 180 days, the vacant position shall be filled by appointment by the remaining members of the Commission. Any individual so appointed must have the same qualifications required for election to the office. (b) If the term of the vacant Commission position will continue for more than 180 days, a special election shall be held as provided in this charter and in general state law to elect a new member of the Commission to serve for the remainder of the term.

4530

GEORGETOWN-QUITMAN COUNTY CHARTER CHAPTER 2 - Legislative Procedure

SECTION 2-201. Legislation by Ordinance.

Every official act of the Commission which, is to have the force and effect of law, shall be by ordinance and shall begin with the words: "The Commission of Georgetown-Quitman County, Georgia, hereby ordains." All other acts of the Commission shall be by resolution or shall take such other form as prescribed by its rules.

SECTION 2-202. Introduction, Consideration, and Passage of Ordinances and Resolutions.

(a) Every proposed ordinance and every amendment shall contain not more than one subject which shall be clearly expressed in its title. (b) Every proposed ordinance and every amendment shall be introduced in writing. (c) Prior to the introduction of any ordinance, copies of it shall be prepared by the Manager and distributed to each member of the Commission and to the Attorney. It shall be the duty of the Attorney to review the draftsmanship and impact of each ordinance. Within seven days after a proposed ordinance has been introduced, the Manager shall cause to be published in a newspaper of general circulation designated as the legal organ of the unified government a brief description of the subject and purpose of the ordinance and notice of the availability of the proposed ordinance for public inspection in the office of the Manager. (d) A summary of every proposed ordinance shall be read upon first introduction and by title at the next regular meeting not less than fourteen days following the meeting of its introduction. In no event however, except for emergency ordinances, may any ordinance be voted on in less than fourteen days after it is introduced. (e) The adoption of any ordinance shall be by the affirmative vote of at least three of the five Commissioners. (f) The passage of all ordinances shall be contingent upon the recording of the "ayes" and "nays" of each Commissioner, and the names of the Commissioners voting for and against each proposed ordinance or amendment, those abstaining, and those absent shall be entered upon the minutes of the proceedings of the Commission. (g) Resolutions may be adopted at any regular or special called meeting provided same shall be by the affirmative vote of at least three of the five commissioners.

SECTION 2-203. Emergency Ordinances.

To meet a public emergency threatening life, health, property, or public safety, the Commission may adopt emergency ordinances; provided, however, that such ordinances may

GEORGIA LAWS 2007 SESSION

4531

not be enacted to levy taxes; to grant, renew, or extend a franchise; to regulate the rate charged for any public utility or service; or to authorize the borrowing of money unless it shall be repaid in 30 days or less. An emergency ordinance shall be in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain a declaration stating what emergency exists. An emergency ordinance may be adopted with or without amendment or it may be rejected at the meeting at which it is introduced, but the affirmative vote of at least four of the five members of the Commission shall be required for adoption. An emergency ordinance shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed on the thirtieth day following the date on which it was adopted; but if the emergency still exists, this shall not prevent reenactment of the ordinance in the manner specified in this section. An emergency ordinance may also be repealed by adoption of a regular repealing ordinance or an emergency repealing ordinance.

SECTION 2-204. Authentication; Recording; Effective Date.

All ordinances which have become law shall immediately be deposited in the official archives of the Manager. The Manager shall note on the face of the ordinance the date and time it has become law and the ordinance shall become effective at noon on the day following it becoming law or at such later time as it may specify. The Manager shall authenticate by his or her signature each ordinance which has become law.

SECTION 2-205. Codes of Technical Regulations.

(a) The Commission may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally. (b) Copies of any adopted code of technical regulations shall be made available by the Manager for public inspection and for purchase at a reasonable price as fixed by the Commission.

SECTION 2-206. Codification of Ordinances.

The Commission shall provide for the preparation of a general codification of all ordinances of a general or permanent nature as provided in Code Section 36-80-19 of the O.C.G .A.

4532

GEORGETOWN-QUITMAN COUNTY CHARTER
SECTION 2-207. Prima-Facie Evidence.

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

CHAPTER 3 - Ethics and Prohibited Practices

SECTION 2-301. Conflict of Interest.

No elected official, appointed officer, or employee of Georgetown-Quitman County, Georgia, or any agency or political entity to which this charter applies shall knowingly:
(I) Engage in any business or transaction in which the person has a financial interest, which is incompatible with the proper discharge of official duties; (2) Disclose confidential information concerning the property, government, or affairs of the governmental body by which such person is engaged or is a member of without proper legal authorization or use that information to advance the financial or other private interest of such person or others; (3) Accept any gift that has a value of $100.00 or more from any person, firm, or corporation which to his or her knowledge is interested, directly or indirectly, in business dealings with the governmental body he or she is a member of or by which such person is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any campaign; (4) Represent private interests other than his or her own in any action or proceeding against Georgetown-Quitman County, Georgia, or any portion of its government; or (5) Vote or otherwise actively participate in the negotiation or the making of any contract between Georgetown-Quitman County, Georgia, and any business or entity in which he or she has a financial interest.

SECTION 2-302. Disclosure.

Any elected official, appointed officer, or employee of the unified government or of any board, commission, authority, or agency thereofwho shall have any private financial interest, direct or indirect, in any contract or matter pending before or within any department of the unified government shall disclose such private interest to the Commission. Any Commissioner who has a private interest in any matter pending before the Commission shall disclose such private interest and such disclosure shall be entered on the records of the Commission, and he or she shall disqualify himself or herself from participating in any

GEORGIA LAWS 2007 SESSION

4533

decision or vote relating thereto. Any elected official, appointed officer, or employee of any board, commission, authority, or agency of the unified government who shall have any private financial interest, direct or indirect, in any contract or matter pending before or within such entity, shall disclose such private interest to the Commission.

SECTION 2-303. Testimony of Public Officials Relating to Public Affairs.

Any officer or employee of the unified government or of any board, commission, authority, or agency thereof who is duly and properly called as a witness before any unified government, state, or federal judicial or administrative tribunal and who shall before such tribunal fail to answer any proper question concerning the performance of his or her official duties shall be guilty of a violation of this charter.

SECTION 2-304. Contracts Voidable and Rescindable.

Any contract by the unified government or any board, commission, authority, agency, or entity thereof made in violation of the provisions of this charter shall be voidable or rescindable at the option of the Commission at any time if any elected official, appointed officer, or employee of such unified government or board, commission, authority, agency, or entity thereof has any interest in such contract and does not disclose such interest in accordance with Section 2-302 of this charter.

SECTION 2-305. Hearings and Determinations.

Upon the sworn complaint of any person alleging facts which if true would constitute a violation of this charter by any officer or employee of the unified government or of any board, commission, authority or agency thereof, the Commission may conduct a public hearing at which the accused shall be given an opportunity to be heard, either personally or through counsel. At the conclusion of such hearing, the Commission, with the exception of any commissioner who stands accused shall, in written findings offact and conclusions based thereon, make a determination by a majority of the Commission concerning the propriety of the conduct of the official or employee in question.

SECTION 2-306. Removal of the Chairman or Commissioner; Procedure for Removal.

(a) The chairman or any commissioner shall be subject to removal from any office for any one (I) or more of the following causes:

4534

GEORGETOWN-QUITMAN COUNTY CHARTER

(I) Incompetence, misfeasance or malfeasance in office; (2) Conviction of a crime involving moral turpitude or a crime punishable as a felony; (3) Failure at any time to possess any of the qualifications of office as provided by this Charter or by law; (4) Violation of Ethics and Prohibited Practices as set forth in Article II, Chapter 3 ofthis Charter; (5) Abandonment of office or neglect to perform the duties thereof; or (6) Failure for any other cause to perform the duties of office as required by this Charter or by law. (b) Removal of an elected officer provided for in this Section from office may be accomplished by one (I) of the following methods: (I) By affirmative vote of four (4) members of the Commission. In the event an elected officer is sought to be removed by the action of the Commission, such officer shall be first entitled to a written notice specifying the grounds for removal and to a public hearing which shall be held not less than 30 days after the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the Commission to the superior court for a jury trial de novo. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By information filed in the superior court as authorized by Code Section 9-6-64 of the O.C.G.A., as amended.

ARTICLE III ADMINISTRATION

CHAPTER I - Officers

SECTION 3-101. Manager; Appointment; Qualifications; Compensation.

The Manager shall be appointed as the full-time administrative officer of the unified government. No person holding an elective office in Georgetown-Quitman County shall be eligible for appointment until one year after leaving elective office. Such appointment shall be by a majority vote of the total membership of the Commission. The Manager shall be prohibited from engaging in any political activity, and the Manager shall not be eligible to qualify as a candidate for an elective office in Georgetown-Quitman County for one year after leaving office. The Manager shall be appointed for a term of three years; may succeed himself or herself; and at any time may be removed from office for cause after written notice and hearing by a majority vote of the entire Commission. The Manager need not be a resident of Georgetown-Quitman County at the time of his or her appointment but shall establish residence therein within six months of such appointment and continue to reside

GEORGIA LAWS 2007 SESSION

4535

therein throughout such appointment. The manager must have municipal management experience of two years and /or a degree in municipal management or business administration from an accredited college. Additional qualifications and compensation of the Manager shall be fixed by ordinance or resolution.

SECTION 3-102. Manager; Powers and Duties.

(a) The Manager shall be responsible for: (I) The management and coordination of the operations and activities of the various departments and agencies of the unified government; (2) The appointment and removal of all directors of departments who are subject to his or her control and direction as provided for by this Charter but only after having first obtained the advice and consent of the commission; (3) The preparation of the proposed annual budget; (4) Keeping the Commission at all times fully advised as to the financial condition and needs of the unified government; including a monthly financial report to the commission; (5) Conducting studies and investigations and making reports thereon to the Commission concerning the operations of the departments, offices, and agencies of the unified government; (6) Requiring any department, board, commission, or agency under the Manager's jurisdiction to submit written reports and to provide other information as deemed necessary; (7) Prescribing, requiring, publishing, and implementing standards of administration, management, and operating practices and procedures to be followed and adhered to by all offices, departments, boards, commissions, authorities, and other agencies of the unified government which are subject to the Manager's supervision and jurisdiction; (8) Acting as the purchasing agent of Georgetown-Quitman County; and (9) Maintaining all required records of the operations and activities of Georgetown-Quitman County, including the minutes of all meetings of the Commission of Georgetown-Quitman County. (10) Perform such other duties as may be required by law, this Charter, Ordinance or resolution of the Commission. (II) Directing and supervising the administration of the construction, maintenance, and operation of public streets, sidewalks, roads, bridges drains and buildings and other public works.
(b) Except for the purpose of inquiry, investigation, or safety violations the Commission shall deal with employees of the unified government who are subject to appointment and removal by the Manager solely through the Manager and shall not give orders or directions to any such employee, either publicly or privately, directly or indirectly.

4536

GEORGETOWN-QUITMAN COUNTY CHARTER
SECTION 3-103. Attorney; Appointment; Term; Qualifications;
Duties; Compensation.

(a) The Attorney shall be appointed for one year at the first meeting in January by a majority vote of the entire Commission and at any time may be removed for cause after written notice and hearing by a majority vote of the entire Commission. (b) The Attorney shall be an active member of the State Bar of Georgia in good standing and shall satisfy any other qualifications established by ordinance and shall have had at least five (5) years experience in active practice of the law. (c) The Attorney shall be the legal counsel to the unified government and shall perform such other duties as may be required by this charter or by ordinance. (d) The compensation of the Attorney shall be as prescribed by a duly adopted ordinance or resolution.

SECTION 3-104. Sheriff.

The Sheriff of Quitman County in office on the effective date of this charter shall be the Sheriff of Georgetown-Quitman County, Georgia. The Sheriff shall serve for the same term as provided by law, and the compensation shall be fixed as provided by law. Subsequent elections for Sheriff shall be on the same basis as provided by law for the election of sheriffs generally. The Sheriff shall be responsible for the operation of the jail, the transport of prisoners, the service of process, and such other duties being provided on the effective date of this charter. The Sheriff shall have such other or different powers and duties as provided by the Constitution and laws of Georgia.

SECTION 3-105. Judge of the Probate Court.

The Judge of the Probate Court of Quitman County in office on the effective date of this charter shall be the Judge of the Probate Court of Georgetown-Quitman County, Georgia. The Judge of Probate Court shall serve for the same term as provided by law, and the compensation shall be fixed as provided by law. Subsequent elections for the Judge of the Probate Court shall be on the same basis as provided by law for the election of probate judges generally. The Judge of the Probate Court shall perform the same duties and exercise the same powers as conferred on probate judges generally by the Constitution and laws of Georgia.

GEORGIA LAWS 2007 SESSION
SECTION 3-106. Clerk of Superior Court.

4537.

The Clerk of Superior Court of Quitman County in office on the effective date of this charter shall be the Clerk of Superior Court of Georgetown-Quitman County. Georgia. The Clerk of Superior Court shall serve for the same term as provided by law, and the compensation shall be fixed as provided by law. Subsequent elections for the Clerk of Superior Court shall be on the same basis as provided by law for the election of clerks of superior court generally. The Clerk of Superior Court shall perform the same duties and exercise the same powers as conferred on clerks of superior court generally by the Constitution and laws of Georgia.

SECTION 3-107. Tax Commissioner.

The Tax Commissioner of Quitman County in office on the effective date of this charter shall be the Tax Commissioner of Georgetown-Quitman County, Georgia. The Tax Commissioner shall serve for the same term as provided by law, and the compensation shall be fixed as provided by law. Subsequent elections for Tax Commissioner shall be on the same basis as provided by law for the election of tax commissioners generally. The Tax Commissioner shall perform the same duties and exercise the same powers as conferred on tax commissioners generally by the Constitution and laws of Georgia.

SECTION 3-108. Coroner.

The Coroner of Quitman County in office on the effective date of this charter shall be the Coroner of Georgetown-Quitman County, Georgia. The Coroner shall serve for the same term as provided by law, and compensation shall be fixed as provided by law. Subsequent elections for Coroner shall be on the same basis as provided by law for the election of coroners generally. The Coroner shall perform the same duties and exercise the same powers as conferred on coroners generally by the Constitution and laws of Georgia.

CHAPTER 2 -Administrative and Service Departments

SECTION 3-201. Creation and Functions; Generally.

Except as otherwise provided by this charter or by law, the administrative and service departments of the unified government shall be created and established by ordinance or resolution and shall perform such functions, duties, services, and responsibilities as enumerated therein and as prescribed by administrative regulations.

4538

GEORGETOWN-QUITMAN COUNTY CHARTER
SECTION 3-202. Administrative Reorganization.

The Commission may, by ordinance or resolution, reorganize, combine, consolidate, or discontinue any department or agency of the unified government subject to the jurisdiction of the Commission and may, by ordinance or resolution, prescribe the functions and duties thereof and may establish, abolish, or alter all non-elective offices and positions of employment as necessary for the proper administration of the unified government.

SECTION 3-203. Appointment of Directors of Departments.

All directors of departments under the supervision and direction of the Manager shall be appointed by the Manager subject to the advice and consent of the Commission. The directors of all such departments shall serve at the pleasure of the Manager subject to the advice and consent of the Commission.

SECTION 3-204. Departments under State Law.

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

CHAPTER 3 - Merit System of Personnel Administration

SECTION 3-301. Establishment of Merit System.

(a) The Commission may establish, by ordinance, a Merit System of Personnel Administration for Georgetown-Quitman County, Georgia. In such case, all positions in the service of Georgetown-Quitman County, Georgia, shall be in the Classified (Merit System) Service except the following which are declared to be in the Unclassified Service:
(1) Officers elected by the people and persons appointed to fill vacancies in elective offices; (2) Members of boards and commissions; (3) Directors of departments; (4) Persons temporarily employed in a professional or scientific capacity or to conduct a special inquiry, investigation, examination, or installation; (5) Temporary and part-time employees; and

GEORGIA LAWS 2007 SESSION

4539

(6) Such other employees as may be excluded from coverage under the merit system as provided by ordinance or resolution or other applicable law. (7) The manager and attorney. (b) The Merit System of Personnel Administration, if so established, shall provide for classification of positions, the manner and method of publicizing vacancies, employing and appointing personnel, the qualifications of employees, employee performance evaluations, salaries, hours of employment, vacations, sick leave, special workers' compensation, job security, promotion, demotion, disciplinary procedures, transfer, layoff, removal, welfare of employees, retirement policy, payment of premiums of employee insurance benefits, grievance procedures, service awards, training leave, and any other measures that promote the hiring and retaining of capable, diligent, and honest career employees, all of which shall be in accordance with the concept of affirmative action as provided by federal law.

CHAPTER 4 -Boards, Commissions, and Authorities

SECTION 3-401. Certain Boards, Commissions, and Authorities Continued.

All existing boards, commissions, and authorities are continued without interruption on the effective date of this charter.

ARTICLE IV JUDICIARY

SECTION 4-101. Superior Court and District Attorney; Unaffected by Charter; Redesignation.

The Superior Court of Quitman County, including the office of the District Attorney, shall continue its operations without interruption resulting from the adoption of this charter, and nothing herein shall be construed as affecting the status of said court. The court shall be known as the Superior Court of Georgetown-Quitman County, Georgia.

SECTION 4-102. Juvenile Court; Unaffected by Charter; Redesignation.

The Juvenile Court of Quitman County shall continue its operations without interruption resulting from the adoption of this charter and nothing herein shall be construed as affecting the status of said court. The court shall be known as the Juvenile Court of Georgetown-Quitman County, Georgia.

4540

GEORGETOWN-QUITMAN COUNTY CHARTER
SECTION 4-103. Probate Court; Unaffected by Charter; Redesignation.

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

SECTION 4-104. Magistrate Court; Unaffected by Charter; Redesignation.

The Magistrate Court of Quitman County shall continue its operations without interruption resulting from the adoption ofthis charter, and nothing herein shall be construed as affecting the status of said court. The court shall be known as the Magistrate Court of Georgetown-Quitman County, Georgia.

SECTION 4-105. Municipal Court of the City of Georgetown; Continuation of Operations in the Magistrate Court and Probate Court of the Unified Government.

On the effective date of this charter, the Municipal Court ofthe City of Georgetown shall be abolished, and all jurisdiction and pending matters ofthe municipal court shall be transferred to the Magistrate Court or Probate Court of Georgetown-Quitman County, Georgia.

ARTICLE V ELECTIONS

CHAPTER 1 - Conduct of Elections

SECTION 5-101. Applicability of General Laws.

Except as otherwise provided by this charter, primaries and regular and special elections shall be conducted in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." As used in said Code, the terms "election" or "general election" shall be construed to include the term "regular election" as provided in this charter; the term "governing authority" shall include the Commission of Georgetown-Quitman County, Georgia; the terms "municipal," "municipality," or "county" shall include Georgetown-Quitman County, Georgia; and the term "public office" shall include elective offices of Georgetown-Quitman County, Georgia. Pursuant to the authority granted in Article 9 Section 3 paragraph 2(a) of the Georgia Constitution and the authority granted in

GEORGIA LAWS 2007 SESSION

4541

House Bill No. 757 Act No. 216 (b) approved by the Governor on May 6, 2005 elections for members of the Commission of the unified government shall be conducted in nonpartisan primaries and elections.

SECTION 5-102. Regular Election; Time for Holding; Voting.

Except for the initial elections which may or may not be held on the date of regular state elections, regular elections for the elective public offices of Georgetown-Quitman County, Georgia, shall be held on the same Tuesday in November when regular state elections are held.

SECTION 5-103. Special Elections.

All special elections shall be held and conducted in accordance with applicable provisions of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," that govern the conduct of county elections.

ARTICLE VI REVENUE AND FINANCE

CHAPTER I - Taxation and Other Revenues

SECTION 6-101. Levy and Collection of Taxes, Fees, Charges,
and Assessments; Appropriations.

(a) For the purpose of raising revenue for the support and maintenance of the government of Georgetown-Quitman County, Georgia, the Commission shall have full power and authority to levy and collect taxes to the extent hereinafter provided and to appropriate funds and expend money:
(I) For the purposes authorized by this charter; (2) For the discharge of the powers, duties, obligations, liabilities, and functions specified in this charter; (3) For any and all purposes and any and all subjects of taxation for which the City of Georgetown or Quitman County may have been authorized and in accordance with those authorizations to levy and collect taxes and to appropriate and expend funds under the Constitution or any general or special law of Georgia applicable to the City of Georgetown or Quitman County on the effective date of this charter; and

4542

GEORGETOWN-QUITMAN COUNTY CHARTER

(4) For any purpose authorized by the Constitution or any general or special law of Georgia applicable to municipal corporations and counties generally now in force or hereafter enacted. (b) The Commission shall have full power and authority to levy and collect the following taxes, charges, and assessments: (I) Ad valorem taxes on all real and personal property situated within Georgetown-Quitman County, Georgia, which is subject to taxation for state, county, and municipal purposes, or for any other public purpose, to the full extent permitted by the Constitution and laws of Georgia; (2) Occupation and business license taxes that are not prohibited by the Constitution and general laws of Georgia; (3) An excise tax on rooms, lodgings, or accommodations as now or hereafter provided by law for counties and municipalities; (4) License fees and taxes on insurance companies as authorized by Code Sections 33-8-8 through 33-8-8.6 of the O.C.G.A.; (5) A public utility franchise tax, fee, or both, on each electric light and power company, gas company, telephone and telegraph company, and other public utility making use of the roads, streets, alleys, or other public ways of the unified government for the purpose of rendering services therein; (6) Franchise fees on cable television systems as now or hereafter provided by law for counties; (7) Fees, assessments, and charges for the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, storm sewers, drainage structures, or other utility mains and appurtenances from the abutting property owners under any terms and conditions as provided by ordinance; (8) Fees, assessments, charges, and tolls for sanitary and health services or any other services rendered within and outside the limits ofthe unified government under such terms and conditions as provided by ordinance; (9) All other such taxes, charges, or assessments as the City of Georgetown or Quitman County were authorized and empowered to make and collect upon the effective date of this charter, which powers may be exercised throughout the area of the unified government, or appropriate portions thereof, including any tax now or hereafter authorized by state law and the specific mention of any right, power, or authority in this charter shall not be construed as limiting in any way the general powers of the Commission to govern its local affairs. When authorized by this charter or a statute or the Constitution of the State of Georgia, the Commission shall have full power and authority to assess, levy, charge, and collect taxes, rentals, interest, fees, penalties, fines, and costs; to receive income on investments; to accept funds, services, or property from other political subdivisions and public agencies, either local, state, or national, and from private persons, firms, or corporations; and to contract with them for any public purpose;

GEORGIA LAWS 2007 SESSION

4543

(1 0) An excise tax upon the sale of distilled spirits or alcoholic beverages for beverage purposes by the drink as now or hereafter provided by law for counties and municipalities; (11) An excise tax upon the sale, transfer, or dispensing of malt beverages and alcoholic beverages within Georgetown-Quitman County, Georgia, by wholesale or retail dealers as now or hereafter provided by law for counties and municipalities. In addition the
Commission shall have the authority to impose, assess, levy, and collect an excise tax ~pon
the sale, transfer, or dispensing of wine by wholesale or retail dealers within Georgetown-Quitman County, Georgia, as now or hereafter provided by law for counties and municipalities; and (b) Such other taxes and charges as provided by law.

SECTION 6-102. Collection of Delinquent Taxes and Fees.

The collection of delinquent taxes and fees shall be as provided in state law for the collection of delinquent property taxes by counties.

CHAPTER 2 - Borrowing and Indebtedness

SECTION 6-201. Issuance of General Obligation Bonds.

(a) The Commission shall be authorized to issue and sell general obligation bonds, after approval of the qualified voters, under the provisions of the Constitution and general laws of Georgia for any public purpose for the benefit of the unified government or any tax area or service district thereof; provided, however, that for the purpose of issuing and selling such general obligation bonds, the unified government shall be deemed a county and the provisions of the Constitution and laws of Georgia governing the limitations, terms, and procedures for the issuance and sale of bonds by counties shall apply to the unified government unless otherwise provided by this charter. (b) All general obligation bonds shall be issued in the name of Georgetown-Quitman County, Georgia, and shall be an obligation thereof, and the full faith and credit of the unified government shall be pledged for all general obligation bonds issued thereunder which are payable from ad valorem taxes, and for such purpose, the Commission shall have the authority to levy and collect ad valorem taxes without limit as to rate or amount on all taxable property within the territorial limits of the unified government.

4544

GEORGETOWN-QUITMAN COUNTY CHARTER

SECTION 6-202. Debt Limitation; General Obligation Bonds.

The total general obligation bond indebtedness of the unified government payable from ad valorem taxes (including all outstanding general obligation bonds of the former City of Georgetown and Quitman County on the effective date of this charter) shall not exceed 10 percent of the assessed value of all taxable property within the territorial limits of the unified government.

SECTION 6-203. Revenue Bonds.

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

SECTION 6-204. Use of Bond Proceeds.

All revenue derived by the unified government from the issuance and sale of bonds shall be used exclusively for the purposes for which such bonds were issued, and all ad valorem taxes collected for the purpose of servicing or retiring such bonds shall be used exclusively for the payment of principal and interest thereof.

CHAPTER 3 - Financial Administration

SECTION 6-301. Fiscal Year.

The fiscal year of Georgetown-Quitman County, Georgia, shall begin on the first day of January of each year and shall end on the thirty first day of December next following. The fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, institution, agency, and activity of the unified government, unless otherwise provided by state or federal law.

SECTION 6-302. Preparation of Budgets.

The preparation of an annual budget and a capital improvements budget shall be as prescribed by ordinance and provisions of this charter.

GEORGIA LAWS 2007 SESSION
SECTION 6-303. Scope of Budgets.

4545

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

SECTION 6-304. Submission of Budgets to the Commission.

On or before a date fixed by the Commission but not later than 60 days prior to the beginning of each fiscal year, the Manager of the unified government shall submit to the Commission a proposed operating budget and a proposed capital improvements budget for the ensuing fiscal year. The operating budget and the capital improvements budget, the budget message, and all supporting schedules shall be filed in the Manager's office and shall be open to public inspection.

SECTION 6-305. Adoption of Budgets.

(a) The Commission may approve, reject, or modify the proposed budget. The budget as finally adopted must provide for all expenditures required by law or by other provisions of

4546

GEORGETOWN-QUITMAN COUNTY CHARTER

this charter and for all debt service requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues constituting the resources available of such fund. (b) The Commission shall adopt the final annual operating budget for the ensuing fiscal year not later than the thirtieth day of June of each year and such budget shall be effective for the fiscal year beginning on the first day of January. In the event the Commission fails to adopt the budget by this date, the amounts appropriated for current operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year, with appropriate items prorated accordingly until such time as the Commission shall adopt a budget for the ensuing fiscal year. Adoption of the annual operating budget shall take the form of an appropriation ordinance or resolution setting out estimated revenues in detail by source and making appropriations accordingly to fund organizational units, purposes, or activities as set forth in the budget document. (c) The amount set out in the adopted operating budget for each organizational unit, purpose, or activity shall constitute the annual appropriation for such item, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriation, or allotment thereof, to which it is chargeable. (d) The Commission shall adopt by ordinance or resolution the capital improvements program and capital budget for the ensuing fiscal year not later than the thirtieth day of June of each year. The capital budget ordinance or resolution shall show in detail the capital expenditures intended to be made or incurred in the ensuing fiscal year that are to be financed from funds subject to control or appropriation by the Commission and shall be in full conformity with that part of the capital program applicable to the year which it covers. Amounts specified as intended to be spent out of new appropriations shall, upon enactment of the capital budget ordinance or resolution, constitute appropriations of such amounts.

SECTION 6-306. Property Tax Levies.

Following the adoption of the operating and capital improvements budgets for each fiscal year the Commission shall levy by ordinance or resolution a general tax on all real and personal property within the county and one or more taxes on all real and personal property in each service district and special services district. The tax rates set by such ordinance or resolution shall be such that a reasonable estimate of cash revenues from such levy shall be at least sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated in such budgets.

GEORGIA LAWS 2007 SESSION
SECTION 6-307. Limitation of Funds.

4547

Upon certification by the Manager that the revenues or other resources actually realized with respect to any fund will be Jess than was anticipated and will be insufficient to meet the amounts appropriated from such fund, it shall be the duty of the Manager upon the instruction of the Commission to limit such appropriations as may be necessary to prevent deficit operation.

SECTION 6-308. Transfer of Funds.

Upon recommendation of the Manager, the Commission may make interfund or interdepartmental transfers in the current operating budget or capital improvements budget at any regular or special meeting called for such purpose, provided funds are also available.

SECTION 6-309. Lapse of Appropriations.

All unencumbered balances of appropriations in the current operating budget at the end of the fiscal year shall lapse into the unappropriated surplus or reserves of the fund or funds from which such appropriations were made.

SECTION 6-310. Annual Audit.

(a) The Commission shall provide annually for an independent audit of the accounts and other evidences offinancial transactions ofthe government ofGeorgetown-Quitman County, Georgia, and of every office, department, board, commission, authority, or other agency. The audit shall be made by a certified public accountant who shall have no personal interest, direct or indirect, in the fiscal affairs of Georgetown-Quitman County, Georgia, or of any of its departments, offices, boards, commissions, authorities, or agencies. The Commission shall by competitive bids, taking into consideration the lowest or best bid, designate such accountant or firm annually or for a period not exceeding three years. (b) The audit may be conducted on a quarterly or continuing basis and the final report of the annual audit shall be completed as soon as practicable after the close of the fiscal year and in no event later than six months after the close of the fiscal year. The audit report shall be filed with the Manager and made available to the public. (c) The Commission may at any time order an examination or special audit of any office, department, board, commission, or other agency of Georgetown-Quitman County, Georgia.

4548

GEORGETOWN-QUITMAN COUNTY CHARTER CHAPTER 4 - Procurement and Disposition of Property

SECTION 6-401. Contracting.

(a.) The Commission shall prescribe by ordinance or resolutions rules and regulations, which must be followed in the making of contracts in order to bind the government of Georgetown-Quitman County, Georgia. Except where otherwise provided by law or by ordinance or resolution, all contracts of the government of Georgetown-Quitman County, Georgia, shall be signed by the Chairperson and authenticated by the Manager. (b) All contracts and all ordinances or resolutions which make or authorize contracts shall be reviewed for form and legal sufficiency by the unified government attorney. (c) All contracts entered into by the Commission with other persons on behalf of the unified government shall be in writing and entered on its minutes.

SECTION 6-402. Sale and Disposition of Property.

(a) The Commission is authorized to sell any real or personal property owned or held by Georgetown-Quitman County, Georgia, and not needed for governmental or other public purposes in such manner as is required in state law for counties, as provided for in Code Sections 36-9-2 and 36-9-3 of the O.C.G.A. (b) The Commission is empowered to authorize the following transactions:
(I) A transfer of any real or personal property owned by Georgetown-Quitman County, Georgia, to another governmental entity upon finding that such transfer is in the public interest; (2) A sale of any such property to another governmental entity; and (3) An exchange of such property for property that is owned privately or by some other governmental entity. In each instance, whether the property is transferred, sold, or exchanged, the requirements of a public sale shall not be required; but a statement thereof shall be published in the newspaper designated as the legal organ of the unified government once a week for the two weeks preceding the day in which such transaction is to be concluded. Such statement shall contain a description of the property or properties involved and the prices and estimated values as to each item of property. (c) Georgetown-Quitman County, Georgia, may quitclaim any rights it may have in property not needed for public purposes upon a report by the Manager of the unified government and the adoption by the Commission of a resolution, both finding that the property is not needed for public purposes and that the interest of the government of Georgetown-Quitman County, Georgia, therein has no readily ascertainable monetary value.

GEORGIA LAWS 2007 SESSION

4549

(d) Whenever in opening, extending, or widening any street, avenue, alley, or public place of Georgetown-Quitman County, Georgia, a small parcel or tract of land is cut off or separated by such work from a larger tract of land owned by Georgetown-Quitman County, Georgia, the Commission may authorize the execution and deliverance in the name of the government of Georgetown-Quitman County, Georgia, of a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way in said street, avenue, alley, or public place, or in settlement of any alleged damages sustained by said abutting or adjoining property owner. All deeds and conveyances so executed and delivered shall convey all title and interest the government of Georgetown-Quitman County, Georgia, has in such property.

ARTICLE VII GENERAL PROVISIONS

SECTION 7-101. Application of Laws; Laws in Force.

(a) The general laws of the State of Georgia of a criminal nature shall be applicable to and within the limits of the unified government. (b) In construing the applicability of provisions of the Constitution and the general laws of Georgia which apply in general terms to either counties or municipalities, or both, and local Acts of the General Assembly that apply specifically to Quitman County or the City of Georgetown, or both, the following terms as used in such laws shall be construed to include the unified government as follows:
(1) "County" shall be construed to include Georgetown-Quitman County, Georgia; (2) "City," "town," "municipal corporation," or "municipality" shall be construed to include Georgetown-Quitman County, Georgia; (3) "Commissioners ofRoads and Revenues" and "Board ofCounty Commissioners" shall be construed to include the Commission of Georgetown-Quitman County, Georgia; (4) "Council," "Mayor and Council," "Aldermen," and "Board of Aldermen" shall be construed to include the Commission of Georgetown-Quitman County, Georgia; (5) "Chairman of the Commissioners of Roads and Revenues" and "Chairman ofthe Board of County Commissioners" shall be construed to include the Chairperson of the Commission of Georgetown-Quitman County, Georgia; (6) "Mayor" shall be construed to include the Chairperson of the Commission of Georgetown-Quitman County, Georgia; and (7) Any other terms and provisions as used in such Acts to refer specifically to Quitman County or the City of Georgetown, or both, and the officers, employees, departments, and agencies thereof shall be construed to mean Georgetown-Quitman County, Georgia, and its officers, employees, departments, and agencies.

4550

GEORGETOWN-QUITMAN COUNTY CHARTER

(c) In construing the applicability oflaws in force to the unified government, the following order shall prevail:
(1) The Constitution of the State of Georgia; (2) The general laws of uniform application now in force or hereafter enacted by the General Assembly (as distinguished from general laws of local application through classification by population) applicable to municipal corporations or counties, or both; (3) This charter and all ordinances and resolutions passed pursuant thereto; (4) Special laws applicable to Quitman County, not in conflict with this charter; (5) Special laws applicable to the City of Georgetown, not in conflict with this charter; and (6) Existing ordinances and resolutions of the former City of Georgetown and existing ordinances and resolutions of the former County of Quitman not in conflict with this charter.

SECTION 7-102. Limitation on Claims and Service.

(a) All contractual claims against the unified government shall be presented within 12 months after they accrue or become payable or the same as claimed, unless held by minors or other persons laboring under disabilities, who are allowed 12 months after the removal of such disability. (b) Service on the unified government of any suit, process, or order of court shall be served upon the Manager.

SECTION 7-103. Tort and Nuisance Liability.

The tort and nuisance liability ofthe unified government shall follow the law and rules oftort liability applicable to counties in Georgia.

SECTION 7-104. Conflict of Laws.

For purposes of all applicable laws, the unified government shall constitute a municipality and a county, or both. Except as otherwise provided by this charter, if a law applicable to municipalities and the same or another law applicable to counties are in conflict, the law applicable to municipalities shall prevail.

GEORGIA LAWS 2007 SESSION
SECTION 7-105. Competitive Bidding.

4551

The unified government must utilize competitive bidding procedures as required and in compliance with the General Law of the State of Georgia.

SECTION 7-106. Execution of Assessments.

Whenever any tax or special assessment is authorized or empowered to be levied or imposed by this charter which is required to be collected by the unified government and such is not paid within the time period specified by the Commission and no specific provision is elsewhere provided in this charter for its collection, then the Manager shall issue execution in the name of the unified government against such person, firm, or entity liable therefore or property subject thereto for such sums as may be due with interest at the legal rate from due date and penalties and costs. The unified government shall have the right to enforce payment of such execution by levy and sale as in the case of county taxes, and the purchaser at such sale shall acquire the same title and rights as a purchaser at a sale for county taxes. Executions issued by the Manager of Georgetown-Quitman County, Georgia, and the levy and sale thereunder shall be governed by general law.

SECTION 7-107. Authority to Deal with Federal and State Agencies.

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

4552

GEORGETOWN-QUITMAN COUNTY CHARTER
SECTION 7-108. Federal and State Aid.

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

SECTION 7-109. Budgets of County Officers and Agencies.

All elected officers and all agencies not under the direct control and jurisdiction of the Manager such as the Board of Health and the Board of Family and Children Services, which receive appropriations from the Commission, shall, on the same date as is applicable to budgets submitted by department heads, submit to the Manager annual operating and capital budget requests for the ensuing fiscal year. Such budget requests, after any revisions therein by the Manager, shall be incorporated into the overall unified government budget for submission by the Manager to the Commission, which shall grant a hearing to any such officer or agency on such proposed budgets.

SECTION 7-110. Existing Pension Rights Protected.

(a) Persons who, at the time this charter takes effect, are employed by any office, department, board, commission, or agency of the former City of Georgetown shall retain all pension rights, which have accrued to them under any existing pension system. The unified government shall continue in force and effect any existing pension system for city employees covered thereby who are employed by the unified government, and the services of such employees shall not be deemed to have been interrupted by the adoption of this charter. (b) Persons who, at the time this charter takes effect, are employed by any office, department, board, commission, or agency of the former County of Quitman shall retain all rights, which have accrued to them under any existing pension system. The unified

GEORGIA LAWS 2007 SESSION

4553

government shall continue in force and effect any existing pension system for county employees covered thereby who are employed by the unified government, and the services of such employees shall not be deemed to have been interrupted by the adoption of this charter.

SECTION 7-111. Establishment of New Pension Systems;
Merging of Existing Systems.

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

SECTION 7-112. Amending Charter.

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

SECTION 7-113. Fidelity Bonds.

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

SECTION 7-114. Examples of Powers.

The powers of Georgetown-Quitman County, Georgia, shall include, but shall not be limited to, the following powers:

4554

GEORGETOWN-QUITMAN COUNTY CHARTER

(!) Ad valorem taxation: to levy, assess, and collect ad valorem taxes on all taxable property; (2) Other taxes: to levy, assess, and collect other taxes allowed by general law and in accordance therewith; (3) Business regulation and taxation: to levy, assess, and collect occupational and business taxes and to license and regulate occupations and businesses; (4) Appropriations: to make appropriations and expend funds for support of the unified government and any other lawful purpose; (5) Debts: to borrow money and issue bonds as authorized by general law; (6) Property: to own property and interests in property; (7) Gifts: to accept gifts and grants for any purpose related to the powers and duties of the unified government on such terms as the donor may impose; (8) Condemnation: to condemn property inside Georgetown-Quitman County for present or future use; (9) Public utilities: to acquire, lease, operate, and dispose of public utilities; (I 0) Franchises: to grant franchises or make contracts for public utilities and to prescribe the conditions of such franchises and contracts; (11) Roadways: to open, maintain, improve, and close streets and roads and to grant franchises and rights of way thereon; (12) Public facilities: to acquire, operate, and dispose of public buildings, public projects, parks, cemeteries, recreational facilities, and other public improvements inside Georgetown-Quitman County; (13) Building regulation: to regulate the building trades and the construction of buildings and to adopt and enforce building, housing, plumbing, electrical, gas, heating, and air-conditioning codes; (14) Planning and zoning: to adopt land use plans and exercise the power of zoning, subdivision regulation, and the like; ( 15) Police power: to exercise the police power for the public safety and well-being of the citizens of Georgetown-Quitman County; (16) Roadside regulation: to prohibit or regulate signs, billboards, and other items upon or adjacent to streets and roads; (17) Health: to prescribe and enforce health and sanitation standards; (18) Pollution: to regulate emissions which pollute the air and water; (19) Fire safety: to fix fire limits and to prescribe and enforce fire safety regulations; (20) Public hazards: to provide for the destruction or removal of public hazards; (21) Waste disposal: to provide for and regulate the collection, disposal, and recycling of garbage and wastes; (22) Water and sewer fees: to fix and collect water and sewer fees; (23) Garbage fees: to fix and collect garbage fees; (24) Nuisances: to define and provide for the abatement of nuisances; (25) Property protection: to preserve and protect the property of the unified government;

GEORGIA LAWS 2007 SESSION

4555

(26) Prisoners: to provide for public work by prisoners and for their confinement; (27) Animal control: to regulate or prohibit the keeping of animals; (28) Motor vehicles: to regulate the operation and parking of motor vehicles; (29) Taxicabs: to regulate vehicles operated for hire in Georgetown-Quitman County; (30) Pensions: to provide and maintain a system of pensions and retirement for employees and officers of the unified government; (31) Special assessments: to levy, assess, and collect special assessments to cover the cost of public improvements; (32) Contracts: to enter into lawful contracts and agreements; (33) Agencies: to create, alter, or abolish departments, boards, offices, commissions, authorities, and agencies of the unified government and to confer appropriate authority upon them; (34) Penalties: to provide penalties for violations ofordinances of the unified government; (35) Police and fire protection: to exercise the power of arrest through appointed policemen and to operate a fire department; (36) Emergencies: to provide for the determination, proclamation, and combating of emergencies; (37) Urban redevelopment: to organize and operate an urban redevelopment program; (38) Public transportation: to organize and operate public transportation systems; and (39) General health, safety, and welfare: to define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of Georgetown-Quitman County.

SECTION 7-115. Section Captions.

The captions to the several sections of this charter are informative only and are not to be construed as a part thereof.

SECTION 7-116. Effect of Repeals.

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

SECTION 7-117. Severability Clause.

If any provision of this charter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this charter

4556

GEORGETOWN-QUITMAN COUNTY CHARTER

which can be given effect without the invalid provision or application, and to this end the provisions of this charter are declared to be severable.

SECTION 7-118. Repeal of Conflicting Laws.

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

ARTICLE VIII TRANSITION PROVISIONS

SECTION 8-101. Special Election of First Officials.

(a) A special election shall be held on a date fixed by the county election superintendent but not later than 120 days following the date of approval of this charter as provided in Section 8-110 of this charter, for the purpose of electing the first members of the Commission ofthe unified government. The Superintendent ofelections shall publish notice of the call for such election in the newspaper in which the Quitman County Sheriff's advertisements appear at least 30 days prior to the date of such election. Candidates may qualify until 15 days before the date of the election; (b) In all other respects, the election shall be held in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," applicable to county elections. Within 30 days following the approval of this charter as provided in Section 8-110 ofthis charter, the election superintendent ofQuitman County shall prepare a list ofqualified voters for the five county wide posts. The officials elected at such election shall commence the term of their office on the effective date of this charter. (c) The qualifications for office for such initial election shall be as prescribed by applicable provisions of this charter. (d) Any elected official of Quitman County or of any municipality lying wholly or partially therein who is otherwise qualified under this charter shall be entitled to qualify and run for an office of the unified government.

SECTION 8-102. Initial Terms of Office.

The initial terms for Posts 1 and 2 of the first Commissioners of the unified government shall expire at the end of the first even-numbered year after their election. The initial terms for Posts 3, 4, and 5 shall expire at the end ofthe second even-numbered year after their election. All terms thereafter shall be four years.

GEORGIA LAWS 2007 SESSION
SECTION 8-103. Effective Date of Charter.

4557

This charter shall become effective upon the election of members of a Commission of Georgetown-Quitman County, Georgia, and their taking office as the governing authority of the unified government.

SECTION 8-104. Cooperation of Former Governments.

All officers, officials, and employees of the former City ofGeorgetown and Quitman County shall cooperate with and assist the Commission, the Manager, and other officers of Georgetown-Quitman County, Georgia:
(I) In planning the unification of departments, boards, commissions, and agencies of said former governments and in transferring the functions, duties, and responsibilities of such departments, boards, commissions, authorities, and agencies to the appropriate agencies of the unified government of Georgetown-Quitman County, Georgia; and (2) In all other respects in order that the transfer of the governments be accomplished in the most orderly manner possible. The officers of the unified government shall be entitled to examine all records, files, and other data in the possession of the former governments and ofall officers, officials, employees, and departments thereof. The former governments shall, to the extent possible, provide working areas and facilities for the officers of the unified government.

SECTION 8-105. Existing Ordinances and Resolutions Continued in Effect.

(a) Subject to subsection (d) of this section, existing ordinances and resolutions of the Commission of Quitman County and existing rules and regulations of county departments or agencies, not inconsistent with the provisions of this charter, shall continue in effect as ordinances, resolutions, rules, or regulations of Georgetown-Quitman County, Georgia, or the appropriate department or agency thereof until they have been repealed, modified, or amended. (b) Subject to subsection (d) of this section, existing ordinances and resolutions of the City of Georgetown, not inconsistent with the provisions of this charter, shall continue in effect as ordinances and resolutions within the former boundaries of the City of Georgetown, until they have been repealed, modified, or amended. (c) Subject to subsection (d) of this section, in the event of a conflict between any of the ordinances or resolutions continued by this section, the provisions thereof shall apply only to the territory of the unified government that such ordinance or resolution applied prior to

4558

GEORGETOWN-QUITMAN COUNTY CHARTER

the effective date of this charter and until such ordinance or resolution is repealed, changed, or amended to eliminate the conflict. (d) The Commission shall review all ordinances and resolutions and take whatever action is needed to remove any conflicts between ordinances and resolutions continued by this section in order to produce a uniform body of ordinances and resolutions, free of any conflicts or contradictions between such provisions.

SECTION 8-106. Contracts and Obligations.

(a) Except as otherwise provided by this charter, all contracts, orders, leases, bonds, and other obligations or instruments entered into by Quitman County or for its benefit prior to the effective date of this charter shall continue in effect according to the terms thereof as obligations and rights of the unified government; provided, however, any obligation created by Quitman County to become effective after the date of approval of this Charter shall be subject to ratification and approval by the Commission of the unified government within six months following the effective date of this Charter. (b) Except as otherwise provided by this charter, contracts, orders, leases, bonds, and other obligations or instruments entered into by the City of Georgetown or for its benefit prior to the effective date of this charter, shall continue in effect according to the terms thereof as obligations and rights of the unified government; provided, however, any obligation created by the City ofGeorgetown to become effective after the date of approval ofthis Charter shall be subject to ratification and approval by the Commission of the unified government within six months following the effective date of the Charter. (c) No pending action or proceeding of any nature (whether civil, criminal, judicial, administrative, or other) by or against the City of Georgetown or Quitman County or an agency or department thereof shall be abated or otherwise affected by the adoption of this charter, and the unified government shall stand substituted as a party in lieu thereof.

SECTION 8-107. Dissolution of Existing Governments.

On the effective date of this charter, the Board ofCommissioners ofQuitman County and the Mayor and Council of the City of Georgetown and all the officers thereof and the offices thereof not continued under this charter are abolished, and all emoluments appertaining thereto shall cease. Thereupon, the governments of Quitman County and the City of Georgetown shall terminate as separate political entities and all powers, functions, duties, and obligations thereof shall be transferred to and vested in the unified government created by this charter.

GEORGIA LAWS 2007 SESSION
SECTION 8-108. Transfer of Records and Equipment.

4559

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

SECTION 8-109. Officers Serve Until Successors Qualify.

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

SECTION 8-110. Referendum on the Charter.

(a) Not less than 30 days nor more than 60 days after receipt of the certified copy of the proposed charter and after receipt ofapproval by the Department ofJustice ofsuch proposed charter, it shall be the duty of the Quitman County election superintendent to call a special election for approval or rejection of the proposed charter. The election superintendent shall set the date of the election for a day not less than 30 days nor more than 90 days after the issuance of the call. The election superintendent shall cause the date and purpose of the election to be published once a week for two calendar weeks immediately preceding the date thereof in the official legal organ of Quitman County. The ballot shall have written or printed thereon the following:
"( ) YES Shall the charter unifying the governments of the City of Georgetown and Quitman County and creating a single county-wide government to
( ) NO supersede and replace those governments be approved?"
(b) All persons desiring to vote for approval of the charter shall vote "YES," and those persons desiring to vote for rejection of the charter shall vote "NO." If more than one-half of the votes cast by the qualified voters of Quitman County residing within the corporate limits of the City of Georgetown are for approval of the charter and if more than one-half of the total votes cast by all the qualified voters of Quitman County are for approval of the charter, then the charter shall become effective. Otherwise, it shall be void and of no force and effect. The expense of such election shall be borne equally by the City of Georgetown and Quitman County.

4560

GEORGETOWN-QUITMAN COUNTY CHARTER

(c) The special election shall be conducted pursuant to Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," except to the extent specifically provided otherwise by this Charter. (d) A qualified voter, as used herein, shall mean a voter of Quitman County qualified to vote for members of the General Assembly of Georgia. The election superintendent shall certify the returns to the Secretary of State. The election superintendent shall also furnish a certified copy of the charter to the Secretary of State. The Secretary of State shall issue a proclamation showing and declaring the result of the election on the approval or rejection of the charter. One copy of the proclamation shall be attached to the copy of the charter certified to the Secretary of State. One copy of the proclamation shall be delivered to the clerk of the governing authority of the City of Georgetown who shall attach the same to the copy of the charter previously certified to him or her. One copy of the proclamation shall be delivered to the clerk of the governing authority of Quitman County who shall attach the same to the copy of the charter previously certified to him or her. (e) Whenever a charter for the unification of the governments ofthe City of Georgetown and Quitman County has been accepted, the above-certified copies thereof, with the proclamation of the Secretary of State of Georgia attached thereto, shall be deemed duplicate original copies of the charter of the unified government for all purposes. The certified copy of the charter and proclamation deposited with the clerk of the governing authority of the City of Georgetown and the certified copy of the charter and proclamation deposited with the clerk ofthe governing authority ofQuitman County shall subsequently be delivered by them to the successor government. The successor government may issue certified copies of the charter and any copy so certified shall be deemed a duplicate original copy of the charter of the unified government for all purposes. The Secretary of State is authorized to issue certified copies of the charter on file, and copies so certified shall be deemed duplicate original copies of the charter of the unified government for all purposes.

This is a true and exact copy ofthe proposed charter of Georgetown-Quitman County Charter and Unification Commission. Certified by Quitman County Probate Judge and Election Superintendent.

s/ ANDREW BENNETT Judge, Andrew Bennett s/ NOV. 13, 2006

Duly approved and adopted by a majority vote of the members of the Georgetown-Quitman County Charter and Unification Commission, this date, May 16, 2006.

s/ DAVID E. KINSEY David Kinsey, Chairman Georgetown-Quitman County Charter and Unification Commission

GEORGIA LAWS 2007 SESSION
Certified true and correct copy, this date, May 16, 2006. s/ GENEVA B. KENDRICK Geneva B. Kendrick, Secretary

4561