ACTS AND RESOLUTIONS OF THE
GENERAL ASSEMBLY
OF THE STATE OF GEORGIA
2008
COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE
Volume Two
COMPILER'S NOTE
General and Local Acts and Resolutions of the 2007 Regular Session of the General Assembly of Georgia the vetoes of which were overridden at the 2008 Regular Session of the General Assembly of Georgia will be found in Volume 1, Book 1 beginning on page VOl.
General Acts and Resolutions of the 2008 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 07-08 and the Appropriations Act for FY 08-09 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 I, 2007 and April 30, 2008 are printed in Volume Two beginning at pages 4471 and 4507, respectively.
There are no numbered pages between page 1213, 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Annotated which they amend and the tabular index contains a list of Code sections which have been amended, enacted, or repealed.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 2008
TABLE OF CONTENTS
VOLUME ONE
Veto Overrides of Acts and Resolutions .................................. VO 1 Acts and Resolutions of General Application .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Supplementary Appropriations Act for FY........................... Appendix General Appropriations Act for FY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appendix
VOLUME TWO
Acts and Resolutions of Local Application............................... 3501 County and Consolidated Government Home Rule Actions.................. 4471 Municipal Home Rule Actions........................................ 4507
VOLUME THREE
Acts by Numbers-Page References ....................................... lA Bills and Resolutions-Act Number References .............................. SA Index-Tabular. ...................................................... 1\A Index-General. ..................................................... 46A Population of Georgia Counties-Alphabetically........................... 120A Population of Georgia Counties-Numerically............................. 124A Population of Municipalities-Alphabetically.............................. 129A Population of Municipalities-Numerically................................ 13 7A Population of Judicial Circuits......................................... 145A Georgia Senate Districts, Alphabetically by County........................ 150A Georgia Senators, Numerically by District. .............................. 152A Georgia House Districts, Alphabetically by County........................ 156A Georgia Representatives, Numerically by District.......................... 158A Status of Referendum Elections........................................ 168A House Veto Override................................................ 386A Vetoes by the Governor. ............................................. 387A Signing Statements by the Governor. ................................... 393A State Auditor's Report on Funding of Retirement Bills...................... 407A Legislative Services Committee and Staff................................ 409A
GEORGIA LAWS 2008 SESSION
3501
HARALSON COUNTY- BOARD OF COMMISSIONERS; STAGGERED TERMS OF OFFICE.
No. 380 (House Bill No. 995).
AN ACT
To amend an Act providing for the creation of a multimember board of commissioners as the governing authority of Haralson County, approved August 24, 200 I (Ga. L. 200 I Ex. Sess., p. 247), so as to provide for staggered terms of office for members of the board of commissioners; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965; 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 creation of a multimember board of commissioners as the governing authority of Haralson County, approved August 24,2001 (Ga. L. 2001 Ex. Sess., p. 247), is amended by revising subsections (a) and (b) of Section 3 to read as follows:
(a) Those members of the board who are serving as such on January I, 2008, 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 on December 31, 2008, and the election and qualification of their respective successors as provided in subsection (b) of this section.
(b)( I) The chairperson and members of the board from commissioner districts I and 3 shall be elected at the general election on the Tuesday next following the first Monday in November, 2008. The chairperson and those members of the board elected thereto from commissioner districts I and 3 in 2008 shall take office the first day of January immediately following that election and shall serve for terms of office of fours years each and until the election and qualification of their respective successors. Those and all future successors to the chairperson and members from commissioner districts I and 3 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 and until their respective successors are elected and qualified. (2) The members of the board from commissioner districts 2 and 4 shall be elected at the general election on the Tuesday next following the first Monday in November, 2008. Those members of the board elected thereto from commissioner districts 2 and 4 in 2008 shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 20 I0, and upon the election
3502
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and qualification of their respective successors. Those and all future successors to members from commissioner districts 2 and 4 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 and until their respective successors are elected and qualified.n
SECTION 2. The Board of Commissioners of Haralson County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 30 days after the date on which this Act 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. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2008 session of the General Assembly of Georgia a bill to amend an Act providing for the creation of a multimember board ofcommissioners as the governing authority ofHaralson County, approved August 24, 2001 (Ga. L. 2001 Ex. Sess., p.247), and for other purposes.
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 January 7, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ HOWARD MAXWELL Howard Maxwell Representative, District 17
GEORGIA LAWS 2008 SESSION
3503
Sworn to and subscribed before me, this 18th day of January 2008.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 20 II (SEAL)
Approved February 29, 2008.
CITY OF EDGEHILL- NEW CHARTER.
No. 381 (House Bill No. 1033).
AN ACT
To provide a new charter for the City of Edgehill in Glascock County; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for officers, agents, and personnel of the city; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for the sale of property; to provide for eminent domain; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
3504
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 City of Edgehill, Georgia, and by that name shall have perpetual succession.
SECTION 1.11. Corporate Boundaries.
(a) The boundaries of this city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The boundaries of this city at all times shall be shown on a map, a written description or any combination thereof, to be retained permanently in the city hall and to be designated, as the case may be: "Official Map (or Description) of the corporate limits of the City of Edgehill, 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. Examples of Powers.
The powers of the city shall include, but are not limited to, the power: (!) 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
GEORGIA LAWS 2008 SESSION
3505
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 ofthe 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, fire safety, 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 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 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 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 of air quality, the restoration and maintenance ofwater resources, the control of erosion and sedimentation, the management of storm water and establishment of a storm-water utility, 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; (I 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 or doing business therein benefiting from such services; to enforce the payment of such
3506
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 ofthe inhabitants ofthe 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, 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; (15) Motor Vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city; (16) Municipal Agencies and Delegation of Power. To create, alter or abolish departments, boards, offices, commissions, and agencies of the city, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (17) Municipal Debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (18) Municipal Property Ownership. To acquire, dispose of, lease, and hold in trust or otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (19) Municipal Property Protection. To provide for the preservation and protection of property and equipment of the city, and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (20) Municipal Utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, storm-water management, 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;
GEORGIA LAWS 2008 SESSION
3507
(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 insure 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 firefighting 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, 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 loitering, disorderly conduct, 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 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 and other employee benefit plans and programs 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;
3508
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(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, the manufacture and sale of intoxicating liquors; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; to license and tax professional fortunetelling, palmistry, and massage parlors; and to restrict adult bookstores to certain areas; (36) Special Assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (3 7) Taxes: Ad Valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (38) Taxes: Other. To levy and collect such other taxes as may be allowed now or in the future by law; (39) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the 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; (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 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 Constitution or applicable laws of the State of Georgia.
GEORGIA LAWS 2008 SESSION
SECTION 1.14. Exercise of Powers.
3509
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 two councilmembers. The city council established shall in all respects be successor to and continuation of the governing authority under prior law. The mayor and councilmembers shall be elected in the manner provided by general law and this charter.
SECTION 2.11. 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 mayor or members of the council; each shall continue to reside therein during that mayor's or member's period of service and to be registered and qualified to vote in municipal elections of this city.
SECTION 2.12. Vacancy; Filling of Vacancies.
(a) Vacancies - The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or 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 by the city council or those members remaining. (c) This provision shall also apply to a temporary vacancy created by the suspension from office of the mayor or any councilmember.
3510
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. 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, 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 ofthe city and the conduct of any department, office, or agency thereof, and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as provided by ordinance.
SECTION 2.16. General Power and Authority of the City Council.
(a) Except as otherwise provided by law or this charter, the city council shall be vested with all the powers of government of this city. (b) In addition to all other powers conferred upon it by law, the 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 the 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 Edgehill and may enforce such ordinances by imposing penalties for violation thereof.
GEORGIA LAWS 2008 SESSION
3511
SECTION 2.17. Eminent Domain.
The city council is hereby empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities, and any other public improvements inside or outside the city, and to regulate the use thereof, and for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future.
SECTION 2.18. Organizational Meetings.
The city council shall hold an organizational meeting on the second Tuesday in January. The meeting shall be called to order by the mayor or city clerk and the oath of office shall be administered to the newly elected members by a judicial officer authorized to administer oaths and shaJI, to the extent that it comports with federal and state law, be as foJlows:
"I do solemnly (swear) (affirm) that I will faithfuJly perform the duties of (mayor) (councilmember) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. 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 ofthe City of Edgehill for the time required by the Constitution and laws of this state and by the municipal charter. I will perform the duties of my office in the best interest of the City of Edgehill to the best of my ability without fear, favor, affection, reward, or expectation thereof."
SECTION 2.19. Regular and Special Meetings.
(a) The city council shaJI 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 one member of the city council. Notice of such special meetings shall be served on aJI 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
3512
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 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 ofthis 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 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.
(a) The mayor and one councilmember shall constitute a quorum, or in the absence of the mayor, two 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 the mayor and one councilmember or the affirmative vote of two councilmembers shall be required for the adoption of any ordinance, resolution, or motion. (b) No member of the city council shall abstain from voting on any matter properly brought before the 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 member of the city council 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.
GEORGIA LAWS 2008 SESSION
3513
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 Edgehill" and every ordinance shall so begin. (b) An ordinance may be introduced by the mayor or 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 in Section 2.24. 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 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 the mayor and one councilmember or the affirmative vote of two councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.
3514
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(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: (I) the requirements of Section 2.22(b) 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. (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; Compilation; 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 compilation of all the ordinances of the city having the force and effect of law. The general compilation 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 Compiled Ordinances of the City ofEdgehill, Georgia." Copies of the compilation 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. 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 compilation.
GEORGIA LAWS 2008 SESSION
3515
SECTION 2.27. Election of Mayor; Forfeiture.
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 for 12 months prior to the date of 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.
SECTION 2.28. Mayor Pro Tern.
By a majority vote, the city council shall elect a councilmember to serve as mayor pro tern. The mayor pro tern shall assume the duties and powers of the mayor during the mayor's physical or mental disability, suspension from office, 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. When acting as mayor, the mayor pro tern shall continue to vote as a member of the council.
SECTION 2.29. Powers and Duties of Mayor.
The mayor shall: (I) Preside at all meetings of the city council; (2) Exercise supervision over all administrative work of the city and provide for the coordination of administrative activities; (3) 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; (4) Have the power to administer oaths and to take affidavits; (5) 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; (6) Vote on matters before the city council and be counted toward a quorum as any other councilmember; (7) Prepare and submit to the city council a recommended annual operating budget and recommended capital budget; and (8) Fulfill such other executive and administrative duties as the city council shall by ordinance establish.
3516
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 appointive officers and directors of departments shall receive such compensation as prescribed by ordinance or resolution. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision ofthe city council, be responsible for the administration and direction ofthe affairs and operations ofthat director's department or agency. (e) All appointive officers and directors under the supervision of the city council shall be nominated by the mayor with confirmation of appointment by the city council. All appointive officers and directors shall be employees at-will and subject to removal or suspension at any time by the city council unless otherwise provided by law or ordinance.
SECTION 3.11. 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 herein for original appointment, except as otherwise provided by this charter or by law.
GEORGIA LAWS 2008 SESSION
3517
(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 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 majority vote of the city council unless otherwise provided by law. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chair and one member as vice-chair, and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances 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 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. The city attorney is not a public official of the city and does not take an oath of office. The city attorney shall at all times be an independent contractor. A law firm, rather than an individual, may be designated as the city attorney.
SECTION 3.13. City Clerk.
The city council shall appoint a city clerk who shall not be the mayor or 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.
3518
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 may be created by the city council a court to be known as the Municipal Court of the City of Edgehill. Upon creation, such court shall adhere to the provisions of this article.
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 municipal court unless that person shall have attained the age of21 years, shall be a member of the State Bar of Georgia, and shall possess all qualifications required by law. All judges shall be appointed by the 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 persons ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.20.
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 have jurisdiction and authority to try and punish violations of this charter, all city ordinances, and such other violations as provided by law.
GEORGIA LAWS 2008 SESSION
3519
(b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 180 days or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation, and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law. (e) The municipal court shall have 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. (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 ali criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Glascock County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.
3520
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 4.15. Rules for Court.
With approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to municipal courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings.
ARTICLE V ELECTIONS AND REMOVAL
SECTION 5.10. Applicability of General Law.
All primaries and elections shall be held and conducted in accordance with the Georgia Election Code, Chapter 2 of Title 21 of the O.C.G.A., as now or hereafter amended.
SECTION 5.11. Election of the City Council.
(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 one councilmember at one election and at every other election thereafter. The remaining city council seat shall be filled at the election alternating with the first election so that a continuing body is created. Terms shall be for four years. (c) In order to create a continuing body, the following provisions shall apply until such time the election schedule provided in this section can be implemented:
(I) On the Tuesday following the first Monday in November, 2009, an election shall be conducted to elect a mayor and one councilmember. The mayor elected at that time shall take office on January 1, 2010, at the expiration of the term of office of the person serving as mayor on January 1, 2006, W. Durham Milburn. The candidate elected at that time to the council seat held on January 1, 2006 by Dewey Belcher shall take office on January 1, 2010. The mayor and councilmember elected in November, 2009, shall serve for a four-year term expiring December 31, 2013, and until such mayor's or councilmember's successors are elected and qualified. The successors to the positions expiring on December 31, 2013, shall be elected on the Tuesday following the first Monday in November, 2013. The mayor candidate and city council candidate elected in November, 2013, shall serve for a four-year term beginning January 1, 2014, and expiring on
GEORGIA LAWS 2008 SESSION
3521
December 31, 2017. Thereafter, the election schedule provided in subsections (a) and (b) of this section shall apply. (2) On the Tuesday following the first Monday in November, 2009, an election shall be conducted to elect one councilmember. The candidate elected at that time to the council seat held on January I, 2006 by Annette Black (which seat is currently held by Gary Kitchens) shall take office on January I, 20 I0. The councilmember elected in November, 2009 shall serve for a two-year term expiring December 31, 20 II, and until such councilmember' s successor is elected and qualified. The successor to the position expiring on December 31, 20 II, shall be elected on the Tuesday following the first Monday in November, 2011. The candidate elected in November, 2011 shall serve for a four-year term beginning January I, 2012, and expiring on December 31, 2015. Thereafter, the election schedule provided in subsections (a) and (b) of this section shall apply. (3) The council seat held on January I, 2006, by Roy Black which was vacated by Roy Black's resignation from city council, which seat is currently vacant (open seat), shall be abolished.
SECTION 5.12. Non-Partisan 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. Other Provisions.
Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the Georgia Election Code.
SECTION 5.15. 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.
3522
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(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 Glascock 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 Glascock County following a hearing on a complaint seeking such removal brought by any resident of the City of Edgehill.
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 two 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.
GEORGIA LAWS 2008 SESSION
3523
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.
SECTION 6.14. Franchises.
(a) The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, that no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by the 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, assessments, 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. If unpaid, such charges shall be collected as provided in Section 6.18.
3524
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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. If unpaid, such charges shall be collected as provided in Section 6.18.
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 Jaw, 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 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 Jaws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken.
SECTION 6.20. Revenue Bonds.
Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued.
GEORGIA LAWS 2008 SESSION
3525
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 unless otherwise provided by state or federal law.
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.
SECTION 6.25. Submission of 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 ofthe city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general
3526
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
summary of the budget, and such other pertinent comments and information. The operating budget and the capital budget hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.
SECTION 6.26. Action by City Council on Budget.
(a) The city council may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions ofthis charter and for all 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 30th day of June of each year. If the city council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.24. (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 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.
GEORGIA LAWS 2008 SESSION
3527
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, 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 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 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 2.24. (b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than the 30th day of 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 mayor may submit amendments to the capital budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance.
SECTION 6.30. Independent Audit.
The city council shall provide for and cause to be made an annual report of agreed upon procedures for each fiscal year, or such other audit or report as may be required by law. The annual report ofagreed upon procedures shall include at a minimum: proofand reconciliation of cash, confirmation of cash balances, a listing of bank balances by bank, a statement of cash receipts and cash disbursements, a review of compliance with state law, and a report of agreed upon procedures. The agreed upon procedures report shall be in a format prescribed by the state auditor and shall constitute an annual audit report for purposes of and within the meaning of Code Section 36-81-7 of the O.C.G.A. Copies of annual financial reports shall be available at printing costs to the public.
3528
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 it is in writing and it is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 2.21.
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 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.
GEORGIA LAWS 2008 SESSION
3529
ARTICLE VII GENERAL PROVISIONS
SECTION 7.10. Bonds for Officials.
The officers and employees of this city, both elective and appointive, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law.
SECTION 7.11. Existing Ordinances, Resolutions, Rules, and Regulations.
All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent with this charter are hereby declared valid and of full effect and force until amended or repealed by the city council.
SECTION 7.12. Existing Personnel and Officers.
Except as specifically provided otherwise by this charter, all personnel and officers of the city and their rights, privileges, and powers shall continue beyond the time this charter takes effect for a period of 60 days before or during which the existing city council shall pass a transition ordinance detailing the changes in personnel and appointive officers required or desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition.
SECTION 7.13. 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.
3530
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(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 legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence, or part thereof be enacted separately and independent of each other.
SECTION 7.16. Specific Repealer.
An Act incorporating the City of Edgehill in the County of Glascock, approved March 6, 1939 (Ga. L. 1939, p. 1049), is hereby repealed in its entirety and any amendatory acts thereto are likewise repealed in their entirety.
SECTION 7.17. General Repealer.
All other laws and parts of laws in conflict with this Act are hereby repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the 2008 regular session of the General Assembly of Georgia a bill to enact a new charter for the City of Edgehill and to repeal the existing charter approved March 6, 1939 (Ga. L. 144, p. 1049), as amended; and for other purposes.
This 26th day of December, 2007.
Christopher N. Dube City Attorney City of Edgehill Post Office Box 367 Wrens, Georgia 30833 706-547-4090
GEORGIA LAWS 2008 SESSION
3531
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 News and Farmer which is the official organ of Glascock County on December 27, 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 28th day of January, 2008.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved March 10, 2008.
WARREN COUNTY- BOARD OF EDUCATION; REDISTRICT.
No. 382 (House Bill No. 1164).
AN ACT
To amend an Act reconstituting the Board of Education of Warren County, approved February 4, 1993 (Ga. L. 1993, p. 3651), as amended, particularly by an Act approved April2, 2002 (Ga. L. 2002, p. 3702), and by an Act approved May 30, 2003 (Ga. L. 2003, p. 3806), so as to revise the districts for the election of members of the board; to provide for the manner of election; to provide for submission for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
3532
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 1. An Act reconstituting the Board of Education of Warren County, approved February 4, 1993 (Ga. L. 1993, p. 3651), as amended, particularly by an Act approved April 2, 2002 (Ga. L. 2002, p. 3702), and by an Act approved May 30, 2003 (Ga. L. 2003, p. 3806), is amended by revising subsection (b) of Section 2 as follows:
"(b) For the purpose of electing members of the board of education, the Warren County School District is divided into five education districts. One member of the board shall be elected from each such district. The 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: warrsbp3 Plan Type: Local User: Gina Administrator: Warren Co."
SECTION 2. Such Act is further amended by revising Section 4 as follows:
"SECTION 4. (a) The members of the board of education who were elected at the general election in November, 2004, shall continue in office for the terms to which they were elected and until successors are elected and qualified as provided in this Act. The members of the board of education who were elected at the general election in November, 2006, shall continue in office for the terms to which they were elected and until successors are elected and qualified as provided in this Act. (b) The members of the Board of Education of Warren County from Education Districts I and 4 shall be elected at the state-wide nonpartisan general election in 2010. Such members shall take office on January 1 following their election for terms of four years and until their successors are elected and qualified. (c) The members of the Board of Education of Warren County from Education Districts 2, 3, and 5 shall be elected at the state-wide nonpartisan general election in 2008. Such members shall take office on January 1 following their election for terms of four years and until their successors are elected and qualified. (d) Successors to members elected under subsections (b) and (c) of this section shall be elected at the state-wide nonpartisan general election next preceding the expiration of such terms of office and shall take office on January I following their election for terms of four years and until their successors are elected and qualified. (e) Education Districts 1, 2, 3, 4, and 5 as they existed on January 1, 2008, shall continue to be designated as Education Districts 1, 2, 3, 4, and 5, respectively, but as newly described under this Act, and, on and after the effective date of this Act, such members of the board serving from those former education districts shall be deemed to be serving from and representing their respective districts as newly described under this Act.
GEORGIA LAWS 2008 SESSION
3533
(f) All members of the board who are elected thereto shall be elected in nonpartisan elections pursuant to Code Section 21-2-139 of the O.C.G.A. which shall be held in accordance with Chapter 2 of Title 21 of the O.C.G .A., the 'Georgia Election Code.'"
SECTION 3. The Board of Education of Warren 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.
Plan Name: warrsbp3 Plan Type: Local User: Gina Administrator: Warren Co.
Redistricting Plan Components Report
District 001 Warren County
Tract: 9701 BG: I 111111121113111511161146114711481149115011511152 1153115411551156 BG:2 2018 2019 2020 2021 2022 2023 2024 2028 2029 2030 2031 2032 2033 2049 2050 2079 2080 2084 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 2118 2120 2121 2122 2123 2124 2127 2128 2132 2995 2996 2997 2998 2999 Tract: 9704 BG: I 1000 1001 1002 1003 1004 1005 1006 1007 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 10211022 1023 1024 1025 1026 1027 1028 1029 1034 10511052 1053 1054 1055 1056 1057 1058 1059 1994 1997 1998 1999 BG: 3 3078 3080 3081
3534
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
District 002 Warren County
Tract: 9701 BG: 2 2115 2116 2117 2119 2129 2130 2131 Tract: 9703 Tract: 9704 BG: 1 1995
District 003 Warren County
Tract: 9704 BG: 1 1008 1009 1010 1030 1031 1032 1033 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1060 1061 1062 1063 1064 1065 1066 1067 1996 BG: 2 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2028 2029 2030 2031 2032 2035 2036 BG: 3 3070
District 004 Warren County
Tract: 9704 BG: 2 200020012002200320242025202620272033203420372038 203920402041204220432044204520462047204820492050 2051 2052 2053 2054 2055 2999 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3071 3072 3073 3074 3075 3076 3077 3079 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 3 110 3111 3112 3113 3114 3115 3116 3117 3118 3119 3120 3121
GEORGIA LAWS 2008 SESSION
3122 3123 3124 3125 3126 3127 3128 3129 3130 3131 3132 3133 3134 3135 3136 3137 3138 3139 3140 31413142 3143 3144 3145 3146 3147 3148 3149 3150 3151 3993 3994 3995 3996 3997 3998 3999
District 00 5 Warren County
Tract: 9701 BG: I 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 10211022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 II 09 1110 1114 1117 1118 1119 1120 1121 1122 1123 1124 112511261127112811291130113111321133113411351136 113711381139114011411142114311441145199619971998 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2025 2026 2027 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 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 2081 2082 2083 2085 2086 2087 2088 2089 2125 2126 Tract: 9704 BG: 3 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3992
3535
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2008 session of the General Assembly of Georgia a bill to amend an Act reconstituting the "Board of Education of Warren County, approved February 4, 1993 (Ga. L. 1993, p. 3651 ), as amended, particularly by an Act approved April 2, 2002 (Ga. L. 2002, p. 3702), so as to revise the districts for the
3536
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
election ofmembers ofthe board; to provide for the manner ofelection; to provide for related matters; to repeal conflicting laws; and for other purposes.
This 28th day of January, 2008.
-s- Rep. Sistie Hudson Representative, !24th District
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 Warrenton Clipper which is the official organ of Warren County on February 8, 2008, 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 II th day of February 2008.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved March 10,2008.
CITY OF DUNWOODY- INCORPORATION; REFERENDUM. No. 385 (Senate Bill No. 82). AN ACT
To incorporate the City of Dunwoody in DeKalb County; to provide for a charter for the City of Dunwoody; to provide for incorporation, boundaries, and powers of the city; to provide
GEORGIA LAWS 2008 SESSION
3537
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, and districts 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 codes; to provide for a charter commission; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city manager, a city attorney, a city clerk, a tax collector, a city accountant, and other personnel; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for ethics and disclosures; 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 purchases; to provide for homestead exemptions; to provide for bonds for officials; to provide for other matters relative to the foregoing; to provide for a referendum; to provide effective dates and transitional provisions governing the transfer of various functions and responsibilities from DeKalb County to the City of Dunwoody; 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 CREATION, INCORPORATION, POWERS
SECTION 1.01. Incorporation.
This Act shall constitute the charter of the City of Dunwoody, Georgia. The City of Dunwoody, Georgia, in the County of DeKalb, and the inhabitants thereof, are constituted and declared a body politic and corporate under the same name and style of the "City of Dunwoody" and by that name shall have perpetual succession, may sue and be sued, plead and be impleaded, in all courts of law and equity, and in all actions whatsoever, and may have and use a common seal.
SECTION 1.02. Corporate boundaries.
The boundaries of the City of Dunwoody shall be those set forth and described in Appendix A of this charter, and said Appendix A is incorporated into and made a part of this charter. The city clerk shall maintain a current map and written legal description of the corporate boundaries ofthe city, and such map and description shall incorporate any changes which may hereafter be made in such corporate boundaries.
3538
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 Act. This city shall have all the powers of self-government not otherwise prohibited by this Act 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 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 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 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; (5) Condemnation.
(A) To condemn property inside the corporate limits of the city for present or future use and for any public purpose deemed necessary by the city 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; (B) The municipality shall have the right to condemn and cause to be remediated or removed any building, structure, or existing condition within its corporate limits that is dangerous to life, limb, or property, by reasons of decay, dilapidation, or unsanitary condition. Nothing in this subparagraph shall be construed to relieve the municipality of any duty to give owners or interested persons reasonable notice and opportunity to remedy the situation. Nothing in this subparagraph shall be construed as relieving the municipality of liability to any interested person for damages to person or property taken
GEORGIA LAWS 2008 SESSION
3539
or destroyed in furtherance of this subparagraph. This subparagraph shall not be construed as authorizing the doing of any act or thing contrary to the Constitution of this state and the policy of the general laws of this state. The municipality shall have authority to adopt reasonable ordinances and resolutions for the purpose of carrying out this subparagraph; (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 ofthe city, the region, and the state through the enactment ofordinances that preserve and improve air quality, restore and maintain water resources, the control of erosion and sedimentation, manage storm water and establish a storm-water utility, manage solid and hazardous waste, and provide other necessary or beneficial actions for the protection of the environment. These ordinances shall include, without limitation, ordinances that protect, maintain, and enhance the public health, safety, environment and general welfare and minimize public and private losses due to flood conditions in flood hazard areas, as well as protect the beneficial uses of floodplain areas for water quality protection, stream bank and stream corridor protection, wetlands preservation and ecological and environmental protection. Such ordinances may: require that users vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; restrict or prohibit uses which are dangerous to health, safety, and property due to flooding or erosion hazards, or which increase flood heights, velocities, or erosion; control filling, grading, dredging and other development which may increase flood damage or erosion; prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands; limit the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters; and protect the storm-water management, water quality, stream bank protection, stream corridor protection, wetland preservation and ecological functions of natural floodplain areas; (9) Ethics. To adopt ethics ordinances and regulations governing such things as, but not limited to, the conduct of municipal elected officials, appointed officials, contractors, vendors and employees, establishing procedures for ethics complaints, and setting forth penalties for violations of such rules and procedures; (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;
3540
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(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, taxes, or fees; (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 ofthe 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) Homestead Exemption. To establish and maintain procedures for offering homestead exemptions to residents of the city and maintaining current homestead exemptions of residents of the city as authorized by Act of the General Assembly; (16) 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; 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; (17) 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; (18) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices not specified in this charter, commissions, authorities, 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; (19) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose ofraising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (20) 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; (21) 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;
GEORGIA LAWS 2008 SESSION
3541
(22) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, storm-water management, gasworks, electricity generating 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; (23) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (24) 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; (25) Planning and zoning. To provide comprehensive city planning for city land use, signage and outside advertising, and 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; (26) 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; (27) Public hazards; removal. To provide for the destruction and removal of any building or other structure that is or may become dangerous or detrimental to the public; (28) Public improvements. To provide for the acquisition, construction, building, operation, maintenance, or abolition of public ways, parks and playgrounds, recreational facilities, cemeteries, public buildings, libraries, public housing, parking facilities, and charitable, cultural, educational, recreational, conservation, sport, detentional, penal, and medical institutions, agencies, and facilities; to provide any other public improvements inside the corporate limits of the city and 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; (29) Public peace. To provide for the prevention and punishment of loitering, disorderly conduct, drunkenness, riots, and public disturbances; (30) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (31) Public utilities and services. To grant franchises or make contracts for, or impose taxes on, public utilities and public service companies; and to prescribe the rates, 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; (32) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances;
3542
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(33) Employee benefits. To provide and maintain a retirement plan, insurance, and such other employee benefits for appointed officers and employees of the city, as are determined by the city council; (34) 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; (35) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements, subject to referendum; (37) Taxes; ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; provided, however, that:
(A) The millage rate imposed for ad valorem taxes on real property shall not exceed 3.04 unless a higher limit is recommended by resolution of the city council and approved by a majority of the qualified voters of the City of Dunwoody voting on the issue; (B) For all years, the fair market value of all property subject to taxation shall be determined according 1o the tax digest of DeKalb County, as provided in Code Section 48-5-352 of the O.C.G.A.; and (38) Taxes: other. To levy and collect such other taxes and fees 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; to inspect said vehicles and mandate standards of safety and cleanliness; and to regulate the parking of such vehicles; (40) Tourism, Conventions, and Trade Shows. To provide for the structure, operation, or management of the Dunwoody Convention and Visitors Bureau created pursuant to Section 1.05 of this charter and to authorize the City of Dunwoody to contract with private sector nonprofit organizations or other governmental agencies to promote tourism, conventions, and trade shows. (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
GEORGIA LAWS 2008 SESSION
3543
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 Act. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.
SECTION 1.05. Tourism, conventions, and trade shows.
The Dunwoody Convention and Visitors Bureau is hereby created.
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 Dunwoody, except as otherwise specifically provided in this Act, shall be vested in a city council of which the mayor shall be a voting member.
(b)(!) The city council of Dunwoody, Georgia shall consist of six members, plus the mayor. (2) There shall be three council districts, designated Council Districts I through 3, as described in Appendix B of this Act, which is attached to and made a part of this charter of the City of Dunwoody. (3) One councilmember shall be elected from each of the three council districts and shall hold Council Posts I, 2, and 3, respectively. Each person desiring to offer as a candidate for councilmember for such posts shall designate the council post for which he or she is offering. Councilmembers for such posts shall be elected by a majority vote of the qualified electors of the respective council districts voting at the elections of the city. In
3544
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the event that no candidate for a council post obtains a majority vote of the qualified electors of the council district voting in the election, then a run-off election shall be held. The candidates receiving the two highest numbers of votes in the election for such council post will be included in the run-off election. The person receiving the highest number of votes of the qualified electors of the council district voting at such run-off election shall be elected. Each candidate for election to the city council must reside in the district he or she seeks to represent. (4) Three councilmembers shall be elected from the city at large and shall represent Council Posts 4, 5, and 6. Candidates offering for election to Council Post 4 shall reside in Council District I, candidates offering for election to Council Post 5 shall reside in Council District 2, and candidates offering for election to Council Post 6 shall reside in Council District 3. Each person desiring to offer as a candidate for councilmember for such posts shall designate the council post for which he or she is offering. Councilmembers for such posts shall be elected by a majority vote of the qualified electors of the entire city voting at the elections of the city. In the event that no candidate for a council post obtains a majority vote of the qualified electors of the entire city voting in the election, then a run-off election shall be held. The candidates receiving the two highest numbers of votes in the election for such council post will be included in the run-off election. The person receiving the highest number of votes of the qualified electors of the city voting at such run-off election shall be elected. (c) With the exception of the initial terms set forth in subsection (d) of this section, councilmembers shall be elected to terms of four years and until their successors are elected and qualified on a staggered basis in alternate election cycles such that every two years three councilmembers are up for election. (d) In order to assure staggered elections of the councilmembers, in the first election of the city council the terms for the candidates elected for Council Posts I, 2, and 3 shall expire upon the administration of the oath of office to their successors elected in the regular elections held in November 2009 as provided in subsection (b) of Section 2.02. The terms for the candidates elected for Council Posts 4, 5, and 6 shall expire upon the administration of the oath of office to their successors elected in the regular elections held in November 201 I as provided in subsection (b) of Section 2.02. Thereafter, a successor to each councilmember shall be elected at the November election immediately preceding the end of such councilmember's term ofoffice and the term ofeach councilmember shall expire upon the administration of the oath of office to his or her successor. (e) With the exception of the initial term of office, a mayor of the City of Dunwoody, with the powers and duties specified herein, shall be elected to a term of four years and until his or her successor is elected and qualified. The mayor shall be elected by a majority vote of the qualified electors of the city at large voting at the elections of the city. In the event that no candidate for mayor obtains a majority vote of the qualified electors of the city at large voting at the elections of the city, then a run-off election shall be held. The candidates receiving the two highest numbers of votes in the election shall be included in the run-off
GEORGIA LAWS 2008 SESSION
3545
election and the candidate receiving the highest number of votes in the runoff of the qualified electors of the city at large voting at such runoff shall be elected. The term of the first elected mayor shall expire upon the administration of the oath of office to his or her successor elected in the regular election held in November, 2011, as provided in subsection (b) of Section 2.02. Thereafter, a successor to each mayor shall be elected at the November election immediately preceding the end of such mayor's term of office and the term of each mayor shall expire upon the administration of the oath of office to his or her successor.
SECTION 2.02. Mayor and councilmembers; terms and qualifications for office.
(a) For all elections subsequent to the first election, the mayor and councilmembers shall serve for terms of four years and until their terms shall expire upon the administration of the oath of office to their successors. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the City of Dunwoody 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 ofthe City of Dunwoody. In addition to the above requirements, no person shall be eligible to serve as a councilmember representing a council district unless that person has been a resident of the district such person seeks to represent for a continuous period of at least six months immediately prior to the date of the election for councilmember and continues to reside in such district during that person's period of service. (b) An election shall be held on the third Tuesday in September, 2008, to elect the first mayor and city council. At such election, the first mayor and council shall be elected to serve for the initial terms of office specified in Sections 2.01 (d) and 2.0 I (e). Thereafter, the time for holding regular municipal elections shall be on the Tuesday next following the first Monday in November of each odd-numbered year beginning in 2009. (c) The number of successive terms an individual may hold a position as a councilmember shall be unlimited. (d) The number of successive terms an individual may hold the position of Mayor shall be limited to two terms. An individual who serves as mayor for either one term or two consecutive terms, may stand for subsequent elections provided the individual is not the mayor at time of such elections.
SECTION 2.03. Vacancy; filling of vacancies; suspensions.
(a) Elected officials of the city cannot hold other elected or public offices. The elected offices of the city's government will become vacant upon the member's death, resignation,
3546
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
removal, or forfeiture of office. The following shall result in an elected city official forfeiting his or her office:
(I) Violating the provisions of this charter; (2) Being convicted of, or pleading guilty or "no contest" to, a felony or a crime of moral turpitude; or (3) Failing to attend one-third of the regular meetings of the council in a three-month period without being excused by the council. (b) The office of mayor shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this Act or the general laws of the State of Georgia. A vacancy in the office of mayor 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 city council or those members remaining shall appoint a successor for the remainder of the term. This provision shall also apply to a temporary vacancy created by the suspension from office of the mayor. (c) The office of a councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this Act or the general laws ofthe State of Georgia. A vacancy in the office of a 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 appoint a successor for the remainder of the term subject to the approval of the city council or those members remaining. This provision shall also apply to a temporary vacancy created by the suspension from office of a councilmember.
SECTION 2.04. Nonpartisan elections.
Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party designation.
SECTION 2.05. Election votes.
The candidates for mayor and city council who receive a majority vote of the qualified electors of the city at large voting at the elections of the city shall be elected to a term of office.
GEORGIA LAWS 2008 SESSION
SECTION 2.06. Applicability of general laws; qualifying; other provisions.
3547
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 or otherwise provided by law. Except as otherwise provided by this Act, 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 or otherwise provided by law.
SECTION 2.07. Compensation and expenses.
The annual salary of the mayor shall be $16,000.00 and the annual salary for each councilmember shall be $12,000.00. Such salaries shall be paid from municipal funds in monthly installments. The mayor shall be provided an annual expense allowance of $5,000.00 and each councilmember shall be provided an annual expense allowance of $3,000.00 for the reimbursement of expenses actually and necessarily incurred by the mayor and councilmembers in carrying out their duties as elected officials of the city.
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.
SECTION 2.09. Meetings, oath of office, 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 and the oath of office shall be administered to the newly elected mayor and councilmembers collectively by a judicial officer authorized to administer oaths. 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 Dunwoody, and will to the best of my ability support and defend the Constitution of the United States, the Constitution of Georgia, and
3548
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the charter, ordinances, and regulations of the City of Dunwoody. 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 Dunwoody for the time required by the Constitution and laws of this state and by the municipal charter. I will perform the duties of my office in the best interests of the City of Dunwoody to the best of my ability without fear, favor, affection, reward, or expectation thereof." (b) Following the induction of the mayor and councilmembers, the city council, by a majority vote of the councilmembers, shall elect a councilmember to be mayor pro tempore, who shall serve for a term of two years and until a successor is elected and qualified. The number of successive terms an individual may hold a position as mayor pro tempore shall be unlimited. (c) The mayor pro tempore shall assume the duties and powers of the mayor during the mayor's temporary disability, suspension, or absence. If the mayor pro tempore is absent because of sickness or disqualification, any one of the remaining councilmembers, chosen by the councilmembers present, shall be clothed with all the rights and privileges of the mayor as described herein and shall perform the mayor's duties in the same manner as the mayor pro tempore. (d) 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 day or hour it may fix and may transact any business at such continued meeting as may be transacted at any regular meeting. (e) Special meetings of the city council may be held on the call of either the mayor and one councilmember or three councilmembers. Notice ofsuch special meetings shall be delivered to all councilmembers, the mayor, and the city manager personally, by registered mail, or by electronic means at least 24 hours in advance of the meeting. Such notice shall not be required if the mayor, all councilmembers, and city manager are present when the special meeting is called. Such notice of any special meeting may be waived by the mayor, a councilmember, or the city manager 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.
(a) Four councilmembers shall constitute a quorum and shall be authorized to transact business for the city council. The mayor shall be counted toward the making of a quorum.
GEORGIA LAWS 2008 SESSION
3549
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 member 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, nor the mayor, shall abstain from voting on any matter properly brought before the city council for official action except when such councilmember has a reason which is disclosed in writing prior to or at the meeting and made a part of the minutes. If any councilmember or the mayor is present and eligible to vote on a matter and refuses to do so for a reason he or she will not disclose he or she shall be deemed to have voted with the majority ofthe votes ofthe other councilmembers on the issue involved; provided further that if there is a tie in the vote of the voting councilmembers, then the mayor and each councilmember shall be required to vote unless he or she discloses a reason for not voting. The mayor shall have one vote on all matters brought before the council. (b) The following types of actions require an ordinance in order to have the force of law:
(I) Adopt or amend an administrative code or establish, alter or abolish a department, office not specified in this charter, or agency; (2) Provide for fine or other penalty; (3) Levy taxes; (4) Grant, renew, or extend a franchise; (5) Regulate a rate for a public utility; (6) Authorize the borrowing of money; (7) Convey, lease or encumber city land; (8) Regulate land use and development; and (9) Amend or repeal an ordinance already adopted. (c) The city council shall establish by ordinance procedures for convening emergency meetings. In an emergency, an ordinance can be passed without notice or hearings if the city council passes the ordinance by three-fourths vote; provided, however, that the city council cannot in an emergency meeting: (1) Levy taxes; (2) Grant, renew, or extend a franchise; (3) Regulate a rate for a public utility; or (4) Borrow money.
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 Dunwoody as provided by Article I of this charter.
3550
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(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 the 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 Dunwoody and may enforce such ordinances by imposing penalties for violation thereof.
SECTION 2.12. Administrative and service departments.
(a) Except for the office of city manager and the elected positions provided for in this charter, the city council, by ordinance, may establish, abolish, merge, or consolidate offices not specified in this charter, 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 ofthe 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 2.13. Prohibitions.
(a) No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(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 official duties or which would tend to impair the independence of his or her judgment or action in the performance of official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of official duties or would tend to impair the independence of his or her judgment or action in the performance of official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which engaged without proper legal authorization or use such
GEORGIA LAWS 2008 SESSION
3551
information to advance the financial or other private interest ofhimself or herself or others, except as required by law; (4) Accept any valuable gift, whether in the form of service, loan, object, or promise, from any person, firm, or corporation which to his or her knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which he or she is engaged; "Valuable" shall be an amount determined by the city council; provided, however, that the amount shall not exceed $1 00.00; (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, or members of his or her immediate family, 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. "Private financial interest" shall include interests of immediate family. The mayor or any councilmember who has a private interest in any matter pending before the city council shall disclose in writing 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 of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity. (c) No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit, except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (d) Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council. (e) Except as authorized by law, no member of the city council shall hold any other elective city office or be employed by any city or county government during the term for which elected.
SECTION 2.14. Boards, commissions, and authorities.
(a) All members of boards, commissions, and authorities of the city shall be appointed by the mayor subject to confirmation by the city council for such terms of office and such manner of appointment as provided by ordinance, except where other appointing authority,
3552
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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. (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 law of the State of Georgia. (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 or a judicial officer authorized to administer oaths. (e) Any member of a board, commission, or authority may be removed from office for cause by a vote of a majority of the councilmembers in accordance with state laws. (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 government 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 of the city. Each board, commission, or authority ofthe city government 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.
(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. 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 be not less than 24 hours nor more than 60 days apart. This requirement of two readings shall not apply to emergency ordinances, to ordinances passed during the first 90 days from the date on which the city begins operation, to ordinances adopted at the first business meeting of the city council in a calendar year, or to ordinances adopted at the first meeting of the initial city council as elected under subsection (b) of Section 2.02. 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:
GEORGIA LAWS 2008 SESSION
3553
(1) 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 Act 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. (d) 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 councilmembers. Such rules may include punishment for contemptuous behavior conducted in the presence of the city council.
SECTION 2.16. Submission of ordinances to the city clerk.
(a) Every ordinance, resolution, and other action adopted by the city council shall be presented to the city clerk within 15 days of its adoption or approval. The city clerk shall record upon the ordinance the date of its delivery from the city council. (b) An ordinance or resolution that has been passed by the city council shall become effective on the date the ordinance is passed by the city council or on such other date as may be specified in the ordinance.
ARTICLE III EXECUTIVE BRANCH
SECTION 3.01. Powers and duties of the mayor.
(a) The mayor shall: (I) Preside over all meetings of the city council; (2) Set the agenda for meetings of the city council after receiving input from members of the city council, the city manager, and the public; provided, however that an additional item shall be added to the agenda upon the written request of any member of the city council; (3) Serve as the ceremonial head of the city and as its official representative to federal, state, and local governmental bodies and officials; (4) Sign all orders, checks, and warrants for payment of money within a level of authorization as established by the city council; (5) Execute all contracts, deeds, and other obligations of the city within a level of authorization as established by the city council; (6) Vote in all matters before the city council as provided in Section 2.1 O(a) ofthis charter; (7) Make all appointments of city officers as provided by this charter, subject to confirmation by the city council;
3554
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(8) Serve in a part-time capacity and be compensated accordingly; and (9) Perform any other duties and exercise any other powers required by state or federal law or authorized by a duly adopted ordinance that is not in conflict with this charter. (b) The mayor shall have the authority to transfer appropriations within a department, fund, service, strategy or organizational unit but only with approval of the city council. (c) The mayor shall have the authority to certify that a supplemental appropriation is possible due to unexpected revenue increases but only with approval of the city council. (d) The mayor shall have all of the powers specifically granted to the mayor elsewhere in this charter regardless of whether such powers are enumerated in this Section 3.0 I.
SECTION 3.02. City manager; appointment and qualification.
The mayor shall appoint, subject to confirmation by the city council, an officer whose title shall be the "city manager." The city manager shall be appointed without regard to political beliefs and solely on the basis of his or her education and experience in the accepted competencies and practices of local government management.
SECTION 3.03. City manager; chief administrative officer.
The city manager shall be the chief administrative officer of the government of the city. 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.
SECTION 3.04. City manager; powers and duties enumerated.
The city manager shall have the power, and it shall be his or her duty to: (I) See that all Jaws and ordinances are enforced; (2) Appoint and employ all necessary employees of the city, provided that the power of this appointment shall not include officers and employees who by this charter are appointed or elected by the mayor and the city council or departments not under the jurisdiction of the city manager; (3) Remove employees appointed and employed under Section 3.04(2), 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;
GEORGIA LAWS 2008 SESSION
3555
(5) Attend all meetings of the city council, without a right to vote, but with a right to take part in the discussions as seen fit by the chair; provided, however, that regardless of the decision of the meeting chair the city manager may take part in any discussion and report on any matter requested and approved by the city council at such meeting. 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 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 the city manager's level of authorization as established by the city council 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) Sign all orders, checks, and warrants for payment of money within the city manager's level of authorization as established by the city council 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 such order, check, or warrant requiring a budget amendment shall be valid and binding until after approval of the city council; (10) 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; (11) Keep the city council at all times fully advised as to the financial condition and needs of the city; (12) Make a full written report to the city council on the fifteenth 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; (13) Fix all salaries and compensation of city employees in accordance with the city budget and the city pay and classification plan; and (14) Perform such other duties as may be prescribed by this charter or required by ordinance or resolution of the city council.
SECTION 3.05. City 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
3556
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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:
(I) 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 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 his or her removal. 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 is suspended in accordance with subsection (a) of this section or 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.
SECTION 3.07. Acting city manager.
(a) The mayor with the approval of the city council may appoint any person to exercise all powers, duties, and functions ofthe city manager during the city manager's suspension under Section 3.06(a), temporary absence from the city, or during the city manager's disability.
GEORGIA LAWS 2008 SESSION
3557
(b) In the event ofa vacancy in the office of city manager, the mayor may designate with the approval of the city council 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 appoint the city attorney(s) together with such assistant city attorneys as may be deemed appropriate subject to confirmation by the city council and shall provide for the payment of such attorney(s) for services rendered to the city. The rates or salary paid to any city attorney or assistant city attorney shall be approved in advance by the city council. The city attorney(s) 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(s) shall review all contracts of the city but shall not have the power to bind the city.
SECTION 3.09. City clerk.
The mayor may appoint a city clerk subject to confirmation by 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. Tax collector.
The mayor may appoint a tax collector subject to confirmation by the city council to collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of this charter and the ordinances of the city; and the tax collector shall diligently comply with and enforce all general laws of Georgia relating to the collection, sale, or foreclosure of taxes by municipalities.
SECTION 3.11. City accountant.
The mayor may appoint a city accountant subject to confirmation by the city council to perform the duties of an accountant.
3558
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 3.12. City internal auditor.
The city council shall appoint an internal auditor to audit the financial records and expenditures of city funds and to report the results of such audits in writing to the city council at times and intervals set by the city council but no less than quarterly. Such audit reports shall, at a minimum, identify all city expenditures and other financial matters that the internal auditor either determines are not in compliance with or cannot conclusively be determined to be in compliance with (a) the provisions of this charter, (b) the applicable city budget, and (c) applicable ordinances, resolutions, or other actions duly adopted or approved under the provisions of this charter.
SECTION 3.13. 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 3.14. 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 ofthe City of Dunwoody 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 MUNICIPAL COURT
SECTION 4.01. Creation.
There is established a court to be known as the Municipal Court of the City of Dunwoody which shall have jurisdiction and authority to try offenses against the laws and ordinances
GEORGIA LAWS 2008 SESSION
3559
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, 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 is desired or material in any proceeding before said court to go or move beyond the reach of the process of the court; to try all offenses within the territorial limits of the city constituting traffic cases which, under the laws ofGeorgia, are placed within the jurisdiction ofmunicipal 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(s).
(a) No person shall be qualified or eligible to serve as judge unless he or she shall have attained the age of28 years and shall have been a member of the State Bar of Georgia for a minimum of three years. The judge(s) shall be nominated by the mayor subject to approval by the city council. The compensation and number of the judges shall be fixed by the city
council. (b) The judge pro tempore shall serve as requested by the judge, shall have the same qualifications as the judge, shall be nominated by the mayor subject to approval 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 shall be removed 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.
3560
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 4.03. Convening.
The municipal 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 Dunwoody and for violation of its ordinances. The municipal court may fix punishment for offenses within its jurisdiction to the fullest extent allowed by state law. (b) The municipal court shall have authority to recommend to the city council for approval 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 to 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 Dunwoody, 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 of all 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 all of the judicial jurisdiction and judicial powers throughout the entire area of the City of Dunwoody granted by state laws generally to municipal courts, and particularly by such laws as authorize the abatement of nuisances.
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
GEORGIA LAWS 2008 SESSION
3561
the sanction of a judge of the Superior Court of DeKalb 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(s) 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 or 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 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.
(a) On or before a date fixed by the city council, but no later than the first day of the ninth month of the fiscal year currently ending, the city manager shall, after input, review and comment by the mayor, submit to the city council a proposed operating budget and capital budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor and 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 they may deem pertinent. The operating budget, capital 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.
3562
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) Beginning in the third year of the city's operation, the city manager and mayor are required to present to the city council a budget which is balanced in projected spending and revenues. (c) Prior to passage of the budget, the city council shall hold a special public hearing at which the budget will be presented and public comment on the budget will be solicited. The date, time and place of the special public hearing shall be announced no less than 30 days prior to the scheduled date for such hearing. (d) 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. When a supplemental appropriation is certified by the city manager to exist, these appropriations can be spent during the current fiscal year following passage of a supplemental appropriation ordinance.
SECTION 5.04. Action by city council on budget.
(a) The city council may amend the operating budget or capital budget proposed by the city manager in accordance with Section 5.03(a), except that the budget, as finally amended and adopted, must provide for all expenditures required by law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year; and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues constituting the fund availability of such fund. (b) The city council shall adopt a budget on or before the first day of the eleventh month of the fiscal year currently ending. If the city council fails to adopt the budget by the prescribed deadline, the operating budget and capital budget proposed by the mayor and city manager shall be adopted without further action by the city council.
SECTION 5.05. Procurement and property management.
No contract with the city shall be binding on the city unless it is in writing. The city council may adopt procedures for the authorization of certain contracts without city attorney review or city council approval. Absent the foregoing, no contract with the city shall be binding on the city unless:
(1) It is drawn or submitted and reviewed by the city attorney and, as a matter of course, is signed by the city attorney to indicate such drafting or review; and (2) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings.
GEORGIA LAWS 2008 SESSION
SECTION 5.06. Purchasing.
3563
The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city.
SECTION 5.o7. 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 5.08. Homestead exemption; freeze.
(a) As used in this section, 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 Dunwoody, including, but not limited to, ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Base year" means the taxable year immediately preceding the taxable year in which the exemption under this section is first granted to the most recent owner of such homestead. (3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended, with the additional qualification that it shall include not more than five contiguous acres of homestead property.
(b) Each resident of the City of Dunwoody is granted an exemption on that person's homestead from City of Dunwoody 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
3564
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of the City of Dunwoody, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Dunwoody, 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 Dunwoody, 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 Dunwoody, 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 only to taxable years 2009 through 2011. Unless renewed or extended by subsequent Act of the General Assembly, the exemption granted by subsection (b) of this section shall not apply to taxable year 2012 or any subsequent taxable year.
SECTION 5.09. Homestead exemption; senior citizens; disabled.
(a) As used in this section, the term: (I) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Dunwoody, 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) "Income" means Georgia taxable net income determined pursuant to Chapter 7 of Title 48 of the O.C.G.A., as amended, for state income tax purposes, except income shall not include income received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and such individual's spouse under the federal Social Security Act. Income from such sources in excess of such maximum amount shall be included as income for the purposes of this Act.
GEORGIA LAWS 2008 SESSION
3565
(4) "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 Dunwoody who is disabled or is a senior citizen is granted an exemption on that person's homestead from City of Dunwoody ad valorem taxes for municipal purposes in the amount of $14,000.00 of the assessed value of that homestead. The exemption granted by this subsection shall only be granted if that person's income, together with the income ofthe spouse who also occupies and resides at such homestead does not exceed $15,000.00 for the immediately preceding year. The value of that property in excess of such exempted amount shall remain subject to taxation.
(c)(l) In order to qualify for the exemption provided for in subsection (b) of this section as being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., as amended, certifying that in the opinion of such physician or physicians such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Such certificate or certificates shall constitute part 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 Dunwoody, or the designee thereof, giving the person's age, income, and such additional information relative to receiving such exemption as will enable the governing authority of the City of Dunwoody, 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 Dunwoody, 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 Dunwoody, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) ofthis 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.
3566
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 1, 2009.
SECTION 5.10. Homestead exemption; general.
(a) As used in this section, 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 Dunwoody, 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.
(b) Each resident of the City of Dunwoody is granted an exemption on that person's homestead from City of Dunwoody ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of Dunwoody, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Dunwoody, 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 Dunwoody, 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 0 .C .G.A., as amended. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such 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 Dunwoody, 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, 2009.
GEORGIA LAWS 2008 SESSION
3567
SECTION 5.11. Homestead exemption; surviving spouses.
(a) As used in this section. 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 Dunwoody, including, but not limited to 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) "Unremarried surviving spouse" of a member of the armed forces includes the unmarried widow or widower of a member of the armed forces who is receiving spousal benefits from the United States Department of Veterans Affairs.
(b) Any person who is a resident of the City of Dunwoody and who is an unremarried surviving spouse of a member of the armed forces of the United States, which member has been killed in or has died as a result of any war or armed conflict in which the armed forces of the United States engaged, whether under United States command or otherwise, shall be granted a homestead exemption from all City of Dunwoody ad valorem taxation for municipal purposes in the amount of the greater of $32,500.00 or the maximum amount which may be granted to a disabled veteran under Section 2102 of Title 38 of the United States Code, as amended. As of January I, 2006, the maximum amount which may be granted to a disabled veteran under Section 2102 of Title 38 of the United States Code, as amended, is $50,000.00. The exemption shall be on the homestead which the unremarried surviving spouse owns and actually occupies as a residence and homestead. In the event such surviving spouse remarries, such person shall cease to be qualified to continue the exemption under this Act effective December 31 of the taxable year in which such person remarries. The value ofall property in excess of such exemption granted to such unremarried surviving spouse shall remain subject to taxation. (c) In order to qualify for the exemption provided for in this Act, the unremarried surviving spouse shall furnish to the governing authority of the City of Dunwoody, or the designee thereof, documents from the Secretary of Defense evidencing that such unremarried surviving spouse receives spousal benefits as a result of the death of such person s spouse who as a member of the armed forces of the United States was killed or died as a result of a war or armed conflict while on active duty or while performing authorized travel to or from active duty during such war or armed conflict in which the armed forces of the United States engaged, whether under United States command or otherwise, pursuant to the Survivor Benefit Plan under Subchapter II of Chapter 73 of Title 10 of the United States Code or pursuant to any preceding or subsequent federal law which provides survivor benefits for spouses of members of the armed forces who were killed or who died as a result of any war or armed conflict. (d) An unremarried surviving spouse filing for the exemption under this section shall be required to file with the governing authority of the City of Dunwoody, or the designee
3568
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
thereof, information relative to marital status and other such information which the governing authority of the City of Dunwoody, or the designee thereof, deems necessary to determine eligibility for the exemption. Each unremarried surviving spouse shall file for the exemption only once with the governing authority of the City of Dunwoody, or the designee thereof. Once filed, the exemption shall automatically be renewed from year to year, except that the governing authority of the City of Dunwoody, or the designee thereof, may require annually that the holder of an exemption substantiate his or her continuing eligibility for the exemption. It shall be the duty of any person granted the homestead exemption under this section to notify the governing authority of the City of Dunwoody, or the designee thereof, in the event that person for any reason becomes ineligible for such exemption. (e) The exemption granted by this section shall be in lieu of and not in addition to any other exemption from ad valorem taxation for municipal purposes which is equal to or lower in amount than such exemption granted by this section. If the amount of any other exemption from ad valorem taxation for municipal purposes applicable to any resident qualifying under this section is greater than or is increased to an amount greater than the amount of the applicable exemption granted by this section, such other exemption shall apply and shall be in lieu of and not in addition to the exemption granted by this section. (f) The exemptions granted by this section shall apply to all tax years beginning on or after January I, 2009.
SECTION 5.12. Homestead exemption; one mill equivalent.
(a) As used in this section, the term: (I) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Dunwoody, 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.
(b) Each resident of the City of Dunwoody is granted an exemption on that person's homestead from City of Dunwoody ad valorem taxes for municipal purposes in an amount that provides the dollar equivalent of a one mill reduction of the millage rate applicable to the homestead property with respect to ad valorem taxes for municipal purposes for the taxable year. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of Dunwoody, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Dunwoody, or the designee thereof, to make a determination regarding the initial and continuing
GEORGIA LAWS 2008 SESSION
3569
eligibility of such owner for such exemption. The governing authority of the City of Dunwoody, 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 Dunwoody, 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.
(0 The exemption granted by subsection (b) of this section shall apply to all taxable years
beginning on or after January I, 2009.
ARTICLE VI GENERAL PROVISIONS.
SECTION 6.01. DeKalb County Special Services Tax District.
For the taxable years beginning on or after January 1, 2009, the adjusted ad valorem tax millage rate and amount for service charges or fees for district services for the Dunwoody special services tax district shall be zero percent. This section is enacted pursuant to the authority granted to the General Assembly under Section 1 of that local constitutional amendment providing that certain municipalities in DeKalb County shall constitute special services tax districts, Resolution Act. No. 168; House Resolution No. 715-1916; Ga. L. 1978, p. 2468, to control the subject matter of such local constitutional amendment. Municipal services provided by DeKalb County for the City of Dunwoody will be established through intergovernmental agreements or established as otherwise authorized by statute.
SECTION 6.02. Referendum and initial election.
(a) Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of DeKalb County shall call a special election for the purpose of submitting this Act to the qualified voters of the proposed City of Dunwoody for approval or rejection. The superintendent shall set the date of such election for the date of the general primary in
3570
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
2008. The superintendent shall issue the call for such election at least 30 days prior to the date thereof. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of DeKalb County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act incorporating the City of Dunwoody in DeKalb County according to the charter contained in the Act and the homestead exemptions
( ) NO described in the Act be approved?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect as provided in this charter, otherwise it shall be void and of no force and effect. The initial expense of such election shall be borne by DeKalb County. Within two years after the elections if the incorporation is approved, the City of Dunwoody shall reimburse DeKalb County for the actual cost of printing and personnel services for such election and for the initial election of the mayor and councilmembers pursuant to Section 2.02 of this charter. It shall be the duty of the superintendent to hold and conduct such election. It shall be his or her further duty to certify the result thereof to the Secretary of State. (b) For the purposes of the referendum election provided for in subsection (a) of this section and for the purposes of the special election of the City of Dunwoody to be held on the third Tuesday in September, 2008, the qualified electors of the City of Dunwoody shall be those qualified electors of DeKalb County residing within the corporate limits of the City of Dunwoody as described by Appendix A of this charter. At subsequent municipal elections, the qualified electors of the City of Dunwoody shall be determined pursuant to the authority of Chapter 2 of Title 21 of the O.C.G.A. known as the "Georgia Election Code." (c) Only for the purposes of holding and conducting the referendum election provided for by subsection (a) of this section and holding and conducting the special election of the City of Dunwoody to be held on the third Tuesday in September, 2008, the election superintendent of DeKalb County is vested with the powers and duties of the election superintendent of the City of Dunwoody and the powers and duties of the governing authority of the City of Dunwoody.
SECTION 6.03. Effective dates and transition. (a) The initial mayor and councilmembers shall take the oath of office the next business day after certification of the election of such officers, and by action of any four members of the governing authority may, prior to December 1, 2008, meet and take actions binding on the city. (b) A period oftime will be needed for an orderly transition of various government functions from DeKalb County to the City of Dunwoody. Accordingly there shall be a two-year transition period as allowed by law beginning at 12:01 A.M. on December 1, 2008.
GEORGIA LAWS 2008 SESSION
3571
(c) During such transition period, DeKalb County shall continue to provide within the territorial limits of the city all government services and functions which DeKalb County provided in 2008 and at the same actual direct cost and level of service, except to the extent otherwise provided in this section; provided, however, that upon at least 30 days' prior written notice to the governing authority of DeKalb County by the governing authority of City of Dunwoody, responsibility for any such service or function shall be transferred to the City of Dunwoody. The governing authority of the City of Dunwoody shall determine the date of commencement of collection of taxes, fees, assessments, fines and forfeitures, and other moneys within the territorial limits of the city and the date upon which the City of Dunwoody is considered removed from the special tax district. (d) During the transition period, the governing authority of the City of Dunwoody may generally exercise any power granted by this charter or general law, except to the extent that a power is specifically and integrally related to the provision of a governmental service, function, or responsibility not yet provided or carried out by the city. (e) During the transition period, all ordinances of DeKalb County shall remain applicable within the territorial limits ofthe city unless otherwise amended, repealed, or replaced by the City of Dunwoody. Any transfer ofjurisdiction to the City ofDunwoody during or at the end of the transition period shall not in and of itself abate any judicial proceeding pending in DeKalb County or the pending prosecution of any violation of any ordinance of DeKalb County. (f) During the transition period, the governing authority ofthe City of Dunwoody may at any time, without the necessity of any agreement by DeKalb County, commence to exercise its planning and zoning powers; provided, however, that the city shall give the county notice of the date on which the city will assume the exercise of such powers. Upon the governing authority ofthe City of Dunwoody commencing to exercise its planning and zoning powers, the Municipal Court of the City of Dunwoody shall immediately have jurisdiction to enforce the planning and zoning ordinances of the city. The provisions of this subsection shall control over any conflicting provisions of any other subsection of this section. (g) Effective upon the termination ofthe transition period, subsections (b) through (f) ofthis section shall cease to apply except for the last sentence of subsection (e) which shall remain effective. Effective upon the termination ofthe transition period, the City ofDunwoody shall be a full functioning municipal corporation and subject to all general laws of this state.
SECTION 6.04. Directory nature of dates.
It is the intention ofthe General Assembly that this Act be construed as directory rather than mandatory with respect to any date prescribed in this Act. If it is necessary to delay any action called for in this Act for providential cause, delay in securing approval under the federal Voting Rights Act, or any other reason, it is the intention of the General Assembly that the action be delayed rather than abandoned. Any delay in performing any action under
3572
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
this Act, whether for cause or otherwise, shall not operate to frustrate the overall intent ofthis Act. Without limiting the generality of the foregoing it is specifically provided that if it is not possible to hold the referendum election provided for in Section 6.02 of this Act on the date specified in that section, then such referendum shall be held as soon thereafter as is reasonably practicable but not later than 45 days after securing approval under the federal Voting Rights Act. If the referendum election provided for in Section 6.02 of this Act is conducted on or before August 7, 2008, the special election for the initial members of the governing authority shall be conducted on the date specified in Section 2.02 of this Act. If the referendum election provided for under Section 6.02 of this Act is conducted after August 7, 2008, then the special election for the initial members of the governing authority shall be held as soon thereafter as is reasonably practicable, and the commencement of the initial terms of office shall be delayed accordingly. If the first election provided for in Section 2.02 of this Act occurs after the Tuesday following the first Monday in November, 2008, the city council shall be authorized to delay the dates otherwise specified in Section 6.03 of this Act.
SECTION 6.05. Charter commission.
No later than five years after the inception of the City of Dunwoody, the mayor and the city council shall call for a charter commission to review the city's experience and recommend to the General Assembly any changes to the charter. Members of the charter commission shall be appointed as follows: one by the mayor, one by the city council, and one by each member of the Georgia House of Representatives or Senate whose district lies wholly or partially within the corporate boundaries of the city. All members of the charter commission must reside in the City ofDunwoody. The commission must complete the recommendations within the time frame required by the city council.
SECTION 6.06. 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 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.
GEORGIA LAWS 2008 SESSION
3573
SECTION 6.07. Effective date.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 6.08. Repealer.
All laws and parts of laws in conflict with this Act are repealed.
APPENDIX A LEGAL DESCRIPTION CORPORATE LIMITS CITY OF DUNWOODY, DEKALB COUNTY, GEORGIA
All that tract or parcel of land lying and being in the 6th and 18th Land Districts of DeKalb County, Georgia, and more particularly described as follows:
Beginning at the intersection ofthe north-south boundary ofthe 17th and 18th Land Districts with the northerly right-of-way of Interstate Highway 285, said highway having a right-of-way width of300 feet; thence proceeding northerly, 19,074 feet, more or less, along the boundary of the 17th and 18th Land Districts, said boundary also being the boundary of Fulton and DeKalb Counties, to a point, said point being the comer common to Land Lots 23 and 24 ofthe 17th Land District and Land Lots 378 and 384 of the 18th Land District; thence easterly, 138 feet, more or less, along the northern line of Land Lot 378 to a point, said line also being the boundary ofFulton and DeKalb Counties; thence southeasterly, 220 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being the southeast property corner of the tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 378 6 1; thence southeasterly, 208 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being on Lot 1 of the Weldstone Manor No. I Subdivision; thence southwesterly, 150 feet, more or Jess, along the boundary of Fulton and DeKalb Counties to a point, said point being a property comer of Lot 1 of the Weldstone Manor No. 1 Subdivision; thence southeasterly, 100 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being on Lot 11 ofthe Weldstone Manor No. I Subdivision; thence southeasterly, 75 feet, more or less, along the boundary of Fulton and DeKalb Counties crossing Spalding Drive, said drive having a 60 foot right-of-way width, to a point on the easterly right-of-way of Spalding Drive, said point being a property corner of Lot 8 of Spalding Estates No. 1 Subdivision; thence southeasterly, 30 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being a property comer of Lot 8 of Spalding Estates No. I
3574
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Subdivision; thence southeasterly, 90 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being on the northern property line of Lot 8 of Spalding Estates No. 1 Subdivision; thence northeasterly, 60 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being a corner of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 378 9 II 0; thence northeasterly, 459 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being a property corner of a parcel or tract ofland now or formerly known as DeKalb County Tax Parcell8 378 9 75; thence northeasterly, 669 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being a property corner of a tract or parcel ofland now or formerly known as DeKalb County Tax Parcell8 378 9 80 and on the northern line of Land Lot 378; thence easterly, 262 feet, more or less, along the northern line of Land Lot 378, said line also being the boundary of Fulton and DeKalb Counties, to a point, said point being a property corner of a tract or parcel of land now or formerly known as DeKalb County Tax Parcell8 384 I 7; thence northeasterly, 210 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being a corner on a tract or parcel of land now or formerly known as DeKalb County Tax Parcell8 384 I 8; thence northeasterly, 170 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being a corner on a tract or parcel of land now or formerly known as DeKalb.County Tax Parcel 18 384 I 8; thence northeasterly, 202 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being a corner of a tract or parcel of land now or formerly known as DeKalb County Tax Parcell8 384 I 17; thence northeasterly, 171 feet, more or less, along the boundary of Fulton and DeKalb County to a point, said point being on a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 384 4 5; thence northeasterly, 122 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being on a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 384 4 5; thence northeasterly, 225 feet, more or less, along the boundary of Fulton and DeKalb Counties crossing Whitehall Walk to a point, said point being a corner on a tract or parcel ofland now or formerly known as DeKalb County Tax Parcell8 384 5 7; thence easterly, 98 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being on a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 384 5 6; thence southeasterly, 197 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being on a tract or parcel of land now or formerly known as DeKalb County Tax Parcell8 384 55; thence northeasterly, 405 feet, more or less, along the boundary of Fulton and DeKalb Counties crossing Roberts Drive to a point, said point being the northwestern property corner of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 383 2 II; thence northeasterly, 320 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being a property corner of a tract or parcel of land now or formerly known as DeKalb County Tax Parcell8 383 2 I 0; thence northeasterly, 140 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being of the centerline of Dunwoody Club Drive,
GEORGIA LAWS 2008 SESSION
3575
said drive having a 50 foot right-of-way width; thence southeasterly, 2,15 6 feet, more or less, along the boundary of Fulton and DeKalb Counties, said boundary being parallel to and 25 feet southwest from the northern right-of-way of Dunwoody Club Drive, to a point, said point being the intersection of the boundary of the 6th and 18th Land District with the boundary of Fulton and DeKalb Counties; thence generally southeasterly, 4,230 feet, more or Jess, along the boundary of Fulton and DeKalb Counties, said boundary being parallel to and 20 feet southwest from the northern right-of-way of Dunwoody Club Drive, to a point, said point being the intersection of the boundary of Fulton and DeKalb County with Land Lot Line 340-353; thence generally southeasterly, 3,931 feet, more or less, along the boundary of Fulton and DeKalb Counties, said boundary contained within the right-of-way of Dunwoody Club Drive, to a point, said point being the intersection of the boundary of Fulton and DeKalb Counties with Land Lot Line 339-341; thence generally southeasterly, 1,967 feet, more or less, along the boundary of Fulton and DeKalb Counties, said boundary being parallel to and 20 feet southwest from the northern right-of-way of Dunwoody Club Drive, to a point, said point being the intersection of the boundary of Fulton and DeKalb Counties with Land Lot Line 338-339; thence generally southeasterly, 3,140 feet, more or less, along the boundary of Fulton and DeKalb Counties, said boundary being parallel to and 25 feet southwest from the northern right-of-way of Dunwoody Club Drive, to a point, said point being the intersection of the boundary of Fulton and DeKalb Counties with Land Lot Line 31 0-338; thence generally southeasterly, I ,460 feet, more or less, along the boundary of Fulton and DeKalb Counties, said boundary being parallel to and 30 feet southwest from the northerly right-of-way of Dunwoody Club Drive, to a point, said point being the intersection of the boundary of Fulton and DeKalb Counties with Land Lot Line 310-311; thence southeasterly, I, 182 feet, more or less, along the boundary of Fulton and DeKalb Counties, said boundary being parallel to and 30 southwest from the northerly right-of-way of Dunwoody Club Drive, to a point, said point being the intersection of the boundary of Fulton and DeKalb Counties with the centerline of Happy Hollow Road, said road having a 70 foot right-of-way width, thence northeasterly, 30 feet, more or less, along the centerline of Happy Hollow Road to a point; thence northeasterly, 40 feet, more or less, to a point, said point being the intersection of the northerly right-of-way of Dunwoody Club Drive with the easterly right-of-way ofHappy Hollow Road, said road having a 60 foot right-of-way;thence northeasterly, 511 feet, more or less, along the extended northern property line of a tract or parcel of land now or formerly know as DeKalb County Tax Parcel 6 311 I 2, said line also being the boundary of Fulton and DeKalb Counties, to a point, said point being a property corner of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel6 311 11; thence northeasterly, 676 feet, more or less, along the northern property line of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 6-311 1 1, said line also being the boundary of Fulton and DeKalb Counties, to a point, said point being a common boundary corner of Fulton, DeKalb and Gwinnett Counties; thence southeasterly, 471 feet, more or less, along the boundary of Gwinnett and DeKalb Counties to a point on the northern right-of-way of Dunwoody Club Creek, said creek drive having a 50 foot
3576
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
right-of-way width; thence southeasterly, 70 feet, more or less, crossing Dunwoody Club Creek along the boundary of Gwinnett and DeKalb Counties to a point on the southerly right-of-way of Dunwoody Club Creek, said point being the northeastern property corner of a tract of parcel of land now of formerly know as DeKalb County Tax Parcel 6 311 5 3; thence southeasterly, 381 feet, more or less, along the boundary of Gwinnett and DeKalb Counties to a point on the centerline of Dunwoody Club Drive; thence southeasterly, 510 feet, more or less, along the boundary of Gwinnett and DeKalb Counties to a point, said point being the intersection ofthe boundary ofGwinnett and DeKalb Counties with Land Lot Line 307-311; thence northeasterly, I ,30 I feet, more or less, along Land Lot Line 307-311, said line also being the boundary of Gwinnett and DeKalb Counties, to a point, said point being the corner common to Land Lots 306, 307, 311 and 312; thence southeasterly, 3,223 feet, more or less, along Line Lot Line 306-307, said line also being the boundary of Gwinnett and DeKalb Counties, to a point, said point being the corner common to Land Lots 280, 281, 306 and 307; thence southwesterly, I,909 feet, more or less, along Land Lot Line 280-307, said line also being the boundary of Gwinnett and DeKalb Counties, to a point; thence southeasterly, 3,404 feet, more or less, along the boundary of Gwinnett and DeKalb Counties to a point, said point being the intersection of the boundary of Gwinnett and DeKalb Counties with Land Lot Line 277-380; thence southeasterly, 1,870 feet, more or less, along the boundary of Gwinnett and DeKalb Counties to a point, said point being the intersection of the boundary ofGwinnett and DeKalb Counties with a control of access line for Peachtree Industrial Boulevard, said control of access line being parallel to and 75 feet northwesterly from the centerline of Peachtree Industrial Boulevard and also being a point in common on the City Limits of the cities of Dunwoody and Doraville; thence southwesterly, 2,000 feet, more or less, along the aforesaid control of access line ofPeachtree Industrial Boulevard to a point, said point being the intersection of the aforesaid control of access line with the boundary between the 6th and 18th Land Districts of DeKalb County; thence continuing southwesterly, I ,350 feet, more or less, along the aforesaid control of access line of Peachtree Industrial Boulevard to a point, said point being the intersection of the control of access line with Land Lot Line 341-356; thence westerly, 131 feet, more or less, along Land Lot Line 341-3 56 to a point, said point being the intersection of Land Lot Line 341-356 with the northerly right-of-way line of Peachtree Industrial Boulevard, said boulevard having a 250 foot right-of-way width; thence westerly, I ,490 feet, more or less, along Land Lot Line 341-356 to a point, said point being the corner common to Land Lots 341, 342, 355 and 356; thence westerly, 1,000 feet, more or less, along Land Lot Line 342-355 to a point, said point being the northeastern property corner of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 342 7 18; thence southeasterly, 405 feet, more or less, along the westerly right-of-way of Tilly Mill Road to a point, said point being the southeastern property corner of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 342 1 99; thence 730 feet, more or less, along the existing Doraville City Limit Line, said line lying within the right-of-way of Tilly Mill Road, to a point, said point; thence southwesterly, 50 feet, more or less, perpendicular
GEORGIA LAWS 2008 SESSION
3577
to the existing Doraville City Limit to a point, said point being a common property comer to tracts or parcels of land now or formerly known as DeKalb County Tax Parcels 18 342 1 65 and 66; thence generally southwesterly, 552 feet, more or less, along the centerline of Nancy Creek to a point, said point being the intersection of the centerline of Nancy Creek with southern property line of Chateau at Dunwoody Condominiums; thence westerly, 759 feet, more or less, along the southern property line of the Chateau at Dunwoody Condominiums to southwestern property comer of the Chateau at Dunwoody Condominiums; thence westerly, 667 feet, more or less, along the southerly property line of Phase 13 of the Dunwoody North Subdivision to the southeast comer of Lot Number 1 in Phase 2 of the Dunwoody North Subdivision; thence southeasterly, 130 feet, more or less, to a point, said point being the common property comer of Lot Numbers 24 and 25 in the McArthur Estates Subdivision; thence southwesterly, 474.8 feet, more or less, along the back property lines of Lots Lumbers 25 and 26 in the McArthur Estates Subdivision to the common corner of Lot Numbers 27 and 28 in the McArthur Estates Subdivision and a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 343 1 1; thence generally southeasterly, 1,177 feet, more or less, along the centerline of an unnamed creek tributary to Nancy Creek along the back property lines of Lot Number 40 through Lot Number 27 in McArthur Estates Subdivision to a point, said point being the intersection of the aforesaid creek with Land Lot Line 335-342; thence westerly, 944 feet, more or less, along Land Lot Line 335-342 to the common comer of Land Lots 334, 335, 342 and 343; thence southerly 701 feet, more or less, along Land Lot Line 334-335 to a point, said point being the intersection of Land Lot Line 334-3 35 with the northerly right-of-way of Interstate Highway 285, said interstate having a 300 foot right-of-way and limit of access width;thence southerly along Land Lot Line 334-335 across Interstate Highway to a point on the southerly right-of-way and limit of access oflnterstate Highway 285; thence generally northwesterly, 2,654 feet, more or less, along the southerly right-of-way and limit of access of Interstate Highway 285 and its extension to the centerline of North Peachtree Road, said North Peachtree Road centerline being 2,475.6 feet measured along the centerline of Interstate Highway 285 from the intersection of Land Lot Line 334-335 with the northerly right-of-way oflnterstate Highway 285; thence northeasterly, 130 feet, more or less, along the centerline of North Peachtree Road to a point, said point being the intersection of the aforesaid North Peachtree Road centerline with the southern limit of access for Interstate Highway 285 west of North Peachtree Road; thence westerly along the southern limit of access for Interstate Highway 285 to a point, said point being the intersection of the aforesaid limit of access with the centerline of Shallowford Road, said Shallowford Road centerline being 2,530.09 feet from the centerline of North Peachtree Road measured along the centerline of Interstate Highway 285; thence westerly along the southern limit of access of Interstate Highway 285 to a point, said point being the intersection of the aforesaid limit of access with the centerline ofChamblee Dunwoody Road, said Chamblee Dunwoody Road being 2,903.65 feet from the centerline of Shallowford Road measured along the centerline of Interstate Highway 285; thence generally southwesterly, 75 feet, more or less, along the centerline of Chamblee
3578
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Dunwoody Road to a point, thence westerly, 108 feet, more or less, to a point, said point being the beginning of the southerly right-of-way and limit of access for Interstate Highway 285 on the west of Chamblee Dunwoody Road; thence generally westerly along the southerly right-of-way and limit ofaccess oflnterstate Highway 285 to a point, said point being on the centerline of Ashford Dunwoody Road, said Ashford Dunwoody Road centerline being 7,23 8.73 feet from the centerline of Chamblee Dunwoody Road measured along the centerline of Interstate Highway 285; thence southwesterly, I00 feet, more or less, to a point, said point being the northeastern property comer of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 330 15 1; thence westerly, 340 feet, more or less, along the northern property line of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 330 15 1 to a point, said point being the northwestern property comer of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 330 15 1; thence westerly, 660 feet, more or less, to a point, said point being the northeastern property comer of a tract or parcel of land now or formerly known as DeKalb County Tax ParcellS 329 2 5; thence southwesterly, 2,048 feet, more or less, along the southerly right-of-way and limit of access oflnterstate Highway 285 to a point, said point being the intersection of the southerly right-of-way and limit of access of Interstate Highway 285 with the boundary of the 17th and 18th Land Districts, said Land District boundary being 3,034.24 feet from the centerline of Ashford Dunwoody Road measured along the centerline of Interstate Highway 285 and also the boundary of Fulton and DeKalb Counties; thence northerly, 322 feet, more or less, along the boundary of the 17th and 18th Land Districts to a point on the northern right-of-way of Interstate Highway 285, said highway having a 300 foot right-of-way width, said point being the point of beginning.
The above-described Corporate Limits for the proposed City of Dunwoody contains an area of 13.2 square miles, more or less, has a perimeter of 17 miles more or less, and are shown more fully on the map entitled Proposed City of Dunwoody, DeKalb County, Georgia, January 2007 prepared by Keck & Wood, Inc.
APPENDIX B - PART I LEGAL DESCRIPTION COUNCIL DISTRICT 1 LIMITS CITY OF DUNWOODY, DEKALB COUNTY, GEORGIA
All that tract or parcel of land lying and being in Land Lot 353 of the 6th Land District and LandLots329,345,346,347,348,349,350,351,352,362,363,364,365,366,367,375, 376,377,378,379,380,383 and 384 of the 18th Land Districts ofDeKalb County, Georgia, and more particularly described as follows:
Beginning at the intersection ofthe north-south boundary of the 17th and 18th Land Districts with the northerly right-of-way of Interstate Highway 285, said highway having a
GEORGIA LAWS 2008 SESSION
3579
right-of-way width of300 feet; thence proceeding northerly, 19,074 feet, more or less, along the boundary of the I 7th and 18th Land Districts, said boundary also being the boundary of Fulton and DeKalb Counties, to a point, said point being the comer common to Land Lots 23 and 24 of the 17th Land District and Land Lots 378 and 384 of the 18th Land District; thence easterly, 138 feet, more or less, along the northern line of Land Lot 378 to a point, said line also being the boundary of Fulton and DeKalb Counties; thence southeasterly, 220 feet, more or Jess, along the boundary of Fulton and DeKalb Counties to a point, said point being the southeast property comer of the tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 378 6 I; thence southeasterly, 208 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being on Lot I of the Weldstone Manor No. I Subdivision; thence southwesterly, 150 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being a property corner of Lot 1 of the Weldstone Manor No.1 Subdivision; thence southeasterly, 100 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being on Lot II of the Weldstone Manor No. I Subdivision; thence southeasterly, 75 feet, more or less, along the boundary of Fulton and DeKalb Counties crossing Spalding Drive, said drive having a 60 foot right-of-way width, to a point on the easterly right-of-way of Spalding Drive, said point being a property corner of Lot 8 of Spalding Estates No. 1 Subdivision; thence southeasterly, 30 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being a property comer of Lot 8 of Spalding Estates No. I Subdivision; thence southeasterly, 90 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being on the northern property line of Lot 8 of Spalding Estates No. 1 Subdivision; thence northeasterly, 60 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being a comer of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 378 9 II 0; thence northeasterly, 459 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being a property corner of a parcel or tract of land now or formerly known as DeKalb County Tax ParcellS 378 9 75; thence northeasterly, 669 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being a property comer of a tract or parcel ofland now or formerly known as DeKalb County Tax ParcellS 378 9 80 and on the northern line of Land Lot 378; thence easterly, 262 feet, more or less, along the northern line of Land Lot 378, said line also being the boundary of Fulton and DeKalb Counties, to a point, said point being a property corner of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 384 I 7; thence northeasterly, 210 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being a comer on a tract or parcel of land now or formerly known as DeKalb County Tax ParcellS 384 I 8; thence northeasterly, 170 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being a comer on a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 384 I 8; thence northeasterly, 202 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being a comer of a tract or parcel of land now or formerly known as DeKalb County Tax
3580
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Parcel 18 384 I 17; thence northeasterly, I 71 feet, more or less, along the boundary ofFulton and DeKalb County to a point, said point being on a tract or parcel of land now or formerly known as DeKalb County Tax ParcellS 384 4 5; thence northeasterly, 122 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being on a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 384 4 5; thence northeasterly, 225 feet, more or less, along the boundary of Fulton and DeKalb Counties crossing Whitehall Walk to a point, said point being a corner on a tract or parcel of land now or formerly known as DeKalb County Tax ParcellS 384 57; thence easterly, 98 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being on a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 384 5 6; thence southeasterly, 197 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being on a tract or parcel of land now or formerly known as DeKalb County Tax ParcellS 384 55; thence northeasterly, 405 feet, more or less, along the boundary of Fulton and DeKalb Counties crossing Roberts Drive to a point, said point being the northwestern property corner of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 383 2 II; thence northeasterly, 320 feet, more or less, along the boundary of Fulton and DeKalb Counties to a point, said point being a property corner of a tract or parcel of land now or formerly known as DeKalb County Tax Parcell8 383 2 10; thence northeasterly, 140 feet, more or less, along the boundary ofFulton and DeKalb Counties to a point, said point being of the centerline of Dunwoody Club Drive, said drive having a 50 foot right-of-way width; thence southeasterly, 2,156 feet, more or less, along the boundary of Fulton and DeKalb Counties, said boundary being parallel to and 25 feet southwest from the northern right-of-way of Dunwoody Club Drive, to a point, said point being the intersection of the boundary of the 6th and 18th Land District with the boundary of Fulton and DeKalb Counties; thence generally southeasterly, 2,000 feet, more or less, along the boundary of Fulton and DeKalb Counties, said boundary being parallel to and 20 feet southwest from the northern right-of-way of Dunwoody Club Drive, to a point, said point being the intersection of the boundary of Fulton and DeKalb County with the centerline ofWoodsong Trail, said trail having a 60 foot right-of-way width; thence generally southeasterly, I ,289 feet, more or less, along the centerline of Woodsong Trail to a point, said point being the intersection of the centerline of Woodsong Trail with the centerline of Woodsong Drive, said drive having a 60 foot right-of-way; thence generally southerly, 861 feet, more or less, along the centerline of Woodsong Drive to a point, said point being the intersection of the centerline of Woodsong Drive with the centerline of Barcroft Way, said way having a 50 foot right-of-way; thence generally southwesterly, 574 feet, more or less, along the centerline of Barcroft Way to a point, said point being the intersection of the centerline of Barcroft Way with the centerline ofWithmere Way, said way having a 50 foot right-of-way width; thence northwesterly, 285 feet, more or less, along the centerline of Withmere Way to a point, said point being the intersection of the centerline of Withmere Way with the centerline of Mount Vernon Way, said way having a 50 foot right-of-way width; thence southeasterly, 5,592 feet, more or less, along the centerline of Mount Vernon
GEORGIA LAWS 2008 SESSION
3581
Way to a point, said point being the intersection of the centerline of Mount Vernon Way with the centerline of Mount Vernon Road, said road having a 100 foot right-of-way width, thence generally westerly, 3,101 feet, more or less, along the centerline of Mount Vernon Road, said road having a 100 foot right-of-way width, to a point, said point being the intersection of the centerline of Mount Vernon Road with the centerline of Chamblee Dunwoody Road; thence southeasterly, 8,700 feet, more or less, along the centerline of Chamblee Dunwoody Road to a point, said point being the intersection of the centerline of Chamblee Dunwoody Road with the centerline Peeler Road to the northeast and Chamblee Dunwoody Road to the southwest; thence generally southerly, 3,214 feet, more or less, along the centerline of Chamblee Dunwoody Road to a point, said point being the intersection of the centerline of Chamblee Dunwoody Road with the northerly right-of-way of Interstate Highway 285; thence southwesterly, 875.9 feet, more or less, along the centerline of Chamblee Dunwoody Road crossing Interstate Highway 285 to a point, said point being the intersection of the centerline of Chamblee Dunwoody Road with the southerly right-of-way of Interstate Higheway 285; thence northwesterly, 50 feet, more or less, to a point, said point being a property corner of a tract or parcel of land now or formerly known as DeKalb County Tax ParcellS 345 4 3; thence northwesterly, 82 feet, more or less, along the property line of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 345 4 3 to a point on the southerly right or way of Interstate Highway 285, thence generally westerly along the southerly right-of-way and limit of access of Interstate Highway 285 to a point, said point being on the centerline of Ashford Dunwoody Road, said Ashford Dunwoody Road centerline being 7,238.73 feet from the centerline of Chamblee Dunwoody Road measured along the centerline of Interstate Highway 285; thence southwesterly, 100 feet, more or less, to a point, said point being the northeastern property corner of a tract or parcel ofland now or formerly known as DeKalb County Tax Parcel 18 330 15 I; thence westerly, 340 feet, more or less, along the northern property line of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 330 15 1 to a point, said point being the northwestern property corner of a tract or parcel of land now or formerly known as DeKalb County Tax ParcellS 330 15 I; thence westerly, 660 feet, more or less, to a point, said point being the northeastern property corner of a tract or parcel of land now or formerly known as DeKalb County Tax ParcellS 329 2 5; thence southwesterly, 2,048 feet, more or less, along the southerly right-of-way and limit of access oflnterstate Highway 285 to a point, said point being the intersection of the southerly right-of-way and limit of access of Interstate Highway 285 with the boundary of the 17th and 18th Land Districts, said Land District boundary being 3,034.24 feet from the centerline of Ashford Dunwoody Road measured along the centerline of Interstate Highway 285 and also the boundary of Fulton and DeKalb Counties; thence northerly, 322 feet, more or less, along the boundary of the 17th and 18th Land Districts to a point on the northern right-of-way of Interstate Highway 285, said highway having a 300 foot right-of-way width, said point being the point of beginning. !
3582
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
The above-described Council District Number I Limits for the proposed City of Dunwoody contains an area of4.9 square miles more or less, with a perimeter of 12.0 miles more or less.
APPENDIX B- PART 2 LEGAL DESCRIPTION COUNCIL DISTRICT 2 LIMITS CITY OF DUNWOODY, DEKALB COUNTY, GEORGIA
All that tract or parcel of land lying and being in Land Lots 339, 340, 341 and 353 of the 6th Land District and Land Lots 343,344,345,352,353,354,359,360,361, 362,363,366, 367, 368, 369, 370, 372, 373, 374, 375, 380, 381 and 382 of the 18th Land Districts of DeKalb County, Georgia, and more particularly described as follows:
Beginning at the intersection of the northerly right-of-way oflnterstate Highway 285 with the centerline of Chamblee Dunwoody Road; thence proceeding generally northerly, 3,214 feet, more or less, along the centerline of Chamblee Dunwoody Road to a point, said point being the intersection of the centerline of Chamblee Dunwoody Road with the centerline of Peeler Road to the north and Chamblee Dunwoody Road to the west; thence northwesterly, 8,700 feet, more or less, along the centerline of Chamblee Dunwoody Road to a point, said point being the intersection ofthe centerline of Chamblee Dunwoody Road with the centerline ofMount Vernon Road, said road having a I00 foot right-of-way width; thence generally easterly, 3,101 feet, more or less, along the centerline of Mount Vernon Road to a point, said point being the intersection of the centerline of Mount Vernon Road with the centerline of Mount Vernon Way, said way having a 50 foot right-of-way width; thence northwesterly, 5,592 feet, more or less, along the centerline of Mount Vernon Way to a point, said point being the centerline of Mount Vernon Way with the centerline of Withmere Way, said way having a 50 foot right-of-way width; thence southeasterly, 285 feet, more or less, along the centerline of Withmere Way to a point, said point being the intersection of the centerline ofWithmere Way with the centerline of Barcroft Way, said way having a 50 foot right-of-way width; thence generally northeasterly, 574 feet, more or less, along the centerline of Barcroft Way to a point, said point being the intersection of the centerline ofBarcroft Way with the centerline ofWoodsong Drive, said drive having a 60 foot right-of-way width; thence generally northerly, 861 feet, more or less, along the centerline of Woodsong Drive to a point, said point being the intersection of the centerline of Woodsong Drive with the centerline of Woodsong Trail; thence northwesterly, I ,289 feet, more or less, along the centerline ofWoodsong Trail to a point, said point being the intersection of the centerline of Woodsong Trail with boundary of Fulton and DeKalb Counties, said boundary being parallel to and 20 feet northeast of the from the northern right-of-way of Dunwoody Club Drive; thence generally southeasterly, 2,229 feet, more or less, along the boundary ofFulton and DeKalb Counties, said boundary being parallel to and 20 feet southwest from the northern right-of-way of Dunwoody Club Drive, to a point, said point being the intersection of the boundary of Fulton and DeKalb
GEORGIA LAWS 2008 SESSION
3583
County with Land Lot Line 340-353; thence generally southeasterly, 3,931 feet, more or less, along the boundary of Fulton and DeKalb Counties, said boundary contained within the right-of-way of Dunwoody Club Drive, to a point, said point being the intersection of the boundary of Fulton and DeKalb Counties with Land Lot Line 339-341; thence generally southeasterly, 1,787 feet, more or less, along the boundary of Fulton and DeKalb Counties, said boundary being parallel to and 20 feet southwest from the northern right-of-way of Dunwoody Club Drive, to a point, said point being the intersection of the boundary of Fulton and DeKalb Counties with the centerline of Mount Vernon Road, said road having a 100 foot right-of-way width; thence southwesterly, 651 feet, more or less, along the centerline of Mount Vemon Road to a point, said point being the intersection of the centerline of Mount Vernon Road with the centerline of North Peachtree Road, said road having a 100 foot right-of-way; thence southeasterly, 1,411 feet, more or less, along the centerline of North Peachtree Road to a point, said point being the intersection of the centerline ofNorth Peachtree Road with the boundary of the 6th and 18th Land Districts; thence southeasterly, 1,470 feet, more or less, along the centerline of North Peachtree Road to a point, said point being the intersection of the centerline of North Peachtree Road with Land Lot Line 370-372; thence generally southerly, 3,692 feet, more or less, along the centerline of North Peachtree Road to a point, said point being the intersection of the centerline of North Peachtree Road with Land Lot Line 359-370; thence generally southerly, 2,852 feet, more or less, along the centerline ofN orth Peachtree Road to a point, said point being the intersection of the centerline of North Peachtree Road with Land Lot Line 354-359; thence generally southerly, 3,326 feet, more or less, along the along the centerline of North Peachtree Road to a point, said point being the intersection of the centerline of North Peachtree Road with :Land Lot Line 343-354; thence southerly, 2,214 feet, more or less, along the centerline ofNorth Peachtree Road to a point, said point being the intersection of the centerline ofN orth Peachtree Road with the northerly limit of access of Interstate Highway 285 west of North Peachtree Road; thence southwesterly, 450 feet, more or less, along the centerline of North Peachtree Road crossing Interstate Highway 285 to a point, said point being the intersection of the centerline of North Peachtree Road with the southerly limit of access oflnterstate Highway 285 west of North Peachtree Road; thence westerly along the southern limit of access for Interstate Highway 285 to a point, said point being the intersection of the aforesaid limit of access with the centerline of Shallowford Road, said Shallowford Road centerline being 2,530.09 feet from the centerline of North Peachtree Road measured along the centerline oflnterstate Highway 285; thence westerly along the southern limit of access oflnterstate Highway 285 to a point, said point being the intersection of the aforesaid limit of access with the centerline of Chamblee Dunwoody Road, said Chamblee Dunwoody Road being 2,903.65 feet from the centerline of Shallow ford Road measured along the centerline of Interstate Highway 285; thence generally northeasterly, 700 feet, more or less, along the centerline of Chamblee Dunwoody Road to a point, said point being the beginning.
3584
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
The above-described Council District Number 2 Limits for the proposed City ofDunwoody contains an area of 4. 7 square miles, more or less, with a perimeter of I 0.2 miles more or less.
APPENDIX 8- PART 3 LEGAL DESCRIPTION COUNCIL DISTRICT 3 LIMITS CITY OF DUNWOODY, DEKALB COUNTY, GEORGIA
All that tract or parcel of land lying and being in Land Lots 277, 278, 279, 280, 307, 308, 309, 310, 311, 338 and 339 of the 6th Land District and Land Lots 334, 342, 343, 354, 355, 356,358,359,370,371, and 372 of the 18th Land Districts ofDeKalb County, Georgia, and more particularly described as follows:
Beginning at the intersection of the northerly limit of access of Interstate Highway 285 west of North Peachtree Road with the centerline of North Peachtree Road; thence proceeding northerly, 2,214 feet, more or less, along the centerline of North Peachtree Road to a point, said point being the intersection of the centerline ofNorth Peachtree Road with Land Lot Line 343-354; thence northerly, 3,326 feet, more or less, along the centerline of North Peachtree Road to a point, said point being the intersection of the centerline of North Peachtree Road with Land Lot Line 354-359; thence generally northerly, 2,852 feet, more or less, along the centerline of North Peachtree Road to a point, said point being the intersection of the centerline of North Peachtree Road with Land Lot Line 359-3 70; thence northerly, 3,692 feet, more or less, along the centerline ofNorth Peachtree Road to a point, said point being the centerline of North Peachtree Road with Land Lot Line 370-372; thence northwesterly, 1,470 feet, more or less, along the centerline of North Peachtree Road to a point, said point being the intersection of the centerline ofNorth Peachtree Road with the boundary of the 6th and 18th Land Districts; thence northwesterly, 1,411 feet, more or less, along the centerline of North Peachtree Road to a point, said point being the intersection ofthe centerline ofNorth Peachtree Road with the centerline ofMount Vernon Road; thence northeasterly, 651 feet, more or less, along the centerline of Mount Vernon Road to a point, said point being the intersection of the centerline of Mount Vernon Road with the boundary ofFulton and DeKalb Counties; thence generally southeasterly, 180 feet, more or less, along the boundary of Fulton and DeKalb Counties, said boundary being parallel to and 20 feet southwest from the northern right-of-way of Dunwoody Club Drive, to a point, said point being the intersection of the boundary of Fulton and DeKalb Counties with Land Lot Line 338-339; thence generally southeasterly, 3,140 feet, more or less, along the boundary of Fulton and DeKalb Counties, said boundary being parallel to and 25 feet southwest from the northern right-of-way of Dunwoody Club Drive, to a point, said point being the intersection of the boundary of Fulton and DeKalb Counties with Land Lot Line 310-338; thence generally southeasterly, 1,460 feet, more or less, along the boundary of Fulton and DeKalb Counties, said boundary being parallel to and 30 feet southwest from
GEORGIA LAWS 2008 SESSION
3585
the northerly right-of-way of Dunwoody Club Drive, to a point, said point being the intersection of the boundary of Fulton and DeKalb Counties with Land Lot Line 310-311; thence southeasterly, I, 182 feet, more or less, along the boundary of Fulton and DeKalb Counties, said boundary being parallel to and 30 southwest from the northerly right-of-way of Dunwoody Club Drive, to a point, said point being the intersection of the boundary of Fulton and DeKalb Counties with the centerline of Happy Hollow Road, said road having a 70 foot right-of-way width, thence northeasterly, 30 feet, more or less, along the centerline of Happy Hollow Road to a point; thence northeasterly, 40 feet, more or less, to a point, said point being the intersection of the northerly right-of-way of Dunwoody Club Drive with the easterly right-of-way of Happy Hollow Road, said road having a 60 foot right-of-way; thence northeasterly, 511 feet, more or less, along the extended northern property line of a tract or parcel of land now or formerly know as DeKalb County Tax Parcel 6 311 1 2, said line also being the boundary of Fulton and DeKalb Counties, to a point, said point being a property corner of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel6 311 I I; thence northeasterly, 676 feet, more or less, along the northern property line of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 6-311 I I, said line also being the boundary of Fulton and DeKalb Counties, to a point, said point being a common boundary corner of Fulton, DeKalb and Gwinnett Counties; thence southeasterly, 471 feet, more or less, along the boundary of Gwinnett and DeKalb Counties to a point on the northern right-of-way of Dunwoody Club Creek, said creek drive having a 50 foot right-of-way width; thence southeasterly, 70 feet, more or less, crossing Dunwoody Club Creek along the boundary of Gwinnett and DeKalb Counties to a point on the southerly right-of-way of Dunwoody Club Creek, said point being the northeastern property corner of a tract of parcel of land now of formerly know as DeKalb County Tax Parcel 6 311 5 3; thence southeasterly, 381 feet, more or less, along the boundary of Gwinnett and DeKalb Counties to a point on the centerline of Dunwoody Club Drive; thence southeasterly, 510 feet, more or less, along the boundary of Gwinnett and DeKalb Counties to a point, said point being the intersection of the boundary of Gwinnett and DeKalb Counties with Land Lot Line 307-311; thence northeasterly, 1,301 feet, more or less, along Land Lot Line 307-311, said line also being the boundary of Gwinnett and DeKalb Counties, to a point, said point being the corner common to Land Lots 306, 307, 311 and 312; thence southeasterly, 3,223 feet, more or less, along Line Lot Line 306-307, said line also being the boundary of Gwinnett and DeKalb Counties, to a point, said point being the comer common to Land Lots 280, 281, 306 and 307; thence southwesterly, I ,909 feet, more or less, along Land Lot Line 280-307, said line also being the boundary of Gwinnett and DeKalb Counties, to a point; thence southeasterly, 3,404 feet, more or less, along the boundary of Gwinnett and DeKalb Counties to a point, said point being the intersection of the boundary of Gwinnett and DeKalb Counties with Land Lot Line 277-380; thence southeasterly, I ,870 feet, more or less, along the boundary of Gwinnett and DeKalb Counties to a point, said point being the intersection of the boundary of Gwinnett and DeKalb Counties with a control of access line for Peachtree
3586
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Industrial Boulevard, said control of access line being parallel to and 75 feet northwesterly from the centerline of Peachtree Industrial Boulevard and also being a point in common on the City Limits of the cities of Dunwoody and Doraville; thence southwesterly, 2,000 feet, more or less, along the aforesaid control of access line of Peachtree Industrial Boulevard to a point, said point being the intersection of the aforesaid control of access line with the boundary between the 6th and 18th Land Districts of DeKalb County; thence continuing southwesterly, 1,350 feet, more or less, along the aforesaid control of access line of Peachtree Industrial Boulevard to a point, said point being the intersection of the control of access line with Land Lot Line 341-356; thence westerly, 131 feet, more or less, along Land Lot Line 341-356 to a point, said point being the intersection of Land Lot Line 341-356 with the northerly right-of-way line of Peachtree Industrial Boulevard, said boulevard having a 250 foot right-of-way width; thence westerly, I ,490 feet, more or less, along Land Lot Line 341-356 to a point, said point being the comer common to Land Lots 341, 342, 355 and 356; thence westerly, 1,000 feet, more or less, along Land Lot Line 342-355 to a point, said point being the northeastern property corner of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 342 7 18; thence southeasterly, 405 feet, more or less, along the westerly right-of-way of Tilly Mill Road to a point, said point being the southeastern property corner of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 342 1 99; thence 730 feet, more or less, along the existing Doraville City Limit Line, said line lying within the right-of-way of Tilly Mill Road, to a point, said point; thence southwesterly, 50 feet, more or less, perpendicular to the existing Doraville City Limit to a point, said point being a common property corner to tracts or parcels of land now or formerly known as DeKalb County Tax Parcels 18 342 1 65 and 66; thence generally southwesterly, 552 feet, more or less, along the centerline of Nancy Creek to a point, said point being the intersection of the centerline of Nancy Creek with southern property line of Chateau at Dunwoody Condominiums; thence westerly, 759 feet, more or less, along the southern property line of the Chateau at Dunwoody Condominiums to southwestern property comer of the Chateau at Dunwoody Condominiums; thence westerly, 667 feet, more or less, along the southerly property line of Phase 13 of the Dunwoody North Subdivision to the southeast corner of Lot Number I in Phase 2 of the Dunwoody North Subdivision; thence southeasterly, 130 feet, more or less, to a point, said point being the common property corner of Lot Numbers 24 and 25 in the McArthur Estates Subdivision; thence southwesterly, 474.8 feet, more or less, along the back property lines of Lots Lumbers 25 and 26 in the McArthur Estates Subdivision to the common corner of Lot Numbers 27 and 28 in the McArthur Estates Subdivision and a tract or parcel of land now or formerly known as DeKalb County Tax Parcel 18 343 I I; thence generally southeasterly, I ,177 feet, more or less, along the centerline of an unnamed creek tributary toNancy Creek along the back property lines of Lot Number 40 through Lot Number 27 in McArthur Estates Subdivision to a point, said point being the intersection ofthe aforesaid creek with Land Lot Line 335-342; thence westerly, 944 feet, more or less, along Land Lot Line 335-342 to the common corner of Land Lots 334, 335, 342 and 343;
GEORGIA LAWS 2008 SESSION
3587
thence southerly 701 feet, more or less, along Land Lot Line 334-335 to a point, said point being the intersection of Land Lot Line 334-335 with the northerly right-of-way of Interstate Highway 285, said interstate having a 300 foot right-of-way and limit of access width; thence southerly along Land Lot Line 334-335 across Interstate Highway to a point on the southerly right-of-way and limit of access of Interstate Highway 285; thence generally northwesterly, 2,654 feet, more or less, along the southerly right-of-way and limit of access oflnterstate Highway 285 and its extension to the centerline of North Peachtree Road, said North Peachtree Road centerline being 2,475.6 feet measured along the centerline oflnterstate Highway 285 from the intersection of Land Lot Line 334-335 with the northerly right-of-way of Interstate Highway 285; thence northerly, 520 feet, more 01 less, along the centerline of North Peachtree Road crossing Interstate Highway 285 to ~ point, said point being the intersection of the northerly limit of access of Interstatt Highway 285 west of North Peachtree Road with the centerline of North Peachtree Roa( and the point of beginning.
The above-described Council District Number 3 Limits for the proposed City ofDunwoodJ contains an area of 3.6 square miles, more or less, with a perimeter of 10.1 miles more 01 less.
APPENDIX C
CERTIFICATE AS TO MINIMUM STANDARDS FOR INCORPORATION OF A NEW MUNICIPAL CORPORATION
I, Senator Dan Weber, Georgia State Senator from the 40th District and the author of this bill introduced at the 2007 session of the General Assembly of Georgia, which grants an original municipal charter to the City of Dunwoody, do hereby certify that this bill is in compliance with the minimum standards required by Chapter 31 of Title 36 of the O.C.G .A. in that the area embraced within the original incorporation in this bill is in all respects in compliance with the minimum standards required by Chapter 31 of Title 36 of the O.C.G .A.
This certificate is executed to conform to the requirements of Code Section 36-31-5 of the O.C.G.A.
So certified this 29th day of Jan, 2007.
s/ Dan Weber Honorable Dan Weber Senator, 40th District Georgia State Senate
3588
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 incorporate the new City of Dunwoody in DeKalb County; to provide for incorporation, boundaries, and powers of the city; to provide for general and particular powers and limitations on powers; to provide for a governing authority, officers, departments, agencies, operation, administration, judiciary, finance, revenue, and taxation in general and homestead exemptions in particular; to provide for one or more elections; to provide for other related matters; and for other purposes.
This lOth day of January, 2007
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Daniel J. Weber, who on oath deposes and says that he is the Senator from District 40 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 January 18, 2007, and that the notice requirements of Code Section 28-1-14 have been met.
s/ DANIEL J. WEBER Daniel J. Weber Senator, District 40
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 March 25, 2008.
GEORGIA LAWS 2008 SESSION
VALDOSTA-LOWNDES COUNTY PARKS AND RECREATION AUTHORITY- CREATION.
3589
No. 386 (Senate Bill No. 524).
AN ACT
To create the Valdosta-Lowndes County Parks and Recreation Authority and to authorize such Authority to provide parks and recreation services throughout Lowndes County; to provide for the membership and for the appointment of members of the authority; to define relevant terms; to confer powers to acquire, own, construct, develop, provide, maintain and operate parks, playgrounds, recreation and athletic centers and facilities, and other parks and recreational facilities of all kinds; to confer powers to develop and provide recreational programs, activities, and services; to provide for employment of parks and recreation directors, supervisors, superintendents, playground leaders, maintenance personnel, administrative personnel, and other personnel necessary for such purpose; to confer powers to acquire, construct, equip, maintain, and operate athletic and recreational centers, facilities, and areas, including, but not limited to, playgrounds, parks, swimming pools, diving and wading pools, hiking and camping areas and facilities, picnicking areas and facilities, lakes and ponds, tennis courts, athletic fields, athletic facilities and courts, fishing and boating facilities, skate boarding facilities, bike trails, club houses, gymnasiums, stadiums, auditoriums and amphitheatres, recreation centers and facilities, youth centers, lands for open spaces, senior citizen centers, golfcourses, equestrian facilities, and the usual and convenient facilities, buildings, improvements, machinery, and equipment appertaining thereto and any and all extensions, additions and improvements of such facilities; to acquire parking, concession, and dining facilities and other property of any nature whatsoever deemed by the authority to be necessary, convenient, or desirable in connection therewith; to acquire the necessary property therefor, both real and personal; and to lease, buy, and sell any or all of such facilities, including real and personal property; to confer powers and to impose duties on the authority; to authorize the authority to acquire by deed title to such recreational facilities, to contract with others pertaining to such recreational facilities, to execute leases on such facilities, to convey title to real property of the authority, and to do all things deemed necessary or convenient for the operation of such undertakings; to authorize the authority to lease such facilities to other political subdivisions, which leases shall obligate the lessees to make payment for the use of such facilities for the term thereof and to pledge to that purpose revenues derived from taxation; to provide that no debt of Lowndes County, the municipalities located therein, 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
3590
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 budgets and procedures in connection therewith; to provide for audits; to provide for funding; to provide for personnel; to provide for conveyance of property upon dissolution; to provide for bonding limitations; to provide for construction of this Act; to provide for related matters; to provide for activation of the authority; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "Valdosta-Lowndes County Parks and Recreation Authority Act."
SECTION 2. (a) There is created a body corporate and politic to be known as the Valdosta-Lowndes County 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, complain and defend in all courts of law and equity, except that the authority shall in no event be liable for any torts committed by any of the respective 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, 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 Lowndes County and its legal situs or residence for the purposes of this Act shall be Lowndes County. The scope of the authority's operation shall be limited to the territory embraced within Lowndes 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 owned or operated by the authority as provided under the provisions of this Act. (b) The authority shall consist of seven members, with three members to be appointed by a majority vote of the Board of Commissioners of Lowndes County, one of whom may be a member of such governing authority; three members to be appointed by a majority vote of the mayor and council of the City of Valdosta, one of whom may be a member of such governing authority; and one member to be appointed by the Board of Commissioners of Lowndes County and the mayor and council of the City of Valdosta on an alternating basis, first by the board of commissioners and then by the mayor and council. The county manager
GEORGIA LAWS 2008 SESSION
3591
for Lowndes County and the city manager for the City of Valdosta shall be non-voting ex officio members of the authority. (c) The terms of the membership of the authority members shall be as follows: the initial alternating member appointed by Lowndes County, one of Lowndes County's initial three appointees, and one of the City of Valdostas initial three appointees shall serve a term to expire June 30,2011. One of Lowndes County's initial three appointees and one of the City of Valdosta's initial three appointees shall serve a term to expire June 30, 2010. One of Lowndes County's initial three appointees and one of the City of Valdosta's initial three appointees shall serve a term to expire June 30, 2012. Thereafter, all appointees shall serve a term of three years. Members may succeed themselves in office. If a member of a governing authority of Lowndes County or the City of Valdosta is appointed as a member of the authority, his or her term shall terminate at the end of his or her term of office on the governing authority or upon his or her ceasing to be a member of the governing authority. Such person may be reappointed as a member of the authority. To be eligible for membership on the authority, a person must be 21 years of age, must have been a resident of Lowndes County for at least two years, and must reside in Lowndes County during his or her membership. (d) The members of the authority shall enter upon their duties immediately upon their appointment. (e) The office of any member of the authority shall be declared vacant upon a determination by the members of the appointing governing authority that such authority member has been, while in office, arrested for or convicted ofa felony, a misdemeanor ofa high and aggravated nature, or a crime involving moral turpitude or is found by the appointing governing authority to have moved such member's residence from Lowndes County during such member's term of office. The appointing governing authority shall be authorized to remove from office any member of the authority appointed by such governing authority by a two-thirds vote in the event that such member of the authority is found to be guilty of misfeasance or malfeasance in office, is found to have failed to attend three or more successive regular meetings of the authority without a reasonable excuse approved by a resolution of the authority, or who is found to have engaged in actions or activities which are determined by the appointing governing authority to have been detrimental to the carrying out of the duties and obligations of the authority. (f) Any vacancy on the authority shall be filled within 60 days by appointment by a majority vote ofthe governing authority that had appointed the authority member whose resignation, removal, or ineligibility resulted in such vacancy. The person so appointed shall serve for the remainder of the unexpired term. (g) Each July, the authority shall elect one of its members as chairperson and one of its members as vice chairperson, and it shall also elect a secretary and a treasurer or a secretary-treasurer, each of whom may be a member or a nonmember of the authority. Such officers shall serve a term of one year beginning July I of each calendar year and ending
3592
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
June 30 of the following calendar year, or until their successors are duly elected and qualified. (h) The authority shall meet at least monthly for the transaction of business. The authority may convene in special meetings on the call of the chairman. If the chairman is unable or fails to call a special meeting upon request of an authority member, the authority may convene a special meeting upon call by a majority of its members. (i) A majority of the members of the authority shall constitute a quorum, but no action may be taken by the members ofthe authority without the affirmative vote of a majority of the full membership 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. (j) The authority shall make bylaws and other rules and regulations for its own governance, which may include the use of Robert's Rules of Order, and may amend such rules and regulations by, a two-thirds majority vote ofthe authority. The authority may delegate to one or more of its officers, agents, or employees such powers and duties as may be deemed necessary and proper. The authority shall have perpetual existence. (k) The members of the authority shall receive no compensation for their services but shall be reimbursed from any available funds for their actual and necessary expenses incurred in the performance of their duties. (I) No member ofthe authority shall have, directly or indirectly, any financial interest, profit, or benefit in any contract, work, or business of the authority nor in the sale, lease, or purchase of any property to or from the authority unless:
(I) Any interest, profit, or benefit by such member is disclosed in advance to the other members of the authority and is recorded in the minutes of the authority; (2) That no member having any such interest, profit, or benefit may be present during that portion ofan authority meeting when such contract, work, business, sale, lease, or purchase is being discussed; and (3) That no member having such interest, profit, or benefit may participate in any decision of the authority relating to such matter. As used in this section, an "interest, profit, or benefit" shall mean any interest which reasonably may be expected to result in a direct financial benefit to such member as determined by the authority, which determination shall be final and not subject to review. (m) All meetings of the authority shall be open to the public to the extent provided in Chapter 14 of Title 50 of the O.C.G.A.
SECTION 3. (a) As used in this Act, the term:
(I) "Authority" shall mean the Valdosta-Lowndes County Parks and Recreation Authority created in Section 2 of this Act. (2) "Cost of the project" shall mean and include:
(A) All costs of construction, purchase, lease, or other forms of acquisition;
GEORGIA LAWS 2008 SESSION
3593
(B) All costs of real property and any interest therein or thereto incurred in connection with a project including, without limitation, land, improvements, franchises, easements, water rights, fees, permits, approvals, licenses, and the securing thereof and applying
therefore; (C) All costs of personal property and any interest therein or thereto incurred in connection with a project including, without limitation, furniture, machinery, equipment, initial fuel, and other supplies; (D) Financing charges and interest prior to and during construction and for such additional period as the authority may reasonably determine to be necessary or desirable in order to place such project in operation; (E) Costs of engineering, architectural, fiscal, and legal services; (F) Cost of plans and specifications and all other expenses necessary or incidental to the acquisition, construction, or equipping of any project or to determining the feasibility or practicability of any project; (G) Fees paid to fiscal agents for financial and other advice or supervision; and (H) Cost of administrative services and such other expenses as may be necessary or incident to the financing authorized by this Act. (I) The cost of a project may also include the payment of any loan made for the advance payment of any part of such cost, including interest thereon, and the costs of funding any debt service reserve or other reserves as may be reasonably required by the authority with respect to the financing or operation of any project. Any obligation or expense incurred for any ofthe purposes outlined in this paragraph shall be regarded as part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds, notes, or other obligations of the authority issued pursuant to this Act. (3) "Project" shall mean and include the acquisition, construction, installation, modification, renovation, rehabilitation, equipping, maintenance, and operation of parks and athletic and recreation centers, facilities, and areas of any and all kinds including, but not limited to, playgrounds, parks, swimming pools, diving and wading pools, hiking and camping areas and facilities, picnicking areas and facilities, lakes and ponds, tennis courts, athletic fields, athletic facilities, athletic courts, fishing and boating facilities, skateboarding facilities, bike trails, club houses, gymnasiums, stadiums, auditoriums and amphitheatres, recreation centers and facilities, youth centers, lands for open space, senior citizen centers, golf courses, and equestrian facilities; the usual and convenient facilities, buildings, improvements, machinery, and equipment appertaining thereto and any and all extensions, additions, and improvements of such facilities; the acquisition, construction, installation, modification, renovation, rehabilitation, equipping, maintenance, and operation of any parking, concession, and dining facilities thereto; and other property of any nature whatsoever including, without limitation, land, buildings, improvements, structures, machinery, equipment, and furniture or areas deemed by the authority to be necessary, convenient, or desirable in connection with any such parks or athletic or recreation centers, facilities, and areas.
3594
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(4) "Revenue bonds," "bonds," and "obligations" mean revenue bonds as defined and provided for in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," and which may be issued by the authority as authorized under such article 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 shall be sufficient to pay the cost of acquiring, operating, maintaining, repairing, improving, or extending the project and to pay the principal of and interest on the revenue bonds or other obligations 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 all of the powers necessary or convenient to carry out and effectuate the purposes and provisions ofthis Act including, without limitation, the following powers:
(I) To adopt a seal and alter the same at its pleasure; (2) To provide parks and recreation services throughout Lowndes County; (3) To develop, provide, maintain, and operate any project; (4) To develop and provide recreational and athletic programs, activities, and services; (5) To employ or retain agents, engineers, attorneys, fiscal agents, accountants, architects, planners, consultants, parks and recreation directors, supervisors, superintendents, playground leaders, maintenance personnel, administrative personnel, and other personnel necessary for such purposes; (6) To acquire, construct, install, modify, renovate, rehabilitate, equip, maintain, and operate any project or portion thereof; (7) To acquire by purchase, lease, gift, construction, or otherwise any real or personal property or any interest therein desired to be acquired as part of any project or for the purpose of improving, extending, adding to, reconstructing, renovating, or remodeling any project or part thereof already acquired or for the purpose of demolition to make room for any project or any part thereof. If the authority shall deem it expedient to construct any project on any lands, the title to which shall then be in the State of Georgia, the Governor is authorized to convey for and in behalf of the state title to such lands to the authority upon the receipt of such lawful consideration as may be determined by the parties to such conveyance. If the authority shall deem it expedient to acquire and construct any project on any lands, the title to which shall be in the name of the Board of Commissioners of Lowndes County or any municipality incorporated in that county; such entity is authorized in its discretion to convey title to such lands to the authority upon the receipt of such lawful consideration as may be determined by the parties of such conveyances or upon payment for the credit of the general funds of such county or municipalities of the reasonable value
GEORGIA LAWS 2008 SESSION
3595
of such lands. Such reasonable value shaH 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. If the authority shaH deem it expedient to acquire any real or personal property from the governing authority of Lowndes County or any municipality therein, such governing authority is authorized in its discretion to convey title to such real or personal property to the authority without consideration from the authority to such governing
authority; (8) To mortgage, convey, pledge, or assign any real or personal property, revenues, income, toJls, charges, or fees owned or received by the authority, provided such mortgage, conveyance, pledge, or assignment is not prohibited by the deed of such property to the authority or otherwise prohibited by other contract of the authority; (9) To make, execute, and perform all contracts, leases, agreements, and other instruments deemed by the authority to be necessary or convenient in connection with the exercise by the authority of any of its powers, including contracts for the acquisition and construction ofprojects and leases of projects and contracts with respect to the use of projects which the authority causes to be erected or acquired. Such contracts may be made with any and all persons, firms, and corporations and with Lowndes County, or any municipality located in Lowndes County, and with the State of Georgia, or any and aJI of its political subdivisions, departments, institutions, or agencies, all of whom are authorized to enter into contracts, leases, agreements, or instruments with the authority upon such terms and for such purposes as they deem advisable. Without limiting the generality of this paragraph, authorization is specificaJly 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 any project or any property which such departments or agencies of the State of Georgia have now or may hereafter obtain by lease from the United States government, or any agencies or departments thereof, and the authority is specificaJly authorized to convey title in fee simple to any and aJI of its lands and any improvements thereon to any persons, firms, corporations, or municipalities or to the State of Georgia or to 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 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, provided such conveyance is not prohibited by the deed of such property to the authority or otherwise prohibited by other contract of the authority; (10) To construct, erect, acquire, own, repair, remodel, renovate, rehabilitate, maintain, add to, extend, improve, equip, operate, and manage projects as defined in this Act, on land owned or leased by the authority or on land owned or leased by others, and to pay aJI or part of the cost of any such project from the proceeds of revenue bonds or obligations or other funds of the authority or from such proceeds or other funds or any contributions or grants from any person, firm, or corporation or from the United States of America, or any
3596
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
political subdivision thereof, the State of Georgia, or any political subdivision thereof, or any agency or instrumentality of any of the foregoing, all of which the authority is authorized to receive, accept, and use; (II) To accept and administer gifts, devises and grants of money, materials, or property of any kind and to administer trusts; (12) To borrow money for any of its corporate purposes and to execute and deliver notes, revenue bonds, and other evidences of such indebtedness and to use the proceeds thereof to pay all or any part of the cost of any project or refunding any outstanding indebtedness of the authority or to pay any other cost or expense of the authority incident to or necessary and appropriate to carry out the purposes of this Act; (13) As security for the repayment of any indebtedness or other obligations of the authority, to pledge, mortgage, convey, assign, hypothecate, or otherwise encumber any property, real or personal, ofthe authority and any income or revenues generated therefrom or otherwise, and to execute any trust agreement, indenture, security deed, mortgage, or security agreement containing any provisions not in conflict with law, provided such trust agreement, indenture, security deed, mortgage, or security agreement is not prohibited by the deed of such property to the authority or otherwise prohibited by other contract of the authority, which trust agreement, indenture, security deed, mortgage, or security agreement may provide for judicial or nonjudicial foreclosure or forced sale of any property of the authority upon default on such obligations, either in payment of any amount due and owing thereunder, or in the performance or satisfaction of any term or condition, as are contained in such trust agreement, indenture, security deed, mortgage or security agreement. The State of Georgia, on behalf of itself and each county, municipal corporation, political subdivision, or taxing district therein, waives any right which it or such county, municipal corporation, political subdivision, or taxing district may have to prevent the foreclosure or forced sale of any property of the authority so mortgaged or encumbered, and any such mortgage or encumbrance may be foreclosed in accordance with law and the terms thereof; (14) To exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the Constitution or laws of this state; (15) To do all things necessary or convenient to carry out the powers expressly given in this Act; (16) To make recommendations to the Board of Commissioners of Lowndes County and the municipalities within Lowndes County on land acquisition, facilities development, and other matters relating to the provision of recreation and recreational opportunities to the citizens of Lowndes County; and (17) To extend credit or make loans to any person, firm, or corporation or any governmental body including, without limitation, Lowndes County or any municipal corporation located therein for the planning, design, construction, acquisition, or carrying out of any project, which credit or loans may be secured by loan agreements, mortgages, security deeds, security agreements, contracts, and any other instruments, fees, or charges,
GEORGIA LAWS 2008 SESSION
3597
and upon such terms and conditions, as the authority shall determine to be reasonable in connection with such loans. (b) The authority is specifically authorized from time to time to sell, lease, grant, exchange, transfer, assign, or otherwise dispose of any surplus property, both real and personal, or any interest therein, that the authority determines is no longer necessary or desirable in connection with its operation or purposes, provided such sale, lease, grant, exchange, or other disposition is not prohibited by the deed of such property to the authority or otherwise prohibited by other contract of the authority. (c) Notwithstanding any other provision of this Act to the contrary, the authority shall not have the authority to construct, improve, or maintain any road or street on behalfof, pursuant to a contract with, or through the use of taxes or other revenues of any county or municipal corporation to the extent such is prohibited under Article III, Section VI, Paragraph V(e) of the Constitution of the State of Georgia.
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 any time or from time to time to provide by resolution for the issuance of negotiable revenue bonds or other notes, bond anticipation notes, or other evidences of indebtedness for the purpose of paying all or any part of the cost of any one or more projects or refunding any outstanding obligations of the authority. The principal of and interest on such bonds or other debt instruments shall be payable solely from the special fund provided for in this Act for such payment. Such bonds or other debt instruments shall be dated and shall bear interest at such rate or rates, shall be payable on such dates, and shall otherwise have such terms and conditions as shall be as determined by the authority. All revenue bonds shall be issued pursuant to and in conformity with Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," and all procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in the Revenue Bond Law and any amendments thereto.
SECTION 6. All revenue bonds and other debt instruments issued by the authority under the provisions of this Act are declared to be issued for an essential public and governmental purpose, and such bonds and other debt instruments, and the income thereof, shall be exempt from all taxation by the state.
SECTION 7. The authority may sell such revenue bonds and other debt instruments in such manner and for such prices as it may determine to be in the best interest of the authority, and the proceeds derived from the sale of such bonds or other debt instruments shall be used solely for the
3598
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
purpose provided in the proceedings authorizing the issuance of such bonds or other debt instruments.
SECTION 8. All revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by this Act and Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law." Any resolution providing for the issuance of revenue bonds or other debt instruments 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. Any revenue bonds or other debt instruments issued under the provisions ofthis Act shall not be deemed to constitute a debt ofthe State of Georgia, Lowndes County, or any municipality within Lowndes County or a pledge of the faith and credit thereof; provided, however, that such debt 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 or other instruments. The issuance of such revenue bonds or other debt instruments shall not directly, indirectly, or contingently obligate the state or any political subdivision thereof, including Lowndes County and the municipalities within Lowndes County, to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment, and all such bonds or other debt instruments shall contain recitals on their face covering substantially the foregoing provisions of this section. However, Lowndes County, the municipalities within Lowndes County, or any other political subdivision of the State of Georgia contracting with the authority, may obligate itselfto pay the amounts required under any contract entered into with the authority from funds received from taxes to be levied and collected for that purpose to the extent necessary to pay the obligations contractually incurred under this section and from any other source. 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 ofthe obligor within the meaning of Article IX, Section V, Paragraph I of the Constitution of the State of Georgia. When under any such contract payments are obligated to be made from taxes to be levied for that purpose, then the obligation to levy and collect such taxes from year to year in an amount sufficient to fulfill and fully comply with the terms of such contract shall be mandatory.
GEORGIA LAWS 2008 SESSION
3599
SECTION 10. The revenues, rents, and earnings derived from any particular project or projects and any and all revenue, rents, and earnings received by the authority, regardless 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 or other debt instruments of the authority as may be provided in any resolution authorizing the issuance of such bonds or in any trust indenture pertaining to such bonds. Such funds so pledged from whatever source received, which may include funds received from one or more or all sources, may be set aside at regular intervals into sinking funds for which provision may be made in any such resolution or trust indenture and which may be pledged to and charged with the payment of the interest upon such debt as such interest shall become due. The principal of such debt as the same shall mature; the necessary charges of any trustee or agent of paying such principal and interest; and any premium upon such debt 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 other instruments or in the trust indenture securing the payment of the same. In addition, the resolution authorizing the issuance of any bonds or other debt instruments may provide for the mortgaging, transferring, or encumbering of all or any part of the authority's real or personal property and for such purpose, the execution and delivery of any trust agreement, indenture, security deed, mortgage, or security agreement, provided such trust agreement, indenture, security deed, mortgage, or security agreement is not prohibited by the deed of such property to the authority or otherwise prohibited by contract of the authority. Any such resolution, trust agreement, indenture, security deed, mortgage, or security agreement may prescribe the procedures by which the holders of such bonds or other debt instruments may enforce rights against the authority, may provide for rights upon breach of any covenant, condition, or obligation of the authority and may contain such other terms, conditions, and other provisions not otherwise contrary to law as the authority shall deem necessary or desirable.
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.
3600
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 12. The authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia, and the officers, agents, and employees of the authority, when in performance of the 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. The property of the authority shall not be subject to levy and sale under legal process, except as may be contractually authorized by 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 Lowndes County, and any action pertaining to the validation of any bonds issued under the provisions of this Act shall likewise be brought in that court which shall have exclusive original jurisdiction of such actions.
SECTION 14. Bonds issued by the authority shall be confirmed and validated in accordance with the procedure of Article 3 of Chapter 82 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 or the United States government or any department or agency of the United States government, if subject to being sued and if consenting to the 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 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 or other debt instruments or obligations 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 obligations, and no other entity, department, agency, or authority will be created which will compete with the authority to
.
GEORGIA LAWS 2008 SESSION
3601
such an extent as to affect adversely the interest and rights of the holders of such obligations, 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 obligations and upon the issuance of such obligations under the provisions of this Act shall constitute a contract with the holders of such obligations.
SECTION 16. All funds received pursuant to this Act, whether as proceeds from the sale of revenue bonds or other debt instruments or obligations, or as loans, revenue, rents, fees, charges, or other earnings, or as grants, gifts, or other contributions shall be deemed to be trust funds to be held and applied by the authority solely as provided in this Act. The holders of any bonds or other debt instruments 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 resolution or trust indenture or agreement of the authority.
SECTION 17. (a) The authority shall be funded by the governing authority of Lowndes County from county-wide revenues based on a dedicated county-wide millage to be shown as a separate line item on annual property tax bills. The minimum dedicated millage for each fiscal year shall be 1.25 mills of the county-wide digest. The governing authority of Lowndes County may in its discretion fund the authority in any fiscal year in an amount in excess of 1.25 mills of the county-wide digest. (b) The authority shall develop a budget and a financial and program work plan for both capital and operational requirements for the authority's activities for each fiscal year. The authority's fiscal year shall commence July I and end June 30 of each calendar year. Such plan shall be known as the "Annual Operating and Capital Budget of the Valdosta-Lowndes County Parks and Recreation Authority." The budget and plan shall be adopted on or before June 30 of any given year, with an effective date of July I. All projected revenues and estimated expenditures shall be clearly outlined as to source and expenditure classification and purpose. The authority shall balance its budget at the end of each fiscal year. (c) Each year the authority shall have made an independent audit and examination of the authority's financial records and transactions. Said audit shall be made in accordance with established national audit and accounting standards. Copies of said audit shall be available for public review. (d) The authority may contract for legal and auditing services but only with attorneys and auditors other than those employed by Lowndes County or any of the municipalities located therein.
SECTION 18. The authority is authorized to appoint, to select, and to employ officers, agents, and employees, to adopt rules and regulations governing their services and fix their respective
3602
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
compensations and terms ofemployment, and to contract with other entities for the provision of personnel employed by such other entities to be provided on behalf of the authority, provided such personnel shall be subject to all rules and regulations of the authority governing the services and compensation of employees of the authority. The authority is hereby expressly granted the authority to contract with the City of Valdosta so that the employees of the City of Valdosta currently providing parks and recreation services who desire to do so will be allowed to remain employees of the City of Valdosta and continue to receive their salary and present employee benefits from the City of Valdosta, subject however to their future salary increases being based on the policies of the authority.
SECTION 19. This Act and any other law enacted with reference to the authority shall be liberally construed for the accomplishment of the purposes of the authority.
SECTION 20. When the authority for any reason is dissolved after full payment of all bonded indebtedness incurred under the provisions of this Act, both as to principal and interest, title to any property held by the authority shall be conveyed prior to such dissolution in accordance with provisions which may be made therefor in any deed of such property to the authority or in any resolution or trust indenture relating to such property, including any deed or other conveyance document by which such property was conveyed to the authority by Lowndes County or any city located therein, or 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 Lowndes County, subject to any liens, leases, or other encumbrances outstanding against or in respect to said property at the time of such conveyance.
SECTION 21. The authority shall not become active until the applicable governing authorities appoint the initial members of the authority. The authority shall begin providing parks and recreation services as provided in this Act as of July I, 2008.
SECTION 22. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 23. All laws and parts of laws in conflict with this Act are repealed.
GEORGIA LAWS 2008 SESSION NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION
3603
Notice is hereby given that in the 2008 regular Session of the General Assembly of Georgia will be introduced for a passage local legislation creating the Valdosta-Lowndes County Parks and Recreation Authority which bill shall be entitled as follows:
AN ACT
To create the Valdosta-Lowndes County Parks and Recreation Authority and to authorize such Authority to provide parks, and recreation services throughout Lowndes County, to acquire, own, construct, develop, provide, maintain and operate parks, playgrounds, recreation and athletic centers and facilities and other parks and recreational facilities of all kinds, to develop and provide recreational programs, activities and services, to employ parks and recreation directors, supervisors, superintendents, playground leaders, maintenance personnel, administrative personnel, and other personnel necessary for such purpose, to acquire, construct, equip, maintain, and operate athletic and recreational center, facilities and areas, including, but not limited to, playgrounds, parks, swimming, diving, and wading pools, biking, camping, and picnicking, areas, and facilities, lakes and ponds, tennis courts, athletic fields, facilities and courts, fishing and boating facilities, skate boarding facilities, bike trails, club houses, gymnasiums, stadiums, auditoriums, and amphitheatres, recreation centers and facilities, youth centers, lands for open spaces, senior citizen centers, golf courses, equestrian facilities, and the usual and convenient facilities, buildings, improvements, machinery and equipment appertaining to such undertakings and any and all extensions, additions and improvements of such facilities and other property of any nature whatsoever deemed by the Authority to be necessary, convenient or desirable in connection therewith, to acquire the necessary property therefore, both real and personal, and to lease, buy, and sell and 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 member of the authority; to authorize the authority to acquire by deed title to such recreational facilities, to convey title to real property of the Authority; and to do all things deemed necessary or convenient for the operation of such undertakings; to authorize the Authority to lease such facilities to other political subdivisions, which leases shall obligate the lessees to make payment for the use of such facilities for the terms thereof and to pledge to that purpose revenues derived from taxation; to provide that no debt of Lowndes County, the municipalities located therein, 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 collections and pledging of the revenue 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
3604
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
certain immunities; to authorize the issuance of refunding bonds or obligations; to fix the venue of jurisdictions 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 budgets and procedures in connections therewith; to provide for audits; to provide for funding; provide for personnel; to provide for conveyance of property upon dissolution; to provide for bonding limitations; to provide for construction; to provide for related matters; to provide for activation of the authority; to provide an effective date; to repeal conflicting laws; and for other purposes.
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 Valdosta Daily Times which is the official organ of Lowndes County on February 23, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
sf TIM GOLDEN Tim Golden Senator, District 8
Sworn to and subscribed before me, this 26th day of February 2008.
sf DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved March 25, 2008.
GEORGIA LAWS 2008 SESSION
3605
TOOMBS COUNTY- BOARD OF COMMISSIONERS; CHAIRPERSON; POWERS, DUTIES, AND COMPENSATION; VICE-CHAIRPERSON; ELECTION; COUNTY MANAGER; CREATE.
No. 387 (House Bill No. 1182).
AN ACT
To amend an Act creating the board of commissioners of Toombs County, approved February 13, 1959 (Ga. L. 1959, p. 2010), as amended, so as to provide for the election of a vice-chairperson and the powers, duties, and compensation of the chairperson ofthe board of commissioners; to create the office of county manager and provide for the qualifications, appointment, duties, powers, and other matters relevant to the office of county manager; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the board of commissioners of Toombs County, approved February 13, 1959 (Ga. L. 1959, p. 2010), as amended, is amended by revising Section 7 as follows:
"Section 7. (a) The members of the board shall annually elect a vice-chairperson from their membership to serve as the chairperson in the case of the absence of the chairperson for any reason. Three members of the board shall constitute a quorum for the purpose of conducting the business of the board. (b) The chairperson or any other member of the board of commissioners so designated by the chairperson shall sign all checks issued by the board which shall be countersigned by the county manager or the county clerk, or both. (c) The chairperson of the board of commissioners shall be the chief elected officer of Toombs County and as such shall have the following powers and duties:
(I) To preside at all meetings of the board of commissioners and be recognized as the official head and spokesperson of the county for service of process and ceremonial purposes; (2) To vote on matters before the board of commissioners only in the case of a tie; (3) To timely sign, for and on behalfofthe county, all contracts, ordinances, instruments, and other documents required to be in writing, unless otherwise directed or authorized by this law or the board of commissioners; (4) To administer oaths and take affidavits; and (5) To fulfill such other duties as authorized by the board of commissioners.
3606
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(d) The compensation of the chairperson of the board of commissioners shall be an annual salary of $18,000.00. (e) Each member of the board shall be compensated by a salary of$500.00 per month, and all commissioners shall be reimbursed for actual expenses incurred when outside the county on official business of the county. (f) In addition to their salaries, the board of commissioners is authorized to provide accident, health, and hospitalization insurance for members of the board and to pay for such insurance from funds of Toombs County.n
SECTION 2. Said Act is further amended by adding a new section to read as follows:
nsection I 0.1. (a) There is created the position of county manager of Toombs County. The county manager shall be appointed by majority vote ofthe members ofthe board ofcommissioners of Toombs County and shall be the chief administrative officer and head of the administrative branch of county government. In its discretion, the board of commissioners may select a person to serve as county manager solely on the basis of the person's good character and administrative qualifications with specific references to actual experience in or knowledge of accepted practices in respect to the duties of this office. (b) At the time of appointment such person need not be a resident of the county or state, but, within six months following commencement of the duties of the office, such person shall reside within the county. No member of the board of commissioners of Toombs County shall be appointed county manager or interim county manager until one year has elapsed following the expiration of the commissioner's term of office for which he or she was elected. (c) The county manager shall be appointed for an indefinite term and serve at the pleasure of the board of commissioners. The compensation of the county manager shall be as set by the board of commissioners. The board may contract with the individual to be appointed as the county manager of Toombs County on such terms as it may deem reasonable and prudent. (d) Before entering upon the discharge of the duties ofthe office, the county manager shall execute a bond with a solvent surety company licensed to do business in Toombs County in an amount to be determined by the board of commissioners, but not less than $100,000.00, payable to Toombs County for the faithful performance of the manager's duties and to secure against corruption, malfeasance, misappropriation, or unlawful expenditure. The premium on such bond shall be paid by Toombs County. (e) Prior to entering upon his or her duties, the county manager shall take and subscribe an oath for the faithful performance of his or her duties, and such oath shall be entered upon the minutes of the board of commissioners. (f) It shall be the duty of the county manager to:
GEORGIA LAWS 2008 SESSION
3607
(1) Supervise the administration of the affairs of the county and see that all ordinances, resolutions, and regulations of the board are faithfully executed and enforced; (2) Prescribe, publish, and implement standards of administrative management and operating procedures for approval by the board of commissioners; (3) Except for the county attorney and county auditor, supervise all employees under the jurisdiction of the board of the commissioners; (4) Except for the county attorney and county auditor who shall only be appointed and removed directly by the board of commissioners, appoint, and when in his or her discretion the welfare of the county requires it, suspend, discharge, transfer, or remove all employees for whom the board of commissioners is responsible pursuant to procedures and policies adopted by the board of commissioners. The manager may delegate to any department head such powers with respect to subordinates within his or
her department; (5) Select and remove department heads after communication with the board of
commissioners; (6) Require periodic reports from heads of departments and other employees entrusted with administrative duties or who exercise discretion. Except for the county attorney and county auditor, the manager shall at all times have the authority to examine all books and records of every officer and department ofthe county under the jurisdiction of the board of commissioners; (7) Keep the board of commissioners fully advised as to the financial condition and needs of the county; (8) Submit to the board of commissioners a monthly summary of the financial and administrative activities of the county and make available to the board and the public a complete report on the finances and administrative activities of the county as of the end of each fiscal year; (9) Attend all meetings of the board of commissioners with a right to take part in the discussion but have no vote and attend such other meetings involving county government as the board may direct; (10) Supervise the performance of all contracts made by any person, company, corporation, or other entity concerning work done for the county; (11) Prepare and submit an annual budget to the board of commissioners as provided in paragraph (g) of this section; (12) Supervise and regulate all purchases of material and supplies for the county within such limitations and regulations as may be established by the board of commissioners; (13) Recommend to the board of commissioners for adoption such measures as the manager deems expedient or necessary; (14) Devote his or her entire time to the duties and affairs of the office of county manager and hold no other office or employment for remuneration while serving as the county manager; and
3608
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(15) Perform such other duties as may be specified by the law that established and governs the Toombs County Board of Commissioners or as may be required by the board of commissioners. (g) The county manager shall submit to the board of commissioners no later than the last day of the seventh month ofthe fiscal year, a budget plan and calendar for the development of a proposed budget for the ensuing fiscal year that will show proposed target dates for workshops, meetings, public hearings, and adoption dates for the ensuing budget in such form as the board of commissioners, in consultation with the manager, deems appropriate and as required by Georgia law. (h) No member ofthe board of commissioners shall individually direct the county manager or attempt to interfere in the performance of his or her duties, and except for the purpose of formal inquiries and investigations, no member of the board of commissioners shall, either publicly or privately or directly or indirectly, give orders or directions to any county employee who is subject to the direction and supervision of the county manager. (i) The county manager shall have full authority to execute the county's annual operating and capital budgets. Establishment of all special funds and authorization of expenditures from any special funds shall require approval of the board of commissioners. The board ofcommissioners shall also approve any operating or capital budget amendments requiring use of funds from the contingency special fund. (j) The county manager shall not engage in or be concerned with local politics or any local campaign. The county manager shall not contribute to any local campaign fund or solicit funds for local political purposes, and the county manager shall not be eligible for election to the board of commissioners of Toombs County for a period of one year after termination of service as county manager. (k) The county manager may be suspended or removed at the pleasure of the board of commissioners by a majority vote of the full membership of the board of commissioners. (I) The board of commissioners may designate a person or persons to perform the duties of the county manager during the absence, disability, or suspension ofthe county manager. Vacancies in the office of county manager shall be filled by the board of commissioners as early as practicable, and until such vacancy is permanently filled, the board of commissioners shall have full power to appoint an interim county manager.
SECTION 3. All laws or parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2008 session of the General Assembly of Georgia a bill to amend an Act creating the board of commissioners of Toombs County, approved February 13, 1959 (Ga. L. 1959, p. 2010), as amended; and for other purposes.
GEORGIA LAWS 2008 SESSION
3609
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 oflntention to Introduce Local Legislation was published in the Advance Progress which is the official organ of Toombs County on February 6, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
sf GREG MORRIS Greg Morris Representative, District 155
Sworn to and subscribed before me, this 11th day of February 2008.
sl DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011
(SEAL)
Approved March 25, 2008.
GWINNETT COUNTY- REDEVELOPMENT POWERS; REFERENDUM.
No. 395 (House Bill No. 1208).
AN ACT
To authorize Gwinnett 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:
3610
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 1. Gwinnett 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 Gwinnett 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 Gwinnett 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 Gwinnett County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors ofGwinnett County for approval or rejection. The election superintendent shall conduct that election on the earliest practical date under Code Section 21-2-540 of the O.C.G.A. and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Gwinnett County. The ballot shall have written or printed thereon the words:
"( ) YES ( ) NO
Shall the Act be approved which authorizes Gwinnett County 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 county?"
All persons desiring to vote for approval of the Act shall vote "Yes,'' and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section I of this Act shall become of full force and effect immediately. If Section 1 of this Act is not so approved or if the election is
not conducted as provided in this section, Section 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 Gwinnett
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 2008 SESSION
3611
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 2008 session of the General Assembly of Georgia a bill to authorize Gwinnett 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; and for other purposes.
This
day of ________
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 8, 2008, 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 8th day of February 2008.
s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)
Approved Aprill8, 2008.
3612
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF DOUGLASVILLE- REDEVELOPMENT POWERS; REFERENDUM.
No. 396 (House Bill No. 1038).
AN ACT
To authorize the City of Douglasville 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 Douglasville 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 Douglasville 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 Douglasville 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 Douglasville 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 Douglasville for approval or rejection. The municipal election superintendent shall conduct that election on the date of November, 2008, state-wide general election and shall issue the call and conduct that election as provided by general law. The municipal election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Douglas County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which authorizes Douglasville to exercise redevelopment powers under the 'Redevelopment Powers Law,' as it may
( ) NO be amended from time to time?"
GEORGIA LAWS 2008 SESSION
3613
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 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 Douglasville. 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 2008 session of the General Assembly of Georgia a bill to authorize the City of Douglasville 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 the other purposes.
This 22 day of Jan. 2008
Representative Roger Bruce.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roger Bruce, who on oath deposes and says that he is the Representative from District 64 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Douglas County Sentinel which is the official organ of Douglas County on January 24, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ ROGER BRUCE Roger Bruce Representative, District 64
3614
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 28th day of January 2008.
sl LAURA HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)
Approved April 21, 2008.
WILKES COUNTY- HOSPITAL AUTHORITY; METHOD OF FILLING VACANCIES.
No. 397 (House Bill No. 1340).
AN ACT
To amend an Act relating to the filling of vacancies on the board of the Hospital Authority of Wilkes County, approved April4, 1997 (Ga. L. 1997, p. 3960), so as to change the method of filling vacancies; 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 relating to the filling of vacancies on the board of the Hospital Authority of Wilkes County, approved April4, 1997 (Ga. L. 1997, p. 3960), is amended by revising Section I as follows:
'SECTION I. (a) On and after the effective date of the 2008 amendment of this section, appointments to fill vacancies for either an unexpired or full term on the board of the Hospital Authority of Wilkes County shall be made as follows:
(I) When a seat on the hospital authority becomes vacant, the hospital authority shall present one nomination to fill the seat to the board of commissioners of Wilkes County; and (2) The board of commissioners shall make the appointment from the nomination provided by the hospital authority. Should the board of commissioners find the nomination to be unacceptable, the board of commissioners shall so notify the hospital authority, whereupon the hospital authority shall provide an alternate nomination or
GEORGIA LAWS 2008 SESSION
3615
nominations. The seat on the hospital authority shall remain unfilled until a nomination is accepted and appointed by the board of commissioners. (b) No person serving as a member of the board of commissioners shall at the same time serve as a member of the board of the hospital authority.'
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 2008 session of the General Assembly of Georgia a bill to amend an Act relating to the filling of vacancies on the board of the Hospital Authority of Wilkes County approved April4, 1997 (Ga. L. 1997, p. 3960,) so as to change the method of filling vacancies; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, 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 News-Reporter which is the official organ of Wilkes County on February 21, 2008, and thatthe notice requirements of Code Section 28-1-14 have been met.
sf MICKEY CHANNELL Mickey Channell Representative, District 116
Sworn to and subscribed before me, this 25th day of February 2008.
a! DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
3616
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Approved April21, 2008.
CLAYTON COUNTY-CLAYTON COUNTY SCHOOL SYSTEM; CODE OF ETHICS; ETHICS COMMISSION; ESTABLISH.
No. 400 (House Bill No. 1302).
AN ACT
To provide a code of ethics for the Clayton County School System; to provide for prohibited practices; to provide for disclosure; to provide for an ethics commission; to provide for membership; to provide for appointment and vacancies; to provide for eligibility; to provide for duties and powers; to provide for compensation; to provide for complaints; to provide for hearings and actions; to provide for sanctions; to provide for appeals; to provide for a training program; 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. As used in this Act, the term:
(1) "Board" means the Clayton County Board of Education. (2) "Commission" or "ethics commission" means the ethics commission created by Section 3 of this Act. (3) "Relative" means an officer's or employees spouse and the following relationships by consanguinity or affinity: father, mother, son, daughter, brother, sister, grandparent, and grandchild. For purposes of this section, the term "relative" shall also include any other person living in the household of the officer or employee.
SECTION 2. (a) Except as otherwise provided by general law, no elected official, appointed officer, or employee of the Clayton County School System or of any office, department, or agency thereof shall knowingly:
(1) Engage in any business or transaction with or have a financial or other personal interest, direct or indirect, in the affairs of the Clayton County School System which would result in a financial benefit, except for a financial benefit of a nominal or incidental amount, to the official, appointed officer, employee, or relative of such person or which would tend to impair the independence ofjudgment or action in the performance of official duties;
GEORGIA LAWS 2008 SESSION
3617
(2) Engage in or accept private employment from or render services for private interests when such employment or service is incompatible with the proper discharge of such person's official duties or would tend to impair his or her independence of judgment or action in the performance of his or her official duties; (3) Disclose information or use 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 Clayton County School System or any office, department, or agency thereof that is not available to members of the general public and gained by reason of his or her official position for his or her personal gain or benefit, to advance his or her financial or other private interest, or to advance the financial or private interest of any other person or business entity; (4) Represent private interests in any action or proceeding against the school system or any office, department, or agency thereof; (5) Vote or otherwise participate in the negotiation or the making of any contract with any business or entity in which he or she, or his or her relative, has a financial interest; (6) Solicit, accept, or agree to accept gifts, loans, gratuities, entertainment, transportation, lodging, meals, any ticket of admission, discounts, payment, or service, except those of a value less than $50.00, from any employee, student, parent, person, firm, or corporation which to his or her knowledge is interested directly or indirectly in any manner whatsoever in business dealings with the school system or any office, department, or agency thereof; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any campaign; (7) Advertise business and professional services to the school system or its employees for personal gain; (8) Use district resources for personal or commercial enterprise; (9) Vote or otherwise participate in an appointment, employment, or promotion decision related to a relative; (10) Vote or otherwise participate in an appointment, employment, or promotion decision of a person when the public official knows or should know that such vote or participation would create a direct or indirect monetary benefit or economic opportunity; (II) Have a personal interest, directly or indirectly, in school real estate, school textbooks, or school materials and supplies of any kind whatsoever; (12) Sell, solicit, or offer for sale to the board or to any official or employee of the board, directly or indirectly, any kind of school real estate, textbooks, or school materials and supplies, or receive any salary, bonus, or commission on any such sale; (13) Have a financial interest in school buses, bus equipment or supplies, provide services for buses owned by the board, or sell gasoline to the board from a corporation in which the board member is a shareholder; (14) Use property of the school system for personal benefit or profit except in accordance with policies and procedures promulgated by the board; or
3618
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(15) Vote or participate in discussions or deliberations at any meeting of the board or any committee of the board of any issue before the board in which the board member or a relative of the board member has matters involving consideration of his or her conduct, matters which would inure to his or her financial or personal interests, or matters which would be a conflict of interest. (b) No elected official shall: (1) As a consequence of his or her position accept any honoraria. As used in this paragraph, the term "honoraria" means a payment of money or anything of value for any appearance, discussion, speech, or article by such official, or for travel and subsistence expenses in excess of any actual and necessary expenses in connection with such appearance, discussion, or speech; or (2) Either directly or indirectly solicit membership in any professional organization or labor union which represents employees of the school system. (c)(1) Any elected official, appointed officer, or employee of the school system who has any financial interest, directly or indirectly, in any contract or matter pending before or within any office, department, or agency of the school system shall disclose such interest in writing to the board. Any board member who has a financial interest in any contract or matter pending before the board shall disclose such interest, in writing, and such disclosure shall be entered on the records of the board. The disclosure of any salary received by a board member from the school system or any entity doing business with the school system may be accomplished by naming the entity and position held by the board member with such entity. Interest and dividends from entities doing business with the school system which are listed on a national stock exchange or have more than 100 stockholders do not have to be disclosed. Likewise, the disclosure of any salary received by an immediate relative of the board member may be accomplished by naming the relative and the position held. The board member also shall disqualify himself or herself from participating in any decision or vote relating thereto. (2) Any contract between the school system and another party shall be voidable or rescindable at the discretion of the board at any time if any elected official, appointed officer, or employee has any interest in such contract and does not disclose such interest in accordance with the provisions within this Act. (d) Prior to January 31 of each year, each elected official shall disclose publicly the identity of any relative employed by the Clayton County School System to the executive assistant to the board on such form as prescribed by the board.
SECTION 3. (a) Appointed officers and employees of the school system may be punished for violation of the provisions within this Act as provided in this section. (b) Appointed officers and employees not subject to civil service or covered by the provisions of O.C.G.A. Section 20-2-940, et seq., shall have the right to request a hearing before the board upon written charges being provided to such officer. At such hearing, the
GEORGIA LAWS 2008 SESSION
3619
officer shall have the right to be heard, to be represented by counsel, and to require the attendance of witnesses and the production of relevant books and papers. If, after the bearing, the accused is found guilty as charged, he or she may be suspended or dismissed from the service of the school system by a majority vote of the members of the board. (c) Employees covered by the provisions of O.C.G.A. Section 20-2-940, et seq., shall be subject to suspension, dismissal, or nonrenewal in accordance with the provisions of that
general law; and (d) Employees subject to civil service rules, upon a violation of this article, shall be subject to suspension or dismissal in accordance with the provisions of this Act and the personnel rules and regulations adopted by the board.
SECTION 4. (a) Board members shall be punished for violations ofthe provisions ofthis Act as provided
in this section. (b)(1) The Clayton County Legislative Delegation to the General Assembly shall establish a seven-member ethics commission to consider ethics complaints brought against a board member. Each member of the delegation may nominate up to two candidates and the members of the commission shall be elected by majority vote of the delegation. When the commission is first established, three persons will be appointed to serve four-year terms, and four persons will be appointed to serve two-year terms. Thereafter members shall serve terms of four years. Each member of the commission shall hold office from the date of appointment until the end of the term for which he or she was appointed. Members of the commission shall not be eligible for reappointment. If a vacancy occurs on the commission, the delegation shall within 45 days appoint a person to fill the unexpired term. (2) Before the commission is established, the delegation shall determine whether all members of the commission shall be residents of Clayton County or whether all such members shall be selected from outside the county. Once such decision is made, it shall be irrevocable and may be changed only by legislation. (3) The members of the delegation should make their initial nominations within 30 days after the effective date ofthis Act, and the delegation shall vote on the first members of the commission within 60 days after the effective date of this Act. (4) The delegation shall appoint successors to members of the commission whose terms are due to expire, in the same manner as for appointing the initial members, with the nominations made 60 days before the expiration of the term and a vote made 30 days prior to such date.
(c) A person is eligible to serve as a member of the ethics commission if that person, while serving:
(I) Is at least 21 years old and a registered voter in his or her county of residence; (2) Is not an employee of the Clayton County Board of Education or a relative or a business associate of any member of the board;
3620
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(3) Does not hold any elected or appointed office and is not a candidate for any office in the governments of the United States, the State of Georgia, or Clayton County; (4) Has not provided a financial contribution of more than $100.00 to, or worked significantly in, the political campaign of any current member of the board; (5) Is not a relative of a person who provided a financial contribution of more than $100.00 to, or worked significantly in, the political campaign of any current member of the board; and (6) Has undergone a criminal background check and has not been convicted of a felony. (d)( I) Members of the ethics commission shall be compensated on a per meeting basis at a rate determined by the board. (2) The ethics commission shall elect one member to act as chairperson for a term of two years, or until a successor is duly elected. The chairperson shall have the same voting rights as the other commission members. The commission shall also elect one member to act as vice chairperson for the same term. If the office of chairperson or vice chairperson is vacated in any manner before the expiration of the term, the commission shall elect a member to fill the unexpired term. (3) The board office will provide staff support to the ethics commission. (4) Five members of the commission shall constitute a quorum. (5) The commission shall establish guidelines relating to sanctions for various offenses consistent with the provisions of this Act. (6) The commission shall have the authority to retain legal counsel as needed. (e)(!) Any citizen eligible to vote in Clayton County or any employee of the Clayton County School System may file a complaint alleging a violation of the standards established by this Act or other applicable state or federal law by filing it with the commission. The complaint shall be in writing and verified under oath. (2) The chairperson of the ethics commission shall immediately forward a copy of the complaint by certified mail to the board member against whom the complaint was filed, along with a copy to each member of the board. A complaint must be filed within six months of the date of the alleged violation or, in the case of concealment or nondisclosure, within six months of the date the alleged violation should have been discovered after due diligence. (3) Within 30 days of receipt of a complaint, the ethics commission shall meet to review the complaint to determine the complaint's credibility and whether the complaint states an offense which, if proven true, would warrant sanction. Such meeting shall not be open to the public. If, after reviewing the complaint, the commission by majority vote determines that no good and sufficient cause exists for a determination that a violation exists, the commission may dismiss the complaint and shall report said dismissal to the board. (f) If the commission determines that good and sufficient cause exists for a determination that a violation has occurred, the commission shall conduct a formal public hearing. The commission shall notify the board member charged with a violation of the date, time, and place for the hearing by certified and regular mail. At the hearing, the commission shall hear
GEORGIA LAWS 2008 SESSION
3621
wom testimony from all witnesses it deems relevant. The hearing shall be recorded by a :ertified court reporter. The commission is authorized to issue subpoenas on behalf of any party and for the appearance of any party or documents as provided by law. Hearings shall be open to the public and shall comply with all state and federal open meetings and open
records Jaws. (g) The accused board member shall have the following rights:
(1) To be represented by counsel; (2) To view all evidence and interview all witnesses sufficiently prior to the hearing to
prepare a defense; (3) To subpoena, through the commission, any relevant documents or witnesses; (4) To cross examine all witnesses testifying at the hearing; (S) To view any exculpatory evidence in the possession of the commission; and (6) To present any evidence and testimony in his or her defense. (h) If the commission determines that the evidence shows beyond a reasonable doubt that the accused board member committed the offense for which he or she is accused, the commission shall issue written findings and shall censure or reprimand the board member or order the removal of the board member from office. (i) The commission shall notify the board and the accused board member of its action within five days of its decision by sending a certified letter to the chairperson and vice chairperson of the board, the board member who is the subject of the investigation, and the accused member's attorney, if any. The accused board member shall have the right to appeal the commissions decision to the board by filing a notice of appeal with the chairperson of the commission and the chairperson of the board within 15 days of the decision. If such a notice of appeal is filed, the commission shall transmit to the board all transcripts and evidence from the hearing. The accused member shall provide the commission with an address to which the commission's decision may be mailed, and notice of the decision shall be deemed to have been delivered on the day it was posted to such address. G) Within 30 days of receipt of a notice of appeal, the board shall determine whether to accept or modify the commissions recommendation. Acceptance or modification of the recommendation shall be decided by majority vote of all board members. The board shall notify the accused board member of its decision by certified mail. (k) Appeal of the board's decision shall lie in the Superior Court of Clayton County. The decision of the board to accept the decision of the commission or to accept a modification ofsuch decision shall become effective within I0 days unless within such period the accused member or the commission files a petition for review or other legal action in the court. No disciplinary action shaH occur until aU appeals have been exhausted, and the accused member shall remain a voting member of the board until that time. (I) No member of the ethics commission or any person acting on behalf of the ethics commission, operating within the course and scope of this section, or any person bringing a complaint before the commission, shall be liable to any person for any damages arising out of such action.
3622
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 5. The board shall provide for a mandatory training program for persons who are elected or reelected to the board and to persons who are newly appointed to the commission. Such training shall be completed within 60 days of such election, reelection, or appointment. The training program shall include an explanation of the prohibitions contained in Section 2 of this Act and the practices and procedures contained in Section 4 of this Act. The board may contract with an institution of the University System of Georgia or any certified institution or individual qualified to perform such training, and the cost shall be borne by the Clayton County School System. No appointed member of the commission shall be eligible to participate in any function of the council until he or she has completed such training program.
SECTION 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
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 2008 session of the General Assembly of Georgia a bill to provide for prohibited practices; to provide for disclosure; to provide for an ethics commission; to provide for membership; to provide for eligibility; to provide for duties and powers to provide for compensation; to provide for complaints; to provide for hearings and actions; to provide for sanctions; to provide for appeals; to provide for related matters; and for other purposes.
This 22nd day of January, 2008.
s/ MIKE GLANTON Honorable Mike Glanton Representative, District 76
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mike Glanton, who on oath deposes and says that he is the Representative from District 76 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
GEORGIA LAWS 2008 SESSION
3623
county on January 24,2008, and that the notice requirements of Code Section 28-1-14 have been met.
sf MIKE GLANTON Mike Glanton Representative, District 76
sworn to and subscribed before me, this 13th day of February 2008.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25,2011
(SEAL)
Approved April 24, 2008.
BANKS COUNTY- BOARD OF COMMISSIONERS;INCREASE MEMBERSHIP OF BOARD; ELECTION OF MEMBERS; REFERENDUM.
No. 403 (Senate Bill No. 558).
AN ACT
To amend an Act creating a board of commissioners for Banks County, approved August 19, 1916 (Ga. L. 1916, p. 349), as amended, particularly by an Act approved March 31, 1965 (Ga. L. 1965, p. 3058), an Act approved March 21, 1970 (Ga. L. 1970, p. 3297), and an Act approved March 15, 1988 (Ga. L. 1988, p. 3999), so as to provide for an increase in the number of members of the board; to provide for the election of members of the board; to provide for related matters; to provide for a referendum; to provide for contingent 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 board of commissioners for Banks County, approved August 19, 1916 (Ga. L. 1916, p. 349), as amended, particularly by an Act approved March 31, 1965 (Ga. L. 1965, p. 3058), an Act approved March 21, 1970 (Ga. L. 1970, p. 3297), and an Act
3624
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
approved March 15, 1988 (Ga. L. 1988, p. 3999), is amended by revising Section 1 as follows:
"Section 1. The board of commissioners of Banks County is hereby created. Until January 1, 2010, the board shall consist of a chairperson and two other members who shall be qualified voters and bona fide residents of Banks County for a period of not less than six months preceding the date of their election. On and after January 1, 2010, the board shall consist of a chairperson and four other members who shall be qualified voters and bona fide residents of Banks County for a period of not less than six months preceding the date of their election."
SECTION 2. Said Act is further amended by revising Section 2 as follows:
'Section 2. (a) Until January 1, 2010, the chairperson and other members of the board may reside anywhere in Banks County and shall be nominated and elected by the qualified voters of the entire county. For the purpose of electing the chairperson and other members of such board, there shall be three commissioner posts to be designated Commissioner Post 1, Commissioner Post 2, and Commissioner Post 3. The chairperson shall be elected from Commissioner Post 1 and all candidates for chairperson shall offer for Commissioner Post 1. Candidates for Commissioner Posts 2 and 3 shall designate the post for which they are offering. The chairperson and each member of the board of commissioners in office on the effective date ofthis Act shall serve until the expiration of his or her respective term of office and until his or her successor is elected and qualified.
(b)(I) On and after January I, 20 I0, the chairperson may reside anywhere in Banks County and shall be nominated and elected by the qualified voters of the entire county. For the purpose of electing the remaining members ofthe board of commissioners, Banks County is divided into four commissioner districts. One member of the board shall be elected from each such district. Commissioner Districts 1, 2, 3, and 4 shall be and correspond to those four numbered districts described in and attached to and made a part of this Act and further identified as Plan Name: bankscc08p2 Plan Type: Local User: staff Administrator: Banks Co. (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 Banks 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 Banks County which is described in that attachment as being in a particular district shall nevertheless not be included within such
GEORGIA LAWS 2008 SESSION
3625
district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Except as otherwise provided in the description 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) On and after January 1, 2010, the commissioners holding Commissioner Post 2 and Commissioner Post 3 shall represent Commissioner District 1 and Commissioner District 3, respectively. Such commissioners shall serve out the terms to which they were elected and until their successors are elected and qualified. Successors to such commissioners shall be elected by the electors of the entire county at the 2010 state-wide general election and shall take office on January 1, 2011, for a term of four years. Thereafter, successors shall be elected by the electors of the entire county at the November general election immediately preceding the end oftheir terms of office to take office on January 1 immediately following such election for four-year terms of office and until their successors are elected and qualified. (4) On the Tuesday next following the first Monday in November, 2009, commissioners shall be elected from Commissioner Districts 2 and 4 by the electors of the entire county in special elections conducted in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended. Those persons elected in such special elections shall take office on January I, 2010, for a term of office to end on December 31, 2012, and until their successors are elected and qualified. At the 2012 state-wide November general election, successors to such commissioners shall be elected by the electors of the entire county and shall take office on January 1, 2013, for terms of four years and until their successors are elected and qualified. Thereafter, successors shall be elected by the electors of the entire county at the November general election immediately preceding the end of their terms of office to take office on January 1 immediately following such election for four-yearterms ofoffice and until their successors are elected and qualified. (5) On and after January 1, 2010, the chairperson shall serve out the term to which he or she was elected and until his or her successor is elected and qualified. A successor to such chairperson shall be elected by the electors of the entire county at the 2012 state-wide general election and shall take office on January 1, 2013, for a term of four years. Thereafter, a successor shall be elected by the electors of the entire county at the November general election immediately preceding the end of the chairpersons term of office to take office on January 1 immediately following such election for a four-year term of office and until his or her successor is elected and qualified. (6) The chairperson may reside anywhere in Banks County. Except for the chairperson, each district commissioner shall be a resident of the geographic area encompassed by the respective commissioner district which he or she represents. Each commissioner shall
3626
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
be elected by a majority of the electors voting in the entire county. A candidate seeking election to the board of commissioners shall identify the seat to which such candidate seeks election at the time of qualifying for election to the office. If the chairperson ceases to be a resident of Banks County or if any district commissioner ceases to be a resident of the commissioner district from which such district commissioner was elected during his or her term of office, such person shall thereby vacate his or her seat on the commission. All members of the commission shall be nominated and elected pursuant to the provisions of Chapter 2 ofTitle 21 of the O.C.G.A., the 'Georgia Election Code,' as now or hereafter amended.'
SECTION 3. Said Act is further amended by revising Section 6 as follows:
'Section 6. Reserved.'
SECTION 4. Said Act is further amended by revising Section 11 as follows:
'Section 11. (a) The chairperson shall preside at all meetings. It shall be the duty of the chairperson to sign all orders and warrants for the payment of any money out of the county treasury, the same to be countersigned by the clerk of the board of commissioners. (b) At the first meeting of each year, the board of commissioners shall elect one of their number to serve as vice chairperson. The vice chairperson shall preside in the absence of the chairperson or in case the chairperson is disqualified for cause. A majority of the board shall be a quorum to transact business.'
SECTION 5. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Banks County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Banks County for approval or rejection. The election superintendent shall conduct that election on the Tuesday after the first Monday in November, 2008, 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 Banks County. The ballot shall have written or printed thereon the words:
"( ) YES ( ) NO
Shall the Act be approved that changes the form of government in Banks County from a three member commission to a five member commission with four members elected countywide but who must reside and qualify within a commissioner district and a chairperson elected countywide who shall be a full voting member of the board?"
GEORGIA LAWS 2008 SESSION
3627
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 1 through 4 of this Act shall become offull force and effect immediately. If this Act is not so approved or if the election is not conducted as provided in this section, then Sections 1 through 4 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Banks County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of
State.
SECTION 6. The governing authority of Banks County shall through its legal counsel cause this Act to be submitted for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended, and such submission shall be made 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. Except as otherwise provided in Section 5 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 8. All laws and parts of laws in conflict with this Act are repealed.
Plan Name: bankscc08p2 Plan Type: Local User: staff Administrator: Banks Co.
Redistricting Plan Components Report
District 00 1 Banks County
Tract: 9802 BG: 1 1019 1020 10211023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1052 1078 1079 Tract: 9803 BG:2 200020012002201720212022202320242025202620272028 2029 2030 2031 2032 2033 Tract: 9804
3628
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
District 002 Banks County
Tract: 9801 BG: 1 BG:2 2000 2001 2002 2003 2004 2005 2006 2064 Tract: 9802 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1022 1036 1049 1050 1051 BG: 2 2000 2001 2002 2003 2016 2026 2027 2030 2031 2032 2033
District 003 Banks County
Tract: 9801 BG: 2 2007 2008 2009 2010 20112012 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 2065 2066 2067 Tract: 9802 BG: 2 2004 2005 2006 2007 2008 2009 2010 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2075 Tract: 9803 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 10311032 1033 1034 1035 1036 1037 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1999 BG: 2 2008200920652066206720682069207020712072
District 004 Banks County
Tract: 9802 BG: 1 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064
GEORGIA LAWS 2008 SESSION
106510661067106810691070107110721073107410751076 1077 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090
BG: 2 201120122013201420152017201820192020202120222023 2024 2025 2028 2029 2034 2035 2036 2037 2038 2039 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 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087
Tract: 9803 BG: 1 1038 BG:2 2003 2004 2005 2006 2007 2010 2011 2012 2013 2014 2015 2016 2018 2019 2020 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 204 7 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092
3629
LEGAL NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2008 session of the General Assembly of Georgia a bill to amend an Act creating a board of commissioners for Banks County, approved August 19, 1916 (Ga. L. 1916, p. 349), as amended, particularly by an Act approved March 31, 1965 (Ga. L. 1965, p. 3058), an Act approved March 21, 1970 (Ga. L. 1970, p. 3297), and an Act approved March 15, 1988 (Ga. L. 1988, p. 3999), so as to provide for an increase in the number of members of the board; to provide for the election of members of the board; to provide for related matters; to provide for a referendum; to provide for contingent effective dates to repeal conflicting laws; and for other purposes.
This 13th day of March, 2008.
By: Senator Nancy Schaefer District 50
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
3630
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Legislation was published in the Banks County News which is the official organ of Banks County on March 19, 2008, 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 24th day of March 2008.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 1, 2008.
LIBERTY COUNTY- STATE COURT; JUDGE; FULL-TIME; NONPARTISAN ELECTION; QUALIFICATIONS; COMPENSATION.
No. 404 (House Bill No. 1011).
AN ACT
To amend an Act establishing the State Court of Liberty County (formerly the City Court of Hinesville), approved August 9, 1916 (Ga. L. 1916, p. 232), as amended, particularly by an Act approved March 9, 1959 (Ga. L. 1959, p. 2560), so as to establish the office ofjudge of the State Court of Liberty County as a full-time office; to provide for the remaining term of the current judge; to provide that successor judges shall be elected in nonpartisan elections; to provide for qualifications; to provide for the judge's salary; 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 State Court of Liberty County (formerly the City Court of Hinesville), approved August 9, 1916 (Ga. L. 1916, p. 232), as amended, particularly by an
GEORGIA LAWS 2008 SESSION
3631
Act approved March 9, 1959 (Ga. L. 1959, p. 2560), is amended by striking Section 4 in its entirety and inserting in its place a new Section 4 to read as follows:
"SECTION 4. (a) There shall be a judge of the State Court of Liberty County. The judge of the State Court of Liberty County serving on the effective date of this Act shall continue to serve for the remainder of his or her term and until his or her successor has been duly elected and qualified. Thereafter, successors to judges of the State Court of Liberty County whose terms of office are to expire shall be nominated in a nonpartisan general primary and elected at the nonpartisan general election immediately preceding such expiration ofterm, shall take office the first day of January immediately following such election, and shall serve for a term of office of four years and until the election and qualification of a
successor. (b) The 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 Official Code of Georgia Annotated. He or she shall be vested with all the power and authority of the judges of the state courts by Chapter 7 of Title 15 of the Official Code of Georgia
Annotated. (c) The judge of said court shall devote full time to the duties of office, and shall not engage in the private practice of law. Said judge shall be paid a minimum annual salary in an amount equal to the annual base salary set by the General Assembly for judges of the superior courts, together with such other supplements, if any, as may be deemed appropriate from time to time by the governing authority of Liberty County. Said salary shall be payable out of the funds of Liberty County in equal monthly installments."
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 2008 session of the General Assembly of Georgia a bill to amend an Act establishing the State Court of Liberty County (formerly the City Court of Hinesville), approved August 9, 1916 (Ga.L. 1916, p. 232), as amended, particularly by an Act approved March 9, 1959, (Ga.L 1959 p. 2560), so as to establish the position of judge of the State Court of Liberty County as a full-time position; and for other purposes.
3632
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 14th day of January, 2008.
Representative AI Williams !65th District
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 Costal Courier which is the official organ of Liberty County on January 18,2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ AL WILLIAMS AI Williams Representative, District 165
Sworn to and subscribed before me, this 18th day of January, 2008.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 1, 2008.
FRANKLIN COUNTY -BOARD OF ELECTIONS AND REGISTRATION; CREATE.
No. 405 (House Bill No. 1450).
AN ACT
To create a board of elections and registration for Franklin 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,
_.____
GEORGIA LAWS 2008 SESSION
3633
rocedures, and vacancies; to relieve certain officers of powers and duties and to provide for
~e 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; to provide for offices and equipment; to provide for personnel, including a supervisor, and compensation; to provide for the board's performance ofcertain functions and duties for certain municipalities; to provide for related matters; to provide for submission 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 Franklin County, hereinafter referred to as "the
board. The board shall have the powers, duties, and responsibilities of the superintendent
ofelections of Franklin County under Chapter 2 of Title 21 of the O.C.G .A., the "Georgia Election Code," currently being exercised by the judge of the Probate Court of Franklin County, and the powers, duties, and responsibilities of the Board of Registrars of Franklin 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 Franklin County, and "county" means Franklin County.
SECTION 3. The board shall be composed of five members, each of whom shall be an elector and a resident of the county and who shall be appointed as provided in this section. Two members of the board shall be appointed by the political party that received the highest number of votes within the county for its candidate for Governor in the general election immediately preceding the appointment of such members. Two members of the board shall be appointed by the political party that 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 members. Each of the members appointed by such political parties shall be nominated by the chairperson and ratified by the county executive committee of the respective political party at least 30 days before the beginning of the term of office or within 30 days after the creation of a vacancy in such 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. One member shall be
3634
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
appointed by the most senior judge of the Northern Judicial Circuit whose primary office is located in Franklin County or, if there is no such judge, then the chiefjudge of the Northern Judicial Circuit. The judge appointing the fifth member of the board shall also appoint one of the members of the board to serve as chairperson. In making the initial appointments to the board, the members shall be selected at least 30 days prior to January I, 2009. The initial members and their successors shall be appointed for terms of office of four years and until their successors are duly appointed and qualified. The term of each initial members shall commence on January I, 2009. Each political party making an appointment under this section shall certify the name and residential address of each such appointee to the most senior judge of the Northern Judicial Circuit whose primary office is located in Franklin County or, if there is no such judge, then the chief judge of the Northern Judicial Circuit immediately upon making such appointment.
SECTION 4. 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 qualifying as a candidate for elective public office.
SECTION 5. The most senior judge of the Northern Judicial Circuit whose primary office is located in Franklin County or, if there is no such judge, then the chief judge of the Northern Judicial Circuit 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 that 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 successive terms, shall have the right to resign at any time by giving written notice of such resignation to the appointing body and to the clerk of the superior court, and shall be subject to removal from the board by the appointing body at any time, for cause, after notice and hearing.
SECTION 7. In the event a vacancy occurs in the office of any appointed member before the expiration of his or her term, by removal, death, resignation, or otherwise, the original appointing body shall appoint a successor to serve the remainder of the unexpired term as provided for in
GEORGIA LAWS 2008 SESSION
3635
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, determine its procedural rules and regulations, adopt bylaws, and otherwise take such action as is appropriate to the management of the affairs committed to its supervision; provided, however, that no such action shall conflict with state law. Action and decision by the board shall be by a majority of the members of the board. The board shall be responsible for the selection, appointment, and training of poll workers in primaries and elections, and such workers shall be appointed, insofar as practicable, from lists provided to the board by the county executive committee of each political party. (b) The board shall fix and establish, by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. The board shall hold regular meetings and shall meet not fewer than three times per year. Any specially called meeting shall be called by the chairperson or any 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 for the public to review.
SECTION 10. The board shall have the authority to contract with any municipality located within Franklin County for the holding by the board of any primary or election to be conducted within such municipality.
SECTION 11. Compensation for the members of the board, clerical assistants, and other employees of the board shall be fixed by the Board ofCommissioners ofFranklin County. Such compensation shall be paid wholly from county funds.
SECTION 12. The supervisor ofelections and registration for Franklin County shall not be a member ofthe board. The supervisor shall be appointed and removed by the governing authority of Franklin County in the same manner as department heads. The 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 Franklin County.
3636
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 13. The Board of Commissioners of Franklin County shall provide the board with such proper and suitable offices, equipment, materials, and supplies and with such clerical assistance and other employees as the board of commissioners of Franklin County deems appropriate.
SECTION 14. The Board of Commissioners of Franklin County shall through its legal counsel cause this Act to be submitted for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended, and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 15. 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, 2009. Upon this Act becoming fully effective, the judge of the Probate Court of Franklin County and the Board of Registrars of Franklin 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. On such date, the Board of Registrars of Franklin County shall be abolished.
SECTION 16. 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 2007-2008 regular session of the General Assembly of Georgia legislation to create the "Franklin County Board of Elections and Registration" and to provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for expenditures of public funds; to provide for compensation of members of the board; to provide for offices and equipment; to provide for personnel, including a supervisor, and compensation; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 2008 SESSION
3637
This 28th day of February, 2008.
Alan Powell - Representative, 29th District
sam Elrod, Chariman of the Franklin County Commission & Hon. Eddy Fowler
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 oflntention to Introduce Local Legislation was published in the Franklin County Citizen which is the official organ of Franklin County on February 28, 2008, and that the notice requirements of Code Section 28-l-14 have been met.
s/ ALAN POWELL Alan Powell Representative, District 29
Sworn to and subscribed before me, this 17th day of March 2008.
sf DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 1, 2008.
FORSYTH COUNTY -FORSYTH COUNTY PUBLIC FACILITIES AUTHORITY; CREATE.
No. 406 (House Bill No. 1454).
AN ACT
To create the Forsyth County Public Facilities Authority; to provide for the appointment of members of such authority; to confer powers upon the authority; to authorize the issuance ofrevenue bonds ofthe authority payable from the revenues, tolls, fees, charges and earnings ofthe authority, contract payments to the authority and from other moneys pledged therefor
3638
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and to authorize the collection and pledging ofthe 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 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 "Forsyth County Public Facilities Authority Act."
SECTION 2. F~r~yth County Public Facilities Authority.
(a) There is created a public body corporate and politic to be known as the "Forsyth County Public Facilities Authority," which shall be deemed to be a political subdivision of the state and a public corporation, and by that name, style and title said body may contract and be contracted with, sue and be sued, implead and be impleaded and complain and defend in all courts of law and equity. The authority shall have perpetual existence. (b) The authority shall consist of five members. The members of the board of commissioners shall each appoint one member whose term on the authority shall correspond with the term of the commissioner on the board of commissioners who appointed such member. (c) The members of the authority shall not be compensated for their services; 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 or treasurer are not members of the authority, such officers shall have no voting rights. Such officers shall serve for a period of one year and until their successors are duly elected and qualified. (e) Four members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the authority.
GEORGIA LAWS 2008 SESSION
SECTION 3. Definitions.
3639
As used in this Act, the term: (1) "Authority" means the Forsyth County Public Facilities Authority created by this Act. (2) "Board of commissioners" means the board of commissioners of Forsyth County, Georgia or similar body or person managing the affairs of the county. (3) "Costs of the project" means and embraces the cost of construction; the cost of all lands, properties, rights, rights of way, easements and franchises acquired; the cost of all machinery and equipment; financing charges; interest prior to and during construction and forsix months after completion ofconstruction; the cost ofengineering, architectural, fiscal agents, accounting, legal, 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 herein authorized; working capital; and all other costs necessary to acquire, construct, add to, extend, improve, equip, operate and maintain the project. (4) "County" means Forsyth County, Georgia, and its successors. (S) "Project" means all buildings, facilities, equipment, roads, bridges, and sidewalks necessary or beneficial for the efficient operation of the county or any department, agency division or commission thereof; and any undertaking of the county permitted pursuant to the Revenue Bond Law. (6) "Revenue Bond Law" means the state's Revenue Bond Law as enacted in Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated. (7) "Revenue bonds" means revenue bonds authorized to be issued pursuant to this Act and the Revenue Bond Law. (8) "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. (9) "State" means the State of Georgia.
SECTION 4. Powers.
The Authority shall have the power: (1) To have a seal and alter the same at its pleasure;
3640
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(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, 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; provided, however, 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, the county, the Forsyth County school district and any other political subdivision or municipality of the 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) Subject to the limitations contained in Section 5 of this Act, 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 funds 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; (11) To exercise any power usually possessed by private corporations performing similar functions, including the power to incur short-term debt and to approve, execute, and deliver
GEORGIA LAWS 2008 SESSION
3641
appropriate evidence of any such indebtedness and the power to enter into interest rate swaps, forward purchase agreements, repurchase agreements and other similar agreements;
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 entity 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. Revenue bonds shall not be issued for any building that will be used as a courthouse, or a jail, or for any single building the cost of which is anticipated at the commencement of construction to exceed $20 million, unless the voters approve the building in a referendum or the building is required to be constructed by court order. The limitation set pursuant to this section shall be subject to annual upward adjustments based upon the consumer price index. Such limitation shall not prevent the issuance of revenue bonds to fund unanticipated cost over-runs for buildings that were originally anticipated at the commencement of construction to be within such limitation. 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. Revenue bonds; form; denomination; registration; place of payment.
The authority shall determine the form of the revenue bonds and shall fix the denomination or denominations of such revenue bonds. The revenue bonds may be issued in registered form, 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.
3642
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 7. Revenue bonds; signatures; seal.
All 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 revenue bonds may bear the manual or facsimile signature of such persons as at the actual time of the execution of such revenue bonds shall be duly authorized or hold the proper office, although at the date of issuance of such revenue bonds such 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 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. Revenue bonds; 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. The authority shall be exempt from all taxation within the state in the same manner and to the same extent that the county is exempt from such taxes.
SECTION 9. Revenue bonds; 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. Revenue bonds; 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, exchangeable for definitive revenue bonds upon the issuance of the latter.
GEORGIA LAWS 2008 SESSION
SECTION 11. Revenue bonds; replacement of lost or mutilated bonds.
3643
The authority may provide for the replacement of any revenue bonds which shall become mutilated or be destroyed or lost.
SECTION 12. Revenue bonds; 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 or refinanced with the proceeds of the revenue bonds is self-liquidating. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage. Any such resolution may be passed by a majority of the authority's members at any regular or special meeting that is duly advertised by the authority pursuant to Chapter 14 ofTitle 50 of the Official Code of Georgia Annotated. However, no such resolution shall be adopted unless a public hearing has been held by the authority. At least 15 days prior to such public bearing a notice of such public hearing shall be published in a newspaper of general circulation in the county.
SECTION 13. Credit not pledged.
Revenue bonds shall not be deemed to constitute a debt of the county nor a pledge of the faith and credit of the county, but such revenue bonds shall be payable solely from the fund hereinafter provided for. The issuance of such revenue bonds shall not directly, indirectly or contingently obligate the county to levy or to pledge any form of taxation whatsoever for payment of such revenue bonds or to make any appropriation for their payment, and all such revenue bonds shall contain recitals on their face covering substantially the foregoing provisions ofthis section. Notwithstanding the foregoing provisions, this Act shall not affect the ability 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 conaideration 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
3644
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
company or bank having the powers of a trust company within or outside the state. Either the resolution providing for the issuance of the revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition and construction ofthe project, the maintenance, operation, repair and insuring ofthe project, and the custody, safeguarding and application of all monies.
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, or any agency, bank or trust company, who 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 said sinking fund shall be pledged to and charged with the payment of the interest upon such revenue bonds as such interest shall fall due; the principal or purchase price of such revenue bonds as the same shall fall due; any premium upon such revenue bonds as the same shall fall due; the purchase of such revenue bonds in the open market; and 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 2008 SESSION
SECTION 17. Remedies of bondholders.
3645
Any holder of revenue bonds 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 of revenues, fees, tolls, fines and other charges for the use of the facilities and services furnished.
SECTION 18. Validation.
Revenue bonds and the security therefor shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law. The petition for validation shall also make party defendant to such action the state, and any institution, department or other agency thereof, and any county, municipality, school district or other political subdivision or authority of the state which has contracted with the authority for services or facilities relating to the project for which revenue bonds are to be issued and sought to be validated, and such defendant shall be required to show cause, if any exists, why such contract or contracts shall not be adjudicated as a part of the basis for the security for the payment of any such revenue bonds. The revenue bonds when validated, and the judgment of validation shall be final and conclusive with respect to such revenue bonds and the security for the payment thereof and interest thereon and against the authority and all other defendants.
SECTION 19. Venue and jurisdiction.
July 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 Forsyth 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.
3646
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 said authority or its officers, employees or agents, shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such revenue bonds, and no other entity, department, agency or authority will be created which will compete with the authority to such an extent as to affect adversely the interest and rights of the holders of such revenue bonds, nor will the state itself so compete with the authority. The provisions 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. Monies received considered trust funds.
All monies 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 public purpose of the authority is declared to be that of providing public buildings, facilities, equipment, roads, bridges, sidewalks and other public undertakings for the citizens in the county.
SECTION 23. Rates, charges and revenues; use.
The authority is hereby authorized to prescribe and fix rates and to revise same from time to time and to collect revenues, tolls, fees and charges for the services, facilities and commodities furnished, and in anticipation of the collection of the revenues, to issue revenue bonds or other types of obligations as 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 2008 SESSION
SECTION 24. Rules, regulations, service policies and
procedures for operation of projects.
3647
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 county. 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 county when in the performance of their public duties or work of the county.
SECTION 26. Tax-exempt status of authority.
The properties of the authority, both real and personal, are declared to be public properties used for the benefit and welfare of the people of the state and not for purposes of private or corporate benefit and income, and such properties and the authority shall be exempt from all taxes and special assessments of any municipality, county, or the state and any political subdivision thereof.
SECTION 27. Effect on other governments.
This Act shall not and does not in any way take from the 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 28. Earnings and dissolution.
Tho earnings of the authority shall not inure to the benefit of private persons. Upon diiiOlution of the authority, title to all property of the authority shall revert to the county.
3648
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 29. Liberal construction of Act.
This Act being for the welfare ofvarious political subdivisions and municipalities ofthe state and its inhabitants, shall be liberally construed to effect the purposes hereof.
SECTION 30. Severability; effect of partial invalidity of Act.
The provtswns of this Act are severable, and if any of its provtstons 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 31. Effective date.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 32. Repealer.
All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the 2007-2008 regular session of the General Assembly of Georgia legislation to create a body corporate and politic known as the "Forsyth County Public Facilities Authority"; 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, 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 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 repeal conflicting laws; and for other purposes.
GEORGIA LAWS 2008 SESSION
3649
This 4th day of March, 2008.
Tom Knox Representative, 24th District
GEORGIA, FULTON COUNTY
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 7, 2008, 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 18th day of March 2008.
sJ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 1, 2008.
DODGE COUNTY- BOARD OF COMMISSIONERS; STAGGERED TERMS OF OFFICE; MANNER OF ELECTION.
No. 407 (House Bill No. 1480).
AN ACT
To amend an Act creating the office ofcommissioner ofDodge County, approved August 19, 1912 (Ga. L. 1912, p. 367), as amended, particularly by an Act approved April 21, 1997 (Ga. L. 1997, p. 4417), as amended, so as to change the terms of office of the members of the board of commissioners and provide for staggered terms; to provide that the members of
3650
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the board elected from commissioner districts shall be elected by a majority vote of the electors voting within their respective commissioner districts; to provide that the chairperson shall be elected by a majority vote of the electors of the entire county voting in an election for such office; to provide for related matters; to require submission of this Act pursuant to the Federal Voting Rights Act of 1965; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the office of commissioner of Dodge County, approved August 19, 1912 (Ga. L. 1912, p. 367), as amended, particularly by an Act approved April 21, 1997 (Ga. L. 1997, p. 4417), as amended, is amended by striking Section 4 and inserting in lieu thereof a new Section 4 as follows:
'SECTION 4. (a) Beginning with the general election of 2008 and the taking of office on January 1, 2009, the members of the board of commissioners shall be composed of a chairperson elected county-wide and four commissioners elected from Districts I through 4. Members appointed or elected to fill vacancies on such board prior to December 31, 2008, shall serve for terms of office which expire December 31, 2008. Following the 2008 general election, members shall be elected and serve terms of office as follows:
(I) The members of the board of commissioners elected to Districts I and 4 shall serve for terms of four years beginning January 1, 2009; (2) The members of the board of commissioners elected to Districts 2 and 3 shall serve for terms of two years beginning January 1, 2009, and shall serve for terms of four years beginning January I, 20 II, and thereafter, following the 2010 general election; and (3) One member shall be elected county-wide who shall be the chairperson of the board of commissioners who shall serve for a term of four years beginning January I, 2009. (b) Members of the board shall serve for the terms of office specified in subsection (a) of this section and until their respective successors are elected and qualified. The members of the board elected from commissioner districts shall be elected by a majority vote of the electors voting within their respective commissioner districts. The chairperson shall be elected by a majority vote of the electors of the entire county voting in an election for such office. Positions on the board shall be chairperson and commissioners from Commissioner Districts 1 through 4, and all candidates for membership on the board shall designate the position for which they are offering.'
GEORGIA LAWS 2008 SESSION
3651
SECTION 2. Pursuant to Section 5 of the Federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the Dodge County Board of Commissioners to submit this Act to the United States Attorney General for approval.
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2008 session of the General Assembly of Georgia a bill to amend an Act creating the office of commissioner of Dodge County, approved August 19, 1912 (Ga.L.1912, p. 367), as amended particularly by an Act approved April 21, 1997 (Ga. L. 1997 p. 4417), as amended, so as to change the terms of office of the members of the board of commissioners and provide for staggered terms; to provide that the members of the board elected from commissioner districts shall be elected by majority vote of the electors voting within their respective commissioner districts; to provide that the chairperson shall be elected by a majority vote of the electors of the entire county voting in an election for such office: to provide for the related matters; to require submission of this Act pursuant to the Federal Voting Rights Act of 1965; to provide an effective date; and or other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jimmy Pruett, who on oath deposes and says that he is the Representative from District 144 and further deposes and says that the attached Notice oflntention to Introduce Local Legislation was published in the Dodge County News which is the official organ of Dodge County on March 19,2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JIMMY PRUETT Jimmy Pruett Representative, District 144
3652
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 25th day of March 2008.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 1, 2008.
CLINCH COUNTY- STATE COURT; ABOLISH.
No. 474 (House Bill No. 1374).
AN ACT
To abolish the State Court of Clinch County; to repeal an Act to create and establish the State Court ofClinch County (formerly the County Court of Clinch County), approved January 29, 1943 (Ga. L. 1943, p. 731 ), as amended, particularly by an Act approved February 22, 1943 (Ga. L. 1943, p. 746), by an Act approved March 2, 1945 (Ga. L. 1945, p. 829), by an Act approved January 30, 1946 (Ga. L. 1946, p. 304), by an Act approved February 14, 1958 (Ga. L. 1958, p. 2080), by an Act approved March 30, 1971 (Ga. L. 1971, p. 2644), and by an Act approved March 27, 1985 (Ga. L. 1985, p. 4183); to provide that no further elections shall be held for judge or solicitor; to provide for the transfer of pending cases and matters; to provide for related matters; to provide for preclearance of this Act; 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 to create and establish the State Court of Clinch County (formerly the County Court of Clinch County), approved January 29, 1943 (Ga. L. 1943, p. 731), as amended, particularly by an Act approved February 22, 1943 (Ga. L. 1943, p. 746), by an Act approved March 2, 1945 (Ga. L. 1945, p. 829), by an Act approved January 30, 1946 (Ga. L. 1946, p. 304), by an Act approved February 14, 1958 (Ga. L. 1958, p. 2080), by an Act approved March 30, 1971 (Ga. L. 1971, p. 2644), and by an Act approved March 27, 1985 (Ga. L. 1985, p. 4183) is hereby repealed.
GEORGIA LAWS 2008 SESSION
3653
SECTION 2. There shall be no further elections for Judge of the State Court of Clinch County nor Solicitor of the State Court of Clinch County.
SECTION 3. All cases and matters pending in the State Court of Clinch County on December 31, 2008, shall be transferred to the Superior Court of Clinch County on January I, 2009.
SECTION 4. It shall be the duty of the governing authority of Clinch County through its legal counsel to submit this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, 42 U.S.C. Section 1973c, within 45 days after its approval by the Governor or its becoming law without such approval.
SECTION 5. Section 1 of this Act shall become effective on January 1, 2009. The remaining parts of 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 TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2008 session of the General Assembly of Georgia a bill to abolish the State Court of Clinch County, to repeal an Act to create and establish the State Court of Clinch County (formerly the County Court of Clinch County), approved January 29, 1943 (Ga. L. 1943, p. 731 ), as amended, particularly by an Act approved February 22, 1943 (Ga. L. 1943, p. 746), by an Act approved March 2, 1945 (Ga. L. 1945, p. 829), by an Act approved January 30, 1946 (Ga. L. 1946, p. 304), by an Act approved February 14, 1958 (Ga. L. 1958, p. 2080), by an Act approved March 30, 1971 (Ga. L. 1971, p. 2644), an by an Act approved March 27, 1985 (Ga. L. 1985, p. 4183) to provide that no further elections shall be held for judge or solicitor; to provide for the transfer of pending cases and matters; to provide for related matters; to provide for preclearance of this Act; to provide effective dates; to repeal conflicting laws; and for other purposes.
This 8th day of February, 2008
Representative Jay Shaw 176th District
3654
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 February 13, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
sf JAY SHAW Jay Shaw Representative, District 176
Sworn to and subscribed before me, this 27th day of February 2008.
sf DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 12, 2008.
CITY OF HARLEM- NEW CHARTER.
No. 476 (House Bill No. 1465).
AN ACT
To provide a new charter for the City of Harlem; 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
GEORGIA LAWS 2008 SESSION
3655
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 rocedures; to provide for the right of certiorari; to provide for elections; to provide for
~ation, licenses, and fees; to provide for franchises, service charges, and assessments; to
provide for bon_ded and other _indebted~ess; to provide for auditin~, accounting,_ budgeting, and appropriations; to prov1de for c1ty contracts and purchasmg; to prov1de 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 definit~ons and constru~tion; to prov~de for other matters relat!v~ to the foregoing; to repeal a specific Act; to prov1de for effective dates; to repeal confl1ctmg
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 ofthe City of Harlem, Georgia, and by that name shall have perpetual succession.
SECTION 1.11. Corporate boundaries.
(a) The corporate 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 IIWUier provided by law. The boundaries of the City of Harlem shall be shown on a map or a written description or any combination thereof, to be retained permanently in the office of city manager and to be designated as the "Official Map of the corporate limits of the City of Harlem, Georgia." Photographic, typed, or other copies of such map or description certified by the city manager shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (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.
3656
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 1.12. Powers and construction.
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. Corporate powers.
(a) Animal Regulations. To regulate and license or prohibit the keeping or running at large of animals and fowl, 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 of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city. (c) Building Regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, fire safety, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades. (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 Official Code of Georgia Annotated 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 corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the Official Code of Georgia Annotated 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. (g) 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. (h) Environmental Protection. To protect and preserve the natural resources, environment, and vital areas ofthe city, the region, and the state through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and
GEORGIA LAWS 2008 SESSION
3657
sedimentation, the management of storm water and establishment of a storm water utility, the management of solid and hazardous waste, and other necessary actions for the protection
of the environment. (i) 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. (j) 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. (k) 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. (I) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens on such terms and conditions as the donor or grantor may impose. (m) Health and Sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards. (n) 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; 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. (o) 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. (p) 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. (q) 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. (r) 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.
3658
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(s) 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. (t) 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-water management, 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. (u) Nuisance. To define a nuisance and provide for its abatement whether on public or private property. (v) 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. (w) 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. (x) Police and Fire Protection. To exercise the power of arrest through duly appointed police officers, and to establish, operate, or contract for a police and a firefighting agency. (y) 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. (z) 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; 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 under Title 22 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted. (aa) Public Peace. To provide for the prevention and punishment of loitering, disorderly conduct, drunkenness, riots, and public disturbances. (bb) Public Transportation. To organize and operate such public transportation systems as are deemed beneficial. (cc) 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. (dd) 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
GEORGIA LAWS 2008 SESSION
3659
r within view thereof, within or abutting the corporate limits of the city; and to prescribe
~alties and punishment for violation of such ordinances.
(ee) Retirement. To provide and maintain a retirement plan and other employee benefit plans and programs for officers and employees of the city. (ff) 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. (B&) 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 payments of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system. (bh) 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.
(ii) Special Areas of Public Regulation. To regulate or prohibit junk dealers and the manufacture and sale of intoxicating liquors; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; to license and tax professional fortunetelling, palmistry, and massage parlors; and to restrict adult bookstores to certain areas. (jj) Special Assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements. (kk) Taxes: Ad Valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation. (11) Taxes: Other. To levy and collect such other taxes as may be allowed now or in the
future by law.
(mm) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the llliDlber 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 replate the parking of such vehicles. (DD) Urban Redevelopment. To organize and operate an urban redevelopment program.
3660
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(oo) 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 Constitution or applicable laws ofthe State ofGeorgia.
SECTION 1.14. 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 four 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 council shall be composed of four members elected by the voters of the city at large in accordance with provisions of Article V of this charter. The mayor shall be elected as provided in Section 2.32 of this charter.
SECTION 2.11. City council terms and qualifications for office.
The mayor and members of the city council shall be elected at large and 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 and councilmember unless that person is at least 21 years of age and shall have been a resident of the city for 12 months prior to the date of election as mayor
GEORGIA LAWS 2008 SESSION
3661
r members ofthe council; each shall continue to reside therein during that member's period :f service and to be registered and qualified to vote in municipal elections of this city.
SECTION 2.12. Vacancy; filling of vacancies; temporary vacancies.
(a) Vacancies. The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or occurrence of any event specified by tbe Constitution, Title 45 of the Official Code ofGeorgia Annotated, or such other applicable Jaws as are or may hereafter be enacted. (b) Filling of Vacancies. A vacancy in the office of mayor or councilmember shall exist if tbe mayor or councilmember resigns, dies, moves his or her residence from the city, or is absent from four consecutive regular meetings of the governing authority, except if granted a leave of absence by the city council, which leave shall be entered upon the journal; or if he or she is adjudged incompetent or is convicted of malfeasance in office, or of a felony, or any violation of election laws. The city council shall appoint a qualified person to fill any such vacancy in the office of councilmember for the remainder of the unexpired term. At no time shall there be more than one councilmember so appointed holding office; and if a vacancy occurs on the city council with one member so appointed on the city council, a special election shall be held within a period of 45 days after the office becomes vacant pursuant to a call of a special election as provided by this charter; however, if a special election is called pursuant to this charter, the vacancy previously filled by appointment as well as the existing vacancy shall be filled for the unexpired terms in a special election. Provided, however, if a regular election for the city shall be held within three months after the second vacancy occurs, such second vacancy shall not be filled by appointment but the first vacancy previously filled by appointment and the second vacancy shall be filled for the unexpired terms at such regular election. In the event of a vacancy in the office of the mayor, the vacancy shall be filled pursuant to Sections 2.32 and 5.14 ofthis charter. If a special election is called, such election shall be held in the manner prescribed by Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," as it now exists or may hereafter be amended. (c) Temporary Vacancies. The provisions of this section shall also apply to a temporary vacancy created by the suspension from office of the mayor or any councilmember.
SECTION 2.13. Compensation and expenses.
The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance.
3662
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2.14. Conflicts of interest; holding other offices.
(a) Elected and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. (b) Conflict of Interest. No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(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 ofthe 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 officialsjudgment 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 Official Code of Georgia Annotated, 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 officials knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which the official is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which the official has a financial interest. (c) Disclosure. Any elected official, appointed officer, or employee who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such interest to the city council. The mayor or any councilmember who has a financial interest in any matter pending before the city council shall disclose such interest and such disclosure shall be entered on the records of the city council, and that official shall disqualify himselfor 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 2008 SESSION
3663
(d) Use of Public Property. No elected official, appointed officer, or employee of the city r any agency or entity to which this charter applies shall use property owned by such
0
overnmental entity for personal benefit or profit but shall use such property only in his or :cr capacity as an officer or employee of the city. (c) Contracts Voidable and Rescindable. Any violation of this section which occurs with tbc 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. (t) Ineligibility of Elected Official. Except where authorized by Jaw, neither the mayor nor anycouncilmember shall hold any other elective or 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 appointive office in the city until one year after the expiration of the term for which that
official was elected. (g) Political Activities of Certain Officers and Employees. No appointive officer of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. No employee of the city shall continue in such employment upon qualifying for or 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.
SECTION 2.15. Inquiries and investigations.
Following the adoption ofan authorizing resolution, the city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof, and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as provided by ordinance.
3664
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2.16. General power and authority of the city council.
(a) Except as otherwise provided by law or this charter, the city council shall be vested with all the powers of government of this city. (b) In addition to all other powers conferred upon it by law, the 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 the laws of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of the City of Harlem and may enforce such ordinances by imposing penalties.
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 no later than the third Monday in January. The meeting shall be called to order by the mayor or city manager and the oath of office shall be administered to the newly elected members by a judicial officer authorized to administer oaths and shall, to the extent that it comports with federal and state law, be as follows:
"I do solemnly (swear)(affirm) that I will faithfully perform the duties of (mayor)(councilmember) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. "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
GEORGIA LAWS 2008 SESSION
3665
office according to the Constitution and laws of Georgia. I have been a resident of the City of Harlem for the time required by the Constitution and laws of this state and by the municipal charter. I will perform the duties of my office in the best interest of the City of Harlem to the best of my ability without fear, favor, affection, reward, or expectation thereof."
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 mayor pro tempore and two members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call
may be transacted at the special meeting.
(c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be made fully as is reasonably possible as provided by Section 50-14-1 of the Official Code of Georgia Annotated or other such applicable laws as are or may hereafter be enacted.
SECTION 2.20. Rules of procedure.
(a) The city council shall adopt by ordinance its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings, which shall be a public record. (b) All committee and committee chairs and officers of the city council shall be recommended by the mayor and appointed by a vote of the city council.
SECTION 2.21. Quorum: voting.
(a) Three councilmembers shall constitute a quorum and shall be authorized to transact
business ofthe city council. Voting on the adoption of ordinances shall be by voice vote and
lbe vote shall be recorded in the journal, but any member of the city council shall have the
riaht to request a roll-call vote and such vote shall be recorded in the journal. Except as
3666
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
otherwise provided in this charter, the affirmative vote of three councilmembers shall be required for the adoption of any ordinance, resolution, or motion. (b) No member of the city council 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 member of the city council 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.
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 Harlem" 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 2.24 of this charter. Upon introduction of any ordinance, the city manager 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 2.23. Action requiring an ordinance.
Acts ofthe 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 three councilmembers and promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause,
GEORGIA LAWS 2008 SESSION
3667
declaration stating that an emergency exists and describing the emergency in clear and
~cific 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 50-14-21 of the Official Code of Georgia Annotated or such other applicable laws as are or may hereafter be enacted.
SECTION 2.25. Codes of technical regulations.
(a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of subsection (b) of Section 2.22 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 u the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the city clerk pursuant to Section 2.26 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.
SECTION 2.26. Signing; authenticating; recording; codification; printing.
(a) The city clerk shall authenticate by the city clerk's signature and record in full in a ptoperly 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 U the city council may specify. This compilation shall be known and cited officially as "The Code of the City of Harlem, 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 reuonable price as fixed by the city council.
3668
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code 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 ofany current changes in or additions to codes oftechnical 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 on the basis of executive and administrative qualifications.
SECTION 2.28. Removal of city manager.
The city manager is employed at will and may be summarily removed from office at any time by the city council.
SECTION 2.29 Acting city manager.
In the event the office of city manager is vacant, the mayor and city council shall appoint an acting city manager.
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 responsibilities, powers, and duties of the city manager shall be set forth in an ordinance adopted by city council.
SECTION 2.31. Council 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
GEORGIA LAWS 2008 SESSION
3669
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. This section shall not apply in an emergency situation. The emergency powers of the city council shall be set forth in an ordinance approved by city council.
SECTION 2.32. Selection of mayor and mayor pro tempore.
At each general election the voters of the city shall elect a mayor, subject to the provisions of Section 5.13 of this charter, for a term of four years. The city council shall elect from among its members a mayor pro tempore who shall act as mayor during the absence or disability of the mayor, but shall only vote once on matters before the city council. If a vacancy occurs with more than 12 months remaining in the vacating mayor's term of office, the mayor pro tempore shall become the interim mayor until a special election is held pursuant to Section 5.14 of this charter. If the term of office is 12 months or less, the mayor pro tempore shall fill out this term.
SECTION 2.33. Powers and duties of mayor.
The mayor shall: (1) Preside at all meetings of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes and be the official spokesperson for the city and the chief advocate of policy; (3) Have power to administer oaths and to take affidavits; and (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.
SECTION 2.34. Position of mayor pro tempore.
During the absence or physical or mental disability of the mayor for any cause, the mayor pro tempore, or in the mayor pro tempore's absence or disability for any reason, any one of the councilmembers chosen by a majority vote of the city council, shall be clothed with all the rights and privileges of the mayor and shall perform the duties of the office of the mayor so long as such absence or disability shall continue. Any such absence or disability shall be declared by majority vote of all councilmembers. The mayor pro tempore or selected councilmember shall sign all contracts and ordinances in which the mayor has a disqualifying fmancial interest as provided in Section 2.14 of this charter. When acting as mayor, the mayor pro tempore shall continue to vote as a member of the council.
3670
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ARTICLE Ill 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 the city. (b) Except as otherwise provided by this charter or by law, the directors and department heads of the city shall be appointed by the city manager solely on the basis of their respective administrative and professional qualifications. (c) All directors and department heads shall receive such compensation as prescribed by ordinance or resolution. (d) There shall be a director or a head of each department or agency who shall be its principal officer. Each director or department head shall be subject to the direction and supervision of the city manager. (e) All directors and department heads under the supervision of the city manager shall be appointed by the city manager. All appointed directors and department heads shall be employees at will and subject to removal or suspension at any time by the city manager unless otherwise provided by law or ordinance.
SECTION 3.11. Boards, commissions, and authorities.
(a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function 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 herein for original appointment, except as otherwise provided by this charter or by law.
_...
GEORGIA LAWS 2008 SESSION
3671
(f) No member of a board, commission or authority shall assume office until that person has executed and filed with the city clerk an oath obligating himself or 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 city clerk.
SECTION 3.12. City attorney.
The city council shall appoint a city attorney with confirmation 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 the person's position as city attorney. The city attorney is not a public official of the city and does not take an oath of office. The city attorney shall at all times be an independent contractor. A law firm, rather than an individual, may be designated as the city attorney.
SECTION 3.13. City clerk.
The city manager with confirmation of city council shall appoint a city clerk. The city clerk shall maintain city council records required by this charter and shall maintain the city seal. Duties of the city clerk shall be set forth by ordinance.
3672
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 3.14. 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. 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 Harlem.
SECTION 4.11. Chief judge; associate judge.
(a) The municipal court shall be presided over by a chiefjudge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless that person shall have attained the age of 21 years, shall be a member of the State Bar of Georgia, and shall possess all qualifications required by law. All judges shall be appointed by the city council and shall serve until a successor is appointed and qualified. (c) Compensation of the judges shall be fixed by ordinance. (d) Judges serve at will and may be removed from office at any time by the city council unless otherwise provided by ordinance. (e) Before assuming office, each judge shall take an oath given by the mayor that the judge will honestly and faithfully discharge the duties of the office to the best of that persons ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.20 of this charter.
GEORGIA LAWS 2008 SESSION
SECTION 4.12. Convening.
3673
The municipal court shall be convened at regular intervals as provided by ordinance.
SECTION 4.13. Jurisdiction; powers.
(a) The municipal court shall have jurisdiction and authority to try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 180 days or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now, or hereafter provided by law. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law. (e) The municipal court shall have 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 persons 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. (J) 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 MrVed as executed by any officer as authorized by this charter or by law. (h) Bach judge of the municipal court shall be authorized to issue warrants for the arrest of periODS charged with offenses against any ordinance of the city, and each judge of the 8UIIlicipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city.
3674
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 ofthe Superior Court of Columbia 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 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 Official Code of Georgia Annotated, the "Georgia Election Code," as now or hereafter amended.
SECTION 5.11. Election of the city council and mayor.
(a) Notwithstanding the provisions of subsection (b) of this section, there shall be a municipal general election biennially in the odd-numbered years on the Tuesday next following the first Monday in November. (b) The mayor and councilmembers serving on April!, 2008, shall serve out their terms and until their successors have been elected and qualified. On the Tuesday next following the first Monday in November, 2008, an election shall be held for the two councilmembers whose terms of office expire the following January. The two candidates for the office of councilmember elected pursuant to Section 5.13 of this charter shall be elected for initial terms of office of three years each and for terms of four years each thereafter and until their successors are duly elected and qualified. Thereafter, on the Tuesday next following the first
GEORGIA LAWS 2008 SESSION
3675
MondaY in November in 2010, an election shall be held for the two councilmembers and the ayor whose terms of office expire the following January. The two candidates for the office
~councilmember and the candidate for the office of mayor elected pursuant to Section 5.13
:{this charter shall be elected for initial terms of office of three years each and for terms of four years each thereafter 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 candidate receiving a plurality of the votes cast for the office of councilmember shall be elected. The candidate receiving the most votes, provided that such person receives at least 40 percent of the votes for the office of mayor shall be elected. If no candidate receives at lcast40 percent ofthe votes cast, there shall be a run-off election between the two candidates receiving the two highest number ofvotes. Such run-offelection shall be conducted pursuant to Code Section 21-2-501 of the Official Code of Georgia Annotated.
SECTION 5.14. Special elections; vacancies.
In the event that the office of mayor 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 mayor pro tempore shall serve 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 Official Code of Georgia Annotated, 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 auch rules and regulations it deems appropriate to fulfill any options and duties under the Georgia Election Code.
3676
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 ofthe Official Code of Georgia Annotated 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 provided in this paragraph shall have the right of appeal from the decision of the city council to the Superior Court of Columbia 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 Columbia County following a hearing on a complaint seeking such removal brought by any resident of the City of Harlem.
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 ofthe city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, 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 two installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due.
GEORGIA LAWS 2008 SESSION
SECTION 6.12. Occupation and business taxes.
3677
The city council by ordinance shall have the power to levy such occupation or business taxes 11 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 lball be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by the clerk. ilbe city council may provide by ordinance for the registration within a reasonable time of Ill franchises previously granted. (b) lfno 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.
3678
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, assessments, 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. 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. If unpaid, such charges shall be collected as provided in Section 6.18 ofthis charter.
SECTION 6.17. Construction; other taxes and fees.
This city shall be empowered to levy any other tax or fee allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs.
SECTION 6.18. Collection of delinquent taxes and fees.
The city council, by ordinance, may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi. fas.; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking city permits for failure to pay any city taxes or fees; and providing for the assignment or transfer of tax executions.
SECTION 6.19. General obligation bonds.
The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken.
GEORGIA LAWS 2008 SESSION
SECTION 6.20. Revenue bonds.
3679
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 city at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed. Contracts must be executed in accordance with the requirements ofCode Section 36-60-13 ofthe Official Code ofGeorgia Annotated 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 unless otherwise provided by state or federal law.
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 Clpital budget, including requirements as to the scope, content, and form of such budgets ad plans.
3680
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 city manager shall submit to the city council a proposed operating budget for the ensuing fiscal year. Operating budget procedures shall be set forth by an ordinance adopted by city council.
SECTION 6.26. Action by city council on budget.
Action by the city council on the budget shall be set forth by an ordinance adopted by the city council.
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 ordinances 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, 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 no later than 45 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 proposed budget. The city council shall not authorize an expenditure for the construction of any
GEORGIA LAWS 2008 SESSION
3681
building, structure, work, or improvement unless the appropriations for such projects are included in the capital budget, except to meet a public emergency as provided in Section 2.24
ofthis charter. (b) The city council shall adopt by resolution the final capital budget for the ensuing fiscal
year not later than the 31st day of December of each year. No appropriation provided for in 1abparlilohracvaepibtaelebnuadcgceotmsphlailslhleadpsoeruanbtailntdhoenpedu;rpporsoevfidoerdw, hhiocwh ethveera, ptphreopcritiyatimonanwagasermmadaye
submit amendments to the capital budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only
upon adoption by ordinance.
SECTION 6.30. Independent audit.
There shall be an annual independent audit of all city accounts, funds, and financial uansactions by a certified public accountant selected by the city council. The audit shall be coaducted according to generally accepted auditing principles. Any audit of any funds by dae state or federal government may be accepted as satisfying the requirements of this charter. Copies of annual audit reports shall be available at printing costs to the public.
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 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; and (3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 2.21 ofthis charter.
SECTION 6.32. Centralized purchasing.
'nle 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
lleld by the city for governmental or other purposes as now or hereafter provided by law.
3682
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) The city council may quitclaim any rights it may have in property not needed for public purposes upon 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 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 7.10. 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.
SECTION 7.11. Prior ordinances.
All ordinances, rules, and regulations now in force in the city not inconsistent with this charter are hereby declared valid and of full effect and force until amended or repealed by the city council.
SECTION 7.12. Pending matters.
Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be provided by the city council.
GEORGIA LAWS 2008 SESSION
SECTION 7.13. Construction.
3683
(a) Section captions in this charter are informative only and are not to be considered as a part
thereof.
(b) The word "shall" i_s mandatory and the word "~ay" is pe~missive.
..
.
(c) The singular shall mclude the plural, the masculine shall mclude the femmme, and v1ce
versa.
SECTION 7.14. Severability.
Ifany 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 depondent upon the part held to be invalid or unconstitutional, it being the
legislative intent in enacting this charter that each article, section, subsection, paragraph, IMIIltence, or part thereof be enacted separately and independent of each other.
SECTION 7.15. Specific repealer.
An Act incorporating the City of Harlem in the County of Columbia approved March 31, 1971 (Ga. L. 1971, p. 2557) is hereby repealed in its entirety and all amendatory acts thereto
are likewise repealed in their entirety. All other laws and parts of laws in conflict with this charter are hereby repealed.
SECTION 7.16. Effective date.
This charter shall become effective on July I, 2008.
SECTION 7.17. General repealer.
All laws and parts of laws in conflict with this Act are repealed.
3684
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 2008 session of the General Assembly of Georgia a bill to enact a new charter for the City of Harlem; and for other purposes.
This 2nd day of March, 2008.
Representative Barry A. Fleming II 7th District Mar.2, 2008
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Barry Fleming, who on oath deposes and says that he is the Representative from District 117 and further deposes and says that the attached Notice of Intention to Introduce . Local Legislation was published in the Columbia County News-Times which is the official : organ of Columbia County on March 2, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ BARRY FLEMING Barry Fleming Representative, District 117
Sworn to and subscribed before me, this 19th day of March 2008.
sl DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 12, 2008.
GEORGIA LAWS 2008 SESSION
3685
CITY OF POWDER SPRINGS-MAYOR AND COUNCIL; ELECTION, TERMS, AND QUALIFICATIONS; VACANCIES.
No. 477 (Senate Bill No. 398).
AN ACT
To amend an Act creating a new charter for the City of Powder Springs, approved March 13, 1970 (Ga. L. 1970, p. 2760), as amended, particularly by, but not exclusively by, an Act approved March 19, 1987 (Ga. L. 1987, p. 4043), so as to provide for the mayor's or city councilmembers' terms and qualifications for office; to provide for applicability of general law; to provide for election of the city council and mayor; to change the description of the wards; to provide for nonpartisan elections; to provide for election by majority; to provide for special elections; to provide for vacancies; to provide for other provisions; to provide for removal of officers; to provide for submission of this Act for preclearance under the Voting
Rilbts Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. All Act creating a new charter for the City of Powder Springs, approved March 13, 1970 (Ga. L. 1970, p. 2760), as amended, particularly by, but not exclusively by, an Act approved March 19, 1987 (Ga. L. 1987, p. 4043), by revising Section 2.11 to read as follows:
"Section 2.11. City council terms and qualifications for office. Except as otherwise provided in this charter, the mayor and members of the city council aball 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 aball have been a resident of the city for a period of 12 months immediately prior to the date ofhis or her qualifying for the office of mayor or member of the city council; and the mayor or councilmember shall continue to reside therein during his or her period of service IIlii to be registered and qualified to vote in municipal elections of this city.n
SECTION 2. Slid Act is further amended by revising Sections 5.10 through 5.16 as follows:
'Section 5.10.
Applicability of general law.
llueptas otherwise provided by this charter, all primaries and elections shall be held and ~ted in conformity so far as applicable with the provisions of Chapter 2 of Title 21
3686
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ofthe O.C.G .A., the 'Georgia Election Code,' as it now exists or may hereafter be amended. Whenever any time period established by said chapter is altered so as to change or supersede any time period provided in this charter, it shall be considered that said periods in this charter shall be correspondingly changed so as to avoid conflict between the charter and the general law.
Section 5.II. Election of the city council and mayor. (a) There shall be a municipal general election biennially on the Tuesday next following the first Monday of November in odd-numbered years. (b) For the purpose of electing three councilmembers, the City of Powder Springs shall be divided into three wards, each such ward being represented by one councilmember. The councilmember representing each such ward shall be elected only by the electors residing in that ward, and not at large. (c)( 1) The three wards shall be and correspond to those three numbered districts described in and attached to and made a part of this Act and further identified as Plan Name: powderspringsOI Plan Type: Local User: Gina Administrator: Powder Springs. (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 the City of Powder Springs which is not included in any such ward described in that attachment shall be included within that ward contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of the City of Powder Springs which is described in that attachment as being in a particular ward shall nevertheless not be included within such ward if such part is not contiguous to such ward. Such noncontiguous part shall instead be included within that ward contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. (d) The mayor and the remaining two councilmembers shall be elected at large. The two at-large council positions shall hereafter be known as 'At-Large Council Post I' and 'At-Large Council Post 2,' respectively. Candidates for election to either of said positions shall, upon qualifying for such election, designate by post number the specific position sought. The mayor and the said two at-large councilmembers shall be elected at the regular municipal election in 2007 and every four years thereafter; shall take office on the first Monday in January following their elections; and shall, except as otherwise provided in this section, serve for a term of four years and until their successors are elected and qualified. The mayor and the said two at-large councilmembers shall have been residents of the City
GEORGIA LAWS 2008 SESSION
3687
of Powder Springs for a period of 12 months immediately prior to the date of qualifying and shall continue to reside therein during their period of service and shall be registered and qualified to vote in municipal elections of the city. (d) Each councilmember from Ward I, Ward 2, and Ward 3 shall be elected from and by the electors of only the ward he or she represents and must be a resident of such ward. Members from Wards I, 2, and 3 shall be elected at the regular municipal election in 2009 and every four years thereafter; and shall, except as otherwise provided by this charter or local law, serve for a term of four years and until their successors are elected and qualified. The councilmembers from Ward I, Ward 2, and Ward 3 shall have been residents of the city for a period of 12 months immediately prior to the date of qualifying and shall continue to reside therein during their period of service and shall be registered and qualified to vote in municipal elections of the city.
Section 5.12. Nonpartisan elections. Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party designations.
Section 5.13. Election by majority. The candidate receiving a majority of the votes cast for any city office shall be elected. In instances where no candidate receives a majority of the votes cast, a run-off primary or election between the candidates receiving the two highest numbers of votes shall be held. Said run-off primary or election shall be conducted in accordance with Code Section 21-2-501 of the O.C.G.A.
Section 5.14. Special election; vacancies. In the event that the office of mayor or councilmember shall become vacant for any cause whatsoever, the mayor and city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within six months of the expiration of the term of that office, the mayor and 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.'
Section 5.15. Other provisions. Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'
3688
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 5.16. Removal of officers. (a) Except as otherwise provided in this charter, the mayor, councilmembers, or other appointed officers provided for in this charter shall be removed from office for any one or more of the following causes: (1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a crime involving moral turpitude; (3) Failure at any time to possess any of the qualifications of office as provided by this charter or by law; (4) Knowingly violating any express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; (6) Failure for any other cause to perform the duties of office as required by this charter or by state law; or (7) Failure to attend four consecutive regular council meetings. (b) The removal of an officer pursuant to this section shall be accomplished by the vote of three officers from the membership of the city council and office of mayor after an investigative hearing. In the event an elected officer is sought to be removed by the action of the mayor and 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 to appeal from the decision of the mayor and city council to the Superior Court of Cobb County. Such an appeal shall be governed by the same rules as govern appeals to the superior court from the probate court. (c) Recall of public officers is governed by Chapter 4 of Title 21 of the O.C.G.A.'
SECTION 3. The governing authority of the City of Powder Springs 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.
Plan Name: powderspringsOl Plan Type: Local User: Gina Administrator: Powder Springs
Redistricting Plan Components Report
GEORGIA LAWS 2008 SESSION
District 00 1 Cobb County
Tract: 315.01 80:2 2012 2015 2017 2022 2023 2024 2032 2033 2034
80:3 3000 3001 3002 3004 3006 3013 3015 3018 3022 3028 3029
80:5
sooo
80:7 7003 7004 7009 Tract: 315.05 80:1 10011010 lOll 1012 1013 1014 1015 1023 1024
80:2 .: 2001 2002 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2036 2037 2038 2039 2040 2041 2043 2044 2999 80:3 3000 3001 3002 3005 3008 3009 3010 3011 3012 3013 3014 3015 3019
District 002 Cobb County
Tract: 314.05 80:4 4008 Tract: 315.03 80:2 2018 2019 Tract: 315.04 80:1 1007 80:2 2006 2007 2008 20 l 0 2015 2016 2017 2019 2020 2021 2022 2024 2026 2027 2028 2030 2031 2034 2035 2036 80:3 3000 3001 3002 3003 3004 3005 3006 3012 3013 3014 3015 3029
3689
3690
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
District 003
Cobb County
Tract:315.01
BG: 1
1010 1011 1012 1017
Tract: 315.04
BG: 1
1008 1009 1010 1011 1013 1014 1999
BG: 3
3007 3008 3009 3010 3011 3016 3017 3018 3019 3020 3021 3022
3023 3024 3027 3031 3032
BG:4
4003 4004 4005 4006 4007 4008 4009 4010 4011 4014 4015 4016
'
0
4018 4020
Tract: 315.05
BG: 1
1000 1007 1017 1018 1020 1021 1022
BG: 2
2000 2018 2019 2034 2035 2045 2046 2047 2048 2049 2050 2051
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2008 Session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Powder Springs approved March 13, 1970 (Ga. L. 1970, p. 2760), as amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 4043), so as to provide for city council terms and qualifications for office; for applicability of general law; for election of the city council and mayor; for nonpartisan elections; for election by majority; for special election; for vacancies; for other provisions; for removal of officers; to repeal conflicting laws; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Steve Thompson, who on oath deposes and says that he is the Senator from District 33 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County on January 11,2008, and that the notice requirements of Code Section 28-1-14 have been met.
GEORGIA LAWS 2008 SESSION
3691
s/ STEVE THOMPSON Steve Thompson Senator, District 33
Sworn to and subscribed before me, tbis 29th day of January, 2008.
sJ DEANA MOSHER
Deana Mosher NotarY Public, Henry County, Georgia
My Commission Expires Aug. 25, 2011
(SEAL)
Approved May 12, 2008.
COBB COUNTY- BOARD OF COMMISSIONERS; COMPENSATION.
No. 478 (House Bill No. 1347).
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:
SECTION 1. AD 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 Soction 8 of the Act as follows:
'(a) Commissioners, other than the chairperson, shall be paid as their entire compensation for sorvices as commissioners the sum of $42,582.59 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 $129,877.45 per aanum, 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 lbe chairperson and the additional duties and responsibilities of that position, the Chairperson shall be compensated on a full-time employment basis; provided, however, the
3692
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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.'
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 2008 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.
This 22 day of January 2008.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Steve Tumlin, who on oath deposes and says that he is the Representative from District 38 and further deposes and says that the attached Notice oflntention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County on January 25,2008, and that the notice requirements of Code Section 28-1-14 have been met.
sf STEVE TUMLIN Steve Tumlin Representative, District 38
GEORGIA LAWS 2008 SESSION
3693
sworn to and subscribed before me, tbis 26th day of February 2008.
s1 LAURA E. HURD Laura E. Hurd
NotarY Public, Clayton County, Georgia
My Commission Expires July 29,2011
(SEAL)
Approved May 12, 2008.
COBB COUNTY-MARIETTA WATER AUTHORITY- INCREASE DEBT LIMIT.
No. 479 (House Bill No. 1330).
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 28, 1986 (Ga. L. 1986, p. 5296), so as to provide for an increase in the debt limit for the issuance of negotiable bonds; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Ac:t creating the Cobb County-Marietta Water Authority, approved February 21, 1951 (Ga. L. 1951, p. 497), as amended, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 5296), is amended by revising Section 5 as follows:
'Section 5. The authority, or any authority or body which has or which may in the future 111c:c:eed to the powers, duties, and liabilities vested in the authority created hereby, shall have power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance ofnegotiable revenue bonds in a sum not to exceed $400 million outstanding at any one time of the authority for the purpose of paying all or any part of the COlt u herein defined of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding the interest allowed by Chapter 62 of Title 36 of the Official Code of Georgia Almotsted, the 'Revenue Bond Law,' as now or hereafter amended, payable semiannually, lhaU 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
3694
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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.'
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 2008 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 28, 1986 (Ga. L. 1986, p. 5296), so as to provide for an increase in the debt limit for the issuance of negotiable bonds; to repeal conflicting laws; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rich Golick, who on oath deposes and says that he is the Representative from District 34 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 22, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ RICH GOLICK Rich Golick Representative, District 34
Sworn to and subscribed before me, this 26th day of February 2008.
sf DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 12, 2008.
GEORGIA LAWS 2008 SESSION
3695
COBB COUNTY -STATE COURT; CLERK; DEPUTY CLERK; COMPENSATION.
No. 480 (House Bill No. 1308).
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 29, 2007 (Ga. L. 2007, p. 4136), 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. AD 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 29, 2007 (Ga. L. 2007, p. 4136), is amended by striking paragraph (4) ofsubsection (b) of Section 17, which reads as follows:
"(4) The salary of the chief deputy clerk shall be $91,769.60 to be paid in equal monthly illatallments from funds of Cobb County.',
aac1 inserting in lieu thereof a new paragraph (4) to read as follows:
"(4) The salary of the chief deputy clerk shall be $95,440.38 to be paid in equal monthly illatallments 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$101,966.14 payable in equal monthly installments from the funds of Cobb County.',
aacl inserting in lieu thereof the following:
"The clerk of the State Court of Cobb County shall receive an annual salary of $106,044.78 payable in equal monthly installments from the funds of Cobb County.'
SECTION 3. Tbia Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4.
AD laws and parts of laws in conflict with this Act are repealed.
3696
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is give that there will be introduced at the regular 2008 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 22 day of January 2008.
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 January 25, 2008, 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 20th day of February 2008.
s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)
Approved May 12, 2008.
CITY OF KENNESAW- CORPORATE LIMITS.
No. 481 (House Bill No. 1304).
AN ACT
To amend an Act creating a new charter for the City of Kennesaw, approved April 10, 1971 (Ga. L. 1971, p. 3620), as amended, so as to change the provisions relating to the corporate limits of the city; to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 2008 SESSION BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
3697
SECTION 1. An Act creating a new charter for the City of Kennesaw, approved April I0, 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!. 1520 Old Highway 41
All that tract or parcel of land lying and being in Land Lot 212, 20th District, 2nd Section, Cobb County, Georgia, as per plat of survey by J.A. Evans & Associates and being shown on said plat of survey as 3.506 acres of land, and being more particularly described as follows:
Beginning at an iron pin located at the intersection of the northwesterly right-of-way of Oakridge Drive and the northeasterly right-of-way of Old Highway 41 (having a 60-foot right-of-way); thence north 42 degrees 38 minutes 19 seconds west a distance of 87.98 feet
to an iron pin; thence in a northwesterly direction along the northeasterly right-of-way of
Old Highway 41 along an arc distance of 346.13 feet to an iron pin; thence north 47 degrees 02 minutes 20 seconds west a distance of27.72 feet to an iron pin; thence north Sl degrees 56 minutes 13 seconds east a distance of323.75 feet to an iron pin; thence south 43 degrees 20 minutes 47 seconds east a distance of499.66 feet to an iron pin; thence south 54 degrees 49 minutes 13 seconds west a distance of 175.12 feet to an iron pin; thence aouth 63 degrees 49 minutes 13 seconds west a distance of 145.82 feet to an iron pin, the same being the point of beginning.
Tract 2. 1525 Oakridge Drive
AU that tract or parcel of land lying and being in Land Lot 212 of the 20th District, 2nd Section of Cobb County, Georgia, and being more particularly described as follows:
BEGINNING at a #4 rebar found at the intersection of Land Lots 212, 211, 245 and 246, said District and Section; running thence along the southerly land lot line of Land Lot 212, north 87 degrees 51 minutes 29 seconds west a distance of 215.23 feet to a point; continuing thence along the southerly land lot line of Land Lot 212, north 87 degrees 51 minutes 09 seconds west a distance of 589.46 feet to a #4 rebar set on the easterly right-of-way of Old Highway 41; running thence along the easterly right-of-way of Old
3698
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Highway 41 north 39 degrees 55 minutes 54 seconds west a distance of 87.87 feet to a #4 rebar set at the southerly intersection of the right-of-way of Oakridge Drive and Old Highway 41; running thence along the southerly right-of-way of Oakridge Drive north 62 degrees 40 minutes 12 seconds east a distance of 56.61 feet to a point; proceeding thence along the southerly right-of-way of Oakridge Drive a curve to the right having a radius of 399.87 feet, a chord bearing of south 69 degrees 53 minutes 12 seconds west and a chord distance of98.45 feet, for an arc length of98.69 feet to a point; continuing thence along the southerly right-of-way of Oakridge Drive north 80 degrees 06 minutes 03 seconds east a distance of 51.12 feet to a point; continuing thence along the southerly right-of-way of Oakridge Drive north 81 degrees 18 minutes 15 seconds east a distance of 49.70 feet to a point; continuing thence along the southerly right-of-way of Oakridge Drive north 78 degrees 48 minutes 28 seconds east a distance of 47.87 feet to a point; continuing thence along the southerly right-of-way ofOakridge Drive along a curve to the right having a radius of 145.30 feet, a chord bearing of north 61 degrees 06 minutes 30 seconds east and a chord distance of 119.13 feet, for an arc length of 122.75 feet to a point; continuing thence along the southerly right-of-way of Oakridge Drive north 35 degrees 49 minutes 04 seconds east a distance of 50.79 feet to a point; continuing thence along the southerly right-of-way of Oakridge Drive north 36 degrees 23 minutes 32 seconds east a distance of 51.25 feet to a point; continuing thence along the southerly right-of-way ofOakridge Drive north 35 degrees 42 minutes 21 seconds east a distance of 50.26 feet to a point; continuing thence along the southerly right-of-way of Oakridge Drive north 35 degrees 37 minutes 48 seconds east a distance of 48.52 feet to a #4 rebar set; thence leaving said right-of-way of Oakridge Drive and running thence south 57 degrees 31 minutes 44 seconds east a distance of305.92 feet to a point; running thence south 00 degrees 38 minutes 16 seconds west a distance of 257.58 feet to the #4 rebar found at the point of beginning, said tract containing 4.52 acres.'
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 2008 session ofthe General Assembly a bill to amend an Act creating a new charter for the City of Kennesaw, approved AprillO, 1971 (Ga. L. 1971, p. 3620), as amended, and for other purposes.
This the 31st day of January 2008.
Rep. R. Steve Tumlin, Jr. Chairman, Cobb County Delegation District 38 Georgia House of Representatives
GEORGIA LAWS 2008 SESSION
3699
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ed 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 8, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ ED SETZLER Ed Setzler Representative, District 35
Sworn to and subscribed before me, this 29th day of February 2008.
sJ DEANA MOSHER
Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SBAL)
Approved May 12, 2008.
COBB COUNTY- STATE COURT; JUDGES; COMPENSATION.
No. 482 (House Bill No. 1250).
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 29, 2007 (Ga. L. 2007, p. 4086), 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:
3700
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 29, 2007 (Ga. L. 2007, p. 4086), is amended by striking from Section 23 of Part 1 the following:
'The salary of the judges of Division I of the State Court of Cobb County shall be $150,917.21 per annum.', and inserting in lieu thereof the following: 'The salary of the judges of Division I of the State Court of Cobb County shall be $156,954.00 per annum.'
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming Jaw 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 give that there will be introduced at the regular 2008 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 22 day of January 2008.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Steve Tumlin, who on oath deposes and says that he is the Representative from District 38 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County on January 25, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ STEVE TUMLIN Steve Tumlin Representative, District 38
GEORGIA LAWS 2008 SESSION
sworn to and subscribed before me,
this 14th day of February 2008.
s1 DEANA MOSHER
Deana Mosher NotarY Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 12, 2008.
3701
CITY OF MARIETTA- BOARD OF EDUCATION; COMPENSATION.
No. 483 (House Bill No. 1223).
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. 1014), as amended particularly by an Act approved May 29, 2007 (Ga. L. 2007, 4201 ), 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, 1890 (Ga. L. 1890-91, Vol. II, p. 1014), as amended particularly by ID Act approved May 29, 2007 (Ga. L. 2007, 4201), is amended by revising subsection (c) of Section 3 as follows:
"(c) The members of the board shall be paid $576.00 per month as compensation out of the budget of the board of education revenues, and the chairperson shall be compensated an additional $104.00 per month out of the budget of the board of education revenues.'
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.
3702
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 2008 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 ofCobb, approved December 29, 1890 (Ga. L. 1890-1891, Vol. II, p. I014), as amended and for other purposes.
This 22 day of January 2008.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rob Teilhet, who on oath deposes and says that he is the Representative from District 40 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County on January 25, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ ROB TEILHET Rob Teilhet Representative, District 40
Sworn to and subscribed before me, this 13th day of February 2008.
s/ LAURA HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)
Approved May 12, 2008.
COBB COUNTY- DEPUTY CLERK OF SUPERIOR COURT; COMPENSATION.
No. 484 (House Bill No. 1109). 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,
GEORGIA LAWS 2008 SESSION
3703
apProved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved May 29,2007 (Ga. L. 2007, p. 4217), 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 29,2007 (Ga. L. 2007, p. 4217), 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 $95,440.39 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 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. Thia 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.
N. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION is given that there will be introduced at the regular 2008 session of the General ~bly of Georgia a bill to amend an Act changing the compensation of the clerk of the
3704
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 22 day of January 2008.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Steve Tumlin, who on oath deposes and says that he is the Representative from District 38 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County on January 25,2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ STEVE TUMLIN Steve Tumlin Representative, District 38
Sworn to and subscribed before me, this 5th day of February 2008.
s/ LAURA HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)
Approved May 12, 2008.
COBB COUNTY- STATE COURT; JUDGES; COMPENSATION.
No. 485 (House Bill No. 820).
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
GEORGIA LAWS 2008 SESSION
3705
(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), ia 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. AU 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 Auembly 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 ippR)Ved May l, 2006 (Ga. L. 2006, p. 3984), so as to change the compensation of the judges ofthe state court; to provide an effective date; to repeal conflicting laws; and for other purposes.
Tbia 21st day of January 2007.
llepreaentative Steve Tumlin
Cobb Delegation Chairman
GEORGIA, FULTON COUNTY
Penonally appeared before me, the undersigned authority, duly authorized to administer ....... Steve Tumlin, who on oath deposes and says that he is the Representative from
Diltric:t 38 and further deposes and says that the attached Notice of Intention to Introduce
3706
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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/ STEVE TUMLIN Steve Tumlin Representative, District 38
Sworn to and subscribed before me, this 30th day of March 2007.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 12, 2008.
CHEROKEE COUNTY- HOMESTEAD EXEMPTION; COUNTY TAXES; BASE YEAR; REFERENDUM.
No. 486 (House Bill No. 1269).
AN ACT
To provide for a homestead exemption from Cherokee County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions ofthe exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) As used in this Act, the term:
(I) "Ad valorem taxes for county purposes" means all ad valorem taxes for county purposes levied by, for, or on behalf ofCherokee County, including, but not limited to, any ad valorem taxes to pay interest on and to retire county bonded indebtedness.
GEORGIA LAWS 2008 SESSION
3707
(l) "Base year" means the t~xable year ~mmediately .preceding the taxable year in which tbe exemption under subsectiOn (b) of th1s sectiOn 1s first granted to the most recent owner
of such homestead. (3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of tbe O.C.G.A., as amended. (b) Each resident of Cherokee County is granted an exemption on that person's homestead
from Cherokee County ad valorem taxes for county purposes in an amount equal to the
IJilount 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 such homestead or additional land that is added to such homestead after January 1 of the base year. If any real property is removed from such homestead, the base
year assessed value shall be adjusted to reflect such removal, and the exemption shall be
recalculated accordingly. The value of that property in excess of such exempted amount
sball remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this
ICCtion unless such person or person's agent files an application with the tax commissioner
ofCberokee County, giving such information relative to receiving such exemption as will
eoable tbe tax commissioner of Cherokee County to make a determination regarding the
illitial and continuing eligibility of such person for such exemption. The tax commissioner
of Cherokee County shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of
the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year u long as the person granted the homestead exemption under subsection (b) of this section
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
lhall be the duty of any person granted the homestead exemption under subsection (b) of this
IOCtion to notify the tax commissioner of Cherokee County in the event that person for any
NUOn becomes ineligible for such exemption. ~e) The exemption granted by subsection (b) of this section shall not apply to or affect any
Mate ad valorem taxes, county or independent school district ad valorem taxes for educational
flrposes, or municipal ad valorem taxes for municipal purposes. The homestead exemption
atbtcd by subsection (b) of this section shall be in addition to and not in lieu of any other
~teadexemption applicable to Cherokee County ad valorem taxes for county purposes.
(f) The exemption granted by subsection (b) of this section shall apply to all taxable years
"ainning on or after January 1, 2009.
SECTION 2. Ualeu prohibited by the federal Voting Rights Act of 1965, as amended, the election llperintendent of Cherokee County shall call and conduct an election as provided in this IICtion for the purpose of submitting this Act to the electors of Cherokee County for
3708
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
approval or rejection. The election superintendent shall conduct that election on the date of the July, 2008, state-wide general primary 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 Cherokee County. The ballot shall have written or printed thereon the words:
"( ) YES ( ) NO
Shall the Act be approved which provides a homestead exemption from Cherokee County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead?"
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 ofthe Act, Section I ofthis 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 ofthis Act shall not become effective, and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Cherokee County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2008 session of the General Assembly of Georgia a bill to provide for a homestead exemption from Cherokee County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; and for other purposes.
This 9th day of February, 2008
Representative Sean Jerguson 22nd District
GEORGIA LAWS 2008 SESSION
3709
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 9, 2008, 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 11th day of February 2008.
sJ DEANA MOSHER
Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 12, 2008.
CITY OF HOLLY SPRINGS -HOMESTEAD EXEMPTION; CITY TAXES; BASE YEAR; REFERENDUM.
No. 487 (House Bill No. 1271).
AN ACT
To provide for a homestead exemption from City of Holly Springs 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 defmitions; 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:
3710
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 Holly Springs, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Base year" means the taxable year immediately preceding the taxable year in which the exemption under subsection (b) of this section is first granted to the most recent owner of such homestead. (3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (b) Each resident of the City of Holly Springs is granted an exemption on that person's homestead from City of Holly Springs 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 ofthat homestead. This exemption shall not apply to taxes assessed on improvements to such homestead or additional land that is added to such homestead after January I of the base year. If any real property is removed from such homestead, the base year assessed value shall be adjusted to reflect such removal, and the exemption shall be recalculated accordingly. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless such person or person's agent files an application with the governing authority of the City of Holly Springs, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority ofthe City of Holly Springs, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such person for such exemption. The governing authority of the City of Holly Springs, 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 person granted the homestead exemption under subsection (b) of this section 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) ofthis section to notify the governing authority ofthe City ofHolly Springs, or the designee thereof, in the event that person for any reason becomes ineligible for such exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect any state ad valorem taxes, county ad valorem taxes for county purposes, 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
GEORGIA LAWS 2008 SESSION
3711
lilY other homestead exemption applicable to City of Holly Springs 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, 2009.
SECTION 2.
Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Holly Springs shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Hotly Springs for approval or rejection. The municipal election superintendent shall conduct
that election on the date of the July, 2008, state-wide general primary and shall issue the call
and conduct that election as provided by general law. The municipal election superintendent
lball cause the date and purpose of the election to be published once a week for two weeks
iiiiJDediately preceding the date thereof in the official organ of Cherokee County. The ballot
lball have written or printed thereon the words:
( ) YES ( ) NO
Shall the Act be approved which provides a homestead exemption from City of Holly Springs 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?"
AU 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
IUCh question are for approval of the Act, Section 1 of this Act shall become of full force and
eft'ect on January I, 2009. If the Act is not so approved or if the election is not conducted a provided in this section, Section I of this Act shall not become effective, and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Holly Springs. It shall be tbe municipal election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 3.
&c:ept as otherwise provided in Section 2 of this Act, this Act shall become effective upon ill~pproval 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 ~ is given that there will be introduced at the regular 2008 session of the General AaemblyofGeorgia a bill to provide for a homestead exemption from City of Holly Springs
3712
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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; and for other purposes.
This 9th day of February, 2008
Representative Sean Jerguson 22nd District
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 9, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
sf SEAN JERGUSON Sean Jerguson Representative, District 22
Sworn to and subscribed before me, this II th day of February 2008.
sf DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 12, 2008.
GEORGIA LAWS 2008 SESSION
3713
CITY OF WOODSTOCK- HOMESTEAD EXEMPTION; CITY TAXES; BASE YEAR; REFERENDUM.
No. 488 (House Bill No. 1272).
AN ACT
To provide for a homestead exemption from City of Woodstock 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 defmitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
(a) As used in this Act, the term:
(I) Ad valorem taxes for municipal purposes" means all municipal ad valorem taxes for
municipal purposes levied by, for, or on behalf of the City of Woodstock, including, but
aot limited to, any ad valorem taxes to pay interest on and to retire municipal bonded
illdebtedness.
(2) "Base year" means the taxable year immediately preceding the taxable year in which
the exemption under subsection (b) of this section is first granted to the most recent owner
ofsuch homestead.
(3) "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 Woodstock is granted an exemption on that person s
llomestead from City of Woodstock 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
llae year assessed value ofthat homestead. This exemption shall not apply to taxes assessed
OD Improvements to such homestead or additional land that is added to such homestead after
llllllary 1 of the base year. If any real property is removed from such homestead, the base
Jill' usessed value shall be adjusted to reflect such removal, and the exemption shall be
NCalculated accordingly. The value of that property in excess of such exempted amount
IliaD remain subject to taxation.
(c) A person shall not receive the homestead exemption granted by subsection (b) of this
~on unless such person or persons agent files an application with the governing authority
ftthe ~~sCuitcy hof
Woodstock, exemption as
or the designee thereof, giving such will enable the governing authority of
information relative to the City of Woodstock,
the designee thereof, to make a determination regarding the initial and continuing
3714
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
eligibility of such person for such exemption. The governing authority of the City of Woodstock, 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 person granted the homestead exemption under subsection (b) of this section 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 such exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect any state ad valorem taxes, county ad valorem taxes for county purposes, 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 City of Woodstock 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, 2009.
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 date of the July, 2008, state-wide general primary 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 ( ) NO
Shall the Act be approved which provides a homestead exemption from City of Woodstock 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, 2009. 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
GEORGIA LAWS 2008 SESSION
37I5
elate. 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 3. Bxcept 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 2008 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 an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; and for other purposes.
This 9th day of February, 2008.
Representative Sean Jerguson 22nd District
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 9, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
sf SEAN JERGUSON Sean Jerguson Representative, District 22
3716
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 11th day of February 2008.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 12, 2008.
CITY OF WALESKA-MAYOR AND COUNCIL; TERMS OF OFFICE.
No. 489 (House Bill No. 1406).
AN ACT
To amend an Act creating a new charter for the City of Waleska, approved May 4, 1992 (Ga. L. 1992, p. 6774), as amended, so as to provide for four-year terms of office for the mayor and councilmembers; to provide for staggered terms ofoffice; to provide for the initial implementation of the staggered terms; to provide for the authority for this Act; 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 Waleska, approved May 4, 1992 (Ga. L. 1992, p. 6774), as amended, is amended by revising Section 2.11 as follows:
"SECTION 2.11. Elections
(a) The mayor and councilmembers shall be elected in the manner provided by general law and this charter. All primaries and elections shall be held and conducted in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended. The city shall by ordinance prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the "Georgia Election Code." (b) 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.
GEORGIA LAWS 2008 SESSION
3717
(c) 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 be a United States citizen 18 years of age or older, has been a resident of the city for 12 months prior to the date of the election of the mayor and councilmembers, continues to reside within the city during the member's period ofservice, and shall be registered and qualified to vote in the municipal elections of this city. (d) The three councilmembers elected in November, 2005, whose terms normally expire on December 31, 2009, shall remain in office until December 31, 2009, and until their successors are elected and qualified. On the Tuesday next following the first Monday in November, 2009, and quadrenially thereafter, the successors to such three councilmembers shall be elected and shall serve for terms of office of four years and until their successors are elected and qualified and shall take office on the first day of January immediately following
their election. (e) The mayor and three councilmembers elected in November, 2004, whose terms normally expire on~ember 31, 2008, shaUtemain in office until D'ecember 31, 2008, and until their successors are elected and qualified. On the Tuesday next following the first Monday in November, 2008, the successors to the mayor and such three councilmembers shall be elected and shall serve for terms of office ofthree years and until their successors are elected and qualified and shall take office on the first day of January immediately following their election. On the Tuesday next following the first Monday in November, 2011, and quadrenially thereafter, the successors to the mayor and such three councilmembers shall be elected and shall serve for terms of office of four years and until their successors are elected and qualified and shall take office on the first day of January immediately following their election.'
SECTION 2. This Act is enacted pursuant to the authority provided in Code Section 21-2-541.2 of the Official Code of Georgia Annotated.
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 2008 session of the General Asaembly of Georgia a bill to amend an Act creating a new charter for the City of Waleska, approved May 4, 1992 (Ga. L. 1992, p. 6774), as amended, and for other purposes.
This 17th day of February, 2008.
llepresentative Calvin Hill 21st District
3718
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Calvin Hill, who on oath deposes and says that he is the Representative from District 21 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Cherokee Tribune which is the official organ of Cherokee County on February 17, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
sl CALVIN HILL Calvin Hill Representative, District 21
Sworn to and subscribed before me, this 25th day of February 2008.
sl DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 12, 2008.
COOK COUNTY- BOARD OF ELECTIONS AND REGISTRATION; CREATE.
No. 490 (House Bill No. 1361).
AN ACT
To create a board of elections and registration for Cook County and to provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for certain expenditures of public funds; to provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for related matters; to provide for submission under Section 5 of
GEORGIA LAWS 2008 SESSION
3719
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 Cook County, hereinafter referred to as "the board." The board shall have the powers, duties, and responsibilities of the superintendent of elections ofCook County under Chapter 2 of Title 21 ofthe O.C.G.A., the "Georgia Election Code," currently being exercised by the judge of the Probate Court of Cook County, and the powers, duties, and responsibilities of the Board of Registrars of Cook 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 Cook County, and "county" means Cook County.
SECTION 3. (a) The board shall be composed of five members who shall be appointed as provided in this section. (b) The members of the board shall be appointed by the governing authority of Cook County. One member shall be selected by the governing authority of Cook County to serve as chairperson of the board who shall serve as such during his or her term of office. (c) All appointments to the board shall be promptly certified by the governing authority of Cook County to the Clerk of the Superior Court of Cook County. (d) In making the initial appointments to the board, the members shall be appointed by the governing authority of Cook County not later than January 1, 2009. The governing authority shall designate two of the initial appointees to serve a term beginning on January 1, 2009, and ending on December 31, 2010, and until their successors are duly appointed and qualified. Successors to such members shall thereafter be appointed to serve terms of office of four years beginning January I, 2011, and until their successors are duly appointed and qualified. The other appointees shall serve terms beginning on January I, 2009, and ending on December 31, 2012, and until their successors are duly appointed and qualified. Successors to such members shall thereafter be appointed to serve terms of office of four years beginning January 1, 2013, and until their successors are duly appointed and qualified. Thereafter, all members shall be appointed to serve four-year terms of office.
3720
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 Cook County and must have been registered voters in Cook County for a period of at least one year prior to the date of their appointment to the board.
SECTION 5. The governing authority of Cook 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 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 have the right to resign at any time by giving written notice ofsuch resignation to the governing authority ofCook County and to the clerk ofthe superior court and shall be subject to removal from the board by the governing authority of Cook . 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 governing authority of Cook County 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, determine its procedural rules and regulations, adopt bylaws, specify the functions and duties of its employees, and otherwise
GEORGIA LAWS 2008 SESSION
3721
take such action as is appropriate to the management of the affairs committed to its pervision; provided, however, that no such action shall conflict with state law. Action and
~~ision 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 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 for the public to review.
SECTION 10. The board shall have the authority to contract with any municipality located within Cook County for the holding by the board of any primary or election to be conducted within such
municipality.
SECTION 11. (a) The governing authority of Cook County 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
lllall be considered an employee of Cook County and shall be entitled to the same benefits u other employees of Cook County. (b) The governing authority of Cook County shall be authorized to employ additional clerical assistants as needed to carry out the duties and functions of the board. All such clorical assistants shall be considered employees of Cook County and shall be entitled to the same benefits as other employees of Cook County.
SECTION 12. Compensation for the members ofthe board, election supervisor, clerical assistants, and other employees shall be fixed by the governing authority of Cook County. Such compensation ahall be paid wholly from county funds.
SECTION 13. The governing authority of Cook County shall provide the board with such proper and llitable offices, equipment, materials, and supplies and with such clerical assistance and other employees as the governing authority of Cook County deems appropriate.
SECTION 14. The board of commissioners of Cook County shall through its legal counsel cause this Act to be submitted for preclearance under Section 5 of the federal Voting Rights Act of 1965,
U amended, and such submission shall be made to the United States Department of Justice
3722
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 15. This Act shall become effective on 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, 2009. Upon this Act becoming fully effective, the judge of the Probate Court of Cook County and the Board of Registrars of Cook 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. On such date, the Board of Registrars of Cook County shall be abolished.
SECTION 16. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2008 session of the General Assembly of Georgia a bill to create a board of elections and registration for Cook 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 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 compensation of members of the board and personnel; to provide for offices and equipment; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for related matters; to provide for submission 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.
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 February 20, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
GEORGIA LAWS 2008 SESSION
3723
s/ PENNY HOUSTON Penny Houston Representative, District 170
Sworn to and subscribed before me,
this 27th day of February 2008.
s1 DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 12, 2008.
COBB COUNTY- STATE COURT; SOLICITOR-GENERAL; COMPENSATION; APPOINTMENT OF ASSISTANT SOLICITORS.
No. 491 (House Bill No. 1003).
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 29, 2007 (Ga. L. 2007, p. 4087), so as to change the compensation of the solicitor-general; to change certain provisions regarding the appointment of assistant solicitors; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211 ), as amended, particularly by an Act approved May 29, 2007 (Ga. L. 2007, p. 4087), is amended by revising paragraph (I) of subsection (b) of Section 27 as follows:
'(I) On the effective date of this Act, the solicitor-general of Cobb County shall receive an annual salary of $140,905.00 to be paid in biweekly installments from the funds of Cobb County.'
SECTION 2. Said Act is further amended by revising subsection (d) of Section 27 as follows:
3724
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
'(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. Appointments of new assistant solicitor positions shall be effective upon the appropriation of funds by the governing authority as requested by the solicitor-general. The compensation of such assistant solicitors shall be determined by the solicitor-general. The compensation of the chief assistant solicitor shall not be less than $74,400.00 and shall not exceed $120,900.00, payable in biweekly installments from the funds of Cobb 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.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is give that there will be introduced at the regular 2008 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Cobb County, approved March 28, 1964, (Ga. L. 1964, p. 3211 ), as amended; and for other purposes.
This 22 day of January 2008.
Representative Steve Tumlin Chairman Cobb Delegation
GEORGIA LAWS 2008 SESSION
3725
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, du~y authorized to a~minister ths Rich Golick, who on oath deposes and says that he IS the Representative from
~strlct 34 and further dep?ses a~d says th~t the at.tached Notice. of ~ntention t? Introduce
t.oeal Legislation was published m the Manetta Daily Journal wh1ch IS the offic1al organ of Cobb County on January 25, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ RICH GO LICK Rich Golick Representative, District 34
Swom to and subscribed before me,
this 25th day of January 2008.
t1 LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)
Approved May 12, 2008.
COBB COUNTY -TAX COMMISSIONER; COMPENSATION OF CERTAIN EMPLOYEES.
No. 492 (House Bill No. 1047).
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 29, 2007 (Ga. L. 2007, p. 4138), 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:
3726
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 29, 2007 (Ga. L. 2007, p. 4138), 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 ofthe 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 $97,460.40. 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 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 $53,619.07 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 $53,556.28 per annum, to be paid in equal monthly installments from the funds of Cobb County."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
GEORGIA LAWS 2008 SESSION
3727
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2008 session of the General Assembly of Georgia a bill to amend an Act consolidating the offices oftax 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 22 day of January 2008.
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 January 25, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ DON PARSONS Don Parsons Representative, District 42
Sworn to and subscribed before me, this 29th day of January 2008.
sf DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 12, 2008.
3728
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
COBB COUNTY- SHERIFF'S DEPARTMENT; COMPENSATION OF CHIEF DEPUTY, CHIEF INVESTIGATOR, AND EXECUTIVE ASSISTANT.
No. 493 (House Bill No. 1048).
AN ACT
To amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge ofthe 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 29, 2007 (Ga. L. 2007, p. 4151 ), so as to change the compensation of the chief deputy, the chief investigator, and the executive assistant to the sheriff; 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 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 29, 2007 (Ga. L. 2007, p. 4151), 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 $119,763.85 per annum, to be paid in equal monthly installments from the funds of Cobb County. The chief deputy sheriff shall possess the same qualifications for office as required for the sheriff. The chief deputy shall serve at the pleasure of the sheriff. Each candidate for the office of sheriff of Cobb County shall, at the time he or she qualifies to run for the office of sheriff, designate and certify to the judge of the probate court the name of the person who shall be his or her chief deputy sheriff. In the event the office of sheriff becomes vacant by death, resignation, or otherwise, the vacancy shall be filled until the next general election by said chief deputy, who shall in such event enter upon the performance of said duties upon taking the oath of office prescribed by law for the 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
GEORGIA LAWS 2008 SESSION
3729
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 ofthe sheriff. The individual appointed by the sheriff of Cobb County shall possess, as a minimum, a high school education or its equivalent and shall either be
agraduate of the Federal Bureau oflnvestigation's National Academy for Peace Officers
or possess ten years of actual experience as a peace officer or be a graduate of a law school accredited by the Georgia Bar Association or be a graduate of the Southern Police Institute School of Police Management and Administration or have a master's degree from an accredited college or university. The salary of the chief investigator shall be $108,668.72 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 ofthe 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 $65,318.44 per annum, to be paid in equal monthly installments from the funds of Cobb 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 2008 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 22 day of January 2008.
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
3730
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County on January 25, 2008, 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 29th day of January 2008.
sf DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 12, 2008.
COBB JUDICIAL CIRCUIT- JUDGES; COMPENSATION.
No. 494 (House Bill No. 1053).
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 I. An Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 195l,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$58,711.00, payable in equal monthly installments from the funds of Cobb County.
GEORGIA LAWS 2008 SESSION
3731
(b) In addition to the supplement provided for in subsection (a) of this section, the chief judge of the Superior Cou~ of the Cobb Judicial Circuit shall receive $:,800.00 annually, payable in equal monthly mstallments from the funds of Cobb County.
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2008 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 22 day of January 2008.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rich Golick, who on oath deposes and says that he is the Representative from District 34 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County on January 25,2008, 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 30th day of January 2008.
sf DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 20 II (SEAL)
Approved May 12, 2008.
3732
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
COBB COUNTY- PROBATE COURT; COMPENSATION OF JUDGE AND CLERK.
No. 495 (House Bill No. 1089).
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 29,2007 (Ga. L. 2007, p. 4154), 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, particularly by an Act approved May 29, 2007 (Ga. L. 2007, p. 4154), 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 $117,096.61, 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 $80,975.49 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.
GEORGIA LAWS 2008 SESSION
3733
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2008 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 22 day of January 2008.
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 January 25, 2008, 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 28th day of January 2008.
sJ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 12, 2008.
3734
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF PORT WENTWORTH- RECONSTITUTE GOVERNING AUTHORITY.
No. 506 (House Bill No. 1490).
AN ACT
To amend an Act incorporating the City of Port Wentworth, approved February 6, 1957 (Ga. L. 1957, p. 2003), as amended, so as to reconstitute the governing authority of the city; to provide for council districts; to provide for definitions and inclusions; to provide for continuation in office of the mayor and current members; to change the provisions relating to the regular expiration ofterms ofoffice ofcertain council members; 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 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 incorporating the City of Port Wentworth, approved February 6, 1957 (Ga. L. 1957, p. 2003), as amended, is amended by revising Sections 4 and 4A as follows:
"SECTION 4. The mayor and city council ofthe City ofPort Wentworth which existed immediately prior to the effective date of this Act, is continued in existence but on and after January I, 20 I0, shall be constituted as provided in this Act. The mayor and city council of the City of Port Wentworth so continued and constituted shall continue to have the same powers, duties, rights, obligations, and liabilities as existed immediately prior to January I, 2010.
SECTION 4A. (a)(!) The mayor of the City of Port Wentworth whose term regularly expires on December 31, 2009, and any person selected to fill a vacancy in any such office shall continue to serve as such until the regular expiration of that term of office and upon the election and qualification of the mayor's successor. (2) Those members of the city council whose terms regularly expire on December 31, 2009, 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. (3) On and after January 1, 20 I0, the city council of the City of Port Wentworth shall consist of six members. Four members shall be elected from council districts described in subsection (b) of this section. Two members shall be elected at large as provided in
GEORGIA LAWS 2008 SESSION
3735
subsection (f) of this section. The mayor shall be elected at large as provided in subsection (g) of this section. (b) For purposes of electing members ofthe city council, other than the mayor and the two at-large councilmembers, the City of Port Wentworth is divided into four council districts. One member of the council shall be elected from each such district. The four council districts shall be and correspond to those four numbered districts described in and attached to and made a part of this Act and further identified as Plan Name: pwcc4dp2re Plan Type: Local User: staff Administrator: Port Wentworth. (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 ofthe Bureau of the Census for the United States decennial census of2000 for the State of Georgia. Any part of the City of Port Wentworth 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 City of Port Wentworth which is described in that attachment as being in a particular district shall nevertheless not be included within such district ifsuch part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. (d) No person shall be mayor or a member of the city council if that person is ineligible for such office pursuant to Code Section 43-2-1 of the Official Code of Georgia Annotated or any other general law applicable to that office. (e) In order to be elected or appointed as a member of the city council from a district, a person must have resided in that council district for at least six months prior to the election or appointment thereto and, if elected, must receive a plurality of votes cast for that office in that district only and not at large. Only electors who are residents of the council district may vote for a member of the council for the district. At the time of qualifying for election as a member of the city council for a council district, each candidate for such office shall specify the council district for which that person is a candidate. A person elected or appointed as member of the city council from a council district must continue to reside in that district during that person's term of office or that office shall become vacant. (t) In order to be elected or appointed as an at-large member of the city council, a person must have resided in the city for at least six months prior to election or appointment thereto and, if elected, must receive a plurality of votes cast for the office at large. Only electors who are residents of the city may vote for an at-large member of the council. A person elected or appointed as an at-large member of the city council must continue to reside in the city during that person's term of office or that office shall become vacant.
3736
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(g) In order to be elected or appointed as mayor, a person must have resided in the City of Port Wentworth for at least six months prior to election or appointment thereto and, if elected, must receive a plurality of votes for that office in the entire city. The mayor must continue to reside within the city during that person's term of office or that office shall become vacant.
(h)(1) The mayor and members of the reconstituted city council of the City of Port Wentworth shall be elected as provided in this subsection. (2) The first members from Council Districts 1, 2, 3, and 4 shall be elected at the general election on the Tuesday following the first Monday inNovember, 2009. Those members of the city council elected thereto from Council Districts 2 and 4 in 2009 shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31,2011, and upon the election and qualification of their respective successors. Those members of the city council elected thereto from Council Districts 1 and 3 in 2009 shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 2013, and upon the election and qualification of their respective successors. (3) The first at-large members shall be elected at the general election on the Tuesday following the first Monday in November, 2009. The at-large members so elected shall take office the first day of January immediately following that election. The at-large member elected with the largest amount of votes shall serve for an initial term of office which expires December 31,2013. The at-large member elected with the second largest amount of votes shall serve for an initial term of office which expires December 31, 2011. (4) The mayor shall be elected at the general election on the Tuesday following the first Monday in November, 2009. The mayor shall take office on the first day of January immediately following that election and shall serve for an initial term of office which expires on December 21,2013, and upon the election and qualification of the mayor's successor. (5) Those and all future successors to the mayor and the members of the city council whose terms of office are to expire shall be elected at the time of the municipal general election immediately preceding the expiration of such terms, shall take office the first day of January immediately following that election, and shall serve for terms of office offour years each. The mayor and members of the city council shall serve for the terms of office specified in this subsection and until their respective successors are elected and qualified. (i) All members of the council 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' in nonpartisan elections as provided in Code Section 21-2-139 of the Official Code of Georgia Annotated. Political parties shall not conduct primaries for city offices and all names of candidates shall be listed without party designations."
GEORGIA LAWS 2008 SESSION
3737
SECTION 2. 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; 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.
Plan Name: pwcc4dp2re Plan Type: Local User: staff Administrator: Port Wentworth
Redistricting Plan Components Report
District 00 1 Chatham County
Tract: 107 BG: 1 100110021003 10041005 10061007 1009101010111012 1013 1014 1015 1016 1017 1019 1020 1021 1022 1023 1024 1025 1029 103010311032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 10511052 1053 1054 1055 1056 1057 1058 1059 1062 1063 1064 1067 1068 1069 1073 1997 1998 BG: 3 3018 3019 3020 BG:4 4020 4021 4022
District 002 Chatham County
Tract: 107 BG: 1 1065116511661168117111721983 19841986198719921993 BG: 3 3001 3003 3004 3005 3006 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3021 3022 3034 3997 3998
District 003 Chatham County
Tract: 107 BG:4
3738
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
4000 400 I 4002 4003 4004 4005 4006 4007 4008 4009 40 I 0 40 II 4012 4013 4014 4015 4016 4017 4018 4019 4026 BG: 5 5009 5010 5011 5012 5013 5014 5015 5022
District 004 Chatham County
Tract: 107 BG: 3 30233024302530263027302830293030303! 30323033 BG: 5 5005 5006 5007 5008 5016 5017 5018
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2008 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, p. 2003), as amended; and for other purposes.
This 25 day of March, 2008
Representative Earl Carter !59th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Earl Carter, who on oath deposes and says that he is the Representative from District !59 and further deposes and says that the attached Notice oflntention to Introduce Local Legislation was published in the Savannah Morning News which is the official organ of Chatham County on March 26, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ EARL CARTER Earl Carter Representative, District !59
GEORGIA LAWS 2008 SESSION
sworn to and subscribed before me, this 26th day of March 2008.
s1 DEANA MOSHER
Deana Mosher NotarY Public, Henry County, Georgia My commission Expires Aug. 25, 2011 (SEAL)
Approved May 12, 2008.
3739
CITY OF GARDEN CITY- CITY COUNCIL; METHOD OF ELECTION; ADVISORY REFERENDUM.
No. 507 (House Bill No. 1025).
AN ACT
To provide for an advisory referendum election to be held in the City of Garden City for the purpose ofdetermining whether the members of the city council should be elected by district; 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 the City of Garden City shall call and conduct an election as provided in tbia section for the purpose of submitting an advisory question to the voters of the City of Garden City. The election superintendent shall conduct that election on the Tuesday next following the first Monday in November, 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 tho date thereof in the official organ ofthe City of Garden City. The ballot shall have written or printed thereon the words:
( ) YES Are you in favor of the election of members of the city council of the City .( ) NO of Garden City by district instead of the present at large method of
election?"
3740
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 of the members of the city council shall vote "No." The expense of such election shall be borne by the City of Garden City. 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 Garden City 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 Garden City 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 2008 session of the General Assembly of Georgia a bill to provide for an advisory referendum election to be held in the City of Garden City for the purpose of determining whether the members of the city council should be elected by district; 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 and for other purposes.
January 24, 2008
Representative Bob Bryant, !60th District
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 oflntention to Introduce
GEORGIA LAWS 2008 SESSION
3741
LoCal Legislation was published in the Savannah Morning News which is the official organ of Chatham County on January 25, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/BOB BRYANT Bob Bryant Representative, District 160
Swom to and subscribed before me, dais 28th day of January 2008.
II DEANA MOSHER l)eana Mosher NotarY Public, Henry County, Georgia My Commission Expires Aug. 25, 20 II (SBAL)
Approved May 12, 2008.
CITY OF FORT OGLETHORPE- HOMESTEAD EXEMPTION; CITY TAXES; REFERENDUM.
No. 508 (Senate Bill No. 561).
AN ACT
To provide for a homestead exemption from City ofFort Oglethorpe ad valorem taxes for IIUIIlicipal purposes in the amount of $10,000.00 of the assessed value of the homestead for residents of that city; to provide an exemption in the amount of $40,000.00 of the assessed value ofthe homestead for residents ofthat city who are at least 60 but less than 70 years of age; to provide an exemption in the amount of the full value of the assessed value of the homestead for residents of that city who are 70 years of age or older or who are totally disabled; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
3742
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 1. (a) As used in this Act, the term:
(I) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Fort Oglethorpe, 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, with the additional qualification that it shall include not more than five contiguous acres of homestead property. (b)(!) Each resident of the City of Fort Oglethorpe is granted an exemption on that person's homestead from City of Fort Oglethorpe ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of that homestead. For residents of the City of Fort Oglethorpe who are at least 60 years of age but less than 70 years of age on or before January I of the year in which application for the exemption under this subsection is made, such exemption shall be in the amount of$40,000.00 of the assessed value of that homestead. For residents of the City of Fort Oglethorpe who are totally disabled or who are 70 years of age or older on or before January I of the year in which application for the exemption under this subsection is made, such exemption shall be the full value of the assessed value of that homestead. (2) The value of that property in excess of such exempted amount shall remain subject to taxation. (c)( I) In order to qualify for the exemption provided for in subsection (b) of this section as being totally disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., as amended, certifying that in the opinion of such physician or physicians, such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Such certificate or certificates shall constitute part of and be submitted with the application provided for in paragraph (2) of this subsection. (2) A person shall not receive the homestead exemption granted by subsection (b) of this section unless such person or person's agent files an application with the governing authority of the City of Fort Oglethorpe, 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 Fort Oglethorpe, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such person for such exemption. The governing authority of the City of Fort Oglethorpe, 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 person granted the homestead exemption under subsection (b) of this section occupies the residence as a homestead. After a person has filed the proper application, as
GEORGIA LAWS 2008 SESSION
3743
"ded in subsection (c) of this section, it shall not be necessary to make application ptbreofCvtBt"ter for any year, and the exemption shaII contm. ue to be allowed to such person. It shall be the duty of any person granted t?e homestead exemption under subsection (b) ~fthis
tion to notify the govemmg authonty of the City of Fort Oglethorpe, or the designee
:reof, in the event that person for an~ reason be~omes _ineligible for such exemption.
(e) The exemption granted by subsectiOn (b) of this sectiOn shall not apply to or affect any tate ad valorem taxes, county ad valorem taxes for county purposes, or county or
~ependent school district ad valorem taxes for educational purposes. The homestead
~xyemotphteiornhogmraenstetedabdyexsuebmspetcitoionnap(bp)liocfabthleis
section shall be in addition to to City of Fort Oglethorpe ad
and not valorem
in lieu of taxes for
municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years
bcSfuning on or after January 1, 2009.
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Fort Oglethorpe 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 Fort Oglethorpe for approval or rejection. The municipal election superintendent shall conducttbate1ection in conjunction with the 2008 November general election and shall issue the call and conduct that election as provided by general law. The municipal election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Catoosa 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 Fort Oglethorpe ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for residents of that city; in the amount of$40,000.00 ofthe assessed value of the homestead for
residents of that city who are at least 60 years of age, but less than 70 years of age; and in the full amount of the assessed value of the homestead for residents ofthat city who are disabled or who are 70 years of age or older?"
AU 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 1, 2009. If the Act is not so approved or if the election is not conducted uprovided 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 Fort Oglethorpe. It shall be the municipal election superintendent's duty to certify the result thereof to the Secretary of State.
3744
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 2008 session of the General Assembly of Georgia a bill to provide for a homestead exemption from City of Fort Oglethorpe ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for residents of that city; to provide an exemption in the amount of $40,000.00 of the assessed value of the homestead for residents of that city who are at least 60 but less than 70 years of age; to provide an exemption in the amount of the full value ofthe assessed value of the homestead for residents ofthat city who are 70 years ofage or older who are totally disabled; to provide for definitions; to specify the terms and conditions ofthe exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
This 7th day of March, 2008
Senator Jeff Mullis 53rd District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jeff Mullis, who on oath deposes and says that he is the Senator from District 53 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Catoosa County News which is the official organ of Catoosa County on March 19,2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JEFF MULLIS Jeff Mullis Senator, District 53
GEORGIA LAWS 2008 SESSION
3745
sworn to and subscribed before me, this 20th day of March 2008.
s1 DEANA MOSHER
Deana Mosher NotarY Public, Henry County, Georgia
My Commission Expires Aug. 25, 2011
(SEAL)
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2008 session of the General Assembly of Georgia a bill to provide for a homestead exemption from City of Fort Oglethorpe ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for residents of that city; to provide an exemption in the amount of $40,000.00 of the assessed value of the homestead for residents of that city who are at least 60 but less than 70 years of age; to provide an exemption in the amount of the full value ofthe assessed value of the homestead for residents of that city who are 70 years of age or older who are totally disabled; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
This 7th day of March, 2008
Senator Jeff Mullis S3rd District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jeff Mullis, who on oath deposes and says that he is the Senator from District 53 and further deposes and says that the attached Notice oflntention to Introduce Local Legislation was published in the Walker County Messenger which is the official organ of Walker County on March 12,2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JEFF MULLIS Jeff Mullis Senator, District 53
3746
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 20th day of March 2008.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 12,2008.
CATOOSA COUNTY- HOMESTEAD EXEMPTION; COUNTY TAXES; SENIOR CITIZENS; INCREASE INCOME LEVEL; REFERENDUM.
No. 509 (House Bill No. 1354).
AN ACT
To amend an Act providing a homestead exemption from Catoosa County ad valorem taxes for county purposes for certain residents who are 62 years of age or older, approved Apri12, 1998 (Ga. L. 1998, p. 4054), so as to increase the maximum income level permitted for eligibility for such exemption; to provide for a referendum; 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 providing a homestead exemption from Catoosa County ad valorem taxes for certain residents who are 62 years of age or older, approved April 2, 1998 (Ga. L. 1998, p. 4054), is amended by revising Section 2 as follows:
8 SECTION 2. Each resident of Catoosa County who is a senior citizen is granted an exemption on that person's homestead from all Catoosa County ad valorem taxes for county purposes in the amount of the full value of that person's homestead if that person's income, together with the income of all members of the family residing within the homestead does not exceed $20,000.00 for the immediately preceding taxable year.u
GEORGIA LAWS 2008 SESSION
3747
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Catoosa County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Catoosa County for approval or rejection. 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 Catoosa County. The ballot shall have written or printed thereon the
words:
"( ) YES ( ) NO
Shall the Act be approved which increases from $14,000.00 to $20,000.00 the maximum family income allowable for persons qualifying for an exemption from Catoosa County ad valorem taxes for county purposes for persons age 62 and over on the full value of the 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, 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 Catoosa 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 2008 session of the General Assembly of Georgia a bill to amend an Act providing a Homestead Exemption from Catoosa County Ad Valorem Taxes for county purposes for certain residents who are 62 years of age or older, approved April 2, 1998 (Ga. L. 1998, p.4054); and for other purposes.
This 30th day of January, 2008.
3748
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Representative Ron Forster 3rd District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ron Forster, who on oath deposes and says that he is the Representative from District 3 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Catoosa County News which is the official organ of Catoosa County on February 6, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
sf RON FORSTER Ron Forster Representative, District 3
Sworn to and subscribed before me, this 27th day of February 2008.
sf DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 12, 2008.
CATOOSA COUNTY- HOMESTEAD EXEMPTION; COUNTY TAXES; DISABLED PERSONS; INCREASE INCOME LEVEL; REFERENDUM.
No. 510 (House Bill No. 1353).
AN ACT
To amend an Act providing an exemption from Catoosa County ad valorem taxes for county purposes for certain disabled persons, approved April19, 2000 (Ga. L. 2000, p. 3696), so as to increase the maximum income level permitted for eligibility for such exemption; to provide for a referendum; to provide for effective dates; to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 2008 SESSION BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
3749
SECTION 1. An Act providing an exemption from Catoosa County ad valorem taxes for county purposes for certain disabled persons, approved Apnll9, 2000 (Ga. L. 2000, p. 3696), IS amended by revising Section 2 as follows:
"SECTION 2. Bach resident of Catoosa County who is totally disabled and whose net income for the imJIIediately preceding taxable year does not exceed $20,000.00 is granted an exemption for up to $75,000.00 of the value of that person's homestead from all Catoosa County ad valorem taxes for county purposes."
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Catoosa County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Catoosa County for approval or rejection. 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 Catoosa County. The ballot shall have written or printed thereon the
words:
"( ) YES ( ) NO
Shall the Act be approved which increases from $14,000.00 to $20,000.00 the maximum family income allowable for persons qualifying for an exemption from Catoosa County ad valorem taxes for county purposes for disabled persons up to $75,000.00 of the value of the homestead?"
All persons desiring to vote for approval ofthe Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect on January 1, 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 Catoosa 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.
3750
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 2008 session of the General Assembly of Georgia a bill to amend an Act providing an Exemption from Catoosa County Ad Valorem Taxes for county purposes for certain disabled persons, approved April19, 2000 (Ga. L. 2000, p. 3696); and for other purposes.
This 30th day of January, 2008.
Representative Ron Forster 3rd District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ron Forster, who on oath deposes and says that he is the Representative from District 3 and further deposes and says that the attached Notice of Intention to Introduce , Local Legislation was published in the Catoosa County News which is the official organ of Catoosa County on February 6, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
sf RON FORSTER Ron Forster Representative, District 3
Sworn to and subscribed before me, this 27th day of February 2008.
sf DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 12, 2008.
GEORGIA LAWS 2008 SESSION
3751
CITY OF CARROLLTON- HOMESTEAD EXEMPTION; SCHOOL TAXES; SENIOR CITIZENS; FULL VALUE; REFERENDUM.
No. 511 (House Bill No. 1434).
AN ACT
To provide a homestead exemption from City of Carrollton independent school district ad valorem taxes for educational purposes for the full value of the homestead for residents of that school district who are 65 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) As used in this Act, the term:
(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 Carrollton independent school district, including, but not limited to, any ad valorem taxes to pay interest on and to retire independent school district bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of tbe 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 Carrollton independent school district who is a senior citizen is granted an exemption on that person's homestead from City of Carrollton independent school district ad valorem taxes for educational purposes for the full value of the homestead. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless such person or person's agent files an application with the governing authority oftbe City of Carrollton, 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 tbc City of Carrollton, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such person for such exemption. The governing authority of the City of Carrollton, 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 tbc O.C.G .A., as amended. The exemption shall be automatically renewed from year to year U long as the person granted the homestead exemption under subsection (b) of this section occupies the residence as a homestead. After a person has filed the proper application as
3752
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) ofthis section to notify the governing authority of the City of Carrollton, or the designee thereof, in the event that person for any reason becomes ineligible for such exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect any state ad valorem taxes, county ad valorem taxes for county purposes, municipal ad valorem taxes for municipal purposes, or county school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to City of Carrollton independent school district ad valorem taxes for educational purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2009.
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Carrollton shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Carrollton independent school district for approval or rejection. The municipal 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 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 Carroll 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 Carrollton independent school district ad valorem taxes for educational purposes for the full value of the homestead for residents of that school district who are 65 years of age or older?"
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 ofthe Act, Section I ofthis Act shall become of full force and effect on January I, 2009. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 ofthis Act shall not become effective, and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Carrollton. It shall be the
election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 3. Except 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 2008 SESSION
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
3753
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2008 session of the General Assembly of Georgia a bill to provide a homestead exemption from City of Carrollton iadependent school district ad valorem taxes for educational purposes for the full value of !be homestead for residents of that school district who are 65 years of age or older; to provide
for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and
automatic repeal; to repeal conflicting laws; and for other purposes.
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 oflntention to Introduce
Local Legislation was published in the Times Georgian which is the official organ of Carroll County on March 4, 2008, 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 11th day of March 2008.
a/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25,2011 (SEAL)
Approved May 12, 2008.
3754
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CARROLL COUNTY- HOMESTEAD EXEMPTION; SCHOOL TAXES; SENIOR CITIZENS; FULL VALUE; REFERENDUM.
No. 512 (House Bill No. 1115).
AN ACT
To provide a homestead exemption from Carroll County school district ad valorem taxes for educational purposes for the full value of the homestead for residents of that school district who are 65 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) As used in this Act, the term:
(!) "Ad valorem taxes for educational purposes" means all ad valorem taxes for educational purposes levied by, for, or on behalf of the Carroll County school district, including, but not limited to, any ad valorem taxes to pay interest on and to retire county school district bonded indebtedness. (2) "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 Carroll County school district who is a senior citizen is granted an exemption on that person's homestead from Carroll County school district ad valorem taxes for educational purposes for the full value of the homestead. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless such person or person's agent files an application with the tax commissioner of Carroll County, giving the person's age and such additional information relative to receiving such exemption as will enable the tax commissioner of Carroll County to make a determination regarding the initial and continuing eligibility of such person for such . exemption. The tax commissioner of Carroll County shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year as long as the person granted the homestead exemption under subsection (b) of this section occupies the residence as a homestead. After a person has filed the proper application as
GEORGIA LAWS 2008 SESSION
3755
~erorevaidfteedr
in subsection for any year,
(c) and
of this section, it shall not be necessary to the exemption shall continue to be allowed
make application 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 Carroll County in the event that person for any
reason becomes ineligible for that exemption.
(e) The exemption granted by subsection (b) of this section shall not apply to or affect any
state ad valorem taxes, county ad valorem taxes for county purposes, municipal ad valorem
lllteS for municipal purposes, or independent school district ad valorem taxes for educational
purposes. The homestead exemption granted by subsection (b) of this section shall be in
IAldition to and not in lieu of any other homestead exemption applicable to Carroll County
schoOl district ad valorem taxes for educational purposes.
(f) The exemption granted by subsection (b) of this section shall apply to all taxable years
beginning on or after January I, 2009.
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election mperintendent ofCarroll County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Carroll County school district for approval or rejection. The election superintendent shall conduct 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 olection to be published once a week for two weeks immediately preceding the date thereof ia the official organ of Carroll County. The ballot shall have written or printed thereon the
words:
"( ) YES Shall the Act be approved which provides a homestead exemption from Carroll County school district ad valorem taxes for educational purposes for
( ) NO the full value of the homestead for residents of that school district who are 65 years of age or older?"
AU 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 auchquestion are for approval ofthe Act, Section I of this Act shall become of full force and oft'ect on January I, 2009. If the Act is not so approved or if the election is not conducted U 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 Carroll County. It shall be the election auperintendent's duty to certify the result thereof to the Secretary of State.
SECTION 3.
hcept as otherwise provided in Section 2 of this Act, this Act shall become effective upon
ita approval by the Governor or upon its becoming law without such approval.
3756
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 2008 session of the General Assembly of Georgia a bill to provide a homestead exemption from Carroll County school district ad valorem taxes for educational purposes for the full value of the homestead for residents of that school district who are 65 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
This 30 day of January, 2008.
Representative Timothy J. Bearden 68th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Timothy J. 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 31,2008, and that the notice requirements of Code Section 28-1-14 hav!l, been met.
s/ TIMOTHY J. BEARDEN Timothy J. Bearden Representative, District 68
Sworn to and subscribed before me, this 5th day of February 2008.
sl LAURA HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)
Approved May 12, 2008.
j
GEORGIA LAWS 2008 SESSION
3757
BRANTLEY COUNTY- BOARD OF EDUCATION; COMPENSATION.
No. 513 (House Bill No. 1417).
AN ACT
To amend an Act providing for the election of members of the Board of Education of Brantley County, approved April 17, 1975 (Ga. L. 1975, p. 3937), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4645), so as to change the provisions relating to the compensation 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:
SECTION 1. An Act providing for the election of members ofthe Board of Education of Brantley County, approvedApril17, 1975 (Ga. L. 1975, p. 3937), as amended, particularly by an Act approved Aprill6, 1999 (Ga. L. 1999, p. 4645), is amended by striking subsection (b) of Section 4 and inserting a new subsection (b) to read as follows:
'(b) The chairman and other members of the board shall each be compensated in the amount of$425.00 per month, and, in addition thereto, each member shall receive $75.00 for attending a meeting of the board in addition to the regular monthly meeting, but said amount shall be payable for not more than two such additional meetings during any month. Each member shall also receive for each day spent out of the county on official business of the school board a daily expense allowance and mileage allowance equal in amount to the daily expense allowance and mileage allowance received by members of the General Assembly for service as members of interim committees of the General Assembly.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 INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2008 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 Brantley County, approved Aprill7, 1975 (Ga. L. 1975, p. 3937), as
3758
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
amended, particularly by an Act approved Aprill6, 1999 (Ga.L. 1999, p. 4645); and for other purposes.
This 28th day of February, 2008
Is/ Mark Williams Representative Mark Williams !78th District
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 oflntention to Introduce Local Legislation was published in the Brantley Express which is the official organ of Brantley County on March 6, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ MARK WILLIAMS Mark Williams Representative, District 178
Sworn to and subscribed before me, this 10 day of March, 2008.
s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)
Approved May 12, 2008.
GEORGIA LAWS 2008 SESSION
3759
BRANTLEY COUNTY- BOARD OF COMMISSIONERS; COMPENSATION OF CHAIRPERSON.
No. 514 (House Bill No. 1309).
AN ACT
To amend an Act creating the board of commissioners of Brantley County, approved July 1, 1927 (Ga. L. 1927, p. 500), as amended, so as to change the salary ofthe chairperson; 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 Brantley County, approved July I, 1927 (Ga. L. 1927, p. 500), as amended, is amended by revising Section 4 to read as follows:
"SECTION 4. The chairperson of the board of commissioners shall be the chief executive officer of the board. He or she shall not vote on questions coming before the board except to break a tie. The chairperson's salary shall be $8,000.00 per annum, to be paid in equal monthly installments from the funds of Brantley County. In addition to the compensation otherwise provided in this Act, the chairperson ofthe board of commissioners shall receive a mileage expense at the rate set by the State of Georgia for its employees per mile traveled pursuant to his or her official duties."
SECTION 2. This Act shall become effective on January 1, 2009.
SECTION 3. All laws and parts of Jaws 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 2008 session of the General Assembly of Georgia a bill to amend an Act creating the office of Commissioners of Roads and Revenues of Brantley County, approved July I, 1927 (Ga. Laws 1927, p. 500), as amended, particularly to change the salary of the chairperson of the board; and for other purposes.
3760
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 5th day of February, 2008
Honorable Mark Williams, Representative, !78th District
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 Brantley Express which is the official organ of Brantley County on February 14, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ MARK WILLIAMS Mark Williams Representative, District 178
Sworn to and subscribed before me, this 19th day of February 2008.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 12, 2008.
CITY OF NASHVILLE-MAYOR AND COUNCIL; TERMS OF OFFICE; REFERENDUM.
No. 515 (House Bill No. 1485).
AN ACT
To amend an Act establishing a new charter for the City of Nashville, approved March 17, 1978 (Ga. L. 1978, p. 40 17), as amended, particularly by an Act approved March 22, 1990 (Ga. L. 1990, p. 4430), so as to provide new terms of office for the mayor and members of the city council; to provide for related matters; to provide for a referendum; to provide for
'-.
GEORGIA LAWS 2008 SESSION
3761
preclearance under 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. An Act establishing a new charter for the City of Nashville, approved March 17, 1978 (Ga. L. 1978, p. 40 17), as amended, particularly by an Act approved March 22, 1990 (Ga. L. 1990, p. 4430), is amended by revising Section 3-3 as follows:
'SECTION 3-3. Councilmembers.
(a) The city council is divided into six posts to be designated Post No. 1, Post No.2, Post No.3, Post No. 4, Post No. 5, and Post No. 6. Any person seeking election to the city council shall designate the city council post to which he or she seeks election and shall seek election only to the post so designated. The provisions of this section shall not be construed as requiring the division of the territory of the city into council districts or the establishment of council districts. (b) The councilmembers in office on the effective date of this Act shall serve out the terms to which they were elected. (c) Successors to the three councilmembers elected in November, 2008, whose terms will expire on December 31, 2010, shall be elected in the 2010 November general election for terms of office of five years beginning on January 1, 2011, and ending on December 31, 2015, and until their successors are elected and qualified. At the 2015 November general election, successors to such councilmembers shall be elected to serve a term of office of four years beginning on January 1, 2016, and ending on December 31, 2019, and until their successors are elected and qualified. Thereafter, successors to such councilmembers shall
be elected at the November general election immediately preceding the end of their
respective terms of office and shall take office on January 1 immediately following such election for a term of four years and until their successors are elected and qualified. (d) Successors to the three councilmembers elected in November, 2007, whose terms will expire on December 31, 2009, shall be elected in the 2009 November general election for
termS of office of four years beginning on January 1, 2010, and ending on December 31,
2013, and until their successors are elected and qualified. Thereafter, successors to such COuncilmembers shall be elected at theNovember general election immediately preceding
the end oftheir respective terms of office and shall take office on January 1 immediately
~Uowing such election for a term of four years and until their successors are elected and qualified.'
3762
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2. Said Act is further amended by revising Section 3-4 as follows:
"SECTION 3-4. Mayor.
The mayor in office on the effective date of this Act shall serve out the term to which he . or she was elected. A successor to the mayor shall be elected in the 2010 November general election for a term ofoffice of five years beginning on January I, 2011, and ending on December 31,2015, and until his or her successor is elected and qualified. At the 2015 November general election, a successor to such mayor shall be elected to serve a term of office of four years beginning on January 1, 2016, and ending on December 31, 2019, and until his or her successor is elected and qualified. Thereafter, successors to such mayor shall be elected at the November general election immediately preceding the end of the mayor's term of office and shall take office on January 1 immediately following such election for a term of four years and until a successor is elected and qualified."
SECTION 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City ofNashville 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 Nashville for approval or rejection. The election superintendent shall conduct that election in conjunction with the 2008 November 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 Berrien County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which provides for staggered, four-year terms of office for the mayor and city council of the City of Nashville as provided in
( ) NO such Act?"
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, 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 I and 2 ofthis Act shall not become effective, and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Nashville. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
GEORGIA LAWS 2008 SESSION
3763
SECTION 4. The governing authority ofthe City ofNashville shall through its legal counsel cause this Act to be submitted for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended, and such submission shall be made 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. 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 there will be introduced at the regular 2008 session of the General Assembly of Georgia a bill to amend an Act entitled "An Act to establish a new charter for the City of Nashville," dated March 17, 1978, (Ga. L. 1978, p. 4017), as amended; and for other purposes.
This 29th day of February, 2008.
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 Berrien Press which is the official organ of Berrien County on March 5, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ PENNY HOUSTON Penny Houston Representative, District 170
Sworn to and subscribed before me, this 27th day of March 2008.
a/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia
3764
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 12, 2008.
TOWN OF ALAPAHA-MAYOR AND COUNCIL; TERMS OF OFFICE.
No. 516 (House Bill No. 1453).
AN ACT
To amend an Act providing and establishing a new charter for the Town of Alapaha, approved August 1, 1921 (Ga. L. 1921, p. 606), as amended, particularly by an Act approved March 25, 1994 (Ga. L. 1994, p. 4167), so as to provide new terms of office for the mayor and council; 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 and establishing a new charter for the Town of Alapaha, approved August 1, 1921 (Ga. L. 1921, p. 606), as amended, particularly by an Act approved March 25, 1994 (Ga. L. 1994, p. 4167), is amended by revising Section 4 as follows:
"SECTION 4. (a) The governing authority of the town shall consist of a mayor and a town council composed of five councilmembers, whose election and terms shall be as stated in this section. The town council is divided into five posts to be designated Post I, Post 2, Post 3, Post 4, and Post 5. The mayor and members of the town council shall be elected by the electors of the town at large. Any person seeking election to the town council shall designate the post to which he or she seeks election. Nothing in this section shall be construed as requiring the division of the town into council districts or as establishing districts. (b) The mayor and the councilmembers in office on the effective date of this Act shall serve out the terms to which they were elected. (c) At the 2008 November general election, the mayor and the councilmembers representing council Posts 4 and 5 shall be elected to serve a term of office of three years beginning on January I, 2009, and ending on December 31,2011, and until their successors are elected and qualified. At the 2011 November general election, successors for such mayor and councilmembers shall be elected to serve a term of office of four years beginning on January 1, 2012, and ending on December 31, 2015, and until their successors
"'
GEORGIA LAWS 2008 SESSION
3765
are elected and qualified. Thereafter, successors to such mayor and councilmembers shall be elected at the November general election immediately preceding the end of their respective terms of office and shall take office on January I immediately following such election for a term of four years and until their successors are elected and qualified. (d) At the 2009 November general election, the councilmembers representing Council Posts I, 2, and 3 shall be elected to serve a term of office of four years beginning on January 1, 2010, and ending on December 31, 2013, and until their successors are elected and qualified. Thereafter, successors to such councilmembers shall be elected at the November general election immediately preceding the end of their respective terms of office and shall take office on January 1 immediately following such election for a term of four years and until their successors are elected and qualified. (e) Elections in the town shall be conducted in accordance with the provisions ofChapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code,' as it now exists or is hereafter amended, the implementation of which shall be prescribed by the governing authority pursuant to ordinance or resolution, as may be deemed appropriate.'
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 2008 session of the General Assembly of Georgia a bill to amend an Act entitled "An Act to establish a new charter for thcTownof Alapaha, Georgia," approved August I, 1921 (Ga. L. 1921, p. 605), as amended; and for other purposes.
This 29th day of February, 2008.
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 Berrien Press which is the official organ of Berrien County on March 5, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JAY SHAW Jay Shaw Representative, District 176
3766
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 18th day of March 2008.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 12, 2008.
ATKINSON COUNTY- BOARD OF ELECTIONS AND REGISTRATION; CREATE.
No. 517 (House Bill No. 1352).
AN ACT
To create a board of elections and registration for Atkinson 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 of powers and duties and to provide for the transfer of functions to the newly created board; to provide for expenditures of public funds; to provide for compensation of members of the board; to provide for offices and equipment; to provide for personnel and compensation; 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 cont1icting 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 Atkinson County, hereinafter referred to as "the board." The board shall have the powers and duties ofthe former superintendent of elections of Atkinson County under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," relating to the conduct of primaries and elections and the former board of registrars of Atkinson County under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," relating to the registration of electors and absentee voting.
GEORGIA LAWS 2008 SESSION
3767
SECTION 2. The terms "election," "elector," "political party," "primary," and "public office" shall have the same meaning as set forth in Chapter 2 ofTitle 21 of the O.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 Atkinson County and "county" means Atkinson County.
SECTION 3. (a) The board shall be composed of three members, each of whom shall be an elector and resident of the county and who shall be appointed as provided in this section. (b) The chairperson and each member of the Board of Commissioners of Atkinson County shall nominate one person for appointment to the board. The Board of Commissioners shall select from among such nominees three members to serve on the board. (c) All appointments to the board shall be promptly submitted to the clerk of the Superior Court of Atkinson County as provided in this Act. (d) In making the initial appointments to the board, the members shall be selected by not later than December I, 2008. Each of the initial appointees to the board shall serve a term offouryears beginning January I, 2009, and ending December 31,2012, and until their successors are appointed and qualified. Thereafter, successors shall be appointed during the month of December immediately preceding the end of the members terms of office in the manner provided in subsection (b) of this section, and such successors shall take office on the following January I and serve terms of office offour years and until their successors are appointed and qualified. (e) At its first meeting in each odd-numbered year, the board shall elect from its members a chairperson.
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 Atkinson County and must have been a registered voter in Atkinson County for a period of at least one year prior to the date of appointment to the board. (c) No member of the board shall be related by blood or marriage closer than first cousins to any elected official in Atkinson County nor shall any member of the board be employed by or work directly for any agency of state government or Atkinson County. (d) No member of the board shall have been convicted of any felony or crime involving moral turpitude or election fraud or have been found by any civil or administrative court or tribunal to have committed election fraud. Upon indictment of any felony or crime involving
3768
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
election fraud or moral turpitude, a member shall stand immediately terminated as a matter of law.
SECTION 5. The board of commissioners shall certify the appointment of each member of the board by filing an affidavit with the Clerk of the Superior Court of Atkinson County no later than 15 days preceding the date upon which such members are to take office, stating the name and residential address of the person appointed and certifying such member has been duly appointed as provided in this Act. The clerk of the superior court shall record each of such certifications on the minutes of the superior court and shall certify the name of each such appointed member to the Secretary of State and provide for the issuance of appropriate commissions to the members within the same time and in the same manner as provided by law for registrars.
SECTION 6. Each member of the board shall be eligible to serve successive terms, shall have the right to resign at any time by giving written notice of such resignation to the appointing commissioner and to the clerk of the superior court, and shall be subject to removal from the board at any time, for cause, after notice and hearing, by the board or by the chiefjudge of the Superior Court of Atkinson County.
SECTION 7. In the event a vacancy occurs in the office of any board member before the expiration of his or her term, by removal, death, resignation, or otherwise, and there is more than one year remaining in the member's term of office, the board of commissioners shall appoint a successor within ten business days after the occurrence ofthe vacancy to serve the remainder of the unexpired term as provided for in Section 3 of this Act. The clerk ofthe 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, 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
GEORGIA LAWS 2008 SESSION
3769
elections and such workers shall be appointed, insofar as practicable, from lists provided to the board by the county executive committee of each political party. (b) The board shall fix and establish, by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. The board shall hold regular meetings on the first Tuesday of each month and more often if needed in the opinion of the members. The time of such meetings shall be set by the board. Any specially called meeting shall be called by the chairperson or any three members of the board. The board shall maintain a written record of policy decisions amended to include additions or deletions. Such written records shall be made available for the public to review. (c) Members of the board shall receive not less than $100.00 per month as compensation for service on the board. The chairperson shall receive not less than $200.00 per month as compensation. On primary and election days and during the period of advance voting pursuant to subsection (b) of Code Section 21-2-380 of the O.C.G .A., the chairperson and members of the board shall be compensated at the rate of $10.00 per hour. The hours of service shall be certified to the commissioners by the chairperson of the board.
SECTION 10. The board shall have the authority to contract with any municipality located within Atkinson County for the holding by the board of any primary or election to be conducted within such municipality.
SECTION 11. (a) The board shall, with the approval of the commissioners, appoint an elections supervisor who shall generally supervise, direct, and control the administration of the affairs of the board pursuant to law and duly adopted resolutions of the board. The election supervisor shall not be a member of the board. The election supervisor shall be considered an employee ofAtkinson County and shall be entitled to the same benefits as other employees of Atkinson County. The election supervisor shall be subject to all personnel and policy procedures of Atkinson County. The election supervisor shall maintain regular office hours as directed by the governing authority of Atkinson County. (b) The supervisor of elections shall not be an active member of any political party or body. (c) Upon indictment of any felony or crime involving election fraud or moral turpitude, the election supervisor shall be terminated from the position as a matter of law. Such vacancy shall be filled by appointment of the board within ten business days following the occurrence ofsuch vacancy. (d) The board is authorized, with the approval of the commissioners, 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 Atkinson County and shall be entitled to the same benefits as other employees of Atkinson County. Any clerical assistants shall be subject to all personnel and policy procedures of Atkinson County. Upon indictment
3770
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of any felony or crime involving election fraud or moral turpitude, a clerical assistant shalt resign or be terminated from his or her position.
SECTION 12. Compensation for the members of the board, election superintendent, clerical assistants, and other employees shall be fixed by the board of commissioners in accordance with the provisions of this Act. Such compensation shall be paid wholly from county funds.
SECTION 13. (a) The Board of Commissioners of Atkinson County shall provide the board with such proper and suitable offices, equipment, materials, and supplies and with such clerical assistance and other employees as the Board of Commissioners of Atkinson County deems appropriate. (b) The commissioners shall also cause periodic audits to be made of the board and its offices.
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, 2009. Upon this Act becoming fully effective, the superintendent of elections of Atkinson County and the board of registrars of Atkinson 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.
STATE OF GEORGIA COUNTY OF ATKINSON
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2008 session of the General Assembly of Georgia a bill to create a board of elections and registration for Atkinson 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 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 expenditures of public funds; to provide for compensation of members of the board; to
GEORGIA LAWS 2008 SESSION
3771
rovide for offices and equipment; to provide for personnel and compensation; to provide : r the board's performance of certain functions and duties for certain municipalities; to p"rovide for related matters; to provide effective dates; to repeal conflicting laws; and for
other purposes.
This 15th day of February, 2008.
Representative Chuck Sims
I69th 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 oflntention to Introduce
Local Legislation was published in the Atkinson County Citizen which is the official organ of Atkinson County on February 21, 2008, and that the notice requirements of Code
Section 28-1-14 have been met.
sf CHUCK SIMS Chuck Sims Representative, District 169
Jwom to and subscribed before me, tllia 27th day of February 2008.
"LAURA E. HURD Laura E. Hurd
tfotary Public, Clayton County, Georgia
MyCommission Expires July 29, 2011
(SEAL)
~ri
approved May 12,2008.
3772
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BARTOW COUNTY- CORONER; COMPENSATION.
No. 518 (House Bill No. 1491).
AN ACT
To amend an Act placing the coroner of Bartow County upon an annual salary, approved March 17, 1960 (Ga. Laws 1960, p. 2731 ), as amended, particularly by an Act approved April6, 1981 (Ga. Laws 1981, p. 3952), so as to change 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 Bartow County upon an annual salary, approved March 17, 1960 (Ga. Laws 1960, p. 2731 ), as amended, particularly by an Act approved April 6, 1981 (Ga. Laws 1981, p. 3952), is hereby amended by revising Section I to read as follows:
'SECTION 1. (a)(l) The compensation of the coroner of Bartow County, which is now $3,600.00 per annum, is hereby abolished and the salary of the coroner of Bartow County shall be $15,000.00 per annum to be paid in equal monthly installments from county funds. (2) The coroner shall also receive an annual cost-of-living increase as follows: on the first day of January of each year, beginning in 2010, the base salary of the coroner shall be increased by 4 percent. For the purposes of this section only, the 'base salary' of the coroner shall be computed at $15,000.00 on January 1, 2009, and thereafter on each year beginning on January I, 2010, shall be computed at $15,000.00 plus any cost-of-living increases which have been received by the person serving as coroner. (3) In addition to the compensation provided in paragraphs (1) and (2), the governing authority of Bartow County, in its reasonable discretion, may reimburse to the coroner all or any part of his expenses incurred with respect to his official duties. (4) All fees, commissions, costs, and other perquisites collected by the coroner shall be the property of Bartow County and once each month shall be turned over to the fiscal authority of said county with a detailed, itemized statement showing the sources from which such fees, commissions, costs, and other perquisites were collected. (b) The coroner is authorized to appoint a deputy coroner to serve at the discretion of the coroner. The compensation and expenses ofthe deputy coroner, ifany, shall be determined within the reasonable discretion of the governing authority of Bartow County and shall be paid out of county funds. The deputy coroner shall meet the same qualifications required of the coroner.'
GEORGIA LAWS 2008 SESSION
3773
SECTION 2. This Act shall become effective on January 1, 2009, and until such date the coroner shall continue to be compensated as provided by prior law.
SECTION 3. 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 2008 session of the General Assembly of Georgia a bill to amend an Act placing the coroner of Bartow County upon an annual salary, approved March 17, 1960 (Ga. Laws 1960, p. 2731 ), as amended, particularly by an Act approved April 6, 1981 (Ga. Laws 1981, p. 3952), so as to change the compensation of the coroner; to provide an effective date; to repeal conflicting laws; and for other purposes.
This 27th day of March, 2008.
Representative Jeff Lewis lSth 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 Local Legislation was published in the Daily Tribune News which is the official organ of Bartow County on March 27, 2008, 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, tbia 28th day of March 2008.
II DEANA MOSHER Deana Mosher
otary Public, Henry County, Georgia
3774
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 12, 2008.
ATKINSON COUNTY -BOARD OF COMMISSIONERS; VACANCIES; COMPENSATION; DUTIES OF CHAIRPERSON; QUORUM AND VOTING; APPROVAL OF DISBURSEMENTS AND EXPENDITURES.
No. 519 (House Bill No. 1407).
AN ACT
To amend an Act creating the office of commissioner of roads and revenues in the County of Atkinson (now the board of commissioners of Atkinson County), approved July 23, 1931 (Ga. L. 1931, p. 380), as amended, particularly by an Act approved March 27, 1968 (Ga. L. 1968, p. 2882), an Act approved March 29, 1994 (Ga. L. 1994, p. 4418), and an Act approved May 30, 2003 (Ga. L. 2003, p. 3791), so as to provide for the filling of vacancies on the board; to provide for the compensation for members of the board; to provide for the duties of the chairperson; to provide for a quorum and the number of votes necessary to take action by the board; to provide for the approval of certain disbursements and expenditures 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 office of commissioner of roads and revenues in the County of Atkinson (now the board ofcommissioners of Atkinson County), approvedJuly23, 1931 (Ga. L. !931, p. 380), as amended, particularly by an Act approved March 27, 1968 (Ga. L. 1968, p. 2882), an Act approved March 29, 1994 (Ga. L. 1994, p. 4418), and an Act approved May 30, 2003 (Ga. L. 2003, p. 3791), is amended by revising Section 3 as follows:
'SECTION 3. (a)( I) In the event of a vacancy in the office of member of the board of commissioners, other than the chairperson, for any reason other than the expiration of the term of office, the vacancy shall be filled in accordance with this subsection. (2) If the vacancy occurs during the final 27 months of a term of office, the remaining members of the board shall appoint a person to fill such vacancy for the remainder of the unexpired term of office.
GEORGIA LAWS 2008 SESSION
3775
(3) If the vacancy occurs at any time prior to the final 27 months of a term of office, the remaining members of the board shall appoint a person to fill such vacancy until such vacancy is filled for the unexpired term of office at a special election as provided in subsection (c) of this section. (b)(l) At the first meeting following the effective date of this Act and at the first meeting of each calendar year thereafter, the members of the board of commissioners shall elect from among their number a vice chairperson. (2) In the event of a vacancy in the office of chairperson, for any reason other than the expiration of the term of office, the vacancy shall be filled in accordance with this
subsection. (3) If the vacancy occurs during the final 27 months of a term of office, the vice chairperson shall assume the duties ofthe chairperson for the remainder ofthe unexpired
term of office of such chairperson.
(4) If the vacancy occurs at any time prior to the final27 months of a term of office, the vice chairperson shall assume the duties of the chairperson until such vacancy is filled for the unexpired term of office at a special election as provided in subsection (c) of this section. Upon the election of a chairperson in such special election and such person beginning the duties of chairperson, the vice chairperson shall return to his or her position
as a member of the county commission.
(c) When a special election is required to fill a vacancy for the unexpired term of office
as provided by subsection (a) or (b) of this section, such special election shall be held on
the same date as the general election which is first held following the date of the vacancy and in conjunction with such general election. It shall be the duty of the county election superintendent to call and conduct such special election in accordance with the applicable provisions of Chapter 2 of Title 21 of the O.C.G .A., known as the 'Georgia Election Code.' (d) If the vacancy to be filled is for a member other than the chairperson, the person elected to fill such vacancy shall reside in the commissioner district in which the vacancy occurred. (e) In the event that a member of the board other than the chairperson moves such member's residence from the district from which he or she was elected, a vacancy shall exist in such district and shall be filled in accordance with this section."
SECTION 2. Said Act is further amended by revising Section 5 as follows:
"SECTION 5. (a) The chairperson of the board of commissioners, who shall devote full time to the duties of such office, shall receive a salary of $36,000.00 annually, such benefits as the county may provide for its employees, and a county vehicle with the cost of maintenance and fuel for such vehicle to be paid by the county. No supplement shall be paid to such chairperson.
3776
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) The other members of the board shall receive $400.00 per month and such benefits as the county may provide for its employees as full compensation for their duties. No supplement shall be paid to such members. Upon a member receiving his or her county commissioner certification pursuant to the training programs offered by the Association County Commissioners of Georgia, the member's compensation shall increase to $500.00 per month. (c) On and after January I, 2009, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amount of compensation provided in subsections (a) and (b) of this section shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amount of compensation provided in subsection (a) and (b) of this section shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amount of compensation in subsections (a) and (b) of this section shall become effective on the first day of January following the date that the cost-of-living increases or general performance based increases received by state employees become effective; provided, however, that if the cost-of-living increases received by state employees become effective on January 1, such periodic changes in the amount of compensation provided in subsections (a) and (b) of this section shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective."
SECTION 3. Said Act is further amended by revising Section 6 as follows:
"SECTION 6. (a) The chairperson shall preside over meetings of the board of commissioners and shall vote on questions before the board only in the event of a tie vote by other members of the board. (b) The chairperson shall be a full-time position and shall be responsible for the day-to-day operation of the county government. The chairperson shall be authorized to hire and terminate county employees subject to the right of a terminated employee to file a grievance or appellate rights under the county personnel policies. (c) No ordinance, resolution, or other action of the board shall pass unless approved by a majority of the members present and voting."
GEORGIA LAWS 2008 SESSION
SECTION 4. Said Act is further amended by revising Section 9 as follows:
3777
'SECTION 9. (a) The commissioners shall meet together once each month on a day to be fixed and determined by them, of which notice shall be given. Said meetings so held shall be denominated regular meetings for the transaction of all matters which, by law, come under the jurisdiction off the board, and shall be held at such place as may be designated in the courthouse at Pearson, Georgia, or other county facility for such purpose. (b) A quorum for meetings of the board of commissioners shall be three members.'
SECTION 5. Said Act is further amended by revising Section 12 as follows:
'SECTION 12. (a) It shall be the duty of said board to cause the clerk to make up a list of receipts of the county and the sources thereof, and of the disbursements or expenditures, and to whom and for the purpose made, and cause the same to be published in the official organ of said county each month. (b) All disbursements or expenditures of $5,000.00 or more shall require prior approval ofthe board ofcommissioners. Disbursements or expenditures ofless than $5,000.00 shall not require prior approval of the board of commissioners unless such prior approval is required by law or such disbursements or expenditures involve bids.'
SECTION 6. AU laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2008 session of the General Assembly ofGeorgia a bill to amend an Act creating the office ofcommissioner of roads and revenues in the County of Atkinson (now the board of commissioners of Atkinson County), approved July 23, 1931 (Ga. L. 1931, p. 380), as amended, particularly by an Act approved March 27, 1968 (Ga. L. 1968 p. 2882), an Act approved March 29, 1994 (Ga. L. 1994, p. 4418), and an Act approved May 30, 2003 (Ga. L. 2003 p. 3791), so as to provide for the
filling of vacancies on the board; to prov.idttfor the compensation for members of the board; to provide for the duties of the chairperson; to provide for a quorum and the number of votes
DICCSSary to take action by the board; to provide for the approval of certain disbursements IDd expenditures to provide for related matters; to repeal conflicting laws; and for other jlorposes.
3778
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 20th day of February, 2008
Representative Chuck Sims, !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 oflntention to Introduce Local Legislation was published in the Atkinson County Citizen which is the official organ of Atkinson County on February 28, 2008, 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 4th day of March 2008.
sf DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 12, 2008.
BACON COUNTY- BOARD OF EDUCATION; METHOD OF ELECTING CHAIRPERSON; ADVISORY REFERENDUM.
No. 520 (House Bill No. 1441).
AN ACT
To provide for an advisory referendum election to be held in Bacon County for the purpose of ascertaining whether the voters of Bacon County desire to continue to elect the chairperson of the board of Education of Bacon County by a majority vote of the people of Bacon County or desire to change the manner in which the chairperson of the board of education is elected by amending an Act providing for the election of the board of education
GEORGIA LAWS 2008 SESSION
3779
of Bacon County, approved February 20, 1976 (Ga. L. 1976, p. 2713), as amended,
~rocvueladrlMy abyy
an 16,
Act approved March 2007 (Ga. L. 2007, p.
28, 1985 3707), so
(Ga. as to
L. 1985, p. provide for
4823 ), and by an Act the appointment of the
tirman to the board by the members ofthe board; to provide for related matters; to provide
~effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. It is the purpose of this Act to provide for an advisory referendum within Bacon County to detei'Dline if the voters of Bacon County desire to continue the Act that allows the claairJ!erson of the board of education of Bacon County to be elected by a majority vote of
tbepeople.
SECTION 2. (a) Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election .uperintendent of Bacon County shall call and conduct an advisory referendum as provided iathis section for the purpose of submitting a question to the electors Bacon County to advise ifthe voters desire to continue the Act that allows the chairperson of the board of education of Bacon County to be elected by a majority vote of the people. The superintendent shall conduct the election on the date of the 2008 November general election and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the 41to and purpose of the election to be published once a week for two weeks immediately )IRCeding the date thereof in the official organ of Bacon County. The ballot shall have wriUen or printed thereon the words:
~( ) YES Shall the Act be continued that allows the chairperson of the board of -' () NO education of Bacon County to be elected by a majority vote of the people?"
All persons desiring to continue to have the chairperson elected by the people shall vote "Yea," and all persons desiring to have the chairperson appointed by the board shall vote"No." (b) The expense of such election shall be borne by Bacon County. It shall be the duty of the election superintendent of Bacon County to certify the results thereof to the Secretary of State and to each member ofthe General Assembly whose senatorial or representative district lies wholly or partially within Bacon County. (c) It is found, determined, and declared that the holding ofthe advisory referendum election ~ded for in this section is in all respects for the benefit of the people of Bacon County
IJi'i ia for a public purpose and is an essential governmental function for which public funds
iiaybe expended.
h
3780
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2008 session of the General Assembly of Georgia a bill to amend an Act providing for the election of the members ofthe 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), and by an Act approved May 16, 2007 (Ga. L. 2007, p. 3707), so as to provide for an advisory referendum regarding the board of education; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes
Representative Tommy Smith 168th 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 14, 2008, 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 lOth day of March 2008.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
GEORGIA LAWS 2008 SESSION
3781
Approved May 12, 2008.
BALDWIN COUNTY- HOMESTEAD EXEMPTION; SCHOOL TAXES; SENIOR CITIZENS; INCREASE INCOME LEVEL AND QUALIFIED PROPERTY AMOUNTS; REFERENDUM.
No. 521 (Senate Bill No. 495).
AN ACT
To amend an Act providing a homestead exemption from all Baldwin County School District
ad valorem taxes for educational purposes for certain residents of that school district who
have annual incomes not exceeding $16,000.00 and who are 65 years of age or older, approved March 18, 1985 (Ga. L. 1985, p. 3835), so as to increase the income limitation to $40,000.00; to increase qualified homestead property from five acres to ten acres; 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 I. An Act providing a homestead exemption from all Baldwin County School District ad valorem taxes for educational purposes for certain residents of that school district who have annual incomes not exceeding $16,000.00 and who are 65 years of age or older, approved March 18, 1985 (Ga. L. 1985, p. 3835), is amended by revising paragraph (3) of Section 1 ufollows:
'(3) 'Homestead' means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., with the additional qualification that it shall include not more than ten contiguous acres of homestead property.'
SECTION 2. Said Act is further amended by revising Section 2 as follows:
'SECTION 2. Each resident of the Baldwin County School District who is 65 years of age or older is panted an exemption on that person's homestead from all Baldwin County School District ad valorem taxes for educational purposes for the full value ofthat homestead if that persons income, together with the income of all members of the family residing within such homestead, does not exceed $40,000.00 for the immediately preceding taxable year.'
3782
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the Baldwin County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Baldwin County School District for approval or rejection. 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 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 Baldwin County. The ballot shall have written or printed thereon the words:
"( ) YES ( ) NO
Shall the Act be approved which changes the homestead exemption from all Baldwin County School District ad valorem taxes for educational purposes for that school district on homesteads of five acres or less for certain residents ofthat district who have annual incomes not exceeding $16,000.00 and who are 65 years of age or older so as to increase the income limitation to $40,000.00 and to increase qualified homestead property from five to ten acres?"
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 easton such question are for approval of the Act, Sections 1 and 2 of this Act shall become offull force and effect on January 1, 2009, and shall be applicable to all taxable years beginning on or after January 1, 2009. 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 Baldwin 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 2008 session of the General Assembly of Georgia a bill to amend an Act providing a homestead exemption from all Baldwin County School District ad valorem taxes for education purposes for certain residents
GEORGIA LAWS 2008 SESSION
3783
of that school district who have annual incomes not exceeding $16,000.00 and who are
65 years of age or older, approved March 18, 1985 (Ga. L. 1985, p. 2835); and for other purposes.
This 7th day of February, 2008.
Senator Johnny Grant
25th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer
oaths, Johnny Grant, who on oath deposes and says that he is the Senator from District 25 aoc1 further deposes and says that the attached Notice of Intention to Introduce Local
J.eaislation was published in The Union Recorder which is the official organ of Baldwin
County on February 15,2008, and that the notice requirements ofCode Section 28-1-14 have been met.
sf JOHNNY GRANT Johnny Grant Senator, District 25
Strom to and subscribed before me,
tllilllst day of February, 2008.
tiLAURA E. HURD Llllra E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011
(SIAL)
Allned May 12,2008.
3784
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BANKS COUNTY -BANKS COUNTY FAMILY CONNECTION COMMISSION; REPEAL.
No. 522 (House Bill No. 1486).
AN ACT
To repeal an Act creating the Banks County Family Connection Commission, approved Aprill3, 2001 (Ga. L. 2001, p. 4134), 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 Banks County Family Connection Commission, approved April13, 200 I (Ga. L. 2001, p. 4134), as amended, is repealed in its entirety.
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
1
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2008 session of the General Assembly of Georgia a bill to repeal an Act creating the Banks County Family Connection Commission, approved April 13, 2001 (Ga. L. 2001, p. 4134), as amended; to repeal conflicting laws; and for other purposes.
Representative Jeanette Jamieson - 28th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jeanette Jamieson, who on oath deposes and says that she is the Representative frorn 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 March 12,2008, and that the notice requirements of Code Section 28-I-14 have been met.
s/ JEANETTE JAMIESON Jeanette Jamieson Representative, District 28
GEORGIA LAWS 2008 SESSION
sworn to and subscribed before me, this 27th day of March 2008.
sf DEANA MOSHER Deana Mosher NotarY Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 12, 2008.
3785
NEWTON COUNTY- HOMESTEAD EXEMPTION; COUNTY TAXES; SENIOR CITIZENS; REFERENDUM.
No. 579 (Senate Bill No. 544).
AN ACT
To provide a homestead exemption from Newton County ad valorem taxes for maintenance and operation of facilities of the county 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 older and whose income does not exceed $25,000.00; to provide for definitions; to specify the terms and conditions ofthe exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) As used in this Act, the term:
(1) "Ad valorem taxes for maintenance and operation" means all ad valorem taxes for Newton County for the maintenance and operation of facilities for the county, including, but not limited to, any ad valorem taxes to pay interest on and to retire bonded indebtedness for the county or any authority operating on behalf of the county. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Income" means Georgia taxable net income determined pursuant to Chapter 7 of Title 48 of the O.C.G .A., as amended, for state income tax purposes. (4) "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 this Act is made.
3786
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) Each resident of Newton County who is a senior citizen is granted an exemption on that persons homestead from Newton County ad valorem taxes for maintenance and operations in the amount of $30,000.00 of the assessed value of that homestead. The exemption under this subsection shall only be granted if that person's income does not exceed $25,000.00 for the immediately preceding year. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless such person or person's agent files an application with the tax commissioner of Newton County giving such person's age, income, and such additional information relative to receiving such exemption as will enable the tax commissioner ofNewton County to make a determination regarding the initial and continuing eligibility of such person for such exemption. The tax commissioner of Newton County shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G .A., as amended. The exemption shall be automatically renewed from year to year as long as the person granted the homestead exemption under subsection (b) of this section 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 Newton County in the event that person for any reason becomes ineligible for such exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect any state ad valorem taxes, county ad valorem taxes for purposes other than maintenance and operations of facilities for the county, county or independent school district ad valorem taxes for educational purposes, or municipal ad valorem taxes for municipal purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to Newton County ad valorem taxes. (t) The exemption granted by subsection (b) of this section 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 of Newton County for approval or rejection. 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 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:
GEORGIA LAWS 2008 SESSION
3787
"( ) YES ()NO
Shall the Act be approved which provides a homestead exemption from Newton County ad valorem taxes for maintenance and operation offacilities of the county 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 older and whose income does not exceed $25,000.00?"
All persons desiring to vote for approval ofthe Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section I ofthis Act shall become of full force and effect on January I, 2009. If the Act is not so approved or if the election is not conducted as provided in this section, Section I ofthis Act shall not become effective, and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Newton County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2008 session of the General Assembly of Georgia a bill to provide a homestead exemption from Newton County ad valorem taxes for maintenance and operation of facilities of the county in the amount of $30,000.00 of the assessed value of the homestead for residents of that county who are 6S years of age or older and whose income does not exceed $25,000.00; to provide for defmitions; 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 27th day of February, 2008
Senator John Douglas 17th District
3788
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 Covington News which is the official organ of Newton County on February 29, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/DOUGLAS John Douglas Senator, District 17
Sworn to and subscribed before me, this 3rd day of March, 2008.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 13, 2008.
BRYAN COUNTY- BRYAN COUNTY WATER AND SEWER AUTHORITY; CREATE.
No. 586 (House Bill No. 1329).
AN ACT
To create the Bryan County Water and Sewer Authority; to provide a short title; to providfor definitions; to provide for the appointment of members of the board; to provide for organization and rules; to provide for powers and duties; to provide for financing ofprojects; to provide for revenue bonds; to provide for trust indentures and sinking funds; to provide for jurisdiction, venue, and remedies; to provide for validation; to provide for certain trust funds; to provide for audits; to provide for immunity; to provide for rules and regulations; to provide for construction; to provide for supplemental powers; to provide for other related matters; to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 2008 SESSION
3789
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Short title.
This Act shall be known and may be cited as the "Bryan County Water and Sewer Authority
Act."
SECTION 2. Creation of the authority; membership. (a) There is created a body corporate and politic, to be known as the Bryan County Water and Sewer Authority, which shall be deemed to be a political subdivision of the State of oeorgia 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 any trust indenture shall in no event be liable for any torts committed by its officers, agents, or
employees. (b) The authority shall consist of six members. The board of commissioners of Bryan County shall appoint the members of the authority, each of whom shall reside in Bryan County. Two of the six members shall be incumbent members of the Board of Commissioners. The board of commissioners of Bryan County shall appoint two of the initial members for initial terms of three years, appoint two of the initial members for initial terms of two years, and appoint two of the initial members for initial terms of one year. Subsequent appointments shall be made for terms of office of three years. Vacancies shall be filled for an unexpired term by the board of commissioners of Bryan County. (c) The authority shall elect from its members a chairperson, a vice chairperson, a secretary,
and a treasurer or a secretary-treasurer. All officers shall be voting members. The members ofthe authority shall serve without compensation; however, they shall be reimbursed for all
actual expenses incurred in the performance of their duties. The authority shall make rules
and regulations for its own government. It shall have perpetual existence. (d) Any authority member who is convicted of a felony shall be removed from the authority
upon the date of conviction, regardless of the status of any appeal. (e) A majority of the members 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. 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. The authority shall be subject to all the provisions ofChapters 14 and 18 ofTitle 50 of the O.C.G.A., the open meetings and open records laws of the State of Georgia.
3790
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 3. Definitions. (a) "Authority" means the Bryan County Water and Sewer Authority created by Section 2 of this Act. (b) "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 ofconstruction; cost ofengineering, architectural, fiscal, and legal expenses and of plans and specifications and ofany 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 by this Act; the cost of the construction of any project, the placing ofthe same in operation, and the condemnation of property necessary for each construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project. (c) "Project" means the acquisition, construction, and equipping of water facilities for obtaining one or more sources of water supply, small watershed projects, works of improvements for watersheds, projects for watershed protection and flood control and prevention, recreational facilities developed in connection therewith, the treatment of 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 of Bryan County. The term "project" shall also include additions to, improvements to, extensions of, and the operation and maintenance of the same so as to assure an adequate water system, watershed protection and improvement, and flood control and prevention; the acquisition, construction, and equipping of sewerage facilities useful and necessary for the gathering of waste matter, and the treatment of sewage of any and every type, including, but not limited to, the acquisition and construction of treatment plants, ponds, and lagoons inside and outside the territorial boundaries of Bryan County; and additions and improvements to and extensions of such facilities and the operation and maintenance of the same so as to assure an adequate sewerage system. Said water facilities, small watershed projects, projects for watershed protection and flood control and prevention, recreational facilities developed in connection therewith, and sewerage facilities, at the discretion of the authority, may be combined at any time as one revenue-producing undertaking and operated and maintained as such. (d) "Revenue bonds," "bonds," or "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." Such bonds and obligations may be issued by the authority as authorized under the "Revenue Bond Law" and any amendments thereto. Such terms shall also mean obligations of the authority the issuance of which are specifically provided for in this Act.
GEORGIA LAWS 2008 SESSION
3791
(e) "Self-liquidating" means that the revenues and earnings to be derived by the authority therefrom and all properties used, leased, and sold in connection therewith will be sufficient to pay the cost ofoperating, 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 4. Powers.
The authority shall have the following powers: (a) To have a seal and alter the same at its pleasure; (b) To acquire by purchase, lease, gift, or otherwise, and to hold, operate, lease, maintain, and dispose of real and personal property of every kind and character for its corporate
purposes; (c) 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 of 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 dispose ofthe 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 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 Bryan County or in any municipality incorporated in said county, the governing authority or body ofsaid county or of any of said municipalities, if such governing authority consents thereto, is authorized to convey title to such lands to the authority upon payment for the credit of the general funds of said county or municipalities the reasonable value of such lands; (d) To enter into an agreement with the governing authority of Bryan County and any municipalities therein, with respect to acquiring a source of water supply; providing sewerage service; preparing engineering data, plans, and specifications for a water and sewerage system; extending water mains; apportioning the costs of constructing, extending, and maintaining a water or sewerage system, or both; providing for the testing and inspection of facilities constructed; providing for rates to be charged for water and sewerage services and keeping of permanent records; apportioning or designating the responsibility for any functions normally maintained by a water and sewerage system; providing for the ownership of the various facilities constructed or acquired; and providing for such other matters or contingencies as might be necessary or desirable in order to secure for Bryan County a satisfactory and reliable water and sewerage system at the most reasonable cost possible; (e) To appoint, select, and employ such officers, agents, and employees as necessary in the judgment ofthe authority to accomplish the purposes of the authority. Such officers, agents, and employees may include engineering, architectural, and construction experts, fiscal
3792
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
agents, and attorneys, and the authority has the power to fix their respective compensation. The authority may require bond of any person handling funds of the authority; (f) To make and execute contracts, leases, and instruments, which 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 which it causes to be constructed or acquired. Any and all persons, firms, and corporations and any and all consolidated governments, 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. Without limiting the generality of the foregoing provisions of this subsection, authorization is specifically granted to consolidated governments, municipal corporations, and counties and to the authority to enter into contracts, lease agreements, or other undertakings relative to the furnishing of water or sewerage service and facilities, or both, by the authority to such consolidated governments, municipal corporations, and counties for a term not exceeding 50 years. As to any consolidated government, political subdivision, department, institution, or agency of this state which shall enter into an agreement under the provisions of this subsection or in subsection (d) of this section, the obligation to perform and fulfill such agreement shall constitute a general obligation of such entity for which its full faith and credit shall be pledged; (g) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage its water and sewerage systems; with the cost of such systems to be paid in whole or in part from the proceeds of revenue bonds of the authority or from such proceeds and any grant from the United States of America or any agency or instrumentality thereofor from the State ofGeorgia or any agency or instrumentality thereof; (h) 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; (i) 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 States of Georgia or such agency or instrumentality or political subdivision may impose; (j) To borrow money for any of its corporate purposes and to execute notes or other evidences of such indebtedness and to secure the same; (k) To issue negotiable revenue bonds, payable solely from funds pledged for the purpose, and to provide for the payment of the same and for rights of the holders thereof; (I) The authority and any trustee acting under any trust indenture are specifically authorized to sell, lease, grant, exchange, or otherwise dispose of any such 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, except as such right and power might be limited as provided elsewhere in this Act;
GEORGIA LAWS 2008 SESSION
3793
(Ill) Except as otherwise provided in this Act, the authority may exercise any of its powers or provide any of its services inside the service delivery boundaries of any local government within Bryan County only when authorized by contract with the governing authority thereof; (n) To make and enforce rules and regulations for the management and operation of its publicly owned water and sewerage systems which now exist and as hereafter added to, extended, or improved by any project or projects constructed after the provisions of this Act; (o) To prescribe, fix, and collect rates, fees, tolls, or charges of the authority and to revise frolll time to time and collect such rates, fees, tolls or charges for the services, facilities, or COJilJilOdities furnished; and in anticipation of the collection of the revenues and income of such undertakings or projects, to issue revenue bonds as provided in this Act to finance in whole or in part the acquisition, construction, reconstruction, improvement, betterment, or extension of its water and sewerage systems, a small watershed project, a project for watershed protection or flood control and prevention, or recreational facilities developed in connection therewith; and to pledge to the punctual payment of the bonds and interest thereon all or any part of the revenues of such undertaking or project, including the revenues ofilllprovements, betterments, or extensions thereto; and to classify and differentiate such rates, fees, tolls, or charges in any reasonable manner, including, but not limited to, small, intermediate, and large consumers and industrial, commercial, and residential consumers and, with respect to sewer rates, according to the amount of suspended solids and the biological oxygen demand of sewerage users. Additionally, and not in limitation of any of the foregoing, the authority, in fixing water or sewerage rates, or both, shall be fully authorized and empowered to comply with any state or federal Acts and any lawful regulations adopted pursuant to any such Act. As a limitation of the power of the authority, however, if at any time there are issued and outstanding revenue bonds for the payment of which the revenues ofthe authority are pledged, the authority shall make no decrease in rates for water and sewer service which will in any way impair the obligations contained in the revenue bonds; (p) To adopt rules and regulations providing for the suspension of service to delinquent customers. The authority, through its executive director, or such other employees as the authority designates, shall have the right and power to issue executions for any past due charges, which executions shall be a lien upon and against the land and other properties of the assessed party which lien shall be of equal priority, rank, and dignity having the same attributes, rights, and powers as to collection and foreclosure thereof as an execution for unpaid ad valorem taxes of the State of Georgia or the County of Bryan; provided, however, that no such lien shall exist as to third parties until execution therefor shall have been issued by the Superior Court of Bryan County. In the event that sewerage service is discontinued pursuant to this section, the appropriate health authorities shall be immediately notified; (q) To acquire insurance for its property; its authority members, and its officers and employees, including but not limited to fire, wind, storm, extended coverage insurance, and vehicular liability insurance; all other types ofliability insurance; casualty insurance, fidelity insurance, comprehensive insurance, public officials' liability insurance, general public liability insurance covering all hazards, group life insurance, group accident insurance, group
3794
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
health insurance, group hospitalization insurance, group medical insurance, or any combination thereof; together with any and all other types of insurance on its property, officers, authority members, and employees as the authority in its judgment and discretion deems meet and proper in the conduct of its business; and on such terms and conditions and in such amounts as the authority deems appropriate in its judgment and discretion; and with the payment ofpremiums and charges therefor; together with any other costs incident thereto, to be paid in whole or in part by the authority and out of the general funds of the authority as the authority may determine; (r) To purchase, install, construct, repair, and replace fire hydrants on public property, together with all needful and necessary accessories and adjuncts thereto, in connection with existing or new water lines or mains of the authority and to defray and pay for any part or all of the cost and expense thereof, labor, material, and otherwise, utilizing any available funds of the authority therefor; (s) 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; and (t) To do all things necessary or convenient to carry out the powers expressly given in this Act.
SECTION 5. Financing Powers. 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 in this Act, shall have power and is authorized to borrow money for the purpose of paying all or any part of the cost of the project, as defined in this Act, of any one or more projects and to provide by resolution for the issuance of negotiable revenue bonds for that purpose. The principal and interest of such revenue bonds shall be payable solely from the special fund provided in this section for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not to exceed the maximum bond limit prescribed in Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," as now or hereafter amended, shall be payable semiannually, and 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.
SECTION 6. Revenue bonds; form; denominations; 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 thereof, which may be at any bank or trust
GEORGIA LAWS 2008 SESSION
3795
company inside or outside the state. The bonds may be issued in coupon or registered form, or both, as the authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both the principal and interest.
SECTION 7. Revenue bonds; signatures; seal. All such bonds shall bear the manual or facsimile signature of the chairperson of the authority and the attesting 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 the secretary of the authority. Any coupon may bear the facsimile signatures of such persons and any bond may be signed, sealed, and attested on behalf of the authority by such 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 person 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 such officer had remained in office until such delivery.
SECTION 8. Revenue bonds; negotiability; exemption from taxation. All revenue bonds issued under the provisions of this Act shall have and are declared to have all the qualities and incidents of negotiable instruments under the laws of this state. Such bonds are declared to be issued for an essential public and governmental purpose and said bonds and the income therefrom shall be exempt from all taxation within the state.
SECTION 9. Revenue bonds; sale; price. The authority may sell such bonds in such manner and for such price as it may determine to be for the best interests of the authority.
SECTION 10. Revenue bonds; proceeds of bonds. The proceeds of such bonds shall be used solely for the payment of the costs of the project or projects, and unless otherwise provided in the resolution authorizing the issuance of the bonds or in any trust indenture, additional bonds may in like manner be issued to provide the amount of any deficit which, unless otherwise provided for in the resolution authorizing the issuance of the bonds or in any trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid
3796
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
into the fund provided for in this Act to be used for paying the principal of and the interest on such bonds.
SECTION 11. Revenue bonds; interim receipts and certificates or temporary bonds. Prior to the preparation of definitive bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons, exchangeable for definite bonds upon the issuance of the latter.
SECTION 12. Revenue bonds; replacement of lost or mutilated bonds. The authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost.
SECTION 13. Revenue bonds; conditions precedent to issue; object of issue. 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 the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolutions may be passed at any regular, special, or adjourned meeting of the authority by a majority of the quorum as provided in this Act.
SECTION 14. Revenue bonds; credit not pledged; special power of contract. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of Bryan County or a pledge of the faith and credit of the county, but the 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 the county to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section; provided, however, that the governing authority of Bryan County is authorized to contract with the authority for any of the undertakings authorized in this Act. Such county may in connection therewith, jointly or severally, use any funds from any lawful source or from the proceeds of the issue and sale of bonds for such purpose.
GEORGIA LAWS 2008 SESSION
3797
SECTION 15. Revenue bonds; trust indenture as security. In the discretion of the authority, any issue of such revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company inside or outside this 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 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 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 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 ofthis 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 ofthe 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 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 16. Revenue bonds; to whom proceeds of bonds shall be paid. The authority shall, in the resolution providing for the issuance of revenue bonds or in any tiUst indenture, provide for the payment of the proceeds of the sale ofthe bonds to any officer or person or any agency, bank, or trust company acting 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.
SECTION 17. Revenue bonds; sinking fund. The revenues, fees, tolls, charges, and earnings derived from any particular project or projects, regardless of whether or not such fees, tolls, charges, 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 in the trust instrument may provide. Such funds so pledged from whatever
3798
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 upon the revenue bond as such interest shall fall due; (2) The principal of the revenue bonds as the same shall fall due; (3) Any premium upon the revenue 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 ofthe 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, and delivered.
SECTION 18. Revenue bonds; remedies of bondholders. Any holder of revenue bonds issued under the provisions ofthis Act or of any ofthe 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 authority or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, fines, and other charges for the use of the facilities and services furnished.
SECTION 19. Revenue bonds; refunding bonds. The authority is authorized to provide by resolution for the issuance ofbonds ofthe authority for the purpose of funding or refunding any revenue bonds issued under the provisions ofthis Act and then outstanding, together with the accrued interest thereon and the premium, ifany. The issuance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the authority in respect to the same shall be governed by the foregoing provisions of this Act insofar as the same may be applicable.
GEORGIA LAWS 2008 SESSION
3799
SECTION 20. Revenue bonds; jurisdiction and venue. 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 Bryan County, Georgia, and any action pertaining to validation of bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction
of such actions.
SECTION 21. Revenue bonds, 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." 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. 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 shall not be inquired into the court, and validity of the terms thereof shall be determined and the contract or contracts shall be adjudicated as a part of the basis for the security for the payment of any such bonds ofthe 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 the interest thereon and against the authority issuing the same, the state, and any municipality, county, authority, political subdivision, or instrumentality thereof, if a party to the validation proceedings, contracting with the authority.
SECTION 22. Revenue bonds; interest of bondholders protected. (a) While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of said authority or its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds. No other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interest and rights of the holders of such bonds, nor will the state itself so compete with the authority. (b) 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.
3800
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 23. 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 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 Bryan 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, agent, and employees of Bryan County when in performance of their public duties or work of the county.
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 acquired or constructed under the provisions of this Act, including the basis on which water service and facilities, sewerage service and facilities, or both, shall be furnished.
SECTION 26. 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 Bryan County, any municipality located therein, any other adjoining county, or any private individual or corporation the authority to own, operate, add to, extend, improve, or maintain any water system, small watershed project, project for watershed protection and flood control and prevention, recreational facilities developed in connection therewith, sewerage system, or its service area combined water and sewerage system; nor does it in any way take from any of said political subdivisions of the state the authority to issue revenue bonds as provided by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law."
SECTION 27. Liberal construction of Act. This Act being for the welfare of various political subdivisions of the State of Georgia and its inhabitants, shall be liberally construed to effect the purposes thereof.
GEORGIA LAWS 2008 SESSION
3801
SECTION 28. Repealer.
All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 2008 session ofthe General Assembly of Georgia a bill to create the Bryan County Water and Sewer Authority, to authorize the authority to acquire, contract, add to, extend, improve, equip, operate, and maintain certain projects, to confer powers and to impose duties on the authority; to authorize the issuance of revenue bonds or obligations of the authority; to provide that no debt of Bryan County or any municipality in Bryan County shall be incurred in the exercise of any ofthe powers granted by this Act; to make the bonds or obligations of the authority exempt from taxation; to provide for the authority to condemn property of every kind; to authorize the issuance of refunding bonds or obligations; and for other purposes.
This twelfth day of December, 2007
The Board of Commissioners, Bryan County, Georgia
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Lane, who on oath deposes and says that he is the Representative from District 158 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Bryan County News which is the official organ of Bryan County on December 12, 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 19th day of February 2008.
sJ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
3802
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Approved May 13, 2008.
DAWSON COUNTY- COMMUNITY IMPROVEMENT DISTRICTS; CREATE.
No. 587 (House Bill No. 1489).
AN ACT
To provide for the creation of one or more community improvement districts in Dawson County; to provide for a short title; to provide for the purposes of such districts; to provide for definitions; to provide for boards to administer said districts; to provide for the appointment and election of members of such boards; to provide for taxes, fees, and assessments; to provide for the boundaries of such districts; to provide for debt of such districts including bonded indebtedness; to provide for cooperation with local governments; to provide for powers of such boards; to provide for construction; to provide that no notice, proceeding, publication, or referendum shall be required; to provide for dissolutions; to provide the procedures connected with all of the foregoing; to provide for severability; 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 "Dawson County Community Improvement Districts Act of 2008."
SECTION 2. Purpose.
The purpose of this Act shall be to provide for the creation of one or more community improvement districts within unincorporated Dawson County, and such districts shall be created for the provision of such ofthe following governmental services and facilities as maY be provided for in the resolution activating each district created pursuant to this Act, or as may be adopted by a caucus of electors as defined in this Act:
(I) Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads; (2) Parks and recreational areas and facilities; (3) Storm water and sewage collection and disposal systems; (4) Development, storage, treatment, purification, and distribution of water;
GEORGIA LAWS 2008 SESSION
3803
(S) Public transportation; (6) Terminal and dock facilities and parking facilities; and ~ (7) such other services and facilities as may be provided for by general law.
SECTION 3. Definitions.
As used in this Act, the term: (1) "Agricultural" means the growing of crops for sale or the raising of animals for sale or use, including the growing of field crops and 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 each community improvement district authorized by this Act. (3) "Caucus of electors" means for each district the meeting of electors as provided in this Act at which the elected board members of the district are elected or at which the governmental services and facilities to be provided by the district are determined. A quorum at such caucus shall consist of those electors present, and a majority of those present and voting shall be necessary to take action. No proxy votes may be cast. Notice ofany such meeting shall be given to said electors and equity electors by publishing notice thereof in the legal organ of Dawson County at least once each week for four weeks prior to such meeting. (4) "Cost of the project" or "cost of any project" means and includes: (A) All costs of acquisition by purchase or otherwise, construction, assembly, installation, modification, renovation, or rehabilitation incurred in connection with any project or any part of any project; (B) All costs of real property, fixtures, or personal property used in or in connection with or necessary for any project or for any facilities related thereto, including, but not limited to, the cost of all land, estates for years, easements, rights, improvements, water rights, connections for utility services, fees, franchises, permits, approvals, licenses, and certificates; the cost of securing any such franchises, permits, approvals, licenses, or certificates; the cost ofpreparation of any application therefor; and the cost of all fixtures, machinery, equipment including all transportation equipment and rolling stock, furniture, and other property used in or in connection with or necessary for any project; (C) All financing charges and loan fees and all interest on bonds, notes, or other obligations of a district which accrue or are paid prior to and during the period of construction of a project and during such additional period as the board may reasonably determine to be necessary to place such project in operation; (D) All costs of engineering, surveying, architectural, and legal services and all expenses incurred by engineers, surveyors, architects, and attorneys in connection with any project; (E) All expenses for inspection of any project;
3804
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(F) All fees of fiscal agents, paying agents, and trustees for bondholders under any trust agreement, indenture of trust, or similar instrument or agreement; all expenses incurred by any such fiscal agents, paying agents, and trustees; and all other costs and expenses incurred relative to the issuances of any bonds, notes, or other obligations for any project; (G) All expenses of or incidental to determining the feasibility or practicability of any project; (H) All costs of plans and specifications for any project; (I) All costs of title insurance and examinations of title with respect to any project; (J) Repayment of any loans made for the advance payment of any part of the foregoing costs, including interest thereon and any other expenses of such loans; (K) Administrative expenses of the board and such other expenses as may be necessary for or incidental to any project or the financing thereof or the placing of any project in operation; and (L) The establishment of a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, or such other funds or reserves as the board may approve with respect to the financing and operation of any project and as may be authorized by any bond resolution, trust agreement, indenture of trust, or similar instrument or agreement pursuant to the provisions of which the issuance of any bonds, notes, or other obligations of the district may be authorized. Any cost, obligation, or expense incurred for any ofthe purposes outlined in this paragraph shall be a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of bonds, notes, or other obligations issued by the district. (5) "District" means the geographical area designated as such by the resolution of the governing body consenting to the creation of the community improvement district or as thereafter modified by any subsequent resolution of the governing body 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 to this Act as the context requires or permits. (6) "Electors" means the owners of real property used nonresidentially within the 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 Dawson 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. 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. (7) "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," with reference to taxes, fees, and
GEORGIA LAWS 2008 SESSION
3805
assessments levied by the board, means that the burden of the taxes, fees, and assessments shall be apportioned among the properties subject thereto based upon the values established in the most recent ad valorem tax reassessment of such properties certified by the chairperson of the Dawson County Board of Tax Assessors, or with respect to fees and assessments may be apportioned among the properties subject thereto in direct or approximate proportion to the receipt of services or benefits derived from the improvements or other activities for which the taxes, fees, or assessments are to be expended, or with respect to fees and assessments may be apportioned in any other manner or combination of manners deemed equitable by the board, including, but not limited to, the recognition of differential benefits which may reasonably be expected to accrue to new land development in contrast to lands and improvements already in existence at the time of creation of the community improvement district. (8) "Equity electors" means electors who cast votes equal to each $1,000.00 of value of all owned real property within the district which is then subject to taxes, fees, and assessments levied by the board. The value of real property shall be the assessed value. In the event the owner shall be a corporation, trust, partnership, multiple owners, or any other entity, one person shall be designated as elector and such designation shall be made in writing. (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. Such 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. (1 0) "Project" means the acquisition, construction, installation, modification, renovation, or rehabilitation of land, interests in land, buildings, structures, facilities, or other improvements, including operation of facilities or other improvements, located or to be located within or otherwise providing service to the district and the acquisition, installation, modification, renovation, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement; the creation, provision, enhancement, or supplementing of public services such as fire, police, and other services, provided that same do not conflict with or duplicate existing public services; and all for the essential public purposes set forth in Section 2 of this Act. (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 ofDawson County within the district. Ownership as shown by the most recent ad valorem real property tax records of Dawson County shall be prima-facie proof of ownership. Multiple owners of one parcel shall constitute one property owner and shall designate in writing one of their number to represent the whole.
3806
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(12) "Property used nonresidentially" means property or any portion thereof used for neighborhood shopping, planned shopping center, general commercial, transient lodging facilities, tourist services, office or institutional, office services, light industry, heavy industry, central business district, parking, or other commercial or business use or vacant land zoned or approved for any of the aforementioned uses which do not include residential. (13) "Residential" means a specific work or improvement undertaken primarily to provide single-family or multifamily dwelling accommodations for persons and families and such community facilities as may be incidental or appurtenant thereto. (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.
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 unincorporated area of Dawson County, Georgia, each of which shall be activated upon compliance with the conditions set forth in this section. Each district shall be governed by a board constituted by this Act. The conditions for such activation shall be:
(I) The adoption of a resolution consenting to the creation of each community improvement district by the governing authority of Dawson County; 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 district which will be subject to taxes, fees, and assessments levied by the board of the district; and (B) The owners of real property within the district which constitutes at least 75 percent by value of all real property within the district which will be subject to taxes, fees, and assessments levied by the board. For this purpose, value shall be determined by the most recent approved county ad valorem tax digest. The written consent provided for in this paragraph shall be submitted to the tax commissioner of Dawson County, who shall certify whether subparagraphs (A) and (B) of this paragraph have been satisfied with respect to each such proposed district. No district or board created under this Act shall transact any business or exercise any powers under this Act until the foregoing conditions are met. A copy of such resolutions shall be filed with the Secretary of State, who shall maintain a record of all districts activated under this Act, and with the Department of Community Affairs.
GEORGIA LAWS 2008 SESSION
SECTION 5. Administration, appointment, and election of board members.
3807
(a) Each district created pursuant to this Act shall be administered by a board composed of seven board members to be appointed and elected as provided in this section. Two board members shall be appointed by the governing authority of Dawson County. Two board members shall be elected by vote of the 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 1 and 2 shall be cast by electors and votes for posts 3, 4, and 5 shall be cast by equity electors. The initial term of office for the members representing posts 1 and 4 shall be one year. The initial term of office for the members representing posts 2 and 5 shall be two years, and the initial term of office of the members representing post 3 shall be three years. Thereafter, all terms of office for the elected board members shall be for three years. The appointed board members shall serve at the pleasure of the governing authority of Dawson
County. (b) The initial board members to be elected as provided in subsection (a) of this section shall be elected in a caucus of electors which shall be held within 90 days after the adoption of the resolutions and obtaining the written consents herein provided at such time and place within the district as the governing authority of Dawson County shall designate after notice thereof bas been given to said electors as provided in this Act. Thereafter, there shall be conducted biennially, not later than 60 days following the last day for filing ad valorem real property tax returns in Dawson 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.
(c) Board members shall be subject to recall as any other elected public official by the electors defined by this Act. (d) Board members shall receive no compensation for their services, but shall be reimbursed for actual expenses incurred in the performance of their duties. They shall elect one of their number as chairperson and another as vice chairperson. They shall also elect a secretary and a treasurer, or a secretary-treasurer, any of whom may, but need not, be a member of the board or an elector. (e) Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," shall not apply to the election of district board members. The district board may adopt such bylaws not inconsistent with this Act to provide for any matter concerning such elections.
3808
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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. 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 governmental services and facilities which are specially required by the degree of density ofdevelopment within the district and not for the purpose of providing those governmental services and facilities provided to the county as a whole. Any tax, fee, or assessment so levied shall be collected by Dawson County in the same manner as taxes, fees, and assessments are levied by Dawson County. Delinquent taxes shall bear the same interest and penalties as Dawson County ad valorem taxes and may be enforced and collected in the same manner. The proceeds of taxes, fees, and assessments so levied, less a fee to cover the costs of collection of I percent ofsuch proceeds, but not more than $25,000.00 in any one calendar year, shall be transmitted by Dawson County to the board and shall be expended by the board only for the purposes authorized by this Act. (b) The board shall levy the taxes, fees, and assessments in subsection (a) of this section subsequent to the report of the assessed taxable values for the current calendar year and notify Dawson County in writing so that the district levy may be included on Dawson County's regular ad valorem tax bills. (c) If, but for this provision, a parcel of real property is removed from a district or otherwise would become nontaxable, it shall continue to bear its tax millage then extant upon such event for bonded indebtedness ofthe district then outstanding until said bonded indebtedness then outstanding is paid or refunded. (d) Each property owner paying taxes, fees, or assessments levied by the board for any public facility as set forth in Section 2 of this Act may receive a credit equal to the present value of all such taxes, fees, and assessments toward any impact fee as may be levied by Dawson County against such property for system improvements which are in the same category as said public facility in accordance with Chapter 71 of Title 36 of the O.C.G.A., the "Georgia Development Impact Fee Act." Application for such development impact fee credit may be granted by legislative action of the governing authority of Dawson County in its discretion.
GEORGIA LAWS 2008 SESSION
SECTION 7. Boundaries of the districts.
3809
(a) The boundaries of each district shall be as designated as such by the governing authority
of Dawson County as set forth in the resolutions required in Section 4 of this Act, or as may
thereafter be added as provided in this Act. (b) The boundaries ~f a district may be increased after the initial creation of a district
pursuant to the followmg:
. . ..
..
(I) Written consent of a two-thirds maJonty of the owners of real property w1thm the area
sought to be annexed and which will be subject to taxes, fees, and assessments levied by
the board of the district; and (2) Written consent of owners of real property within the area sought to be annexed which constitutes at least 75 percent by value of the property 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; and
(3) The adoption of a resolution consenting to the annexation by the board of the district;
and (4) The adoption of a resolution consenting to the annexation by the governing authority
of Dawson County.
SECTION 8. Debt.
Except as otherwise provided in this section, each district may incur debt without regard to the requirements of Article IX, Section V of the Constitution of Georgia, or any other provision of law prohibiting or restricting the borrowing of money or the creation of debt by political subdivisions of the State of Georgia, which debt shall be backed by the full faith and credit and taxing power of the district but shall not be an obligation of the State of Georgia or any other unit of government of the State of Georgia other than the district.
SECTION 9. Cooperation with local governments.
The services and facilities provided pursuant to this Act shall be provided for in a cooperation agreement executed jointly by the board and by Dawson County. The provisions of this section shall in no way limit the authority of Dawson County to provide services or facilities within the district; and Dawson County 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 county. Nothing contained in this section shall be construed to limit or preempt the application of any governmental laws,
3810
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ordinances, resolutions, or regulations to the district or the services or facilities provided therein.
SECTION 10. Powers.
(a) Each district and its board created pursuant to this Act shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this Act, including, without limiting the generality of the foregoing, the power:
(I) To bring and defend actions; (2) To adopt and amend a corporate seal; (3) To make and execute contracts, agreements, and other instruments necessary or convenient to exercise the powers of the board or to further the public purposes for which the district is created, including, but not limited to, contracts for construction of projects, leases of projects, contracts for sale of projects, agreements for loans to finance projects, contracts with respect to the use of projects, and agreements with other jurisdictions or community improvement districts regarding multijurisdictional projects or services or for other cooperative endeavors to further the public purposes of the district; (4) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character, or any interest therein, in furtherance of the public purposes of the district; (5) To finance by loan, grant, lease, or otherwise; to construct; erect; assemble; purchase; acquire; own; repair; remodel; renovate; rehabilitate; modify; maintain; extend; improve; install; sell; equip; expand; add to; operate; or manage projects and to pay the cost of any project from the proceeds of the district or any other funds of the district, or from any contributions or loans by persons, corporations, partnerships whether limited or general, or other entities, all of which the board is authorized to receive, accept, and use; (6) To borrow money to further or carry out its public purposes and to execute bonds, notes, other obligations, leases, trust indentures, trust agreements, agreements for the sale ofits bonds, notes or other obligations, loan agreements, security agreements, assignments, and such other agreements or instruments as may be necessary or desirable, in the judgment of the board, to evidence and to provide security for such borrowing; (7) To issue bonds, notes, or other obligations of the district and use the proceeds 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 costs of the board incidental to, or necessary and appropriate to, furthering or carrying out such purposes; (8) To make application directly or indirectly to any federal, state, or county government or agency or to any other source, whether public or private, for loans, grants, guarantees, or other financial assistance in furtherance of the district s public purposes and to accept and use the same upon such terms and conditions as are prescribed by such federal, state, or county government or agency or other source;
GEORGIA LAWS 2008 SESSION
3811
(9) To enter into agreements with the federal government or any agency thereof to use the facilities or services of the federal government or any agency thereof in order to further or carry out the public purposes of the district; (10) To contract for any period, not exceeding 50 years, with the State of Georgia, state institutions, or any municipal corporation, county, or political subdivision of this state for the use by the district of any facilities or services of the state or any such state institution, municipal corporation, county, or political subdivision of this state, or for the use by any state institution or any municipal corporation, county, or political subdivision of this state ofany 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) To receive and use the proceeds of any tax levied by any county to pay the costs of any project or for any other purpose for which the board may use its own funds pursuant
hereto; (12) To receive and administer gifts, grants, and devises of money and property of any kind and to administer trusts; (13) To use any real property, personal property, or fixtures or any interest therein or to rent or lease such property to or from others or make contracts with respect to the use thereof or to sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant options for any such property in any manner as it deems to be the best advantage of the district and the public purposes thereof; (14) To appoint, select, and employ engineers, surveyors, architects, urban or city planners, fiscal agents, attorneys, and others and to fix their compensation and pay their expenses; (15) To 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 Dawson County; (16) To adopt bylaws governing the conduct of business by the board, the election and duties of officers of the board, and other matters which the board determines to deal with in its bylaws; (17) To exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purposes of the district, but not including the power of eminent domain; (18) To create, provide, enhance, or supplement public services such as fire, police, and other such services as may be deemed necessary, provided that said public services do not conflict with or duplicate existing Dawson County services; and (19) To do all things necessary or convenient to carry out the powers conferred by this section. (b) The powers enumerated in each paragraph of subsection (a) of this section are cumulative of and in addition to those powers enumerated in this section and elsewhere in this Act, and no such power limits or restricts any other power of the board.
3812
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(c) The powers enumerated in each paragraph of subsection (a) of this section are conferred for an essential governmental function for a public purpose, and the revenues and debt ofany district are not subject to taxation.
SECTION 11. Bonds generally.
(a) Notes or other obligations issued by a district other than general obligation bonds shall be paid solely from the property pledged to pay such notes or other obligations. General obligation bonds issued by any district shall constitute a general obligation of the district to the repayment of which the full faith and credit and taxing power of the district shall be pledged. (b) All bonds, notes, and other obligations of any district shall be authorized by resolution . of its board adopted by a majority vote of the board members at a regular or special meeting. (c) Bonds, notes, or other obligations shall bear such date or dates, shall mature at such time or times not more than 40 years from their respective dates, shall bear interest at such rate or rates which may be fixed or may fluctuate or otherwise change from time to time, shall be subject to redemption on such terms, and shall contain such other terms, provisions, covenants, assignments, and conditions as the resolution authorizing the issuance of such bonds, notes, or other obligations may permit or provide. The terms, provisions, covenants, assignments, and conditions contained in or provided or permitted by any resolution of the board authorizing the issuance of such bonds, notes, or other obligations shall bind the board members of the district then in office and their successors. (d) The board shall have power from time to time and whenever it deems it expedient to refund any bonds by the issuance of new bonds, whether or not the bonds to be refunded have matured, and may issue bonds partly to refund bonds then outstanding and partly for any other purpose permitted by this Act. The refunding bonds may be exchanged for the bonds to be refunded, with such cash adjustments as may be agreed upon, or may be sold and the proceeds applied to the purchase or redemption of the bonds to be refunded. (e) There shall be no limitation upon the interest rates or any maximum interest rate or rates on any bonds, notes, or other obligations of any district; and the usury laws of this state shall not apply to bonds, notes, or other obligations of any district. (f) Bonds issued by a district may be in such form, either coupon or fully registered, or both coupon and fully registered, and may be subject to such exchangeability and transferability provisions as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide. (g) All bonds issued by a district pursuant to this Act shall be issued and validated under and in accordance with Article 3 of Chapter 82 of Title 36 ofO.C.G.A., the "Georgia Revenue Bond Law." The signature of the clerk of the Superior Court of Dawson County may be made on the certificate of validation of such bonds by facsimile or by manual execution, stating the date on which such bonds were validated; and such entry shall be original
GEORGIA LAWS 2008 SESSION
3813
evidence of the fact of judgment and shall be received as original evidence in any court in
this state. (h) In lieu of specifying the rate or rates of interest which such bonds are to bear and the principal amount and maturities of such bonds, the notice to the district attorney or the Attorney General, the notice to the public of the time, place, and date of the validation hearing, and the petition and complaint for validation may state that the bonds when issued
will bear interest at a rate not exceeding a maximum per annum rate of interest which may
be fixed or may fluctuate or otherwise change from time to time and that the principal amount will not exceed and the final maturity date will not be later than as specified in such notices and petition and complaint or may state that, in the event the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate which may be fixed or may fluctuate or otherwise change from time to time so specified; provided, however, that nothing in this subsection shall be construed as prohibiting or restricting the right of a board to sell such bonds at a discount, even if in doing so the effective interest cost resulting would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint. (i) The terms "cost of the project" and "cost of any project" shall have the meaning prescribed in this Act whenever those terms are referred to in bond resolutions of a board, in bonds, notes, or other obligations of the district, or in notices or proceedings to validate such bonds, notes, or other obligations of a district.
SECTION 12. Authorized contents of agreements and instruments; use of proceeds of sale bonds, notes,
and other obligations; subsequent issues of obligations.
(a) Subject to the limitations and procedures provided by this section and by Section II of this Act, the agreements or instruments executed by a board may contain such provisions not inconsistent with law as shall be determined by the board. (b) The proceeds derived from the sale of all bonds, notes, and other obligations issued by a district shall be held and used for the ultimate purpose of paying, directly or indirectly as permitted by this Act, all or part of the cost of any project, or for the purpose of refunding any bonds, notes, or other obligations issued in accordance with this Act. (c) Issuance by a board of one or more series of bonds, notes, or other obligations for one or more purposes shall not preclude it from issuing other bonds, notes, or other obligations in connection with the same project or with any other projects; but the proceeding wherein any subsequent bonds, notes, or other obligations are issued shall recognize and protect any prior loan agreement, security agreement, or other agreement or instrument made for any prior issue of bonds, notes, or other obligations, unless in the resolution authorizing such prior issue the right is expressly reserved to the board to issue subsequent bonds, notes, or other obligations on a parity with such prior issue.
3814
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(d) In the event that any district shall be terminated in accordance with this Act, the board shall serve until December 31 of the year in which termination shall be approved for the purpose of concluding any ongoing matters and projects, but, if such cannot be concluded by December 31, then the governing authority of the county shall assume the duties of the administrative board and shall be expressly authorized to exercise the authority of the administrative board. In the alternative, the governing authority of the county may, by resolution, assume all rights and obligations ofthe district, either bonds or otherwise, and the district shall cease to exist upon the adoption of such resolution.
SECTION 13. Construction; applicability of Chapter 5 of Title I0 of the O.C.G.A., the "Georgia
Securities Act of 1973"; notice, proceeding, publication, and referendum.
This Act shall be liberally construed to effect the purposes hereof. The offer, sale, or issuance of bonds, notes, or other obligations by a 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." 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 14. Dissolution.
(a) Any district activated under the provisions of this Act may be dissolved. The conditions for such dissolution shall be:
(I) The adoption of a resolution approving of the dissolution of each community improvement district by the governing authority of Dawson County; and (2) The written consent to the dissolution of the community improvement district by:
(A) Two-thirds ofthe owners of real property within the district that are subject to taxes, fees, and assessments levied by the board of the district; and (B) The owners of real property constituting at least 75 percent by value of all real property within the district that are subject to taxes, fees, and assessments levied by the board. For this purpose, value shall be determined by the most recently approved county ad valorem tax digest. The written consent provided for in this paragraph shall be submitted to the Dawson County tax commissioner, who shall certify whether subparagraphs (A) and (B) of this paragraph have been satisfied with respect to each proposed district dissolution. (b) At the official caucus of electors at which board members are to be elected in the tenth year following creation of the district, and every tenth year thereafter, the question shall be put to the electors present to dissolve the community improvement district. Upon an affirmative vote of two-thirds of the electors present and voting, who shall represent at least 75 percent of the votes cast on the basis of value, the board shall send a ballot to each owner
GEORGIA LAWS 2008 SESSION
3815
of property subject to taxes, fees, and assessments levied by the board for a vote on the dissolution. Upon receipt of ballots consenting to the dissolution from a majority of the property owners, who shall represent at least 75 percent of the assessed value of said properties, the board shall request dissolution by the governing authority and shall forward said ballots to the Dawson County tax commissioner for certification. (c) In the event that successful action is taken pursuant to this section to dissolve the district, the dissolution shall become effective at such time as all debt obligations of the district have been satisfied. Foliowing a successful dissolution action and until the dissolution becomes effective, no new projects may be undertaken, no new obligations or debts may be incurred, and no new property may be acquired. (d) Upon a successful dissolution action, all noncash assets of the district other than public facilities or land or easements to be used for such public facilities, as described in Section 2 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 Dawson County. (e) When a dissolution becomes effective, the county governing authority shall take title to all property previously in the ownership of the district and all taxes, fees, and assessments of the district shall cease to be levied and collected. (f) A district may be reactivated in the same manner as an original activation.
SECTION 15. 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.
SECTION 16. Effective date.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 17. General Repealer.
All laws and parts of laws in conflict with this Act are repealed.
3816
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 2008 session of the General Assembly of Georgia a bill to provide for the creation of one or more community improvement districts in Dawson County; to provide for a short title; to provide for the purposes of such districts; to provide for definitions; to provide for boards to administer said districts; to provide for the appointment and election of members of such boards; to provide for taxes, fees, and assessments; to provide for the boundaries of such districts; to provide for debt
of such districts including bonded indebtedness; to provide for cooperation with local governments; to provide for powers of such boards; to provide for construction; to provide that no notice, proceeding, publication, or referendum shall be required; to provide for dissolutions; to provide the procedures connected with all of the foregoing; to provide for severability; to provide for an effective date; and for other purposes.
Representative Amos Amerson 9th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Amos Amerson, who on oath deposes and says that he is the Representative from District 9th and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Dawson News and Advertiser which is the official organ of Dawson County on March 26, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ AMOS AMERSON Amos Amerson Representative, District 9
Sworn to and subscribed before me, this 26th day of March 2008.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 13, 2008.
GEORGIA LAWS 2008 SESSION
3817
DEKALB COUNTY- COMMUNITY IMPROVEMENT DISTRICTS; CREATE.
No. 588 (House Bill No. 816).
AN ACT
To provide for the creation of one or more community improvement districts in DeKalb County; to provide for a short title; to provide for the purposes of such districts; to provide for definitions; to provide for boards to administer said districts; to provide for the appointment and election of members of such boards; to provide for taxes, fees, and assessments; to provide for the boundaries of such districts; to provide for debt of such districts including bonded indebtedness; to provide for cooperation with local governments; to provide for powers of such boards; to provide for construction; to provide that no notice, proceeding, publication, or referendum shall be required; to provide for dissolutions; to provide the procedures connected with all of the foregoing; to provide for severability; 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 "DeKalb County Community Improvement Districts Act of 2008."
SECTION 2. Purpose.
The purpose of this Act shall be to provide for the creation of one or more community improvement districts within unincorporated DeKalb County, and such district shall be created for the provision ofsuch ofthe following governmental services and facilities as may be provided for in the resolution activating each district created hereby, or as may be adopted by resolutions of the majority of the electors and the majority of the equity electors as defined in this Act:
(I) Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads; (2) Parks and recreational areas and facilities; (3) Storm water and sewage collection and disposal systems; (4) Development, storage, treatment, purification, and distribution of water; (5) Public transportation; (6) Terminal and dock facilities and parking facilities; and
3818
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(7) Such other services and facilities as may be provided for by general law.
SECTION 3. Definitions.
As used in this Act, the term: (I) "Agricultural" means the growing of crops for sale or the raising of animals for sale or use, including the growing of field crops and 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 each community improvement district authorized by this Act. (3) "Caucus of electors" means for each district the meeting of electors as provided in this Act at which the elected board members of the district are elected or at which the governmental services and facilities to be provided by the district are determined. A quorum at such caucus shall consist of those electors present, and a majority of those present and voting shall be necessary to take action. No proxy votes may be cast. Notice of said meeting shall be given to said electors and equity electors by publishing notice thereof in the legal organ of DeKalb County at least once each week for four weeks prior to such meeting. (4) "Cost of the project" or "cost of any project" means and includes: (A) All costs of acquisition by purchase or otherwise, construction, assembly, installation, modification, renovation, or rehabilitation incurred in connection with any project or any part of any project; (B) All costs of real property, fixtures, or personal property used in or in connection with or necessary for any project or for any facilities related thereto, including, but not limited to, the cost of all land, estates for years, easements, rights, improvements, water rights, connections for utility services, fees, franchises, permits, approvals, licenses, and certificates; the cost of securing any such franchises, permits, approvals, licenses, or certificates; the cost of preparation of any application therefor; and the cost ofall fixtures, machinery, equipment including all transportation equipment and rolling stock, furniture, and other property used in or in connection with or necessary for any project; (C) All financing charges and loan fees and all interest on bonds, notes, or other obligations of a district which accrue or are paid prior to and during the period of construction of a project and during such additional period as the board may reasonably determine to be necessary to place such project in operation; (D) All costs of engineering, surveying, architectural, and legal services and all expenses incurred by engineers, surveyors, architects, and attorneys in connection with any project; (E) All expenses for inspection of any project; (F) All fees of fiscal agents, paying agents, and trustees for bondholders under any trust agreement, indenture of trust, or similar instrument or agreement; all expenses incurred
GEORGIA LAWS 2008 SESSION
3819
by any such fiscal agents, paying agents, and trustees; and all other costs and expenses incurred relative to the issuances of any bonds, notes, or other obligations for any project; (G) All expenses of or incidental to determining the feasibility or practicability of any project; (H) All costs of plans and specifications for any project; (I) All costs of title insurance and examinations of title with respect to any project; (J) Repayment of any loans made for the advance payment of any part of the foregoing costs, including interest thereon and any other expenses of such loans; (K) Administrative expenses of the board and such other expenses as may be necessary for or incidental to any project or the financing thereof or the placing of any project in operation; and (L) The establishment of a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, or such other funds or reserves as the board may approve with respect to the financing and operation of any project and as may be authorized by any bond resolution, trust agreement, indenture of trust, or similar instrument or agreement pursuant to the provisions of which the issuance of any bonds, notes, or other obligations of the district may be authorized. Any cost, obligation, or expense incurred for any of the foregoing purposes shall be a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of bonds, notes, or other obligations issued by the district. (5) "District" means the geographical area designated as such by the resolution of the governing body consenting to the creation of the community improvement district or as thereafter modified by any subsequent resolution of the governing body 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. (6) "Electors" means the owners of real property used nonresidentially within the 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 DeKalb 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. 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 ofmultiple 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. (7) "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," with reference to taxes, fees, and assessments levied by the board, means that the burden of the taxes, fees, and assessments shall be apportioned among the properties subject thereto based upon the values established
3820
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
in the most recent ad valorem tax reassessment of such properties certified by the chairperson of the DeKalb County Board of Tax Assessors, or with respect to fees and assessments may be apportioned among the properties subject thereto in direct or approximate proportion to the receipt of services or benefits derived from the improvements or other activities for which the taxes, fees, or assessments are to be expended, or with respect to fees and assessments may be apportioned in any other manner or combination of manners deemed equitable by the board, including, but not limited to, the recognition of differential benefits which may reasonably be expected to accrue to new land development in contrast to lands and improvements already in existence at the time of creation of the community improvement district. (8) "Equity electors" means electors who cast votes equal to each $1,000.00 value of all owned real property within the district which is then subject to taxes, fees, and assessments levied by the board. The value of real property shall be the assessed value. In the event the owner shall be a corporation, trust, partnership, multiple owners, or any other entity, one person shall be designated as elector and such designation shall be made in writing. (9) "Forestry" means the planting and growing of trees for sale in a program which includes reforestation of harvested trees, regular underbrush and undesirable growth clearing, fertilizing, pruning, thinning, cruising, and marking which indicate an active tree-farming operation. It does not include the casual growing of trees on land otherwise idle or held for investment, even though some harvesting of trees may occur thereon. (I 0) "Project" means the acquisition, construction, installation, modification, renovation, or rehabilitation of land, interests in land, buildings, structures, facilities, or other improvements, including operation of facilities or other improvements, located or to be located within or otherwise providing service to the district and the acquisition, installation, modification, renovation, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement; the creation, provision, enhancement, or supplementing of public services such as fire, police, and other services, provided that same do not conflict with or duplicate existing public services; and all for the essential public purposes set forth in Section 2 of this Act. (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 DeKalb County within the district. Ownership as shown by the most recent ad valorem real property tax records of DeKalb County shall be prima-facie proof of ownership. Multiple owners of one parcel shall constitute one property owner and shall designate in writing one of their number to represent the whole. (12) "Property used nonresidentially" means property or any portion thereof used for neighborhood shopping, planned shopping center, general commercial, transient lodging facilities, tourist services, office or institutional, office services, light industry, heavy industry, central business district, parking, or other commercial or business use or vacant
GEORGIA LAWS 2008 SESSION
3821
land zoned or approved for any of the aforementioned uses which do not include residential. (13) "Residential" means a specific work or improvement undertaken primarily to provide single-family or multifamily dwelling accommodations for persons and families and such community facilities as may be incidental or appurtenant thereto. (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.
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 wholly within the unincorporated area of DeKalb County, each of which shall be activated upon compliance with the conditions set forth in this section. Each district shall be governed by a board constituted by this Act. The conditions for such activation shall be:
(I) The adoption of a resolution consenting to the creation of each community improvement district by the governing authority of DeKalb County; 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 district which will be subject to taxes, fees, and assessments levied by the board of the district; and (B) The owners of real property within the district which constitutes at least 75 percent by value of all real property within the district which will be subject to taxes, fees, and assessments levied by the board. For this purpose, value shall be determined by the most recent approved county ad valorem tax digest. The written consent provided for in this paragraph shall be submitted to the tax commissioner ofDeKalb County, who shall certify whether subparagraphs (A) and (B) of this paragraph have been satisfied with respect to each such proposed district. No district or board created under this Act shall transact any business or exercise any powers under this Act until the foregoing conditions are met. A copy of such resolutions shall be filed with the Secretary of State, who shall maintain a record of all districts activated under this Act, and with the Department of Community Affairs.
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 seven board members to be appointed and elected as provided in this section. Two board members shall be appointed by the governing authority of DeKalb County. Two board
3822
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 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 I and 2 shall be cast by electors and votes for posts 3, 4, and 5 shall be cast by equity electors. The initial term of office for the members representing posts I and 4 shall be one year. The initial term of office for the members representing posts 2 and 5 shall be two years, and the initial term of office of the members representing post 3 shall be three years. Thereafter, all terms of office for the elected board members shall be for three years. The appointed board members shall serve at the pleasure of the governing authority of DeKalb County. (b) The initial board members to be elected as provided in subsection (a) ofthis section shall be elected in a caucus of electors which shall be held within 90 days after the adoption of the resolutions and obtaining the written consents herein provided at such time and place within the district as the governing authority of DeKalb County shall designate after notice thereof shall have been given to said electors by publishing same in the legal organ of DeKalb County. Thereafter, there shall be conducted biennially, not later than 60 days following the last day for filing ad valorem real property tax returns in DeKalb County, a caucus of 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. (c) Board members shall be subject to recall as any other elected public official by the electors defined by this Act. (d) Board members shall receive no compensation for their services, but shall be reimbursed for actual expenses incurred in the performance of their duties. They shall elect one of their number as chairperson and another as vice chairperson. They shall also elect a secretary and a treasurer, or a secretary-treasurer, either of whom may, but need not, be a member of the board or an elector. (e) Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code,' shall not apply to the election of district board members. The district board may adopt such bylaws not inconsistent herewith to provide for any matter concerning such elections.
SECTION 6. Taxes, fees, and assessments.
(a) The board may levy taxes, fees, and assessments within the district only on real property used nonresidentially, specifically excluding all property exempt from ad valorem taxation under the Constitution or laws of the State of Georgia; all property used for residential,
GEORGIA LAWS 2008 SESSION
3823
agricultural, or forestry purposes; and all tangible personal property and intangible property. Any tax, fee, or assessment so levied shall not exceed 2.5 percent of the aggregate assessed value of all such real property. The taxes, fees, and assessments levied by the board shall be equitably apportioned among the properties subject to such taxes, fees, and assessments according to the need for governmental services and facilities created by the degree of density of development of each such property. The proceeds of taxes, fees, and assessments levied by the board shall be used only for the purpose of providing governmental services and facilities which are specially required by the degree of density of development within the district and not for the purpose of providing those governmental services and facilities provided to the county or municipality as a whole. Any tax, fee, or assessment so levied shall be collected by DeKalb County in the same manner as taxes, fees, and assessments are levied by DeKalb County. Delinquent taxes shall bear the same interest and penalties as DeKalb County or municipal 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 I percent of such proceeds, but not more than $25,000.00 in any one calendar year, shall be transmitted by DeKalb County to the board and shall be expended by the board only for the purposes authorized by this Act. (b) The board shall levy the taxes, fees, and assessments 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. All taxes, fees, and assessments levied by the board and collected by DeKalb County shall be segregated, and neither DeKalb County nor the DeKalb County Tax Commissioner shall expend such funds for any purpose not authorized by the board except as authorized in subsection (a) of this section. (c) If, but for this provision, a parcel of real property is removed from a district or otherwise would become nontaxable, it shall continue to bear its tax millage then extant upon such event for bonded indebtedness ofthe district then outstanding until said bonded indebtedness then outstanding is paid or refunded. (d) Each property owner paying taxes, fees, or assessments levied by the board for any public facility as set forth in Section 2 of this Act may receive a credit equal to the present value of all such taxes, fees, and assessments toward any impact fee as may be levied by DeKalb County against such property for system improvements which are in the same category as said public facility in accordance with Chapter 71 of Title 36 of the O.C.G.A., the 'Georgia Development Impact Fee Act.' Application for such development impact fee credit may be granted by legislative action of the governing authority of DeKalb County in its discretion.
3824
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 7. Boundaries of the districts.
(a) The boundaries of each district shall be as designated as such by the governing authority of DeKalb County as set forth in the resolution required in Section 4 of this Act, or as may thereafter be added as provided in this Act. (b) The boundaries of a district may be increased after the initial creation of a district pursuant to the following:
(I) Written consent of a majority of the owners of real property within the area sought to be annexed and which will be subject to taxes, fees, and assessments levied by the board of the district; (2) Written consent of owners of real property within the area sought to be annexed which constitutes at least 75 percent by value of the property 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; (3) The adoption of a resolution consenting to the annexation by the board of the district; and (4) The adoption of a resolution consenting to the annexation by the governing authorities of DeKalb County.
SECTION 8. Debt.
Except as otherwise provided in this section, each district may incur debt without regard to the requirements of Article IX, Section V of the Constitution of Georgia, or any other provision of law, prohibiting or restricting the borrowing of money or the creation of debt by political subdivisions of the State of Georgia, which debt shall be backed by the full faith and credit and taxing power of the district but shall not be an obligation of the State of Georgia or any other unit of government of the State of Georgia other than the district.
SECTION 9. Cooperation with local governments.
The services and facilities provided pursuant to this Act shall be provided for in a cooperation agreement executed jointly by the board and by DeKalb County. The provisions of this section shall in no way limit the authority of DeKalb County to provide services or facilities within the district; and DeKalb County 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 county. Nothing contained in this section shall be construed to limit or preempt the application of any governmental laws,
GEORGIA LAWS 2008 SESSION
3825
ordinances, resolutions, or regulations to the district or the services or facilities provided therein.
SECTION 10. Powers.
(a) Each district and its board created pursuant hereto shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this Act, including, without limiting the generality of the foregoing, the power:
(I) To bring and defend actions; (2) To adopt and amend a corporate seal; (3) To make and execute contracts, agreements, and other instruments necessary or convenient to exercise the powers of the board or to further the public 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 multi-jurisdictional projects or services or for other cooperative endeavors to further the public purposes of the district; (4) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character, or any interest therein, in furtherance of the public purposes of the district; (5) To finance by loan, grant, lease, or otherwise; to construct, erect, assemble, purchase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend, improve, install, sell, equip, expand, add to, operate, or manage projects; and to pay the cost of any project from the proceeds of the district or any other funds of the district, or from any contributions or loans by persons, corporations, partnerships whether limited or general, or other entities, all of which the board is authorized to receive, accept, and use; (6) To borrow money to further or carry out its public purposes and to execute bonds, notes, other obligations, leases, trust indentures, trust agreements, agreements for the sale ofits bonds, notes or other obligations, loan agreements, security agreements, assignments, and such other agreements or instruments as may be necessary or desirable, in the judgment of the board, to evidence and to provide security for such borrowing; (7) To issue bonds, notes, or other obligations of the district and use the proceeds 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 costs of the board incidental to, or necessary and appropriate to, furthering or carrying out such purposes; (8) To make application directly or indirectly to any federal or county government or agency or to any other source, whether public or private, for loans, grants, guarantees, or other financial assistance in furtherance of the district's public purposes and to accept and use the same upon such terms and conditions as are prescribed by such federal, state, or county government or agency or other source;
3826
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(9) To enter into agreements with the federal government or any agency thereof to use the facilities or services of the federal government or any agency thereof in order to further or carry out the public purposes of the district; (I 0) To contract for any period, not exceeding 50 years, with the State of Georgia, state institutions, or any municipal corporation, county, or political subdivision of this state for the use by the district of any facilities or services of the state or any such state institution, municipal corporation, county, or political subdivision of this state, or for the use by any state institution or any municipal corporation, county, or political subdivision of 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; (II) To receive and use the proceeds of any tax levied by the county to pay the costs of any project or for any other purpose for which the board may use its own funds pursuant hereto; (12) To receive and administer gifts, grants, and devises of money and property of any kind and to administer trusts; (13) To use any real property, personal property, or fixtures or any interest therein or to rent or lease such property to or from others or make contracts with respect to the use thereof or to sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant options for any such property in any manner as it deems to be the best advantage of the district and the public purposes thereof; (14) To appoint, select, and employ engineers, surveyors, architects, urban or city planners, fiscal agents, attorneys, and others and to fix their compensation and pay their expenses; (15) To 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 DeKalb County and any municipality in which the district is wholly or partially located; (16) To adopt bylaws governing the conduct of business by the board, the election and duties of officers of the board, and other matters which the board determines to deal with in its bylaws; (17) To exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purposes of the district; ( 18) To invest its funds, whether derived from the issuance of bonds or otherwise, in such manner as it may deem prudent and appropriate, without further restriction; (19) To create, provide, enhance, or supplement public services such as fire, police, and other such services as may be deemed necessary, provided that said public services do not conflict with or duplicate existing DeKalb County or municipal services; and (20) To do all things necessary or convenient to carry out the powers conferred by this section.
GEORGIA LAWS 2008 SESSION
3827
(b) The powers enumerated in each paragraph of subsection (a) of this section are cumulative of and in addition to those powers enumerated in this section and elsewhere in this Act; and no such power limits or restricts any other power of the board. (c) The powers enumerated in each paragraph of subsection (a) ofthis section are conferred for an essential governmental function for a public purpose, and the revenues and debt of any district are not subject to taxation.
SECTION 11. Bonds - generally.
(a) Notes or other obligations issued by a district other than general obligation bonds shall be paid solely from the property pledged to pay such notes or other obligations. General obligation bonds issued by any district shall constitute a general obligation of the district to the repayment of which the full faith and credit and taxing power of the district shall be pledged. (b) All bonds, notes, and other obligations of any district shall be authorized by resolution ofits board, adopted by a majority vote ofthe board members at a regular or special meeting. (c) Bonds, notes, or other obligations shall bear such date or dates, shall mature at such time or times not more than 40 years from their respective dates, shall bear interest at such rate or rates which may be fixed or may fluctuate or otherwise change from time to time, shall be subject to redemption on such terms, and shall contain such other terms, provisions, covenants, assignments, and conditions as the resolution authorizing the issuance of such bonds, notes, or other obligations may permit or provide. The terms, provisions, covenants, assignments, and conditions contained in or provided or permitted by any resolution of the board authorizing the issuance of such bonds, notes, or other obligations shall bind the board members of the district then in office and their successors. (d) The board shall have power from time to time and whenever it deems it expedient to refund any bonds by the issuance of new bonds, whether or not the bonds to be refunded have matured, and may issue bonds partly to refund bonds then outstanding and partly for any other purpose permitted by this Act. The refunding bonds may be exchanged for the bonds to be refunded, with such cash adjustments as may be agreed upon, or may be sold and the proceeds applied to the purchase or redemption of the bonds to be refunded. (e) There shall be no limitation upon the interest rates or any maximum interest rate or rates on any bonds, notes, or other obligations of any district; and the usury laws of this state shall not apply to bonds, notes, or other obligations of any district. (f) Bonds issued by a district may be in such form, either coupon or fully registered, or both coupon and fully registered, and may be subject to such exchangeability and transferability provisions as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide. (g) All bonds issued by a district pursuant to this Act shall be issued and validated under and in accordance with Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Georgia
3828
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Revenue Bond Law." The signature of the clerk of the Superior Court of DeKalb County may be made on the certificate of validation of such bonds by facsimile or by manual execution, stating the date on which such bonds were validated; and such entry shall be original evidence of the fact of judgment and shall be received as original evidence in any court in this state. (h) In lieu of specifying the rate or rates of interest which such bonds are to bear, and the principal amount and maturities of such bonds, the notice to the district attorney or the Attorney General, the notice to the public of the time, place, and date of the validation hearing, and the petition and complaint for validation may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest which may be fixed or may fluctuate or otherwise change from time to time and that the principal amount will not exceed and the final maturity date will not be later than as specified in such notices and petition and complaint or may state that, in the event the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate which may be fixed or may fluctuate or otherwise change from time to time so specified; provided, however, that nothing in this subsection shall be construed as prohibiting or restricting the right of a board to sell such bonds at a discount, even if in doing so the effective interest cost resulting would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint. (i) The terms 'cost of the project' and 'cost of any project' shall have the meaning prescribed in this Act whenever those terms are referred to in bond resolutions of a board, in bonds, notes, or other obligations ofthe district, or in notices or proceedings to validate such bonds, notes, or other obligations of a district.
SECTION 12. Authorized contents of agreements and instruments; use of proceeds of sale bonds,
notes, and other obligations; subsequent issues of obligations.
(a) Subject to the limitations and procedures provided by this section and by Section 11 of this Act, the agreements or instruments executed by a board may contain such provisions not inconsistent with law as shall be determined by the board. (b) The proceeds derived from the sale of all bonds, notes, and other obligations issued by a district shall be held and used for the ultimate purpose of paying, directly or indirectly as permitted by this Act, all or part of the cost of any project, or for the purpose of refunding any bonds, notes, or other obligations issued in accordance with this Act. (c) Issuance by a board of one or more series of bonds, notes, or other obligations for one or more purposes shall not preclude it from issuing other bonds, notes, or other obligations in connection with the same project or with any other projects; but the proceeding wherein any subsequent bonds, notes, or other obligations are issued shall recognize and protect any prior loan agreement, security agreement, or other agreement or instrument made for any prior issue of bonds, notes, or other obligations, unless in the resolution authorizing such
GEORGIA LAWS 2008 SESSION
3829
prior issue the right is expressly reserved to the board to issue subsequent bonds, notes, or other obligations on a parity with such prior issue. (d) In the event that any district shall be terminated in accordance with this Act, the board shall serve until December 31 of the year in which termination shall be approved for the purpose of concluding any ongoing matters and projects, but, if such cannot be concluded by December 31, then the governing authority of the county shall assume the duties of the administrative board and shall be expressly authorized to exercise the authority of the administrative board. In the alternative, the governing authority of the county may, by resolution, assume all rights and obligations ofthe district, either bonds or otherwise, and the district shall cease to exist upon the adoption of such resolution.
SECTION 13. Construction; applicability of Chapter 5 of Title 10 of the O.C.G.A., the 'Georgia
Securities Act of 1973'; notice, proceeding, publication, referendum.
This Act shall be liberally construed to effect the purposes hereof. The offer, sale, or issuance of bonds, notes, or other obligations by a 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.' 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 14. Dissolution.
(a) Any district activated under the provisions of this Act may be dissolved. The conditions for such dissolution shall be:
(I) The adoption of a resolution approving of the dissolution of each community improvement district by the DeKalb County Board of Commissioners; and (2) The written consent to the dissolution of the community improvement district by:
(A) Two-thirds of the owners of real property within the district which are subject to taxes, fees, and assessments levied by the board of the district; and (B) The owners of real property constituting at least 75 percent by value of all real property within the district which are subject to taxes, fees, and assessments levied by the board. For this purpose, value shall be determined by the most recent approved county ad valorem tax digest. The written consent provided for in this paragraph shall be submitted to the DeKalb County tax commissioner, who shall certify whether subparagraphs (A) and (B) of this paragraph have been satisfied with respect to each 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
3830
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 DeKalb County. (d) When a dissolution becomes effective, the county governing authority 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 15. 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.
SECTION 16. Effective date.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 17. General Repealer.
All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to provide for the creation of one or more community improvement districts in DeKalb County and in each municipality therein; to provide for a short title; to provide for the purposes of said districts; to provide for definitions; to provide for boards to administer said districts; to provide for the appointment and election of
GEORGIA LAWS 2008 SESSION
3831
members of said boards; to provide for taxes, fees, and assessments; to provide for the boundaries if said districts; to provide for debt of said districts other than bonded indebtedness; to provide for for cooperation with local governments; to provide for powers ofsaid boards; to provide for construction; to provide that no notice, proceeding, publication, or referendum whall be required; to provide for dissolutions; to provide the procedures connected with all of the foregoing; to repeal conflicting laws; and for other purposes.
This 30th day of March, 2007.
Representative Michele D. Henson District 87
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Michele D. 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 AprilS, 2007, and that the notice requirements of Code Section 28-1-14 have been met.
s/ MICHELE D. HENSON Michele D. Henson Representative, District 87
Sworn to and subscribed before me, this lOth day of Apri12007.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 13,2008.
3832
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF DECATUR- REDEVELOPMENT POWERS; REFERENDUM.
No. 589 (House Bill No. 664).
AN ACT
To authorize the City of Decatur 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 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 Decatur 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 Decatur 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 ofDecaturto 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 Decatur 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 Decatur 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 DeKalb County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which authorizes the City of Decatur 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 2008 SESSION
3833
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 Decatur. 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 hereby given that there will be introduced at the 2007 session of the General Assembly of Georgia a bill to authorize the City of Decatur, Georgia to exercise redevelopment powers as provided for in The Redevelopment Powers Law (Georgia Laws 1985, p. 1360 1) in order to create tax allocation districts for economic redevelopment purposes; to provide for a referendum in which the qualified voters of the City of Decatur must approve the local law; to repeal conflicting laws; and for other purposes.
This 22nd day of February, 2007.
Peggy Merriss City Manager
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mary Margaret Oliver, who on oath deposes and says that she is the Representative from District 83 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 22, 2007, and that the notice requirements of Code Section 28-1-14 have been met.
s/ MARY MARGARET OLIVER Mary Margaret Oliver Representative, District 83
3834
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this Ist day of March 2007.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 13, 2008.
FAYETTE COUNTY- STATE COURT; COMPENSATION OF JUDGE AND SOLICITOR.
No. 590 (House Bill No. 1416).
AN ACT
To amend an Act creating the State Court of Fayette County, approved April 13, 1994 (Ga. L. 1994, p. 4980), as amended, so as to change the compensation ofthe judge; to change the compensation of the solicitor; 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 I. An Act creating the State Court of Fayette County, approved April 13, 1994 (Ga. L. 1994, p. 4980), as amended, is amended by revising Section 17 as follows:
'Section 17. The judge of the State Court of Fayette County shall receive as compensation an amount equal to 90 percent of the base salary of a judge of the superior courts in the State of Georgia plus 90 percent of the supplement paid to superior court judges of the Griffin Judicial Circuit. Such compensation shall be paid in equal monthly installments from the funds of Fayette County.'
SECTION 2. Said Act is further amended by revising Section 21 as follows:
'Section 21. The solicitor ofthe State Court ofFayette County shall receive as compensation an amount equal to 68 percent of the base salary of a judge of the superior courts for the State of
GEORGIA LAWS 2008 SESSION
3835
Georgia. Such compensation shall be paid in equal monthly installments from the funds of Fayette 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 2008 Session of the General Assembly of Georgia, a bill to change the salary of the state court judge, to change the qualifications for the state court judge, to change the salary of the solicitor, to clarify the lack of a statutory right to a jury trial for petty offenses, to change the number of peremptory strikes in a jury trial and for other purposes.
This 13th day of February, 2008.
Scott D. Bennett County Attorney Fayette County, Georgia
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Matt Ramsey, who on oath deposes and says that he is the Representative from District 72 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Fayette Daily News which is the official organ of Fayette County on February 13, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ MATT RAMSEY Matt Ramsey Representative, District 72
3836
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 4th day of March 2008.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 13, 2008.
CITY OF CLARKSTON- REDEVELOPMENT POWERS; REFERENDUM.
No. 591 (House Bill No. 1488).
AN ACT
To authorize the City of Clarkston 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 Clarkston shall be and is authorized to exercise all redevelopment and other powers under Chapter 44 of Title 36 ofthe O.C.G.A., the "Redevelopment Powers Law," as amended. The intention of this Act is to authorize the City of Clarkston 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 Clarkston 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 ofClarkston shall call and conduct an election as provided
GEORGIA LAWS 2008 SESSION
3837
in this section for the purpose of submitting this Act to the electors of the City of Clarkston for approval or rejection. The municipal election superintendent shall conduct that election on the date of November, 2008, state-wide general election and shall issue the call and conduct that election as provided by general law. The municipal election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of DeKalb County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which authorizes Clarkston 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 Clarkston. 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 2008 session of the General Assembly of Georgia a bill to authorize the City of Clarkston 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.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Karla Drenner, who on oath deposes and says that she is the Representative from
3838
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
District 86 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Champion Newspaper which is the official organ of DeKalb County on March 13, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
sf KARLA DRENNER Karla Drenner Representative, District 86
Sworn to and subscribed before me, this 27th day of March 2008.
sf DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 13, 2008.
EFFINGHAM COUNTY- HOMESTEAD EXEMPTION; SCHOOL TAXES; BASE YEAR; REFERENDUM.
No. 592 (House Bill No. 999).
AN ACT
To provide a short title; to provide for a homestead exemption from Effingham County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions ofthe exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; 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 "Effingham County School District Carter-Burns Act."
GEORGIA LAWS 2008 SESSION
3839
SECTION 2. (a) As used in this Act, the term:
(1) "Ad valorem taxes for educational purposes" means all ad valorem taxes for educational purposes levied by, for, or on behalf of the Effingham County School District, including, but not limited to, any ad valorem taxes to pay interest on and to retire county school district bonded indebtedness. (2) "Base year" means:
(A) For those persons who are receiving a homestead exemption on January 1, 2009, the 2008 taxable year; or (B) For those persons applying for a homestead exemption on and after January 1, 2009, 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 in the event a reassessment of the homestead causes the actual assessed value ofthat homestead to be increased, the tax commissioner shall adjust the base year assessed value by the lesser of3 percent, the percentage change in the Consumer Price Index as reported by the United States Department of Labor Bureau of Labor Statistics, or the actual percentage increase in the actual assessed value. (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)(1) Each resident of the Effingham County School District is granted an exemption on that person's homestead from Effingham County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the adjusted base year assessed value of the homestead. This exemption shall not apply to taxes assessed on improvements to the homestead or additional land that is added to the homestead after January I of the base year. If any real property is removed from the homestead, the base year assessed value shall be adjusted to reflect such removal and the exemption shall be recalculated accordingly. The value ofthat property in excess of such exempted amount shall remain subject to taxation. (2) The unremarried surviving spouse of the deceased spouse who has been granted the exemption provided for in paragraph (1) of this subsection shall continue to receive the exemption provided under paragraph (I) of this subsection so long as that unremarried surviving spouse continues to occupy the home as a residence and homestead. (c) Those persons receiving homestead exemptions on January I, 2009, shall automatically receive the homestead exemption granted by subsection (b) of this section. For a person who is not receiving a homestead exemption on January 1, 2009, such 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 Effingham County giving such information relative to receiving such exemption as will enable the tax commissioner to make a determination regarding the initial and continuing eligibility of such owner for such
3840
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
exemption. The tax commissioner of Effingham County shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G .A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the tax commissioner of the county in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, municipal ad valorem taxes for municipal purposes, or independent school district taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to county school district ad valorem taxes for educational purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2009.
SECTION 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Effingham County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors ofthe Effingham County School District for approval or rejection. 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 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 Effingham County. The ballot shall have written or printed thereon the words:
"( ) YES ( ) NO
Shall the Act entitled the "Effingham County School District Carter-Burns Act" be approved which provides a homestead exemption from Effingham 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?"
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 ofthe Act, Section 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, Section 2 of this Act shall not become effective and this Act shall
GEORGIA LAWS 2008 SESSION
3841
be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Effingham 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 2008 session of the General Assemble of Georgia a bill to provide for a homestead exemption from the Effingham County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
This 7th day of January 2008
Representative Earl Carter !59th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Earl L. Carter, who on oath deposes and says that he is the Representative from District !59 and further deposes and says that the attached Notice oflntention to Introduce Local Legislation was published in the Effingham Herald which is the official organ of Effingham County on January 15, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ EARL L. CARTER EarlL. Carter Representative, District !59
3842
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 22nd day of January, 2008.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 13,2008.
EMANUEL COUNTY -BOARD OF EDUCATION; COMPENSATION.
No. 593 (House Bill No. 1279).
AN ACT
To amend an Act providing for the composition and election of the Board of Education of Emanuel County, approved April12, 1982 (Ga. L. 1982, p. 4049), as amended, particularly by an Act approved March I0, 1988 (Ga. L. 1988, p. 3836), so as to change the compensation of the chairman and members of that board; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for the composition and election of the Board of Education of Emanuel County, approved April 12, 1982 (Ga. L. 1982, p. 4049), as amended, particularly by an Act approved March 10, 1988 (Ga. L. 1988, p. 3836), is amended by revising Section 5 as follows:
"Section 5.
At the first meeting of the board in January, and at the January meeting biennially thereafter, the board shall elect one of their members as chairman to serve for a term of two years and such other officers as the board shall determine. Four members of the board shall constitute a quorum for the transaction of business. All members of the board shall be compensated in the amount of$400.00 per month, plus actual and necessary expenses incurred in carrying out their official duties, except that the compensation of the chairman shall be $450.00 per
GEORGIA LAWS 2008 SESSION
3843
month, plus actual and necessary expenses incurred in carrying out the chairman's official duties.'
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2008 Session of the General Assembly of Georgia legislation to increase compensation of the members of the Emanuel County Board of Education; to provide for other matters relative thereto; and for other purposes related to the Board of Education.
This 6th day of February, 2008
Lacy B. Frye, III, Superintendent Emanuel County Schools
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Butch Parrish, who on oath deposes and says that he is the Representative from District 156 and further deposes and says that the attached Notice oflntention to Introduce Local Legislation was published in the Forest-Blade which is the official organ of Emanuel County on February 6, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
sf BUTCH PARRISH Butch Parrish Representative, District 156
Sworn to and subscribed before me, this 14th day of February 2008.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 13, 2008.
3844
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
EFFINGHAM COUNTY -BOARD OF EDUCATION; QUALIFICATIONS.
No. 594 (House Bill No. 1385).
AN ACT
To amend an Act reconstituting the Board of Education of Effingham County, approved March 26, 1987 (Ga. L. 1987, p. 4596), as amended, particularly by an Act approved September 15,2001 (Ga. L. 2001, Ex. Sess., p. 268), so as to change the provisions regarding the qualifications of members of the board; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act reconstituting the Board of Education of Effingham County, approved March 26, 1987 (Ga. L. 1987, p. 4596), as amended, particularly by an Act approved September 15, 200 I (Ga. L. 200 I, Ex. Sess., p. 268), is amended by revising Section 1-2 as follows:
'SECTION 1-2. In order to be eligible for election to the Board of Education of Effingham County, a candidate shall at the time of his or her election:
(I) Be a United States citizen and a citizen of the State of Georgia; (2) Have been a resident of Effingham County for at least 12 months immediately preceding the date of the election; and (3) Be at least 21 years of age. In addition, at the time such candidate qualifies to seek election to the Board of Education ofEffingham County, such person shall be a resident of the education district that he or she seeks to represent.'
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 2008 session of the General Assembly of Georgia a bill to amend an Act reconstituting the Board of Education of Effingham County, March 26, 1987 (Ga. L. 1987, p. 4596), as amended, particularly by an Act approved September 15, 2001 (Ga. L. 200 I, Ex. Sess., p. 268), so as to change the provisions regarding the qualifications of members of the board; to provide for related matters; to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 2008 SESSION This 24th day of February, 2008.
3845
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 February 24, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JON BURNS Jon Burns Representative, District 15 7
Sworn to and subscribed before me, this 4th day of March 2008.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 13, 2008.
DOUGLAS COUNTY- STATE COURT; ADDITIONAL JUDGE.
No. 595 (House Bill No. 1414).
AN ACT
To amend an Act creating the State Court of Douglas County, approved April 1, 1999 (Ga. L. 1999, p. 3606), so as to provide an additional judge for the State Court of Douglas County; to provide for the appointment of the initial additional judge and the election of successors; to provide for terms of office of said additional judge and successors to such judge; to provide for powers and privileges of said additional judge; to provide for the compensation and expenses of said additional judge; to provide for related matters; to repeal conflicting laws; and for other purposes.
3846
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 Douglas County, approved April!, 1999 (Ga. L. 1999, p. 3606), is amended by striking Section 11 in its entirety and inserting a new Section II to read as follows:
nSECTION 11. (a) Until July 1, 2009 there shall be one judge of the State Court of Douglas County who shall be elected by the qualified voters ofDouglas County at the state-wide general election in November, 2002, and quadrennially thereafter, shall take office the first day of January immediately following such election, and shall serve for a term of office of four years and until the election and qualification of a successor, as provided by Chapter 7 of Title 15 and by Title 21 of the O.C.G.A.; provided, however, that the first judge shall be appointed by the Governor for a term of office of 18 months beginning July I, 200 I, and until the election and qualification of a successor. (b) Effective July I, 2009 there shall be two judges of the State Court of Douglas County. The second judge added effective July I, 2009 shall be elected by the qualified voters of Douglas County at the state-wide general election in November, 20 I0, and quadrennially thereafter, shall take office the first day of January immediately following such election, and shall serve for a term of office of four years and until the election and qualification of a successor, as provided by Chapter 7 of Title 15 and by Title 21 of the O.C.G.A.; provided, however, that said judge shall be appointed by the Governor for a term of office of 18 months beginning July 1, 2009, and ending December 31, 20 I0, and until the election and qualification of a successor. (c) The judges 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. They shall be vested with all the power and authority of the judges of the state courts by Chapter 7 of Title 15 of the O.C.G.A. (d) The judges shall be full-time judges and shall be paid a salary equal to 85 percent of the base state paid salary now or hereafter paid to the judges of the Superior Court of Douglas County. Said salary shall be payable out of the funds of Douglas County at the same intervals as installments are paid to other county officers. (e) The judge of the State Court of Douglas 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 Douglas County.n
SECTION 2. This Act shall become effective July I, 2008.
GEORGIA LAWS 2008 SESSION
3847
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 2008 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Douglas County, approved April I, 1999 (Ga. L. 1999, p. 3606), so as to provide an additional judge for the State Court of Douglas County; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Hembree, who on oath deposes and says that he is the Representative from District 67 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Douglas County Sentinel which is the official organ of Douglas County on February 23, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ BILL HEMBREE Bill Hembree Representative, District 67
Sworn to and subscribed before me, this 6 day of March, 2008.
s/LAURA HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)
Approved May 13, 2008.
3848
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
DOUGLAS COUNTY- REDEVELOPMENT POWERS; REFERENDUM.
No. 596 (House Bill No. 1039).
AN ACT
To authorize Douglas County to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) ofthe 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. Douglas 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 Douglas 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 Douglas 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 Douglas County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Douglas County for approval or rejection. 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 Douglas County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which authorizes Douglas 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
GEORGIA LAWS 2008 SESSION
3849
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 Douglas 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 2008 session of the General Assembly of Georgia a bill to authorize the Douglas 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; and for the other purposes.
This 22 day of Jan 2008
Representative Roger Bruce.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roger Bruce, who on oath deposes and says that he is the Representative from District 64 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Douglas County Sentinel which is the official organ of Douglas County on January 24, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
sf ROGER BRUCE Roger Bruce Representative, District 64
3850
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 28th day of January 2008.
s/ LAURA HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)
Approved May 13, 2008.
DAWSON COUNTY- HOMESTEAD EXEMPTION; SCHOOL TAXES; SENIOR CITIZENS AND DISABLED PERSONS; REFERENDUM.
No. 597 (House Bill No. 1446).
AN ACT
To provide a homestead exemption from Dawson County school district ad valorem taxes for educational purposes in the amount of$60,000.00 ofthe assessed value of the homestead for residents of that school district who are disabled or who are 65 years of age or older and whose income does not exceed $50,000.00; 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 educational purposes" means all ad valorem taxes for educational purposes levied by, for, or on behalf of the Dawson County school district, including, but not limited to, any ad valorem taxes to pay interest on and to retire county school district bonded indebtedness. (2) "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. (3) "Income" means gross income from all sources determined pursuant to Chapter 7 of Title 48 of the O.C.G.A., as amended, for state income tax purposes.
GEORGIA LAWS 2008 SESSION
3851
(4) "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 this Act is made. (b) Each resident of the Dawson County school district who is disabled or who is a senior citizen is granted an exemption on that person's homestead from Dawson County school district ad valorem taxes for educational purposes in the amount of $60,000.00 of the assessed value ofthat homestead. The exemption under this subsection shall only be granted ifthat person's income, together with the income ofthe spouse who also occupies and resides at such homestead, does not exceed $50,000.00 for the immediately preceding year. The value of that property in excess of such exempted amount shall remain subject to taxation. (c)(l) In order to qualify for the exemption provided for in subsection (b) of this section as being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., as amended, certifying that in the opinion of such physician or physicians, such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Such certificate or certificates shall constitute part of and be submitted with the application provided for in paragraph (2) of this subsection. A person can also qualify for the exemption provided for in subsection (b) of this section as being disabled, by presenting evidence that such person has been found to be disabled by the Social Security Administration or I00 percent disabled by the Veterans Administration. (2) A person shall not receive the homestead exemption granted by subsection (b) of this section unless such person or person's agent files an application with the tax commissioner of Dawson County, giving the person's age and such additional information relative to receiving such exemption as will enable the tax commissioner of Dawson County to make a determination regarding the initial and continuing eligibility of such person for such exemption. The tax commissioner of Dawson County shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year as long as the person granted the homestead exemption under subsection (b) of this section 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 Dawson County in the event that person for any reason becomes ineligible for such exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect any state ad valorem taxes, county ad valorem taxes for county purposes, municipal ad valorem taxes for municipal purposes, or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in
3852
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
addition to and not in lieu of any other homestead exemption applicable to Dawson County school district ad valorem taxes for educational purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January I, 2009.
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Dawson County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Dawson 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 Dawson County. The ballot shall have written or printed thereon the words:
"( ) YES ( ) NO
Shall the Act be approved which provides a homestead exemption from Dawson County school district ad valorem taxes for educational purposes in the amount of $60,000.00 of the assessed value of the homestead for residents of that school district who are disabled or who are 65 years of age or older and whose income does not exceed $50,000.00?"
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 ofthe Act, Section I of this Act shall become of full force and effect on January I, 2009. If the Act is not so approved or if the election is not conducted
as provided in this section, Section I ofthis Act shall not become effective, and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Dawson 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 2008 session of the General Assembly of Georgia a bill to provide a homestead exemption from Dawson County school
GEORGIA LAWS 2008 SESSION
3853
district ad valorem taxes for educational purposes for residents ofthat school district who are 65 years or older or who are disabled; to provide for definitions; to specify the terms and conditions ofthe exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
This 7th day of March, 2008.
Representative Amos Amerson 9th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Amos Amerson, who on oath deposes and says that he is the Representative from District 9 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Dawson News and Advertiser which is the official organ of Dawson County on March 12, 2008, 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 17th day of March 2008.
sf DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 13, 2008.
3854
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
FLOYD COUNTY-HOSPITAL AUTHORITY; VACANCIES.
No. 598 (House Bill No. 776).
AN ACT
To amend an Act providing for the filling of vacancies in the membership of the Hospital Authority of Floyd County, approved March I, 1973 (Ga. L. 1973, p. 2057), as amended, so as to change certain provisions relating to the manner of filling such vacancies; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for the filling of vacancies in the membership of the Hospital Authority of Floyd County, approved March 1, 1973 (Ga. L. 1973, p. 2057), as amended, is amended by inserting a new Section 1 as follows:
'SECTION 1. Except as provided in Section 2 of this Act, each vacancy occurring in the membership of the Hospital Authority of Floyd County shall be filled by a person selected by the Floyd County Grand Jury meeting next following the occurrence of such vacancy. The hospital authority shall nominate one candidate for each such vacancy and submit the name of the candidate to the Board of Commissioners of Floyd County for its approval. Following the approval of the candidate by the county commissioners, the hospital authority shall submit to the foreman of the grand jury the name of the candidate and a certified statement of the chairman of the hospital authority indicating the board of commissioners has approved the nomination. The grand jury shall then either accept or reject the candidate by a majority vote. The foreman of the grand jury shall notify the chairman of the hospital authority of its decision. Should the grand jury reject the initial or subsequent candidates, then the hospital authority shall continue to submit another candidate for the grand jury's consideration in the same manner provided for the initial candidate until a candidate has been accepted. In the event a grand jury fails to fill a vacancy, the next succeeding grand jury shall fill such vacancy in the manner provided in this section.'
SECTION 2. Said Act is further amended by revising Section 2 as follows:
GEORGIA LAWS 2008 SESSION
3855
"SECTION 2. One member of the hospital authority shall be a member of the Board of Commissioners of Floyd County. Such member shall be selected by the board of commissioners from its own membership. The member so selected shall remain a member ofthe hospital authority during his or her term of office as a commissioner. Successors to such member shall likewise be selected by the board of commissioners from its own membership, and any vacancy occurring in the office of such member shall be filled by the board of commissioners in the same manner. In the event any such member ceases to be a member of the board of commissioners for any reason, he or she shall also cease to be a member of the hospital authority, and the vacancy thus created shall be filled as herein provided."
SECTION 3. Said Act is further amended by inserting a new Section 3 as follows:
"SECTION 3. Any member of the hospital authority who is in office on the effective date of this Act or any person selected to fill a vacancy in such office whose term of office would normally expire on December 31, 2008, shall continue to serve until such time as he or she is replaced by a member of the Board of Commissioners of Floyd County selected in the manner provided in Section 2 of this Act, and all future vacancies in such office shall be filled in the manner provided in Section 2 of this Act."
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 hereby given that there will be introduced at the regular 2007 session ofthe General Assembly of Georgia a bill to amend an Act providing for the filling of vacancies in the membership of the Hospital Authority of Floyd County, approved March 1, 1973 (Ga. L. 1973, p. 2057) as amended, so as to change certain provisions relating to the manner of filling such vacancies and for other purposes.
This 20th day of March, 2007.
Katie M. Dempsey Representative Katie Dempsey 13th District
3856
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Katie Dempsey, who on oath deposes and says that she is the Representative from District 13 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Rome News-Tribune which is the official organ of Floyd County on March 24, 2007, and that the notice requirements of Code Section 28-1-14 have been met.
s/ KATIE DEMPSEY Katie Dempsey Representative, District 13
Sworn to and subscribed before me, this March 26, 2007.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18,2009 (SEAL)
Approved May 13, 2008.
DEKALB COUNTY- TAX COMMISSIONER; VACANCIES.
No. 599 (House Bill No. 869).
AN ACT
To amend an Act to abolish the offices of tax-receiver and tax-collector ofDeKalb County, Georgia, to create the office of County Tax-Commissioner ofDeKalb County, Georgia, and for other purposes, approved August 18, 1927 (Ga. L. 1927, p. 558), as amended, so as to change certain provisions relating to the filling of vacancies for the office of tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
GEORGIA LAWS 2008 SESSION
3857
SECTION 1. An Act to abolish the offices of tax-receiver and tax-collector ofDeKalb County, Georgia, to create the office of County Tax-Commissioner ofDeKalb County, Georgia, and for other purposes, approved August 18, 1927 (Ga. L. 1927, p. 558), as amended, is amended by revising Section 5 as follows:
'SECTION 5. Be it further enacted by the authority aforesaid, that the term of office of said Tax-Commissioner shall be four years, and the first election of County Tax-Commissioner of DeKalb County shall be held at the same time and under the same laws as other county officers are now elected at the general election for county officers in the year 1928, and quadrennially thereafter, and the person elected shall enter upon the duties of the office hereby created on January 1, 1929. If a vacancy should occur then the office shall be filled by special election to be held not less than 45 days nor more than 120 days after the vacancy occurs. The person elected shall serve the remainder of the unexpired term; provided, however, that if it is not more than six months between the time such election can be held and the expiration of the existing term, the interim tax-commissioner shall discharge the duties of the office for the balance of the term, and there shall be no special election. The office shall be filled by a majority vote of the qualified voters residing in DeKalb County. If the vacancy occurs within 150 days of a scheduled general election, then the vacancy may be filled by general election. Until an election is held, the office shall be filled in the same manner as vacancies are now filled in the office oftax-collector, and the next highest ranking employee to the former tax-commissioner shall serve as the interim tax-commissioner. Any interim tax-commissioner who qualifies to run for the office of tax-commissioner shall not be designated as the incumbent on the election ballot used to fill such vacancy."
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 to abolish the offices of tax-receiver and tax-collector ofDeKalb County, Georgia, to create the office of County Tax-Commissioner ofDeKalb County, Georgia, and for other purposes, approved August 18, 1927 (Ga. L. 1927,
3858
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
p. 558), as amended, so as to change certain provisions relating to the filling of vacancies for the office of tax commissioner; to provide an effective date; and for other purposes.
This 22 day of March, 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 oflntention to Introduce Local Legislation was published in the Champion which is the official organ of Dekalb County on March 22, 2007, and that the notice requirements of Code Section 28-1-14 have been met.
s/ BILLY MITCHELL Billy Mitchell Representative, District 88
Sworn to and subscribed before me, this 18th day of April 2007.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
Approved May 13, 2008.
GEORGIA LAWS 2008 SESSION
BAINBRIDGE AREA CONVENTION AND VISITORS BUREAU AUTHORITY- CREATE.
3859
No. 600 (House Bill No. 1389).
AN ACT
To create the Bainbridge Area Convention and Visitors Bureau Authority as a public body corporate and politic, a political subdivision ofthe state, and a public corporation to have the responsibility and authority to promote tourism, conventions, and trade shows in the City of Bainbridge, Georgia; to provide for the creation and organization ofthe authority; to provide for the appointment of the directors of the authority and their terms of office, compensation, and qualifications; to provide for meetings; to provide for legislative findings and declaration of purpose; to provide for general powers; to provide for regulations; to provide for other matters relative to the foregoing and relative to the general purposes of this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Short title.
This Act shall be known and may be cited as the "Bainbridge Area Convention and Visitors Bureau Authority Act."
SECTION 2. Definitions.
As used in this Act, the term: (1) "Area" means the corporate limits of the City of Bainbridge, Georgia. (2) "Authority" means the Bainbridge Area Convention and Visitors Bureau Authority. (3) "Board" means the board of directors of the Bainbridge Area Convention and Visitors Bureau Authority. (4) "City" means the City of Bainbridge, Georgia. (5) "Special events" means events which, in the judgment of the authority, will promote tourism in the area or privately contracted functions.
3860
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 3. Creation of authority, status, tax exemption, and sovereign immunity.
(a) There is created a public body corporate and politic to be known as the Bainbridge Area Convention and Visitors Bureau Authority. The authority shall be deemed to be a political subdivision of the state and a public corporation and, by that name, may contract and be contracted with, sue and be sued, implead and be impleaded, and bring and defend actions. The authority shall be a convention and visitors bureau authority created by Act of the General Assembly for a municipality for purposes ofCode Section 48-13-61 ofthe 0 .C .G.A. and is intended to be an agency and instrumentality of the municipality and a governmental unit for purposes of Sections 103, 141, and 150 of the federal Internal Revenue Code of 1986, as amended, and, as to the municipality, is intended to be a subordinated entity for purposes of Section 265(b)(3)(E)(ii) of the federal Internal Revenue Code of 1986, as amended. The authority shall not be a state institution nor a department or agency of the state but shall be a creation of the state, having a distinct corporate identity and being exempt from the provisions of Code Section 50-17-2 of the O.C.G.A., the "Georgia State Financing and Investment Commission Act." (b) The authority shall have its principal office within the City of Bainbridge and its legal situs or residence for the purposes of this Act shall be the City of Bainbridge, Decatur County, Georgia. (c) The exercise of the powers conferred upon the authority in this Act shall constitute an essential governmental function for a public purpose. The properties of the authority, both real and personal, and the income of the authority are declared to be public properties and income used for the benefit and welfare of the people of the city and not for the purpose of private or corporate benefit; and such properties, to the extent of the authority's ownership thereof or other interest therein, and all income and obligations of the authority shall be exempt from all taxes and special assessments of the state or any city, county, or other political subdivision thereof. The authority shall have all of the exemptions and exclusions from taxes as are now granted to cities and counties for the operation of properties or facilities similar to the properties and facilities to be owned or operated, or both, by the authority. (d) The authority shall have the same immunity and exemption from liability for torts and negligence as the state, and the officers, agents, and employees of the authority, when in performance of work of the authority, shall have the same immunity and exemption from liability for torts and negligence as officers, agents, and employees of the State of Georgia. The authority may be sued the same as private corporations on any contractual obligation of the authority. Any action to protect or to enforce any rights pursuant to the provisions ofthis Act or any suit or action against the authority shall be brought in the Superior Court of Decatur County, Georgia, and any action pertaining to the validation of any bonds issued under the provisions of this Act shall likewise be brought in such court which shall have exclusive, original jurisdiction of such actions. The property of the authority shall not be
GEORGIA LAWS 2008 SESSION
3861
subject to levy and sale under legal process. The records of the authority shall be public records which are subject to Article 4 of Chapter 18 of Title 50 of the O.C.G.A. Nothing in this Act shall be construed to abridge or change the powers and duties of other authorities, departments, boards, and like agencies of the city.
SECTION 4. Directors and meetings.
(a) The board shall consist of six directors, who shall be natural persons at least 21 years of age, who shall serve one-year terms at the pleasure of the mayor and council of the City of Bainbridge. Such individuals need not reside within the corporate limits of the City of Bainbridge. The board shall consist of:
(1) The duly appointed city manager; (2) The duly appointed president of the Bainbridge-Decatur County Chamber of Commerce; (3) A presently elected city council member as appointed by the mayor; (4) A representative of the largest hotel within the city's corporate limits based on gross receipts; and (5) Two individuals operating businesses within the corporate limits of the city. (b) The board shall meet at such times as may be necessary to transact the business coming before it, but not less often than twice yearly. Either the chairperson or any two other directors together may call a special meeting of the board. Meetings of the board shall be open to the public in accordance with the laws of the State of Georgia. Written minutes of all meetings shall be kept and within ten days following every meeting, a copy of the minutes shall be furnished to the mayor and council of the city. Meetings shall be conducted in accordance with the latest version of Robert's Rules of Order. (c) At the first meeting of the board, and thereafter subsequent to yearly new appointments, the directors shall elect a chairperson and a vice chairperson from their voting members. The chairperson shall preside at meetings of the board and shall vote on all matters coming before the board. The vice chairperson shall preside at meetings in the absence of the chairperson. In the absence of both the chairperson and vice chairperson, the directors present at a meeting shall elect a temporary chairperson to preside at that meeting, so long as the chairperson and vice chairperson both remain absent from the meeting. A quorum shall consist of at least four directors ofthe board. All directors present at a meeting, including the chairperson, vice chairperson, or any other director presiding at such meeting, shall be entitled to vote on all matters which shall come before the board. No vacancy on the board shall impair the right of a quorum to exercise all the rights and perform all the duties of the authority.
3862
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 5. Purpose.
The purpose of the authority is to promote special events as well as to promote tourism, conventions, and trade shows within the area in such manner or manners contemplated by paragraph (3.4) of subsection (a) of Code Section 48-13-51 of the O.C.G.A. or any other applicable paragraph of such Code section.
SECTION 6. Duty of the authority.
It shall be the duty of the authority to promote special events as well as to promote tourism, conventions, and trade shows within the area and to operate the authority and its facilities in a fiscally responsible manner.
SECTION 7. Powers.
(a) The authority shall have all powers allowed by law and consistent with the provisions of this Act as are necessary or convenient to carry out its corporate purpose, including, without limitation, the power to:
(I) Adopt and alter a corporate seal; (2) Purchase advertising promoting special events and promoting tourism, conventions, and trade shows; (3) Encourage, solicit, promote, procure, sponsor, cosponsor, and service conventions, trade shows, and special events; (4) Lend financial support through grants, contributions, or otherwise to other governmental entities in furtherance of its corporate purpose; (5) Lend financial support through grants, contributions, or otherwise to private sector for profit and not for profit entities in furtherance of its corporate purpose, provided that the authority determines that the residents of the area shall receive a substantial benefit therefrom; (6) Conduct activities to foster better public understanding on the part of individuals and businesses of the importance of tourism and the convention and visitors industry to the economy of the city and of the area; (7) Conduct activities to encourage and to assist the cooperation between the businesses and industries servicing tourists, conventions, trade shows, and special events; (8) Engage in fundraising activities in furtherance of its corporate purpose; (9) Acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes;
GEORGIA LAWS 2008 SESSION
3863
(10) Acquire in its own name by purchase, upon such terms and conditions and in such manner as it may deem proper, real property or rights of easements therein or franchises necessary or convenient for its corporate purpose, to use the same so long as its corporate existence shall continue, to lease or make contracts with respect to the use of the same, or to dispose of same in any manner it deems to the best advantage of the authority. If the authority shall deem it expedient to acquire and construct any facility relating to tourism, conventions, trade shows, or special events on any lands, the title to which shall then be held by the State of Georgia, the Governor is authorized to convey for and in behalf of the state title to such lands to the authority upon payment to the State of Georgia for the credit of the general fund of the state of the reasonable value of such lands or upon the receipt 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 facility relating to tourism, conventions, trade shows, or special events on any lands the title to which shall then be held by the city, the county, or any other municipality incorporated in said county, the governing authority or body of the city, the county, or any of the said municipalities is authorized to convey title to such lands to the authority upon the receipt of such lawful consideration as may be determined by the parties to such conveyance or upon payment for the credit of the general funds of said county or municipalities of the reasonable value of such lands, such value to be determined by mutual consent of said county or municipality and the chairperson of the authority; (ll) Appoint, select, and employ an executive director, officers, agents, and employees and independent consultants, including, but not limited to, engineering, architectural, and construction experts, fiscal agents, auditors, economists, and attorneys, and fix their respective compensations; and delegate to the executive director the authority and responsibility necessary to administer properly the day-to-day business of the authority within policies set by the board and subject to its review. The powers delegated to the executive director may, at the election of the board, include the making of recommendations as to the hiring and termination of other employees and their compensation, the management of the authority's offices and properties, the making of budget recommendations, and the hiring of independent consultants; (12) Appoint an advisory committee and other committees of persons from the public and private sectors without regard to their places of residence; (13) Make contracts of every kind and character; and, without limitation, any and all persons, firms, and corporations and the state and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable; and, without limiting the generality of the above, the authority and the city shall be permitted to enter into the following:
(A) Contracts under which hotel-motel taxes collected by the city are paid to and expended by the authority as contemplated by paragraph (3.4) of subsection (a) of Code Section 48-13-5 l of the O.C.G.A., or any other applicable paragraph under such law;
3864
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(B) Contracts under which the authority purchases administrative and financial management services from the city to be performed by personnel at the city"s cost, which shall include the costs of payroll, employee benefits, supplies, and overhead reasonably allocable to the performance of such services; and (C) Lease contracts relating to leases ofreal property, personal property, or both real and personal property; (14) Accept loans and grants of money or materials or property of any kind from the United States or any agency or instrumentality thereof upon such terms and conditions as the United States or such agency or instrumentality may impose; (15) Accept loans and grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political division thereof upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may impose; (16) Borrow money for any of its corporate purposes and to execute evidences of such indebtedness and to secure the same and to issue and validate revenue bonds pursuant to the provisions of Code Section 36-82-60 of the O.C.G.A., et seq., the "Revenue Bond Law," to pay the project costs ofany one or more facilities relating to tourism, conventions, trade shows, or special events payable solely from funds pledged for that purpose, and to refund such revenue bonds. Such facilities shall be owned by the authority and may be operated by the authority, leased by the authority in whole or in part under true leases, which shall be known as operating leases, or operated by others pursuant to one or more management contracts. Revenues of the authority including, but not limited to, revenues derived by it from such facilities and revenues derived from hotel-motel taxes received from the city may be pledged to the payment of debt service on such revenue bonds and other evidences of indebtedness of the authority; (17) Sell, lease, grant, exchange, or otherwise dispose of any property, both real and personal, or interest therein; ( 18) Sue and be sued in contract and in tort and complain and defend in all courts; (19) Advise and recommend plans to other public and private sector entities for the promotion of tourism, conventions, trade shows, and special events; (20) Conduct studies and develop plans for improving tourism in the area; (21) Receive and disburse public funds appropriated by the city, including, but not limited to, revenues derived from the hotel-motel tax collected by the city; and receive and disburse funds from private sources and other revenues which may be received from time to time which would assist in the accomplishment of its corporate purpose; and (22) Do all things necessary or convenient to accomplish its corporate purposes and to exercise any power permitted by the laws of this state to be exercised by private corporations which will further the authority" s ability to accomplish such purpose, so long as the exercise of such power is not in conflict with the Constitution or laws of this state. (b) The powers enumerated in each paragraph of subsection (a) of this section are cumulative of and in addition to those powers enumerated in the other paragraphs of
GEORGIA LAWS 2008 SESSION
3865
subsection (a) of this section and any other powers elsewhere in this Act or which may reasonably be inferred from the provisions of this Act.
SECTION 8. Bylaws.
The authority may, by affirmative vote of a majority of all directors, adopt and amend bylaws to govern the authority, its employees, and its operation.
SECTION 9. Budget.
The authority shall prepare an annual budget to be submitted to the city and shall file all appropriate expenditure reports with the city and the state.
SECTION 10. Liability limited.
Neither the directors of the authority nor any person executing notes, leases, or other agreements or obligations on behalf of the authority shall be personally liable thereon by reason of such execution.
SECTION 11. City not bound.
The authority shall have no power or authority to bind the city by any contract, agreement, financial obligation, indebtedness, or otherwise; and no contract, agreement, financial obligation, or indebtedness incurred by the authority shall ever be a claim or charge against the city; provided, however, that both the authority and the city shall be bound to each other by contracts, agreements, financial obligations, or indebtedness between themselves.
SECTION 12. Oversight.
The city council shall be authorized to inspect at its pleasure the state and condition of the authority, its properties, and all books and records pertaining to the authority and its affairs, and the authority shall give the city council such books and records and furnish it with assistance in making such inspections.
3866
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 13. Dissolution.
Should the authority, for any reason, be dissolved after full payment of all indebtedness previously incurred, both as to principal and interest, title to all property of any kind and nature, real and personal, held by the authority at the time of such dissolution shall be conveyed to the city; or title to any such property may be conveyed prior to such dissolution in accordance with provisions which may be made therefor in any resolution or trust instrument relating to such property, subject to any liens, leases, or other encumbrances outstanding against or in respect to such property at the time of such conveyance.
SECTION 14. Repealer.
All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2008 session of the General Assembly of Georgia a bill to create the Bainbridge Area Convention and Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility and authority to promote tourism, conventions, and trade shows in the City of Bainbridge, Georgia; to provide for the creation and organization ofthe authority; to provide for the appointment of the directors of the authority and their terms of office, compensation, and qualifications; to provide for meetings; to provide for legislative findings and declaration of purpose; to provide for general powers; to provide for regulations; to provide for other matters relative to the foregoing and relative to the general purposes of the Act; 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 ofDecatur County on March I, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ GENE MADDOX Gene Maddox Representative, District 172
GEORGIA LAWS 2008 SESSION
Sworn to and subscribed before me, this 4th day of March 2008.
sf DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 13, 2008.
3867
CITY OF RINCON- HOMESTEAD EXEMPTION; CITY TAXES; BASE YEAR; REFERENDUM.
No. 601 (House Bill No. 998).
AN ACT
To provide a short title; to provide for a homestead exemption from City of Rincon 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 adjusted base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "City of Rincon Carter-Bums Act."
SECTION 2. (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 Rincon, including, but not limited to, ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Base year" means:
(A) For those persons who are receiving a homestead exemption on January I, 2009, the 2008 taxable year; or
3868
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(B) For those persons applying for a homestead exemption on and after January I, 2009, 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 in the event a reassessment of the homestead causes the actual assessed value of that homestead to be increased, the governing authority of the City of Rincon, or the designee thereof, shall adjust the base year assessed value by the lesser of three percent; the percentage change in the Consumer Price Index as reported by the United States Department of Labor Bureau of Labor Statistics; or the actual percentage increase in the actual assessed value. (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)(I) Each resident of the City of Rincon is granted an exemption on that person's homestead from City of Rincon 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 adjusted 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. (2) In all other cases, the unremarried surviving spouse of the deceased spouse who has been granted the exemption provided for in paragraph (I) of this subsection shall continue to receive the exemption provided under paragraph (I) of this subsection, so long as that unremarried surviving spouse continues to occupy the home as a residence and homestead. (c) Those persons receiving homestead exemptions on January I, 2009, shall automatically receive the homestead exemption granted by subsection (b) ofthis section. For a person who is not receiving a homestead exemption on January I, 2009, such 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 Rincon, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Rincon, 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 Rincon, 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
GEORGIA LAWS 2008 SESSION
3869
subsection (b) of this section to notify the governing authority of the City of Rincon, 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, 2009.
SECTION 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Rincon 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 Rincon for approval or rejection. The municipal 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 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 Effingham County. The ballot shall have written or printed thereon the words:
"( ) YES ( ) NO
Shall the Act entitled the "City of Rincon Carter-Burns Act" be approved which provides a homestead exemption from City of Rincon 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 adjusted base year assessed value of such homestead?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 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, Section 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 Rincon. 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.
3870
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2008 session of the General Assembly of Georgia a bill to provide for a homestead exemption from City of Rincon 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 adjusted base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws and for other purposes.
This 7th day of January 2008
Representative Earl Carter 15 9th 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 January 15, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
sf EARL L. CARTER Earl L. Carter Representative, District 159
Sworn to and subscribed before me, this 22nd day of January, 2008.
sf DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 13,2008.
GEORGIA LAWS 2008 SESSION
3871
DAWSON COUNTY- HOMESTEAD EXEMPTION; COUNTY TAXES; SENIOR CITIZENS AND DISABLED PERSONS; REFERENDUM.
No. 602 (House Bill No. 1445).
AN ACT
To provide a homestead exemption from Dawson County ad valorem taxes for county purposes in the amount of $60,000.00 of the assessed value of the homestead for residents of that county who are disabled or who are 65 years of age or older and whose income does not exceed $50,000.00; 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 county purposes" means all ad valorem taxes for county purposes levied by, for, or on behalf of Dawson County, including, but not limited to, any 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 not more than five contiguous acres of homestead property. (3) "Income" means gross income from all sources determined pursuant to Chapter 7 of Title 48 of the O.C.G.A., as amended, for state income tax purposes. (4) "Senior citizen" means a person who is 65 years of age or older on or before January I of the year in which application for the exemption under subsection (b) of this section is made. (b) Each resident of Dawson County who is disabled or who is a senior citizen is granted an exemption on that person's homestead from Dawson County ad valorem taxes for county purposes in the amount of $60,000.00 of the assessed value of that homestead. The exemption under this subsection shall only be granted if that person's income, together with the income of the spouse who also occupies and resides at such homestead, does not exceed $50,000.00 for the immediately preceding year. 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 as being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under
3872
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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. A person can also qualify for the exemption provided for in subsection (b) of this section as being disabled, by presenting evidence that such person has been found to be disabled by the Social Security Administration or I 00 percent disabled by the Veterans Administration. (2) A person shall not receive the homestead exemption granted by subsection (b) of this section unless such person or persons agent files an application with the tax commissioner of Dawson County, giving the person's age, income, and such additional information relative to receiving such exemption as will enable the tax commissioner of Dawson County to make a determination regarding the initial and continuing eligibility of such person for such exemption. The tax commissioner of Dawson County shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year as long as the person granted the homestead exemption under subsection (b) of this section 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 Dawson County in the event that person for any reason becomes ineligible for such exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect any state ad valorem taxes, county or independent school district ad valorem taxes for educational purposes, or municipal ad valorem taxes for municipal purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to Dawson 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, 2009.
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Dawson County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Dawson County 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 ofthe election to be published once a week for two weeks immediately preceding the date thereof
GEORGIA LAWS 2008 SESSION
3873
in the official organ of Dawson County. The ballot shall have written or printed thereon the words:
"( ) YES ( ) NO
Shall the Act be approved which provides a homestead exemption from Dawson County ad valorem taxes for county purposes in the amount of $60,000.00 of the assessed value of the homestead for residents of that county who are disabled or who are 65 years of age or older and whose income does not exceed $50,000.00?"
All persons desiring to vote for approval ofthe Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section I of this Act shall become of full force and effect on January I, 2009. 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 Dawson 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 2008 session of the General Assembly of Georgia a bill to provide a homestead exemption from Dawson County ad valorem taxes for county purposes for residents of that county who are 65 years or older or 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, effective dates; and automatic repeal; to repeal conflicting laws; and for other purposes.
This 7th day of March, 2008.
Representative Amos Amerson 9th District
3874
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 and Advertiser which is the official organ of Dawson County on March 12, 2008, 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 17th day of March 2008.
sf DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 13, 2008.
DAWSON COUNTY- BOARD OF ELECTIONS AND REGISTRATION; PLACE OF MEETINGS.
No. 603 (House Bill No. 1427).
AN ACT
To amend an Act creating a board of elections and registration in Dawson County, approved April23, 1998 (Ga. L. 1998, p. 4680), so as to change certain provisions related to the place ofmeetings; 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 2008 SESSION
3875
SECTION 1. An Act creating a board of elections and registration in Dawson County, approved April23, 1998 (Ga. L. 1998, p. 4680), is revised by amending subsection (a) of Section 13 as follows:
'(a) The board shall fix and establish by appropriate resolution and enter on its minutes the directives governing the execution of matters within its jurisdiction. The board shall hold regular monthly meetings at the principal office of the Dawson County Board of Elections and Registration or at the place of meetings 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 such meeting has been communicated in writing to the person designated by the commissioners to provide public information. All meetings of whatever kind of the board shall be open to the public.'
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.
A BILL TO BE ENTITLED AN ACT To amend an Act creating a board of elections and registration in Dawson County, approved April23, 1998 (Ga. L. 1998, p. 4680), so as to change certain provisions related to the place ofmeetings; 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!. An Act creating aboard of elections and registration in Dawson County, approved April23, 1998 (Ga. L. 1998, pg. 4680), is revised by amending subsection (a) of Section 13 as follows: (a) The board shall fix and establish by appropriate resolution and enter on its minutes the directives governing the execution of matters within its jurisdiction. The board shall hold regular monthly meetings at the principal office of the Dawson County Board of Elections and Registration or at the place of meetings of the commissioners. Any specialty called meetings held pursuant to the bylaws adopted by the board shall be held only after notification of the time and place of such meeting has been communicated in writing to the person designated by the commissioners to provide public information. All meetings of whatever kind of the board shall be open to the public.
3876
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2008 session of the General Assembly of Georgia a bill to amend an Act creating a board of elections and registration in Dawson County, approved April23, 1998 (Ga. L. 1998, p. 4680), and for other purposes.
This__day__, __.
Representative Amos Amerson 9th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Amos Amerson, who on oath deposes and says that he is the Representative from District 9 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Dawson News and Advertiser which is the official organ of Dawson County on February 27,2008, 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 6th day of March 2008.
sf LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)
Approved May 13, 2008.
GEORGIA LAWS 2008 SESSION
DEKALB COUNTY- HOMESTEAD EXEMPTION; SCHOOL TAXES; REFERENDUM.
3877
No. 604 (Senate Bill No. 516).
AN ACT
To provide a homestead exemption from DeKalb County School District ad valorem taxes for educational purposes in the amount of $2,500.00 of the assessed value ofthe homestead for certain residents of that school district in each taxable year in which a sales and use tax for educational purposes is imposed and collected in such school district for any portion of that year pursuant to Article VIII, Section VI, Paragraph IV of the Constitution; 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. For purposes of 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 DeKalb County School District, including but not limited to taxes to pay interest on and to retire school bond indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A.
SECTION 2. (a) Each resident of the DeKalb County School District is granted an exemption on that person's homestead from all DeKalb County School District ad valorem taxes for educational purposes in the amount of$2,500.00 of the assessed value of that homestead in each taxable year in which a sales and use tax for educational purposes is imposed and collected in such school district for any portion of that year pursuant to Article VIII, Section VI, Paragraph IV of the Constitution. The value of that property in excess of such exempted amount shall remain subject to taxation. (b) A person shall not receive the homestead exemption granted by subsection (a) of this section unless the person or person's agent files an affidavit with the tax commissioner of DeKalb County giving such information relative to receiving such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose.
3878
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 3. The tax commissioner of DeKalb County or the designee thereof shall provide application forms for the exemption granted by this Act and shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption.
SECTION 4. The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper affidavit as provided in subsection (b) of Section 2 of this Act, it shall not be necessary to make application and file such affidavit thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under this Act to notify the tax commissioner of DeKalb County or the designee thereof in the event that person for any reason becomes ineligible for that exemption.
SECTION 5. The exemption granted by this Act shall not apply to or affect any state taxes, county taxes for county purposes, municipal taxes, or independent school district taxes. The homestead exemption granted by this Act shall be in addition to and not in lieu of any other homestead exemption applicable to DeKalb County School District ad valorem taxes for educational purposes.
SECTION 6. The exemption granted by this Act shall apply to all taxable years beginning on or after January I, 2008.
SECTION 7. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of DeKalb County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the DeKalb County School District for approval or rejection. The election superintendent shall conduct that election on the date ofthe July, 2008, state-wide general primary and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of DeKalb County. The ballot shall have written or printed thereon the words:
GEORGIA LAWS 2008 SESSION
3879
"( ) YES ( ) NO
Shall the Act be approved which reenacts the homestead exemption from DeKalb County School District ad valorem taxes for educational purposes in the amount of $2,500.00 of the assessed value of the homestead for residents ofthat school district in each taxable year in which a sales and use tax for educational purposes is imposed and collected in such school district for any portion of that year pursuant to Article VIII, Section VI, Paragraph IV of the Constitution?"
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 through 6 shall become of full force and effect on immediately. If the Act is not so approved or if the election is not conducted as provided in this section, Sections I through 6 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 DeKalb County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 8. Except as otherwise provided in Section 7 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 9. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2008 session of the General Assembly of Georgia a bill to provide a homestead exemption from DeKalb County School District ad valorem taxes for educational purposes in the amount of$2,500.00 ofthe assessed value of the homestead for certain residents of that school district in each taxable year in which a sales and use tax for educational purposes is imposed and collected in such school district for any portion of that year pursuant to Article VIII, Section VI, Paragraph IV of the Constitution; 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 13th day of February, 2008.
Senator Steve Henson 41st District
3880
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 Newspaper which is the official organ ofDeKalb County on February 21,2008, and thatthe notice requirements ofCode Section 28-1-14 have been met.
sf STEVE HENSON Steve Henson Senator, District 41
Sworn to and subscribed before me, this 22nd day of February 2008.
sf DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 13, 2008.
DOUGLAS COUNTY- BOARD OF ELECTIONS AND REGISTRATION; CREATE.
No. 605 (House Bill No. 1437).
AN ACT
To create a board of elections and registration for Douglas 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 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 repeal an Act creating a
GEORGIA LAWS 2008 SESSION
3881
board of elections for Douglas County, approved April 9, 1984 (Ga. L. 1984, p. 5270); to provide for submission 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 ofElections and Registration ofDouglas County, hereinafter referred to as "the board." The board shall have the powers, duties, and responsibilities of the superintendent of elections of Douglas County under Chapter 2 of Title 21 of the O.C.G .A., the "Georgia Election Code," currently being exercised by the board of elections of Douglas County, and the powers, duties, and responsibilities of the board of registrars of Douglas 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 ofDouglas County, and "county" means Douglas County.
SECTION 3. (a) The board shall be composed of five members, each of whom shall be an elector and resident of the county and who shall be appointed as provided in this section. (b) One member of the board shall be appointed by the chairperson of the county executive committee of the political party which received the highest number of votes within the state for members of the General Assembly at the last general election immediately preceding the appointment of such member. One member of the board shall be appointed by the chairperson of the executive committee of the political party whose candidates received the next highest number of votes within the state for members of the General Assembly in the general election immediately preceding the appointment of such member. 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. One member shall be appointed by the chairperson of the county governing authority. One member shall be appointed by the county governing authority. One member shall be appointed by the chief judge of the superior courts of the Douglas Judicial Circuit. (c) The initial member appointed by the chairperson of the governing authority, the initial member appointed by the county governing authority, and the initial member appointed by the chiefjudge shall serve for terms of four years and until their successors are appointed and qualified. The initial members appointed by the chairpersons of the executive committees
3882
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of the political parties shall serve for terms of two years and until their successors are appointed and qualified. Thereafter, all members of the board of elections and registration shall be appointed for terms of four years and until their successors are appointed and qualified. (d) The appointment of each member shall be made by the respective appointing authority filing an affidavit with the clerk of the superior court no later than 30 days preceding the date at which such member is to take office stating the name and residential address of the person appointed and certifying that such member has been duly appointed as provided in this Act. The clerk of the superior court shall record each of such certifications on the minutes of the court and shall certify the name of each member to the Secretary of State and shall provide for the issuance of appropriate commissions to the members and chairperson within the same time and in the same manner as provided by law for registrars. (e) Each member of the board shall be eligible to succeed himself or herself for one term following the completion of one four-year term, not including any time served under an interim appointment pursuant to subsection (f) of this section. Each member of the board shall have the right to resign at any time by giving written notice of his or her resignation to the respective appointing authority and to the clerk of the superior court. Each member of the board shall be subject to removal from the board at any time for cause, after notice and a hearing, and in the same manner and by the same authority as provided for removal of registrars. (f) In the event that a vacancy occurs in the office of any member before the expiration of his or her term by removal, death, resignation, or otherwise, the respective appointing authority shall appoint a successor to serve the remainder of the unexpired term. The clerk of the superior court shall be notified of interim appointments and record and certify such appointment in the same manner as the regular appointment of members. (g) The first members of the board under this Act shall take office on July I, 2008. Before entering upon his or her duties, each member shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest.
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 Douglas County and must be registered voters in Douglas County.
SECTION 5. (a) The county governing authority shall employ a full time election supervisor to administer and supervise the conduct of elections and primaries and the registration of electors of the county and such other employees as the governing authority of Douglas County shall
GEORGIA LAWS 2008 SESSION
3883
approve. The election supervisor shall generally supervise, direct, and control the administration of the affairs of the board of elections and registration pursuant to law and duly adopted resolutions of the board. (b) The county governing authority shall appoint the election supervisor who shall serve for a period of four years and until his or her successor is appointed and qualified. The election supervisor shall be subject to removal at any time for cause, after notice and a hearing, and in the same manner and by the same authority as provided for the removal of registrars. (c) The current election superintendent shall act as election supervisor until an election supervisor is retained or appointed as provided in this section.
SECTION 6. Compensation for the members ofthe board, election supervisor, clerical assistants, and other employees shall be fixed by the governing authority of Douglas County. Such compensation shall be paid wholly from county funds.
SECTION 7. The governing authority of Douglas 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 Douglas County deems appropriate.
SECTION 8. (a) The board shall be authorized to organize itself, to elect its officers, determine its procedural rules and regulations, adopt bylaws, specify the functions and duties of its employees, and otherwise take such action as is appropriate 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 first chairperson of the board of elections and registration shall be the first member appointed by the chairperson of the governing authority; thereafter, the board shall elect one of its members to serve as chairperson at the pleasure of the board. (b) The board shall fix and establish, by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. The board shall hold regular meetings. Any specially called meeting shall be called by the chairperson or any three members of the board. The board shall maintain a written record of policy decisions amended to include additions or deletions. Such written records shall be made available for the public to review.
SECTION 9. The board of commissioners of Douglas County shall through its legal counsel cause this Act to be submitted for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended, and such submission shall be made to the United States Department of Justice
3884
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 10. This Act shall become effective on 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, 2008. Upon this Act becoming fully effective, the board of elections ofDouglas County and the board of registrars ofDouglas County shall be relieved ofall 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. Effective July I, 2008, the board ofregistrars of Douglas County shall be abolished. Effective July I, 2008, the board of elections of Douglas County shall be abolished and an Act creating a board of elections for Douglas County, approved April9, 1984 (Ga. L. 1984, p. 5270), is repealed.
SECTION 11. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2008 session of the General Assembly of Georgia a bill to create the Douglas County Board of Elections and Registration, and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Hembree, who on oath deposes and says that he is the Representative from District 67 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Douglas County Sentinel which is the official organ of Douglas County on March 7, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
sf BILL HEMBREE Bill Hembree Representative, District 67
GEORGIA LAWS 2008 SESSION
Sworn to and subscribed before me, this 11th day of March 2008.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 13, 2008.
3885
TOWN OF TYRONE- CHARTER REVISIONS.
No. 606 (House Bill No. 1448).
AN ACT
To amend an Act to repeal and replace the charter of the Town of Tyrone in Fayette County, approved April 17, 1975 (Ga. L. 1975, p. 3876), as amended, so as to change certain provisions regarding the charter; to change the provisions relating to the specific powers of the Town of Tyrone; to provide for matters related to the governing ofthe Town of Tyrone; 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 repeal and replace the Charter of the Town of Tyrone, approved April 17, 1975 (Ga. L. 1975, p. 3876), as amended, is amended by striking subsection (a) of Section 1.103 and inserting the following:
'(a) The boundaries of the Town of Tyrone shall be those existing on the effective date of this charter with such alterations as may be made from time to time in the manner provided by law. The current boundaries of the Town of Tyrone, 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 town clerk and to be designated as the case may be: 'Map (or Description) of the Corporate Limits of the Town of Tyrone, Georgia.' Alterations in these boundaries shall be indicated by appropriate entries upon or additions to such map or description. Such entries or additions shall be made under the direction of the mayor. Photographic, typed, or other copies of such map or description certified by the mayor shall be admitted in evidence in all courts and shall have the same force and effect as with the original map or description.'
3886
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2. Said Act is further amended by striking subsection (g) of Section 1.104 and inserting in its place the following:
"(g) To condemn property, inside or outside the corporate limits of the town, for present or future use and for any corporate purpose deemed necessary by the governing authority, under Code Sections 22-1-8 and 22-2-21 of the O.C.G.A, Article 2 of Chapter 2 of Title 22 of the O.C.G.A., or under other applicable laws, as are or may be enacted."
SECTION 3. Said Act is further amended by striking subsection (I) of Section 1.104 and inserting in its place the following:
"(I) 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, sewers, drains, airports, hospitals, and charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities, and any other public improvements, inside or outside the corporate limits of the town, and to regulate the use thereof, and for such purposes, property may be acquired by condemnation under Title 22 or Title 32 of the O.C.G.A. or other applicable laws, as are or may be enacted."
SECTION 4. Said Act is further amended by striking subsection (u) of Section 1.104 and inserting in its place the following:
"(u) To regulate the emission of smoke, dust, sand, or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the town."
SECTION 5. Said Act is further amended by striking subsection (ff) of Section 1.104 and inserting in its place the following:
"(ff) To provide that persons given jail sentences in the municipal court shall work out such sentence in any public works or services or on the streets, roads, drains, and squares in the town; or to provide for commitment of such persons to any county work camp or jail by agreement with the appropriate county officials."
SECTION 6. Said Act is further amended by striking subsection (a) of Section 2.101 and inserting in its place the following:
"(a) The legislative authority of the Town of Tyrone shall be vested in a town council to be composed of a mayor and four councilmembers. The mayor and councilmembers shall be elected in the manner provided by Article V of this charter. For the purpose of electing
GEORGIA LAWS 2008 SESSION
3887
councilmembers, positions on the council shall be numbered as Posts I through 4. The terms of office of the mayor and councilmembers shall be four years and until their successors are elected and qualified."
SECTION 7. Said Act is further amended by striking Section 2.106 of said Act and inserting in its place the following:
sECTION 2.106. Inquiries and investigations. Following the adoption of an authorizing resolution, the mayor and council may make inquiries and investigations into the affairs of the town and the conduct of any department, office, or agency thereofand for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the council shall be punished as provided by ordinance."
SECTION 8. Said Act is further amended by adding a new section to read as follows:
sECTION 2.108. Manner of election. All elections for town offices shall be nonpartisan. Political parties shall not conduct primaries for town offices and all names of candidates for town offices shall be listed without party designations. The person receiving a plurality of the votes cast shall be elected.
SECTION 9. Said Act is further amended by striking subsection (a) of Section 2.201 and inserting in its place the following:
'(a) During the last meeting of each election year, or as otherwise provided, the council shall hold a special meeting at which the oath of office shall be administered to the mayor-elect and newly elected councilmembers as follows:
'I do solemnly swear (or affirm) that I will faithfully perform all the duties of (mayor or councilmember, as the case may be) of the town; 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 a 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 not an officer or employee of the Town of Tyrone, Georgia; that I am otherwise qualified to hold this office according to the Constitution and laws of Georgia; that I am a resident of the place required by law; and that I will support the Constitution of the United States and the State of Georgia.'
3888
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 10. Said Act is further amended by striking Section 2.204 and inserting in its place the following:
'SECTION 2.204. Quorum; voting. The mayor 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, but any member of the council shall have the right to request a roll-call vote. A minimum of three votes shall be required for the adoption of any ordinance, resolution, or motion. The mayor shall vote only in the event of a tie vote."
SECTION 11. Said Act is further amended by striking subsection (b) of Section 2.205 and inserting in its place the following:
(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. The clerk shall read the heading of the ordinance, shall distribute a copy to the mayor, and shall file a copy in the office of the clerk."
SECTION 12. Said Act is further amended by striking subsection (a) of Section 2.206 and inserting in its place the following:
'(a) The 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 excepted that (I) the requirements of Section 2.207 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 adoption 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 2.207 of this charter."
SECTION 13. Said Act is further amended by striking subsection (a) of Section 2.207 and inserting in its place the following:
'(a) The clerk shall authenticate by his or her signature and record in full in a properly indexed book kept for the purpose all ordinances adopted by the council. Every ordinance shall be signed by the mayor as a matter of course after final adoption and stamped with the town seal. Each ordinance shall also be approved as to form by the town attorney and shall be signed by the town attorney to indicate such approval."
GEORGIA LAWS 2008 SESSION
3889
SECTION 14. Said Act is further amended by striking Section 3.102 and inserting in its place the following:
'SECTION 3.102. Terms; qualifications; compensation. The mayor shall be elected for a term of four years and until his or her successor is elected and qualified. The mayor shall have attained the age of 21 years prior to the date of the election and shall have been a resident of the Town of Tyrone for a period of at least 12 months immediately preceding his or her election. He or she shall continue to reside in the Town of Tyrone during the period of his or her service. The mayor shall receive such annual salary as shall be fixed by the town council which shall not be reduced during the term for which he or she shall have been appointed or elected. The mayor shall also receive compensation for any actual and necessary expenses incurred in the performance of his or her duties of office as provided in Section 2.1 04.'
SECTION 15. Said Act is further amended by striking paragraph (4) of subsection (a) of Section 3.103 and inserting in its place the following:
'(4) Prepare and submit to the council a recommended annual operating budget and recommended capital improvement program;'
SECTION 16. Said Act is further amended by striking Section 3.104 of said Act and inserting in its place the following:
'SECTION 3.104. Mayor pro tempore. During the absence or disability of the mayor for any cause, the mayor pro tempore, or in his or her absence or disability for any reason, any one of the councilmembers chosen by the council, shall be clothed with all the rights and privileges of the mayor and shall perform the duties of the office of the mayor as long as such absence or disability shall continue. Notwithstanding any provisions in this charter to the contrary, in the event that it is necessary for the mayor pro tempore to assume the role of mayor in order to preside over meetings of the council, the mayor pro tempore shall be entitled to vote.'
SECTION 17. Said Act is further amended by striking Section 3.203 of said Act and inserting in its place the following:
3890
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"SECTION 3.203. Town attorney.
The mayor shall appoint with approval of council a town attorney for a term of one year. The town attorney shall be responsible for representing and defending the town in all litigation in which the town is part; shall advise the council, mayor, and other officers and employees of the town concerning legal aspects of the town's affairs; and shall approve as to form and legality all contracts, deeds, bonds, ordinances, resolutions, and motions as requested by the mayor or council. The town attorney is not a public official of the town and does not take an oath of office. The town attorney shall at all times be an independent contractor. A law firm, rather than an individual, may be designated as town attorney."
SECTION 18. Said Act is further amended by adding a new section to read as follows:
"SECTION 3.205. Town clerk.
The council shall appoint a town clerk who shall not be a councilmember. The town clerk shall be custodian of the official town seal and town records, maintain town council records required by this charter, and perform such other duties as may be required by the town council."
SECTION 19. Said Act is further amended by striking Section 3.30 I and inserting in its place the following:
"SECTION 3.301. Personnel policies. The council shall adopt rules and regulations consistent with this charter concerning personnel policies as may be necessary for adequate and systematic handling ofthe personnel affairs of the Town of Tyrone. All employees serve at will and may be removed from office at any time unless otherwise provided by ordinance."
SECTION 20. Said Act is further amended by striking subsection (a) of Section 4.104 and inserting in its place the following:
"(a) The municipal court shall try and punish crimes against the Town of Tyrone and 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 ten days in jail. Unless a lesser penalty is provided by ordinance, the judge shall have the power to impose fines, costs, and forfeitures for the violation of any law or ordinance, of the Town of Tyrone passed in accordance with this charter, to an amount not to exceed $1,000.00 for each offense, to imprison offenders for a period of not more than 12 months for each
GEORGIA LAWS 2008 SESSION
3891
offense, or sentence offenders to labor on the roads and streets or other public works ofsaid town for not more than 12 months for each offense or any one or more of these punishments in the discretion of the judge."
SECTION 21. Said Act is further amended by striking subsection (c) of Section 4.104 and inserting in its place the following:
'(c) The municipal court shall have the 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 appearance of persons charged with violations. All cash bonds shall be immediately deposited with the court clerk and not retained by the arresting officer. Whenever any person shall give bail for his or her appearance and shall fail to appear at the time fixed for trial, his or her bond shall be forfeited by the judge presiding at such time, and an execution issued thereon by serving the defendant and his or her sureties with a rule nisi, at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and if such defendant fails to appear at the time and placed fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the Town of Tyrone or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for town property taxes."
SECTION 22. Said Act is further amended by striking Section 5.101 and inserting in its place the following:
'SECTION 5.101. Applicability of general laws. The procedures and requirements for election of all elected officials of the Town of Tyrone as to primary, special, or general elections shall be in conformity with the provisions of Title 21 of the O.C.G .A., as now or hereafter amended. The town shall maintain its own system of registration of electors. The procedure for the registration of electors, preparation of electors lists, and the maintenance of such lists and system of such registration shall be as is provided for in subsection (c) of Code Section 21-2-212 of the O.C.G.A."
SECTION 23. Said Act is further amended by striking Section 5.102 and inserting in its place the following:
'SECTION 5.102. Qualifying; nomination and election of candidates; absentee ballots. Consistent with state law, the council may, by ordinance, prescribe rules and regulations governing qualifying fees, nomination of candidates, absentee ballots, write-in votes,
3892
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
challenge of votes, purging of registration lists, and such other rules and regulations as may be necessary for the conduct of elections in the Town of Tyrone.'
SECTION 24. Said Act is further amended by striking Section 5.103 and inserting in its place the following:
"SECTION 5.103. Vacancies.
If the office of mayor or any councilmember shall become vacant for any cause whatsoever, said vacancy in office shall be filled by the majority vote of the remaining members of the council, by appointment, until the next municipal general election for mayor or that post at which election a successor shall be elected, provided that the vacancy does not exceed 12 months. Should the vacancy period exceed 12 months, then a special election shall be called to determine the person who shall fill the unexpired term, with said election to be in compliance with this charter and Titles 21 and 45 of the O.C.G.A. or other applicable laws as are or may be enacted. In cases of filling more than one vacancy, where the remaining officials do not constitute a quorum, the requirement of a quorum shall be dispensed with for the purpose of filling vacancies in accordance with this section only, Section 2.204 of this charter notwithstanding. The qualifications of candidates shall conform to the applicable provisions of this charter and Title 21 of the O.C.G.A., as now or hereafter amended."
SECTION 25. Said Act is further amended by striking Section 6.102 and inserting in its place the following:
"SECTION 6.102. Tax levy.
The council shall be authorized to levy an ad valorem tax on all real and personal property within the corporate limits of the town for the purpose of raising revenues to defray the costs ofoperating the town government, providing governmental services, building up reserves for capital improvements, and for any other public purpose as determined by the council in its discretion. The ad valorem tax shall not exceed 15 mills on each dollar of taxable value. The council is also authorized to provide for sufficient levy to pay principal and interest on general obligations.'
SECTION 26. Said Act is further amended by striking Section 6.105 and inserting in its place the following:
"SECTION 6.105. Occupational taxes; regulatory fees; excise taxes. The council by ordinance shall have full power to levy such occupation taxes upon those businesses and practitioners of professions and occupations which have one or more
GEORGIA LAWS 2008 SESSION
3893
locations or offices within the corporate limits, as the council may deem expedient for the public health, safety, benefit, convenience, or advantage of the town; to also levy such occupation taxes upon those businesses or practitioners ofprofessions and occupations which have one or more employees or agents who exert substantial efforts within the corporate limits for the purpose of soliciting business or serving customers and clients or which own personal or real property which generates income and which is located within the corporate limits, provided that said business or practitioner does not perform a larger volume of said business or service within the limits of any other local government authorized to levy occupation taxes; to classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful; to impose regulatory fees on businesses and practitioners of professions and occupations doing business within the corporate limits; to compel the payment of such taxes or fees by execution or any other lawful manner; and to make Jaws and regulations necessary or proper to carry out the powers herein conferred and to prescribe penalties for the violation thereof. The council shall have full power and authority to levy an excise tax not prohibited by general law. Such excise tax shall include, but is not limited to, a tax on insurance policies of town residents and a telephone tax.'
SECTION 27. Said Act is further amended by striking Section 6.204 of said Act and inserting in its place the following:
"SECTION 6.204. Revenue bonds. Revenue bonds may be issued by the council as provided in Article 3 of Chapter 82 of Title 36 of the O.C.G.A. or as otherwise provided by Jaw.'
SECTION 28. Said Act is further amended by striking Section 6.209 and inserting in its place the following:
"SECTION 6.209. Public hearing.
After receiving the budget from the mayor, the council shall fix a time and place for a public hearing thereon and shall cause a public notice thereof to be published once in the official town newspaper at least ten days in advance of the date of the hearing. Said notice shall be published during the week the proposed budget is submitted by the mayor to the council and shall advise the residents of the town of the availability of the proposed budget and of the date of the public hearing. The public hearing shall be held before the council at the stated time and place, and all persons present shall be given an opportunity to be heard. Said public hearing shall be held at least one week prior to the meeting of the council at which the adoption of the proposed budget shall be considered.'
3894
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 29. Said Act is further amended by striking subsection (b) of Section 6.215 and inserting in its place the following:
n(b) The council may sell or convey, or both, any real or personal property owned or held by the town for governmental or other purposes. All sales of municipal property shall be made to the highest responsible bidder, either by sealed bids or by auction after notice has been given. The town shall have the right to reject any and all bids or to cancel any proposed sale or auction. The town shall cause notice to be published once in the official organ of Fayette County or in the official legal organ of the Town of Tyrone, not less than 15 days nor more than 60 days preceding the last day for the receipt of proposals. The legal notice shall include a general description of the property to be sold if the property is personal property or a legal description of the property to be sold if the property is real property. If the sale is by sealed bids, the notice shall also contain an invitation for proposals and shall state the conditions of the proposed sale, the address at which bid blanks and other written materials connected with the proposed sale may be obtained, and the date, time, and place for the opening of the bids. If the sale is by auction, the notice shall also contain the conditions of the proposed sale and shall state the date, time, and place of the proposed sale. Bids received in connection with a sale by sealed bidding shall be opened in public at the time and place stated in the legal notice. All such bids shall be retained and kept available for public inspection for a period of not less than 60 days from the date on which such bids are opened. Notwithstanding any provisions contained in this subsection to the contrary, the town shall not be required to make sales in the open market, shall not be required to advertise, and shall not be required to accept bids if the property sought to be sold is personal property with an estimated value of $500.00 or less or is a lot from any municipal cemetery which the town at any time may hold. Nothing in this subsection shall prevent the town from trading or exchanging real property belonging to the town for other real property where the property so acquired by exchange shall be of equal or greater value than the property previously belonging to the town; provided, however, that within six weeks preceding the closing of any such proposed exchange of real property, a notice of the proposed exchange of real property shall be published in the official organ of the town once a week for four weeks. The value of both the property belonging to the town and that to be acquired through the exchange shall be determined by appraisals, and the value so determined shall be approved by the town council.n
SECTION 30. Said Act is further amended by striking subsection (d) of Section 6.215 and inserting in its place the following:
'(d) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the town, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the town, the council may authorize the mayor to execute and deliver in the name of the town a deed conveying said cut-off or separated
GEORGIA LAWS 2008 SESSION
3895
parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place or in settlement of any alleged damages sustained by said abutting or adjoining property owner. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the town has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. Notwithstanding any provisions contained in this subsection to the contrary, the town shall comply with any disposition of property requirements imposed by Title 36 of the O.C.G.A. and those requirements otherwise imposed by this charter."
SECTION 31. Said Act is further amended by striking Section 7.105 and inserting in its place the following:
"SECTION 7.105. Eminent domain. The council is hereby empowered to acquire, construct, build, 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 any other public improvements inside or outside the town and to regulate the use thereof and, for such purposes, property may be taken under Title 22 and Title 32 of the O.C.G.A., subject to such amendments as shall be enacted, or any other applicable laws, as are now or may hereafter be enacted."
SECTION 32. Said Act is further amended by striking Section 7.I 06 and inserting in its place the following:
"SECTION 7.106. Power to regulate. The council shall have the power and authority to provide by ordinance for the registration ofand imposition of regulatory fees on any trade, business, occupation, vocation, profession, or any and every other undertaking pursued for the purpose of personal gain or profit of whatever nature engaged in or carried on within the limits of the Town of Tyrone, regardless whether or not the subject has an office or establishment within said town. The council shall be authorized to fix the amount, terms, and manner of registering such businesses, professions, or occupations and imposing such fees, provided that this authority is subject to the Constitutions and laws of the United States and the State of Georgia. This power is conferred for the purpose of regulation under the police powers of the town and for the purpose of raising revenue for the operation ofthe town government through the imposition of a tax or fee on the privilege of operating within the town. This authority extends over
3896
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
individuals, partnerships, associations, and corporations and their agents and any other legal entity capable of transacting business.'
SECTION 33. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION To amend an Act to repeal and replace the charter of the Town of Tyrone in Fayette County, approved April 17, 1975 (Ga. L. 1975, p. 3876), as amended, so as to change certain provisions regarding the charter; to change the provisions relating to the specific powers of the Town of Tyrone; to provide for matters relating to the government of the Town of Tyrone; to amend certain provisions relating to the condemnation of property, the acquisition, construction, building, operation, and maintenance of public ways, parks, playgrounds, recreational facilities, cemeteries, markets and market houses, and other public buildings and infrastructure, the terms of office of the mayor and council persons, inquiries and investigations by the Town, the manner of election, voting by the mayor and councilpersons, the mayor pro tern, the town attorney, the town clerk, personnel policies, the qualification, nomination, and election of candidates and filing of vacancies, tax levies, ad valorem taxes, occupational taxes, regulatory fees, excise taxes, revenue bonds, and public hearings; to provide for related matters; to repeal conflicting laws; and for other purposes.
This II th day of March, 2008.
Patrick A. Stough Assistant Town Attorney Town of Tyrone
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 Fayette Daily News which is the official organ of Fayette County on March 12, 2008, and that the notice requirements ofCode Section 28-1-14 have been met.
s/ VIRGIL FLUDD Virgil Fludd Representative, District 66
GEORGIA LAWS 2008 SESSION
3897
Sworn to and subscribed before me, this 13th day of March 2008.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 13,2008.
DEKALB COUNTY- CHIEF EXECUTIVE OFFICER AND COUNTY COMMISSION; POWERS AND DUTIES; REFERENDUM.
No. 607 (Senate Bill No. 52).
AN ACT
To amend an Act revising, superseding, and consolidating the laws relating to the governing authority ofDeKalb County, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by an Act establishing the form of government ofDeKalb County and fixing the powers and duties of the officers constituting the governing authority of DeKalb County, approved April9, 1981 (Ga. L. 1981, p. 4304), as amended, so as to change the provisions relating to the authority of the chief executive officer to preside over meetings of the county commission and vote in certain instances; to change the provisions relating to the authority of the chief executive officer to set the agenda for meetings of the county commission; to provide for related matters; to provide for a referendum; 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 revising, superseding, and consolidating the laws relating to the governing authority ofDeKalb County, approved March 8, 1956 (Ga. L. 1956, p. 323 7), as amended, particularly by an Act establishing the form of government ofDeKalb 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 adding a new paragraph (20) to subsection (a) of Section 9 of the 1981 amendatory Act (Ga. L. 1981, p. 4304) to read as follows:
3898
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
'(20) To prepare an agenda for meetings ofthe Commission. The commission shall accept agenda items by the chief executive officer upon motion by any commissioner to be placed upon the agenda, pursuant to the rules by which an item may be placed on the agenda by a member of the commission.'
SECTION 2. Said Act is further amended by striking subsections (a) and (c) of Section II of the 1981 amendatory Act (Ga. L. 1981, p. 4304) in their entirety and inserting in lieu thereof new subsections (a) and (c) to read as follows:
'(a) The chief executive shall have no vote at any regular or specially called meeting of the commission unless the members of the commission are equally divided. Even when the members of the commission are equally divided, the chief executive may not vote on a matter which is not subject to veto by said officer under the provisions of subsection (d) of Section 15 of this Act.' '(c) The Presiding Officer shall preside at meetings of the Commission and shall have the following additional duties:
(1) To convene such special meetings of the Commission as are deemed necessary, but all members shall be notified at least three days in advance of any such special meeting; (2) To appoint the members and chairpersons of such committees of the Commission as the Commission, by its rules, may establish and fill vacancies therein, but any such appointments may be rejected by a majority vote of the total membership of the Commission; (3) To compel the attendance of members at meetings of the Commission by subpoena, if necessary, subject to the policy of the Commission as established by its rules; and (4) To exercise such other powers and duties as may be assigned to the Presiding Officer by ordinance or rules and regulations of the Commission.'
SECTION 3. Said Act is further amended by striking subsection (I) of Section 13 of the 1981 amendatory Act (Ga. L. 1981, p. 4304) in its entirety which reads as follows:
'(I) The Chief Executive shall issue calls for agenda items and shall prepare and publish a listing of those items and the same shall serve as the agenda for the Commission unless superseded by the Commission.'
SECTION 4. Said Act is further amended by revising Section 20 as follows:
'Section 20. Records; minutes. The Commission shall appoint a clerk who shall be the clerk of the Chief Executive and the Commission and shall keep a proper and accurate book of minutes wherein shall appear all the acts, orders, and proceedings of the Commission, in chronological order, and a similar book of minutes wherein shall appear, in chronological order, all acts, orders, and proceedings of the Chief Executive. The
GEORGIA LAWS 2008 SESSION
3899
minute books of the Chief Executive and the Commission shall be open to public inspection at all times during the regular office hours, and certified copies of any entries therein shall be furnished by the said clerk to any person requesting same upon payment of a reasonable fee, to be paid into the county treasury as other funds, to be assessed by the Commission in an amount sufficient to defray the cost of preparing same. In addition, the clerk shall manage the agenda for meetings of the Commission and perform such other duties as the Commission may direct."
SECTION 5. Unless otherwise prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of DeKalb County shall call and conduct a special election for the purpose of submitting this Act to the electors of DeKalb County for approval or rejection. The election superintendent shall conduct that election on a practicable date in 2008 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 earlier is impracticable, then the election superintendent shall conduct the election under this Act on the Tuesday after the first Monday in November, 2008. The election superintendent 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 Shall the Act be approved which provides for the presiding officer to ( ) NO preside over meetings of the DeKalb County Commission and for the commission to establish its own agenda for such meetings?"
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 the approval of the Act, Sections 1, 2, 3, and 4 of this Act shall become of full force and effect on the first day of January immediately following such election. If the Act is not approved or if the election is not conducted as provided in this section, Sections 1, 2, 3, and 4 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 DeKalb County. It shall be the duty of the election superintendent of DeKalb County to certify the results thereof to the Secretary of State.
SECTION 6. Except as otherwise provided in Section 5 of this Act, this Act shall become effective upon its approval by the Governor or its becoming law without such approval.
3900
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE 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 revisiting, superseding, and consolidating the laws relating to the governing authority of DeKalb County, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by 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, so as to change the provisions relating to the authority of the chief executive officer to preside over meetings of the county commission and vote in certain instances; to change the provisions relating to the authority ofthe chief executive officer to set the agenda for meetings of the county commission; to provide for related matters; to provide for a referendum; to provide an affective date; to repeal conflicting laws; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Emanuel D. Jones, who on oath deposes and says that he is the Senator from District I0 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 January 18,2007, and that the notice requirements of Code Section 28-1-14 have been met.
s/ EMANUEL D. JONES Emanuel D. Jones Senator, District 10
Sworn to and subscribed before me, this 23rd day of January, 2007.
s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18,2009 (SEAL)l
Approved May 13,2008.
GEORGIA LAWS 2008 SESSION
3901
EFFINGHAM COUNTY- HOMESTEAD EXEMPTION; COUNTY TAXES; BASE YEAR; REFERENDUM.
No. 608 (House Bill No. 1001).
AN ACT
To provide a short title; to provide for a homestead exemption from Effingham County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "Effingham County Carter-Bums Act."
SECTION 2. (a) As used in this Act, the term:
(1) "Ad valorem taxes for county purposes" means all ad valorem taxes for county purposes levied by, for, or on behalf of Effingham County, including, but not limited to, any ad valorem taxes to pay interest on and to retire county bonded indebtedness. (2) "Base year" means:
(A) For those persons who are receiving a homestead exemption on January 1, 2009, the 2008 taxable year; or (B) For those persons applying for a homestead exemption on and after January 1, 2009, 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 in the event a reassessment of the homestead causes the actual assessed value ofthat homestead to be increased, the tax commissioner shall adjust the base year assessed value by the lesser of three percent; the percentage change in the Consumer Price Index as reported by the United States Department of Labor Bureau of Labor Statistics; or the actual percentage increase in the actual assessed value. (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)(1) Each resident of Effingham County is granted an exemption on that person's homestead from Effingham County ad valorem taxes for county purposes in an amount
3902
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
equal to the amount by which the current year assessed value of that homestead exceeds the adjusted base year assessed value of the homestead. This exemption shall not apply to taxes assessed on improvements to the homestead or additional land that is added to the homestead after January I of the base year. If any real property is removed from the homestead, the base year assessed value shall be adjusted to reflect such removal and the exemption shall be recalculated accordingly. The value of that property in excess of such exempted amount shall remain subject to taxation. (2) The unremarried surviving spouse of the deceased spouse who has been granted the exemption provided for in paragraph (I) of this subsection shall continue to receive the exemption provided under paragraph (I) of this subsection so long as that unremarried surviving spouse continues to occupy the home as a residence and homestead. (c) Those persons receiving homestead exemptions on January 1, 2009, shall automatically receive the homestead exemption granted by subsection (b) ofthis section. For a person who is not receiving a homestead exemption on January 1, 2009, such person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or persons agent files an application with the tax commissioner of Effingham County giving such information relative to receiving such exemption as will enable the tax commissioner to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The tax commissioner of Effingham County shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G .A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the tax commissioner of the county in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county or independent school district ad valorem taxes for educational purposes, or municipal ad valorem taxes for municipal purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to county ad valorem taxes for county purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January I, 2009.
SECTION 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Effingham County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Effingham County for approval or rejection. The election superintendent shall conduct that election on the date of
GEORGIA LAWS 2008 SESSION
3903
the November, 2008, state-wide general election and shall issue the call and conduct that election as provided by general law. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Effingham County. The ballot shall have written or printed thereon the words:
"( ) YES ( ) NO
Shall the Act entitled the "Effingham County Carter-Bums Act" be approved which provides a homestead exemption from Effingham 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?"
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 2 ofthis 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 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 Effingham 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 2008 session of the General Assembly of Georgia a bill to provide for a homestead exemption from Effingham County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
This 7th day of January 2008
Representative Earl Carter !59th District
3904
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Earl L. Carter, who on oath deposes and says that he is the Representative from District 159 and further deposes and says that the attached Notice oflntention to Introduce Local Legislation was published in the Effingham Herald which is the official organ of Effingham County on January 15, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ EARL L. CARTER EarlL. Carter Representative, District 159
Sworn to and subscribed before me, this 22nd day of January, 2008.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 13, 2008.
COOSAWATTEE REGIONAL WATER AND SEWERAGE AUTHORITY- CREATE.
No. 609 (House Bill No. 801).
AN ACT
To create the Coosawattee Regional Water and Sewerage Authority; to provide for legislative intent; to provide for definitions; to provide for a board; to provide for certain powers; to provide for the limitation of certain powers; to provide for certain services to members ofthe water and sewerage authority; to require bonds from contractors; to provide certain requirements regarding contracts with the water and sewerage authority; to authorize the issuance of revenue bonds; to provide for the forms, denominations, registration, and placement of bonds; to require signature and seal on all bonds; to provide for the negotiability of bonds; to provide for certain exemptions from taxation; to provide for the sale and price of bonds; to provide for certain requirements for the proceeds of bonds; to
GEORGIA LAWS 2008 SESSION
3905
provide for interest receipts and certificates or temporary bonds; to provide for the replacement of lost or damaged bonds; to provide for certain requirements prior to issuing bonds; to provide that a member entity of the water and sewerage authority shall not pledge its credit for bonds; to provide trust indenture as security for bonds; to provide for the payment of the proceeds of sale ofbonds; to provide for a sinking fund; to provide for certain remedies for bondholders under certain circumstances; to provide for the refunding of bonds under certain circumstances; to provide for venue and jurisdiction; to provide for validation of bonds pursuant to Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, "The Revenue Bond Law"; to provide for the protection of the bondholders' interest; to provide that moneys received be considered trust funds; to provide authority to modify rates, fees, or charges; to provide for rules and regulations; to provide for financial statements and audit reports; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Short title.
This Act shall be known and may be cited as the "Coosawattee Regional Water and Sewerage Authority Act."
SECTION 2. Legislative intent.
The General Assembly recognizes, supports, and encourages comprehensive regional planning in anticipation ofgrowth in the utilization ofregional water resources. The General Assembly supports the concept that each member entity should be free to plan and determine its own growth strategy in the utilization of its share of regional water resources as well as to plan for other infrastructure growth in conjunction with community needs and standards. The General Assembly intends for the authority created by this Act to assist in the planning, implementation, and management on a regional basis of the water resources of its participating members and strongly encourages regional planning for a growth strategy to ensure that water resources will be efficiently and effectively utilized by each of the authority's members.
SECTION 3. Coosawattee Regional Water and Sewerage Authority.
There is created a body corporate and politic, to be known as the Coosawattee Regional Water and Sewerage Authority, which shall be deemed to be a political subdivision of the
3906
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
State of Georgia 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.
SECTION 4. Purpose of the water and sewerage authority.
Without limiting the generality ofany provisions ofthis Act, the general purpose ofthe water and sewerage authority is declared to be that of acquiring and developing adequate sources of water supply, including, but not limited to, the construction of reservoirs; the treatment of such water, and the transmission of such water within the Coosawattee River Basin area to the various counties, municipalities, and public authorities located therein; and the collection and treatment of waste water from the counties, municipalities, and public authorities within the Coosawattee River Basin area. It is recognized that water resources are finite, and that water conservation shall be encouraged by this water and sewerage authority, the member entities, and all water users within the area. It is a further objective of the water and sewerage authority to fulfill its purposes and perform its projects in an environmentally sensitive manner and to strictly limit interbasin transfers of water.
SECTION 5. Definitions.
(a) As used in this Act, the term: (1) "Board" means the governing body of the water and sewerage authority created in Section 6 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, and interest prior to and during construction and for one year after completion of construction; the cost of compliance with environmental regulations and environment protection; the cost of engineering, architectural, and legal expenses; the cost of plans and specifications; the cost of water conservation programs and activities; 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; and the cost of 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 part of the cost of the project 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.
GEORGIA LAWS 2008 SESSION
3907
(3) "Interbasin transfers" means the delivery by whatever means of any treated or untreated water outside the drainage basins which exist within the boundaries of Gilmer County, Gordon County, Murray County, and Pickens County. (4) "Member entity" means the City of Calhoun, City of Chatsworth, Pickens County, and the Ellijay-Gilmer County Water & Sewerage Authority unless the governing authority of any such entity has adopted a resolution, at any time, declaring that such entity shall not be a member under this Act. Such withdrawal by any member from the water and sewerage authority shall not affect any previously incurred obligations with respect to the issuance of or payment of any bonds, certificates, or other obligations of the water and sewerage authority. (5) "Project" means and includes the planning, design, acquisition, construction, and management of reservoirs, the acquisition of real property surrounding the reservoirs including watershed areas and all necessary and usual water facilities useful for obtaining one or more sources ofwater supply including ground water sources; the treatment ofwater and the transmission and sale of water to wholesale users, including counties, municipalities, the public authorities for the purpose of resale, inside and outside the territorial boundaries of the member entities; water conservation and environmental mitigation; and the management, operation, maintenance, additions, improvements, and extensions of such facilities so as to ensure water utility systems deemed by the water and sewerage authority to be necessary or convenient for the efficient operation of such undertaking. The term "project" shall also include the acquisition of real property for and the planning, design, and construction of waste-water treatment facilities for the purpose ofcollecting and treating waste water from counties, municipalities, and public authorities; the management, operation, maintenance, additions, improvements, and extensions of such facilities; and all things incident to the foregoing deemed by the water and sewerage authority to be necessary or convenient to ensure adequate waste-water facilities and the efficient operation of such facilities. (6) "Public authority" means any governmental entity which is created by the laws of this state, which is designated as an authority, and which provides services or facilities to the public. (7) "Revenue bonds" and "bonds" mean revenue bonds, certificates, and other obligations of the water and sewerage 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," as amended, and such type of obligations may be issued by the water and sewerage authority as authorized under said article. In addition, such items shall also mean obligations of the water and sewerage authority the issuance of which is specifically provided for in this Act. (8) "Site county" means any county within which the water and sewerage authority causes to be located a reservoir or any facility or improvement for which property is acquired, by condemnation or purchase, in fee simple. (9) "Transmission" means the conveying of raw or treated water from any facility of the water and sewerage authority to any member entity or other city, county, or public
3908
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
authority for the purposes of resale to end users of such water or wholesale purchasers of such water and does not include conveyance of water to ultimate users. (I 0) "Water and sewerage authority" means the Coosawattee Regional Water and Sewerage Authority created by Section 3 of this Act. The water and sewerage authority shall take action through its board. (b) Any project shall be deemed self-liquidating if, in the judgment of the water and sewerage authority, the revenues and earnings to be derived by the water and sewerage authority from such project 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 costs of such project or projects.
SECTION 6. Composition of the board.
(a) The water and sewerage authority shall be governed by a board which shall exercise all powers and duties of the water and sewerage authority. The board shall manage the operations of the water and sewerage authority and shall perform such other functions that may be provided for or authorized by law. (b) The board of the water and sewerage authority shall be composed of the following members having a total of nine votes:
(I) One board member shall be the chief elected officer from each of the following: City of Calhoun, City of Chatsworth, Pickens County, and the chairperson ofthe Ellijay-Gilmer County Water and Sewerage Authority, unless such official notifies the governing authority, or board, as the case may be, that such official does not wish to serve on the board, in which event that governing authority, or board, shall appoint one if its members to serve on the board in place of that chief elected official or board chairperson. Each member selected to the board pursuant to this paragraph shall have one vote. (2) One board member shall be appointed by the governing authority of each member city, county, or authority. The member appointed pursuant to this paragraph may be an elected official, employee, consultant, or citizen as determined by the governing authority. Each board member appointed by the governing authority of the city, county, or authority must reside within a member city or county or receive service from the member authority or have a principal place of business within the boundary of a county or city which receives service from the member water and sewerage authority. Each member appointed to the board pursuant to the paragraph shall have one vote. (3) One board member shall be appointed by the previously identified eight members of the board. The board member appointed by the eight members of the board may, but is not required to, reside within a member city or county or receive service from the member authority. The member appointed to the board pursuant to this paragraph shall have one vote.
GEORGIA LAWS 2008 SESSION
3909
(c) The regular terms of elected officials, or water and sewerage authority board chairperson, appointed to the board shall be concurrent with their terms of office. Board members appointed pursuant to paragraphs (2) and (3) of subsection (b) of this section shall serve four-year terms. The initial terms of the four members appointed pursuant to paragraph (I) are staggered as follows: the initial member appointed by the City of Calhoun shall have a term of one year; the initial member appointed by the City of Chatsworth shall have a term of two years; the initial member appointed by Pickens County shall have a term of three years; the initial member appointed by the Ellijay-Gilmer County Water and Sewerage Authority shall have a term of four years. Vacancies on the board shall be filled in the same manner as the original appointment to the position vacated. (d) A majority of the total votes of the members of the board shall constitute the quorum necessary for a meeting of the board. It shall require a majority of the quorum present to approve matters coming before the board, except that the following matters shall require a majority of the total votes of the board plus one additional vote: purchases or contracts in excess of an amount established by the board; authorization for the issuance of bonds; acquisition of property by condemnation; and the employment or removal of the executive director. The board members shall elect a chairperson and vice chairperson from among its members and shall also elect a secretary-treasurer who need not be a member of the board. (e) Members of the board shall serve on the board with compensation to be determined by the bylaws enacted by the board and may be reimbursed by the water and sewerage authority for their actual expenses properly incurred in the performance of their duties. (f) The board is authorized to enact bylaws to govern its meetings, attendance and the removal of members for nonattendance, voting, quorum and voting requirements, and other matters relating to the conduct of its affairs not inconsistent with the provisions of this Act. (g) The board shall meet on at least a quarterly basis. Notice of regular meetings shall be published at least one week prior to the scheduled date in a newspaper of general circulation within the jurisdiction of each member.
SECTION 7. Powers.
The water and sewerage authority is authorized to: (I) Have a seal and alter the seal at its pleasure; (2) 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) 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
3910
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
by the board to be to the best advantage of the water and sewerage authority, the water and sewerage 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 water and sewerage authority and to the owners of the property to be condemned, and no property shall be acquired under the provisions ofthis 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) Appoint, select, and employ an executive director and other officers, agents, and employees, including engineering, architectural, construction, and lake management experts, fiscal agents, attorneys, and other professionals, and fix their respective compensation; (5) 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 water and sewerage 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, public authorities, and the water and sewerage authority to enter into contracts, lease agreements, or other undertakings relative to the furnishing and sale of wholesale water facilities and related services by the water and sewerage authority to such municipal corporations, counties, and public authorities, or relative to the furnishing of water facilities and services by municipal corporations, counties, corporations, or individuals to the water and sewerage authority for a term not exceeding 50 years and to enter into contracts, lease agreements, or other undertaking relative to the collection and treatment of waste water, waste-water treatment facilities, and related services by the water and sewerage authority to such municipal corporations, counties, and public authorities or relative to the furnishing of waste water treatment facilities and services by municipal corporations, counties, corporations, or individuals to the water and sewerage authority for a term not exceeding 50 years; (6) Plan, design, construct, erect, acquire, own, lease, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the water and sewerage 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; (7) 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
GEORGIA LAWS 2008 SESSION
3911
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) Borrow money for any of its corporate purposes, to issue revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; (9) 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) Purchase policies of insurance as may be deemed appropriate for its corporate purposes; (11) Apply for and accept any and all local, state, or federal permits necessary and convenient for its corporate purposes; (12) Appoint a technical advisory group or such other committees as circumstances might require; and (13) Do all things necessary or convenient to carry out the powers expressly given in this Act.
SECTION 8. Limitation of powers.
(a) The water and sewerage authority: ( 1) Shall not obligate any member entity to issue or guarantee revenue bonds, nor shall the water and sewerage authority bind the member entity to any capital indebtedness contract until that member entity has approved such issuance or guarantee of an indebtedness contract or revenue bonds by official action or vote as may be required by law; (2) Shall not give preferential rate treatment to any member entity and shall maintain uniform rates for comparable service for each member entity. This provisions shall not impair the ability of member entities to reduce or increase the uniform rate between and among themselves in the event one member provides an enhancement to the water supply, including, but not limited to, treatment or transmission of such water; (3) Consistent with and subject to all state and federal laws and regulations, shall provide for stream withdrawal rights among member entities prior to the funding of any reservoir project; and (4) Shall, consistent with and subject to all state and federal laws and regulations, strictly limit interbasin transfers of water and shall provide that except in the event of a bona fide water emergency, any proposed interbasin transfer of water resources shall be offered to all member entities in proportion to their respective rights to the water pursuant to intergovernmental agreements. Upon such an offer, the member entities shall have 90 days to consider said offer and, if accepted, an additional 90 days to commence the acquisition of the water before it may be transferred outside the basin. The sale from one member entity to another shall be at the uniform rate established for the sale of water to member entities by the water and sewerage authority. Member entities shall have the right to waive
3912
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
their right of first refusal. Interbasin transfers in a bona fide water emergency shall be allowed provided they are limited to 60 days in any calendar year and are approved by the member entities. (b) The member entities shall not sell or transmit the water resources of the water and sewerage authority outside ofthe geographical boundaries ofthe member entities unless such water resource capacity is first offered to all member entities in proportion to their respective rights to the water pursuant to intergovernmental agreements. Upon such an offer, the member entities shall have 90 days to consider said offer and, if accepted, an additional 90 days to commence the acquisition of the water before it is sold outside the geographical boundaries of the member entities. The sale from one member entity to another shall be at the uniform rate established for the sale of water to member entities by the water and sewerage authority. Member entities shall have the right to waive their right of first refusal. (c) The provisions of paragraph (4) of subsection (a) and of subsection (b) of this section shall not apply to water lines and water customers of the member entities in existence as of the effective date of this Act.
SECTION 9. Services to member entities.
The water and sewerage authority is authorized to provide water services and facilities, waste-water services and facilities, or both water and waste-water services and facilities to each member entity so long as such entity remains a member entity, in accordance with policies of the water and sewerage authority and agreements among the member entities. Such services and the costs for same shall be delineated in intergovernmental agreements between the water and sewerage authority and member entities.
SECTION 10. Procurement of goods and services.
The water and sewerage 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 11. Contractors to give bond.
The water and sewerage authority shall adopt regulations and requirements for bonds from contractors who are awarded contracts by the water and sewerage authority as are reasonable and necessary and consistent with requirements of state law.
GEORGIA LAWS 2008 SESSION
SECTION 12. Authority members not to be interested in contracts.
3913
The water and sewerage authority is prohibited from entering into a contract for the purchase of goods, property, or services with any individual who serves on the board of the water and sewerage authority or who is that individual's employer, partner, principal, agent, servant, or employee, nor shall the water and sewerage authority enter into any contract in which such individual is financially interested, directly or indirectly. No individual who serves on the board nor that individual's partner, employer, principal, agent, servant, or employee shall enter into any contract with the water and sewerage authority or sell to the water and sewerage authority any goods, property, or service; provided, however, that this section shall not apply to goods or services purchased from any public utility which is regulated by the Georgia Public Service commission, nor to goods or services purchased from any county, municipal corporation, public authority, or this state. Any contract made in violation of this section shall be void.
SECTION 13. Revenue bonds.
The water and sewerage 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 water and sewerage 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 water and sewerage authority for the purposes 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 25 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 exceeding 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 water and sewerage authority in the resolution providing for the issuance of the bonds.
SECTION 14. Revenue bonds; form; denominations; registration; place of payment.
The water and sewerage authority shall determine the form of the bonds and shall fix the interest rates, denomination or denominations of the bonds, and the place or places of payment of principal and interest thereof, which may be at any bank or trust company inside or outside the state. The bonds may be issued in bearer or registered form, or both, as the water and sewerage 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.
3914
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 15. Revenue bonds; signatures; seal.
In case any officer whose signature or facsimile signature shall appear on any bonds or on any coupons 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 board and the official seal of the water and sewerage authority shall be fixed thereto or imprinted thereon and attested by the secretary of the board, and any coupons attached thereto shall bear the signature or facsimile signature of the chairperson of the board. Any coupon may bear the facsimile signature of such person and any bond may be signed, sealed, and attested on behalf of the water and sewerage 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 persons may not have been so authorized or shall not have held such office.
SECTION 16. Revenue bonds; negotiability; exemption from taxation.
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 this state. Such bonds and the income thereof shall be exempt from all taxation within this state. The water and sewerage authority shall be exempt from sales and use tax.
SECTION 17. Revenue bonds; sale; price.
The water and sewerage authority may sell such bonds in such manner and for such price as it may determine to be in the best interest of the water and sewerage 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 ofthe 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 18. Revenue bonds; proceeds of bonds.
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
GEORGIA LAWS 2008 SESSION
3915
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 19. Revenue bonds; interest receipts and certificates or temporary bonds.
Prior to the preparation of definitive bonds, the water and sewerage authority may issue interim receipts, interim certificates, or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issue of the latter.
SECTION 20. Revenue bonds; replacement of lost or mutilated bonds.
The water and sewerage authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost.
SECTION 21. Revenue bonds; conditions precedent to issuance; object of issuance.
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 water and sewerage 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 water and sewerage authority by its board members at any meeting where a quorum is present and voting requirements are met.
SECTION 22. Revenue bonds; credit not pledged.
Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt ofthis state, any county or municipality thereof, or any public authority except the water and sewerage 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 water and sewerage 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
3916
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 23. Revenue bonds; trust indenture as security.
In the discretion of the water and sewerage authority, any issue of such revenue bonds may be secured by a resolution or a trust indenture by and between the water and sewerage authority and a corporate trustee, which may be any foreign or domestic trust company or bank having the powers of a trust company. Such resolution or trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the water and sewerage 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 water and sewerage 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 and satisfactory to the original purchasers of the bonds issued therefor and may also require that the security given by contractors and by any depository 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 24. Revenue bonds; to whom proceeds of bonds shall be paid.
In the resolution providing for the issuance of revenue bonds or in the trust indenture, the water and sewerage authority shall provide for the payment ofthe proceeds of the sale of the bonds to any officer or person who, or any agency, bank, or trust company which, shall act
GEORGIA LAWS 2008 SESSION
3917
as trustee, custodian, or depository of such funds and shall hold and apply the same to the purposes of which such bonds were issued, subject to such regulations as this Act and such resolution or trust indenture may provide.
SECTION 25. Revenue bonds; sinking fund.
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 water and sewerage authority to the payment of the principal and interest on revenue bonds ofthe water and sewerage 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 shall be pledged to and charged with the payments 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 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 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 26. Revenue bonds; remedies of bondholders.
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 ofthe 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 water and sewerage authority or any officer thereof, including the faxing, charging, and
3918
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished.
SECTION 27. Revenue bonds; refunding bonds.
The water and sewerage authority is authorized to provide by resolution of its board for the issuance of revenue refunding bonds of the water and sewerage authority for the purpose of refunding any revenue bonds issued under this Act then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities, all other details thereof, and the duties of the water and sewerage authority with respect to the same shall be governed by the foregoing provisions of this Act insofar as the same may be applicable.
SECTION 28. Revenue bonds; venue and jurisdiction.
Any action to protect or enforce any rights under this Act or any suit or action against the water and sewerage authority and any action pertaining to validation of any bonds issued under this Act shall be brought in any superior court with jurisdiction over a member entity which shall have exclusive jurisdiction of such actions.
SECTION 29. Revenue bonds; validation.
Bonds of the water and sewerage authority shall be confirmed and validated in accordance with the procedure of Article 3 ofChapter 82 ofTitle 36 ofthe 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 ofGeorgia which has contracted with the water and sewerage authority for furnishing or receiving the services and facilities of the water or waste-water systems 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 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 ofthe water and sewerage authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with any municipality, county, public authority, subdivision, or instrumentality contracting with the water and sewerage authority.
GEORGIA LAWS 2008 SESSION
SECTION 30. Revenue bonds; interest of bondholders protected.
3919
While any of the bonds issued by the water and sewerage authority remain outstanding, the powers, duties, or existence of the water and sewerage authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds, and no other entity, department, agency, or public authority shall be created which will compete with the water and sewerage authority to such an extent as to affect adversely the interests and rights of the holders of such bonds, nor shall the state itself so compete with the water and sewerage authority. The provisions of this Act shall be for the benefit of the water and sewerage authority and the holders of any such bonds and, upon the issuance of bonds under the provisions ofthis Act, shall constitute a contract with the holders of such bonds.
SECTION 31. 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 revenues, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.
SECTION 32. Rates, changes, and revenues; use.
The water and sewerage 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 acquisition, construction, reconstruction, improvement, betterment, or extension of the water or waste-water utility systems and to pledge to the punctual payment of said bonds and interest thereon all or any part of the revenues of such undertakings or projects, including the revenues of improvements, betterments, or extensions subsequently made to the systems.
SECTION 33. Rules and regulations for operation of projects.
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 water transmission and waste-water services and facilities shall be furnished.
3920
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 34. Financial statements and audit reports.
(a) The Authority shall establish a fiscal year, which may be a calendar year, for its operation and, as soon as practicable after the end ofeach fiscal year, the water and sewerage authority shall cause to be prepared and printed a report and financial statement of the water and sewerage authority's operations for the fiscal year just ended and of its assets and liabilities. A copy of such report shall be sent to the governing authority of each member entity and additional copies shall be made available for distribution to the general public on written requests therefor. (b) The water and sewerage authority shall appoint in due time each year a firm of independent certified public accountants as auditors who shall examine the books, records, and accounts of the water and sewerage authority for the purpose of auditing and reporting upon its financial statement for such year. The report of such auditors shall be appended to such financial statement. (c) Whenever the water and sewerage authority deems it necessary or advisable, it shall be authorized to employ a firm or firms of qualified engineers or other such professionals to survey the condition of the water and sewerage authority's facilities and operations from an engineering, operational, or environmental standpoint and to make a report thereof together with its recommendations for improvement in its physical facilities and operating procedures. A copy of such report shall be sent to the governing authority of each member entity, and additional copies shall be made available for distribution to the general public on written requests therefor.
SECTION 35. Exemption from taxes.
It is found, determined, and declared that the creation of the water and sewerage authority and the carrying out of its corporate purposes are in all respects for the benefits of the people of this state and constitute a public purpose and that the water and sewerage authority will be performing an essential governmental function in the exercise of the powers conferred upon it by this Act. The water and sewerage 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 water and sewerage authority.
GEORGIA LAWS 2008 SESSION
3921
SECTION 36. Powers declared supplemental and additional.
The foregoing sections of this Act shall be deemed to provide an additional and alternative method for doing the things authorized by this Act, shall be regardedas supplemental and additional to powers conferred by other laws, and shall not be regarded as being in derogation of any powers now existing.
SECTION 37. Liberal construction of Act.
This Act, being for the welfare of various political subdivisions of the state and its inhabitants, shall be liberally construed to effect the purposes hereof.
SECTION 38. Powers of counties and municipalities.
This Act does not in any way take from member entities or any adjoining county the authority to own, operate, and maintain water or waste-water 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 39. 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 create the Coosawattee Regional Water and Sewerage Authority; to authorize the issuance of revenue bonds; to provide for related matters; and for other purposes.
This 8 day of March, 2007.
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
3922
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Local Legislation was published in the Calhoun Times which is the official organ of Gordon County on March 14, 2007, and that the notice requirements of Code Section 28-1-14 have been met.
s/ DAVID RALSTON David Ralston Representative, District 7
Sworn to and subscribed before me, this 28th day of March 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 Coosawattee Regional Water and Sewerage Authority; to authorize the issuance of revenue bonds; to provide for related matters; and for other purposes.
This 8th 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 Chatsworth Times which is the official organ of Murray County on March 14, 2007, and that the notice requirements ofCode Section 28-1-14 have been met.
s/ DAVID RALSTON David Ralston Representative, District 7
GEORGIA LAWS 2008 SESSION
3923
Sworn to and subscribed before me, this 28th day of March, 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 create the Coosawattee Regional Water and Sewerage Authority; to authorize the issuance ofrevenue bonds; to provide for related matters; and for other purposes.
This 8 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 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)
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 ofGeorgia a bill to create the Coosawattee Regional Water and Sewage Authority; to authorize the issuance of revenue bonds; to provide for related matters; 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 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.
s/ 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)
Approved May 13, 2008.
GEORGIA LAWS 2008 SESSION
3925
CITY OF ROSWELL- CORPORATE LIMITS.
No. 610 (House Bill No. 1327).
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, particularly by an Act approved May 29, 2007 (Ga. L. 2007, p. 4287), 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, particularly by an Act approved May 29, 2007 (Ga. L. 2007, p. 4287), is amended by revising Section 1.20 as follows:
"SECTION 1.20. Reincorporation.
The boundaries of this city shall be as described in the complete legal description attached hereto and set forth as Exhibit 'A,' and as same may be altered from time to time in accordance with applicable laws. The city engineer or his or her designee shall prepare a map to be designated 'Official Map of the Corporate Limits of the City of Roswell, Georgia,' showing the corporate boundaries as the same may exist as of the date of adoption of this charter. The city engineer or his or her designee shall prepare a written description of the corporate boundaries as shown on said map. Said map and description shall be retained permanently in the office of the city clerk as the official map and description of the corporate boundaries of the city. Immediately upon alteration of the corporate boundaries made pursuant to law from time to time, the city engineer shall indicate such alterations by making appropriate changes in or additions to said official map and description. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace. 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."
SECTION 2. Said Act is further amended by revising Exhibit "A" of such Act as follows:
3926
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
'EXHIBIT A CITY OF ROSWELL. CORPORATE LIMITS.
The said corporate limits of the City of Roswell shall embrace the territory within the following boundary to wit:
January 14,2000, revised February 16,2000, October I, 2001, March 7, 2007, December 3, 2007, and December 13, 2007
All that tract or parcel of land lying and being in the Ist District, 2nd Section of Fulton County, Georgia, in the following Land Lots: 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46,47,48, 105,106,107,108,109,110, Ill, 112,113,114,115,116,117,118,119,120, 121,122,123,124,125,126,168,169,170,171,172,173,174,175,176,177,178,179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193,194, 195, 196, 197, 198,199,200,201,202,203,204,205,230,231,232,233,234,235,236,237,238,239, 240,241,242,243,244,245,246,247,248,249,250,251,252,253,254,255,256,257, 258,259,260,261,262,263,264,265,266,267,268,269,270,271,272,273,293,294, 295,296,297,298,299,300,301,302,303,304,305,306,307,308,309,310,311,312, 313,314,315,316,317,318,319,320,321,322,323,324,325,326,327,328,329,330, 331,332,333,334,340,341,342,343,344,345,346,347,348,349,350,351,352,353, 354,355,356,357,358,359,360,361,362,263,364,365,366,367,368,369,370,371, 372,373,374,375,376,377,378,379,380,381,382,383,384,385,386,387,388,389, 390,391,392,293,394,395,396,397,398,399,400,401,402,403,404,405,406,407, 408,409,410,411,412,413,414,415,416,417,418,419,420,421,422,423,424,425, 426,427,428,429,430,431,432,433,434,435,436,437,438,439,440,44!,442,443, 444,445,446,447,448,449,450,451,452,453,454,455,456,457,458,459,460,461, 462,463,464,465,466,467,468,469,470,471,472,473,474,475,476,477,478,479, 480,48!,482,483,484,485,486,487,488,489,490,491,492,493,494,495,496,497, 498,499,500,501,502,503,504,505,506,507,508,509,510,511,512,513,514,515, 516,517,518,519,520,521,522,523,524,525,526,527,528,529,530,531,532,533, 534,535,536,537,538,539,540,541,544,545,546,547,548,549,550,553,554,555, 556,557,558,559,560,562,563,564,565,566,567,568,569,570,571,572,573,574, 575,576,577,578,579,580,581,582,583,584,585,586,587,588,591,592,593,594, 595,596,597,600,601,602,603,604,609,610,611,612,613,614,615,616,617,618, 619,620,621,622,623,624,625,626,628,629,630,631,632,633,634,635,636,641, 642,643,644,645,648,649,656,657,658,659,660,661,662,663,664,665,666,667, 668,669,670,671,672,673,674,675,676,677,678,679,680,681,682,683,684,685, 692,704,705,706,707,708,709,710,711,712,713,714,715,716,717,718,719,720, 721,722,723,724,725,726,727,728,729,730,731,732,733,734,735,736,737,738, 758, 759, 760, 761, 762, 763, 764, 765, 766, 767, 768, 769, 770, 771, 772, 773, 774, 775, 776,777,778,779,780,781,782,783,784,785,786,787,788,789,790,791,792,812, 813,8!4,815,816,818,819,820,821,822,823,824,825,826,827,828,829,830,831,
GEORGIA LAWS 2008 SESSION
3927
832,833,834,835,836,842,843,844,867,878,879,880,881,882,883,884,885,886, 933, 934, 935, and 936; and in the 2nd District, 2nd Section of Fulton County, Georgia, in the following Land Lots: 870, 871, 872, 929, 930, 931,932,937,938,939,940, 941,942, 943,944,1000,1001,1002,1003,1004,1005,1006,1007,1008,1009,1010,1011,1012, 1013, 1017, 1018, 1070, 1071, 1072, 1073, 1074, 1076, 1077, 1078, 1079, 1080, 1081, !082, 1083, 1084, 1085, 1086, 1087, 1088, 1089, 1090, 1091, 1092, 1093, 1139, 1140, 1141,1142,1143,1144,1145,1146,1147,1148,1149,1150,1151,1152,1154,1155, 1156, 1157,.1158, 1159, 1160, 1161, 1162, 1163, 1164, 1165, 1211, 1212, 1213, 1214, 1215, 1218, 1219, 1220, 1221, 1228, 1229, 1230, 1231, 1232, 1233, 1234, 1235, 1236, 1237, 1238, 1239, 1240, 1241, 1280, 1281, 1282, 1283, 1284, 1285, 1286, 1287, 1288, 1289, 1290, 1291, 1292, 1293, 1294, 1295, and 1296; and also including any land lots or portions ofland lots encompassed within the following boundary, being more particularly described as follows:
BEGINNING at a point at the intersection of the East right-of-way of Georgia Highway #9, formerly known as U.S. Highway #19, and also known as Roswell Road (!50-foot right-of-way), with the South bank of the Chattahoochee River, and going thence easterly, northeasterly, southerly, westerly, and southeasterly along the meanderings of the south Bank of the Chattahoochee River forty-two thousand three hundred fifty (42,350) feet to a point at the intersection of the south bank of the Chattahoochee River with the northeast right-of-way of Holcomb Bridge Road (I 00-foot right-of-way); thence northwesterly along the northeast right-of-way of Holcomb Bridge Road ninety-five and fifty-six hundredths (95.56) feet to the centerline of Chattahoochee river; thence, northeasterly and northerly along said centerline of Chattahoochee River four thousand six hundred three (4,603.00) feet; thence, north 89 degrees 09 minutes 35 seconds west a distance of one thousand three hundred eight and thirty-five hundredths (1,308.35) feet to the southeasterly right-of-way of Barnwell Road (60-foot right-of-way); thence, southwesterly along said southeasterly right-of-way of Barnwell Road a distance of four hundred seventy-three and thirty hundredths (473.30) feet to a point on the north end of a miter line at the intersection with the northeasterly right-of-way of Holcomb Bridge Road (right-of-way varies); thence, southerly along said miter line a distance of thirty (30.00) feet to a point on the northeasterly right-of-way of Holcomb Bridge Road (right-of-way varies); thence, northwesterly along the northeasterly right-of-way of Holcomb Bridge Road (right-of-way varies) a distance of eighteen hundred ten (I ,81 0.00) feet to the easterly right-of-way of Nesbit Ferry Road (right-of-way varies); thence, northerly along said easterly right-of-way of Nesbit Ferry Road (right-of-way varies) a distance of ten thousand seven hundred seventy-three (10,773.00) feet to a point; thence across Nesbit Ferry Road north 68 degrees 00 minutes west one hundred thirty (130.00) feet to a point on the east line of Land Lot 787; thence northerly along the east lines of Land Lots 787 and 788 one thousand five hundred sixty-seven and nineteen hundredths (I ,567 .19) feet to a point on the north right-of-way of Old Alabama Road; thence westerly and northwesterly along the north right-of-way
3928
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of Old Alabama Road one thousand seven hundred fifty-nine and twenty-seven hundredths (1,759.27) feet to a point at the intersection of the north right-of-way of Old Alabama Road with the south line of Land Lot 762; thence north 86 degrees 23 minutes east thirty-four and ninety hundredths (34.90) feet along the south line of Land Lot 762 to a point; going thence south 88 degrees 54 minutes east one thousand six hundred eighty-one and fifty hundredths (1 ,681.50) feet along the south lines of Land Lots 762 and 789 to a point at the common intersection of Land Lots 788, 789, 816, and 718; going thence along the south line of Land Lot 816 south 87 degrees 56 minutes east eight hundred fifty-six and fifty hundredths (856.50) feet to a point; going thence north 62 degrees 18 minutes east two hundred sixty-four and seventy hundredths (264. 70) feet to a point on the east line of Land Lot 816; going thence north 01 degrees 13 minutes west one thousand two hundred sixty-one and ninety hundredths (1 ,261.90) feet along the east line of Land Lot 816 to a point in the northeast corner of Land Lot 816; going thence north 89 degrees 09 minutes east one thousand three hundred sixty-seven and eighty hundredths (1,367.80) feet along the south line of Land Lot 842 to a point in the southeast corner of Land Lot 842; going thence north 02 degrees 00 minutes west two hundred twenty-nine (229.00) feet along the east line of Land Lot 842 to a point; going thence north 88 degrees 46 minutes east nine hundred seventeen and twenty hundredths (917 .20) feet to a point on the west right-of-way of Haynes Bridge Road (80-foot right-of-way); going thence north 05 degrees 18 minutes east four hundred seven and sixty hundredths (407 .60) feet along the west right-of-way ofHaynes Bridge Road to a point; going thence north 04 degrees 16 minutes east one hundred sixty-three and eighty-nine hundredths (163 .89) feet along the west right-of-way ofHaynes Bridge Road to a point; going thence south 89 degrees 37 minutes west nine hundred eighty-two and thirty hundredths (982.30) feet to a point on the east line of Land Lot 842; going thence north 01 degrees 47 minutes west four hundred ninety-three and fifty hundredths (493.50) feet along the east line of Land Lot 842 to a point in the northeast corner of Land Lot 842; going thence north 01 degrees 59 west one thousand two hundred ninety-nine and seventy hundredths (1,299.70) feet along the east line of Land Lot 843 to a point in the northeast corner of Land Lot 843; going thence south 87 degrees 59 minutes west three hundred thirty-one and fifty hundredths (331.50) feet along the south line of Land Lot 844 to a point; going thence north 00 degrees 53 minutes west seven hundred ninety-seven (797.00) feet to a point on the southwest right-of-way of Haynes Bridge Road; going thence in a northwesterly direction along the curvature of the southwest right-of-way of Haynes Bridge Road a distance of two thousand one hundred fifty and sixty hundredths (2, 150.60) feet to a point at the intersection of the southwest right-of-way of Haynes Bridge Road with the eastern city limits of the City of Alpharetta, Georgia; going thence south 01 degrees 44 minutes east two hundred three and fifty hundredths (203.50) feet to a point on the north line of Land Lot 813; going thence north 89 degrees 53 minutes west one thousand four hundred twenty-five and seventy hundredths (1 ,425. 70) feet along the north line of Land Lot 792 to a point in the northwest corner of Land Lot 792; going
GEORGIA LAWS 2008 SESSION
3929
thence north 00 degrees 39 minutes west six hundred sixty and eighty hundredths (660.80) feet along the east line of Land Lot 758 to a point; going thence south 89 degrees 09 minutes west three hundred fifty-nine (359.00) feet to a point on the east right-of-way of Turner Road; going thence in a northerly direction along the curvature of the east right-of-way of Turner Road six hundred seventy-five (675) feet to the intersection of the east right-of-way of Turner Road with the north line of Land Lot 758; going thence north 89 degrees 55 minutes west nine hundred six and ten hundredths (906.10) feet along the north right-of-way of Land Lot 758 to a point in the northwest corner of Land Lot 758; going thence south 01 degrees 01 minutes east one thousand three hundred ten and seventy hundredths (1,310.70) feet along the west line of Land Lot 758 to a point in the southwest corner of Land Lot 758; going thence south 01 degrees 10 minutes east one thousand two hundred eighty-four and sixty-five hundredths (1,284.65) feet along the west right-of-way of Land Lot 759 to the southwest corner of Land Lot 759; going thence south 01 degrees 55 minutes east two hundred forty-three (243.00) feet along the west line of Land Lot 760 to a point; going thence along the current Alpharetta city limit boundary line south 83 degrees 00 minutes west seven hundred seventy and sixty hundredths (770.60) feet to a point on the west right-of-way of Turner Road, which point is located three hundred twenty-six (326.00) feet south of the intersection of the west right-of-way of Turner Road with the north line of Land Lot 737, as measured along the west right-of-way of Turner Road; going thence in a northerly direction along the west right-of-way of Turner Road three hundred twenty-six (326.00) feet to a point at the intersection of the west right-of-way of Turner Road with the north line of Land Lot 737; thence along the west right-of-way of Turner Road the following courses and distances: north 04 degrees 15 minutes 30 seconds west five and fifty hundredths (5.50) feet to a point; north 00 degrees 51 minutes west seventy-five and ninety-seven hundredths (75.97) feet to a point; north 7 degrees 40 minutes east fourteen and nine hundredths (14.09) feet to a point; north 07 degrees 40 minutes east forty-one and nine hundredths (41.09) feet to a point; north 18 degrees 47 minutes east thirty-three and fifty-seven hundredths (33.57) feet to a point; north 18 degrees 47 minutes east twenty-three (23.00) feet to a point; north 32 degrees 57 minutes 93 seconds east fifty-eight and sixty-five hundredths (58.65) feet to a point; north 40 degrees 09 minutes east forty (40.00) feet to a point; north 44 degrees 59 minutes west twenty-three and forty-seven hundredths (23.47) feet to a point, which point is the northernmost point of Kensington Square, Unit Three, on Turner Road; thence leaving the west right-of-way of Turner Road and going north 00 degrees 49 minutes 18 seconds east one thousand twelve and thirty hundredths (1,012.30) feet to a point located on the north line of Land Lot 738; thence south 88 degrees 15 minutes west along the north lines of Land Lots 738 and 705, one thousand three hundred and twenty-six (1 ,326) feet to a point; thence north 1 degree 18 minutes west, one thousand three hundred forty one and twenty hundredths (1 ,341.20) feet to a point on the north line of Land Lot 704; thence, south 89 degrees 24 minutes 31 seconds west, along the north
3930
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
line of Land Lot 704 a distance of five hundred ninety-seven and eleven hundredths (597 .II) feet to a point; thence, south 00 degrees 35 minutes 29 seconds east a distance of twenty (20.00) feet to a point; thence, south 00 degrees 09 minutes 14 seconds west a distance offour hundred fifty-three and eighty-seven hundredths (453.87) feet to a point located on the northerly right-of-way of Mansell Road (120-foot right-of-way); thence, north 88 degrees 02 minutes 15 seconds west, along said northerly right-of-way of Mansell Road (120-foot right-of-way), a distance of one hundred seventy-seven and thirty-four hundredths (177.34) feet to a point located on the easterly line of Land Lot 685; thence, continuing along said northerly right-of-way ofMansell Road (120-foot right-of-way), north 88 degrees 02 minutes 15 seconds west a distance of three hundred seventy-eight and seventy hundredths (378.70) feet to a point; thence, north 04 degrees 45 minutes 00 seconds east a distance of eighty-two (82.00) feet to a point; thence, north 25 degrees 00 minutes 00 seconds east a distance of one hundred eight (108.00) feet to a point; thence, north 42 degrees I0 minutes 00 seconds east a distance of one hundred forty-eight (148.00) feet to a point; thence, north 25 degrees 48 minutes 49 seconds east a distance of fifty-six and forty-nine hundredths (56.49) feet to a point; thence, north 01 degrees 50 minutes 00 seconds east a distance of one hundred twelve (112.00) feet to a point located on the north line of Land Lot 685; thence, north 89 degrees 51 minutes 43 seconds west, along said north line of Land Lot 685 a distance of seven hundred sixty-four (764) feet, more or less, to the northwesterly bank of Big Creek; thence, southwesterly along the northwesterly bank of Big Creek, a distance of five thousand (5,000) feet, more or less, to the northwest right-of-way of Georgia Highway #400 (right-of-way varies); thence, southwesterly along said north bank of Big Creek the following courses and distances: south 82 degrees 53 minutes 14 seconds west a distance of one hundred twenty-two and ninety-three hundredths (122.93) feet, south 72 degrees 13 minutes 03 seconds west a distance of three hundred thirty-six and sixty-three hundredths (336.63) feet, south 68 degrees 26 minutes 00 seconds west a distance of one hundred fifty-six and fifty hundredths (156.50) feet, south 63 degrees 13 minutes 00 seconds west a distance of two hundred and ten hundredths (200.1 0) feet, south 65 degrees 31 minutes 00 seconds west a distance of one hundred (I 00.00) feet, south 61 degrees 29 minutes 00 seconds west a distance of ninety-nine and sixty hundredths (99.60) feet, south 64 degrees 50 minutes 00 seconds west a distance offour hundred two and ten hundredths (402.1 0) feet, south 61 degrees 23 minutes 00 seconds west a distance of eighty-six and thirty hundredths (86.30) feet, south 55 degrees 54 minutes 00 seconds west a distance of one hundred twenty-two and ninety hundredths (122.90) feet, south 48 degrees 15 minutes 00 seconds west a distance of seventy-eight (78.00) feet, south 29 degrees 30 minutes 00 seconds west a distance of one hundred fifty-three and fifty hundredths (153.50) feet, south 21 degrees 18 minutes 00 seconds west a distance of one hundred two and twenty hundredths (102.20) feet, south 26 degrees 14 minutes 00 seconds west a distance ofone hundred thirty-nine and thirty hundredths (139.30) feet, south 26 degrees 38 minutes 00 seconds west a distance of one hundred three and ten
GEORGIA LAWS 2008 SESSION
3931
hundredths (103.1 0) feet, south 25 degrees 41 minutes 00 seconds west a distance of one hundred fourteen and thirty hundredths (114.30) feet, south 36 degrees 18 minutes 00 seconds west a distance of one hundred seventy-two and thirty hundredths (172.30) feet, south 69 degrees 07 minutes 00 seconds west a distance of two hundred twenty-seven and sixty hundredths (227 .60) feet, south 64 degrees 06 minutes 00 seconds west a distance of seventy-two (72.00) feet, south 80 degrees 45 minutes 00 seconds west a distance of one hundred ninety (190.00) feet to a point at the intersection of a branch; thence, northeasterly, northerly and northwesterly along said centerline of a branch the following courses and distances; north 23 degrees 43 minutes 00 seconds east a distance of fifty-three (53.00) feet, north 15 degrees 26 minutes 00 seconds east a distance of sixty-four and sixty hundredths (64.60) feet, north 33 degrees 27 minutes 00 seconds east a distance of one hundred thirty-four and twenty hundredths (134.20) feet, north 29 degrees 44 minutes 00 seconds east a distance of two hundred one and ninety hundredths (201.90) feet, north 34 degrees 24 minutes 00 seconds east a distance of sixty-six and sixty hundredths (66.60) feet, north 19 degrees 22 minutes 00 seconds east a distance of one hundred three and eighty hundredths (103.80) feet, north 05 degrees 26 minutes 00 seconds east a distance of one hundred (100.00) feet, north 09 degrees 25 minutes 00 seconds east a distance of one hundred and fifty hundredths (1 00 .50) feet, north 05 degrees 20 minutes 00 seconds west a distance of ninety-six and seventy hundredths (96. 70) feet, north 36 degrees 19 minutes 00 seconds west a distance ofninety and forty hundredths (90.40) feet, north 30 degrees 27 minutes 07 seconds west a distance of ninety-seven and eighty-six hundredths (97.86) feet, north 40 degrees 56 minutes 36 seconds west a distance of one hundred six and ninety-eight hundredths (1 06.98) feet, north 55 degrees 28 minutes 22 seconds west a distance of one hundred and sixty hundredths (1 00.60) feet, north 62 degrees 19 minutes 23 seconds west a distance of one hundred (100.00) feet, north 60 degrees 36 minutes 15 seconds west a distance of one hundred and two hundredths (100.02) feet, north 62 degrees 53 minutes 45 seconds west a distance of one hundred and two hundredths (100.02) feet, north 69 degrees 52 minutes 06 seconds west a distance of seventy-three and forty-four hundredths (73.44) feet to a point located on the southeasterly right-of-way of Worthington Hills Drive (50-foot right-of-way); thence, northeasterly along said southeasterly right-of-way ofWorthington Hill Drive (50-foot right-of-way) the following courses and distances: northeasterly along an arc of a curve to the left an arc distance of one hundred twenty-six and eighty-six hundredths (126.86) feet, said arc having a radius of two hundred sixty-three and seventy-three hundredths (263.73) feet and a chord distance of one hundred twenty-five and sixty-four hundredths (125.64) feet with a chord bearing of north 30 degrees 01 minutes 49 seconds east, north 16 degrees 15 minutes 00 seconds east a distance of three and fifty-four hundredths (3.54) feet to a point; thence, southeasterly and northeasterly the following courses and distances: south 74 degrees 00 minutes 00 seconds east a distance of one hundred nine and thirty hundredths (109.30) feet, south 67 degrees 00 minutes 00 seconds east a distance of one hundred fifty (150.00) feet, south
3932
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
53 degrees 04 minutes 00 seconds east a distance of one hundred forty-one and eighty hundredths (141.80) feet, south 70 degrees I0 minutes 00 seconds east a distance of one hundred nineteen and twenty hundredths (119.20) feet, north 70 degrees 21 minutes 00 seconds east a distance of ninety-one and five hundredths (91.05) feet, north 74 degrees 48 minutes 00 seconds east a distance of one hundred one and seventy hundredths (101.70) feet, north 38 degrees 04 minutes 00 seconds east a distance of one hundred three and thirty hundredths (I 03.30) feet, north 13 degrees 47 minutes 00 seconds east a distance of seventy-two and sixty hundredths (72.60) feet, north 15 degrees 50 minutes 00 seconds east a distance of one hundred twenty and ten hundredths (120.10) feet, north 13 degrees 16 minutes 00 seconds east a distance of ninety-six and thirty hundredths (96.30) feet, north 08 degrees 14 minutes 00 seconds east a distance of fifty-four and seventy hundredths (54.70) feet, north 14 degrees 46 minutes 00 seconds east a distance of eighty-three and fifteen hundredths (83.15) feet, north 04 degrees 31 minutes 00 seconds east a distance of one hundred one and ten hundredths (I 01.1 0) feet, south 28 degrees 03 minutes 00 seconds east a distance of one hundred eleven and forty hundredths (111.40) feet, south 66 degrees 08 minutes 00 seconds east a distance of fifty-one and fifteen hundredths (51.15) feet, north 59 degrees 14 minutes 00 seconds east a distance of ninety-eight and fifty hundredths (98.50) feet, north 64 degrees 58 minutes 00 seconds east a distance of ninety-four and twenty hundredths (94.20) feet, north 75 degrees 38 minutes 00 seconds east a distance of ninety-three and fifty hundredths (93 .50) feet, north 62 degrees 49 minutes 00 seconds east a distance of one hundred eighty-nine and sixty hundredths (189.60) feet, north 14 degrees 18 minutes 00 seconds east a distance of fifty-five and eighty hundredths (55.80) feet, south 73 degrees 30 minutes 00 seconds east a distance of fifty and twenty hundredths (50.20) feet, north 62 degrees 13 minutes 00 seconds east a distance of one hundred ninety-nine and seventy hundredths (199.70) feet, north 70 degrees II minutes 00 seconds east a distance of one hundred six and fifty hundredths (106.50) feet, north 71 degrees 47 minutes 00 seconds east a distance of eighty-two and twenty hundredths (82.20) feet to the North line of Land Lot 588; thence, north 88 degrees 37 minutes 10 seconds west, along the north lines of Land Lots 588,562, and 541 a distance of three thousand four hundred ninety-eight and twenty-four hundredths (3498.24) feet to a point at the intersection ofthe south line ofLand Lot 542 with the east right-of-way of Warsaw Road; thence in a northerly direction along the east right-of-way of Warsaw Road and crossing Old Roswell Road as though the east right-of-way of Warsaw Road were extended across Old Roswell Road one thousand one hundred ninety (1,190.00) feet to a point on the north right-of-way of Old Roswell Road; thence in a southwesterly direction along the north right-of-way of Old Roswell Road one thousand five hundred seven (I ,507 .00) feet to a point at the intersection of the north right-of-way of Old Roswell Road with the east line of Land Lot 504; thence in a northerly direction along the east lines of Land Lots 504 and 505 one thousand nine hundred one (1,901.00) feet to a point located at the intersection ofthe east line of Land Lot 505 with the south right-of-way of Mansell Road;
GEORGIA LAWS 2008 SESSION
3933
thence in an easterly and southeasterly direction along the south right-of-way of Mansell Road three thousand two hundred (3 ,200) feet to a point at the intersection of the southwest right-of-way of Mansell Road with the northwest right-of-way ofOld Roswell Road; thence in a northeasterly direction along the northwest right-of-way ofOld Roswell Road eight hundred fifty (850) feet to a point at the intersection of the northwest right-of-way of Old Roswell Road with the north line of Land Lot 560; thence northeasterly along the northwest right-of-way of Old Roswell Road, five hundred (500) feet to a point in the center of Foe Killer Creek; thence northeasterly and easterly along the north right-of-way line of Old Roswell Road and Rock Mill Road one thousand four hundred ninety (I ,490) feet to a point located at the intersection of the north right-of-way of Rock Mill Road with the east line of Land Lot 591; thence north along the east lines of Land Lots 591 and 592, one thousand two hundred fifty-seven (I ,257) feet to a point; thence north 72 degrees 02 minutes 29 seconds west four hundred fifty-four and thirty-five hundredths (454.35) feet to a point on the southeast right-of-way of Old Roswell Road; thence in a northeasterly direction along the southeast right-of-way ofOld Roswell Road six hundred two and forty hundredths (602.40) feet to a point at the intersection of the southeast right-of-way of Old Roswell Road with the south line of Land Lot 593; thence in an easterly direction along the south lines of Land Lots 593, 604, and 641 two thousand fifty-eight and sixty hundredths (2,058.60) feet to a point; thence north 00 degrees 39 minutes 00 seconds west one thousand three hundred sixty-one and eighty hundredths (1,361.80) feet to a point on the north line of Land Lot 641; thence west along the north lines of Land lots 641 and 604 six hundred sixty-six and eighty hundredths (666.80) feet to a point; thence north 0 I degrees 03 minutes west four hundred ninety-four and sixty hundredths (494.60) feet to the south right-of-way of Founders Parkway; thence westerly along the southerly right-of-way line of Founders Parkway six hundred two (602.00) feet to the southeasterly right-of-way of Old Roswell Road; thence northeasterly, crossing over Founders Parkway and along said southeasterly right-of-way of Old Roswell Road nine hundred twenty-five (925.00) feet to a point; thence south 55 degrees 17 minutes east five hundred (500.00) feet to a point; thence North 34 degrees 43 minutes East four hundred twelve and sixty hundredths (412.60) feet to a point on the south line of Land Lot 643; thence east along the south line of Land Lot 643 north 88 degrees 37 minutes east seven hundred eighty-one and fifty hundredths (781.50) feet to a point located in the southeast corner of Land Lot 643; thence north along the east line of Land Lot 643 one thousand three hundred eighty-nine (1,389) feet to a point located at the intersection of the east line of Land Lot 643 with the north right-of-way ofHembree Road Extension (also known as Old Roswell Road); thence east along the north right-of-way of Hembree Road Extension (also known as Old Roswell Road) one thousand six hundred twenty-five (1,625) feet to a point located at the intersection of the north right-of-way of Hembree Road Extension with the east right-of-way of Maxwell Road; thence south along the east right-of-way of Maxwell Road thirty (30) feet to a point located at the intersection of the east right-of-way of
3934
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Maxwell Road with the south line of Land Lot 692; thence east along the south line of Land Lot 692 one thousand three hundred forty (1 ,340) feet to a point located in the southeast corner of Land Lot 692; thence north along the east line of Land Lot 692 one thousand three hundred seventy-nine and seventy hundredths (1 ,3 79 .70) feet to a point located in the northeast corner ofLand Lot 692; thence west along the north lines of Land Lots 692 and 649 one thousand eight hundred thirty-nine (1,839) feet to a point; thence north 00 degrees 06 minutes 43 seconds east seven hundred sixty-five (765) feet to a point on the south right-of-way line of Brady Place; thence westerly along the south right-of-way line of Brady Place and State Route #9 one hundred forty-five (145) feet to a point on the south right-of-way line of State Route #9; thence southwesterly along the south right-of-way line of State Route #9 seven hundred seventy-two (772) feet to a point; thence south 00 degrees 55 minutes 10 seconds west five hundred one and forty-two hundredths (501.42) feet to a point on the north line of Land Lot 649; going thence westerly along the north line of Land Lot 649 two hundred twenty-five (225.00) feet to the northwest corner of Land Lot 649, which point is also the southeast corner of Land Lot 645; going thence north 01 degrees 10 minutes 30 seconds east one hundred twelve and fourteen hundredths (112.14) feet along the east line of Land Lot 645 to a point; going thence north 89 degrees 00 minutes west one thousand one hundred seventy-four and seventy-three hundredths (1, 174. 73) feet to a point; going thence north 2 degrees 03 minutes east four hundred fifty-five and thirty hundredths (455.30) feet to a point on the south right-of-way of State Route #9, also known as State Route #120 (80-foot right-of-way); going thence westerly and northwesterly along the south right-of-way of State Route #9 one thousand nine hundred seventy-three and seventy-hundredths (1 ,973. 70) feet to a point; thence north 22 degrees 30 minutes west eighty (80) feet to a point at the intersection of the north right-of-way of State Route #9 with the south right-of-way of Upper Hembree Road; thence northwesterly along the south right-of-way of Upper Hembree Road eight hundred ninety-three and eighty-four hundredths (893 .84) feet to a point on the west line of Land Lot 597; going thence, and continuing along said right-of-way line, north 70 degrees 5 minutes 31 seconds west nine hundred fourteen and eighty-six hundredths (914.86) feet to a point on the south right-of-way of Upper Hembree Road; thence south 04 degrees 55 minutes 58 seconds west nine hundred seventy-four and ninety-one hundredths (974.91) feet to a point on the south line of Land Lot 553, which is also the north line of Land Lot 554; going thence in a westerly direction along the south lines of Land Lots 553 and 550 one thousand two hundred thirty-six and zero hundredths (1,236.00) feet to a point; going thence north 00 degrees 18 minutes 52 seconds east nine hundred fifty-seven and eighty hundredths (957.80) feet to a point; going thence north 89 degrees 15 minutes 16 seconds west two hundred ninety-two and thirty-two hundredths (292.32) feet to a point; going thence north 00 degrees 45 minutes 46 seconds east four hundred forty and twenty-four hundredths (440.24) feet to a point on the south right-of-way of Upper Hembree Road; going thence in a westerly direction along the south right-of-way of Upper Hembree Road a distance
GEORGIA LAWS 2008 SESSION
3935
of three hundred three and forty-seven hundredths (303.47) feet to the east line of Land Lot 514; thence, north 00 degrees 40 minutes II seconds west, along said east line of Land Lot 514, a distance of one thousand four hundred twenty-four and twenty-six hundredths (1,424.26) feet to the northeast corner of Land Lot 514; thence, south 89 degrees 34 minutes 59 seconds west, along the north line of Land Lot 514, a distance of one thousand three hundred thirty-eight and fifty hundredths (1,338.50) feet to the northwest corner of Land Lot 514; going thence south 88 degrees 09 minutes 36 seconds west, six hundred fifty-nine and sixty-six hundredths (659.66) feet along the north line of Land Lot 513 to a point; going thence south 88 degrees 20 minutes 36 seconds west eight hundred sixteen and fifteen hundredths (816.15) feet along the north line of Land Lots 513 and 477 to a point; thence west along the north lines of Land Lots 477 and 476 two thousand five hundred nine and thirty hundredths (2,509.30) feet to an iron pin on the north line of Land Lot 476, which line divides the 1st District, 2nd Section and the 2nd District, 2nd Section of Fulton County, Georgia; thence into the 2nd District, 2nd Section of Fulton County, Georgia, north 0 degrees 30 minutes west one thousand six hundred seventy-five and forty hundredths (I ,67 5.40) feet to a point on the south right-of-way of Rucker Road; thence westerly along the south right-of-way of Rucker Road four hundred forty-six (446.00) feet to a point; thence south 0 degrees 30 minutes east five hundred sixty-six (566.00) feet to an iron pin; thence north 88 degrees 55 minutes west two hundred fifty-four and forty-two hundredths (254.42) feet to a point; thence, north 0 I degrees 23 minutes 54 seconds east a distance of one thousand three hundred ninety-six and ninety-two hundredths (I ,396.92) feet to a point located on the north line of Land Lot 1241; thence, north 88 degrees 13 minutes 22 seconds west, along the north line of Land Lot 1241, a distance of three hundred twenty-seven and sixty hundredths (327 .60) to the northwest corner of Land Lot 1241; thence, south 0 I degrees 29 minutes 58 seconds west, along the west line of Land Lot 1241, a distance of three hundred thirty and twenty hundredths (330.20) feet to a point; thence, north 89 degrees 01 minutes 02 seconds west a distance of five hundred forty-eight and thirty-five hundredths (548.35) feet to a point; thence, north 89 degrees 17 minutes 02 seconds west a distance of three hundred twenty-two and eight hundredths (322.08) feet to a point; thence 89 degrees 12 minutes 02 seconds west a distance of four hundred seventy-four and twenty-six hundredths (474.26) feet to a point located on the west line of Land Lot 1240; thence, south 00 degrees 25 minutes 58 seconds west, along the west line of Land Lot 1240, a distance of three hundred sixty-nine and sixty-two hundredths (369.62) feet to a point; thence, south 00 degrees 34 minutes 38 seconds west, along said west line of Land Lot 1240, a distance of six hundred thirty-six and thirty-five hundredths (636.35) feet to a point located on the north right-of-way of Rucker Road (60-foot right-of-way); thence, north 89 degrees 10 minutes 22 seconds west, along said north right-of-way of Rucker Road (60-foot right-of-way), a distance of three hundred fifty-five and one hundredth (355.0 I) feet to a point; thence, north 00 degrees 37 minutes 30 seconds west a distance of three hundred one and sixteen hundredths (30 1.16) feet to a point; thence,
3936
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
south 89 degrees 40 minutes 04 seconds west a distance of five hundred thirty-one and fifty hundredths (531.50) feet to the northeasterly right-of-way of S.R. #140; thence, south 66 degrees 44 minutes 09 seconds west a distance of one hundred four (I 04.00) feet to the southwesterly right-of-way of S.R. #140; thence, northwesterly along said southwesterly right-of-way of S.R. #140 a distance of one thousand two hundred forty-three and seventy-five hundredths (1243.75) feet to the southeasterly right-of-way of Crabapple Road (right-of-way varies); thence, northeasterly along the southeasterly side of Crabapple Road a distance of one hundred fifty (150.00) feet to the intersection of the southeasterly right-of-way of Crabapple Road with the northeasterly right-of-way of S.R. #140 (104-foot right-of-way); thence, northwesterly along said northeasterly right-of-way of S.R. #140 (104-foot right-of-way) a distance of one thousand one hundred eight and seventy-five hundredths (1108.75) feet to the north line of Land Lot 1211; thence, south 89 degrees 26 minutes 05 seconds west, along the north line of Land Lot 1211, a distance ofeight hundred twenty-four and fifty hundredths (824.50) feet to the northwest corner of Land Lot 1211; thence, north 00 degrees 36 minutes 59 seconds west, along the east line of Land Lot 1165, a distance of one thousand three hundred twenty-two (1,322.00) feet to the south right-of-way of Cagle Road (60-foot right-of-way; thence, east along said south right-of-way of Cagle Road (60-foot right-of-way) a distance of two hundred thirty-five (235.00) feet, more or less, to the southwest right-of-way of Arnold Mill Road (40-foot right-of-way); thence, northwesterly along the southwest right-of-way of Arnold Mill Road (40-foot right-of-way), a distance of two thousand five hundred sixty-two and fifty hundredths (2,562.50) feet, more or less, to the southwest right-of-way of Old Cemetery Road; thence, north 72 degrees 21 minutes 00 seconds west, along said southwest right-of-way of Old Cemetery Road, a distance of one hundred forty and thirty hundredths (140.30) feet to a point; thence, south 08 degrees 00 minutes 00 seconds west a distance of one hundred fifty-seven (157.00) feet to a point; thence, north 80 degrees 38 minutes 00 seconds west a distance of ninety-seven and twenty hundredths (97.20) feet to a point located on the west line of Land Lot 1093; thence, south along said west line of Land Lot 1093 a distance of five hundred fifty (550.00) feet to the southwest corner of Land Lot 1093, said corner being common with Land Lots 1092, 1093, 1140 and 1141; thence, west along the south line of Land Lot 1092 a distance of four hundred seventy-seven (477 .00) feet to a point; thence, north 00 degrees 48 minutes 08 seconds west a distance of eight hundred sixty-five and forty-seven hundredths (865 .47) feet to the southeasterly right-of-way of Cox Road (60-foot right-of-way); thence, southwesterly along said southeasterly right-of-way of Cox Road (right-of-way varies) and crossing over Etris Road right-of-way, a distance of one thousand seven hundred thirty-one and fifty hundredths (1,731.50) feet to the south line of Land Lot 1091; thence, east along said south line of Land Lot 1091 a distance of fifty-five (55.00) feet, more or less; thence, south a distance of four hundred thirty-five (435.00) feet to a point; thence, north 80 degrees 49 minutes 19 seconds west a distance of two hundred two and thirty
GEORGIA LAWS 2008 SESSION
3937
hundredths (202.30) feet to a point; thence, north 20 degrees 49 minutes 24 seconds west a distance of two hundred sixty-seven and forty-one hundredths (267.41) feet to a point located on the southeast right-of-way of Cox Road (right-of-way varies); thence, south 48 degrees 30 minutes 36 seconds west, along said southeast right-of-way of Cox Road, a distance of four hundred sixty-four and twenty-seven hundredths (464.27) feet to the west line of Land Lot 1142; thence, south 01 degrees 11 minutes 29 seconds east, along said west line of Land Lot 1142, a distance of eight hundred eighteen and twenty-five hundredths (818.25) feet to the southwest corner of Land Lot 1142; thence, south 00 degrees 30 minutes 38 seconds west along the west line of Land Lot 1163 a distance of five hundred thirty-two and ninety-nine hundredths (532.99) feet to a point; thence, south 76 degrees 16 minutes 38 seconds west a distance of five hundred twenty-six and sixty-nine hundredths (526.69) feet to a point; thence south 81 degrees 15 minutes 52 seconds west a distance of two hundred thirty-five and twenty-seven hundredths (235.27) feet to a point located on the west right-of-way of King Road (60-foot right-of-way); thence, southwesterly along the northwesterly right-of-way of King Road (60-foot right-of-way) a distance of two thousand one hundred twenty-six and fifty hundredths (2,126.50) feet to the south line of Land Lot 1215; thence, north 88 degrees 48 minutes 00 seconds east, along the south line of Land Lot 1215, a distance of four hundred eighty-four and seventy-four hundredths (484.74) feet to a point; thence, south 04 degrees 33 minutes 00 seconds east a distance of seven hundred thirty and seventy-six hundredths (730.76) feet to a point on the southwesterly right-of-way of Kent Road (right-of-way varies); thence, northwesterly and westerly along said southwesterly and southerly right-of-way of Kent Road (right-of-way varies) a distance of six hundred five and eighty-six hundredths (605.86) feet to the southeasterly right-of-way of King Road (60-foot right-of-way); thence, southwesterly, along said southeasterly right-of-way of King Road (60-foot right-of-way), a distance of three hundred nine and ninety-five hundredths (309.95) feet to a point; thence, north 56 degrees 03 minutes 10 seconds west a distance of four hundred eighty-five and thirty-four hundredths (485.34) feet to a point; thence, north 82 degrees 30 minutes 30 seconds west a distance of ninety-three and sixty-five hundredths (93.65) feet to a point; thence, south 19 degrees 03 minutes 00 seconds west a distance ofthree hundred thirty-three and seventy hundredths (3 33.70) feet to a point; thence south 06 degrees 08 minutes 00 seconds west a distance of one hundred eighty-five and eighty-six hundredths (185.86) feet to a point; thence, south 45 degrees 10 minutes 00 seconds east a distance of three hundred twenty-seven and sixty-nine hundredths (327 .69) feet to a point located on the northwesterly right-of-way of King Road (60-foot right-of-way); thence, southwesterly along the northwesterly right-of-way of King Road (60-foot right-of-way) a distance of three hundred sixty and eighty-eight hundredths (360.88) feet to a point; going thence, north 88 degrees 58 minutes 00 seconds west three hundred three and one hundredth (303 .01) feet to a point located in the northwest corner of Lot 24, Unit 12 of Brookfield West; thence along the north line of Lot 24, Unit 12 of Brookfield West north 88 degrees 58 minutes
3938
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
00 seconds west one hundred seven (107.00) feet to a point; thence north 24 degrees 15 minutes 00 seconds west four hundred and thirty hundredths (400.30) feet to a point on the north line of Land Lot 1289; going thence west along the north line of Land Lot 1289 one thousand two hundred thirty-six and fifteen hundredths (1 ,236.15) feet to a point and the northwest corner of Land Lot 1289; going thence north along the east line of Land Jot 1231 a distance of four hundred twenty-four and forty-two hundredths (424.42) feet to a point; thence, south 87 degrees 07 minutes 59 seconds east a distance of one thousand three hundred thirty-five and forty hundredths (1 ,335.40) feet to a point located on the southwesterly right-of-way of King Circle (right-of-way varies); thence, northwesterly along said southwesterly right-of-way of King Circle a distance of five hundred forty-five and eighty-eight hundredths (545.88) feet to a point; thence, north 87 degrees 05 minutes 09 seconds west a distance ofone thousand one hundred seventeen and sixty-six hundredths (1,117.66) feet to a point located on the west line of Land Lot 1232; thence, north, along the west line of Land Lot 1232, a distance of four hundred twelve and twenty-eight hundredths (412.28) feet to the northwest corner of Land Lot 1232; thence along the east line of Land Lot 1218 north 02 degrees 11 minutes west one thousand three hundred twenty-four and ninety hundredths (1,324.90) feet to a point located in the northeast corner of Land Lot 1218; going thence along the east line of Land Lot 1159 north one hundred nineteen and fifty-six hundredths (119.56) feet to a point; going thence south 70 degrees 54 minutes 40 seconds east two hundred forty-five and eighty-nine hundredths (245.89) feet to a point; going thence south 85 degrees 58 minutes 07 seconds east one hundred sixty-five and eleven hundredths (165.11) feet to a point; going thence north 32 degrees 34 minutes 32 seconds east two hundred fifty-seven and ninety-four hundredths (257.94) feet to a point; going thence north 72 degrees 10 minutes 33 seconds east one hundred five and ninety-one hundredths (105.91) feet to a point; going thence north 05 degrees 43 minutes 08 seconds east two hundred forty-eight and eighty hundredths (248.80) feet to a point; going thence north 84 degrees 16 minutes 52 seconds west one hundred ninety-one and sixty-two hundredths (191.62) feet to a point; going thence north 10 degrees 46 minutes 35 seconds east eighty-four and seventy-four hundredths (84. 74) feet to a point; going thence south 77 degrees 26 minutes 09 seconds east ten and forty-two hundredths (10.42) feet to a point; going thence north 31 degrees 05 minutes 08 seconds east two hundred seventy-nine and eighty-three hundredths (279.83) feet to a point; thence, north 42 degrees 18 minutes 05 seconds east a distance of ninety and forty-five hundredths (90.45) feet to a point; thence, south 87 degrees 23 minutes 11 seconds east a distance of forty-nine and ninety-nine hundredths (49.99) feet to a point; thence, north 05 degrees 44 minutes 19 seconds east a distance of four hundred four and twenty-three hundredths (404.23) feet to a point located on the southerly right-of-way of Cox Road (50-foot right-of-way); thence, easterly and northeasterly along the southerly and southeasterly right-of-way of Cox Road (50-foot right-of-way) a distance of two thousand six hundred nine and eighty-four hundredths (2,609.84) feet to a point; thence, north 09 degrees 01 minutes 27 seconds
GEORGIA LAWS 2008 SESSION
3939
west a distance of eight hundred fifty and eighteen hundredths (850.18) feet to a point; thence, north 80 degrees 58 minutes 33 seconds east a distance of two hundred ten and one hundredth (21 0.0 I) feet to a point; thence, north 09 degrees 09 minutes 27 seconds west a distance of one hundred thirty and two hundredths (130.02) feet to a point; thence, north 80 degrees 58 minutes 33 seconds east a distance of thirty (30.00) feet to a point located on the south line of Land Lot I090; thence, north 87 degrees 31 minutes 47 seconds east, along said south line of Land Lot 1090, a distance of six hundred eighty-six and forty-seven hundredths (686.47) feet to the southeast corner of Land Lot 1090, said comer being common with Land Lots 1090, I091, 1142, and 1143; thence, north 03 degrees 21 minutes 51 seconds west, along the west line of Land Lot I 091, a distance of ten and seventy-eight hundredths (I 0. 78) feet to a point; thence, north 88 degrees 48 minutes 04 seconds east a distance of four hundred twenty-eight and fifty-two hundredths (428.52) feet to a point; thence, north 03 degrees 15 minutes 58 seconds west a distance of four hundred and eighty-three hundredths (400.83) feet to a point, thence, north 89 degrees 20 minutes 09 seconds east a distance of one hundred seventy-seven and forty-one hundredths ( 177.41) feet to a point; thence, north 02 degrees 44 minutes 05 seconds east a distance of one hundred ninety-two and thirty-eight hundredths (192.38) feet to the southwesterly right-of-way of Ebenezer Road (60-foot right-of-way); thence, southeasterly along said southwesterly right-of-way of Ebenezer Road (60-foot right-of-way) a distance of two hundred two (202.00) feet to a point; thence, north 05 degrees 41 minutes 13 seconds west a distance of four hundred ten (410.00) feet to a point; thence, north 70 degrees 31 minutes 09 seconds west a distance of three hundred (300.00) feet to a point; thence, north 04 degrees 52 minutes 12 seconds west a distance of five hundred seventy-two and thirty hundredths (572.30) feet to a point; thence, north 01 degrees 05 minutes 35 seconds west a distance of six hundred fifty-three and two hundredths (653.02) feet to a point; thence, south 88 degrees 56 minutes 49 seconds west a distance of four hundred fifty-five and sixty hundredths (455.60) feet to a point located on the east line of Land Lot 1071; thence, north 01 degrees 14 minutes 27 seconds west, along said east line of Land Lot 1071, a distance of three hundred eighty-five (385.00) feet to the northeast corner of Land Lot 1071; thence, south 88 degrees 24 minutes 33 seconds west, along the north line of Land Lot 1071, a distance of three hundred sixty-three and seven hundredths (363.07) feet to a point; thence, south 0 I degrees 28 minutes 32 seconds east a distance of one thousand six hundred eighty-five and fifty-six hundredths (1 ,685.56) feet to the northeasterly right-of-way of Ebenezer Road (60-foot right-of-way); thence, northwesterly and westerly along said northeasterly and northerly right-of-way of Ebenezer Road (60-foot right-of-way) a distance of one thousand five hundred fifty-sixc and twenty-nine hundredths (1,556.29) feet to a point; thence, south 01 degrees 37 minutes 04 seconds east a distance of four hundred ninety-five and sixty-one hundredths (495.61) feet to a point located on the north line of Land Lot 1089; thence, westerly along the north line of Land Lot 1089 a distance of one thousand sixty-two and twenty-five hundredths
3940
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(1 ,062.25) feet to the northwest corner of Land Lot 1089, said corner being common with Land Lots 1072, 1073, 1088, and 1089; thence, north along the east line of Land Lot 1073 a distance of three hundred ten (31 0.00) feet to the northerly right-of-way of Ebenezer Road (60-foot right-of-way); thence, westerly along the northerly right-of-way of Ebenezer Road (60-foot right-of-way) a distance of one thousand six hundred eight (I ,608.00) feet to a point; thence, south 05 degrees 40 minutes 19 seconds west along the end of Ebenezer Road, a distance of sixty (60.00) feet to a point; thence north 78 degrees 21 minutes 02 seconds west three hundred ninety-seven and thirty-four hundredths (397.34) feet to a point; thence south 83 degrees 47 minutes 05 seconds west two hundred twenty-six and forty-two hundredths (226.42) feet to a point; thence south 85 degrees 45 minutes 47 seconds west one hundred forty-one and thirty-five hundredths (141.35) feet to a point; thence south 68 degrees 13 minutes 48 seconds west seventy and sixteen hundredths (70.16) feet to a point; thence north 57 degrees 06 minutes 24 seconds west two hundred fifty-three and seven hundredths (253.07) feet to a point located on the west line of Land Lot 1074; thence in a southerly direction along the west line of Land Lot 1074 six hundred fifteen and seventy hundredths (615.70) feet to a point located in the southwest corner of Land Lot 1074; going thence in a westerly direction along the north line of Land Lot I 086 one thousand three hundred fifteen and ninety hundredths (I ,315.90) feet to a point located in the northwest corner of Land Lot I086, said comer being common with Land Lots 1075, 1076, 1085 and 1086; thence, north 00 degrees 42 minutes 46 seconds east along the east line of Land Lot 1076, a distance of one thousand eighty-eight and seventy-nine hundredths (1,088.79) feet to a point; thence, north 00 degrees 43 minutes 19 seconds east, along the east lines of Land Lots I076 and 1013, a distance of one thousand five hundred seventy and seventy-three hundredths (1,570.73) feet to the northeast corner of Land Lot 1013, said corner being common with Land Lots 1003, 1004, 1013, and 1014; thence, south 89 degrees 52 minutes 48 seconds east, along the south line of Land Lot I 003, a distance of one thousand three hundred two and fifty-nine hundredths (I ,302.59) feet to the southeast corner of Land Lot I003, said corner being common with Land Lots 1002, 1003, 1014, and 1015; thence, south 89 degrees 07 minutes 51 seconds east, along the south lines of Land Lots 1002 and 1001, a distance of two thousand six hundred forty (2,640.00) feet to the southeast corner of Land Lot 100 I, said corner being common with Land Lots 1000, 1001, 1016, and !017; thence, south 00 degrees II minutes 00 seconds east, along the west line of Land Lot I017, a distance of five hundred twenty-eight and eighty hundredths (528.80) feet to the centerline of a branch; thence, easterly, along said centerline of a branch, a distance of one thousand three hundred twenty-three (I ,323) feet, more or less, to the westerly right-of-way of Sweet Apple Road (right-of-way varies); thence, northerly, northeasterly and easterly, along the westerly, northwesterly and northerly right-of-way ofSweetApple Road, a distance of five hundred ninety-five and seventy-five hundredths (595. 75) feet to a point; thence, north 14 degrees 28 minutes 00 seconds west a distance of three hundred ninety-five and ten hundreds (395.1 0) feet to a point located on the north line of
GEORGIA LAWS 2008 SESSION
3941
Land Lot 1018; thence, south 89 degrees 34 minutes 00 seconds west, along said north line of Land Lot 1018, a distance of three hundred thirty-four and ninety hundredths (334.90) feet to the northwest corner of Land Lot 1018, said corner being common with Land Lots 999, 1000, 1017, and 1018; thence, north 00 degrees 09 minutes 00 seconds west, along the east line of Land Lot 1000, a distance of one hundred ninety-nine and eighty hundredths (199.80) feet to a point; thence, south 89 degrees 54 minutes 00 seconds west a distance of one hundred twenty (120.00) feet to a point; thence, south 84 degrees 18 minutes 00 seconds west a distance of five hundred fifty-two and eighty hundredths (552.80) feet to a point; thence, south 89 degrees 52 minutes 00 seconds west a distance of six hundred fifty-four and eighty hundredths (654.80) feet to a point located on the east line of Land Lot 1001; thence, north 00 degrees 19 minutes 32 seconds west along said east line of Land Lot 1001, a distance of one thousand two hundred twenty-four and twenty-one hundredths (1 ,224.21) feet to the northeast corner of Land Lot 1001, said corner being common with Land Lots 944, 945, 1000, and 1001; thence, south 89 degrees 57 minutes 22 seconds west, along the north line of Land Lot 1001, a distance of five hundred thirty-six and fifty-two hundredths (536.52) feet to the southeast right-of-way of Lackey Road (right-of-way varies); thence, northeasterly, along said southeasterly right-of-way of Lackey Road a distance of two hundred thirty (230) feet, more or less, to a point; thence, north 51 degrees 44 minutes 13 seconds east, crossing Lackey Road, a distance of fifty (50.00) feet to a point; thence, north 69 degrees 26 minutes 47 seconds west a distance of two hundred forty-six and ninety-eight hundredths (246.98) feet to a point; thence, north 50 degrees 55 minutes 57 seconds west a distance of three hundred forty-nine and twelve hundredths (349 .12) feet to a point; thence, north 44 degrees 41 minutes 58 seconds east a distance of one hundred sixty-eight (168.00) feet to a point; thence, north 87 degrees 41 minutes 04 seconds east a distance of ninety-eight and twenty-five hundredths (98.25) feet to a point; thence, south 28 degrees 47 minutes 18 seconds east a distance of one hundred sixty-five and fifteen hundredths ( 165 .15) feet to a point; thence, north 51 degrees 27 minutes 43 seconds east a distance of five hundred thirty-nine and ten hundredths (539.1 0) feet to a point; thence, north 26 degrees 09 minutes 42 seconds east a distance of forty-two and one hundredth (42.01) feet to a point located on the southwesterly right-of-way of Arnold Mill Road (right-of-way varies); thence, northwesterly, along the southwesterly right-of-way of Arnold Mill Road (right-of-way varies), a distance of four hundred twenty-five and twelve hundredths (425.12) feet to a point located on the south line of Land Lot 929; thence, north 89 degrees 43 minutes 32 seconds west, along the south line of Land Lot 929, a distance of eight hundred ninety-seven and eighty-seven hundredths (897 .87) feet to the southwest corner of Land Lot 929, said corner being common with Land Lots 929,930,943, and 944; thence, north 00 degrees 19 minutes 58 seconds west, along the west line of Land Lot 929, a distance of two hundred sixteen and five hundredths (216.05) feet to the southeast right-of-way ofOld Chadwick Lane (30-foot right-of-way); thence, northeasterly along the southeasterly right-of-way ofOld Chadwick Lane (30-foot
3942
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
right-of-way) a distance of seven hundred forty-nine and sixty-four hundredths (749.64) feet to a point on the southwesterly right-of-way of Arnold Mill Road (right-of-way varies); thence, northwesterly, along the southwesterly right-of-way of Arnold Mill Road (right-of-way varies), a distance of two thousand three hundred thirty-three (2,333) feet, more or less, to the centerline of Little River; thence, southwesterly, along said centerline of Little River, a distance of twelve thousand six hundred forty-four (12,644) feet, more or less, to the west line of Land Lot 937; thence, south along the west line of Land Lots 937, 1008, 1009, 1080, 1081, and 1152, and also the Cherokee County line, a distance of seven thousand two hundred five and thirty-four hundredths (7,205.34) feet to the southwest corner of Land Lot 1152, said corner being common with Land Lots 1152 and 1153; going thence in an easterly direction along the south line of Land Lot 1152 one thousand four hundred nineteen and seventy hundredths (1 ,419.70) feet to a point in the southeast corner of Land Lot 1152; going thence in a southerly direction along the west line of Land Lot 1154 one thousand three hundred seventy-eight (1 ,3 78.00) feet to a point located in the southwest corner of Land Lot 1154; going thence in an easterly direction along the south line of Land Lot 1154 one thousand three hundred sixteen and thirty-eight hundredths (1,316.38) feet to a point located in the southeast corner of Land Lot 1154; going thence in an easterly direction along the south line of Land Lot 1155 one thousand three hundred seventy-six and twenty-eight hundredths (1 ,3 76.28) feet to a point located in the southeast corner of Land Lot 1155; going thence in a southerly direction along the west line of Land Lot 1221 one thousand three hundred nine and thirty-two hundredths (1 ,309.32) feet to a point located in the southwest corner of Land Lot 1221; going thence south along the west line of Land Lot 1228 one thousand three hundred thirty-nine and sixty hundredths (1 ,339.60) feet to a point located in the southwest corner of Land Lot 1228; going thence west along the north line of Land Lot 1294 one thousand two hundred eighty-nine and sixty hundredths (1 ,289.60) feet to a point located in the northwest corner of Land Lot 1294; going thence west along the north line of Land Lot 1295 one hundred sixty-eight and fifty hundredths (168.50) feet to a point located at the intersection of the north line of Land Lot 1295 with the east right-of-way of West Lake Drive; going thence west along the north line of Land Lot 1295 and across West Lake Drive forty-five (45.00) feet to a point located at the intersection of the west right-of-way of West Lake Drive with the north line of Land Lot 1295; going thence southwesterly along the curvature of the west right-of-way of West Lake Drive eight hundred seventy-two and eighty hundredths (872.80) feet to a point located at the intersection of the west right-of-way of West Lake Drive with the east right-of-way of Mountain Park Road; going thence northwesterly along the curvature of the east right-of-way of Mountain Park Road eight hundred twelve and seventy hundredths (812. 70) feet to a point at the intersection of the east right-of-way of Mountain Park Road with the north line of Land Lot 1295; going thence west across Mountain Park Road and along the north lines of Land Lots 1295 and 1296 one thousand six hundred forty-three (I ,643 .00) feet to a point located at the northwest corner of Land
GEORGIA LAWS 2008 SESSION
3943
Lot 1296; going thence south along the west line of Land Lot 1296 one thousand seven hundred sixty-seven and eighty hundredths (1,767.80) feet to a point located in the southwest corner of Land Lot 1296, which point is also on the line dividing Cherokee County, Cobb County, and Fulton County and the division line between the 2nd District, 2nd Section of Fulton County, Georgia, and the 1st District, 2nd Section of Fulton County, Georgia; going thence into the 1st District, 2nd Section of Fulton County, Georgia, south along the west lines of Land Lots 39, 38, 37, 36, and 35 a distance of six thousand seven hundred twenty-six and fifty-five hundredths (6,726.55) feet to a point located at the intersection of the west line of Land Lot 35 with the centerline of Willeo Creek; thence southerly, southeasterly, easterly, southwesterly, and westerly along the Cobb County line and along the meanderings of the centerline of Willeo Creek, which is also the east county line of Cobb County, thirty three thousand six hundred seventy-five (33,675) feet, more or less, to a point at the intersection of the centerline of Willeo Creek with the north right-of-way of Willeo Road; going thence in an easterly direction along the centerline ofWilleo Creek and across the Chattahoochee River as if the centerline ofWilleo Creek were extended across the Chattahoochee River, a distance of One Thousand One Hundred Eighty-Five (1,185) feet, more or less, to a point located at the intersection of said extended centerline of Willeo Creek with the Southeast bank of the Chattahoochee River; going thence in a northerly and easterly direction along the meanderings of the south and southeast bank of the Chattahoochee River a distance of Twelve Thousand Two Hundred Eighty (12,280) feet, more or less, to the intersection of the East right-of-way of Georgia Highway #9, formerly known as U.S. Highway#19, and also known as Roswell Road, with the South bank of the Chattahoochee River, which point is the Point of Beginning. The above-described boundary may encompass, overlap, or intrude upon all or a portion of lands owned by or under the jurisdiction of the government of the United States of America, its agents or its instrumentalities, including the National Parks Service, and also may encompass, overlap, or intrude upon lands owned by or under the jurisdiction of the government of the State of Georgia, its agents or its instrumentalities, including the Georgia Department of Natural Resources. In such event there shall be overlapping jurisdiction to the extent allowed by law. In the event any portion of the above-described boundary or property within the boundary of the City of Roswell be found by state or federal law to be ultra vires, unlawful, or unconstitutional, the boundary of the City of Roswell shall be changed from the existing boundary to a boundary which excludes such lands. Said new boundary shall begin at the point where the current boundary intersects with the state or federal land so excluded and going in a counter-clockwise direction along the portion of the boundary line of such excluded portion which is contiguous with the current City of Roswell property before the exclusion, to the point where the boundary of such excluded land intersects with the above described boundary of the City of Roswell and then continuing along the above-described boundary. In the event any interior land is excluded, the description of the City of Roswell shall be changed by excepting from the
3944
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
description of the City of Roswell the property so excluded according to its description. Should the beginning point of the boundary of the City of Roswell be for any reason affected, then the City ofRoswell may redesignate a beginning point as allowed by Georgia law. 0
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 2008 session of the General Assembly of the State of Georgia a bill to amend an Act to reincorporate the City of Roswell in Fulton County, Georgia, approved April19, 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 14th day ofFebruary,2008
Representative Harry Geisinger 48th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harry Geisinger, who on oath deposes and says that he is the Representative 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 22, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ HARRY GEISINGER Harry Geisinger Representative, District 48
Sworn to and subscribed before me, this 25th day of February 2008.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia
GEORGIA LAWS 2008 SESSION
My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 13,2008.
3945
FULTON COUNTY- HOMESTEAD EXEMPTION; COUNTY TAXES; SENIOR CITIZENS; REFERENDUM.
No. 611 (House Bill No. 1205).
AN ACT
To provide a homestead exemption from Fulton County ad valorem taxes for county purposes in the amount of 50 percent of the assessed value of the homestead for residents of that county who are 65 years of age or older and whose household income does not exceed 200 percent of the federal poverty level; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) As used in this Act, the term:
(1) "Ad valorem taxes for county purposes" means all ad valorem taxes for county purposes levied by, for, or on behalf of Fulton County, including, but not limited to, any ad valorem taxes to pay interest on and to retire county bonded indebtedness. (2) "Federal poverty level" is the poverty guideline as published each February by the Department of Health and Human Services. (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. (4) "Senior citizen" means a person who is 65 years of age or older on or before January I of the year in which application for the exemption under this Act is made. (b) Each resident of Fulton County who is a senior citizen is granted an exemption on that person's homestead from Fulton County ad valorem taxes for county purposes in the amount of 50 percent of the assessed value of that homestead. The exemption under this subsection shall only be granted if that persons income, together with the income of the spouse and any other family member who also occupies and resides at such homestead, does not exceed 200
3946
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
percent of the federal poverty level for the immediately preceding year. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless such person or person s agent files an application with the tax assessor of Fulton County giving such person's age, household income, and such additional information relative to receiving such exemption as will enable the tax assessor of Fulton County to make a determination regarding the initial and continuing eligibility of such person for such exemption. The tax assessor of Fulton County shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be for a two-year period, as long as the person granted the homestead exemption under subsection (b) of this section occupies the residence as a homestead. Renewal applications shall be made in the same manner as the initial application. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the tax assessor of Fulton County in the event that person for any reason becomes ineligible for such exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect any state ad valorem taxes, county or independent school district ad valorem taxes for educational purposes, or municipal ad valorem taxes for municipal purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to Fulton County ad valorem taxes for county purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2009.
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 date of the November, 2008, state-wide general election and shall issue the call and conduct that election as provided by general law. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Fulton County. The ballot shall have written or printed thereon the words:
"( ) YES ( ) NO
Shall the Act be approved which provides a homestead exemption from Fulton County ad valorem taxes for county purposes in the amount of 50 percent of the assessed value of the homestead for residents of that county who are 65 years of age or older and whose household income does not exceed 200 percent of the federal poverty level?"
GEORGIA LAWS 2008 SESSION
3947
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, 2009. 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 Fulton County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
2008 session ofthe General Assembly of Georgia a bill provide a homestead exemption from Fulton County ad valorem taxes for county purposes in the amount of 50 percent of the assessed value of the homestead for residents of that county who are 65 years of age or older and whose household income does not exceed 200 percent of the federal poverty level; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; and for other purposes.
This 8th day of February, 2008.
Mable Thomas Representative Mable Thomas 55th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mable Able Thomas, who on oath deposes and says that she 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 Daily Report which is the official organ of Fulton County on February 8, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
3948
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
s/ MABLE ABLE THOMAS Mable Able Thomas Representative, District 55
Sworn to and subscribed before me, this II th day of February 2008.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 13, 2008.
GLYNN COUNTY- HOMESTEAD EXEMPTION; COUNTY TAXES; BASE YEAR; HOMESTEAD REBUILT OR REPAIRED; REFERENDUM.
No. 612 (House Bill No. 1282).
AN ACT
To amend an Act providing for a homestead exemption from Glynn County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead approved May 1, 2000 (Ga. L. 2000, p. 4612), as amended, so as to provide for circumstances when such exemption may continue to be received if the homestead is destroyed but repaired or rebuilt in similar size and value within two years; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for a homestead exemption from Glynn County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead approved May 1, 2000 (Ga. L. 2000, p. 4612), as amended, is amended by revising subsection (b) of Section 1 as follows:
GEORGIA LAWS 2008 SESSION
3949
'(b) Each resident of Glynn County is granted an exemption on that person's homestead from Glynn County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value ofthe homestead. This exemption shall not apply to taxes assessed on improvements to the homestead or additional land that is added to the homestead after January 1 of the base year. If any real property is removed from the homestead, the base year assessed value shall be adjusted to reflect such removal and the exemption shall be recalculated accordingly. The value of that property in excess of such exempted amount shall remain subject to taxation. In the event the homestead is partially or completely destroyed by a natural disaster or by criminal act of a person other than the owner or member of the owner's family, the owner shall continue to receive the exemption provided for under this subsection calculated according to the existing base year assessed value without the need of establishing a new base year assessed value as long as the structure is repaired or rebuilt in such a manner as to be, in the determination of the board of tax assessors, of similar size and value as the initial structure within two years of the date the home was partially or completely destroyed in such disaster.'
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Glynn County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Glynn County for approval or rejection. The election superintendent shall conduct that election on the date of the 2008 presidential preference primary, 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 Glynn 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 Glynn County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead may continue to be received if the homestead is destroyed but repaired or rebuilt in similar size and value within two years?"
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 offull force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Glynn County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
3950
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 2008 session of the General Assembly of Georgia a bill to mend an Act providing for a homestead exemption from Glynn County ad valorem taxesrl 79 for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead approved May I, 2000 (Ga. L. 2000, p. 4612), as amended, so as to provide for circumstances when such exemption may continue to be received if the homestead is destroyed but repaired or rebuilt in similar size and value within two years; to provide for a referendum, effective dates, and automatic repeal; and for other purposes.
This 14 day of January, 2008.
Representative Jerry Keen I 79th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jerry Keen, who on oath deposes and says that he is the Representative from District 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 ofGlynn County on February 14,2008, and that the notice requirements ofCode Section28-l-14 have been met.
sf JERRY KEEN Jerry Keen Representative, District 179
Sworn to and subscribed before me, this 19th day of February 2008.
sf DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia
GEORGIA LAWS 2008 SESSION
3951
My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 13, 2008.
CITY OF ATLANTA- HOMESTEAD EXEMPTION; CITY TAXES; INCREASE EXEMPTION; REFERENDUM.
No. 613 (Senate Bill No. 325).
AN ACT
To amend an Act to provide a homestead exemption from City of Atlanta ad valorem taxes for municipal purposes, approved Aprill9, 2000 (Ga. L. 2000, p. 4462), so as to increase the amount of such exemption; 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 to provide a homestead exemption from City of Atlanta ad valorem taxes for municipal purposes, approved Aprill9, 2000 (Ga. L. 2000, p. 4462), is amended by revising subsection (a) of Section 2 as follows:
"(a) Each resident ofthe City of Atlanta who is a senior citizen and whose net income does not exceed $40,000.00 is granted an exemption on that person's homestead from all City of Atlanta ad valorem taxes for municipal purposes in the amount of $40,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation."
SECTION 2. Said Act is further amended by revising Section 5 as follows:
"SECTION 5. 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 the City of Atlanta 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 Atlanta for
3952
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
approval or rejection. The election superintendent shall conduct that election on the Tuesday next after the first Monday in November, 2008, 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:
"( ) YES Shall the Act be approved which provides a new increased homestead exemption from City of Atlanta ad valorem taxes for municipal purposes in the amount of $40,000.00 of the assessed value of the homestead for
( ) NO residents ofthat city who are 65 years of age or over whose income does not exceed $40,000.00?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Sections 1 through 3 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 through 3 of this Act shall not become effective and this Act shall be automatically repealed on the first day ofJanuary immediately following that election date. The expense of such election shall be borne by the City of Atlanta. 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 to provide a homestead exemption from City of Atlanta ad valorem taxes for municipal purposes, approved April 19, 2000 (Ga. L. 2000, p. 4462); and for other purposes.
This 22nd day of March, 2007
Kasim Reed 35th District
GEORGIA LAWS 2008 SESSION GEORGIA, FULTON COUNTY
3953
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kasim Reed, who on oath deposes and says that he is the Senator from District 35 and further deposes and says that the attached Notice oflntention to Introduce Local Legislation was published in the Daily Report which is the official organ of Fulton County on March 27, 2007, and that the notice requirements of Code Section 28-1-14 have been met.
s/ KASIM REED Kasim Reed Senator, District 35
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 13, 2008.
CITY OF COLLEGE PARK- COLLEGE PARK BUSINESS AND INDUSTRIAL DEVELOPMENT AUTHORITY; MEMBERSHIP AND SELECTION.
No. 614 (House Bill No. 1459).
AN ACT
To change the qualifications of membership to and the manner in which members shall be selected for the College Park Business and Industrial Development Authority, created by that certain 1980 constitutional amendment of the Constitution of 1976, Resolution Act No. 168 (Ga. L. 1980, p. 2071 ), duly ratified at the 1980 general election and specifically continued in force and effect by an ordinance enacted August 20, 1984 (Ga. L. 1985, p. 5311) and an Act approved February 27, 1987 (Ga. L. 1987, p. 3713); 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:
3954
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 1.
(a) Membership: The College Park Business and Industrial Development Authority, created by that certain 1980 constitutional amendment of the Constitution of 1976, Resolution Act No. 168 (Ga. L. 1980, p. 2071 ), duly ratified at the 1980 general election and specifically continued in force and effect by an ordinance enacted August 20, 1984 (Ga. L. 1985, p. 5311) and an Act approved February 27, 1987 (Ga. L. 1987, p. 3713), notwithstanding any contrary provisions of subsection (b) of Section 3 of said constitutional amendment, shall henceforth consist of seven members as specified in this subsection. This Act is passed pursuant to the authorization of the provisions of subsection (b) of Section 3 which provide that if the qualifications of the membership or the manner in which members of the authority shall be selected shall ever be the subject of change, the same may be accomplished by an Act of the General Assembly. Pursuant to such authorization, the seven members shall be as follows:
(I) The mayor of the City of College Park or his or her designated member from the city council of the City of College Park; (2) The mayor pro tempore of the City of College Park or his or her designated member from the city council of the City of College Park; (3) A person residing in the City of College Park, to be selected by the mayor and city council; (4) A person residing in Ward I of the City of College Park, to be nominated by the Ward 1 councilmember and approved by the city council; (5) A person residing in Ward 2 of the City of College Park, to be nominated by the Ward 2 councilmember and approved by the city council; (6) A person residing in Ward 3 of the City of College Park, to be nominated by the Ward 3 councilmember and approved by the city council; and (7) A person residing in Ward 4 of the City of College Park, to be nominated by the Ward 4 councilmember and approved by the city council. (b) Qualifications: All persons who have resided for at least six months within the limits of the City of College Park and the ward they are nominated to represent shall be eligible for appointment to membership of the authority. (c) Terms: (1) Notwithstanding any contrary provisions of subsection (b) of Section 3 of said constitutional amendment, the members ofthe authority shall henceforth serve terms that are concurrent with the term of office of the nominating city official. Should the nominating city official leave office through death, resignation, or otherwise, the term of the member of the authority nominated by said official shall terminate upon the nominating city official leaving office; (2) Any member of the authority may be selected and appointed to succeed himself or herself, so long as he or she remains qualified for the position; and
GEORGIA LAWS 2008 SESSION
3955
(3) In the event of a vacancy on the authority through death, resignation, or otherwise, the same shall be filled by the nomination of a qualified resident by the city official charged with nominating the vacating member, said nomination to be approved by the city council.
SECTION 2. (a) Nothing in this Act shall be construed as affecting or altering the term of office of any duly appointed member serving on the authority as of the effective date of this Act:
(1) As of the effective date of this Act, the term of April Wyatt is scheduled to end on December 31, 2008; and in accordance with paragraph (5) of subsection (a) of Section 1 of this Act, any vacancy occurring through death, resignation, the end of this authority term, or otherwise shall be filled by a qualified resident of Ward 2 nominated by the Ward 2 councilmember and approved by the city council; (2) As of the effective date of this Act, the term of Jeff Green is scheduled to end on December 31, 2008; and in accordance with paragraph (6) of subsection (a) of Section 1 of this Act, the vacancy occurring through death, resignation, the end of this authority term, or otherwise shall be filled by a qualified resident of Ward 3 nominated by the Ward 3 councilmember and approved by the city council. (3) As of the effective date of this Act, the term of authority member Jane Randolph is scheduled to end on December 31, 2009; and in accordance with paragraph (4) of subsection (a) of Section I of this Act, the vacancy occurring through death, resignation, the end of this authority term, or otherwise shall be filled by a qualified resident of Ward 1 nominated by the Ward 1 councilmember and approved by the city council; (4) As of the effective date of this Act, the term of Walt Bellamy is scheduled to end on December 31, 2010; and in accordance with paragraph (7) of subsection (a) of Section 1 of this Act, the vacancy occurring through death, resignation, the end of this authority term, or otherwise shall be filled by a qualified resident of Ward 4 nominated by the Ward 4 councilmember and approved by the city council; (5) As of the effective date of this Act, the term of authority member Subemia Willis is scheduled to end on December 31, 2010; and in accordance with paragraph (3) of subsection (a) of Section 1 of this Act, the vacancy occurring through death, resignation, the end of this authority term, or otherwise shall be filled by a qualified resident of the City of College Park selected by the mayor and city council; and (6) As of the effective date of this Act, the term of authority member Ambrose Clay is scheduled to end on December 31, 2008; and in accordance with paragraph (2) of subsection (a) of Section 1 of this Act, the vacancy occurring through death, resignation, the end of this authority term, or otherwise shall be filled by the mayor pro tempore of the City of College Park, ex officio, or his designated member from the city council of the City of College Park.
3956
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 3. This Act shall only affect and change henceforth the qualifications for and the selection of College Park Business and Industrial Development Authority membership. It shall in no way alter or amend the powers or duties of the authority or other provisions provided for in the constitutional amendment which created the authority.
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 is hereby given that there will be introduced at the 2008 Regular Session of the General Assembly of Georgia a bill to change the qualifications of membership to and the manner in which members shall be selected for the College Park Business and Industrial Development Authority; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
This 19th day of February, 2008.
s/Michael J. Williams City Attorney City of College Park
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 February 22, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JOE HECKSTALL Joe Heckstall Representative, District 62
GEORGIA LAWS 2008 SESSION
Sworn to and subscribed before me, this 6th day of March 2008.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 13, 2008.
3957
FLOYD COUNTY- BOARD OF ELECTIONS AND REGISTRATION; STAGGERED TERMS OF OFFICE.
No. 615 (Senate Bill No. 554).
AN ACT
To amend an Act creating a board of elections and registration for Floyd County, approved March 28, 1986 (Ga. L. 1986, p. 5289), so as to implement a system of staggered terms of office for the members of the board; to provide for the expiration of terms of certain members; to increase the time for appointing members to the board; 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 elections and registration for Floyd County, approved March 28, 1986 (Ga. L. 1986, p. 5289), is amended by revising Section 2 as follows:
'Section 2. (a) The board shall be composed of three members, each of whom shall be an elector and resident of Floyd County. Members of the board shall be appointed thereto by the Board of Commissioners of Floyd County, which shall, in addition, also designate one of those members to be the chairman of the board of elections and registration. (b) The member of the board who is in office on the effective date of this Act, specifically Donna Bojo, and any person appointed to fill a vacancy in such office, shall continue to serve until December 31, 2008, and until his or her successor is appointed and qualified. (c) The remaining two members of the board who are in office on the effective date of this Act, specifically Pete McDonald and Mardie Haynes Jackson, and any person appointed to
3958
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
fill a vacancy in such offices, shall continue to serve until December 31, 20 I0, and until their respective successors are appointed and qualified. (d) After the expiration of the terms of office pursuant to subsections (b) and (c) of this section, the successors to such expiring terms shall be appointed and qualified and take office the first day of January immediately following the expiration of the respective term and shall serve for terms of four years each and until their successors are duly appointed and qualified."
SECTION 2. Said Act is further amended by revising Section 3 as follows:
"Section 3. The appointment of each member by the Board of Commissioners of Floyd County shall be made by that member of the board filing an affidavit with the clerk of the Superior Court of Floyd County stating the name and residential address ofthe person appointed and certifying that such member has been duly appointed as provided in this Act. An affadavit designating a member as chairman of the board shall be submitted in the same manner and shall specify that such member has been appointed chairperson. The clerk shall record each certification on the minutes of the court and shall certify the name of each member to the Secretary of State and provide for the issuance of appropriate commissions to the members and chairman within the same time and in the same manner as provided by law for registrars. If the Board of Commissioners of Floyd County does not, in conformity with this Act, certify its appointment to the board no later than 60 days after the beginning of a term of office or within 60 days after the creation of a vacancy in that office, a vacancy shall be deemed to have been thereby created and the Governor, pursuant to Article V, Section II, Paragraph VIII(a) of the Constitution, shall fill such vacancy by making the appointment thereto and shall certify it as provided in this section, and the person so appointed shall serve out the unexpired term of office."
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 2008 session of the General Assembly of Georgia a bill to amend an Act creating a board of elections and registration for Floyd County, approved March 28, 1986 (Ga. L. 1986, p. 5289); and for other purposes.
This 4th day of March, 2008
GEORGIA LAWS 2008 SESSION
Senator Preston W. Smith 52nd District March 6.
3959
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Preston 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 Floyd County on March 6, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ PRESTON W. SMITH Preston Smith Senator, District 52
Sworn to and subscribed before me, this 6th day of March 2008.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My commission Expires Aug. 25, 2011 (SEAL)
Approved May 13, 2008.
CITY OF FRANKLIN SPRINGS- NEW CHARTER.
No. 616 (House Bill No. 1469).
AN ACT
To amend an Act providing a new charter for the City of Franklin Springs, approved April13, 1992 (Ga. L. 1992, p. 6180), so as to restate and reenact such charter; to provide for duties of the mayor and city manager; to revise provisions of the charter to conform with certain changes in law; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
3960
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION I. An Act providing a new charter for the City of Franklin Springs, approved April 13, 1992 (Ga. L. 1992, p. 6180), is amended by striking the charter in its entirety and inserting in lieu thereof the following:
8 ARTICLE I INCORPORATION AND POWERS
SECTION 1.10. Name.
This city and the inhabitants thereof are hereby constituted and declared a body politic and corporate under the name and style Franklin Springs, Georgia, and by that name shall have perpetual succession.
SECTION 1.11. Corporate Boundaries.
(a) The boundaries of this city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The boundaries of this city at all times shall be shown on a map, a written description or any combination thereof, to be retained permanently in the office of the mayor and to be designated, as the case may be: 'Official Map of the Corporate Limits of the City of Franklin Springs, Georgia.' Photographic, typed, or other copies of such map or description certified by the city manager shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (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 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.
GEORGIA LAWS 2008 SESSION
3961
SECTION 1.13. 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 of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city. (c) Building 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. (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 such other laws as are or may be hereafter 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 corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the Official Code of Georgia Annotated, 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. (g) 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. (h) 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. (i) 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.
3962
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(j) 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 ofsuch charges, taxes, or fees; and to provide for the manner and method of collecting such service charges. (k) 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 ofthe inhabitants ofthe city, and to provide for the enforcement ofsuch standards. (I) 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. (m) Health and Sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards. (n) 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 squares 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. (o) 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. (p) 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. (q) 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. (r) Municipal Property Ownership. To acquire, dispose of, and hold in trust or otherwise, any real, personal, or mixed property in fee simple or lesser interest, inside or outside the property limits of the city. (s) Municipal Property Protection. To provide for the preservation and protection of property and equipment ofthe city, and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof. (t) Municipal Utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports, cable television, 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.
GEORGIA LAWS 2008 SESSION
3963
(u) Nuisance. To define a nuisance and provide for its abatement whether on public or private property. (v) 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. (w) 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. (x) Police and Fire Protection. To exercise the power of arrest through duly appointed police, and to establish, operate, or contract for a police and a fire fighting agency. (y) 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. (z) 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. (aa) Public Peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances. (bb) Public Transportation. To organize and operate such public transportation systems as are deemed beneficial. (cc) Public Utilities and Services. To grant franchises or make contracts for public utilities and public services; and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations ofthe Public Service Commission. (dd) 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. (ee) Retirement. To provide and maintain a retirement plan for officers and employees of the city. (ff) 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 for
3964
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
private use; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands, and to impose penalties for failure to do so. (gg) 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. (hh) 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. (ii) 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 oflighting 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. (jj) Special Assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements. (kk) Taxes: Ad Valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation. (II) Taxes: Other. To levy and collect such other taxes as may be allowed now or in the future by law. (mm) 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. (nn) Urban Redevelopment. To organize and operate an urban redevelopment program. (oo) Other Powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated 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
GEORGIA LAWS 2008 SESSION
3965
powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the constitution or applicable Jaws of the State of Georgia.
SECTION 1.14. Exercise of Powers.
All powers, functions, rights, privileges, and immunities ofthe 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 the 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 four council members. The city council established shall in all respects be a successor to and continuation of the governing authority under prior law. The mayor and council members shall be elected in the manner provided by this charter.
SECTION 2.11. City Council Terms and Qualifications for Office.
The members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or council member unless they shall be 21 years of age on or before the date of the election and they shall have been a resident of the city for at least one year immediately prior to the date of the election of mayor or members of the city council; each shall continue to reside therein during their period of service and to be registered and qualified to vote in municipal elections of this city.
SECTION 2.12. Vacancy; Filling of Vacancies.
(a) Vacancies - The office of mayor or council member shall become vacant upon the occurrence of any event specified by the Constitution of the State of Georgia, Title 45 of the O.C.G .A., or such other applicable Jaws 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
3966
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
in the unexpired term, otherwise by an election, as provided for in Section 2.14 of this charter and in accordance with Titles 21 and 45 ofthe O.C.G.A., or such other applicable laws as are or may hereafter be enacted.
SECTION 2.13. Compensation and Expenses.
The mayor and council members shall receive compensation and expenses for their services as provided by ordinance.
SECTION 2.14. Conflicts of Interest; Holding Other Offices.
(a) Conflict oflnterest- No elected official, appointed officer, or employee ofthe city or any 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 their official duties or which would tend to impair the independence of their judgment or action in the performance of their 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 their official duties or would tend to impair the independence of their judgment or action in the performance of their official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which they are engaged without the proper legal authorization; or use such information to advance the financial or other private interest of themselves 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 their knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which they are 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. Valuables are defined as gifts worth over $50.00; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; and (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which they have financial interest. (b) Disclosure- Any elected official, appointed officer, or employee who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the city council. The mayor or any council member who has a private interest in any matter pending before the
GEORGIA LAWS 2008 SESSION
3967
city council shall disclose such private interest and such disclosure shall be entered on the records of the city council, and they shall disqualify themselves from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity. (c) 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. (d) 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 official. (e) Ineligibility of Elected Official - Except where authorized by law, neither the mayor nor any council member 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 they were elected. No former mayor and no former council member shall hold any compensated appointive office in the city until one year after the expiration of the term for which they were elected. (f) Political Activities of Certain Officers and Employees- No appointive 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. (g) 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 their office or position. (2) Any officer or employee of the city who shall forfeit their 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.
The city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof, and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as provided by ordinance.
3968
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2.16. General Power and Authority of the City Council.
Except as otherwise provided by the charter, the city council shall be vested with all the powers of government of this city as provided by Article I of this charter.
SECTION 2.17. 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, cable television 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. Oath of Office.
The oath of office shall be administered by a person duly authorized by law to administer oaths to the newly elected members as follows:
'I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (council member) of this city and that I will support and defend the charter thereof as well as the constitution and laws of the State of Georgia and of the United States of America.'
SECTION 2.19. Regular and Special Meetings.
(a) The city council shall hold regular meetings at such times and places as prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or two members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 24 hours in advance of the meeting. Such notice to council members shall not be required if the mayor and all council members are present when the special meeting is called. Such notice of any special meeting may be waived by a council member 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 council member's presence. Only the business stated in the call may be transacted at the special meeting without unanimous consent of such council members present.
GEORGIA LAWS 2008 SESSION
3969
(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 required by law.
SECTION 2.20. Rules of Procedure.
(a) The city council shall adopt its rules of procedure and order of business consistent with the provisions ofthis charter and shall provide for keeping a journal ofits proceedings, which shall be a public record. (b) All committees and committee chairmen and officers of the city council shall be appointed by the mayor and shall serve at the mayor's pleasure. The mayor shall have the power to appoint new members to any committee at any time.
SECTION 2.21. Quorum: Voting.
(a) Three council members 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 ~uch vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of a majority of council members present shall be required for the adoption of any ordinance, resolution, or motion. (b) In the event vacancies in office result in less than a quorum of council members holding office, then the remaining council members in office shall constitute a quorum and shall be authorized to transact business of the city council. A vote of a majority of the remaining council members shall be required for the adoption of any ordinance, resolution, or motion.
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 'The Council ofthe City of Franklin Springs hereby ordains .. .' and every ordinance shall so begin. (b) 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 in Section 2.24. Upon introduction ofany ordinance, the city clerk shall as soon as possible distribute a copy to the mayor and to each council member and shall file
3970
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
a reasonable number of copies in the office of the city clerk and at such other 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.
To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call ofthe mayor or two council members 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 a majority ofthe council members present shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.
SECTION 2.25. 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:
(I) The requirements of subsection (b) of Section 2.22 for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) A copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the city clerk pursuant to Section 2.26.
GEORGIA LAWS 2008 SESSION
3971
(b) Copies of any adopted code of technical regulations shall be made available by the city clerk for distribution or for purchase at a reasonable price.
SECTION 2.26. Signing; Authenticating; Recording; Codification; Printing.
(a) The city clerk shall authenticate, by his or her signature and record in full in a properly indexed book kept for 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 oflaw. 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 'Code of Ordinances, City of Franklin Springs, 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 oftechnical regulations and other rules and regulations included in the code.
SECTION 2.27. City Manager; Appointment; Qualifications; Compensation.
The city council may employ a city manager for an indefinite term and shall fix the city manager's compensation. The city manager shall be employed solely on the basis of the city manager's executive and administrative qualifications.
SECTION 2.28. Removal of City Manager.
The city manager is employed at will and may be summarily removed from office at any time by the city council.
3972
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2.29. Powers and Duties of the City Manager.
The city manager shall be the chief administrative officer of the city. The city manager shall be responsible to the mayor for the administration of all city affairs placed in the city manager's charge by and under this charter. As the chief 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 purpose of deliberating on the appointment, discipline, or removal of the city manager and have the right to take part in discussion but not vote; (4) See that all laws, provisions of this charter, and acts of the mayor and city council, subject to enforcement by the city manager or by officers subject to the city manager's direction and supervision, are faithfully executed; (5) Prepare and submit the annual operating budget and capital budget to the mayor and city council; (6) Submit to the mayor and city council and make available to the public the complete report on the finances and administrative activities of the city as of the end of each fiscal year; (7) Make such other reports as the mayor and city council may require concerning the operation of city departments, offices, and agencies subject to the city manager's direction and supervision; (8) Keep the mayor and city council fully advised as to the financial condition and future needs of the city, and make such recommendations to the 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 mayor and city council.
SECTION 2.30. Council Interference with Administration.
Except for purposes of inquiry and investigations under Section 2.15, 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
GEORGIA LAWS 2008 SESSION
3973
nor its members shall give orders to any such officer or employee, either publicly or privately.
SECTION 2.31. 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 the mayor shall be 21 years of age on or before the date of the election and the mayor shall have been a resident of the city for at least one year 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 the mayor's office on the same grounds and under the same procedure as for council members. The compensation of the mayor shall be established in the same manner as for council members.
SECTION 2.32. Chief Executive Officer.
The mayor shall be the chief executive officer of this city. He or she shall possess all of the executive power granted to the city under the constitution and laws of the State of Georgia, and all the executive powers contained in this charter.
SECTION 2.33. Powers and Duties of Mayor.
As the chief executive of this city, the mayor shall: (I) Preside at all meetings of the city council and be the head of the city for the purpose of service of process and for ceremonial purposes; (2) Be the official spokesperson for the city and chief advocate of policy; (3) Appoint and remove all officers, department heads, and employees of the city, except as otherwise provided in this charter; (4) Have power to administer oaths and to take affidavits; (5) Exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities; (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; (7) 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 he or she may deem expedient; (7) Call special meetings of the city council as provided in subsection (b) of Section 2.19;
3974
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(8) Perform such other duties as may be required by law, this charter, or by ordinance; (9) Approve or disapprove ordinances as provided in Section 2.36; (I 0) Provide for an annual audit of all accounts of the city; and (II) Require any department or agency of the city to submit written reports whenever he or she deems it expedient.
SECTION 2.34. Mayor Pro Tern, Election.
By a majority vote, the city council shall elect a council member to serve as mayor pro tern.
SECTION 2.35. Mayor Pro Tern, Power and Duties.
During the absence or disability of the mayor for any cause, the mayor pro tern or, in the mayor's absence or disability for any reason, any one of the council members chosen by a majority vote of the city council, shall be clothed with all the rights and privileges of the mayor and shall perform the duties of the office of the mayor so long as such absence or disability shall continue. Any such absence or disability shall be declared by majority vote of all council members.
SECTION 2.36. Submission of Ordinances to the Mayor; Veto Power.
(a) Every ordinance adopted by the city council shall be presented promptly by the city clerk to the mayor. (b) The mayor, within five calendar days ofreceipt of an ordinance, shall return it to the city clerk. 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 twelve o clock noon on the tenth calendar day after its adoption; if the ordinance is disapproved, the mayor shall submit to the city council a written statement of the mayor's reasons for the mayor's veto. The city clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor. (c) Ordinances vetoed by the mayor shall be presented by the city clerk to the city council at its next meeting. If the city council then or at its next general meeting adopts the ordinance by an affirmative vote of two-thirds of its members, it shall become law. (d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts 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 herein. The reduced part or parts shall be
GEORGIA LAWS 2008 SESSION
3975
presented to the city council as though disapproved and shall become law unless overridden by the council as provided in subsection (c) of 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, or alter all nonelective offices, positions of employment, departments, and agencies of the city, as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or by law, the heads 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 appointive officers and heads of departments shall receive such compensation as prescribed by ordinance. (d) There shall be a head of each department or agency who shall be its principal officer. Each department head shall, subject to the direction and supervision of the city manager, be responsible for the administration and direction of the affairs and operations of his or her department or agency. (e) All department heads under the supervision of the city manager shall be nominated by the city manager with confirmation of appointment by the mayor and council. The city manager may suspend or remove directors under his or her supervision which suspension shall be effective immediately following the city manager giving written notice of such action and the reasons therefor to the department head involved and to the city council. The department head involved may appeal to the city council which, after a hearing, may override the city manager's action by a vote of three council members.
SECTION 3.11. Boards, Commissions, and Authorities.
(a) The city council shall create by ordinances 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.
3976
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(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 created pursuant to paragraph (c) of this section 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 section 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 they have executed and filed with the city clerk an oath obligating themselves to faithfully and impartially perform the duties of their office, such oath to be prescribed by ordinance and administered by the mayor. (g) Any member of a board, commission, or authority may be removed from office for cause by a vote of three members of the city council. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairperson and one member as vice-chairperson, and may elect as its secretary one of its 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 city clerk.
SECTION 3.12. City Attorney.
The city council shall appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such city attorney or attorneys for services rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the 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 of the city attorney by virtue of the position as city attorney. The city attorney shall serve at the discretion ofthe city council.
GEORGIA LAWS 2008 SESSION
SECTION 3.13. City Clerk.
3977
The city council may appoint a city clerk who shall not be a council member. The city clerk shall be custodian of the official city seal, maintain council records required by this charter, and perform such other duties as may be required by the city council.
SECTION 3.14. City Treasurer.
The city council may appoint a financial officer to collect all taxes, licenses, fees, and other monies 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. The financial officer shall also be responsible for the general duties of a treasurer and fiscal officer.
SECTION 3.15. City Accountant.
The city council shall appoint a city accountant to perform the duties of an accountant. The city accountant shall serve at the discretion of the city council.
SECTION 3.16. 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. 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 3.17. Personnel Policies.
The city council shall adopt rules and regulations consistent with this charter concerning: (1) The method of employee selection and probationary periods of employment; (2) The administration of the position classification and pay plan, methods of promotion and application of service ratings thereto, and transfer of employees within the classification plan;
3978
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) Such dismissal hearings as due process may require; and (5) Such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs.
SECTION 3.18. Consolidation of Functions.
The council may consolidate any two or more of the positions of city clerk, city treasurer, city manager, city tax collector, or of 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.
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 Franklin Springs.
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 they shall have attained the age of21 years. All judges shall be appointed by the city council and shall serve at the discretion of the city council. (c) Compensation of the judges shall be fixed by ordinance. (d) Judges may be removed for cause by a vote of a majority of the members present of the city council. (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 required in Section 2.20.
SECTION 4.12. Convening.
The municipal court shall be convened at regular intervals as provided by ordinance.
GEORGIA LAWS 2008 SESSION
3979
SECTION 4.13. Jurisdiction, Powers.
(a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $300.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $3,500.00 or imprisonment for 90 days or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by state law or local ordinance. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost ofoperation, and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to the 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 his appearance and shall fail to appear at the time fixed for trial, his or her bond shall be forfeited by the judge presiding at such time, and an execution issued thereon by serving the defendant and the defendant's sureties with a rule nisi, at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city, or the property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (f) The municipal courts 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. (i) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to mayor's, recorder's, and police courts, and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations.
3980
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 Franklin 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 total the rules and regulations applicable to superior courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings.
ARTICLE 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-numbered years on the first Tuesday following the first Monday in November. (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 alternating with the first election so that a continuing body is created.
SECTION 5.12. Non-Partisan Elections.
Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party designations.
GEORGIA LAWS 2008 SESSION
3981
SECTION 5.13. Elections 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 council member shall become vacant for any cause whatsoever, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, that, if such vacancy occurs within 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 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) The mayor, council members, 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) By the vote of a majority of council members present 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 herein provided shall have the right of appeal from the decision of the city council to the Superior Court of Franklin 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 Franklin County following a hearing on a complaint seeking such removal brought by any resident of the City of Franklin Springs.
3982
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 ofthe city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, 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, professions, or callings for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18.
SECTION 6.13. Regulatory Fees; Permits.
The city council by ordinance shall have the power to require businesses or practitioners doing business in this city to obtain a permit for such activity from the city and pay a 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.
GEORGIA LAWS 2008 SESSION
3983
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 telecommunication 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 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 telecommunication companies, gas companies, transportation companies, and other similar organizations.
SECTION 6.15. Service Charges.
The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available within and without the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18.
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.
3984
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 6.17. Construction, Other Taxes.
This city shall be empowered to levy any other tax allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs.
SECTION 6.18. Collection of Delinquent Taxes and Fees.
The city council, by ordinance, may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi. fa.' s; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking city licenses for failure to pay any city taxes or fees; and providing for the assignment or transfer of tax executions.
SECTION 6.19. General Obligations Bonds.
The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken.
SECTION 6.20. Revenue Bonds.
Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued.
SECTION 6.21. Short-Term Loans.
The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law.
GEORGIA LAWS 2008 SESSION
SECTION 6.22. Fiscal Year.
3985
The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government.
SECTION 6.23. 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 program, and a capital budget, including requirements as to the scope, content, and form of such budgets and programs.
SECTION 6.24. 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 city manager shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as the city manager may deem pertinent. The operating budget and the capital improvements budget provided for in Section 6.28, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.
SECTION 6.25. Action by City Council on Budget.
(a) The city council may amend the operating budget proposed by the city manager; except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year, 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 30 days prior to the beginning of each 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 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
3986
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
fiscal year. Adoption ofthe budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.23. (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 6.26. Tax Levies.
Following adoption of the operating budget, the city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of this city.
SECTION 6.27. Changes in Appropriations.
The city council by ordinance may make changes in the appropriations contained in the current operating budget, at any regular meeting, special or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unexpended surplus.
SECTION 6.28. Capital Improvements Budget.
(a) On or before the date fixed by the city council, but no later than 45 days prior to the beginning of each fiscal year, the city manager shall submit to the city council a proposed capital improvements budget with the city manager's recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have the power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The city council shall not authorize an expenditure for the construction 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. (b) The city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year. No appropriation provided for in a prior capital improvements budget
GEORGIA LAWS 2008 SESSION
3987
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 improvements budget at any time during the fiscal year, accompanied by the city manager's recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by ordinance.
SECTION 6.29. 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 accounting principles. Any audit of any funds by the state or federal governments may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing costs to the public.
SECTION 6.30. 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 2.21.
SECTION 6.31. Sale of City Property.
(a) The city council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided 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 or city manager and adoption ofa 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 execute and deliver in the name of the city a deed conveying said cut off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights-of-way of said street, avenue, alley, or public place when such swap is deemed to be in the best interest of the city. All deeds and conveyances heretofore and hereafter so
3988
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.
ARTICLE VII GENERAL PROVISIONS
SECTION 7.10. Bonds for Officials.
The officers and employees of this city, both elective and appointive, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law.
SECTION 7.11. Prior Ordinances.
All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent with this charter are hereby declared valid and of full effect and force until amended or repealed by the city council.
SECTION 7.12. First Election Under This Charter.
The first election under this charter shall be held on the Tuesday next following the first Monday in November, 2009, at which time the positions presently held by Mayor Brian James, Charles Powell, and Thomas Turner shall be filled.
SECTION 7.13. Existing Personnel and Officers.
Except as specifically provided otherwise by this charter, all personnel and officers of the city and their rights, privileges, and powers shall continue beyond the time this charter takes effect for a period of 60 days before or during which the existing city council shall pass a transition ordinance detailing the changes in personnel and appointive officers required or desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition.
SECTION 7.14. 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
GEORGIA LAWS 2008 SESSION
3989
or cases shall be completed by such city agencies, personnel, or offices as may be provided by the city council.
SECTION 7.15. 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 7.16. 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 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 7.17. Repealer.
An Act incorporating the City of Franklin Springs in the County ofFranklin, enacted July 22, 1924 (Ga. L. 1924, p. 561), as amended in 1953, 1956, 1968, and 1992 is hereby repealed in its entirety and all amendatory acts thereto are likewise repealed in their entirety. All other laws and parts of laws in conflict with this charter are hereby repealed.
SECTION 7.18. Effective Date.
This charter shall become of full force and effect on June 1, 2008 .'
SECTION 2. This Act shall become effective on June I, 2008.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
3990
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
LEGAL NOTICE NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2008 session of the General Assembly of Georgia, a bill to amend the charter of the City of Franklin Springs, in the County ofFranklin, to provide for specific, duties ofthe City Manager and Mayor; to provide for changes to certain provisions of the charter to conform with revisions to state law since the 1992 revisions to said charter; and for all other purposes.
This 22nd day of February, 2008.
Michael S. Green, City Attorney City of Franklin Springs, 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 oflntention to Introduce Local Legislation was published in the Franklin County Citizen which is the official organ of Franklin County on February 28, 2008, 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 20th day of March 2008.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 13,2008.
GEORGIA LAWS 2008 SESSION
3991
CITY OF ATLANTA -URBAN ENTERPRISE ZONES; TAX EXEMPTION.
No. 617 (House Bill No. 1452).
AN ACT
To amend an Act providing for urban enterprise zones in the City of Atlanta and known as the "Atlanta Urban Enterprise Zone Act," approved March 24, 1988 (Ga. L. 1988, p. 4164), as amended, so as to require the Board of Commissioners of Fulton County to grant an exemption from certain ad valorem taxes for county purposes for property within a certain zone; to provide for said zone to be abolished; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for urban enterprise zones in the City of Atlanta and known as the "Atlanta Urban Enterprise Zone Act," approved March 24, 1988 (Ga. L. 1988, p. 4164), as amended, is amended by adding a new paragraph to subsection (d) of Section 8 to read as follows:
'(2.1) Notwithstanding any provision of this subsection to the contrary, the 'Fulton Cotton and Bag Mill Mixed-Use Enterprise Zone,' also known as the 'Fulton Bag and Cotton Mill Mixed-Use Enterprise Zone,' created by the Board of Commissioners of Fulton County by a resolution adopted on July 19, 1995, shall be exempt from Fulton County ad valorem taxes for county purposes in an amount equal to 60 percent of its taxable value for tax year 2008, 40 percent of its taxable value for tax year 2009, and 20 percent of its taxable value for tax year 2010. The Fulton Cotton and Bag Mill Mixed-Use Enterprise Zone shall be abolished atthe last moment of December 31, 201 0.'
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 2008 session of the General Assembly of Georgia a bill to amend an Act providing for urban enterprise zones in the City of Atlanta and known as the 'Atlanta Urban Enterprise Zone Act,' approved March 24, 1988 (Ga. L. 1988, p. 4164), as amended; and for other purposes.
3992
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Holmes, who on oath deposes and says that he is the Representative from District 61 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, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
sf BOB HOLMES Bob Holmes Representative, District 61
Sworn to and subscribed before me, this II th day of March 2008.
sf DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 13,2008.
CITY OF ATLANTA- HOMESTEAD EXEMPTION; CITY TAXES; INCREASE EXEMPTION; REFERENDUM.
No. 618 (House Bill No. 1192).
AN ACT
To amend an Act providing a homestead exemption from City of Atlanta ad valorem taxes for municipal purposes in the amount of $15,000.00 of the assessed value of the homestead for residents of that city, approved May 4, 1992 (Ga. L. 1992, p. 7007), so as to increase the exemption amount to $30,000.00 after a three-year phase-in period; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
GEORGIA LAWS 2008 SESSION
3993
SECTION 1. An Act providing a homestead exemption from City of Atlanta ad valorem taxes for municipal purposes in the amount of $15,000.00 of the assessed value of the homestead for residents of that city, approved May 4, 1992 (Ga. L. 1992, p. 7007), is amended by revising Section 2 as follows:
"SECTION 2. (a) Each resident of the City of Atlanta is granted an exemption on that person's homestead from all City of Atlanta ad valorem taxes for municipal purposes as follows:
(1) For the taxable year beginning on or after January 1, 2009, and prior to January 1, 2010, in the amount of $20,000.00 of the assessed value of that homestead; (2) For the taxable year beginning on or after January 1, 2010, and prior to January 1, 2011, in the amount of $25,000.00 of the assessed value of that homestead; and (3) For all taxable years beginning on or after January I, 2011, in the amount of $30,000.00 of the assessed value of that homestead. (b) The value of that property in excess of such exempted amount under subsection (a) of this section shall remain subject to taxation."
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Atlanta 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 Atlanta for approval or rejection. The municipal 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 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 Shall the Act be approved which increases the homestead exemption from City of Atlanta ad valorem taxes for municipal purposes from $15,000.00
( ) NO to $30,000.00 after a three-year phase-in period?"
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, 2009, and shall be applicable to all taxable years beginning on or after January I, 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 the City of Atlanta. It shall be the municipal election superintendent's duty to certify the result thereof to the Secretary of State.
3994
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 2008 session of the General Assembly of Georgia a bill to amend an Act providing a homestead exemption from City of Atlanta ad valorem taxes for municipal purposes in the amount of$15,000.00 ofthe assessed value of the homestead for residents of that city, approved May 4, 1992 (Ga. L. 1992, p. 7007), so as to increase the exemption amount to $50,000.00 after a five-year phase-in period; to provide for subsequent increases in the amount of such exemption; to eliminate certain restrictions only granting such exemption based upon digest increases; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; and for other purposes.
This 30th day of January,2008.
REPRESENTATIVE MARGARET KAISER 59TH DISTRICT
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Margaret Kaiser, who on oath deposes and says that she is the Representative from District 59 and further deposes and says that the attached Notice oflntention to Introduce Local Legislation was published in the Daily Report which is the official organ of Fulton County on February 5, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ MARGARET KAISER Margaret Kaiser Representative, District 59
GEORGIA LAWS 2008 SESSION
Sworn to and subscribed before me, this 11th day of February 2008.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 13, 2008.
3995
GLYNN COUNTY- HOMESTEAD EXEMPTION; SCHOOL TAXES; SENIOR CITIZENS; FULL VALUE; REFERENDUM.
No. 619 (Senate Bill No. 486).
AN ACT
To provide a homestead exemption from Glynn County School District ad valorem taxes for educational purposes for the full value of the homestead for residents of that school district who are 65 years of age or older and whose income does not exceed $40,000.00; 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 educational purposes" means all ad valorem taxes for educational purposes levied by, for, or on behalf of the Glynn County School District, including, but not limited to, ad valorem taxes to pay interest on and to retire county school district bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Income" means Georgia taxable net income determined pursuant to Chapter 7 of Title 48 of the O.C.G.A., as amended, for state income tax purposes. (4) "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 this Act is made.
3996
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) Each resident of the Glynn County School District who is a senior citizen shall be granted an exemption on that person's homestead from all Glynn County School District ad valorem taxes for educational purposes for the full value of that homestead. The exemption under this subsection shall only be granted if that persons income, together with the income of the spouse who also occupies and resides at such homestead, does not exceed $40,000.00 for the immediately preceding 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 Glynn County giving the person's age and such additional information relative to receiving such exemption as will enable the tax commissioner to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The tax commissioner shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G .A., as amended. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under this Act to notify the tax commissioner of Glynn County in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect any state ad valorem taxes, county ad valorem taxes for county purposes, municipal ad valorem taxes for municipal purposes, or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to Glynn County School District ad valorem taxes for educational purposes. (f) The exemption granted by this Act shall apply to all taxable years beginning on or after January I, 2009.
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Glynn County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Glynn County School District for approval or rejection. The election superintendent shall conduct that election on the date of the November, 2008, state-wide general election and shall issue the call and conduct that election as provided by general law. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Glynn County. The ballot shall have written or printed thereon the words:
GEORGIA LAWS 2008 SESSION
3997
"( ) YES ( ) NO
Shall the Act be approved which provides a homestead exemption from Glynn County School District ad valorem taxes for educational purposes for the full value of the homestead for residents of that school district who are 65 years of age or older and whose income does not exceed $40,000.00?"
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 I, 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 Glynn County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2007 session of the General Assembly of Georgia a bill to provide a homestead exemption from Glynn county School District ad valorem taxes for educational purposes for the full value of the homestead for residents of that school district who are 65 years of age or older and whose income does not exceed $40,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto to provide for a referendum, effective dates, and automatic repeal; and for other purposes.
This 6 day ofFeb, 08
Jeff Chapman, Senator Jeff Chapman 3rd District
3998
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jeff Chapman, who on oath deposes and says that he is the Senator from District 3rd 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 II, 2008, and that the notice requirements ofCode Section 28-1-14 have been met.
s/ JEFF CHAPMAN Jeff Chapman Senator, District 3rd
Sworn to and subscribed before me, this 19th day of February, 2008.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 13, 2008.
CITY OF ATLANTA- HOMESTEAD EXEMPTION; SCHOOL TAXES; INCREASE EXEMPTION; REFERENDUM.
No. 620 (House Bill No. 1191).
AN ACT
To amend an Act providing a homestead exemption from City of Atlanta independent school district ad valorem taxes for educational purposes in the amount of $15,000.00 of the assessed value of the homestead for residents of that school district, approved May 4, 1992 (Ga. L. 1992, p. 7003), so as to increase the exemption amount to $30,000.00 after a three-year phase-in period; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
GEORGIA LAWS 2008 SESSION
3999
SECTION 1. An Act providing a homestead exemption from City of Atlanta independent school district ad valorem taxes for educational purposes in the amount of$15,000.00 of the assessed value of the homestead for residents of that school district, approved May 4, 1992 (Ga. L. 1992, p. 7003), is amended by revising Section 2 as follows:
'SECTION 2. (a) Each resident of the City of Atlanta independent school district is granted an exemption on that person's homestead from all City of Atlanta independent school district ad valorem taxes for educational purposes as follows:
(1) For the taxable year beginning on or after January 1, 2009, and prior to January 1, 2010, in the amount of $20,000.00 of the assessed value of that homestead; (2) For the taxable year beginning on or after January 1, 2010, and prior to January 1, 2011, in the amount of $25,000.00 of the assessed value of that homestead; and (3) For all taxable years beginning on or after January 1, 2011, in the amount of $30,000.00 of the assessed value of that homestead. (b) The value of that property in excess of such exempted amount under subsection (a) of this section shall remain subject to taxation.'
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Atlanta 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 Atlanta independent school district for approval or rejection. The municipal 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 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 Shall the Act be approved which increases the homestead exemption from City of Atlanta independent school district ad valorem taxes for educational
( ) NO purposes from $15,000.00 to $30,000.00 after a three-year phase-in period?"
All persons desiring to vote for approval ofthe Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become offull force and effect on January 1, 2009, and shall be applicable to all taxable years beginning on or after 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.
4000
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
The expense of such election shall be borne by the City of Atlanta. 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 2008 session of the General Assembly of Georgia a bill to amend an Act providing a homestead exemption from City of Atlanta independent school district ad valorem taxes for educational purposes in the amount of $15,000.00 of the assessed value of the homestead for residents of that school district, approved May 4, 1992 (Ga. L. 1992, p.7003), so as to increase the exemption amount to $50,000.00 after a five-year phase-in period; to provide for subsequent increases in the amount of such exemption; to eliminate certain restrictions only granting such exemption based upon digest increases; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; and for other purposes.
This 30th day of January,2008.
REPRESENTATIVE MARGARET KAISER 59TH DISTRICT
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Margaret Kaiser, who on oath deposes and says that she is the Representative from District 59 and further deposes and says that the attached Notice oflntention to Introduce Local Legislation was published in the Daily Report which is the official organ of Fulton County on February 5, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
sf MARGARET KAISER Margaret Kaiser Representative, District 59
GEORGIA LAWS 2008 SESSION
4001
sworn to and subscribed before me, this 11th day of February 2008.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 13, 2008.
GILMER COUNTY- HOMESTEAD EXEMPTION; SCHOOL TAXES; SENIOR CITIZENS; FULL VALUE; REFERENDUM.
No. 621 (House Bill No. 1383).
AN ACT
To provide a homestead exemption from Gilmer County school district ad valorem taxes for educational purposes for the full value of the homestead for residents of that school district who are 65 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) As used in this Act, the term:
(1) "Ad valorem taxes for educational purposes" means all ad valorem taxes for educational purposes levied by, for, or on behalf of the Gilmer County school district, including, but not limited to, any ad valorem taxes to pay interest on and to retire county school district bonded indebtedness. (2) "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.
4002
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) Each resident of the Gilmer County school district who is a senior citizen is granted an exemption on that person's homestead from Gilmer County school district ad valorem taxes for educational purposes for the full value of the homestead. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless such person or person's agent files an application with the tax commissioner of Gilmer County, giving the person's age and such additional information relative to receiving such exemption as will enable the tax commissioner of Gilmer County to make a determination regarding the initial and continuing eligibility of such person for such exemption. The tax commissioner of Gilmer County shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the 0 .C .G .A., as amended. The exemption shall be automatically renewed from year to year as long as the person granted the homestead exemption under subsection (b) of this section occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty ofany person granted the homestead exemption under subsection (b) of this section to notify the tax commissioner of Gilmer County in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect any state ad valorem taxes, county ad valorem taxes for county purposes, municipal ad valorem taxes for municipal purposes, or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to Gilmer County school district ad valorem taxes for educational purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January I, 2009.
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent ofGilmer County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Gilmer 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 ofthe election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Gilmer County. The ballot shall have written or printed thereon the words:
GEORGIA LAWS 2008 SESSION
4003
"( ) YES Shall the Act be approved which provides a homestead exemption from Gilmer County school district ad valorem taxes for educational purposes for
( ) NO the full value of the homestead for residents of that school district who are 65 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 ofthe Act, Section I ofthis 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 ofthis Act shall not become effective, and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Gilmer 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 2008 session of the General Assembly of Georgia a bill to provide a homestead exemption from Gilmer County school district ad valorem taxes for educational purposes for the full value of the homestead for residents of that school district who are 65 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; and for other purposes.
This 22 day of February, 2008
David Ralston Representative 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
4004
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Local Legislation was published in the Times Courier which is the official organ of Gilmer County on February 28, 2008, and that the notice requirements ofCode Section 28-1-14 have been met.
s/ DAVID RALSTON David Ralston Representative, District 7
Sworn to and subscribed before me, this 3rd day of March 2008.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 13, 2008.
CITY OF UNION CITY- HOMESTEAD EXEMPTION; CITY TAXES; SENIOR CITIZENS; FULL VALUE; REFERENDUM.
No. 622 (House Bill No. 1I85).
AN ACT
To provide for a homestead exemption from City of Union City ad valorem taxes for municipal purposes for the full 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 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 Union City, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness.
GEORGIA LAWS 2008 SESSION
4005
(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 I 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 person's homestead from City ofUnion City ad valorem taxes for municipal purposes for the full value of that homestead. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless such person or person's agent files an application with the city clerk of the City of Union City giving the person's age and such additional information relative to receiving such exemption as will enable the city clerk of the City of Union City to make a determination regarding the initial and continuing eligibility of such person for such exemption. The city clerk of the City of Union City 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 person granted the homestead exemption under subsection (b) of this section 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) ofthis section to notify the city clerk of the City of Union City in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect any state ad valorem taxes, county ad valorem taxes for county purposes, 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 City of Union City 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, 2009.
SECTION 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 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 date of the November, 2008, state-wide general election and shall issue the call and conduct that election as provided by general law. The municipal election superintendent shall cause the date and purpose of the election to be published once a week
4006
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
for two weeks immediately preceding the date thereof in the official organ of Fulton County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which provides a homestead exemption from City of Union City ad valorem taxes for municipal purposes for the full value of
( ) NO the homestead for residents of that city who are 65 years of age or older?"
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 ofthe Act, Section I of this Act shall become offull force and effect on January I, 2009. If the Act is not so approved or if the election is not conducted as provided in this section, Section I ofthis Act shall not become effective, and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Union City. 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.
PUBLIC NOTICE Notice is hereby given that there will be introduced at the 2008 Regular Session of the General Assembly of Georgia a bill to provide for a homestead exemption from one hundred percent (100%) of the City of Union City ad valorem taxes for municipal purposes 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 of the procedures relating thereto; to provide for applicability; to provide for a referendum; to repeal conflicting laws; and for other purposes.
This 14th day of January, 2008.
s/ Patrick A. Stough 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
GEORGIA LAWS 2008 SESSION
4007
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 January 17,2008, and that the notice requirements of Code Section 28-1-14 have been met.
sf VIRGIL FLUDD Virgil Fludd Representative, District 66
Sworn to and subscribed before me, this 11th day of February 2008.
sf DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 13, 2008.
GLYNN COUNTY- HOMESTEAD EXEMPTION; SCHOOL TAXES; BASE YEAR; CONTINUATION OF EXEMPTION UNDER CERTAIN CIRCUMSTANCES; REFERENDUM.
No. 623 (House Bill No. 1285).
AN ACT
To amend an Act providing for a homestead exemption from Glynn County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead approved May 1, 2000 (Ga. L. 2000, p. 4616), as amended, so as to provide for circumstances when such exemption may continue to be received if the homestead is destroyed but repaired or rebuilt in similar size and value within two years; 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:
4008
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION I. An Act providing for a homestead exemption from Glynn County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead approved May 1, 2000 (Ga. L. 2000, p. 4616), as amended, is amended by revising subsection (b) of Section 1 as follows: "(b) Each resident of the Glynn County School District is granted an exemption on that person's homestead from Glynn County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value of the homestead. This exemption shall not apply to taxes assessed on improvements to the homestead or additional land that is added to the homestead after January 1 of the base year. If any real property is removed from the homestead, the base year assessed value shall be adjusted to reflect such removal and the exemption shall be recalculated accordingly. The value of that property in excess of such exempted amount shall remain subject to taxation. In the event the homestead is partially or completely destroyed by a natural disaster or by criminal act of a person other than the owner or member ofthe owner's family, the owner shall continue to receive the exemption provided for under this subsection calculated according to the existing base year assessed value without the need of establishing a new base year assessed value as long as the structure is repaired or rebuilt in such a manner as to be, in the determination of the board of tax assessors, of similar size and value as the initial structure within two years of the date the home was partially or completely destroyed in such disaster."
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Glynn County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors ofthe Glynn County School District for approval or rejection. The election superintendent shall conduct that election on the date of the 2008 presidential preference primary, 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 Glynn 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 Glynn County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead may continue to be received if the homestead is destroyed but repaired or rebuilt in similar size and value within two years?"
GEORGIA LAWS 2008 SESSION
4009
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 ofthe Act, Section I of this Act shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, Section I of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Glynn County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
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 2008 session of the General Assembly of Georgia a bill to amend and Act providing for a homestead exemption from Glynn County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead approved May I, 2000 (Ga. L. 2000, p. 4616), as amended; and for other purposes.
This 14 day of January, 2008.
Representative Jerry Keen I79th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jerry Keen, who on oath deposes and says that he is the Representative from District 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 14,2008, and that the notice requirements ofCode Section 28-1-14 have been met.
s/ JERRY KEEN Jerry Keen Representative, District 179
4010
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 19th day of February 2008.
sf DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 13, 2008.
FULTON COUNTY- HOMESTEAD EXEMPTION; COUNTY TAXES; INCREASE EXEMPTION; REFERENDUM.
No. 624 (House Bill No. 1190).
AN ACT
To amend an Act providing a homestead exemption from Fulton County ad valorem taxes for county purposes in the amount of$15,000.00 of the assessed value of the homestead for residents of that county, approved April20, 1992 (Ga. L. 1992, p. 6583), so as to increase the exemption amount to $30,000.00 after a three-year phase-in period; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing a homestead exemption from Fulton County ad valorem taxes for county purposes in the amount of $15,000.00 of the assessed value of the homestead for residents of that county, approved April20, 1992 (Ga. L. 1992, p. 6583), is amended by revising Section 2 as follows:
'SECTION 2. (a) Each resident of Fulton County is granted an exemption on that persons homestead from all Fulton County ad valorem taxes for county purposes as follows:
(1) For the taxable year beginning on or after January 1, 2009, and prior to January 1, 2010, in the amount of $20,000.00 of the assessed value of that homestead; (2) For the taxable year beginning on or after January 1, 2010, and prior to January 1, 2011, in the amount of $25,000.00 of the assessed value of that homestead; and
GEORGIA LAWS 2008 SESSION
4011
(3) For all taxable years beginning on or after January I, 20 II, in the amount of $30,000.00 of the assessed value of that homestead. (b) The value of that property in excess of such exempted amount under subsection (a) of this section shall remain subject to taxation."
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent ofFulton 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 date of the November, 2008, state-wide general election and shall issue the call and conductthatelection as provided by general law. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Fulton County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which increases the homestead exemption from Fulton County ad valorem taxes for county purposes from $15,000.00 to
( ) NO $30,000.00 after a three-year phase-in period?"
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 ofthe Act, Section I ofthis Act shall become of full force and effect on January I, 2009, and shall be applicable to all taxable years beginning on or after January I, 2009. 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 Fulton County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of Jaws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2008 session of the General Assembly of Georgia a bill to amend an Act providing a homestead exemption from Fulton county ad valorem taxes for county purposes in the amount of $15,000.00 of the assessed
4012
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
value of the homestead for residents of that county, approved April 20, 1992 (Ga. L. 1992, p. 6583), so as to increase the exemption amount to $50,000.00 after a five-year phase-in period; to provide for subsequent increases in the amount of such exemption; to eliminate certain restrictions only granting such exemption based upon digest increases; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; and for other purposes.
This 30th day of January,2008.
REPRESENTATIVE MARGARET KAISER 59TH DISTRICT
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Margaret Kaiser, who on oath deposes and says that she is the Representative from District 59 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 5, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ MARGARET KAISER Margaret Kaiser Representative, District 59
Sworn to and subscribed before me, this lith day of February 2008.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 13, 2008.
J
GEORGIA LAWS 2008 SESSION
4013
CITY OF ROSWELL- REDEVELOPMENT POWERS; REFERENDUM.
No. 625 (House Bill No. 944).
AN ACT
To authorize the City of Roswell 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 Roswell 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 ofthis Act is to authorize the City of Roswell 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 ofGeorgia of 1983, as amended, and to authorize the City of Roswell 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 Roswell 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 Roswell for approval or rejection. The election superintendent shall conduct that election on the date of the 2008 state-wide general primary 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 Roswell. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which authorizes the City of Roswell 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
4014
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 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, 2009. The expense of such election shall be borne by the City of Roswell. 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 2008 session of the General Assembly of Georgia a bill to authorize the City of Roswell to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law", as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws, and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harry Geisinger, who on oath deposes and says that he is the Representative 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 December 5, 2007, and that the notice requirements of Code Section 28-1-14 have been met.
s/ HARRY GEISINGER Harry Geisinger Representative, District 48
Sworn to and subscribed before me, this 17th day of December, 2007.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia
GEORGIA LAWS 2008 SESSION
My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 13, 2008.
4015
CITY OF COMMERCE- HOMESTEAD EXEMPTION; SCHOOL TAXES; SENIOR CITIZENS; INCREASE EXEMPTION; REFERENDUM.
No. 626 (House Bill No. 1334).
AN ACT
To amend an Act providing for a homestead exemption from City of Commerce independent school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value ofthe homestead for certain residents of that school district who are 62 years of age or over and an additional homestead exemption in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district who are 65 years of age or over and whose net income, excluding certain retirement income, does not exceed $18,000.00, approved April25, 2002 (Ga. L. 2002, p. 4349), so as to increase such additional exemption for such persons from $20,000.00 to $40,000; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for a homestead exemption from City of Commerce independent school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that school district who are 62 years of age or over and an additional homestead exemption in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district who are 65 years of age or over and whose net income, excluding certain retirement income, does not exceed $18,000.00, approved April 25, 2002 (Ga. L. 2002, p. 4349), is amended by revising paragraph (2) of subsection (a) of Section 2 as follows:
'(2) In addition to the exemption provided for in paragraph (I) of this subsection, each resident of the City of Commerce independent school district who is 65 years of age or over on or before January I of the year in which application for the exemption under this paragraph is made is granted an exemption on that person's homestead from all City of Commerce independent school district ad valorem taxes for educational purposes in the amount of $40,000.00 of the assessed value of that homestead."
4016
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Commerce 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 Commerce independent school district for approval or rejection. The municipal 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 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:
"( ) YES ( ) NO
Shall the Act be approved which amends the current homestead exemption from the City ofCommerce independent school district ad valorem taxes for educational purposes for residents of that school district who are 65 years of age or over and whose net income, excluding certain retirement income, does not exceed $18,000.00, by increasing the exemption amount from $20,000.00 to $40,000.00?"
All persons desiring to vote for approval ofthe Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section I ofthis Act shall become of full force and effect on January 1, 2009, and shall apply to all taxable years beginning on or after January I, 2009. If the Act is not so approved or if the election is not conducted as provided in this section, this Act shall not become effective and 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 Commerce. 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 2008 session of the General Assembly of Georgia a bill to amend an Act providing for a homestead exemption from City of Commerce independent school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that school district who are 62 years of age or over and an additional homestead exemption in the
GEORGIA LAWS 2008 SESSION
4017
amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district who are 65 years of age or over and whose net income, excluding certain retirement income, does not exceed $18,000.00, approved April 25, 2002 (Ga. L. 2002, p. 4349); and for other purposes.
This 8th day of February, 2008
Representative Tommy Benton 31st District
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 Harold which is the official organ of Jackson County on February 13,2008, 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 ofFebruary 2008.
s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)
Approved May 13, 2008.
4018
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
JACKSON COUNTY- HOMESTEAD EXEMPTION; SCHOOL TAXES; SENIOR CITIZENS; INCREASE EXEMPTION; REFERENDUM.
No. 627 (House Bill No. 1332).
AN ACT
To amend an Act providing a homestead exemption from Jackson County school district ad valorem taxes for educational purposes in the amount of$1 0,000.00 of the assessed value of the homestead for certain residents ofthat school district who are 62 years of age or over and an additional homestead exemption in the amount of$20,000.00 ofthe assessed value of the homestead for certain residents of that school district who are 65 years of age or over and whose net income, excluding certain retirement income, does not exceed $18,000.00, approved March 24, 1994 (Ga. L. 1994, p. 3758), as amended, particularly by an Act approved April30, 2002 (Ga. L. 2002, p. 4358), so as to provide for an additional $40,000.00 exemption for persons who are 65 years of age or over; to provide that both exemptions shall be subject to a net income limitation of $18,000.00 not including retirement income; 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 Jackson County school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that school district who are 62 years of age or over and an additional homestead exemption in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district who are 65 years of age or over and whose net income, excluding certain retirement income, does not exceed $18,000.00, approved March 24, 1994 (Ga. L. 1994, p. 3758), as amended, particularly by an Act approved April 30, 2002 (Ga. L. 2002, p. 4358), is amended by revising subsection (b) of Section 2 as follows:
"(b) In addition to the exemption provided for in subsection (a) of this section, each resident of the Jackson County school district who is 65 years of age or over on or before January I of the year in which application for the exemption under this subsection is made is granted an exemption on that persons homestead from all Jackson County school district ad valorem taxes for educational purposes in the amount of $40,000.00 of the assessee' value of that homestead."
GEORGIA LAWS 2008 SESSION
4019
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Jackson County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Jackson County school district for approval or rejection. The election superintendent shall conduct that election on the date of the November, 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 Jackson County. The ballot shall have written or printed thereon the words:
"( ) YES ( ) NO
Shall the Act be approved which amends the current homestead exemption from Jackson County school district ad valorem taxes for educational purposes for persons who are 65 years of age or over and whose net income, excluding certain retirement income, does not exceed $18,000.00, by increasing the exemption amount from $20,000.00 to $40,000.00?"
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 ofthe Act, Section 1 of this Act shall become of full force and effect on January 1, 2009, and shall be applicable to all taxable years beginning on or after January 1, 2009. Ifthe Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Jackson 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 2008 session of the General Assembly of Georgia a bill to amend an Act providing a homestead exemption from Jackson County school district ad valorem taxes for educational purposes in the amount of $10,000.00 ofthe assessed value ofthe homestead for certain residents of that school district who are 62 years of age or over and an additional homestead exemption in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district
4020
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
who are 65 years of age or over and whose net income, excluding certain retirement income, does not exceed $18,000.00, approved March 24, 1994 (Ga. L. 1994, p. 3758), as amended, particularly by an Act approved April 30, 2002 (Ga. L. 2002, p. 4358); and for other purposes.
This 8th day of February, 2008
Representative Tommy Benton 31st District
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 13, 2008, 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 February 2008.
s/ LAURA HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)
Approved May 13,2008.
GEORGIA LAWS 2008 SESSION
4021
IRWIN COUNTY- BOARD OF COMMISSIONERS; STAGGERED TERMS.
No. 628 (House Bill No. 1127).
AN ACT
To amend an Act creating the Board of Commissioners of Irwin County, approved February 16, 1933 (Ga. L. 1933, p. 571), as amended, particularly by an Act approved March 25, 1996 (Ga. L. 1996, p. 3611), so as to provide for staggered elections for the chairperson and members of the board; to provide for the submission of this Act to the United States Attorney General; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION l. An Act creating the Board of Commissioners oflrwin County, approved February 16, 1933 (Ga. L. 1933, p. 571), as amended, particularly by an Act approved March 25, 1996 (Ga. L. 1996, p. 3611), is amended by striking Section 2 and inserting in its place a new Section 2 to read as follows:
"SECTION 2. The chairperson and members of the board of commissioners serving on July 1, 2008, shall continue to serve for the remainder oftheir terms and until their successors are duly elected and qualified. The chairperson and those members of the board elected thereto from Commissioner Districts 1 and 3 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 oftheir respective successors. Those members of the board elected thereto from Commissioner Districts 2 and 4 in 2008 shall take office the first day ofJanuary immediately following that election and shall serve for initial terms of office which expire December 31, 2010, and upon the election and qualification of their respective successors. Those and all future successors to the chairperson and memhers of the board whose terms of office are to expire shall be elected at the 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. 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."
4022
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2. It shall be the duty ofthe governing authority oflrwin County to require the attorney therefor to submit this Act, pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, to the United States Attorney General for approval.
SECTION 3. This Act shall become effective on July 1, 2008.
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 2008 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Irwin County, approved February 16, 1933 (Ga. L. 1933, p. 571), as amended, particularly by an Act approved March 25, 1996 (Ga. L. 1996, p. 3611 ), so as to provide for staggered elections for the chairperson and members of the board; to provide for the submission of this Act to the United States Attorney General; to provide for an effective date; to repeal conflicting laws; and for other purposes.
This 22nd day of January, 2008.
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 154 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Ocilla Star which is the official organ oflrwin County on January 30, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JAY ROBERTS Jay Roberts Representative, District 154
GEORGIA LAWS 2008 SESSION
Sworn to and subscribed before me, this 4th day of February 2008.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 13, 2008.
4023
HENRY COUNTY- HENRY COUNTY DEVELOPMENT AUTHORITY; COMPENSATION.
No. 629 (House Bill No. 1487).
AN ACT
To amend an Act amending and restating an Act known as the "Henry County Development Authority Act," approved April 25, 2002 (Ga. L. 2002, p. 5046), so as to provide for an alternative procedure to compensate authority members; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act amending and restating an Act known as the "Henry County Development Authority Act," approved April25, 2002 (Ga. L. 2002, p. 5046), is amended by revising paragraph (1) of subsection (e) of Section 4 as follows:
'(e)(1) The compensation for the chairperson, vice-chairperson, secretary, and other members of the authority shall be set by the Board of Commissioners of Henry 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 hereby given that there will be introduced in the regular session of the 2008 Georgia General Assembly local legislation to amend the Act known as the "Henry County Development Authority Modernization Act," Ga. Laws 2002, p. 5046, which amended and
4024
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
restated the "Henry County Development Authority Act," Ga. Laws 1967, p. 2291, as amended.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Lunsford, who on oath deposes and says that he is the Representative from District II 0 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 March 22,2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JOHN LUNSFORD John Lunsford Representative, District II 0
Sworn to and subscribed before me, this 27th day of March, 2008.
s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)
Approved May 13, 2008.
CITY OF LAWRENCEVILLE- REDEVELOPMENT POWERS; REFERENDUM.
No. 630 (House Bill No. 1007).
AN ACT
To authorize the City ofLawrenceville to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution, as amended, 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 2008 SESSION
4025
SECTION 1. The City of Lawrenceville 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 Lawrenceville 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 Lawrenceville 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 Lawrenceville 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 Lawrenceville for approval or rejection. The municipal election superintendent shall conduct that election on any permissible referendum date not later than the November, 2008, state-wide general election and shall issue the call and conduct that election as provided by general law. The municipal election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ ofGwinnett County. The ballot shall have written or printed thereon the words:
"( ) YES ( ) NO
Shall the Act be approved which authorizes the City of Lawrenceville 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 Lawrenceville. 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.
4026
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 2008 session of the General Assembly of Georgia a bill to authorize the City of Lawrenceville to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b). Of the Constitution, as amended, 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 15 day of January, 2008.
-s- John Heard Representative John Heard I04th District
A BILL TO BE ENTITLED AN ACT
To authorize the City of Lawrenceville to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution, as amended, and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; 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 I.
The City of Lawrenceville 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 Lawrenceville 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 Lawrenceville 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 federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Lawrenceville 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
GEORGIA LAWS 2008 SESSION
4027
Lawrenceville for approval or rejection. The municipal election superintendent shall conduct that election on any permissible referendum date not later than the November, 2008, state-wide general election and shall issue the call and conduct that election as provided by general law. The municipal election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Gwinnett County. The ballot shall have written or printed thereon the words: "()YES ()NO Shall the Act be approved which authorizes the City of Lawrenceville 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 ofthis 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 Lawrenceville. It shall be the election superintendents'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, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Heard, who on oath deposes and says that he is the Representative from District 104 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 January 17, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JOHN HEARD John Heard Representative, District 104
4028
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 24th day of January 2008.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 13, 2008.
LIBERTY COUNTY- STATE COURT; SOLICITOR-GENERAL; COMPENSATION.
No. 631 (House Bill No. 1010).
AN ACT
To amend an Act establishing the State Court of Liberty County (formerly the City Court of Hinesville), approved August 9, 1916 (Ga. L. 1916, p. 232), as amended, particularly by an Act approved April13, 200 I (Ga. L. 200 I, p. 3765), so as to change the compensation ofthe solicitor-general ofthe 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 establishing the State Court of Liberty County (formerly the City Court of Hinesville), approved August 9, 1916 (Ga. L. 1916, p. 232), as amended, particularly by an Act approved Aprill3, 2001 (Ga. L. 2001, p. 3765), is amended by striking Section 5A in its entirety and inserting in its place a new Section 5A to read as follows:
'SECTION 5A. The solicitor-general of the State Court of Liberty County shall be paid a minimum annual salary in an amount equal to two-thirds of the minimum annual salary set by Section 4 of this Act for the judge of the State Court of Liberty County, together with such other supplements, if any, as may be deemed appropriate from time to time by the governing authority of Liberty County. Said salary shall be paid in equal monthly installments from the funds of Liberty County and shall be in lieu of all fees which the solicitor-general has heretofore received except those provided in Section 6. In the absence or disqualification
GEORGIA LAWS 2008 SESSION
4029
of the solicitor-general, the judge of the state court shall appoint a solicitor-general pro tempore, who shall be paid the amount on a pro rata basis which the solicitor-general would have received had said solicitor-general been serving."
SECTION 2. This Act shall become effective upon the passage of an Act establishing the office ofjudge for the State Court of Liberty County as a full-time position and providing for the nonpartisan election of such office.
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 2008 session of the General Assembly of Georgia a bill to amend an Act establishing the State Court of Liberty County (formerly the City Court of Hinesville), approved August 9, 1916 (Ga.L. 1916, p.232), as amended, particularly by an Act approved April 13, 2001, (Ga.L. 2001, p.2560) so as to set the salary for the Solicitor-General of Liberty county; and for other purposes.
This 14th day of January, 2008.
Representative AI Williams !65th District
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 oflntention to Introduce Local Legislation was published in the Costal Courier which is the official organ of Liberty County on January 18, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ AL WILLIAMS AI Williams Representative, District 165
4030
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 18th day of January, 2008.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 13, 2008.
LIBERTY COUNTY- HOMESTEAD EXEMPTION; SCHOOL TAXES; BASE YEAR; REVISE RESTRICTIONS; SURVIVING SPOUSE; REFERENDUM.
No. 632 (House Bill No. 1167).
AN ACT
To amend an Act providing for a homestead exemption from Liberty County School District ad valorem taxes for educational purposes, approved May 17, 2004 (Ga. L. 2004, p. 3821), so as to provide for certain restrictions to changing a property's base year assessment; to provide that such exemption may transfer to a surviving spouse; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for a homestead exemption from Liberty County School District ad valorem taxes for educational purposes, approved May 17, 2004 (Ga. L. 2004, p. 3821), is amended by revising subsections (b) and (d) as follows: '(b) Each resident of Liberty County is granted an exemption on that persons homestead from Liberty County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the adjusted base year assessed value of the homestead. This exemption shall not apply to taxes assessed on improvements to the homestead or additional land that is added to the homestead after January I of the base year. If any real property is removed from the homestead, the base year assessed value shall be adjusted to reflect such removal and the exemption shall be recalculated accordingly. The value of that property in excess of such exempted amount shall remain subject to taxation. Upon the county completing a valid assessment of a
GEORGIA LAWS 2008 SESSION
4031
property to determine such property's base year assessment, the county shall have six months to make any necessary adjustment to the original base year assessment. After six months any other assessment conducted to adjust the property's base year assessment shall not be valid! '(d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the tax commissioner of the county in the event that person for any reason becomes ineligible for that exemption. If the person claiming the exemption is married, the exemption shall automatically transfer to the surviving spouse of the person claiming the exemption; provided, however, that the surviving spouse continues to live in the homestead for which the exemption was claimed!
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 date of the November, 2008, state-wide general election, and shall issue the call and conduct that election as provided by general law. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Liberty County. The ballot shall have written or printed thereon the words:
"( ) YES ( ) NO
Shall the Act be approved which provides that a homestead exemption from Liberty County School District ad valorem taxes for educational purposes may be transferred to the surviving spouse upon the death of the person claiming exemption and provides the county a six-month period subsequent to a property's original base year assessment to adjust such assessment for any purpose?"
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, 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 Liberty County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
4032
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 2008 session of the General Assembly of Georgia a bill to amend an Act to provide for a homestead exemption from Liberty County School District ad valorem taxes for educational purposes, approved May 17, 2004 (Ga. L. 2004, p. 3821 ); and for other purposes.
This 24th day of Jan., 2008
Representative AI Williams !65th District
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 January 27, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ AL WILLIAMS AI Williams Representative, District 165
Sworn to and subscribed before me, this 4th day of February 2008.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
GEORGIA LAWS 2008 SESSION
4033
Approved May 13, 2008.
HALL COUNTY- HOMESTEAD EXEMPTION; SCHOOL TAXES; SENIOR CITIZENS; REFERENDUM.
No. 633 (House Bill No. 1411).
AN ACT
To amend an Act providing for homestead exemptions from Hall County school district ad valorem taxes for educational purposes for certain residents of that school district who are senior citizens, approved April 6, 1998 (Ga. L. 1998, p. 4281 ), as amended, so as to allow any person who is 62 to 70 years of age who receives the first exemption to automatically receive the second exemption upon reaching 70 years of age; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for homestead exemptions from Hall County school district ad valorem taxes for educational purposes for certain residents of that school district who are senior citizens, approved April6, 1998 (Ga. L. 1998, p. 4281 ), as amended, is amended by revising Section 2 as follows:
'SECTION 2. (a) Each resident of the Hall County school district who is disabled or at least 62 years of age but less than 70 years of age on or before January 1 of the year in which application for the exemption under this subsection is made is granted an exemption on that persons homestead from all Hall County school district ad valorem taxes for educational purposes in the amount of $30,000.00 of the assessed value of that homestead if that person's income, together with the income of the spouse of such person who resides within such homestead, does not exceed $25,000.00 for the immediately preceding taxable year. The unremarried surviving widow or widower who is at least 55 years of age shall continue to receive the exemption provided under this subsection so long as that unremarried surviving widow or widower continues to occupy the home as a residence and homestead, until such unremarried surviving widow or widower becomes 70 years of age or older and is otherwise qualified to receive the exemption under subsection (b) of this section. With respect to the exemption under this subsection, such unremarried surviving widow or
4034
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
widower shall remain subject to the income limitations specified in this subsection. The value of that property in excess of such exempted amount shall remain subject to taxation. (b) Each resident of the Hall County school district who is 70 years of age or older on or before January 1 of the year in which application for the exemption under this subsection is made is granted an exemption on that person's homestead from all Hall County school district ad valorem taxes for educational purposes for the full value of that homestead. The unremarried surviving widow or widower who is at least 65 years of age shall continue to receive the exemption provided under this subsection so long as that unremarried surviving widow or widower continues to occupy the home as a residence and homestead.
(c)(l) In order to qualify for the exemption provided for in subsection (a) of this section as being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G .A., as amended, certifying that in the opinion of such physician or physicians such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Such certificate or certificates shall constitute part of and be submitted with the application provided for in paragraph (2) of this subsection. (2) Any person who has applied for or is receiving the exemption under subsection (a) of this section shall be automatically eligible for the exemption under subsection (b) of this section upon properly meeting the age qualification without applying therefor. Otherwise, a person shall not receive the homestead exemption granted by subsection (a) or (b) of this section unless such person or persons agent files an affidavit with the tax commissioner of Hall County giving such persons age and, if required, the amount of income which such person and such person's spouse residing within such homestead received during the last taxable year and such additional information relative to receiving such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose.'
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Hall County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Hall County school district for approval or rejection. The election superintendent shall conduct that election on the date of the November, 2008, 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 Hall County. The ballot shall have written or printed thereon the words:
GEORGIA LAWS 2008 SESSION
4035
"( ) YES ( ) NO
Shall the Act be approved which amends the Hall County school district homestead exemptions for senior citizens by allowing any person who is 62 to 70 years of age who receives the first exemption to automatically receive the second exemption upon reaching 70 years of age?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section I shall become of full force and effect on January I, 2009, and shall be applicable to all taxable years beginning on or after January I, 2009. If the Act is not so approved or if the election is not conducted as provided in this section, Section I of this Act shall not become effective, and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Hall County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2008 session of General Assembly ofGeorgia a bill to amend an Act providing homestead exemptions from Hall county district ad valorum taxes for educational purposes for certain residents ofthat school district who are senior citizens, approved April6, 1998 (Ga. L. 1998, p.4281 ), as amended; and for other purposes. This 28th day of Feb, 2008
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 1, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JAMES MILLS James Mills Representative, District 25
4036
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 5th day of March 2008.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 13, 2008.
JASPER COUNTY -BOARD OF COMMISSIONERS; UPDATE AND MODERNIZE PROVISIONS; MEETINGS, QUORUMS, AND OFFICERS; COUNTY MANAGER; BONDS; COMPENSATION; VACANCIES.
No. 634 (House Bill No. 1466).
AN ACT
To amend an Act creating the board of commissioners of Jasper County, approved July 23, 1923 (Ga. L. 1923, p. 255), as amended, so as to consolidate the amendatory Acts into one Act and to modernize and update such Act; to provide for a quorum; to provide for meetings; to provide for a chairperson and a vice-chairperson of the board; to provide for a county manager; to provide for bonds; to provide for compensation for board members; to provide for work detail; to provide for procedures regarding the filling of vacancies; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the board of commissioners of Jasper County, approved July 23, 1923 (Ga. L. 1923, p. 255), as amended, is amended by striking Sections I through 16 of the Act and inserting in lieu thereof the following:
'SECTION I. (a) There is established in Jasper County a board of commissioners, which shall be the governing authority of Jasper County and shall be composed of five members as provided in this section. For the purpose of electing members of the board, Jasper County is divided into five commissioner districts which shall be and correspond to those five numbered
GEORGIA LAWS 2008 SESSION
4037
districts described in and attached to and made a part of this Act and further identified as Plan Name: jasperpl Plan Type: Local User: staff Administrator: Jasper. 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 ofthe 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 ofJasper 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 Jasper County which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. 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.
(b)( I) One commissioner shall be elected from each commissioner district by the electors residing solely within each respective district. A commissioner must reside within the district from which such commissioner is elected. Candidates for the office of commissioner shall certify at the time of their qualification as candidates that they are residents of the commissioner district from which they seek election. (2) In all elections conducted pursuant to this Act, each candidate shall designate, at the time of qualifying, the district from which they offer as a candidate. To be elected as a member of the board, a candidate must receive the highest number of votes cast for the seat they are seeking; and, at the same time, a candidate must receive a majority of the total votes cast for the election of a commissioner to that seat. In the event no candidate for a particular seat receives a majority of the votes for the seat the candidate is seeking, a run-off election shall be conducted for that particular seat in accordance with the provisions of Chapter 2 of Title 21 ofthe O.C.G.A., the 'Georgia Election Code,' as now or hereafter amended. (c) The members of the board of commissioners in office on January I, 2008, shall continue to serve until the expiration of the terms for which they were elected, which terms shall expire December 3 I, 2008, and until successors are elected and qualified. At the general election in 2008, the members of the board shall be elected from Commissioner Districts I through 5 in accordance with the provisions of subsection (a) of this section to take office on January I, 2009, for terms as set forth in this Act and until their successors are elected and qualified. Thereafter, successors shall be elected in the general election in the year in which the terms of office expire and shall take office on the first day of January
4038
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
immediately following their election for terms as set forth in this Act and until their successors are elected and qualified.
SECTION 2. The term of the members of the board of commissioners shall be four years and such members shall be elected pursuant to Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'
SECTION 3. Any three commissioners shall constitute a quorum for the transaction of business, and they must concur to pass any order or decree.
SECTION 4. The board of commissioners shall have exclusive jurisdiction when sitting for county purposes over the following subject matter:
(I) Governing and controlling all the property of the county as they may deem expedient, according to law; (2) In levying a general tax for general and a special tax for particular county purposes, according to the provisions of the Code and the laws of Georgia; (3) In establishing, altering and abolishing roads, bridges and ferries in conformity to law; (4) In establishing and changing militia districts and election precincts; (5) In examining and allowing all claims against the county; (6) In examining and auditing the accounts of all officers having the care, management, keeping, collecting and disbursement ofmoney belonging to the county or appropriated for its use and benefit, and bringing them for a settlement; (7) In making such rules and regulations for the support of the poor of the county as are authorized by law, or not inconsistent therewith; and (8) In regulating peddling and fixing cost of license therefor, and such other powers as were vested by law in the inferior court, when sitting for county purposes, prior to the adoption of the present State Constitution, and shall have no jurisdiction save and except such as pertain to county matters.
SECTION 5. Said board of commissioners shall hold 12 regular sessions annually, to be held on the first Monday of each month, unless such day is a legal holiday, then on such day as the commissioners may direct, and at such times as the board of commissioners shall establish; provided, nevertheless, that a majority of said board may convene the same in extra sessions whenever in their judgment the same may be necessary.
GEORGIA LAWS 2008 SESSION
4039
SECTION 6. The chairperson of the board of commissioners shall be elected by majority vote of the commissioners at the first meeting of the board each year to serve a term of one year and
shall: (1) Preside at all meetings of the board; (2) Establish the agenda for each meeting of the board as directed by the individual board members; and (3) Execute all approved documents as chief executive of Jasper County.
SECTION 7. There shall be elected, by majority vote of the members of the board of commissioners at the first meeting of the board each year, a vice-chairperson who shall serve a term of one year and shall perform those duties of the commission chairperson, when said commission chairperson is in absentia.
SECTION 8. Said board of commissioners may elect a clerk to be known as the clerk of the board of commissioners of Jasper County, may prescribe the duties, fix the compensation as hereinafter provided and require a bond for the faithful performance of the clerk's duties, which said clerk shall hold office during the pleasure of said board; and it shall be the duty of the clerk of said board to attend the sessions of said commissioners, to keep a minute of the proceedings in a well-bound book to be provided at the expense of the county, and to perform such other duties as may be required by said board.
SECTION 9. Said board of commissioners may appoint a full-time manager to be known as the county manager of Jasper County, may prescribe the duties, fix the compensation, and require a bond for the faithful performance of the manager's duties, which said manager shall serve at the pleasure of said board; and it shall be the duty of the county manager to attend the sessions of said commissioners, and to perform such other duties as may be required by said board. At the board's discretion, the county manager may serve as the clerk of the board.
SECTION 10. Said board of commissioners or a majority ofthem shall have authority to approve all official bonds formerly required of the justices of the inferior court, and sent them by the Governor, with the dedimus to qualify such officers and deliver them their commissions.
SECTION II. Said board of commissioners shall be a body corporate, and may sue and be sued, plead and be impleaded, in all matters within their jurisdiction, as herein defined, but no judgment,
4040
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
order or decree of any court shall have effect against the individual property of any member of said board, but shall constitute a charge against said county.
SECTION 12. Each commissioner, before entering upon the discharge of their duties, shall be sworn by each other, and a record thereof entered in the book of minutes to be kept by them as hereinbefore provided, well and truly to discharge his or her duty as such.
SECTION 13. For the terms of office beginning January 1, 2009, the chairperson of the board shall receive the sum of $800.00 per month as base compensation. The other members shall each receive the sum of $600.00 per month as base compensation for their services. For all successive terms of office the compensation of the chair and the other board members shall be set by home rule as authorized by Article IX, Section II, Paragraph I of the Constitution of the State of Georgia. Expenses for official county business incurred outside of the county are to be reimbursed to the commissioners at the same rate as county employees.
SECTION 14. Each commissioner before entering upon the discharge of their duties, and each of their successors in office, shall give bond in the sum of$2,000.00 payable to the Governor ofthis State, said bonds be approved by the probate court judge ofJasper County, conditioned upon the faithful performance of their duty.
SECTION 15. Said board of commissioners are hereby authorized and directed to pay to the proper officers the actual cost in the case where misdemeanor convicts are sentenced to the work detail of said county, and served their term upon said work detail, provided, they are sentenced to said work detail for a period of three months or more.
SECTION 16. (a) In the event of a vacancy by death, resignation, permanent change of the residence of a commissioner from the district from which said commissioner was elected, or otherwise, such vacancy shall be filled for the remainder of the term by appointment of a resident of the vacated commissioner district by a majority vote of the remaining members of the board, provided the remaining term of office is less than 12 months, or by special election if the remaining term of office exceeds 12 months. Said election of the legal and qualified voters of the commissioner district shall be governed by the law, rules and regulations governing general elections. And the persons receiving the largest number of votes shall serve the remainder of the term thus rendered vacant.
GEORGIA LAWS 2008 SESSION
4041
(b) In the event a commissioner fails to attend six consecutive regular meetings, except for reason of military service, the board may declare said commissioner's seat vacant, and said vacancy shall be filled in accordance with subsection (a) of this section.'
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Plan Name: jasperpi Plan Type: Local User: staff Administrator: Jasper
Redistricting Plan Components Report
District 00 I Jasper County
Tract: 9903 BG: 1 1055 I083 I084 BG: 2 2047 2048 2049 2059 2060 2082 2088 2089 2090 209I 2092 2093 2094 2095 2096 2097 BG: 3 3075 3076 3077 3078 BG:4 4004 4005 4009 4010 401I 40I2 4013 40I4 40I5 40I6 40I7 40I8 40 I9 4020 402I 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 404I 4042 4043 4044 4045 4046 4047 4048 4049 4050 405I 4052 4053 4054 4055405649984999 Tract: 9904 BG: I I004I005 1006 I007 1008 I009 IOIO 10I1 IOI2 I013 IOI4 I015 102I I022 I025 I058 1059 1060 I06I I062 I063 I064 1065 1066 1067 1068 1076 I077 1998 1999
District 002 Jasper County
Tract: 9901 BG: I IOOO 1001 I002 I003 1004 I044 1045 I0461047 1052 I054 1055 I056 1057 I058 I059 1060 I06I 1062 I063 I064 1065 I066 1067 I068 I069 I070 107I I072 I079 I080 I081 I086 I087 I088 I089 I090 109II092I093I094I095 I096I0971099IIOO I1011I02
4042
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 111511161117111811191120112111221123112411251126 112711281129113011311132113311341135113611371138 1152 1153 1998 1999 Tract: 9902 BG: 1 1000 1040 1041 1042 1043 1044 1103 1104 1105 1106 1108 Tract: 9903 BG: 1 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 10411042 1046 1047 1050 1051 1052 1053 1054 1998 1999 BG: 2 2055 2056 2057 2086 2087 BG:4 4000 4006 4007 4008
District 003 Jasper County
Tract: 9901 BG: 1 109811391140114111421143114411451146114711481149 1150115111541155115611571158115911601161 Tract: 9902 BG: 1 1096 1097 Tract: 9903 BG: 1 1000 10011002 1003 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 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 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 BG: 2 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 20232041209820992100 BG: 3 300030013002302130223023302430253026302730283029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3041 3042
GEORGIA LAWS 2008 SESSION
3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 305530563057305830593060306130623063306430653066 3067 3068 3069 3070 3071 3072 3073 3074 3079 3080 3081 3996 3997 3998 Tract: 9904 BG: I 1000100110021003 10161017 1018 101910201023 10241026 1027 1028 1029 1030 10311032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 10511052 1053 1054 1055 1056 1057 1069 1070 1071 1072 1073 1074 1075 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 108810891090109110921093109410951096109710981099 II 00 110 I II 02 1103 1995 1996 1997
District 004 Jasper County
Tract: 9902 BG: I 102810291034103610391045104610471048105010511052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1070 1071 1072 1073 1074 1081 1082 1083 1084 1085 1086 1087 1090 1091 1092 1093 1094 1095 1098 1099 1100 1101 1102 1107 Tract: 9903 BG: I 1043 1044 1045 1048 1049 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2024 202520262027202820292030203120322033203420352036 2037 2038 2039 2040 2042 2043 2044 2045 2046 2050 2051 2052 2053 2054 2058 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2083 2084 2085 BG: 3 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3040 3999 BG:4 4001 4002 4003
District 005 Jasper County
Tract: 9901
4043
4044
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BG: 1 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 101710181019102010211022102310241025102610271028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1048 1049 1050 1051 1053 1073 1074 1075 1076 1077 1078 1082 1083 1084 1085 1162 1163 1164 1997 Tract: 9902 BG: 1 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 1030 1031 1032 1033 1035 1037 1038 1049 1063 1064 1065 1066 1067 1068 1069 1075 1076 1077 1078 1079 1080 1088 1089110919971998 1999
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2008 session of the General Assembly of Georgia a bill to creat the board of commissioners of Jasper County; to repeal an Act creating the board of commissioners of Jasper County, approved July 23, 1923 (Ga. L. 1923, p.255), as amended; and for other purposes
This 10 day of March, 2008.
Representative Jim Cole I 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 !25 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Monticello News which is the official organ of Jasper County on March 13, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JIM COLE Jim Cole Representative, District 125
GEORGIA LAWS 2008 SESSION
Sworn to and subscribed before me, this 20th day of March 2008.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 13, 2008.
4045
LIBERTY COUNTY- HOMESTEAD EXEMPTION; COUNTY TAXES; BASE YEAR; REVISE RESTRICTIONS; SURVIVING SPOUSE; REFERENDUM.
No. 635 (House Bill No. 1166).
AN ACT
To amend an Act providing for a homestead exemption from Liberty County ad valorem taxes for county purposes, approved May 17, 2004 (Ga. L. 2004, p. 3818), so as to provide for certain restrictions to changing a property's base year assessment; to provide that such exemption may transfer to a surviving spouse; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for a homestead exemption from Liberty County ad valorem taxes for county purposes, approved May 17, 2004 (Ga. L. 2004, p. 3818), is amended by revising subsections (b) and (d) as follows:
'(b) Each resident of Liberty County is granted an exemption on that person's homestead from Liberty County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the adjusted base year assessed value of the homestead. This exemption shall not apply to taxes assessed on improvements to the homestead or additional land that is added to the homestead after January I of the base year. If any real property is removed from the homestead, the base year assessed value shall be adjusted to reflect such removal and the exemption shall be recalculated accordingly. The value of that property in excess of such exempted amount shall remain subject to taxation. Upon the county completing a valid
4046
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
assessment of a property to determine such property's base year assessment, the county shall have six months to make any necessary adjustment to the original base year assessment. After six months any other assessment conducted to adjust the property's base year assessment shall not be valid." "(d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G .A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) ofthis section to notify the tax commissioner ofthe county in the event that person for any reason becomes ineligible for that exemption. If the person claiming the exemption is married, the exemption shall automatically transfer to the surviving spouse of the person claiming the exemption; provided, however, that the surviving spouse continues to live in the homestead for which the exemption was claimed.'
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 date of the November, 2008, state-wide general election, and shall issue the call and conduct that election as provided by general law. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Liberty County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which provides that a homestead exemption from Liberty County ad valorem taxes for county purposes may be transferred to
( ) NO
the surviving spouse upon the death of the person claiming exemption and provides the county a six-month period subsequent to a property's original base year assessment to adjust such assessment for any purpose?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes
cast on such question are for approval of the Act, Section I of this Act shall become offull force and effect on January I, 2009. 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 Liberty County. It shall
be the election superintendent's duty to certify the result thereof to the Secretary of State.
GEORGIA LAWS 2008 SESSION
4047
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 2008 session of the General Assembly of Georgia a bill to amend an Act to provide for a homestead exemption from Liberty County ad valorem taxes for county purposes, approved May 17, 2004 (Ga. L. 2004, p. 3821 ); and for other purposes.
This 24th day of January, 2008.
Representative AI Williams I65th District
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 oflntention to Introduce Local Legislation was published in the Costal Courier which is the official organ of Liberty County on January 27,2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ AL WILLIAMS AI Williams Representative, District 165
Sworn to and subscribed before me, this 4th day of February 2008.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
4048
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Approved May 13, 2008.
CITY OF JEFFERSON- HOMESTEAD EXEMPTION; SCHOOL TAXES; SENIOR CITIZENS; INCREASE EXEMPTION; REFERENDUM.
No. 636 (House Bill No. 1333).
AN ACT
To amend an Act providing a homestead exemption from City of Jefferson independent school district ad valorem taxes for educational purposes in the amount of$! 0,000.00 ofthe assessed value of the homestead for certain residents of that school district who are 62 years of age or over and an additional homestead exemption in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district who are 65 years of age or over and whose net income, excluding certain retirement income, does not exceed $18,000.00, approved April25, 2002 (Ga. L. 2002, p. 4353), so as to increase such additional exemption for such persons from $20,000.00 to $40,000.00; 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 City of Jefferson independent school district ad valorem taxes for educational purposes in the amount of$1 0,000.00 ofthe assessed value of the homestead for certain residents of that school district who are 62 years of age or over and an additional homestead exemption in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district who are 65 years of age or over and whose net income, excluding certain retirement income, does not exceed $18,000.00, approved April 25, 2002 (Ga. L. 2002, p. 4353), is amended by revising paragraph (2) of subsection (a) of Section 2 as follows:
"(2) In addition to the exemption provided for in paragraph (I) of this subsection, each resident of the City ofJefferson independent school district who is 65 years of age or over on or before January I of the year in which application for the exemption under this paragraph is made is granted an exemption on that person's homestead from all City of Jefferson independent school district ad valorem taxes for educational purposes in the amount of $40,000.00 of the assessed value of that homestead."
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City ofJefferson shall call and conduct an election as provided
GEORGIA LAWS 2008 SESSION
4049
in this section for the purpose of submitting this Act to the electors of the City of Jefferson independent school district for approval or rejection. The municipal 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 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 ofJackson County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which amends the current homestead exemption from the City of Jefferson independent school district ad valorem taxes for
( ) N0 educational purposes for residents of that school district who are 65 years of age or over and whose net income, excluding certain retirement income, does not exceed $18,000.00, by increasing the exemption amount from $20,000.00 to $40,000.00?"
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, 2009, and shall apply to all taxable years beginning on or after January 1, 2009. If the Act is not so approved or if the election is not conducted as provided in this section, this Act shall not become effective and 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 Jefferson. 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 2008 session of the General Assembly of Georgia a bill to amend an Act providing a homestead exemption from City of Jefferson independent school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that school district who are 62 years of age or over and an additional homestead exemption in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district who are 65 years of age or over and whose net income, excluding certain
4050
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
retirement income, does not exceed $18,000.00, approved April 25, 2002 (Ga. L. 2002, p. 4353); and for other purposes.
This 8th day of February, 2008
Representative Tommy Benton 31st District
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 ofJackson County on February 13, 2008, 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 2008.
sl LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)
Approved May 13, 2008.
HALL COUNTY- COMMUNITY IMPROVEMENT DISTRICTS; CREATE.
No. 637 (House Bill No. 1484). AN ACT
To provide for the creation of one or more community improvement districts in Hall County; to provide for a short title; to provide for the purposes of such districts; to provide for
GEORGIA LAWS 2008 SESSION
4051
definitions; to provide for boards to administer said districts; to provide for the appointment and election of members of such boards; to provide for taxes, fees, and assessments; to provide for the boundaries of such districts; to provide for debt of such districts including bonded indebtedness; to provide for cooperation with local governments; to provide for powers of such boards; to provide for construction; to provide that no notice, proceeding, publication, or referendum shall be required; to provide for dissolutions; to provide the procedures connected with all of the foregoing; to provide for severability; to provide for an effective date; to repeal conflicting Jaws; 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 "Hall County Community Improvement Districts Act of 2008."
SECTION 2. Purpose.
The purpose of this Act shall be to provide for the creation of one or more community improvement districts within unincorporated Hall County, and such districts shall be created for the provision of such of the following governmental services and facilities as may be provided for in the resolution activating each district created pursuant to this Act, or as may be adopted by a caucus of electors as defined in this Act:
(1) Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads; (2) Parks and recreational areas and facilities; (3) Storm water and sewage collection and disposal systems; (4) Development, storage, treatment, purification, and distribution of water; (5) Public transportation; (6) Terminal and dock facilities and parking facilities; and (7) Such other services and facilities as may be provided for by general law.
SECTION 3. Definitions. As used in this Act, the term: (1) "Agricultural" means the growing of crops for sale or the raising of animals for sale or use, including the growing of field crops and 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 each community improvement district authorized by this Act.
4052
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(3) "Caucus of electors" means for each district the meeting of electors as provided in this Act at which the elected board members of the district are elected or at which the governmental services and facilities to be provided by the district are determined. A quorum at such caucus shall consist of those electors present, and a majority of those present and voting shall be necessary to take action. No proxy votes may be cast. Notice of any such meeting shall be given to said electors and equity electors by publishing notice thereof in the legal organ of Hall County at least once each week for four weeks prior to such meeting. (4) "Cost of the project" or "cost of any project" means and includes:
(A) All costs of acquisition by purchase or otherwise, construction, assembly, installation, modification, renovation, or rehabilitation incurred in connection with any project or any part of any project; (B) All costs of real property, fixtures, or personal property used in or in connection with or necessary for any project or for any facilities related thereto, including, but not limited to, the cost of all land, estates for years, easements, rights, improvements, water rights, connections for utility services, fees, franchises, permits, approvals, licenses, and certificates; the cost of securing any such franchises, permits, approvals, licenses, or certificates; the cost of preparation ofany application therefor; and the cost ofall fixtures, machinery, equipment including all transportation equipment and rolling stock, furniture, and other property used in or in connection with or necessary for any project; (C) All financing charges and loan fees and all interest on bonds, notes, or other obligations of a district which accrue or are paid prior to and during the period of construction of a project and during such additional period as the board may reasonably determine to be necessary to place such project in operation; (D) All costs of engineering, surveying, architectural, and legal services and all expenses incurred by engineers, surveyors, architects, and attorneys in connection with any project; (E) All expenses for inspection of any project; (F) All fees of fiscal agents, paying agents, and trustees for bondholders under any trust agreement, indenture of trust, or similar instrument or agreement; all expenses incurred by any such fiscal agents, paying agents, and trustees; and all other costs and expenses incurred relative to the issuances of any bonds, notes, or other obligations for any project; (G) All expenses of or incidental to determining the feasibility or practicability of any project; (H) All costs of plans and specifications for any project; (I) All costs of title insurance and examinations of title with respect to any project; (J) Repayment of any loans made for the advance payment of any part of the foregoing costs, including interest thereon and any other expenses of such loans; (K) Administrative expenses of the board and such other expenses as may be necessary for or incidental to any project or the financing thereof or the placing of any project in operation; and
GEORGIA LAWS 2008 SESSION
4053
(L) The establishment of a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, or such other funds or reserves as the board may approve with respect to the financing and operation of any project and as may be authorized by any bond resolution, trust agreement, indenture of trust, or similar instrument or agreement pursuant to the provisions of which the issuance of any bonds, notes, or other obligations of the district may be authorized. Any cost, obligation, or expense incurred for any ofthe purposes outlined in this paragraph shall be a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of bonds, notes, or other obligations issued by the district. (5) "District" means the geographical area designated as such by the resolution of the governing body consenting to the creation of the community improvement district or as thereafter modified by any subsequent resolution of the governing body 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 to this Act as the context requires or permits. (6) "Electors" means the owners of real property used nonresidentially within the 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. 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. (7) "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," with reference to taxes, fees, and assessments levied by the board, means that the burden of the taxes, fees, and assessments shall be apportioned among the properties subject thereto based upon 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, or with respect to fees and assessments may be apportioned among the properties subject thereto in direct or approximate proportion to the receipt of services or benefits derived from the improvements or other activities for which the taxes, fees, or assessments are to be expended, or with respect to fees and assessments may be apportioned in any other manner or combination of manners deemed equitable by the board, including, but not limited to, the recognition of differential benefits which may reasonably be expected to accrue to new land development in contrast to lands and improvements already in existence at the time of creation of the community improvement district.
4054
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(8) "Equity electors" means electors who cast votes equal to each $1,000.00 of value of all owned real property within the district which is then subject to taxes, fees, and assessments levied by the board. The value of real property shall be the assessed value. In the event the owner shall be a corporation, trust, partnership, multiple owners, or any other entity, one person shall be designated as elector and such designation shall be made in writing. (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. Such 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. (I 0) "Project" means the acquisition, construction, installation, modification, renovation, or rehabilitation of land, interests in land, buildings, structures, facilities, or other improvements, including operation of facilities or other improvements, located or to be located within or otherwise providing service to the district and the acquisition, installation, modification, renovation, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement; the creation, provision, enhancement, or supplementing ofpublic services such as fire, police, and other services, provided that same do not conflict with or duplicate existing public services; and all for the essential public purposes set forth in Section 2 of this Act. (II) "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. Ownership as shown by the most recent ad valorem real property tax records of Hall County shall be prima-facie proof of ownership. Multiple owners of one parcel shall constitute one property owner and shall designate in writing one of their number to represent the whole. (12) "Property used nonresidentially" means property or any portion thereof used for neighborhood shopping, planned shopping center, general commercial, transient lodging facilities, tourist services, office or institutional, office services, light industry, heavy industry, central business district, parking, or other commercial or business use or vacant land zoned or approved for any of the aforementioned uses which do not include residential. (13) "Residential" means a specific work or improvement undertaken primarily to provide single-family or multifamily dwelling accommodations for persons and families and such community facilities as may be incidental or appurtenant thereto. (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.
GEORGIA LAWS 2008 SESSION
4055
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 unincorporated area of Hall County, Georgia, each of which shall be activated upon compliance with the conditions set forth in this section. Each district shall be governed by a board constituted by this Act. The conditions for such activation shall be:
(1) The adoption of a resolution consenting to the creation of each community improvement district by the governing authority of Hall County; 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 district which will be subject to taxes, fees, and assessments levied by the board of the district; and (B) The owners of real property within the district which constitutes at least 75 percent by value of all real property within the district which will be subject to taxes, fees, and assessments levied by the board. For this purpose, value shall be determined by the most recent approved county ad valorem tax digest. The written consent provided for in this paragraph shall be submitted to the tax commissioner of Hall County, who shall certify whether subparagraphs (A) and (B) of this paragraph have been satisfied with respect to each such proposed district. No district or board created under this Act shall transact any business or exercise any powers under this Act until the foregoing conditions are met. A copy of such resolutions shall be filed with the Secretary of State, who shall maintain a record of all districts activated under this Act, and with the Department of Community Affairs.
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 seven board members to be appointed and elected as provided in this section. Two board members shall be appointed by the governing authority ofHall County. Two board members shall be elected by vote of the 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 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 I and 2 shall be cast by electors and votes for posts 3, 4, and 5 shall be cast by equity electors. The initial term of office for the members representing posts I and 4 shall be one year. The initial term of office for the members representing posts 2 and 5 shall be two years, and the initial term of office of the members representing post 3 shall be three years. Thereafter, all terms of office for the elected board members shall be for three years. The appointed board members shall serve at the pleasure of the governing authority of Hall County. (b) The initial board members to be elected as provided in subsection (a) of this section shall be elected in a caucus of electors which shall be held within 90 days after the adoption ofthe
4056
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
resolutions and obtaining the written consents herein provided at such time and place within the district as the governing authority of Hall County shall designate after notice thereof has been given to said electors as provided in this Act. Thereafter, there shall be conducted biennially, not later than 60 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. (c) Board members shall be subject to recall as any other elected public official by the electors defined by this Act. (d) Board members shall receive no compensation for their services, but shall be reimbursed for actual expenses incurred in the performance of their duties. They shall elect one of their number as chairperson and another as vice chairperson. They shall also elect a secretary and a treasurer, or a secretary-treasurer, any of whom may, but need not, be a member of the board or an elector. (e) Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," shall not apply to the election of district board members. The district board may adopt such bylaws not inconsistent with this Act 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. 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 governmental services and facilities which are specially required by the degree ofdensity ofdevelopment within the district and not for the purpose of providing those governmental services and facilities provided to the county as a whole. Any tax, fee, or assessment so levied shall be collected by Hall County in the same manner as taxes, fees, and assessments are levied by Hall County. Delinquent taxes shall bear the same interest and penalties as Hall County ad valorem taxes and may be enforced and collected in the same manner. The proceeds of taxes, fees, and assessments so levied, less a fee to cover the costs of collection of 1 percent
GEORGIA LAWS 2008 SESSION
4057
of such proceeds, but not more than $25,000.00 in any one calendar year, shall be transmitted by Hall County to the board and shall be expended by the board only for the purposes authorized by this Act. (b) The board shall levy the taxes, fees, and assessments in subsection (a) of this section subsequent to the report of the assessed taxable values for the current calendar year and notify Hall County in writing so that the district levy may be included on Hall County's regular ad valorem tax bills. (c) If, but for this provision, a parcel of real property is removed from a district or otherwise would become nontaxable, it shall continue to bear its tax millage then extant upon such event for bonded indebtedness ofthe district then outstanding until said bonded indebtedness then outstanding is paid or refunded. (d) Each property owner paying taxes, fees, or assessments levied by the board for any public facility as set forth in Section 2 of this Act may receive a credit equal to the present value ofall such taxes, fees, and assessments toward any impact fee as may be levied by Hall County against such property for system improvements which are in the same category as said public facility in accordance with Chapter 71 of Title 36 of the O.C.G.A., the "Georgia Development Impact Fee Act." Application for such development impact fee credit may be granted by legislative action of the governing authority of Hall County in its discretion.
SECTION 7. Boundaries of the districts. (a) The boundaries of each district shall be as designated as such by the governing authority of Hall County as set forth in the resolutions required in Section 4 of this Act, or as may thereafter be added as provided in this Act. (b) The boundaries of a district may be increased after the initial creation of a district pursuant to the following: (I) Written consent of a majority of the owners of real property within the area sought to be annexed and which will be subject to taxes, fees, and assessments levied by the board of the district; (2) Written consent of owners of real property within the area sought to be annexed which constitutes at least 75 percent by value ofthe property 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; (3) The adoption of a resolution consenting to the annexation by the board of the district; and (4) The adoption of a resolution consenting to the annexation by the governing authority of Hall County.
4058
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 8. Debt.
Except as otherwise provided in this section, each district may incur debt without regard to the requirements of Article IX, Section V of the Constitution of Georgia, or any other provision of law prohibiting or restricting the borrowing of money or the creation of debt by political subdivisions 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.
SECTION 9. Cooperation with local governments. The services and facilities provided pursuant to this Act shall be provided for in a cooperation agreement executed jointly by the board and by Hall County. The provisions of this section shall in no way limit the authority of Hall County to provide services or facilities within the district; and Hall County 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 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) Each district and its board created pursuant to this Act shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this Act, including, without limiting the generality of the foregoing, the power:
(1) To bring and defend actions; (2) To adopt and amend a corporate seal; (3) To make and execute contracts, agreements, and other instruments necessary or convenient to exercise the powers of the board or to further the public purposes for which the district is created, including, but not limited to, contracts for construction of projects, leases of projects, contracts for sale of projects, agreements for loans to finance projects, contracts with respect to the use of projects, and agreements with other jurisdictions or community improvement districts regarding multijurisdictional projects or services or for other cooperative endeavors to further the public purposes of the district; (4) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character, or any interest therein, in furtherance of the public purposes of the district; (5) To finance by loan, grant, lease, or otherwise; to construct; erect; assemble; purchase; acquire; own; repair; remodel; renovate; rehabilitate; modify; maintain; extend; improve;
GEORGIA LAWS 2008 SESSION
4059
install; sell; equip; expand; add to; operate; or manage projects and to pay the cost of any project from the proceeds of the district or any other funds of the district, or from any contributions or loans by persons, corporations, partnerships whether limited or general, or other entities, all of which the board is authorized to receive, accept, and use; (6) To borrow money to further or carry out its public purposes and to execute bonds, notes, other obligations, leases, trust indentures, trust agreements, agreements for the sale ofits bonds, notes or other obligations, loan agreements, security agreements, assignments, and such other agreements or instruments as may be necessary or desirable, in the judgment of the board, to evidence and to provide security for such borrowing; (7) To issue bonds, notes, or other obligations of the district and use the proceeds 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 costs of the board incidental to, or necessary and appropriate to, furthering or carrying out such purposes; (8) To make application directly or indirectly to any federal, state, or county government or agency or to any other source, whether public or private, for loans, grants, guarantees, or other financial assistance in furtherance of the district s public purposes and to accept and use the same upon such terms and conditions as are prescribed by such federal, state, or county government or agency or other source; (9) To enter into agreements with the federal government or any agency thereof to use the facilities or services of the federal government or any agency thereof in order to further or carry out the public purposes of the district; (10) To contract for any period, not exceeding 50 years, with the State of Georgia, state institutions, or any municipal corporation, county, or political subdivision of this state for the use by the district of any facilities or services of the state or any such state institution, municipal corporation, county, or political subdivision of this state, or for the use by any state institution or any municipal corporation, county, or political subdivision ofthis 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) To receive and use the proceeds of any tax levied by any county to pay the costs of any project or for any other purpose for which the board may use its own funds pursuant hereto; (12) To receive and administer gifts, grants, and devises of money and property of any kind and to administer trusts; (13) To use any real property, personal property, or fixtures or any interest therein or to rent or lease such property to or from others or make contracts with respect to the use thereof or to sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant options for any such property in any manner as it deems to be the best advantage of the district and the public purposes thereof;
4060
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(14) To appoint, select, and employ engineers, surveyors, architects, urban or city planners, fiscal agents, attorneys, and others and to fix their compensation and pay their expenses; (15) To 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 Hall County; (16) To adopt bylaws governing the conduct of business by the board, the election and duties of officers of the board, and other matters which the board determines to deal with in its bylaws; (17) To exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purposes of the district; (18) To create, provide, enhance, or supplement public services such as fire, police, and other such services as may be deemed necessary, provided that said public services do not conflict with or duplicate existing Hall County services; and (19) To do all things necessary or convenient to carry out the powers conferred by this section. (b) The powers enumerated in each paragraph of subsection (a) of this section are cumulative of and in addition to those powers enumerated in this section and elsewhere in this Act, and no such power limits or restricts any other power of the board. (c) The powers enumerated in each paragraph of subsection (a) of this section are conferred for an essential governmental function for a public purpose, and the revenues and debt ofany district are not subject to taxation.
SECTION 11. Bonds generally. (a) Notes or other obligations issued by a district other than general obligation bonds shall be paid solely from the property pledged to pay such notes or other obligations. General obligation bonds issued by any district shall constitute a general obligation of the district to the repayment of which the full faith and credit and taxing power of the district shall be pledged. (b) All bonds, notes, and other obligations of any district shall be authorized by resolution of its board adopted by a majority vote of the board members at a regular or special meeting. (c) Bonds, notes, or other obligations shall bear such date or dates, shall mature at such time or times not more than 40 years from their respective dates, shall bear interest at such rate or rates which may be fixed or may fluctuate or otherwise change from time to time, shall be subject to redemption on such terms, and shall contain such other terms, provisions, covenants, assignments, and conditions as the resolution authorizing the issuance of such bonds, notes, or other obligations may permit or provide. The terms, provisions, covenants, assignments, and conditions contained in or provided or permitted by any resolution of the board authorizing the issuance of such bonds, notes, or other obligations shall bind the board members of the district then in office and their successors.
GEORGIA LAWS 2008 SESSION
4061
(d) The board shall have power from time to time and whenever it deems it expedient to refund any bonds by the issuance of new bonds, whether or not the bonds to be refunded have matured, and may issue bonds partly to refund bonds then outstanding and partly for any other purpose permitted by this Act. The refunding bonds may be exchanged for the bonds to be refunded, with such cash adjustments as may be agreed upon, or may be sold and the proceeds applied to the purchase or redemption of the bonds to be refunded. (e) There shall be no limitation upon the interest rates or any maximum interest rate or rates on any bonds, notes, or other obligations of any district; and the usury laws of this state shall not apply to bonds, notes, or other obligations of any district. (0 Bonds issued by a district may be in such form, either coupon or fully registered, or both coupon and fully registered, and may be subject to such exchangeability and transferability provisions as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide. (g) All bonds issued by a district pursuant to this Act shall be issued and validated under and in accordance with Article 3 of Chapter 82 of Title 36 of O.C.G .A., the "Georgia Revenue Bond Law." The signature of the clerk of the Superior Court of Hall County may be made on the certificate ofvalidation of such bonds by facsimile or by manual execution, stating the date on which such bonds were validated; and such entry shall be original evidence of the fact of judgment and shall be received as original evidence in any court in this state. (h) In lieu of specifying the rate or rates of interest which such bonds are to bear and the principal amount and maturities of such bonds, the notice to the district attorney or the Attorney General, the notice to the public of the time, place, and date of the validation hearing, and the petition and complaint for validation may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest which may be fixed or may fluctuate or otherwise change from time to time and that the principal amount will not exceed and the final maturity date will not be later than as specified in such notices and petition and complaint or may state that, in the event the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate which may be fixed or may fluctuate or otherwise change from time to time so specified; provided, however, that nothing in this subsection shall be construed as prohibiting or restricting the right of a board to sell such bonds at a discount, even if in doing so the effective interest cost resulting would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint. (i) The terms "cost of the project" and "cost of any project" shall have the meaning prescribed in this Act whenever those terms are referred to in bond resolutions of a board, in bonds, notes, or other obligations of the district, or in notices or proceedings to validate such bonds, notes, or other obligations of a district.
4062
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 12. Authorized contents of agreements and instruments; use of proceeds of sale bonds, notes,
and other obligations; subsequent issues of obligations. (a) Subject to the limitations and procedures provided by this section and by Section II of this Act, the agreements or instruments executed by a board may contain such provisions not inconsistent with law as shall be determined by the board. (b) The proceeds derived from the sale of all bonds, notes, and other obligations issued by a district shall be held and used for the ultimate purpose of paying, directly or indirectly as permitted by this Act, all or part of the cost of any project, or for the purpose of refunding any bonds, notes, or other obligations issued in accordance with this Act. (c) Issuance by a board of one or more series of bonds, notes, or other obligations for one or more purposes shall not preclude it from issuing other bonds, notes, or other obligations in connection with the same project or with any other projects; but the proceeding wherein any subsequent bonds, notes, or other obligations are issued shall recognize and protect any prior loan agreement, security agreement, or other agreement or instrument made for any prior issue of bonds, notes, or other obligations, unless in the resolution authorizing such prior issue the right is expressly reserved to the board to issue subsequent bonds, notes, or other obligations on a parity with such prior issue. (d) In the event that any district shall be terminated in accordance with this Act, the board shall serve until December 31 of the year in which termination shall be approved for the purpose of concluding any ongoing matters and projects, but, if such cannot be concluded by December 31, then the governing authority of the county shall assume the duties of the administrative board and shall be expressly authorized to exercise the authority of the administrative board. In the alternative, the governing authority of the county may, by resolution, assume all rights and obligations ofthe district, either bonds or otherwise, and the district shall cease to exist upon the adoption of such resolution.
SECTION 13. Construction; applicability of Chapter 5 of Title 10 of the O.C.G.A., the "Georgia
Securities Act of 1973;" notice, proceeding, publication, and referendum. This Act shall be liberally construed to effect the purposes hereof. The offer, sale, or issuance of bonds, notes, or other obligations by a district shall not be subject to regulation under Chapter 5 of Title I0 of the O.C.G.A., the "Georgia Securities Act of 1973." No notice, proceeding, or publication except those required hereby shall be necessary to the performance of any act authorized hereby, nor shall any such act be subject to referendum.
SECTION 14. Dissolution.
(a) Any district activated under the provisions of this Act may be dissolved. The conditions for such dissolution shall be:
GEORGIA LAWS 2008 SESSION
4063
(1) The adoption of a resolution approving of the dissolution of each community improvement district by the governing authority of Hall County; and (2) The written consent to the dissolution of the community improvement district by:
(A) Two-thirds of the owners of real property within the district that are subject to taxes, fees, and assessments levied by the board of the district; and (B) The owners of real property constituting at least 75 percent by value of all real property within the district that are subject to taxes, fees, and assessments levied by the board. For this purpose, value shall be determined by the most recently 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 each proposed district dissolution. (b) At the official caucus of electors at which board members are to be elected in the tenth year following creation of the district, and every tenth year thereafter, the question shall be put to the electors present to dissolve the community improvement district. Upon an affirmative vote of two-thirds of the electors present and voting, who shall represent at least 75 percent of the votes cast on the basis of value, the board shall send a ballot to each owner of property subject to taxes, fees, and assessments levied by the board for a vote on the dissolution. Upon receipt of ballots consenting to the dissolution from a majority of the property owners, who shall represent at least 75 percent of the assessed value of said properties, the board shall request dissolution by the governing authority and shall forward said ballots to the Hall County tax commissioner for certification. (c) In the event that successful action is taken pursuant to this section to dissolve the district, the dissolution shall become effective at such time as all debt obligations of the district have been satisfied. Following a successful dissolution action and until the dissolution becomes effective, no new projects may be undertaken, no new obligations or debts may be incurred, and no new property may be acquired. (d) Upon a successful dissolution action, all noncash assets of the district other than public facilities or land or easements to be used for such public facilities, as described in Section 2 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 Hall County. (e) When a dissolution becomes effective, the county governing authority shall take title to all property previously in the ownership of the district and all taxes, fees, and assessments of the district shall cease to be levied and collected. (f) A district may be reactivated in the same manner as an original activation.
SECTION 15. 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
4064
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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.
SECTION 16. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 17. General Repealer. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2008 session of the General Assembly of Georgia a bill to provide for the creation of one or more community improvement districts in Hall County; to provide for a short title; to provide for the purposes of such districts; to provide for definitions; to provide for boards to administer said districts; to provide for the appointment and election of members of such boards; to provide for taxes, fees, and assessments: to provide for the boundaries of such districts; to provide foe debt of such districts including bonded indebtedness; to provide for cooperation with local government; to provide for powers of such boards; to provide for construction; to provide that no notice, proceeding, publication or referendum shall be required; to provide for dissolutions; to provide the procedures connected with all of the foregoing; to provide severability; to provide for an effective date; to repeal conflicting Jaws and for other purposes.
This 12th day of March, 2008
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 March 14, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
GEORGIA LAWS 2008 SESSION
s/ JAMES MILLS James Mills Representative, District 25
Sworn to and subscribed before me, this 17th day of March 2008.
s! DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 13, 2008.
4065
CITY OF BREMEN- HOMESTEAD EXEMPTION; SCHOOL TAXES; SENIOR CITIZENS; REFERENDUM.
No. 638 (House Bill No. 1432).
AN ACT
To provide a homestead exemption from City of Bremen independent school district ad valorem taxes for educational purposes in the amount of$! 0,000.00 of the assessed value of the homestead for residents of that school district who are 62 years of age or older and whose income including the income of such person's spouse, excluding certain retirement income, does not exceed $1 0,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) As used in this Act, the term:
(I) "Ad valorem taxes for educational purposes" means all ad valorem taxes for educational purposes levied by, for, or on behalf of the City of Bremen independent school district, including, but not limited to, any ad valorem taxes to pay interest on and to retire independent school district bonded indebtedness.
4066
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Income" means Georgia taxable net income determined pursuant to Chapter 7 of Title 48 of the O.C.G.A., as amended, for state income tax purposes, except income shall not include income received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and such individual's spouse under the federal Social Security Act. Income from such sources in excess of such maximum amount shall be included as income for the purposes of this Act. (4) "Senior citizen" means a person who is 62 years of age or 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 Bremen independent school district who is a senior citizen is granted an exemption on that person's homestead from City ofBremen independent school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value ofthat homestead. The exemption under this subsection shall only be granted if that person's income, together with the income ofthe spouse who also occupies and resides at such homestead, does not exceed $10,000.00 for the immediately preceding year. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless such person or person's agent files an application with the governing authority of the City of Bremen, or the designee thereof, giving such person's age, income, and such additional information relative to receiving such exemption as will enable the governing authority of the City of Bremen, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such person for such exemption. The governing authority of the City of Bremen, 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 0 .C.G.A., as amended. The exemption shall be automatically renewed from year to year as long as the person granted the homestead exemption under subsection (b) of this section 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) ofthis section to notify the governing authority of the City of Bremen, or the designee thereof, in the event that person for any reason becomes ineligible for such exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect any state ad valorem taxes, county ad valorem taxes for county purposes, municipal ad valorem taxes for municipal purposes, or county school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in
GEORGIA LAWS 2008 SESSION
4067
addition to and not in lieu of any other homestead exemption applicable to City of Bremen independent school district ad valorem taxes for educational purposes. (t) The exemption granted by subsection (b) of this section 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 municipal election superintendent of the City of Bremen 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 Bremen independent school district for approval or rejection. The municipal election superintendent shall conduct that election on the date oftheN ovember 2008, state-wide general election and shall issue the call and conduct that election as provided by general law. The municipal election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of 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 Bremen independent school district ad valorem taxes for educational
( ) NO purposes in the amount of $10,000.00 of the assessed value of the homestead for residents of that school district who are 62 years of age or older and whose income including the income of such person's spouse, excluding certain retirement income, does not exceed $10,000.00?"
All persons desiring to vote for approval ofthe Act shall vote "Yes," and all persons desiring to vote for rejection 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, 2009. If the Act is not so approved or if the election is not conducted as provided in this section, Section I ofthis Act shall not become effective, and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Bremen. 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.
4068
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 2008 session of the General Assembly of Georgia a bill to provide a homestead exemption from City of Bremen independent school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for residents of that school district who are 62 years of age or older and whose income including the income of such person's spouse, excluding certain retirement income, does not exceed $1 0,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereof; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; and for other purposes.
Mark Butler Representative 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 oflntention to Introduce Local Legislation was published in the Haralson Gateway Beacon which is the official organ of Haralson County on March 6, 2008, 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 11th day of March 2008.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 13, 2008.
GEORGIA LAWS 2008 SESSION HALL COUNTY- STATE COURT; ADDITIONAL JUDGE.
4069
No. 639 (House Bill No. 1456).
AN ACT
To amend an Act creating the State Court of Hall County, approved August 14, 1891 (Ga. L. 1890-91, Vol. II, p. 939), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4461 ), so as to provide for an additional judge for said court after June 30, 2008; to provide for the initial appointment and subsequent election of such additional judge; to provide for terms of office; to provide for the qualifications and compensation of such additional 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 Hall County, approved August 14, 1891 (Ga. L. 1890-91. Vol. II, p. 939), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4461 ), is amended by revising Sections 2 and 2A as follows:
sECTION 2. (a) There shall be a judge of said state court, who shall be elected by the qualified voters of Hall County and who shall, after the first term of office hereinafter provided for, hold an office for the term of four years, and all vacancies in the office of judge, except as hereinafter provided, shall be filled by a special election called for that purpose, and any person so elected shall serve for the remainder of the unexpired term. (b) Effective July 1, 2008, there shall be three judges of the State Court of Hall County. The third judge added effective July 1, 2008, shall be appointed by the Governor for an initial term of office ending on December 31, 2010, and until his or her successor is elected and qualified. The successor to said judge shall be elected by the qualified voters of Hall County at an election to be held and conducted jointly with the general primary in 2010 and quadrennially thereafter pursuant to Code Section 21-2-138 of the O.C.G .A. The judge thus elected shall serve a four-year term and until such officer's successor is elected and qualified. (c) It shall be the duty of the Board of Commissioners of Hall County or other proper officers of said county to make provisions annually in levying taxes for this purpose. The qualifications of the judges of the State Court of Hall County shall be the same as those of a judge of the superior courts, and the laws prohibiting a superior court judge from engaging in the private practice oflaw shall be applicable to the judges of the State Court of Hall County.
4070
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2A. (a) The three judges of the State Court of Hall County shall each receive an annual salary equal to 90 percent of the gross salary as defined in subsection (b) of this section. (b) For the purposes of this section, the term 'gross salary' shall mean the annual salary received by a superior court judge from state funds only, effective January I, 1983, plus any increases in said annual salary for superior court judges from state funds only, on or after January I, 1983.'
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 introduces at the regular 2008 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Hall County approved August 14, 1891 (GA. L 1890-91, Vol. II, P. 939), as amended and for other purposes.
This 6th Day of March, 2008, Representative Doug Collins, 27th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Doug Collins, who on oath deposes and says that he is the Representative from District 27 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 13,2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ DOUG COLLINS Doug Collins Representative, District 27
Sworn to and subscribed before me, this 17th day of March 2008.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia
GEORGIA LAWS 2008 SESSION
4071
My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 13, 2008.
CITY OF SNELLVILLE- REDEVELOPMENT POWERS; REFERENDUM.
No. 640 (House Bill No. 1261).
AN ACT
To authorize the City of Snellville to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution, as amended, 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 Snellville 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 Snellville 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 Snellville 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 of Snellville may call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Snellville for approval or rejection. The municipal election superintendent may conduct that election on any permissible referendum date authorized pursuant to Section 21-2-540 ofthe O.C.G .A. but not later than theN ovember, 2009, state-wide general election and shall issue the call and conduct that election as provided by general law. The municipal election superintendent shall cause the date and purpose of the election to be published once a week for two weeks
4072
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 Snellville 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 Snellville. 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.
INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2008 session of the General Assembly of Georgia a bill to authorize the City of Snellville to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution, as amended, and Chapter 44 of Title 36 of the O.C.G.A., the jRedevelopment Powers Law,j as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; and for other purposes.
State Representative Melvin Everson I 06th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Melvin Everson, who on oath deposes and says that he is the Representative frolll District 106 and further deposes and says that the attached Notice oflntention to Introduce
GEORGIA LAWS 2008 SESSION
4073
Local Legislation was published in the Gwinnett Daily Post which is the official organ of Gwinnett County on February 8, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ MELYIN EVERSON Melvin Everson Representative, District 106
Sworn to and subscribed before me, this 15th day of February 2008.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 13, 2008.
CITY OF GAINESVILLE- COMMUNITY IMPROVEMENT DISTRICTS; CREATE.
No. 641 (House Bill No. 1483).
AN ACT
To provide for the creation of one or more community improvement districts in the City of Gainesville; to provide for a short title; to provide for the purposes of such districts; to provide for definitions; to provide for boards to administer said districts; to provide for the appointment and election of members of such boards; to provide for taxes, fees, and assessments; to provide for the boundaries of such districts; to provide for debt of such districts including bonded indebtedness; to provide for cooperation with local governments; to provide for powers of such boards; to provide for construction; to provide that no notice, proceeding, publication, or referendum shall be required; to provide for dissolutions; to provide the procedures connected with all of the foregoing; to provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
4074
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 1. Short title.
This Act shall be known and may be cited as the "the City of Gainesville Community Improvement Districts Act of 2008."
SECTION 2. Purpose.
The purpose of this Act shall be to provide for the creation of one or more community improvement districts within unincorporated the City of Gainesville, and such districts shall be created for the provision of such of the following governmental services and facilities as may be provided for in the resolution activating each district created pursuant to this Act, or as may be adopted by a caucus of electors as defined in this Act:
(I) Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads; (2) Parks and recreational areas and facilities; (3) Storm water and sewage collection and disposal systems; (4) Development, storage, treatment, purification, and distribution of water; (5) Public transportation; (6) Terminal and dock facilities and parking facilities; and (7) Such other services and facilities as may be provided for by general law.
SECTION 3. Definitions.
As used in this Act, the term: (1) "Agricultural" means the growing of crops for sale or the raising of animals for sale or use, including the growing of field crops and 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 each community improvement district authorized by this Act. (3) "Caucus of electors" means for each district the meeting of electors as provided in this Act at which the elected board members of the district are elected or at which the governmental services and facilities to be provided by the district are determined. A quorum at such caucus shall consist of those electors present, and a majority of those present and voting shall be necessary to take action. No proxy votes may be cast. Notice of any such meeting shall be given to said electors and equity electors by publishing notice thereof in the legal organ of Hall County at least once each week for four weeks prior to such meeting.
(4) "Cost of the project" or "cost of any project" means and includes:
GEORGIA LAWS 2008 SESSION
4075
(A) All costs of acquisition by purchase or otherwise, construction, assembly, installation, modification, renovation, or rehabilitation incurred in connection with any project or any part of any project; (B) All costs of real property, fixtures, or personal property used in or in connection with or necessary for any project or for any facilities related thereto, including, but not limited to, the cost of all land, estates for years, easements, rights, improvements, water rights, connections for utility services, fees, franchises, permits, approvals, licenses, and certificates; the cost of securing any such franchises, permits, approvals, licenses, or certificates; the cost of preparation ofany application therefor; and the cost of all fixtures, machinery, equipment including all transportation equipment and rolling stock, furniture, and other property used in or in connection with or necessary for any project; (C) All financing charges and loan fees and all interest on bonds, notes, or other obligations of a district which accrue or are paid prior to and during the period of construction of a project and during such additional period as the board may reasonably determine to be necessary to place such project in operation; (D) All costs of engineering, surveying, architectural, and legal services and all expenses incurred by engineers, surveyors, architects, and attorneys in connection with any project; (E) All expenses for inspection of any project; (F) All fees of fiscal agents, paying agents, and trustees for bondholders under any trust agreement, indenture of trust, or similar instrument or agreement; all expenses incurred by any such fiscal agents, paying agents, and trustees; and all other costs and expenses incurred relative to the issuances of any bonds, notes, or other obligations for any project; (G) All expenses of or incidental to determining the feasibility or practicability of any project; (H) All costs of plans and specifications for any project; (I) All costs of title insurance and examinations of title with respect to any project; (J) Repayment of any loans made for the advance payment of any part of the foregoing costs, including interest thereon and any other expenses of such loans; (K) Administrative expenses of the board and such other expenses as may be necessary for or incidental to any project or the financing thereof or the placing of any project in operation; and (L) The establishment of a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, or such other funds or reserves as the board may approve with respect to the financing and operation of any project and as may be authorized by any bond resolution, trust agreement, indenture of trust, or similar instrument or agreement pursuant to the provisions of which the issuance of any bonds, notes, or other obligations of the district may be authorized. Any cost, obligation, or expense incurred for any of the purposes outlined in this paragraph shall be a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of bonds, notes, or other obligations issued by the district.
4076
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(5) "District" means the geographical area designated as such by the resolution of the governing body consenting to the creation of the community improvement district or as thereafter modified by any subsequent resolution of the governing body 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 to this Act as the context requires or permits. (6) "Electors" means the owners of real property used nonresidentially within the 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 the City of Gainesville 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. 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. (7) "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," with reference to taxes, fees, and assessments levied by the board, means that the burden of the taxes, fees, and assessments shall be apportioned among the properties subject thereto based upon 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 or such other body designated by the governing authority of the City of Gainesville, or with respect to fees and assessments may be apportioned among the properties subject thereto in direct or approximate proportion to the receipt of services or benefits derived from the improvements or other activities for which the taxes, fees, or assessments are to be expended, or with respect to fees and assessments may be apportioned in any other manner or combination of manners deemed equitable by the board, including, but not limited to, the recognition of differential benefits which may reasonably be expected to accrue to new land development in contrast to lands and improvements already in existence at the time of creation of the community improvement district. (8) "Equity electors" means electors who cast votes equal to each $1,000.00 of value of all owned real property within the district which is then subject to taxes, fees, and assessments levied by the board. The value of real property shall be the assessed value. In the event the owner shall be a corporation, trust, partnership, multiple owners, or any other entity, one person shall be designated as elector and such designation shall be made in writing. (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
GEORGIA LAWS 2008 SESSION
4077
clearing, fertilizing, pruning, thinning, cruising, and marking which indicate an active tree farming operation. Such 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. (1O) "Project" means the acquisition, construction, installation, modification, renovation, or rehabilitation of land, interests in land, buildings, structures, facilities, or other improvements, including operation of facilities or other improvements, located or to be located within or otherwise providing service to the district and the acquisition, installation, modification, renovation, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement; the creation, provision, enhancement, or supplementing of public services such as fire, police, and other services, provided that same do not conflict with or duplicate existing public services; and all for the essential public purposes set forth in Section 2 of this Act. (ll) "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 City of Gainesville within the district. Ownership as shown by the most recent ad valorem real property tax records of the City of Gainesville shall be prima-facie proof of ownership. Multiple owners of one parcel shall constitute one property owner and shall designate in writing one of their number to represent the whole. (12) "Property used nonresidentially" means property or any portion thereof used for neighborhood shopping, planned shopping center, general commercial, transient lodging facilities, tourist services, office or institutional, office services, light industry, heavy industry, central business district, parking, or other commercial or business use or vacant land zoned or approved for any of the aforementioned uses which do not include residential. (13) "Residential" means a specific work or improvement undertaken primarily to provide single-family or multifamily dwelling accommodations for persons and families and such community facilities as may be incidental or appurtenant thereto. (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.
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 Gainesville each ofwhich shall be activated upon compliance with the conditions set forth in this section.
4078
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Each district shall be governed by a board constituted by this Act. The conditions for such activation shall be:
(1) The adoption of a resolution consenting to the creation of each community improvement district by the governing authority of the City of Gainesville; 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 district which will be subject to taxes, fees, and assessments levied by the board of the district; and (B) The owners of real property within the district which constitutes at least 75 percent by value of all real property within the district which will be subject to taxes, fees, and assessments levied by the board. For this purpose, value shall be determined by the most recent approved county ad valorem tax digest. The written consent provided for in this paragraph shall be submitted to the tax commissioner of Hall County, or such other body as designated by the governing authority of the City of Gainesville who shall certify whether subparagraphs (A) and (B) of this paragraph have been satisfied with respect to each such proposed district. No district or board created under this Act shall transact any business or exercise any powers under this Act until the foregoing conditions are met. A copy of such resolutions shall be filed with the Secretary of State, who shall maintain a record of all districts activated under this Act, and with the Department of Community Affairs.
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 seven board members to be appointed and elected as provided in this section. Two board members shall be appointed by the governing authority of the City of Gainesville. Two board members shall be elected by vote of the 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 1 and 2 shall be cast by electors and votes for posts 3, 4, and 5 shall be cast by equity electors. The initial term of office for the members representing posts 1 and 4 shall be one year. The initial term of office for the members representing posts 2 and 5 shall be two years, and the initial term of office of the members representing post 3 shall be three years. Thereafter, all terms of office for the elected board members shall be for three years. The appointed board members shall serve at the pleasure of the governing authority of the City of Gainesville. (b) The initial board members to be elected as provided in subsection (a) of this section shall be elected in a caucus of electors which shall be held within 90 days after the adoption ofthe resolutions and obtaining the written consents herein provided at such time and place within the district as the governing authority of the City of Gainesville shall designate after notice
GEORGIA LAWS 2008 SESSION
4079
thereof has been given to said electors as provided in this Act. Thereafter, there shall be conducted biennially, not later than 60 days following the last day for filing ad valorem real property tax returns in the City of Gainesville, 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. (c) Board members shall be subject to recall as any other elected public official by the electors defined by this Act. (d) Board members shall receive no compensation for their services, but shall be reimbursed for actual expenses incurred in the performance of their duties. They shall elect one of their number as chairperson and another as vice chairperson. They shall also elect a secretary and a treasurer, or a secretary-treasurer, any of whom may, but need not, be a member of the board or an elector. (e) Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," shall not apply to the election of district board members. The district board may adopt such bylaws not inconsistent with this Act 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. 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 governmental services and facilities which are specially required by the degree of density of development within the district and not for the purpose of providing those governmental services and facilities provided to the county as a whole. Any tax, fee, or assessment so levied shall be collected by the City of Gainesville in the same manner as taxes, fees, and assessments are levied by the City of Gainesville. Delinquent taxes shall bear the same interest and penalties as the City of Gainesville 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 I percent of such proceeds, but not more than $25,000.00 in any one calendar
4080
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
year, shall be transmitted by the City of Gainesville to the board and shall be expended by the board only for the purposes authorized by this Act. (b) The board shall levy the taxes, fees, and assessments in subsection (a) of this section subsequent to the report of the assessed taxable values for the current calendar year and notify the City of Gainesville in writing so that the district levy may be included on City of Gainesville's regular ad valorem tax bills. (c) If, but for this provision, a parcel ofreal property is removed from a district or otherwise would become nontaxable, it shall continue to bear its tax millage then extant upon such event for bonded indebtedness ofthe district then outstanding until said bonded indebtedness then outstanding is paid or refunded. (d) Each property owner paying taxes, fees, or assessments levied by the board for any public facility as set forth in Section 2 of this Act may receive a credit equal to the present value of all such taxes, fees, and assessments toward any impact fee as may be levied by the City of Gainesville against such property for system improvements which are in the same category as said public facility in accordance with Chapter 71 of Title 36 of the O.C.G.A., the "Georgia Development Impact Fee Act." Application for such development impact fee credit may be granted by legislative action of the governing authority of the City of Gainesville in its discretion.
SECTION 7. Boundaries of the districts.
(a) The boundaries of each district shall be as designated as such by the governing authority of the City of Gainesville as set forth in the resolutions required in Section 4 of this Act, or as may thereafter be added as provided in this Act. (b) The boundaries of a district may be increased after the initial creation of a district pursuant to the following:
(I) Written consent of a majority of the owners of real property within the area sought to be annexed and which will be subject to taxes, fees, and assessments levied by the board of the district; (2) Written consent of owners of real property within the area sought to be annexed which constitutes at least 75 percent by value of the property 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; (3) The adoption of a resolution consenting to the annexation by the board of the district; and
(4) The adoption of a resolution consenting to the annexation by the governing authority of the City of Gainesville.
GEORGIA LAWS 2008 SESSION
4081
SECTION 8. Debt.
Except as otherwise provided in this section, each district may incur debt without regard to the requirements of Article IX, Section V of the Constitution of Georgia, or any other provision oflaw prohibiting or restricting the borrowing of money or the creation of debt by political subdivisions 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.
SECTION 9. Cooperation with local governments.
The services and facilities provided pursuant to this Act shall be provided for in a cooperation agreement executed jointly by the board and by the City of Gainesville. The provisions of this section shall in no way limit the authority of the City of Gainesville to provide services or facilities within the district; and the City of Gainesville 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 city. 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) Each district and its board created pursuant to this Act shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this Act, including, without limiting the generality of the foregoing, the power:
(l) To bring and defend actions; (2) To adopt and amend a corporate seal; (3) To make and execute contracts, agreements, and other instruments necessary or convenient to exercise the powers of the board or to further the public 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;
4082
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(4) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character, or any interest therein, in furtherance of the public purposes of the district; (5) To finance by loan, grant, lease, or otherwise; to construct; erect; assemble; purchase; acquire; own; repair; remodel; renovate; rehabilitate; modify; maintain; extend; improve; install; sell; equip; expand; add to; operate; or manage projects and to pay the cost of any project from the proceeds of the district or any other funds of the district, or from any contributions or loans by persons, corporations, partnerships whether limited or general, or other entities, all of which the board is authorized to receive, accept, and use; (6) To borrow money to further or carry out its public purposes and to execute bonds, notes, other obligations, leases, trust indentures, trust agreements, agreements for the sale ofits bonds, notes or other obligations, loan agreements, security agreements, assignments, and such other agreements or instruments as may be necessary or desirable, in the judgment of the board, to evidence and to provide security for such borrowing; (7) To issue bonds, notes, or other obligations of the district and use the proceeds 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 costs of the board incidental to, or necessary and appropriate to, furthering or carrying out such purposes; (8) To make application directly or indirectly to any federal, state, or county government or agency or to any other source, whether public or private, for loans, grants, guarantees, or other financial assistance in furtherance of the district s public purposes and to accept and use the same upon such terms and conditions as are prescribed by such federal, state, or county government or agency or other source; (9) To enter into agreements with the federal government or any agency thereof to use the facilities or services of the federal government or any agency thereof in order to further or carry out the public purposes of the district; (I 0) To contract for any period, not exceeding 50 years, with the State of Georgia, state institutions, or any municipal corporation, county, or political subdivision of this state for the use by the district of any facilities or services of the state or any such state institution, municipal corporation, county, or political subdivision of this state, or for the use by any state institution or any municipal corporation, county, or political subdivision of 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; (II) To receive and use the proceeds of any tax levied by any county to pay the costs of any project or for any other purpose for which the board may use its own funds pursuant hereto; (12) To receive and administer gifts, grants, and devises of money and property of any kind and to administer trusts; (13) To use any real property, personal property, or fixtures or any interest therein or to rent or lease such property to or from others or make contracts with respect to the use
GEORGIA LAWS 2008 SESSION
4083
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; (14) To appoint, select, and employ engineers, surveyors, architects, urban or city planners, fiscal agents, attorneys, and others and to fix their compensation and pay their expenses; (15) To 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 Gainesville; (16) To adopt bylaws governing the conduct of business by the board, the election and duties of officers of the board, and other matters which the board determines to deal with in its bylaws; (17) To exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purposes of the district; (18) To create, provide, enhance, or supplement public services such as fire, police, and other such services as may be deemed necessary, provided that said public services do not conflict with or duplicate existing the City of Gainesville services; and (19) To do all things necessary or convenient to carry out the powers conferred by this section. (b) The powers enumerated in each paragraph of subsection (a) of this section are cumulative of and in addition to those powers enumerated in this section and elsewhere in this Act, and no such power limits or restricts any other power of the board. (c) The powers enumerated in each paragraph of subsection (a) of this section are conferred for an essential governmental function for a public purpose, and the revenues and debt ofany district are not subject to taxation.
SECTION 11. Bonds generally.
(a) Notes or other obligations issued by a district other than general obligation bonds shall be paid solely from the property pledged to pay such notes or other obligations. General obligation bonds issued by any district shall constitute a general obligation of the district to the repayment of which the full faith and credit and taxing power of the district shall be pledged. (b) All bonds, notes, and other obligations of any district shall be authorized by resolution of its board adopted by a majority vote of the board members at a regular or special meeting. (c) Bonds, notes, or other obligations shall bear such date or dates, shall mature at such time or times not more than 40 years from their respective dates, shall bear interest at such rate or rates which may be fixed or may fluctuate or otherwise change from time to time, shall be subject to redemption on such terms, and shall contain such other terms, provisions, covenants, assignments, and conditions as the resolution authorizing the issuance of such
4084
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
bonds, notes, or other obligations may permit or provide. The terms, provisions, covenants, assignments, and conditions contained in or provided or permitted by any resolution of the board authorizing the issuance of such bonds, notes, or other obligations shall bind the board members of the district then in office and their successors. (d) The board shall have power from time to time and whenever it deems it expedient to refund any bonds by the issuance of new bonds, whether or not the bonds to be refunded have matured, and may issue bonds partly to refund bonds then outstanding and partly for any other purpose permitted by this Act. The refunding bonds may be exchanged for the bonds to be refunded, with such cash adjustments as may be agreed upon, or may be sold and the proceeds applied to the purchase or redemption of the bonds to be refunded. (e) There shall be no limitation upon the interest rates or any maximum interest rate or rates on any bonds, notes, or other obligations of any district; and the usury laws of this state shall not apply to bonds, notes, or other obligations of any district. (f) Bonds issued by a district may be in such form, either coupon or fully registered, or both coupon and fully registered, and may be subject to such exchangeability and transferability provisions as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide. (g) All bonds issued by a district pursuant to this Act shall be issued and validated under and in accordance with Article 3 of Chapter 82 of Title 36 ofO.C.G.A., the "Georgia Revenue Bond Law." The signature of the clerk of the Superior Court of Hall County may be made on the certificate ofvalidation of such bonds by facsimile or by manual execution, stating the date on which such bonds were validated; and such entry shall be original evidence of the fact of judgment and shall be received as original evidence in any court in this state. (h) In lieu of specifying the rate or rates of interest which such bonds are to bear and the principal amount and maturities of such bonds, the notice to the district attorney or the Attorney General, the notice to the public of the time, place, and date of the validation hearing, and the petition and complaint for validation may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest which may be fixed or may fluctuate or otherwise change from time to time and that the principal amount will not exceed and the final maturity date will not be later than as specified in such notices and petition and complaint or may state that, in the event the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate which may be fixed or may fluctuate or otherwise change from time to time so specified; provided, however, that nothing in this subsection shall be construed as prohibiting or restricting the right of a board to sell such bonds at a discount, even if in doing so the effective interest cost resulting would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint. (i) The terms "cost of the project" and "cost of any project" shall have the meaning prescribed in this Act whenever those terms are referred to in bond resolutions of a board, in bonds, notes, or other obligations of the district, or in notices or proceedings to validate such bonds, notes, or other obligations of a district.
GEORGIA LAWS 2008 SESSION
4085
SECTION 12. Authorized contents of agreements and instruments; use of proceeds of sale bonds,
notes, and other obligations; subsequent issues of obligations.
(a) Subject to the limitations and procedures provided by this section and by Section II of this Act, the agreements or instruments executed by a board may contain such provisions not inconsistent with law as shall be determined by the board. (b) The proceeds derived from the sale of all bonds, notes, and other obligations issued by a district shall be held and used for the ultimate purpose of paying, directly or indirectly as permitted by this Act, all or part of the cost of any project, or for the purpose of refunding any bonds, notes, or other obligations issued in accordance with this Act. (c) Issuance by a board of one or more series of bonds, notes, or other obligations for one or more purposes shall not preclude it from issuing other bonds, notes, or other obligations in connection with the same project or with any other projects; but the proceeding wherein any subsequent bonds, notes, or other obligations are issued shall recognize and protect any prior loan agreement, security agreement, or other agreement or instrument made for any prior issue of bonds, notes, or other obligations, unless in the resolution authorizing such prior issue the right is expressly reserved to the board to issue subsequent bonds, notes, or other obligations on a parity with such prior issue. (d) In the event that any district shall be terminated in accordance with this Act, the board shall serve until December 31 of the year in which termination shall be approved for the purpose of concluding any ongoing matters and projects, but, if such cannot be concluded by December 31, then the governing authority of the City of Gainesville shall assume the duties of the administrative board and shall be expressly authorized to exercise the authority of the administrative board. In the alternative, the governing authority of the City of Gainesville may, by resolution, assume all rights and obligations of the district, either bonds or otherwise, and the district shall cease to exist upon the adoption of such resolution.
SECTION 13. Construction; applicability of Chapter 5 of Title I 0 of the O.C.G.A., the "Georgia
Securities Act of 1973;" notice, proceeding, publication, and referendum.
This Act shall be liberally construed to effect the purposes hereof. The offer, sale, or issuance of bonds, notes, or other obligations by a 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." 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.
4086
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 14. Dissolution.
(a) Any district activated under the provisions of this Act may be dissolved. The conditions for such dissolution shall be:
(I) The adoption of a resolution approving of the dissolution of each community improvement district by the governing authority of the City of Gainesville; and (2) The written consent to the dissolution of the community improvement district by:
(A) Two-thirds of the owners of real property within the district that are subject to taxes, fees, and assessments levied by the board of the district; and (B) The owners of real property constituting at least 75 percent by value of all real property within the district that are subject to taxes, fees, and assessments levied by the board. For this purpose, value shall be determined by the most recently approved county ad valorem tax digest. The written consent provided for in this paragraph shall be submitted to the Hall County tax commissioner or such other body designated by the governing authority of the City of Gainesville, who shall certify whether subparagraphs (A) and (B) ofthis paragraph have been satisfied with respect to each proposed district dissolution. (b) At the official caucus of electors at which board members are to be elected in the tenth year following creation of the district, and every tenth year thereafter, the question shall be put to the electors present to dissolve the community improvement district. Upon an affirmative vote of two-thirds of the electors present and voting, who shall represent at least 75 percent of the votes cast on the basis of value, the board shall send a ballot to each owner of property subject to taxes, fees, and assessments levied by the board for a vote on the dissolution. Upon receipt of ballots consenting to the dissolution from a majority of the property owners, who shall represent at least 75 percent of the assessed value of said properties, the board shall request dissolution by the governing authority and shall forward said ballots to the City of Gainesville tax commissioner or such other body designated by the governing authority of the Hall County for certification. (c) In the event that successful action is taken pursuant to this section to dissolve the district, the dissolution shall become effective at such time as all debt obligations of the district have been satisfied. Following a successful dissolution action and until the dissolution becomes effective, no new projects may be undertaken, no new obligations or debts may be incurred, and no new property may be acquired. (d) Upon a successful dissolution action, all noncash assets of the district other than public facilities or land or easements to be used for such public facilities, as described in Section 2 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 the City of Gainesville.
GEORGIA LAWS 2008 SESSION
4087
(e) When a dissolution becomes effective, the city governing authority shall take title to all property previously in the ownership ofthe district and all taxes, fees, and assessments ofthe district shall cease to be levied and collected. (f) A district may be reactivated in the same manner as an original activation.
SECTION 15. 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.
SECTION 16. Effective date.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 17. General Repealer.
All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2008 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 Gainesville; and for other purposes.
Denise 0. Jordan Gainesville City Clerk
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carl Rogers, who on oath deposes and says that he is the Representative from District 26 and further deposes and says that the attached Notice of Intention to Introduce
4088
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Local Legislation was published in the Times which is the official organ of Hall County on March 6, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ CARL ROGERS Carl Rogers Representative, District 26
Sworn to and subscribed before me, this 21st day of March 2008.
sf DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 13, 2008.
JASPER COUNTY- TAX COMMISSIONER; COMPENSATION.
No. 642 (Senate Bill No. 494).
AN ACT
To amend an Act consolidating the office of Tax Receiver and Tax Collector of Jasper County into the office of Tax Commissioner of Jasper County, approved March 26, 1935 (Ga. L. 1935, p. 703), as amended, so as to change certain provisions relating to the compensation of the tax commissioner; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act consolidating the office of Tax Receiver and Tax Collector of Jasper County into the office of Tax Commissioner of Jasper County, approved March 26, 1935 (Ga. L. 1935, p. 703), as amended, is amended by revising Section 6 as follows:
"SECTION 6. (a) The Tax Commissioner of Jasper County shall be compensated as provided pursuant to the applicable salary provisions of general law.
GEORGIA LAWS 2008 SESSION
4089
(b) The tax commissioner shall diligently and faithfully undertake to collect all fees, forfeitures, commissions, costs, allowances, penalties, funds, moneys, and all other emoluments and perquisites formerly allowed him or her as compensation for services in any capacity, and shall receive and hold the same in trust for said county as public moneys and shall pay the same into the county treasury on or before the 15th day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, the tax commissioner shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month by such officer and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof. (c) The tax commissioner shall be authorized to employ such assistants and other personnel as may be approved by the governing authority of Jasper County to assist in the performance of the duties of the tax commissioner's office. The compensation of such assistants and personnel shall be fixed by the governing authority of the county. It shall be within the sole power of the tax commissioner to name the persons to be employed as such assistants and personnel, to prescribe their duties and powers, and to remove or replace them with within his or her sole discretion and authority. (d) All expenses of the tax commissioner's office, expressly including the compensation of personnel, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities, and equipment, and the repair, replacement, and maintenance thereof, as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements shall be at the sole discretion of the governing authority of Jasper County."
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 2008 session of the General Assembly of Georgia a bill to amend an Act consolidating the office of Tax Receiver and Tax Collector of Jasper County into the office of Tax Commissioner of Jasper County, approved March 26, 1935 (Ga. L. 1935, p. 703), as amended; and for other purposes.
This 14th day of February, 2008.
4090
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Senator Johnny Grant 25th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Johnny Grant, who on oath deposes and says that he is the Senator from District 25 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Monticello News which is the official organ of Jasper County on February 14, 2008, and that the notice requirements ofCode Section 28-1-14 have been met.
s/ JOHNNY GRANT Johnny Grant Senator, District 25
Sworn to and subscribed before me, this 20th day of February, 2008.
s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)
Approved May 13, 2008.
HENRY COUNTY- STATE COURT; ADDITIONAL JUDGE.
No. 643 (House Bill No. 1099).
AN ACT
To amend an Act creating a State Court of Henry County, approved March 27, 1998 (Ga. L. 1998, p. 3954), as amended, particularly by an Act approved April 19, 2006 (Ga. L. 2006, p. 3611), so as to provide an additional judge for the State Court of Henry County; to provide for the appointment of the initial additional judge; to provide for the election of successors; to provide for terms of office of said additional judge and successors to such judge; to provide for the compensation and expenses of said additional judge; to
GEORGIA LAWS 2008 SESSION
4091
provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating a State Court of Henry County, approved March 27, 1998 (Ga. L. 1998, p. 3954), as amended, particularly by an Act approved Aprill9, 2006 (Ga. L. 2006, p. 3611 ), is amended by revising Section 11 as follows:
'SECTION 11. (a) Until July 1, 2008, there shall be three judges of the State Court of Henry County. The judges of the state court in office on January 1, 2008, shall continue to serve the term of office to which such judge was elected and until the election and qualification of his or her successor. (b) Effective July 1, 2008, there shall be four judges of the State Court of Henry County. The fourth judge added effective July 1, 2008, shall be appointed by the Governor for an initial term of office ending on December 31, 2010, and until his or her successor is elected and qualified. The successor to said judge shall be elected by the qualified voters of Henry County at a nonpartisan election to be held and conducted jointly with the general election in 2010 and quadrennially thereafter pursuant to Code Section 21-2-138 of the O.C.G.A. The judge thus elected shall serve a four-year term until such officer's successor is elected and qualified. (c) The judges of said court shall have such qualifications and shall be subject to such restrictions and discipline as provided in Chapter 7 ofTitle 15 ofthe O.C.G .A. Said judges shall be vested with the power and authority of the judges of the state courts by Chapter 7 of Title 15 of the O.C.G.A. (d) The judges shall devote their full time to the duties of said office and shall be paid a salary equal to 90 percent of the salary now or hereafter paid to the judges of the Superior Court of Henry County. Said salary shall be payable out of the funds of Henry County at the same intervals as installments are paid to other county employees. (e) The judge of the State Court of Henry 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 Henry County and such chiefjudge shall receive a salary supplement of $5,000.00 per annum to compensate him or her for the administrative duties imposed upon the chief judge."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
4092
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 2008 Session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Henry County so as to provide for a fourth judge to said Court; to provide for an effective date and automatically repealing conflicting law; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Stan Watson, who on oath deposes and says that he is the Representative from District 91 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 21,2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ STAN WATSON Stan Watson Representative, District 91
Sworn to and subscribed before me, this 23rd day of January 2008.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the 2008 Session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Henry County so as to provide for a fourth judge for said Court; to provide for an effective date and automatically repealing conflicting law; and for other purposes.
GEORGIA LAWS 2008 SESSION GEORGIA, FULTON COUNTY
4093
personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Lunsford, who on oath deposes and says that he is the Representative from District 110 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 21,2008, and that the notice requirements of Code Section 28-1-14 have been met.
sf JOHN LUNSFORD John Lunsford Representative, District 110
Sworn to and subscribed before me, this 23rd day of January 2008.
sf DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 13, 2008.
LAMAR COUNTY -LAMAR COUNTY WATER AND SEWER AUTHORITY; MEMBERSHIP.
No. 644 (House Bill No. 1472).
AN ACT
To amend an Act creating the Lamar County Water and Sewer Authority, approved March 21, 1989 (Ga. L. 1989, p. 3942), so as to provide that one sitting member ofthe Lamar County Board of Commissioners may be appointed as a member of the Lamar County Water and Sewer Authority; 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:
4094
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 1. An Act creating the Lamar County Water and Sewer Authority, approved March 21, 1989 (Ga. L. 1989, p. 3942), is amended by revising subsections (b) and (c) of Section 2 of said Act to read as follows:
"(b) The authority shall consist of five members to be appointed by the governing authority of Lamar County which appointments may include one sitting member of the Lamar County Board of Commissioners. Three members shall be appointed for initial terms of three years and two members shall be appointed for initial terms of two years. Thereafter, all appointments shall be made for terms ofthree years and until the successor is appointed and qualified. (c) Immediately after the passage of this Act and the appointment of the members by the governing body of Lamar County, the members of the authority shall enter upon their duties, and as soon as it is practicable thereafter, they shall hold an organizational meeting. The members of the authority shall elect one of their number as chairperson and another as vice chairperson. The members shall also elect a secretary and a treasurer, or a secretary-treasurer, who need not be members of the authority. Three members of the authority shall constitute a quorum. No vacancy on the authority shall impair the authority of the quorum to exercise all of the rights and powers of and perform all of the duties and obligations of the authority. The appointing governing authority may provide for compensation for the services of the members it appoints in such amounts as it may deem appropriate; provided, however, that such members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The authority may make rules and regulations and adopt bylaws for its own government. The authority 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 2008 session of the General Assembly of Georgia a bill to amend an Act creating the Lamar County Water and Sewer Authority, approved March 21, 1989 (Ga. L. 1989, p. 3942), so as to provide that one sitting member of the Lamar County Board of Commissioners may be appointed as a member of the Lamar County Water and Sewer Authority; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
This 5 day of February, 2008
Representative Billy Maddox !27th District
GEORGIA LAWS 2008 SESSION
4095
GEORGIA, FULTON COUNTY
personally appeared before me, the undersigned authority, duly authorized to administer oaths, Billy Maddox, who on oath deposes and says that he is the Representative from District 127 and further deposes and says that the attached Notice oflntention to Introduce Local Legislation was published in the Herald Gazette which is the official organ of Lamar County on February 5, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ BILLY MADDOX Billy Maddox Representative, District 127
Sworn to and subscribed before me, this 20th day of March 2008.
s/DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 13, 2008.
LAMAR COUNTY- JOINT BOARD OF ELECTIONS AND REGISTRATION; COMPOSITION OF BOARD; TERMS OF OFFICE; ELECTIONS AND PRIMARIES; SUPERVISOR OF ELECTIONS; TERM OF OFFICE.
No. 645 (House Bill No. 1471).
AN ACT
To amend an Act creating the Joint Board of Elections and Registration of Lamar County, approved May 14, 2007 (Ga. L. 2007, p. 3520), so as to revise the composition of the board; to provide for the continuation in office of persons serving as members of the board on a certain date; to eliminate term limits; to revise certain provisions relating to municipal primaries and elections; to provide for a four-year term for the supervisor of elections; to provide provisions for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes.
4096
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the Joint Board of Elections and Registration of Lamar County, approved May 14, 2007 (Ga. L. 2007, p. 3520), is amended by revising the last sentence of Section 1 to read as follows:
'Except as otherwise provided in this Act, the board shall have the powers, duties, and responsibilities of the judge of the 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 ofthe O.C.G.A., the "Georgia Election Code."'
SECTION 2. Said Act is further amended by revising Section 3 to read as follows:
'SECTION 3. (a) The board shall be composed of five members who shall be appointed as follows:
(1) One member of the board shall be appointed by the governing authority of Lamar County. 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; (2) One member of the board shall be appointed by the governing authority of the City of Barnesville. 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; (3) One member of the board shall be appointed by the 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 (4) 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 ofthe board shall be appointed by the political party which received the second highest number of votes within the county for its candidate for Governor in the general election immediately preceding the appointment of such member. Each of 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.
GEORGIA LAWS 2008 SESSION
4097
(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 members of the board serving in office on June 30, 2008, and any person selected to fill a vacancy in any such office shall continue to serve until the expiration of the terms for which they were appointed and until their successors are appointed and qualified.
(d)(1) Monica Walters, the member of the board appointed to a term beginning on January I, 2008, shall be designated as serving from and representing Lamar County as newly described under subsection (a)(1) of Section 3 of this Act and shall serve a term of office ending on December 31, 2011. (2) Georgia Fletcher, the member of the board appointed to a term beginning on January 1, 2008, shall be designated as serving from and representing the City of Barnesville as newly described under subsection (a)(2) of Section 3 of this Act and shall serve a term of office ending on December 31, 20 I0. (3) Richard Smith, the member of the board appointed to a term beginning on January 1, 2008, shall be designated as serving from and representing the City of Milner as newly described under subsection (a)(3) of Section 3 of this Act and shall serve a term of office ending on December 31, 2010. (4) Charles Glass and Gerald Thompson, the members of the board appointed to a term beginning on January 1, 2008, shall be designated as serving from and representing the two political parties as newly des::ribed under subsection (a)(4) of Section 3 of this Act and shall each serve a term of office ending on December 31, 2009. (e) Successors to each member shall thereafter be appointed by the appropriate appointing authority to serve a term of office of four years and until his or her successor is duly appointed and qualified.'
SECTION 3. Said Act is further amended by revising subsection (b) of Section 4 to read as follows:
'(b) Members of the board shall be residents of Lamar County or their respective city, as appropriate, and shall 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 4. Said Act is further amended by revising Section 6 to read as follows:
'SECTION 6. Each member ofthe board shall have the right to resign at any time by giving written notice of such resignation to the governing authority of Lamar County, the City of Barnesville, or 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 chief judge of the Superior Court of Lamar County at any time, for cause, after notice and hearing.'
4098
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 5. Said Act is further amended in Section 9 by revising subsection (c) and adding a new subsection to read as follows:
8 (c) At the request of the City of Barnesville or the City of Milner, as appropriate, the board shall conduct the holding of any municipal primary or election within the City of Barnesville or the City of Milner. Each city shall designate polling places and handle the qualifying of candidates for their respective municipal primaries and elections, unless the board is otherwise requested to handle such duties. (d) The City of Barnesville and the City of Milner shall each contribute an annual lump sum amount, as determined by the board, for the board's duties with respect to each city, and no other cost shall be paid to the board by the cities to conduct any municipal primary or election.'
SECTION 6. Said Act is further amended by revising subsection (a) of Section 11 to read as follows:
8 (a) The Lamar County Board of Commissioners shall appoint a person to serve as the initial supervisor of elections of Lamar County to serve for a term of four years. Upon expiration ofthe supervisor's four-year term, the board may reappoint the initial supervisor or appoint a new supervisor for a term of four years and shall reappoint or appoint a supervisor every four years thereafter. Such position shall be full time, and such person shall be paid a salary to be set by the board. The supervisor of elections shall generally direct and control the administration of elections and voter registration in Lamar County and, except as otherwise provided for in this Act, 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.'
SECTION 7. Said Act is further amended by revising Section 12 to read as follows:
'SECTION 12. Compensation for the members of the board, election supervisor, clerical assistants, and other employees shall be fixed by the governing authority of Lamar County. Such compensation shall be paid from county funds and from the annual lump sum ofmunicipa1 funds of the City of Barnesville and the City of Milner as provided for in Section 9 of this Act.'
GEORGIA LAWS 2008 SESSION
4099
SECTION 8. Said Act is further amended by revising the last sentence of Section 14 to read as follows:
'Upon this Act becoming fully effective, the superintendent of elections of Lamar County, the board of registrars of Lamar County, and, except as otherwise provided for in this Act, 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 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 2008 session of the General Assembly of Georgia a bill to amend an Act creating the Joint Board of Elections and Registration of Lamar County, approved May 14,2007 (Ga. L. 2007, p. 3520); and for other purposes.
This 5 day of February, 2008
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 oflntention to Introduce Local Legislation was published in the Herald Gazette which is the official organ of Lamar County on February 5, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ DAVID KNIGHT David Knight Representative, District 126
4100
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 20th day of March 2008.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 13, 2008.
TERRELL COUNTY -BOARD OF EDUCATION; COMPENSATION.
No. 646 (House Bill No. 1479).
AN ACT
To amend an Act reconstituting the Board of Education ofTerrell County approved Apri113, 2004 (Ga. L. 2004, p. 3555), so as to increase the compensation for said board; 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 Terrell County approved April 13, 2004 (Ga. L. 2004, p. 3555), is amended by revising Section 5 as follows:
"SECTION 5. Members of the Board of Education of Terrell County shall be compensated in the amount of $100.00 per meeting with the exception of the chairperson who shall be compensated in the amount of $125.00 per meeting. Members of the board, including the chairperson, shall be reimbursed for the actual expenses necessarily incurred for attending meetings in the performance of their official duties when those meetings occur outside the Terrell County School District.'
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
GEORGIA LAWS 2008 SESSION
4101
NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2008 Session of the General Assembly of Georgia a bill to amend the method of Compensation and reimbursement of the members of the Terrell County Board of Education; to provide for other matters relative thereto; and for other purposes.
This 13th day of March, 2008.
Robert Aaron, Superintendent of Schools for Terrell County Board of Education
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Hanner, who on oath deposes and says that he is the Representative from District 148 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Dawson News which is the official organ of Terrell County on March 19, 2008, 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 20th day of March 2008.
sf LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)
Approved May 13, 2008.
4102
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SPALDING COUNTY- REDEVELOPMENT POWERS; REFERENDUM.
No. 647 (House Bill No. 1474).
AN ACT
To authorize Spalding 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. Spalding 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 Spalding 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 Spalding 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 Spalding County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Spalding County for approval or rejection. 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 Spalding County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which authorizes Spalding 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
GEORGIA LAWS 2008 SESSION
4103
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 Spalding 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 2008 session of the General Assembly of Georgia a bill to authorize the Spalding County, local Governing Authority in the State of Georgia, to exercise all redevelopment and other powers pursuant to Article IX, Section II, Paragraph VII (b) of the 1983 Constitution of the State of Georgia and as specifically set forth at Official Code of Georgia Title 36, Chapter 44, "The Redevelopment Powers Law", as amended, including the establishment of tax allocation districts and the issuance of tax allocation bonds; to provide for a referendum; to provide an effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
This 8th day of February 2008.
//SS 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 Griffin Daily News which is the official organ of Spalding County on February 10, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
4104
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
sf DAVID KNIGHT David Knight Representative, District 126
Sworn to and subscribed before me, this 19th day of February 2008.
sf DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 13, 2008.
MADISON COUNTY - BOARD OF COMMISSIONERS; STAGGERED TERMS OF OFFICE.
No. 648 (House Bill No. 1464).
AN ACT
To amend an Act to create a board of commissioners of roads and revenues of Madison County, Georgia, approved March 27, 1965 (Ga. L. 1965, p. 2667), as amended, so as to provide for staggered terms of office for the chairperson and commissioners; 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 create a board of commissioners of roads and revenues of Madison County, Georgia, approved March 27, 1965 (Ga. L. 1965, p. 2667), is amended by revising Section 3 as follows:
'SECTION 3. The chairperson and commissioners serving on the effective date of this section shall continue to serve for the remainder oftheir terms and until their successors are duly elected and qualified. At the general election in November, 2008, the successors to the members of the board of commissioners elected from Commissioner Districts 2, 3, and 5 shall be elected to take office on January 1, 2009, for terms of two years. The successor to the
GEORGIA LAWS 2008 SESSION
4105
chairperson and the members of the board of commissioners elected from Commissioner Districts 1 and 4 shall be elected to take office on January 1, 2009, for terms of four years. Thereafter, all successors shall be elected at the general election immediately preceding the expiration of their terms and shall serve terms of four years and until their successors are duly elected and qualified.'
SECTION 2. 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 2008 session ofthe General Assembly of Georgia a bill amend an Act creating a Board of Commissioners of Madison County, approved March 27, 1965 (Ga. L. 1965, p. 2667), as amended, for the purpose of creating staggered terms, and for other purposes.
This 11 day of March, 2008
Wesley J. Nash, Chairman Madison County Board of Commissioners
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom McCall, who on oath deposes and says that he is the Representative from District 30 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Madison County Journal which is the official organ of Madison County on March 13, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ TOM MCCALL Tom McCall Representative, District 30
Sworn to and subscribed before me, this 20th day of March 2008.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia
4106
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 13, 2008.
CITY OF DARIEN- HOMESTEAD EXEMPTION; CITY TAXES; BASE YEAR; REFERENDUM.
No. 649 (House Bill No. 1012).
AN ACT
To provide for a homestead exemption from City of Darien 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 ofthe exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) As used in this Act, the term:
(I) "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 Darien, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Base year" means the taxable year immediately preceding the taxable year in which the exemption under subsection (b) of this section is first granted to the most recent owner of such homestead. (3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (b) Each resident of the City of Darien is granted an exemption on that person's homestead from City of Darien 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 such homestead or additional land that is added to such homestead after January I of the base year. If any real property is removed from such homestead, the base year assessed value shall be adjusted to reflect such removal, and the exemption shall be
GEORGIA LAWS 2008 SESSION
4107
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 such person or person's agent files an application with the governing authority of the City of Darien, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Darien, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such person for such exemption. The governing authority of the City of Darien, 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 person granted the homestead exemption under subsection (b) of this section 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 ofthe City of Darien, or the designee thereof, in the event that person for any reason becomes ineligible for such exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect any state ad valorem taxes, county ad valorem taxes for county purposes, 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 City of Darien 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, 2009.
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Darien 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 Darien for approval or rejection. The municipal election superintendent shall conduct that election on the date of the 2008 state-wide general election and shall issue the call and conduct that election as provided by general law. The municipal election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Mcintosh County. The ballot shall have written or printed thereon the words:
4108
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"( ) YES Shall the Act be approved which provides a homestead exemption from City of Darien ad valorem taxes for municipal purposes in an amount equal to
( ) NO 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 offull 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 ofthis Act shall not become effective, and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Darien. 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 2008 session of the General Assembly of Georgia a bill to provide for a homestead exemption from City of Darien 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 8 day of January, 2008.
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 2008 SESSION
4109
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 January 17, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ ROGER B. LANE Roger B. Lane Representative, District 167
Sworn to and subscribed before me, this 28th day of January 2008.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 13, 2008.
LUMPKIN COUNTY- HOMESTEAD EXEMPTION; SCHOOL TAXES; SENIOR CITIZENS; DISABLED PERSONS; REFERENDUM.
No. 650 (House Bill No. 1425).
AN ACT
To provide a homestead exemption from Lumpkin County school district ad valorem taxes for educational purposes in the amount of $120,000.00 of the assessed value of the homestead for residents of that school district who are 65 years of age or older or 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, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
(a) As used in this Act, the term:
SECTION 1.
4110
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(I) "Ad valorem taxes for educational purposes" means all ad valorem taxes for educational purposes levied by, for, or on behalf of the Lumpkin County school district, including, but not limited to, any ad valorem taxes to pay interest on and to retire county school district bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended, with the additional qualification that it shall include not more than five contiguous acres of homestead property. (3) "Senior citizen" means a person who is 65 years of age or older on or before January I of the year in which application for the exemption under subsection (b) of this section is made. (b) Each resident of the Lumpkin County school district who is a senior citizen or who is disabled is granted an exemption on that person's homestead from Lumpkin County school district ad valorem taxes for educational purposes in the amount of $120,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (c)( I) In order to qualify for the exemption provided for in subsection (b) of this section as being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., as amended, certifying that in the opinion of such physician or physicians, such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Such certificate or certificates shall constitute part of and be submitted with the application provided for in paragraph (2) of this subsection. A person can also qualify for the exemption provided for in subsection (b) of this section as being disabled, by presenting evidence that such person has been found to be disabled by the Social Security Administration or 100 percent disabled by the Veterans Administration. (2) A person shall not receive the homestead exemption granted by subsection (b) of this section unless such person or persons agent files an application with the tax commissioner of Lumpkin County, giving the person's age and such additional information relative to receiving such exemption as will enable the tax commissioner of Lumpkin County to make a determination regarding the initial and continuing eligibility of such person for such exemption. The tax commissioner of Lumpkin County shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G .A., as amended. The exemption shall be automatically renewed from year to year as long as the person granted the homestead exemption under subsection (b) of this section 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) ofthis
GEORGIA LAWS 2008 SESSION
4111
section to notify the tax commissioner of Lumpkin County in the event that person for any reason becomes ineligible for such exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect any state ad valorem taxes, county ad valorem taxes for county purposes, municipal ad valorem taxes for municipal purposes, or 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 Lumpkin County school district ad valorem taxes for educational purposes. (f) The exemption granted by subsection (b) ofthis section 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 Lumpkin County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Lumpkin County school district for approval or rejection. The election superintendent shall conduct that election on the date of the 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 Lumpkin County. The ballot shall have written or printed thereon the words:
"( ) YES ( ) NO
Shall the Act be approved which provides a homestead exemption from Lumpkin County school district ad valorem taxes for educational purposes in the amount of $120,000.00 of the assessed value of the homestead for residents of that school district who are 65 years of age or older or who are disabled?"
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 ofthis Act shall become offull 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 I ofthis Act shall not become effective, and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Lumpkin County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
4112
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 2008 session of the General Assembly of Georgia a bill to provide a homestead exemption from Lumpkin County school district ad valorem taxes for educational purposes for residents ofthat school district who are 65 years of age or older or 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, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
This 28th day of February, 2008
Representative Amos Amerson 9th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Amos Amerson, who on oath deposes and says that he is the Representative from District 9 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Dahlonega Nugget which is the official organ of Lumpkin County on March 5, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ AMOS AMERSON Amos Amerson Representative, District 9
Sworn to and subscribed before me, this 5th day of March 2008.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 13, 2008.
GEORGIA LAWS 2008 SESSION
4113
CITY OF DAHLONEGA- HOMESTEAD EXEMPTION; CITY TAXES; SENIOR CITIZENS; DISABLED PERSONS; REFERENDUM.
No. 651 (House Bill No. 1426).
AN ACT
To provide a homestead exemption from City of Dahlonega ad valorem taxes for municipal purposes in the amount of $60,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or older or 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, 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 Dahlonega, 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, with the additional qualification that it shall include not more than five contiguous acres of homestead property. (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 Dahlonega who is a senior citizen or who is disabled is granted an exemption on that person's homestead from City of Dahlonega ad valorem taxes for municipal purposes in the amount of $60,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (c)( l) In order to qualify for the exemption provided for in subsection (b) of this section as being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., as amended, certifying that in the opinion of such physician or physicians, such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Such certificate or certificates shall constitute part of and be submitted with the application provided for in paragraph (2) of this subsection. A person can also qualify
4114
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
for the exemption provided for in subsection (b) of this section as being disabled, by presenting evidence that such person has been found to be disabled by the Social Security Administration or 100 percent disabled by the Veterans Administration. (2) A person shall not receive the homestead exemption granted by subsection (b) of this section unless such person or person's agent files an application with the governing authority of the City of Dahlonega, or the designee thereof, giving the persons age and such additional information relative to receiving such exemption as will enable the governing authority of the City of Dahlonega, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such person for such exemption. The governing authority of the City of Dahlonega, 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 person granted the homestead exemption under subsection (b) of this section occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty ofany person granted the homestead exemption under subsection (b) ofthis section to notify the governing authority of the City of Dahlonega, 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 any 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 City of Dahlonega 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, 2009.
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Dahlonega 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 Dahlonega for approval or rejection. The municipal 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 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 Lumpkin County. The ballot shall have written or printed thereon the words:
GEORGIA LAWS 2008 SESSION
4115
"( ) YES ( ) NO
Shall the Act be approved which provides a homestead exemption from City of Dahlonega ad valorem taxes for municipal purposes in the amount of $60,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or older or who are disabled?"
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, 2009. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 ofthis Act shall not become effective, and this Act shall
be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Dahlonega. 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 2008 session of the General Assembly of Georgia a bill to provide a homestead exemption from City of Dahlonega ad valorem taxes for municipal purposes for residents of that city who are 65 years of age or older or 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, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
This 28th day of February, 2008
Representative Amos Amerson 9th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Amos Amerson, who on oath deposes and says that he is the Representative from District 9 and further deposes and says that the attached Notice of Intention to Introduce
4116
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Local Legislation was published in the Dahlonega Nugget which is the official organ of Lumpkin County on March 5, 2008, 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 5th day of March 2008.
sf DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 13, 2008.
CITY OF DANIELSVILLE-ADMINISTRATIVE AND SERVICE DEPARTMENTS; REMOVAL OF DIRECTORS.
No. 652 (Senate Bill No. 552).
AN ACT
To amend an Act creating a new charter for the City of Danielsville, approved March 27, 1998 (Ga. L. 1998, p. 3632), as amended, so as to change provisions relating to administrative and service departments; to provide for changes to the effective date of removal of directors; 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 a new charter for the City of Danielsville, approved March 27, 1998 (Ga. L. 1998, p. 3632), as amended, is amended by revising subsection (e) of Section 3.10 as follows:
'(e) All directors under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the city council. The mayor, upon direction by the
GEORGIA LAWS 2008 SESSION
4117
councilmembers, may suspend or remove directors under the mayor's supervision. The director involved may appeal to the city council which, after a hearing, may override the mayor's action by a vote of three councilmembers."
SECTION 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 2008 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Danielsville, approved March 27, 1998 (Ga. L. 1998, P. 3632), as amended, so as to change provisions relating to administrative and service departments; to provide for changes to the effective date of removal of directors; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
This 14th day of February, 2008.
Senator Ralph T. Hudgens 47th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ralph Hudgens, who on oath deposes and says that he is the Senator from District 47 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Madison County Journal which is the official organ of Madison County on February 14, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ RALPH HUDGENS Ralph Hudgens Senator, District 47
4118
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 5th day of March 2008.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 13, 2008.
MCINTOSH COUNTY- HOMESTEAD EXEMPTION; SCHOOL TAXES; SENIOR CITIZENS; FULL VALUE; REFERENDUM.
No. 653 (House Bill No. 1013).
AN ACT
To provide a homestead exemption from Mcintosh County school district ad valorem taxes for educational purposes in the full amount of the assessed value of the homestead for residents of that school district who are 65 years of age or older and whose annual 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:
(I) "Ad valorem taxes for educational purposes" means all ad valorem taxes for educational purposes levied by, for, or on behalf of the Mcintosh County school district, including, but not limited to, any ad valorem taxes to pay interest on and to retire county school district bonded indebtedness. (2) "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. (3) "Income" means Georgia taxable net annual income determined pursuant to Chapter 7 of Title 48 of the O.C.G.A., as amended, for state income tax purposes.
GEORGIA LAWS 2008 SESSION
4119
(4) "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 Mcintosh County school district who is a senior citizen is granted an exemption on that person's homestead from Mcintosh County school district ad valorem taxes for educational purposes in the full amount of the assessed value of that homestead. The exemption under this subsection shall only be granted if that person's income, together with the income of the spouse who also occupies and resides at such homestead, does not exceed $25,000.00 for the immediately preceding year. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless such person or person's agent files an application with the tax commissioner of Mcintosh County, giving the person's age and such additional information relative to receiving such exemption as will enable the tax commissioner of Mcintosh County to make a determination regarding the initial and continuing eligibility of such person for such exemption. The tax commissioner of Mcintosh County shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year as long as the person granted the homestead exemption under subsection (b) of this section 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 Mcintosh County in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect any state ad valorem taxes, county ad valorem taxes for county purposes, municipal ad valorem taxes for municipal purposes, or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in lieu of and not in addition to any other homestead exemption applicable to Mcintosh County school district ad valorem taxes for educational purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January I, 2009.
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Mcintosh County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Mcintosh County school district for approval or rejection. The election superintendent shall conduct that election on the date of the 2008 state-wide general election and shall issue the call and conduct that
4120
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 Mcintosh County. The ballot shall have written or printed thereon the words:
"( ) YES ( ) NO
Shall the Act be approved which provides a homestead exemption from Mcintosh County school district ad valorem taxes for educational purposes in the full amount of the assessed value of the homestead for residents of that school district who are 65 years of age or older and whose annual income does not exceed $25,000.00?"
All persons desiring to vote for approval ofthe Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 ofthis 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 ofthis Act shall not become effective, and this Act shall be automatically repealed on the first day of January immediately following that election
date. The expense of such election shall be borne by Mcintosh 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 2008 session of the General Assembly of Georgia a bill to provide a homestead exemption from Mcintosh County school district ad valorem taxes for educational purposes in the full amount of the assessed value of the homestead for residents of that school district who are 65 years of age or older and whose annual 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.
This 8 day of January, 2008.
Roger B. Lane Representative Roger B. Lane I 67th District
GEORGIA LAWS 2008 SESSION
4121
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 January 17, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ ROGER B. LANE Roger B. Lane Representative, District 167
Sworn to and subscribed before me, this 28th day of January 2008.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 13, 2008.
OGLETHORPE COUNTY- OGLETHORPE COUNTY WATER AUTHORITY; COMPENSATION OF AUTHORITY MEMBERS.
No. 654 (House Bill No. 1008).
AN ACT
To amend an Act creating the Oglethorpe County Water Authority, approved March 3, 1989 (Ga. L. 1989, p. 3605), so as to change the composition of the members of the authority; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the Oglethorpe County Water Authority, approved March 3, 1989 (Ga. L. 1989, p. 3605), is amended by revising subsection (b) of Section 2 as follows:
4122
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
'(b) The authority shall consist of seven members. The board of commissioners of Oglethorpe County shall appoint three members of the authority, each of whom shall reside in Oglethorpe County. The city councils of the City of Crawford, the City of Lexington, the City of Maxeys, and the City of Arnoldsville shall each appoint one member, each of whom shall reside in Oglethorpe County. The board of commissioners of Oglethorpe County shall appoint one of the initial members for an initial term of three years, one of the initial members for an initial term of two years, and one initial member for an initial term of one year; the Cities of Crawford and Lexington shall each appoint one member for an initial term of two years, and the Cities of Maxeys and Arnoldsville shall each appoint one member for an initial term ofthree years; with subsequent appointments for terms ofoffice ofthree years. After having served nine consecutive years, authority members shall not be reappointed without at least one year of inactive status. Vacancies shall be filled for an unexpired term by the city or county of the vacancy existing. Any authority member who is convicted of a felony shall be removed from the authority upon the date of conviction, regardless of appeal processes. A majority of the members shall constitute a quorum and a majority may act for the authority in any matter. No vacancy shall impair the power of the authority to act. The authority shall elect one of its members as chairman and another member as vice chairman. It shall also elect a secretary-treasurer who does not necessarily have to be a member of the authority and who, if not a member, shall have no voting rights. The members of the authority shall serve without compensation; however, it is expressly understood that they shall be reimbursed for all actual expenses incurred in the performance of their duties. The authority may make rules and regulations and adopt bylaws for its own government. It shall have perpetual existence.'
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 Legislation shall be introduced in the 2008 Session of the General Assembly on behalf of Oglethorpe County to amend an Act creating the Oglethorpe County Water Authority; to change the composition of the members of the Authority, to repeal conflicting laws; to provide for an effective date; and to provide for other purposes.
This the 3rd day of January, 2008.
GEORGIA LAWS 2008 SESSION
Honorable Mickey Channell Representative, District 116
4123
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 oflntention to Introduce Local Legislation was published in the Oglethorpe Echo which is the official organ of Oglethorpe County on January 3, 2008, 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 25th day of January 2008.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 13, 2008.
CITY OF GRIFFIN- REDEVELOPMENT POWERS; REFERENDUM.
No. 655 (House Bill No. 1473).
AN ACT
To authorize the City of Griffin 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; 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:
4124
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 1. The City ofGriffin 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 Griffin 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 Griffin 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 Griffin 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 Griffin for approval or rejection. The municipal election superintendent shall conduct that election on the date of November, 2008, state-wide general election and shall issue the call and conduct that election as provided by general law. The municipal election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Spalding County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which authorizes the City of Griffin 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 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 Griffin. 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.
GEORGIA LAWS 2008 SESSION
4125
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2008 session of the General Assembly of Georgia a bill to authorize the City of Griffin, a Georgia municipal corporation, to exercise all redevelopment and other powers pursuant to Article IX, Section II, Paragraph VII (b) of the 1983 Constitution of the State of Georgia and as specifically set forth at Official Code of Georgia Title 36, Chapter 44, "The Redevelopment Powers Law", as amended, including the establishment of tax allocation districts and the issuance of tax allocation bonds; to provide for a referendum; to provide an effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
This 8th day of February, 2008.
//SS Representative David Knight I 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 oflntention to Introduce Local Legislation was published in the Griffin Daily News which is the official organ of Spalding County on February 10, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ DAVID KNIGHT David Knight Representative, District 126
Sworn to and subscribed before me, this 19th day of February 2008.
sf DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 13, 2008.
4126
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
QUITMAN COUNTY- BOARD OF EDUCATION; COMPENSATION.
No. 656 (Senate Bill No. 559).
AN ACT
To amend an Act reconstituting the Board of Education of Quitman County, approved March 16, 1994 (Ga. L. 1994, p. 3689), as amended, so as to change certain provisions regarding the compensation of the chairperson and members of the board and provide for a monthly salary in lieu of per diem; 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 reconstituting the Board of Education of Quitman County, approved March 16, 1994 (Ga. L. 1994, p. 3689), as amended, is amended by revising Section 6 as follows:
sECTION 6. The chairperson of the Board of Education of Quitman County shall be paid $250.00 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 other than the chairperson shall be paid $225.00 per month as his or her compensation for services rendered and for attendance at all regular and special meetings of the board. When performing official business that requires travel outside the Quitman County school district and is authorized in advance by a majority vote of the board, the chairperson and each member of the board shall receive actual and necessary expenses incurred in the performance of their duties outside the county school district and shall be entitled to the same mileage, meals, and lodging allowances provided for state officers and employees in Code Section 50-19-7 of the O.C.G.A., as now or hereafter amended:
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.
GEORGIA LAWS 2008 SESSION NOTICE OF INTENT TO INTRODUCE LEGISLATION
4127
Notice is given that there will be introduced at the regular 2008 Session of the General Assembly of Georgia a bill to amend the method of compensation and reimbursement of the members of the Quitman County Board of Education; to provide for other matters relative thereto; and for other purposes.
This 19th day of February, 2008.
William Bums, Superintendent of Schools for Quitman County Board of Education
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Michael Meyer von Bremen, who on oath deposes and says that he is the Senator from District 12 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Cuthbert Southern Tribune which is the official organ of Quitman County on February 28, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
sf MICHAEL MEYER VON BREMEN Michael Meyer von Bremen Senator, District 12
Sworn to and subscribed before me, This 20th day of March 2008.
sf DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 13, 2008.
4128
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
LUMPKIN COUNTY- HOMESTEAD EXEMPTION; COUNTY TAXES; SENIOR CITIZENS; DISABLED PERSONS; REFERENDUM.
No. 657 (House Bill No. 1424).
AN ACT
To provide a homestead exemption from Lumpkin County ad valorem taxes for county purposes in the amount of $60,000.00 of the assessed value of the homestead for residents of that county who are 65 years of age or older or 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, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) As used in this Act, the term:
(I) "Ad valorem taxes for county purposes" means all ad valorem taxes for county purposes levied by, for, or on behalf of Lumpkin County, including, but not limited to, any 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 not more than five contiguous acres of homestead property. (3} "Senior citizen" means a person who is 65 years of age or older on or before January I of the year in which application for the exemption under subsection (b) of this section is made. (b) Each resident of Lumpkin County who is a senior citizen or who is disabled is granted an exemption on that person's homestead from Lumpkin County ad valorem taxes for county purposes in the amount of$60,000.00 of the assessed value ofthat homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (c)( I) In order to qualify for the exemption provided for in subsection (b) of this section as being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., as amended, certifying that in the opinion of such physician or physicians, such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Such certificate or certificates shall constitute part of and be submitted with the application provided for in paragraph (2) of this subsection. A person can also qualify for the exemption provided for in subsection (b) of this section as being disabled, by
GEORGIA LAWS 2008 SESSION
4129
presenting evidence that such person has been found to be disabled by the Social Security Administration or 100 percent disabled by the Veterans Administration. (2) A person shall not receive the homestead exemption granted by subsection (b) of this section unless such person or person's agent files an application with the tax commissioner of Lumpkin County, giving the person's age and such additional information relative to receiving such exemption as will enable the tax commissioner of Lumpkin County to make a determination regarding the initial and continuing eligibility of such person for such exemption. The tax commissioner of Lumpkin County shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G .A., as amended. The exemption shall be automatically renewed from year to year as long as the person granted the homestead exemption under subsection (b) of this section 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) ofthis section to notify the tax commissioner of Lumpkin County in the event that person for any reason becomes ineligible for such exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect any state ad valorem taxes, county or independent school district ad valorem taxes for educational purposes, or municipal ad valorem taxes for municipal purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to Lumpkin County ad valorem taxes for county purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2009.
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Lumpkin County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Lumpkin County 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 Lumpkin County. The ballot shall have written or printed thereon the words:
"( ) YES ( ) NO
Shall the Act be approved which provides a homestead exemption from Lumpkin County ad valorem taxes for county purposes in the amount of $60,000.00 of the assessed value of the homestead for residents of that county who are 65 years of age or older or who are disabled?"
4130
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 ofthe Act, Section I of this Act shall become of full force and effect on January I, 2009. If the Act is not so approved or if the election is not conducted as provided in this section, Section I ofthis Act shall not become effective, and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Lumpkin County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All Jaws and parts of Jaws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2008 session of the General Assembly of Georgia a bill to provide a homestead exemption from Lumpkin County ad valorem taxes for county purposes for residents of that county who are 65 years of age or older or 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, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
This 28th day of February, 2008
Representative Amos Amerson 9th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Amos Amerson, who on oath deposes and says that he is the Representative from District 9 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Dahlonega Nugget which is the official organ of Lumpkin County on March 5, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
GEORGIA LAWS 2008 SESSION
s/ AMOS AMERSON Amos Amerson Representative, District 9
Sworn to and subscribed before me, this 5th day of March 2008.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 13, 2008.
4131
CITY OF MONROE- MONROE AREA CONVENTION AND VISITORS BUREAU AUTHORITY; CREATE.
No. 658 (House Bill No. 1255).
AN ACT
To create the Monroe Area Convention and Visitors Bureau Authority as a body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility and authority to promote tourism, conventions, and trade shows in the City of Monroe, Georgia; to provide for the creation and organization of the authority; to provide for the appointment of the members of the authority and their terms of office, compensation, and qualifications; to provide for meetings; to provide for legislative findings and declaration of purpose; to provide for general powers; to provide for regulations; to provide for other matters relative to the foregoing and relative to the general purposes of this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Short title.
This Act shall be known and may be cited as the "Monroe Area Convention and Visitors Bureau Authority Act."
4132
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2. Definitions.
As used in this Act, the term: (1) "Area" means the corporate limits of the City of Monroe, Georgia. (2) "Authority" means the Monroe Area Convention and Visitors Bureau Authority. (3) "Board" means the board of members of the Monroe Area Convention and Visitors Bureau Authority. (4) "City" means the City of Monroe, Georgia. (5) "Special events" means events which, in the judgment of the authority, will promote tourism in the area initiated or privately contracted by the authority.
SECTION 3. Creation of authority, status, tax exemption, and sovereign immunity.
(a) There is created a public body corporate and politic to be known as the Monroe Area Convention and Visitors Bureau Authority. The authority shall be deemed to be a political subdivision of the state and a public corporation and, by that name, title, and style may contract and be contracted with, sue and be sued, implead and be impleaded, and bring and defend actions in all courts of law and equity. The authority shall be a convention and visitors bureau authority created by the General Assembly for a municipality, pursuant to Title 48 of the O.C.G.A., and is intended to be an agency and instrumentality of the municipality and a governmental unit for tax purposes; and, as to the municipality, the authority is intended to be a subordinated entity. The authority shall not be a state institution nor a department or agency of the state but shall be a creation of the state, having a distinct corporate identity and being exempt from the provisions of Code Section 50-17-2 of the O.C.G.A., the "Georgia State Financing and Investment Commission Act." (b) The authority shall have its principal office within the City of Monroe and its legal situs or residence for the purposes of this Act shall be the City of Monroe, Georgia. (c) The exercise of the powers conferred upon the authority in this Act shall constitute an essential governmental function for a public purpose. The properties of the authority, both real and personal, and the income of the authority are declared to be public properties, and income used for the benefit and welfare of the people of the city and not for the purpose of private or corporate benefit; and such properties, to the extent of the authority's ownership thereof or other interest therein, and all income and obligations of the authority shall be exempt from all taxes and special assessments of the state or any city, county, or other political subdivision thereof. The authority shall have all of the exemptions and exclusions from taxes as are now granted to cities and counties for the operation of properties or facilities similar to the properties and facilities to be owned or operated, or both, by the authority.
GEORGIA LAWS 2008 SESSION
4133
(d) The authority shall have the same immunity and exemption from liability for torts and negligence as the state, and the officers, agents, and employees of the authority, when in performance of work of the authority, shall have the same immunity and exemption from liability for torts and negligence as officers, agents, and employees of the State of Georgia. The authority may be sued as a private corporation on any contractual obligation of the authority. Any action to protect or to enforce any rights pursuant to the provisions of this Act or any suit or action against the authority shall be brought in the Superior Court of Walton County, Georgia, and any action pertaining to the validation of any bonds issued under the provisions of this Act shall likewise be brought in such court which shall have exclusive, original jurisdiction of such actions. The property of the authority shall not be subject to levy and sale under legal process. The records of the authority shall be public records which are subject to Article 4 of Chapter 18 of Title 50 of the O.C.G.A. Nothing in this Act shall be construed to abridge or change the powers and duties of other authorities, departments, boards, and like agencies of the city.
SECTION 4. Members and meetings.
(a) Each person who is serving as a member of the City of Monroe Downtown Development Authority shall likewise serve as a member of the authority. (b) Each person who is serving as an officer of the City of Monroe Downtown Development Authority shall hold the same office with the authority. The vice chairperson shall preside at meetings in the absence of the chairperson. In the absence of both the chairperson and vice chairperson, the members present at a meeting shall elect a temporary chairperson to preside at that meeting so long as the chairperson and vice chairperson both remain absent from the meeting. A majority of the members shall constitute a quorum. Official action may be taken by majority vote of those members if a quorum is present and voting on such matter; provided, however, that the bylaws of the authority may only be adopted or amended by majority vote of all members. All members present at a meeting, including the chairperson, vice chairperson, or any other member, shall be entitled to vote on all matters that come before the meeting, except as otherwise provided in this Act. 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. (c) The board shall consist ofeight members, who shall be natural persons at least 18 years of age. The members of the board shall serve terms of three years. Members shall receive no compensation for their services as members ofthe authority, but shall be reimbursed for their proper and reasonable expenses incurred in the performance of their duties, subject to any limitations imposed by general law on the reimbursement of public officials and subject to any limitations which may be contained in the bylaws of the authority. (d) The board shall meet at such times it deems necessary to transact the business coming before it, but not less than twice a year. Either the chairperson or any two other members,
4134
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
collectively, may call a special meeting of the board. Meetings of the board shall be open to the public in accordance with the laws of the State of Georgia. Written minutes of all meetings shall be kept; and, within ten days following every meeting, a copy of the minutes shall be furnished to the mayor and council of the city. Meetings shall be conducted in accordance with the latest version of Robert's Rules of Order. (e) The chairperson shall preside at meetings of the board and shall vote on all matters coming before the board. The vice chairperson shall preside at meetings in the absence of the chairperson. In the absence of both the chairperson and vice chairperson, the members present at a meeting shall elect a temporary chairperson to preside at that meeting, so long as the chairperson and vice chairperson both remain absent from the meeting. A quorum shall consist of at least five members of the board. All members present at a meeting, including the chairperson, vice chairperson, or any other member presiding at such meeting, shall be entitled to vote on all matters which shall come before the board. No vacancy on the board shall impair the right of a quorum to exercise all the rights and perform all the duties of the authority. (f) If the City of Monroe Downtown Development Authority is dissolved or no longer exists, then the mayor and council of the city shall appoint the members for the authority.
SECTION 5. Purpose and duties.
The purpose of the authority is to promote special events as well as to promote tourism, conventions, and trade shows within the area pursuant to Code Section 48-13-51 of the O.C.G.A. It shall be the duty of the authority to act in all matters of operation, including the management of facilities and special events, in a fiscally responsible manner.
SECTION 6. Powers.
(a) The authority shall have all powers allowed by general law and consistent with the provisions of this Act as are necessary or convenient to carry out its corporate purpose, including, without limitation, the power to:
(1) Adopt and alter a corporate seal; (2) Purchase advertising promoting special events and promoting tourism, conventions, and trade shows; (3) Encourage, solicit, promote, procure, sponsor, cosponsor, and service conventions, trade shows, and special events; (4) Provide financial support through grants, contributions, or otherwise to other governmental entities in furtherance of its corporate purpose; (5) Provide financial support through grants, contributions, or otherwise to private sector, for profit and nonprofit entities in furtherance of corporate purpose; provided that the
GEORGIA LAWS 2008 SESSION
4135
authority determines that the residents of the area shall receive a substantial benefit therefrom; (6) Conduct activities to foster a better public understanding among individuals and businesses of the importance of tourism and the convention industry to the economy of the city and of the area; (7) Conduct activities to encourage and to assist the cooperation between the businesses and industries servicing tourists, conventions, trade shows, and special events; (8) Engage in fundraising activities in furtherance of its corporate purpose; (9) Acquire, by purchase, lease, or otherwise, and hold, lease, and dispose of real and personal property of every kind and character for its corporate purpose; (I 0) Acquire, in its own name by purchase, upon such terms and conditions and in such manner as it may deem proper, franchises or real property or rights of easements therein to use so long as its corporate existence shall continue, lease or make contracts with respect to the use of the same, or dispose of in any manner it deems proper; (II) If the authority shall deem it expedient, acquire and construct any facility relating to tourism, conventions, trade shows, or special events on any lands, the title to which shall then be held by the State of Georgia; provided that the Governor is authorized to convey to the authority for and on behalf of the state title to such lands upon payment to the State of Georgia for the credit of the general fund of the state of the reasonable value of such lands or upon the receipt of such lawful consideration as may be determined by the parties to such conveyance; (12) If the authority shall deem it expedient; acquire and construct any facility relating to tourism, conventions, trade shows, or special events on any lands, the title to which shall then be held by the city, the county, or any other municipality incorporated in said county, the governing authority or body of the city, the county, or any of the said municipalities is authorized to convey title to such lands to the authority upon the receipt of such lawful consideration as may be determined by the parties to such conveyance or upon payment for the credit of the general funds of said county or municipalities of the reasonable value of such lands, such value to be determined by mutual consent of said county or municipality and the chairperson of the authority; (13) Appoint, select, and employ executive members, officers, agents, and employees and independent consultants, including, but not limited to, engineering, architectural, and construction experts, fiscal agents, auditors, economists, and attorneys and fix their respective compensations. The authority may delegate to such executive members the authority and responsibility necessary to administer the day-to-day business of the authority within policies set by the board and subject to its review. The powers delegated to the executive members may, at the discretion of the board, include the making of recommendations as to the hiring and termination of other employees and their compensation, the management of the authority's offices and properties, the making of budget recommendations, and the hiring of independent consultants;
4136
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(14) Appoint an advisory committee and other committees of persons from the public and private sectors without regard to their places of residence; (15) Make contracts of every kind and character with; and, without limitation, any and all persons, firms, and corporations and the state and any and all political subdivisions, departments, institutions, or agencies ofthe state as 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, the authority and the city shall be permitted to enter into the following:
(A) Contracts under which hotel or motel taxes collected by the city are paid to and expended by the authority pursuant to by Code Section 48-13-51 of the O.C.G.A.; (B) Contracts under which the authority purchases administrative and financial management services from the city to be performed by personnel at the city's cost, which shall include the costs of payroll, employee benefits, supplies, and overhead reasonably allocable to the performance of such services; and (C) Lease contracts relating to leases of real property, personal property, or both real and personal property; ( 16) Accept loans and grants of money or materials or property of any kind from the United States or any agency or instrumentality thereof upon such terms and conditions as the United States or such agency or instrumentality may impose; (17) Accept loans and grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political division thereof upon such terms and conditions as the State ofGeorgia or such agency or instrumentality or political subdivision may impose; (18) Borrow money for any of its corporate purposes and to execute evidences of such indebtedness and to secure the same and to issue and validate revenue bonds pursuant to the provisions of Code Section 36-82-60 of the O.C.G.A., et seq., the "Revenue Bond Law," to pay the project costs of any one or more facilities relating to tourism, conventions, trade shows, or special events payable solely from funds pledged for that purpose, and to refund such revenue bonds. Such facilities shall be owned by the authority and may be leased in whole or in part under true leases and may be operated by others pursuant to one or more management contracts. Revenues of the authority including, but not limited to, revenues derived by it from such facilities and revenues derived from hotel or motel taxes received from the city may be pledged to the payment of debt service on such revenue bonds and other evidences of indebtedness of the authority; (19) Sell, lease, grant, exchange, or otherwise dispose of any property, both real and personal, or the interest therein; (20) Sue and be sued in contract and in tort and complain and defend in all courts; (21) Advise and recommend plans to other public and private sector entities for the promotion of tourism, conventions, trade shows, and special events; (22) Conduct studies and develop plans for improving tourism in the area;
GEORGIA LAWS 2008 SESSION
4137
(23) Receive and disburse public funds appropriated by the city, including, but not limited to, revenues derived from hotel or motel taxes collected by the city; and receive and disburse funds from private sources and other revenues which may be received which would assist in the accomplishment of its corporate purpose; and (24) Do all things necessary or convenient to accomplish its corporate purposes and to exercise any power permitted by the laws of this state to be exercised by private corporations which will further the authority's ability to accomplish such purpose, so long as the exercise of such power is not in conflict with the Constitution or laws of this state. (b) The powers enumerated in each paragraph of subsection (a) of this section are cumulative of and in addition to any other provisions of this Act.
SECTION 7. Bylaws.
The authority may, by affirmative vote of a majority of all members, adopt and amend bylaws to govern the authority, its employees, and operation.
SECTION 8. Budget.
The authority shall prepare an annual budget to be submitted to the city and shall file all appropriate expenditure reports with the city and the state.
SECTION 9. Liability limited.
Neither the members of the authority nor any person executing notes, leases, or other agreements or obligations on behalf of the authority shall be personally liable thereon by reason of such execution.
SECTION 10. City not bound.
The authority shall have no power or authority to bind the city by any contract, agreement, financial obligation, indebtedness, or otherwise; and no contract, agreement, financial obligation, or indebtedness incurred by the authority shall ever be a claim or charge against the city; provided, however, that both the authority and the city shall be bound to each other by contracts, agreements, financial obligations, or indebtedness between themselves.
4138
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 11. Oversight.
The city council shall be authorized to inspect at its pleasure the state and condition of the authority, its properties, and all books and records pertaining to the authority and its affairs, and the authority shall provide the city council such books and records cooperate fully with such inspections.
SECTION 12. Dissolution.
Should the authority, for any reason, be dissolved after full payment of all indebtedness previously incurred, both as to principal and interest, the titles to all property of any kind and nature, real and personal, held by the authority at the time of such dissolution shall be conveyed to the city; or title to any such property may be conveyed prior to such dissolution in accordance with provisions which may be made therefore in any resolution or trust instrument relating to such property, subject to any liens, leases, or other encumbrances outstanding against or in respect to such property at the time of such conveyance.
SECTION 13. Repealer.
All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 2008 session of General Assembly of Georgia a bill to create the Monroe Area Convention and Visitors Bureau Authority as a body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility and authority to promote tourism, conventions, and trade shows in the City of Monroe; to repeal conflicting laws; and for other purposes.
This 31st day of January, 2008.
Rep. Jeff May (R-111)
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jeff May, who on oath deposes and says that he is the Representative from District ill and further deposes and says that the attached Notice of Intention to Introduce Local
GEORGIA LAWS 2008 SESSION
4139
Legislation was published in the The Walton Tribune which is the official organ of Walton County on February 6, 2008, and that the notice requirements of Code Section 28-l-14 have been met.
sf JEFF MAY Jeff May Representative, District lll
Sworn to and subscribed before me, this 19th day of February 2008.
sf LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)
Approved May 13, 2008.
TOWNS COUNTY- BOARD OF ELECTIONS; RE-CREATION AS BOARD OF ELECTIONS AND REGISTRATION.
No. 659 (House Bill No. 932).
AN ACT
To amend an Act providing for the board of elections of Towns County, approved Aprill3, 2001 (Ga. L. 2001, p. 3876), so as to re-create the board as the Board of Elections and Registration of Towns County; to provide for definitions; to provide for the composition of the board and the selection and appointment ofmembers; to relieve certain officers ofpowers and duties and to provide for the transfer of functions to the board; to provide for certain expenditures ofpublic funds; to provide for compensation ofpersonnel; to provide for offices and equipment; 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 an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
4140
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 1. An Act providing for the board of elections of Towns County, approved April 13, 2001 (Ga. L. 2001, p. 3876), is amended by revising Section I as follows:
'SECTION I. (a) Pursuant to subsection (b) of Code Section 21-2-40 of the O.C.G.A., the board of elections of Towns County shall become the Board of Elections and Registration ofTowns County.' The board shall have the powers, duties, and responsibilities of the judge of the probate court of Towns 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 Towns County under Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.' The members of the board in office immediately prior to the effective date in this Act shall continue to serve until the regular expiration oftheir respective terms ofoffice. Successors thereto shall continue to be appointed as provided in Section 4 of this Act. (b) 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 Towns County, 'commissioner' means the Commissioner of Towns County, and 'county' means Towns County. (c) The board may request additional clerical assistants and staff 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 commissioner. The commissioner shall be responsible for determining the pay and salary of all clerical assistants and staff of the board. Any such persons shall be hired by the commissioner, who shall consider the recommendation of the board, and such clerical assistants shall be at-will, part-time employees of the commissioner. (d) The commissioner shall provide suitable offices and equipment and funding sufficient to employ the staff and other employees as may be necessary.'
SECTION 2. The commissioner shall cause, through his or her 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 3. This Act shall become effective on September I, 2008. Upon this Act becoming effective, the judge ofthe probate court ofTowns County and the existing board ofregistrars ofTowns 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.
GEORGIA LAWS 2008 SESSION
4141
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
NOTICE pUBLIC HEARINGS ON AMENDMENT TO BUILDING CODE OF TOWNS COUNTY On September 21, 2006, Towns County, Georgia adopted an Ordinance providing for Georgia State Minimum Standard Codes for Construction together with procedures for administration and enforcement of same (Building Code of Towns County) which became effective on January l, 2007. NOW THEREFORE BE IT NOTICED: The Commissioner of Towns County will propose the l st Amendment to the Ordinance providing for Georgia State Minimum Standard Codes for Construction together with procedures for administration and enforcement of same (Building Code of Towns County) by providing for inclusion of building setback requirements for any and all construction within the unincorporated areas of Towns County and certain special building setback requirements for construction on lots adjacent to Lake Chatuge. Further said l st Amendment will incorporate the Mountain Protection Act of Towns County within the Building Code of Towns County thereby providing for enforcement authority of said Act by the Towns County Building Department. The 1st Public Hearing followed by the lst reading of the proposed 1st Amendment to the Building Code of Towns County will be conducted at a regularly scheduled meeting of the Commissioner on January 17, 2008, at 6:00p.m.in the main courtroom in the Courthouse of Towns County, 48 River St. Hiawassee, Georgia 30546. The 2nd Public Hearing followed by the 2nd reading of the proposed 1st Amendment to the Building Code ofTowns County will be conducted at the regularly scheduled Commissioner Meeting on February 21, 2008 at 6:00 p.m. in the main courtroom in the Courthouse of Towns County, 48 River St., Hiawassee, Georgia 30546. Following said 2nd Public Hearing and 2nd Reading, the Commissioner will consider for adoption the lst Amendment to the Building Code of Towns County Georgia. This 27th day of December, 2007 By: Bill Kendall Sole Commissioner Towns County, Georgia N(Jan3, 10, 17)8
BOARD OF ELECTION AMENDMENT Commissioner Bill Kendall approved and sent the following legislative request to be introduced by Senator Nancy Schaefer and Representative Charles Jenkins. Commissioner Kendall stated that he did this only after the unanimous recommendation and request in writing from the following persons and offices affected. Probate Judge and Elections Superintendent Wayne Garrett
4142
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Board of Elections: Jonni Marie Shook, Chairman, David Keating, Barbara Shook, Charlie Kraus, Lynn Nations Board of Election Registrars: Irma Nichols, Chairman, Betty Phillips, Carolyn Chastain Republican Party Chairman, Rueben Davis Democratic Party Chairman, Ivan Summer Procedure for Effecting This Reorganization This reorganization must be initiated by the Commissioner's office, for the county, requesting that our local legislative delegation (Senator Schaefer and Representative Jenkins) have the Office ofLegislative Counsel draft a bill to this effect for introduction in the State Senate and House for passage. Upon passage and signature by the governor, the legislation must be submitted by the Commissioner's office to the United States Justice Department for approval under Section 5 of the 1965 voting Rights Act. The legislation will take effect immediately upon receipt of that approval. We recommend that you approve the suggested reorganization and that you move immediately to obtain the required legislative authorization for it in the coming 2008 session of the Georgia Legislature. A BILL TO BE ENTITLED AN ACT To amend an Act providing for the Board of Elections of Towns County, approved Aprill3, 2001 (ga. L. 2001, p. 3876), so as to re-create the board as the Board of Elections and Registration of Towns County; to provide for definitions; to provide for the composition of the board and the selection and appointment ofmembers; to relieve certain officers ofpowers and duties and to provide for the transfer of functions to the board; to provide for certain expenditures ofpublic funds; to provide for compensation ofpersonnel; to provide for offices and equipment; 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 an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION I An Act providing for the Board of Elections of Towns County, approved April13, 200 I (Ga. L. 2001, p. 3876), is amended by revising Section I as follows: "SECTION!" (a) Pursuant to subsection (b) of code section 21-2-40 of the O.C.G.A., the Board of Elections of Towns County shall become the Board of Elections and Registration of Towns County. The board shall have the powers, duties, and responsibilities of the judge of the probate court of Towns 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 Towns County under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." The members of the board in office immediately prior to the effective date in this Act shall continue to serve until the regular expiration of their respective terms of office. Successors thereto shall continue to be appointed as provided in Section 4 of this Act.
GEORGIA LAWS 2008 SESSION
4143
(b) 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 Towns county, "commissioner" means the Commissioner of Towns County, and "county" means Towns County. (c) The board may request additional clerical assistants and staff 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 Commissioner. The commissioner shall be responsible for determining the pay and salary ofall clerical assistants and staff of the board. Any such persons shall be hired by the commissioner, who shall consider the recommendation of the board, and such clerical assistants shall be at-will, part-time employees of the Commissioner. (d) The commissioner shall provide suitable offices and equipment and funding sufficient to employ the staff and other employees as may be necessary. SECTION 2 The Commissioner shall cause, through his or her 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 Jaw without such approval. SECTION 3 This Act shall become effective on September 1, 2008. Upon this Act becoming effective, the Judge of the Probate Court of Towns County and the existing Board of Registrars of Towns 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 4 All laws and parts of Jaws in conflict with this Act are repealed.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles Jenkins, who on oath deposes and says that he is the Representative from District 8 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Towns County Herald which is the official organ of Towns County on January 3, 2008, and that the notice requirements ofCode Section 28-1-14 have been met.
s/ CHARLES JENKINS Charles Jenkins Representative, District 8
4144
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 14th day of January, 2008.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 13, 2008.
WALTON COUNTY -BOARD OF EDUCATION; COMPENSATION.
No. 660 (House Bill No. 1410).
AN ACT
To amend an Act changing the manner and method of choosing members of the board of education of Walton County, approved Apri14, 1968 (Ga. L. 1968, p. 2974), as amended, so as to change the method of compensation of members of the board; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act changing the manner and method of choosing members of the board of education of Walton County, approved Apri14, 1968 (Ga. L. 1968, p. 2974), as amended, is amended by striking the last sentence of Section 3 and inserting in lieu thereof the following:
'Members of the board of education of Walton County shall receive a monthly salary equal to 10 percent of the monthly salary for a Georgia teacher with 0 years of service, salary step E, and aT-4 certificate as set forth in the Walton County Salary Schedule for Georgia Educators in effect on January I, 2008. Additionally, each member of the board may be reimbursed for expenses necessarily incurred while meeting or traveling in or outside the state on official business authorized by the board, in compliance with the Georgia Statewide Travel Regulations.'
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 2008 SESSION
SECTION 3. A111aws and parts of laws in conflict with this Act are repealed.
4145
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
STATE OF GEORGIA WALTON COUNTY
Notice is hereby given that there will be introduced at the 2008 Regular Session of the General Assembly of Georgia a Bill to amend an Act providing for the creation ofthe Walton County Board of Education, approved April4, 1968 (Ga. Laws 1968, page 2974) as amended providing for compensation of Members of the Walton County Board of Education, and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Len Walker, who on oath deposes and says that he is the Representative from District 107 and further deposes and says that the attached Notice oflntention to Introduce Local Legislation was published in the Walton Tribune which is the official organ of Walton County on January 9, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ LEN WALKER Len Walker Representative, District 107
Sworn to and subscribed before me, this 16th day of January, 2008.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 13, 2008.
4146
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
GRIFFIN-SPALDING COUNTY SCHOOL DISTRICT- HOMESTEAD EXEMPTION; SCHOOL TAXES; SENIOR CITIZENS; REFERENDUM.
No. 661 (House Bill No. 1475).
AN ACT
To provide a homestead exemption from Griffin-Spalding County school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for residents of that school district who are 65-69 years of age or older after a two-year phase-in period; to provide a homestead exemption from Griffin-Spalding County school district ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead for residents of that school district who are 70-74 years of age or older after a two-year phase-in period; to provide a homestead exemption from Griffin-Spalding County school district ad valorem taxes for educational purposes in the amount of $30,000.00 of the assessed value of the homestead for residents of that school district who are 75 years of age or older after a two-year phase-in period; to provide for definitions; to specify the terms and conditions ofthe exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) As used in this Act, the term:
(1) "Ad valorem taxes for educational purposes" means all ad valorem taxes for educational purposes levied by, for, or on behalf of the Griffin-Spalding County school district, except for any ad valorem taxes to pay interest on and to retire county school district bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (b)(1) Each resident of the Griffin-Spalding County school district who is 65 years of age or older on or before January 1 of the year in which application for the exemption under this paragraph is made is granted an exemption on that persons homestead from Griffin-Spalding County school district ad valorem taxes for educational purposes as follows:
(A) For the taxable year beginning on or after January 1, 2009, and prior to January 1, 2010, in the amount of $5,000.00 of the assessed value of that homestead; and (B) For all taxable years beginning on or after January 1, 2010, in the amount of $10,000.00 of the assessed value of that homestead.
GEORGIA LAWS 2008 SESSION
4147
The value of that property in excess of such exempted amount shall remain subject to taxation. (2) Each resident of the Griffin-Spalding County school district who is 70 years of age or older on or before January I of the year in which application for the exemption under this paragraph is made is granted an exemption on that person's homestead from Griffin-Spalding County school district ad valorem taxes for educational purposes as follows:
(A) For the taxable year beginning on or after January I, 2009, and prior to January I, 2010, in the amount of$10,000.00 of the assessed value of that homestead; and (B) For all taxable years beginning on or after January 1, 2010, in the amount of $20,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (3) Each resident of the Griffin-Spalding County school district who is 75 years of age or older on or before January 1 of the year in which application for the exemption under this paragraph is made is granted an exemption on that person's homestead from Griffin-Spalding County school district ad valorem taxes for educational purposes as follows: (A) For the taxable year beginning on or after January 1, 2009, and prior to January 1, 2010, in the amount of$15,000.00 of the assessed value of that homestead; and (B) For all taxable years beginning on or after January 1, 2010, in the amount of $30,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (4) No person shall be entitled to receive more than one of the exemptions under this subsection. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless such person or person's agent files an application with the tax commissioner of Spalding County, giving the person's age and such additional information relative to receiving such exemption as will enable the tax commissioner of Spalding County to make a determination regarding the initial and continuing eligibility of such person for such exemption. The tax commissioner of Spalding County shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G .A., as amended. The exemption shall be automatically renewed from year to year as long as the person granted the homestead exemption under subsection (b) of this section 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
4148
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
section to notify the tax commissioner of Spalding County in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect any state ad valorem taxes, county ad valorem taxes for county purposes, municipal ad valorem taxes for municipal purposes, or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in lieu of and not in addition to any other homestead exemption applicable to Griffin-Spalding County school district ad valorem taxes for educational purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January I, 2009.
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Spalding County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Spalding County school district for approval or rejection. 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 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 Spalding County. The ballot shall have written or printed thereon the words:
"( ) YES ( ) NO
Shall the Act be approved which provides a homestead exemption from Griffin-Spalding County school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for residents of that school district who are 65-69 years of age or older after a two-year phase-in period, a homestead exemption from said
ad valorem taxes in the amount of$20,0000.00 of the assessed value of the
homestead for residents who are 70-74 years of age or older after a two-year
phase-in period, and a homestead exemption from said ad valorem taxes in
the amount of $30,000.00 of the assessed value of the homestead for
residents who are 75 years ofage or older after a two-year phase-in period?"
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 ofthis Act shall become of full force and effect on January I, 2009. If the Act is not so approved or if the election is not conducted as provided in this section, Section I ofthis Act shall not become effective, and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Griffin-Spalding County. It shall be
the election superintendent's duty to certify the result thereof to the Secretary of State.
GEORGIA LAWS 2008 SESSION
4149
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 give that there will be introduced at the regular 2008 session of the General Assembly of Georgia a bill to provide homestead exemption from Griffin-Spaulding County school district ad valorem taxes for educational purposes for residents ofthat school district who are senior citizens; to provide for definitions; to specify the terms and conditions of the exemptions and the procedures relating to thereto; to provided for applicability; to provide for a referendum, effective dates, and automatic repeal; and for other purposes.
This 22nd day of 2008
Representative David Knight I 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 oflntention to Introduce Local Legislation was published in the Griffin Daily News which is the official organ of Spalding County on March 22, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ DAVID KNIGHT David Knight Representative, District 126
Sworn to and subscribed before me, this 26th day of March 2008.
sf DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia
4150
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 13,2008.
AMERICUS-SUMTER COUNTY PARKS AND RECREATION AUTHORITYREPEAL; TRANSFER OF ASSETS AND OBLIGATIONS.
No. 662 (House Bill No. 1002).
AN ACT
To repeal an Act creating the Americus-Sumter County Parks and Recreation Authority, approved April 19, 2000 (Ga. L. 2000, p. 4099); to provide for the transfer of all real and personal property, operating expenses, and contractual obligations of the Americus-Sumter County Parks and Recreation Authority to the City of Americus and Sumter County; to remove from office the appointed members of the authority; to provide for effective dates; 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 Americus-Sumter County Parks and Recreation Authority, approved April 19, 2000 (Ga. L. 2000, p. 4099), is repealed in its entirety.
SECTION 2. The appointed members of the Americus-Sumter County Parks and Recreation Authority shall not serve until the regular expiration of the respective terms of office to which they were appointed, and their terms of office shall expire on July 1, 2008.
SECTION 3. (a) The Americus-Sumter County Parks and Recreation Authority shall convey all of its real and personal property and all buildings, fixtures, equipment, supplies, and all other real and personal property which is vested in the authority to the City of Americus and Sumter County in such manner as shall be determined and agreed upon in an agreement between the City of Americus and Sumter County prior to such transfer. (b) The City of Americus and Sumter County shall assume all operating expenses of the authority and shall pay in due course and, at the times such obligations are due, in such manner and in such amounts as may be determined and agreed upon in an intergovernmental agreement between the City of Americus and Sumter County.
GEORGIA LAWS 2008 SESSION
4151
(c) The City of Americus and Sumter County shall assume all contractual obligations of the authority in effect prior to July 1, 2008, in such manner as shall be determined and agreed upon in an intergovernmental agreement between the City of Americus and Sumter County.
SECTION 4. (a) Sections 1 and 2 of this Act shall become effective on July 1, 2008. (b) The remaining Sections of this Act shall become effective upon this Act's approval by the Governor or upon this Act becoming law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the 2008 Session of the Georgia General Assembly legislation to repeal Georgia Laws 2000, Page 4099, which legislation established the Americus-Sumter County Parks and Recreation Authority; and for other purposes.
THIS, 7th day of January, 2008.
By: City of Americus and Board of Commissioners of Sumter County, Georgia January II, 2008.
GEORGIA, FULTON COUNTY
ersonally appeared before me, the undersigned authority, duly authorized to administer aths, Mike Cheokas, who on oath deposes and says that he is the Representative from 1istrict 134 and further deposes and says that the attached Notice of Intention to Introduce ocal Legislation was published in the Americus Times-Recorder which is the official organ f Sumter County on January 8, 2008, and that the notice requirements of Code ection 28-1-14 have been met.
s/ MIKE CHEOKAS Mike Cheokas Representative, District 134
4152
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 24th day of January, 2008.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 13, 2008.
TELFAIR COUNTY- BOARD OF COMMISSIONERS; METHOD OF ELECTION; ADVISORY REFERENDUM.
No. 663 (House Bill No. 1388).
AN ACT
To provide for an advisory referendum election to be held in Telfair County for the purpose of ascertaining whether the form of government in Telfair County should be changed from a board of commissioners consisting of five members elected from commissioner districts with the chairperson elected by the board members from among their number to a board of commissioners consisting of four members elected from commissioner districts and a fifth member to serve as a chairperson elected by the electors from the county at large; to provide for procedures, requirements, and other matters relative thereto; to make a certain declaration; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. It is the purpose of this Act to provide for an advisory referendum within Telfair County to determine ifthe voters of said county desire the governing authority be changed from a board of commissioners consisting of five members elected from commissioner districts with the chairperson elected by the board members from among their number to a board of commissioners consisting of four members elected from commissioner districts and a fifth member to serve as a chairperson elected by the electors from the county at large.
SECTION 2. (a) It shall be the duty of the election superintendent of Telfair County to issue the call for an advisory referendum election for the purpose of submitting the following question to the
GEORGIA LAWS 2008 SESSION
4153
voters of said county to determine whether the majority of electors voting at said election prefer that the governing authority of Telfair County be changed from a board of commissioners consisting of five members elected from commissioner districts with the chairperson elected by the board members from among their number to a board of commissioners consisting of four members elected from commissioner districts and a fifth member to serve as a chairperson elected by the electors from the county at large. The superintendent shall set the date of such election for the date of the November, 2008, general election. The superintendent shall issue the call for such election at least 60 days prior to the date thereof. 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 Telfair County. The ballot shall have printed thereon the following:
"Advisory Referendum Election
( ) YES ( ) NO
Shall the governing authority of Telfair County be changed from a board of commissioners consisting of five members elected from commissioner districts with the chairperson elected by the board members from among their number to a board of commissioners consisting of four members elected from commissioner districts and a fifth member to serve as a chairperson elected by the electors from the county at large?"
(b) It shall be the duty of the election superintendent of Telfair County to hold and conduct the advisory election provided for in this section and to tabulate the results of such election. It shall be the further duty of said superintendent to certify the results of said election to the Secretary of State and to each member of the General Assembly whose senatorial or representative district lies wholly or partially within Telfair County. The expense of such election shall be borne by Telfair County. (c) It is found, determined, and declared that the holding of an advisory referendum election as provided for in this section is in all respects for the benefit of the people of Telfair County and is for a public purpose and is an essential governmental function for which public funds may be expended.
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 2008 session of the General Assembly of Georgia a bill to provide for an advisory referendum election to be held in Telfair County for the purpose of ascertaining whether the form of government in Telfair County should be changed from a board of commissioners consisting of members elected from commissioners districts with the chairperson elected by the board members from among their number to a board of commissioners consisting of four members elected from
4154
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
commissioner districts and a fifth member to serve as a chairperson elected by the electors from the county at large; to provide for procedures, requirements, and other matters relative thereto; to make a declaration; to repeal conflicting laws; and for other purposes.
This 27th day ofFebruary,2008.
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 ofintention to Introduce Local Legislation was published in the Telfair Enterprise which is the official organ of Telfair County on February 27, 2008, 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 3rd day of March 2008.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 13, 2008.
GEORGIA LAWS 2008 SESSION
4155
CITY OF LAVONIA- CORPORATE LIMITS.
No. 664 (House Bill No. 1375).
AN ACT
To amend an Act providing a new charter for the City of Lavonia, approved May 13, 2002 (Ga. L. 2002, p. 5809), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3908), and by an Act approved May 17, 2004 (Ga. L. 2004, p. 4294), so as to change and extend the corporate limits of said city; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing a new charter for the City of Lavonia, approved May 13, 2002 (Ga. L. 2002, p. 5809), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3908), and by an Act approved May 17, 2004 (Ga. L. 2004, p. 4294), is amended by striking subsection (a) of Section 1.11 and inserting in its place the following:
'(a) The boundaries of this city shall be as described in: (1) An Act approved June 4, 1964 (Ga. L. 1964, Ex. Sess., p. 2008); (2) An Act approved April 16, 1999 (Ga. L. 1999, p. 4553); (3) Any annexation action taken by the city pursuant to general law and shown as part of the corporate limits on the official map of the corporate limits of the City of Lavonia dated February 15, 2003, which map is retained in the office of the mayor of the city, with such alterations as may be made from time to time in the manner provided by law; (4) In addition to the present territory included within the corporate limits of the city, the corporate limits shall specifically include the following described road and right of way, all of which are located in Franklin County, Georgia: 'All that tract or parcel of land lying and being in the 206 District G.M. of Franklin County, Georgia, and consisting of the right of way of Georgia Highway 17 extending from the present corporate limits of Lavonia in a southerly direction to its intersection with Lankford Road;' and (5) In addition to the present territory included within the corporate limits ofthe city, the corporate limits shall specifically include the following described road and right of way, all of which are located in Franklin County, Georgia: 'All that tract or parcel of land lying and being in the 206 District G.M. of Franklin County, Georgia, and consisting of the right of way of Georgia Highway 17 extending from the present corporate limits of Lavonia located at the intersection of Georgia Highway 17 and Lankford Road to the line representing the southern most intersection of the rights of way of Georgia Highway 17 and Grady School Road.
4156
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
All references to roads, highways, and public rights of way in this subsection shall specifically include the current width of said public road, street, highway, drive, circle, or other rights of way and specifically include the entire right of way. The boundaries of this city at all times shall be shown on a map, a written description, or any combination thereof to be retained permanently in the office of the mayor and to be designated, as the case may be: 'Official Map of the corporate limits ofthe City of Lavonia, Georgia.' Photographic, typed, or other copies of such map or description certified by the city manager shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 2008 Session of the General Assembly of the State of Georgia a bill regarding the corporate limits of the City of Lavonia to amend an act providing a new charter for the City of Lavonia approved May 13, 2002 (Ga. L. 2002, p. 5908) as amended (Ga. L. 2003, p. 3908) to extend and change the boundaries of the City of Lavonia, Georgia, by annexation of a certain public road and right of way; to repeal conflicting provisions; and for other purposes.
This 8th day of February, 2008.
Mayor and Council, City of Lavonia By: Ralph Owens, Mayor
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 oflntention to Introduce Local Legislation was published in the Franklin County Citizen which is the official organ of Franklin County on February 14, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
sf ALAN POWELL Alan Powell Representative, District 29
GEORGIA LAWS 2008 SESSION
sworn to and subscribed before me, this 29th day of February 2008.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 13, 2008.
4157
TELFAIR COUNTY- CONSTITUTIONAL OFFICERS; TERM LIMITS; ADVISORY REFERENDUM.
No. 665 (House Bill No. 1387).
AN ACT
To provide for an advisory referendum election to be held in Telfair County for the purpose ofascertaining whether constitutional officers should continue to have term limits; to provide for procedures, requirements, and other matters relative thereto; to make a certain declaration; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. It is the purpose of this Act to provide for an advisory referendum within Telfair County to determine if the voters of said county desire to eliminate term limits for the commissioners of Telfair County.
SECTION 2. (a) It shall be the duty of the election superintendent of Telfair County to issue the call for an advisory referendum election for the purpose of submitting the following question to the voters of said county to determine whether the voters of said county prefer to eliminate term limits for constitutional officers of Telfair County. The superintendent shall set the date of such election for the date of theN ovember, 2008, general election. The superintendent shall issue the call for such election at least 60 days prior to the date thereof. 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 Telfair County. The ballot shall have printed thereon the following:
4158
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL.Il
"Advisory Referendum Election
( ) YES Should term limits be eliminated for constitutional officers of Telfair ( ) NO County?"
(b) It shall be the duty of the election superintendent of Telfair County to hold and conduct the advisory election provided for in this section and to tabulate the results of such election. It shall be the further duty of said superintendent to certify the results of said election to the Secretary of State and to each member of the General Assembly whose senatorial or representative district lies wholly or partially within Telfair County. The expense of such election shall be borne by Telfair County. (c) It is found, determined, and declared that the holding of an advisory referendum election as provided for in this section is in all respects for the benefit ofthe people of Telfair County and is for a public purpose and is an essential governmental function for which public funds may be expended.
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 2008 session of the General Assembly of Georgia a bill to provide for an advisory referendum election to be, held in Telfair County for the purpose ofascertaining whether constitutional officers should continue to have term limits; to provide for procedures, requirements and other matters relative thereto; to make a certain declaration; to repeal conflicting laws; and for other purposes.
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 oflntention to Introduce Local Legislation was published in the Telfair Enterprise which is the official organ of Telfair County on February 27, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JAY ROBERTS Jay Roberts Representative, District !54
GEORGIA LAWS 2008 SESSION
Sworn to and subscribed before me, this 3rd day of March 2008.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 13, 2008.
4159
WARE COUNTY- BOARD OF COMMISSIONERS; REDISTRICT.
No. 666 (House Bill No. 1137).
AN ACT
To amend an Act creating a board of commissioners for Ware County, approved March 15, 1963 (Ga. L. 1963, p. 2237), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4404), so as to change the boundaries of the commissioner districts; to provide for certain definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission for preclearance under Section 5 of the Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating a board of commissioners for Ware County, approved March 15, 1963 (Ga. L. 1963, p. 2237), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4404), is amended by revising Sections 2 and 3 as follows:
"SECTION 2. (a) For the purpose of electing members of the board of commissioners, other than the chairperson, Ware County is divided into four commissioner districts. One member shall be elected from each such district. The four commission districts shall be and correspond to those four numbered districts described in and attached to and made a part of this Act and further identified as Plan Name: wareccp8 Plan Type: Local User: staff Administrator: Ware Co.
4160
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) When used in the 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 Ware County which is not included in any such district described in the 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 Ware County which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. 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 3. (a) The members of the board of commissioners for Ware County shall be elected as provided in this subsection. The first members from Commissioner Districts I and 3 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 I and 3 in 2010 shall take office the first day of January 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. The chairperson and the first members from Commissioner Districts 2 and 4 shall be elected at the general election on the Tuesday next following the first Monday in November, 2008. The chairperson and those members of the board elected thereto from Commissioner Districts 2 and 4 in 2008 shall take office the first day ofJanuary 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. 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 ofJanuary immediately following that election, and shall serve for terms of office of four years each. Members of the board shall serve for the terms of office specified therefor in this subsection and until their respective successors are elected and qualified.
(b) All members of the board who are elected thereto shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'
GEORGIA LAWS 2008 SESSION
4161
(c) Commissioner Districts 1, 2, 3, and 4, as they exist immediately prior to the effective date of this Act, shall continue to be designated as Commissioner Districts 1, 2, 3, and 4, respectively, but as newly described under this Act, and on and after the effective date of this Act, such members ofthe board serving from those former commissioner districts shall be deemed to be serving from and representing their respective districts as newly described under this Act.'
SECTION 2. The Attorney General shall cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 30 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Plan Name: wareccp8 Plan Type: Local User: staff Administrator: Ware Co.
Redistricting Plan Components Report
District 001 Ware County
Tract: 9503 BG: I 1018 1019 1020 1021 1022 1036 BG: 2 2034 2059 2060 2061 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 Tract: 9504 BG: I 1005 1006 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1034 BG:2 BG: 3 BG:4
4162
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
4000 4001 4002 4003 4004 4005 4012 4013 4019 4021 4022 4023 4024 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 Tract: 9505 BG: 2 2024 2025 BG: 3 3004 3005 3006 3007 3008 3010 3011 3015 3018 3019 3020 3021 BG:4 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 BG: 5 5003 5004 5007 5009 5010 5012 5013 5014 5015 5016 5018 5019 5037 Tract: 9507 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 3029 3030 3031 3032 3033 Tract: 9508 BG: I BG: 2 2000 2001 2002 2003 2004 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 BG: 3 BG: 4 4000 4001 4002 4003 4032 BG: 5 5013 5014 5049 5050 5114 5115 5999 Tract: 9509 BG: I
1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 BG: 2 2011 2012 2013 2014 BG: 3
GEORGIA LAWS 2008 SESSION
3002 3003 3004 3005 3006 3007 3008 3009 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030
District 002 Ware County
Tract: 9504 BG: 1 1000 1001 1002 1003 1004 1007 1008 1009 1010 1011 1012 1013 1014 1015 1031 1032 1033 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 Tract: 9505 BG: 1 1001 BG: 2 202620272028203020322033203420352036203720382039 2040 2041 2042 2043 2044 2045 2046 BG: 5 5000 5001 5002 5017 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 Tract: 9506 Tract: 9507 BG: 3 3034 Tract: 9509 BG: 1 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1075 1076 1077 1078 1079 1121 1122 1123 1124 1125 1126 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2015 201620172018201920202021202220232024202520262027 2028 2029 2030 2031 2032 2033 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 BG: 3 3000 30013010 30113012 3013 3014 3015 3016 3017 3018 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067
4163
4164
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
3068 3069 3070 3071 BG:4 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 4101 4102
District 003 Ware County
Tract: 9502 BG: 2 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 BG: 3 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 30553056305730583999 Tract: 9503 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1037 1038 1039 1040 1041 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 202420252026202720282029203020312032203320352036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 BG: 3 3009 Tract: 9504 BG:4 4006 4007 4008 4009 4010 4011 4014 4015 4016 4017 4018 4020 4025 4046 4047 Tract: 9505 BG: I
100010021003100410051006100710081009101010111012 1013 10141015 101610171018 10191020102110221023 1024 1025 1026 1027 1028 1029 1030 10311032 1033 1034 1035 1036 1037
GEORGIA LAWS 2008 SESSION
4165
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 2029 2031 BG: 3 3000 3001 3002 3003 3009 3012 3013 3014 3016 3017 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 BG: 4 4000 BG: 5 5005 5006 5008 50 II Tract: 9508 BG: 2 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2059 2999 BG:4 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 404 7 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4061 4062 4063 4064 4065 4066 4067 4068 4069 4070 4071 4072 4073 4074 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5015 5016 5017 5018 5019 5106 5107 5108 5109 5110 5111 5112 5113 5998
District 004 Ware County
Tract: 9501 Tract: 9502 BG: I BG: 2 2000 200 I 2002 2003 2004 2005 2006 2007 2008 2009 20 I0 20 II 2012 2013 2014 2015 2016 2017 2028 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 3042 3043 3059 3060 3061 3062 3063 3064 3065
4166
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BG:4 Tract: 9508 BG: 5 5020 5021 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 5051 5052 5053 5054 5055 5056 5057 5058 5059 5060 5061 5062 5063 5064 5065 5066 5067 5068 5069 5070 5071 5072 5073 5074 5075 5076 5077 5078 5079 5080 5081 5082 5083 5084 5085 5086 5087 5088 5089 5090 5091 5092 5093 5094 5095 5096 5097 5098 5099 5100 5101 5102 5103 5104 5105 5116 5117 5118 5119 5997 BG: 6 Tract: 9509 BG: I 1000 10011002 1003 1004 1005 1006 1007 1008 1027 1028 1029 1030 1071 1072 1073 1074 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 BG: 2 2034 2035 2036 2037 2038 2039 BG: 3 3072 BG:4 4000 4001 4002 4003 4004 4005 4006 4007 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4061 4062 4063 4064 4065 4066 4067 4068 4069 40704071 4072 4073 4074 4075 4076 4077 4078 4079 4080 4081 4082 4083 4084 4085 4086 4087 4088 4089 4090 4091 4092 4093 4094 4095 4096 4097 4098 4099 4100
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2008 session of the General Assembly of Georgia a bill to amend an Act creating a board of commissioners for Ware County, approved March 15, 1963 (Ga. L. 1963, p. 2237), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4404), so as to change the boundaries of the commissioner districts; to provide for certain definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission for preclearance under Section 5 of the
GEORGIA LAWS 2008 SESSION
4167
Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting Jaws; and for other purposes.
This 1st day of February, 2008.
J. Mark Hatfield Georgia State Representative District 177
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, 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 Waycross Journal-Herald which is the official organ of Ware County on February 2, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ MARK HATFIELD Mark Hatfield Representative, District 177
Sworn to and subscribed before me, this 7th day of February 2008.
sf DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 13, 2008.
4168
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF WAYCROSS- HOMESTEAD EXEMPTION; CITY TAXES; BASE YEAR; REFERENDUM.
No. 667 (House Bill No. 1442).
AN ACT
To provide for a homestead exemption from City of Waycross 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 Waycross, including, but not limited to, any ad valorem taxes for special district purposes and to pay interest on and to retire municipal bonded indebtedness. (2) "Base year" means the taxable year immediately preceding the taxable year in which the exemption under subsection (b) of this section is first granted to the most recent owner of such homestead. (3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended, with the additional qualification that it shall include not more than five contiguous acres of homestead property. (b) Each resident of the City of Waycross is granted an exemption on that person's homestead from City of Waycross 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 such homestead or additional land that is added to such homestead after January 1 of the base year. If any real property is removed from such homestead, the base year assessed value shall be adjusted to reflect such removal, and the exemption shall be recalculated accordingly. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless such person or person's agent files an application with the governing authority of the City of Waycross, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Waycross, or
GEORGIA LAWS 2008 SESSION
4169
the designee thereof, to make a determination regarding the initial and continuing eligibility of such person for such exemption. The governing authority of the City of Waycross, 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 person granted the homestead exemption under subsection (b) of this section 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 Waycross, or the designee thereof, in the event that person for any reason becomes ineligible for such exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect any state ad valorem taxes, county ad valorem taxes for county purposes, 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 City of Waycross ad valorem taxes for municipal purposes. (t) The exemption granted by subsection (b) of this section 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 municipal election superintendent of the City of Waycross 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 Waycross for approval or rejection. The municipal election superintendent shall conduct that election on the date of the 2008 state-wide general election and shall issue the call and conduct that election as provided by general law. The municipal election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of the City of Waycross. 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 Waycross 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 ofthe Act shall vote "Yes," and all persons desiring
to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 ofthis 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
4170
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 Waycross. 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 2008 session of the General Assembly of Georgia a bill to provide for a homestead exemption from City of Waycross 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 6th day of March, 2008.
J. Mark Hatfield Georgia State Representative District 177 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, 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 Waycross Journal Herald which is the official organ of Ware County on March 8, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
GEORGIA LAWS 2008 SESSION
4171
s/ MARK HATFIELD Mark Hatfield Representative, District 177
Sworn to and subscribed before me, this 13th day of March 2008.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 13, 2008.
STEWART COUNTY -BOARD OF EDUCATION; COMPENSATION.
No. 668 (House Bill No. 1457).
AN ACT
To amend an Act relating to the Board of Education of Stewart County and providing for the election of the members thereof, approved March 21, 1969 (Ga. L. 1969, p. 2264), as amended, particularly by an Act approved March 25, 1996 (Ga. L. 1996, p. 3592), so as to provide for the compensation and expenses of the members of the Board of Education of Stewart County; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act relating to the Board of Education of Stewart County and providing for the election of the members thereof, approved March 21, 1969 (Ga. L. 1969, p. 2264), as amended, particularly by an Act approved March 25, 1996 (Ga. L. 1996, p. 3592), is amended by revising Section 1.1 as follows:
'SECTION 1.1. Members of the Board of Education of Stewart County shall each receive within per diem of $100.00 with the exception of the chairperson who shall receive a per diem of $150.00, for each day of attendance at meetings of the board and while meeting and traveling within
4172
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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. All accounts for such service and expenses shall be approved and verified prior to reimbursement in such manner as shall be specified by the board. The compensation of members of the board shall be paid only from the local tax funds available to such local board for educational purposes. As a part of the compensation of such office, each member of the board shall be entitled to participate in any school district group insurance plan to the extent authorized in Code Section 20-2-55 ofthe Official Code of Georgia Annotated.'
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 2008 Session of the General Assembly of Georgia a bill to amend the method of compensation and reimbursement of the members of the Stewart County Board of Education; to provide for other matters relative thereto; and for other purposes.
This 25th day of February, 2008.
Floyd P. Fort, Superintendent of Schools for Stewart County Board of Education
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 March 6, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ BOB HANNER Bob Hanner Representative, District 148
GEORGIA LAWS 2008 SESSION
sworn to and subscribed before me, this 13th day of March 2008.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 13, 2008.
4173
WHITE COUNTY- HOMESTEAD EXEMPTION; COUNTY TAXES; SENIOR CITIZENS; CHANGE DEFINITION; REFERENDUM.
No. 669 (House Bill No. 1422).
AN ACT
To amend an Act providing a homestead exemption from White County ad valorem taxes other than county school district taxes for educational purposes for persons 65 years and older whose income does not exceed $15,000.00, approved March 24, 1988 (Ga. L. 1988, p. 4472), so as to change the definition of the term "income"; to provide for a referendum; to provide for 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 providing a homestead exemption from White County ad valorem taxes other than county school district taxes for educational purposes for persons 65 years and older whose income does not exceed $15,000.00, approved March 24, 1988 (Ga. L. 1988, p. 4472), is amended by revising paragraph (2) of Section I as follows:
'(2) 'Income' means gross income from all sources, exclusive of income received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system.'
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of White County shall call and conduct an election as provided in this section
4174
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
for the purpose of submitting this Act to the electors of White County for approval or rejection. The election superintendent shall conduct that election on the date of the general election in November, 2008, 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 White 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 White County ad valorem taxes in an amount up to $15,000.00 of the homesteads of persons age 65 and older shall henceforth be available to those whose income does not exceed $15,000.00, excluding retirement, survivor, or disability benefits?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 shall become of full force and effect on January 1, 2009, and shall be applicable to that and each subsequent tax year. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by White 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 2008 session of the General Assembly of Georgia a bill to amend an Act entitled "An Act to provide a homestead exemption from all White County ad valorem taxes other than county school district taxes for educational purposes," approved March 24, 1988 (Ga. L. 1988, p. 4472), so as to change the definition of the term "income"; to provide for a referendum; to provide for effective dates, applicability, and automatic repeal; to repeal conflicting laws; and for other purposes.
This 22nd day of February, 2008.
GEORGIA LAWS 2008 SESSION
sf Ben Bridges
Representative Ben Bridges 1Oth District
4175
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben Bridges, who on oath deposes and says that he is the Representative from District 10 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the White County News which is the official organ of White County on March 6, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
sf BEN BRIDGES Ben Bridges Representative, District 10
Sworn to and subscribed before me, this lOth day of March 2008.
sf LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)
Approved May 13, 2008.
CITY OF ALLENTOWN- NEW CHARTER.
No. 670 (Senate Bill No. 557).
AN ACT
To provide a new charter for the City of Allentown; to provide for incorporation, boundaries, and powers of the city; to provide for government of the city by a city council composed of a mayor and councilmembers; to provide for the election, service, compensation, powers, and duties of the mayor and councilmembers; to provide for the powers and procedures of the city council; to provide for city officers, employees, departments, and agencies; to provide for a municipal court and its jurisdiction, powers, officers, and affairs; to provide for
4176
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
municipal elections; to provide for the removal of officers; to provide for the imposition, assessment, collection, and enforcement of various forms of municipal taxation; to provide for municipal licenses, franchises, contracts, and conveyances; to provide for all other matters necessary and proper for the city, its government, and the conduct of business as a municipal corporation; to repeal a specific Act; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I INCORPORATION AND POWERS
SECTION 1.10. Incorporation.
The City of Allentown in the Counties of Wilkinson and Twiggs and the inhabitants thereof are hereby constituted and declared a body politic and corporate under the name and style Allentown, Georgia, and by that name shall have perpetual succession.
SECTION 1.11. Boundaries.
(a) The corporate limits of this city shall be as follows: One mile in every direction from the center point between the rails of the Macon, Dublin, and Savannah Railroad at the public highway crossing of the public road between the Four County Bank and the former H.C. Melton Store Lot in the Town of Allentown. 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 Allentown, Georgia." Photographic, typed, or other copies of such map or description certified by the town 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. Municipal powers.
(a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically
GEORGIA LAWS 2008 SESSION
4177
enumerated in this charter. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. Said powers shall include, but are not limited to, the following:
(1) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city; (2) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this paragraph; (3) Appropriations and expenditures. To make appropriations for the support of the government ofthe city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of this city; (4) Building regulations. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades; (5) Business regulation and taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A. or such other laws as are or may be hereafter enacted; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for the failure to pay any city taxes or fees; (6) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other laws as are or may hereafter be enacted; (7) Contracts. To enter into contracts and agreements with other governments and entities and with private persons, firms, and corporations; (8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists inside or outside the city and to make and carry out 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;
4178
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(10) Fire regulations. To fix and establish fire limits and from time to time extend, enlarge, or restrict the same; to prescribe fire safety regulations, not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (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 ofcollecting 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 the 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, or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens on such terms and conditions as the donor or grantor may impose; (14) Health and sanitation. To prescribe standards of health and sanitation within the city 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 squares in the city; to provide for the commitment of such persons to any jail; or to provide for the commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (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, 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;
GEORGIA LAWS 2008 SESSION
4179
(21) 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, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties therefor; and to provide for the withdrawal of service for refusal or failure to pay the same; (22) Nuisances. 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; (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, playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; to provide 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 0 .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 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 public utilities and public services and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission; (31) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, inside or abutting the corporate limits of the city and to prescribe penalties and punishment for violation of such ordinances;
4180
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(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) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system; to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charge; and to impose and collect a sewer connection fee or fees to those connected with the system; (35) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and provide for the sale of such items; (36) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale or transportation of intoxicating liquors, and the use of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxing or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (37) Special assessments. To levy and provide for the collection of special assessments to cover the costs of any public improvement; (38) Ad valorem taxes. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (39) Other taxes. 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,
GEORGIA LAWS 2008 SESSION
4181
security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; 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 ofthe 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 LEGISLATIVE BRANCH
SECTION 2.10. City council: creation, number, election.
The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and five councilmembers. The mayor and councilmembers shall be elected in the manner provided by this charter. Notwithstanding any other provisions of this charter or any previous charter, the terms of the mayor and councilmembers serving on the effective date ofthis charter shall continue until December 21, 2009, and until their successors are elected and qualified. On the Tuesday next following the first Monday in November, 2009, and every four years thereafter, there shall be an election for a mayor and five councilmembers of the city, who shall hold office for four years and until their successors are elected and qualified. At all such elections all persons who are qualified under the Constitution and laws of Georgia to vote for members of the General Assembly of Georgia and who have been bona fide residents of said city immediately preceding the date of such election shall be eligible to qualify as voters in the election.
4182
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2.11. City council: terms and qualifications for office.
The members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless he or she has been a resident of the city for a period of 12 months immediately prior to the date of the election of mayor or members of the city council; each shall continue to reside therein during his or her period of service and to be registered and qualified to vote in the municipal elections of this city.
SECTION 2.12. Vacancies in office.
(a) Vacancies - The office of mayor or councilmember shall become vacant upon the occurrence of any event specified by the Constitution, 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, 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 as provided for in Section 5.14 of this charter.
SECTION 2.13. Compensation and expenses.
The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance.
SECTION 2.14. Conflicts of interest; holding other offices.
(a) Conflict of interest- No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge 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;
GEORGIA LAWS 2008 SESSION
4183
(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; (4) Accept any valuable gift, whether in the form of service, loan, object, or promise, from any person, firm, or corporation which to his or her knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which he or she is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he or she has a financial interest. (b) Disclosure- 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 herselffrom participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity. (c) 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. (d) 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. (e) 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 he or she 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 he or she was elected. (t) 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. (g) Penalties for violation -
4184
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(I) Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited such office or position. (2) Any officer or employee of the city who forfeits his or her office or position as described in paragraph (I) ofthis subsection shall be ineligible for appointment or election to or employment in a position in the city government for a period ofthree years thereafter.
SECTION 2.15. Inquiries and investigations.
The city council may make inquiries and investigations into the affairs of the city and the conduct of any department, officer, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as provided by ordinance.
SECTION 2.16. General power and authority of the city council
Except as otherwise provided by this charter, the city council shall be vested with all the powers of government of this city as provided by Article I of this charter.
SECTION 2.17. 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 facilities, waterworks, electrical systems, cable television 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. Organization and oath of office.
The city council shall hold an organizational meeting at the first regular meeting in January following an election. The meeting shall be called to order by the city clerk and the oath of the office shall be administered by a person duly authorized by law to administer oaths to the newly elected members as follows:
GEORGIA LAWS 2008 SESSION
4185
"I do solemnly (swear)(affirm) that I will faithfully perform the duties of (mayor)(councilmember) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. 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 the City of Allentown for the time required by the Constitution and laws of this state and by the municipal charter. I will perform the duties of my office in the best interest of the City of Allentown to the best of my ability without fear, favor, affection, reward, or expectation thereof."
SECTION 2.19. Regular and special meetings.
(a) The city council shall hold regular meetings at such times and places as prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or 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 without unanimous consent of such councilmembers present. (c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be given as required by law.
SECTION 2.20. 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 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.
4186
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2.21. Quorum.
Three councilmembers shall constitute a quorum and shall be authorized to transact the business ofthe city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three councilmembers shall be required for the adoption of any ordinance, resolution, or motion.
SECTION 2.22. Ordinances.
(a) Every proposed ordinance should be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "The Council of the City of Allentown hereby ordains..." and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided for in Section 2.24. 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 2.23. Effect of ordinances.
Acts of the city council which have the force and effect oflaw shall be enacted by ordinance.
SECTION 2.24. Emergencies.
To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or three councilmembers and may promptly adopt an emergency ordinance, but such ordinance shall not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause,
GEORGIA LAWS 2008 SESSION
4187
a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least three councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency continues to exist. An emergency ordinance shall also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption ofemergency ordinances.
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: (I) 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 city clerk pursuant to Section 2.26 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the city clerk for distribution or for purchase at a reasonable price.
SECTION 2.26. Signing; authenticating; recording; codification; printing of ordinances.
(a) The city clerk shall authenticate by his or her signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the council. (b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly together with all amendments thereto and shall contain such codes oftechnical 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 Allentown, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city and shall be made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication ofthe first code under this charter and at all times thereafter,
4188
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the ordinances and charter amendments shall be printed in substantially the same style as the code then in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any changes in or additions to codes of technical regulations and other rules and regulations included in the code.
SECTION 2.27. Election of mayor; forfeiture; compensation.
The mayor shall be elected and serve for a term of four years and until a successor is elected and qualified. The mayor shall be a registered voter and qualified elector of this city and shall have been a resident of the city for 12 months immediately preceding his or her election. The mayor shall continue to reside in this city during the period of his or her service. The mayor shall forfeit his or her office on the same grounds and under the same procedure as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers.
SECTION 2.28. Mayor pro tempore.
By a majority vote, the city council shall elect a councilmember to serve as mayor pro tempore. The mayor pro tempore shall assume the duties and powers of the mayor during any disability or absence of the mayor. Any such disability or absence shall be declared by a majority vote of the city council. The city council shall by majority vote elect a presiding officer from its number for any period in which the mayor pro tempore is disabled, absent, or acting as mayor. Such absence or disability shall be declared by majority vote of the city council.
SECTION 2.29. Duties of mayor.
The mayor shall: (I) Preside at all meetings of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes and shall be the official spokesperson for the city and the chief advocate of policy;
(3) Have the power to administer oaths and to take affidavits; (4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, and other instruments executed by the city which by law are required to be in writing;
GEORGIA LAWS 2008 SESSION
4189
(5) Not vote on matters before the city council or be counted toward a quorum as any other councilmember, except in the election of department heads or disciplinary matters or in the event of a tie vote by the council; (6) Prepare and submit to the city council a recommended annual operating budget and a recommended capital budget; and (7) Fulfill such other executive and administrative duties as the city council shall by ordinance establish.
SECTION 2.31. Veto power.
(a) Every ordinance adopted by the city council shall be presented promptly by the city clerk to the mayor. (b) The mayor, within ten days of receipt of an ordinance, shall return it to the city clerk with or without his or her approval or with his or her disapproval. If the ordinance has been approved by the mayor, it shall become law upon its return to the city clerk. If the ordinance is neither approved nor disapproved, it shall become law at 12:00 Noon on the tenth calendar day after its adoption. If the ordinance is disapproved, the mayor shall submit to the city council through the city clerk a written statement of the reasons for such veto. The city clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor. (c) Ordinances vetoed by the mayor shall be presented by the city clerk to the city council at its next meeting. If the city council then or at its next general meeting adopts the ordinance by 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 city council over the mayor's veto as provided herein. The reduced part or parts shall be presented to the city council as though disapproved and shall become law unless overridden by the council as provided in subsection (c) of this section.
ARTICLE III ADMINISTRATIVE AFFAIRS
SECTION 3.10. Department directors.
(a) Except as otherwise provided in this charter, the city council by ordinance shall prescribe the functions or duties, and establish, abolish, or alter all nonelective offices, positions of employment, departments, and agencies of the city, as necessary for the proper administration of the affairs and government of this city.
4190
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) Except as otherwise provided by this charter or by law, the directors of departments and other officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor, be responsible for the administration and direction of the affairs and operations of his or her department or agency. (e) All directors under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the city council. The mayor may suspend or remove directors under his or her supervision but such suspension or removal shall not be effective for ten calendar days following the mayor's giving written notice of such action and the reason therefor to the director involved and to the city council. The director involved may appeal to the city council which, after a hearing, may override the mayor's action by a vote of three councilmembers.
SECTION 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 this charter or by law, no member of any board, commission, or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed herein 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 he or she has executed and filed with the city clerk 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) Any member of a board, commission, or authority may be removed from office for cause by a vote of three members of the city council.
GEORGIA LAWS 2008 SESSION
4191
(h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairperson and one member as vice chairperson, and may elect as its secretary one of its members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, an ordinance of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the city clerk.
SECTION 3.12. City attorney.
The city council shall appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party, may be the prosecuting officer in the municipal court, shall attend the meetings of the council as directed, shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs, and shall perform such other duties as may be required of him or her by virtue of his or her 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, maintain city council records required by this charter, and perform such other duties as may be required by the city council.
SECTION 3.14. City treasurer.
The city council shall appoint a city treasurer to collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of this charter and the ordinances of the city, and to enforce all laws of Georgia relating to the collection 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.
4192
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 3.16. Classification and pay plan.
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 3.17. Personnel policies.
The city council shall adopt rules and regulations consistent with this charter concerning: (I) The method of employee selection and probationary periods of employment; (2) The administration of the position classification and pay plan, methods of promotion and application of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) Such dismissal hearings as due process may require; and (5) Such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs.
ARTICLE IV JUDICIAL BRANCH
SECTION 4.10. Municipal court.
There shall be a court to be known as the Municipal Court of the City of Allentown.
SECTION 4.11. Judges.
(a) The municipal court shall be presided over by a chiefjudge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. The method of selection and terms of such judges shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless he or she shall have attained the age of 21 years and shall be a member of the State Bar of Georgia. All judges shall be appointed by the city council.
GEORGIA LAWS 2008 SESSION
4193
(c) Compensation of the judge or judges shall be fixed by ordinance. (d) Judges may be removed for cause by a vote of three members of the city council. (e) Before assuming office, each judge shall take 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 required in Section 2.20 of this charter.
SECTION 4.12. Convening of court.
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 the authority to punish those in its presence for contempt, provided that such punishment shall not exceed a fine of $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of$500.00 or imprisonment for 90 days or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by state law or local ordinance. (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 actual cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violation ofstate law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety bond for the appearance of persons charged with violations. Whenever any person shall give bail for his or her appearance and shall fail to appear at the time fixed for trial, his or her bond shall be forfeited by the judge presiding at such time and an execution shall be issued thereon by serving the defendant and his or her sureties with a rule nisi at least two days before a hearing on the rule nisi. 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.
4194
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(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 may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (i) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city. (j) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to magistrate courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations.
SECTION 4.14. Certiorari.
The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge ofthe Superior Court ofW ilkinson County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.
SECTION 4.15. Rules for municipal court.
With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to superior courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings.
GEORGIA LAWS 2008 SESSION
ARTICLE V ELECTIONS AND REMOVAL
4195
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., relating to elections and primaries, as now or hereafter amended.
SECTION 5.11. Election of officers.
Notwithstanding any other provisions ofthis charter or any previous charter, the terms of the mayor and councilmembers serving on the effective date of this charter shall continue until December 21, 2009, and until their successors are elected and qualified. On the Tuesday next following the first Monday in November, 2009, and every four years thereafter, there shall be an election for the mayor and city council. The terms of office shall begin at the time of taking the oath of office 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. Plurality.
(a) The mayor shall be elected from the city at large. All councilmembers shall be elected from the city at large. (b) For the office of mayor, the candidate receiving the highest number of the votes cast shall be elected. (c) For the office of councilmembers, those five candidates receiving the five highest numbers of votes cast shall be elected.
SECTION 5.14. Vacancies.
In the event that the office of mayor or councilmember shall become vacant for any cause whatsoever, the city council or those remaining shall appoint a successor for the remainder of the term.
4196
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 5.15. Other provisions.
Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under Chapter 2 of Title 21 of the O.C.G.A.
SECTION 5.16. Removal of officers.
(a) The mayor, a councilmember, or other appointed officers provided for in this charter shall be removed from office for any 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 any officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods:
(I) 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 herein provided shall have the right of appeal from the decision of the city council to the Superior Court of Wilkinson 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 Wilkinson County following a hearing on a complaint seeking such removal brought by any resident of the City of Allentown.
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.
GEORGIA LAWS 2008 SESSION
SECTION 6.11. Millage rate; due dates; payment methods.
4197
The city council by ordinance shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council by ordinance may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due.
SECTION 6.12. Occupation taxes and business license fees.
The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. Such taxes may be levied on both individuals and corporations who transact business in this city or who practice or offer to practice any profession or calling therein to the extent such persons have a constitutionally sufficient nexus to this city to be so taxed. The city council may classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 ofthis charter.
SECTION 6.13. Licenses.
The city council by ordinance shall have the power to require any individual or corporation who transacts business in this city or who practices or offers to practice any profession or calling therein to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or permit where such activities are not now regulated by general law in such a way as to preclude city regulations. Such fees may reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter. The city council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate.
SECTION 6.14. Franchises.
(a) The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunication 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
4198
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 him or her. 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 telecommunication companies, gas companies, transportation companies, and other similar organizations.
SECTION 6.15. Sewer fees.
The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available inside or outside the corporate limits of the city for the total cost to the city 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. Roads.
The city council by ordinance shall have the power to assess, charge, and collect the costs of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.
SECTION 6.17. Other taxes.
This city shall be empowered to levy any other tax allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs.
SECTION 6.18. Collection of delinquent taxes.
The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by
GEORGIA LAWS 2008 SESSION
4199
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 licenses for failure to pay any city taxes or fees, and providing for the assignment or transfer of tax executions.
SECTION 6.19. General obligation bonds.
The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken.
SECTION 6.20. Revenue bonds.
Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued.
SECTION 6.21. Short-term 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. Accounting and budgeting.
The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government.
SECTION 6.23. Budget ordinance.
The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement program, and a capital budget, including requirements as to the scope, content, and form of such budgets and programs.
4200
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 6.24. Operating budget.
On or before a date fixed by the city council but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as he or she may deem pertinent. The operating budget and the capital improvements budget hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.
SECTION 6.25. Adoption.
(a) The city council may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions ofthis charter and for all debt service requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than 60 days before the end of the previous 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 6.23 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess ofthe otherwise unencumbered balance ofthe appropriations or allotments thereof to which it is chargeable.
SECTION 6.26. Levy of taxes.
Following adoption of the operating budget, the city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with
GEORGIA LAWS 2008 SESSION
4201
other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expense of the general government of this city.
SECTION 6.27. Changes in budget.
The city council by ordinance may make changes in the appropriations contained in the current operating budget at any regular meeting or special or emergency meeting called for such purposes, but any additional appropriations may be made only from an existing unexpended surplus.
SECTION 6.28. Capital improvements.
(a) On or before the date fixed by the city council, but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed capital improvements budget with his or her recommendations as to the means of financing the improvements proposed for the ensuing year. The city council shall have the power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 2.24 of this charter. (b) The city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than 60 days before the end of the previous fiscal year. No appropriations provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriations were made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by his or her recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by ordinance.
SECTION 6.29. Audits.
There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing costs to the public.
4202
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 6.30. Procurement and property management.
No contract with the city shall be binding on the city unless: (1) It is in writing; (2) It is drawn 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; 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 6.31. Purchasing.
The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city.
SECTION 6.32. Sale of property.
(a) The city council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon request by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place when such swap is deemed to be in the best interest of the city. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.
GEORGIA LAWS 2008 SESSION
ARTICLE VII GENERAL PROVISIONS
4203
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.
SECTION 7.11. Rules and regulations.
All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent with this charter are declared valid and of full effect and force until amended or repealed by the city council.
SECTION 7.14. Charter language on other general matters.
Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be provided by the city council.
SECTION 7.15. Definitions and construction.
(a) Section captions in this charter are informative only and shall not be considered as a part thereof. (b) The word "shall" is mandatory and the word "may" is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa.
SECTION 7.16. Specific repealer.
An Act establishing a new charter for the Town of Allentown approved March 28, 1986 (Ga. L. 1986, p. 5227), is repealed in its entirety.
4204
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 7.17. Effective date.
This Act shall become effective on July 1, 2008.
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 2008 session of the General Assembly of Georgia a bill to provide a new charter for the city of Allentown' to provide for incorporation, boundaries, and powers of the city; to provide for government of the city by a city council composed of a mayor and council members; to provide for the election, service, compensation, powers and procedures ofthe city council; to provide for city officers, employed, departments, and agencies, to provide for municipal court and its jurisdiction, powers, officers, and affairs; to provide for the imposition, assessment, collection, and enforcement of various forms ofmunicipallicenses, franchises, contract, and conveyances; to provide for all other matters necessary and proper for the city, its government, and the conduct of business as a municipal corporation; to repeal a specific Act; to provide an effective date; to repeal conflicting laws; and for other purposes.
Senator Robert Brown 26th District, Georgia (166) (02/28/08)
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert Brown, who on oath deposes and says that he is the Senator from District 26 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Wilkinson County Post which is the official organ of Wilkinson County on February 28, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
sf ROBERT BROWN Robert Brown Senator, District 26
GEORGIA LAWS 2008 SESSION
Sworn to and subscribed before me, this 12th day of March 2008.
sf LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)
Approved May 13, 2008.
4205
WHITE COUNTY- BOARD OF COMMISSIONERS; RECONSTITUTE; REFERENDUM.
No. 671 (House Bill No. 1418).
AN ACT
To reconstitute the Board of Commissioners of White County; to provide for continuation of certain obligations and liabilities; to provide for a chairperson and four additional members; to provide for elections and terms of office; to provide for qualifications; to provide for commissioner districts; to provide for staggered terms; to provide for filling of vacancies; to provide for oaths of office and surety bonds; to provide for the powers, duties, and authority of the chairperson and members ofthe board; to provide for a vice chairperson; to provide for regular meetings; to provide for a county manager; to provide for the preparation, submission, review, adoption, and amendment of budgets; to provide for expenditure of county funds; to provide for audits of county finances and financial records; to provide for other related matters; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for the specific repeal of a local Act; to provide for a referendum; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. There is reconstituted the Board of Commissioners of White County, to be elected and organized as provided for in this Act. The board of commissioners provided by this Act shall be the successor to the Board of Commissioners of White County which existed on December 31, 2010, and shall continue to have the obligations and liabilities of the same. The board of commissioners provided by this Act shall constitute the governing authority of
4206
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
White County and shall exercise the powers, duties, and responsibilities vested in and upon said officers by the provisions of this Act. The term "board," whenever used in this Act, shall mean the Board of Commissioners of White County, including the chairperson and all members.
SECTION 2. (a) On and after January I, 2011, the Board of Commissioners ofWhite County shall consist of five members, all of whom shall be elected from commissioner districts described in subsection (b) of this section, except for the chairperson, who shall be elected at large as provided in subsection (d) of Section 3 of this Act. (b) For purposes of electing members of the board of commissioners other than the chairperson, White County is divided into four commissioner districts. One member of the board shall be elected from each such district. The four commissioner districts shall be and correspond to those four numbered districts described in and attached to and made a part of this Act and further identified as Plan Name: whitep2 Plan Type: Local User: staff Administrator: HOIO. (c) When used in such description, the terms "Tract" and "BG" (Block Group) shall mean and describe the same geographical boundaries as provided in the report of the Bureau ofthe Census for the United States decennial census of2000 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 White 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 White County which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. 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 3. (a) No person shall be a member of the board if that person is ineligible for such office pursuant to Code Section 45-2-1 of the O.C.G.A. or any other general law applicable to that office. (b) Persons eligible for election to the positions of chairperson or commissioners shall be a citizen of the State of Georgia and qualified to vote as of the qualifying date. (c) Persons eligible for commissioner shall:
GEORGIA LAWS 2008 SESSION
4207
(1) Have attained the age of 18 years as of the date of election or appointment; (2) Have maintained a bona fide full-time residency within the district for which the candidate is offering for 12 months prior to the qualifying date or appointment; (3) Have received the requisite number of votes cast for that office by the electors of the district; and (4) Continue to reside in the district from which elected or appointed during the term of office; if a commissioner ceases to reside in such district, the position shall be declared vacant. (d) The chairperson shall: (1) Have attained the age of 21 years as of the date of election or appointment; (2) Have maintained a bona fide full-time residency within the county for 12 months prior to the qualifying date or appointment; (3) Have received the requisite number of votes cast for that office by the electors of the county; and (4) Continue to reside in White County during term of office; if the chairperson ceases to reside in White County, the position shall be declared vacant. (e) The following are grounds for declaring persons ineligible to seek the office of chairperson or commissioner and the existence of facts relating to such grounds shall be sufficient reason for vacating any office held: (1) Refusal or failure to account for and pay over public money to the proper officer; (2) Conviction of a felony involving moral turpitude under the laws of this state or any other state when such offense is a felony in this state, unless all rights of citizenship have been restored by a pardon from the State Board of Pardons and Paroles; (3) Be found to be of unsound mind; (4) Be found to be unfit to discharge the duties of the office due to advanced age or bodily infirmity; or (5) Is disqualified for any constitutional or statutory grounds. (f) In order to be elected as a member ofthe board from a commissioner district, a person must receive the number ofvotes cast as required by general law for that office in that district only. Only electors who are residents of that commissioner district may vote for a member of the board for that district. At the time of qualifying for election as a member of the board from a commissioner district, each candidate for such office shall specify the commissioner district for which that person is a candidate. A person elected or appointed as a member of the board from a commissioner district must continue to reside in that district during that persons term of office or that office shall become vacant.
SECTION 4. (a) The members of the reconstituted Board of Commissioners of White County shall be elected as provided in this subsection.
(l) The chairperson serving on December 31, 2010, shall continue to serve for the remainder of his or her term of office The successor to the chairperson shall be elected at
4208
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the general election on the Tuesday next following the first Monday in November, 2012, and shall take office on January I, 2013, and shall serve a term of four years and until his or her successor is duly elected and qualified. All future successors shall be elected at the time ofthe 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. (2) The members from Commissioner Districts 2 and 3 shall be elected at the general election on the Tuesday next following the first Monday in November, 2010, shall take office on January I, 20 II, and shall serve terms of four years and until their successors are duly elected and qualified. All future successors 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 ofJanuary immediately following that election, and shall serve for terms of office of four years each. (3) Those members from Commissioner Districts I and 4 shall be elected at the general election on the Tuesday next following the first Monday in November, 2010, shall take office on January I, 20 II, and shall serve terms of two years and until their successors are duly elected and qualified. All future successors 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 ofJanuary immediately following that election, and shall serve for terms of office of four years each. (b) All members of the board who are elected thereto shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." (c) Any vacancy in office upon the board which occurs for any reason other than expiration of term shall be filled as follows: (I) If the vacancy occurs during the final six months of a term of office, the position shall remain vacant until the next regularly scheduled election; or (2) If the vacancy occurs at any time prior to the time specified in paragraph (I) of this subsection, a successor shall be elected at the next available date for a special election pursuant to O.C.G.A. Section 21-2-540. Any person so elected to fill a vacancy shall serve out the remainder of the unexpired term and until a successor is elected and qualified.
SECTION 5. Before commencing the discharge of their duties, the chairperson and commissioners shall subscribe an oath before the judge of the probate court for the true and faithful performance of their duties and that they are not the holders of any unaccounted public funds. In addition, the chairperson and each commissioner shall give a satisfactory surety bond to the judge of the probate court in the sum of $10,000.00 conditioned upon the faithful performance of the duties of the office. The county treasury shall pay the costs of said bonds.
GEORGIA LAWS 2008 SESSION
4209
SECTION 6. The powers and duties of the chairperson shall include, but shall not be limited to, the following:
(1) Presiding over the meetings of the board; (2) Vote on any question or issue before the board; (3) Submitting and seconding motions to the board; (4) Representing the county government at ceremonial functions; (5) Appointing members and chairpersons to all committees ofthe board with the approval of the board; and (6) Performing such other duties as shall be delegated to the chairperson by the board of commissioners or as otherwise provided by law or resolution.
SECTION 7. (a) The board shall have the power and authority to adopt, implement, and enforce ordinances, policies, regulations, resolutions, and rules governing all matters reserved to the board's exclusive jurisdiction and entered on the minutes. (b) The board shall exercise only those administrative powers necessary and proper to function as a policy-making body and to compel enforcement of adopted resolutions. The following powers are vested in the board and reserved for the board's exclusive jurisdiction:
( 1) Levy taxes; (2) Fix fees; (3) Make appropriations; (4) Fix rates and charges for services provided by the county; (5) Authorize indebtedness; (6) Authorize and provide for the execution of contracts; (7) Establish, alter, open, close, build, repair, or abolish public roads and bridges according to law; (8) Accept the provisions of optional state statutes where the statute permits acceptance; (9) Exercise all powers, duties, and authority regarding planning and land use; (I 0) Create and amend the boundaries of special taxing districts authorized by law; (11) Fix the bonds of county officers when not fixed by statute; (12) Enact any resolutions, ordinances, or other legislation which the county has authority to enact; (13) Determine the priority of capital improvements; (14) Call elections for the approval of bonds; (15) Exercise or delegate all of the power and authority granted to the board by law; and (16) Appoint a county manager, legal counsel, and independent county auditor.
SECTION 8. (a) At the first regular meeting of each year, the board shall elect from its members a vice chairperson who shall serve for the calendar year in which elected.
4210
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) In the event of death, disqualification, or resignation of the chairperson, the vice chairperson shall perform the duties and exercise the authority ofthe chairperson until a new chairperson is chosen as provided in this Act. The vice chairperson shall preside at meetings of the board of commissioners in the absence of the chairperson. (c) In the event of a vacancy in the office of vice chairperson, the board of commissioners shall elect a new vice chairperson to serve for the remainder of the calendar year.
SECTION 9. (a) The board shall convene a minimum of one regular meeting each month. (b) The board shall determine the date, place, and time of the meeting. (c) The chairperson or any three members of the board may convene additional meetings subject to verifying the notification of all members of the board. (d) Any three commissioners or the chairperson and any two commissioners shall constitute a quorum. (e) The board shall take no official action except upon the affirmative vote of at least three members and compliance with Chapter 14 of Title 50 of the O.C.G.A., relating to open meetings. (f) The board shall conduct all regular and called meetings according to Robert's Rules of Order.
SECTION 10. (a) The chairperson shall receive a salary of$350.00 per month and each commissioner shall receive a salary of $250.00 per month, paid from the funds of White County; provided, however, that if that Act providing for the salary of the chairperson and commissioners and submitted to the electors for approval or rejection inNovember, 2008, is approved, then the provisions of such Act, as hereafter amended, shall control. (b) The chairperson and the commissioners shall have the option to participate in the White County insurance, retirement, and expense reimbursement programs.
SECTION 11. (a) Pursuant to Code Section 36-5-22 of the O.C.G.A., there is created the office of county manager for White County. The county manager shall be the chief administrative officer and head of the administrative branch of the county government. The board shall fulfill the primary policy-making role of the county but the day-today executive role is assigned to the county manager. (b) The county manager shall have at least a bachelor's degree in public administration or a related field and at least five years experience as a city or county administrator or manager. (c) The county manager shall serve at the pleasure of the board and shall receive such compensation and benefits as determined by the board. The board shall retain ultimate
GEORGIA LAWS 2008 SESSION
4211
control over county operations, but the county manager is vested with executive authority subject to the board's oversight and authority. (d) The county manager's duties and responsibilities shall include, without limitation:
(1) Supervision of the department managers and employees; (2) An advisory role in policy formulation and direct responsibility in policy implementation; (3) Enforcement of county ordinances, policies, regulations, resolutions, and rules; (4) Authority to appoint and remove department managers and employees; and (5) Performance of other duties assigned or delegated by the board.
SECTION 12. The board shall employ a county attorney, whose duties shall include, without limitation:
(1) Providing the board legal advice regarding the board's powers and duties as well as pending or potential litigation; (2) Representing the county in court; (3) Attending meetings upon request; (4) Serving as parliamentarian to the board; and (5) Preparing or reviewing county contracts, ordinances, policies, regulations, resolutions, rules, and other legal documents.
SECTION 13. (a) The county shall comply with Chapter 81 of Title 36 of the O.C.G.A., relating to local government budgets and audits, as well as the provisions of this section. (b) The fiscal year shall be from July 1 to June 30. (c) The board shall operate under an annual balanced budget for the general fund, special revenue funds, and debt service funds. (d) The board shall adopt a balanced budget by resolution. (e) Nothing contained in this section shall preclude the board from amending its budget to adapt to changing needs during the budget period. Amendments shall be made as follows:
(I) Any increase in appropriations, whether accomplished through a change in revenues or a transfer of appropriations among departments, shall require the approval by resolution of the board; and (2) Transfers of appropriations within a department or fund with the exception of salary and benefit accounts shall require the approval of the county manager. (f) The board shall adopt uniform charts of accounts prepared by the Department of Community Affairs.
SECTION 14. (a) The board shall appoint a budget officer who shall prepare a proposed budget for the ensuing budget period. The proposed budget document shall include an estimate of the
4212
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
anticipated revenues and expenditures for each department and fund and in such form and detail with such supporting information and justifications as may be prescribed by the board. (b) The budget officer shall submit the proposed budget to the board on the date established by the board.
(c)(!) On the day that the budget officer submits the proposed budget to the board, the county clerk shall place a copy in a public location convenient to the residents of the county. (2) During the week in which the budget officer submits the proposed budget to the board, the county clerk shall publish a statement advising the residents of the availability of the proposed budget. (3) At least one week before the budget hearing, the county clerk shall give notice of the time and place of the budget hearing. (4) The county clerk shall publish the notices required by this section in a newspaper of general circulation located within the county. Such statements shall be a prominently displayed advertisements or news articles and not published in the section ofthe newspaper where legal notices appear. (d) At least one week prior to the meeting at which adoption of the budget resolution will be considered, the board shall conduct a public hearing at which time any persons wishing to be heard on the budget may appear. Nothing in this Act shall preclude the conducting of further budget hearings if the board deems such hearings necessary and complies with the requirements of paragraph (3) of subsection (b) of this section. (e) After the conclusion of all hearings, the board shall adopt a budget resolution making appropriations in such sums the board deems sufficient whether greater or less than the sums presented in the proposed budget. At least one week before the meeting to adopt the budget, the county clerk shall give notice of the time and place of such meeting.
SECTION 15. The board's financial management policy shall provide guidance for the procurement of goods and services in compliance with procurement policies of the county and the state. The goal of this policy shall be to establish, foster, and maintain the following principles:
(I) Consider the best interests of the county in all transactions; (2) Purchase without prejudice, seeking to obtain the maximum value for expenditures; and (3) Subscribe to and work for honesty and truth in purchasing.
SECTION 16. All expenditures ofcounty funds shall be in accordance with the county budget, amendments thereto, or policies adopted by the board. The budget officer shall enforce compliance with these provisions and shall institute a system of allotments of all moneys appropriated and budgeted.
GEORGIA LAWS 2008 SESSION
4213
SECTION 17. (a) The board shall employ a certified public accountant to conduct an annual audit of county finances and financial records. The certified public accountant shall perform a complete audit of the financial records of the county for the preceding fiscal year, noting any irregularities and reporting the results to the board. (b) The annual audit report shall be available for public inspection.
SECTION 18. An Act to create a board of commissioners ofWhite County to consist of a chairman and two other members, approved March 21, 1970 (Ga. L. 1970, p. 2993), and all amendatory laws thereto, is repealed.
SECTION 19. It shall be the duty of the attorney of the Board of Commissioners of White County to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended.
SECTION 20. Unless otherwise prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of White County shall call and conduct a special election for the purpose of submitting this Act to the electors of White County for approval or rejection. The election superintendent shall conduct that election at the time of the state-wide general election on the Tuesday after the first Monday in November, 2008. The election superintendent 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 White County. The ballot shall have written or printed thereon the words:
"( ) YES ( ) NO
Shall the Act be approved which changes the governing authority of White County to a five member board with a chairperson elected at large and four commissioners elected by the voters in each of four new commissioner districts?"
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 the approval of the Act, those provisions of this Act necessary for the election of members ofthe Board of Commissioners of White County in 2010 shall become effective on January 1, 2010, and the remaining provisions ofthis Act shall become effective January I, 2011. If the Act is not approved or if the election is not conducted as provided in this section, this Act shall not become effective and this Act shall be automatically repealed on the first day immediately following that election date. The expense of such
4214
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
election shall be borne by White County. It shall be the duty of the election superintendent of White County to certify the results thereof to the Secretary of State.
SECTION 21. Except as otherwise provided in Section 20 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 22. All laws and parts of laws in conflict with this Act are repealed.
Plan Name: whitep2 Plan Type: Local User: staff Administrator: HOIO
Redistricting Plan Components Report
District 00 l White County
Tract: 9502 BG: l 100210031004100510061007100810091010101110121013 1016 1017 1046 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 1995 1996 1997 BG:2 2024 2025 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2076 2079 2080 2081 2082 2083 2084 2085 2086 2087 BG: 3 3000 3004 3048 3049 3050 3052 3053 3054 3055 BG:4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4074 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 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 504850495050505150525053505450555056505750585059 5060 5061 5062 5063 5064 5065 5066 5067 5068 5069 5070 5071 5072 5073 5074 5075 5076 5077 5079 5080 5081
GEORGIA LAWS 2008 SESSION
4215
District 002 White County
Tract: 9502 BG:4 4045 BG: 5 5078 5082 5083 Tract: 9503 BG: 1 1007 1008 1012 1013 1014 1015 1017 1018 1019 1020 1021 1022 1023 1024 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 106110621063106410651066106710681069107010711072 1073 1074 1075 1996 1997 1998 1999 BG: 2
District 003 White County
Tract: 9502 BG: 2 2020 2021 2022 2023 2026 2027 2028 2045 2046 2047 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 207720782088208920902091209220932094209520962097 2098 2099 2100 2101 2102 2103 2104 2999 BG: 3 3001 3002 3003 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 303 7 303830393040304130423043304430453046304730513056 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 309330943095309630973098309931003999 BG:4 4038 4039 4040 4041 4042 4043 4044 4046 4047 4048 4049 4050 405140524053405440554056405740584059406040614062 4063 4064 4065 4066 4067 4068 4069 4070 4071 4072 4073 4999
4216
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
District 004 White County
Tract: 9501 Tract: 9502 BG: 1 1000 1001 1014 1015 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 1047 1998 1999 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2044 2048 2049 Tract: 9503 BG: 1 1000 1001 1002 1003 1004 1005 1006 1009 1010 1011 1016 1025 1026
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2008 session of the General Assembly of Georgia a bill to reconstitute the Board of Commissioners of White County; to provide for continuation ofcertain obligations and liabilities; to provide for a chairperson and four additional members; to provide for elections and terms of office; to provide for qualifications; to provide for commissioner districts; to provide for staggered terms; to provide for filling of vacancies; to provide for oaths of office and surety bonds; to provide for the powers, duties, and authority ofthe chairperson and members ofthe board; to provide for a vice chairperson; to provide for regular meetings; to provide for a county manager; to provide for the preparation, submission, review, adoption, and amendment of budgets; to provide for expenditure of county funds; to provide for audits of county finances and financial records; to provide for other related matters; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for the specific repeal of a local Act; to provide for effective dates; to repeal conflicting laws; and for other purposes.
This 20th day of February, 2008.
sf Ben Bridges Representative Ben Bridges IOth District
GEORGIA LAWS 2008 SESSION GEORGIA, FULTON COUNTY
4217
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben Bridges, who on oath deposes and says that he is the Representative from District 10 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the White County News which is the official organ of White County on March 6, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ BEN BRIDGES Ben Bridges Representative, District 10
Sworn to and subscribed before me, this lOth day of March 2008.
s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)
Approved May 13, 2008.
TOWN OF WESTON -REPEAL CHARTER.
No. 672 (Senate Bill No. 556).
AN ACT
To repeal an Act incorporating and providing a charter for the Town of Weston in Webster County, approved August 12, 1911 (Ga. L. 1911, p. 1620); to thereby provide for the territory formerly included in the town to become subject to governance by the governing authority of the consolidated government of Webster County or the governing authority of Webster County, whichever may be in effect on the effective date of this Act; to provide for the devolution of all assets and obligations of the Town of Weston to the consolidated government of Webster County or the county government of Webster County, whichever may be in effect on the effective date of this Act; to provide for other related matters; to repeal conflicting laws; and for other purposes.
4218
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act incorporating and providing a charter for the Town of Weston in Webster County, approved August 12, 1911 (Ga. L. 1911, p. 1620) is repealed in its entirety.
SECTION 2. (a) On January I, 2009, the territory formerly included in the Town of Weston shall become subject to governance by the governing authority of the consolidated government ofWebster County or the governing authority of Webster County, whichever may be in effect on such date. (b) All assets and obligations of the Town of Weston shall devolve by operation of law to the consolidated government of Webster County or the county government of Webster County, whichever may be in effect on January I, 2009. (c) On and after January I, 2009, the geographic area that was contained in the boundaries of the former Town of Weston may continue to be identified under the same name and style as the former municipal corporation, and for such purpose signs and other appropriate insignia may be erected for such identification. (d) Prior to January I, 2009, the governing authority of the Town of Weston and the governing authority of the consolidated government of Webster County or the county governing authority of Webster County may enter into any intergovernmental agreements which may be necessary or desirable to facilitate transitional matters.
SECTION 3. This Act shall become effective January I, 2009, except that subsection (d) of Section 2 of this Act shall become effective upon approval of this Act by the Governor or upon this Act's becoming law without such approval.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2008 session of the General Assembly of Georgia a bill to repeal an Act incorporating and providing a charter for the Town of Weston in Webster County, approved August 12, 1911 (Ga. L. 1911, p. 1620); to provide for the territory formerly included in the town to become subject to governance by the governing authority of the consolidated government of Webster county or the governing authority of Webster County, whichever may be in effect on the effective date of this Act; to provide for the devolution of all assets and obligations of the Town of Weston to the consolidated government of Webster County or the county government of Webster County, whichever may be in effect on the effective date of this Act; to provide for other related matters; to repeal conflicting laws; and for other purposes.
Wayne Burks, Mayor
GEORGIA LAWS 2008 SESSION
4219
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George Hooks, who on oath deposes and says that he is the Senator from District 14 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 Webster County on March 13, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ GEORGE HOOKS George Hooks Senator, District 14
Sworn to and subscribed before me, this 17th day of March 2008.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 13, 2008.
CITY OF SYLVESTER- NEW CHARTER.
No. 673 (House Bill No. 1447).
AN ACT
To provide a new charter for the City of Sylvester; 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, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for taxation, licenses, and fees; to provide for franchises and assessments; to provide for bonded and other indebtedness; to provide for auditing, budgeting, and appropriations; to provide for city contracts and purchasing; to provide for the conveyance of property and interests therein; to provide for bonds for officials; to provide for prior
4220
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ordinances and rules, pending matters, and 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.
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 Sylvester, Georgia, and by that name shall have perpetual existence.
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 to be retained permanently in the City of Sylvester City Hall and to be identified by the city clerk as the Official Map of the Corporate Limits of the City of Sylvester, Georgia. A photographic, typed, or other copy of such map or description certified by the City of Sylvester 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 by ordinance for the redrawing of any such map 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.
GEORGIA LAWS 2008 SESSION
4221
SECTION 1.13. Specific 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 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 hereunder. (b) 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 or for municipalities by the laws of the State of Georgia; and to provide for the payment of expenses of the city. (c) 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. (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 Official Code of Georgia Annotated 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 corporate purpose deemed necessary by the governing authority, utilizing procedures as the same shall exist from time to time provided by the Official Code of Georgia Annotated. (f) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations. (g) 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. (h) 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 oferosion and sedimentation, the management of solid and hazardous waste, and other necessary actions for the protection of the environment. (i) 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 fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof.
4222
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(j) Garbage Fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal fee and other sanitary service charge as may be necessary in the operation ofthe city from all individuals, firms, and corporations residing in or doing business therein benefiting from such services 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. (k) 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. (I) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose. (m) Health and Sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards. (n) 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. (o) 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. (p) 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. (q) 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 and the laws of the State of Georgia. (r) Municipal Property Ownership. To acquire, dispose of, lease, option, and hold in trust or otherwise accept or transfer an interest in any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city. (s) Municipal Property Protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of the same by the public, and to prescribe penalties and punishment for violations thereof. (t) 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.
GEORGIA LAWS 2008 SESSION
4223
(u) Nuisance. To define a nuisance and provide for its abatement whether on public or private property. (v) 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. (w) Planning and Zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulations and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and aesthetically pleasing community. (x) Police and Fire Protection. To exercise the power of arrest through duly appointed police; and to establish, operate, or contract for police and fire fighting agencies. (y) 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. (z) Public Improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detention, penal, and medical institutions, agencies, and facilities; to provide any other public improvements, inside or outside the corporate limits of the city; to regulate the use of public improvements; and for such purposes property may be acquired by condemnation under procedures provided by the Official Code of Georgia Annotated as the same shall exist from time to time. (aa) Public Peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances. (bb) Public Transportation. To organize and operate such public transportation systems as are deemed beneficial. (cc) Public Utilities and Services. To grant franchises or make contracts for or impose taxes on public utilities and public service companies; and to prescribe the rates, fares, regulations standards, and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as the same are not in conflict with valid regulations of the Public Service Commission. (dd) 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. (ee) Retirement. To provide and maintain a retirement plan for officers and employees of the city. (ff) Roadways. To lay out, open, extend, widen, narrow, establish, 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 the use of public
4224
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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. (gg) Sewer Fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending ofa sanitary 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 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. (hh) 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. (ii) 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 the city may deem to be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders and 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.
Uj) Special Assessments. To levy and provide for the collection of special assessments to
cover the costs for any public improvements. (kk) Taxes: Ad Valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation. (II) Taxes: Other. To levy and collect such other taxes as may he allowed now or in the future by law. (mm) 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. (nn) Urban Redevelopment. To organize and operate an urban redevelopment program. (oo) 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
GEORGIA LAWS 2008 SESSION
4225
phrases granting powers, but shaH be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws ofthe State of Georgia.
SECTION 1.14. Exercise of powers.
All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shaH 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 four councilmembers. The city council shall in all respects be a successor to and continuation of the governing authority under prior law. The mayor and councilmembers shaH be elected in the manner provided by general law and this charter.
SECTION 2.11. City council terms and qualifications for office.
The members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless that person shaH have been a resident of the city for at least 12 months prior to the date of election of the mayor or member of the council; each shall continue to reside therein during that member's period of service and to be registered and qualified to vote in municipal elections of this city.
SECTION 2.12. Vacancy; filling of vacancies.
(a) Vacancies - The office of mayor or councilmember shaH become vacant upon the occurrence of any event specified by the Constitution, 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 remaining councilmembers if less than six months remain in the unexpired term, otherwise by an
4226
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
election, as provided for in Section 5.14 of this charter and in accordance with Titles 21 and 45 of the Official Code of Georgia Annotated or other such Jaws as are or may hereafter be enacted.
SECTION 2.13. Compensation and expenses.
The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance.
SECTION 2.14. Conflicts of interest.
(a) Elected and appointed officers ofthe 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 member of the city council shall vote upon, sign, or veto any ordinance, resolution, contract, or other matter in which that person is financially interested.
SECTION 2.15. Inquiries and investigations.
Following the adoption ofan authorizing resolution, the city council may make inquiries and investigations into the affairs ofthe city and the conduct of any department, office, or agency thereof, and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as provided by ordinance.
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 the city as provided by Article I of this charter.
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,
GEORGIA LAWS 2008 SESSION
4227
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 regular 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 Sylvester, 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 Constitutions ofthe United States and the State
of Georgia; that I have been a resident of the ward from which elected and the City of
Sylvester for the time required by the Constitution and laws of the State of Georgia and the
charter of the City of Sylvester, so help me God."
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 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 24 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law, and notice to the public of special meetings shall be made fully as is reasonably possible as provided by O.C.G.A. Section 50-14-1 or other such applicable laws as are or may hereafter be enacted.
4228
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 a journal ofits proceedings, which shall be a public record. (b) All committees and committee chairs and officers of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time.
SECTION 2.21. Quorum; voting.
Three councilmembers other than the mayor or the mayor and two councilmembers shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances may be by oral vote, and the vote shall be recorded in the journal; but any member of the city council shall have the right to request a roll-call vote, and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three councilmembers shall be required for the adoption of any ordinance, resolution, or motion. An abstention shall not be counted as 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 Sylvester. .. " 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. Except for emergency ordinances, all ordinances shall have two separate readings; provided, however, the city council may dispense with the second reading with the unanimous consent of the members present. Upon introduction of any ordinance, the city clerk shall as soon as possible distribute a copy to the mayor and each councilmember and shall file a reasonable number of copies in the office of the city clerk and at such other public places as the city council may designate.
GEORGIA LAWS 2008 SESSION
SECTION 2.23. Action requiring an ordinance.
4229
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 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 O.C.G.A. Section 50-14-1 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 procedures and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of Section 2.22(b) of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the city clerk pursuant to Section 2.26 of this charter.
4230
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) Copies of any adopted code of technical regulations shall be made available by the city clerk for inspection by the public.
SECTION 2.26. Signing; authenticating; recording; codification; printing.
(a) The city clerk shall authenticate by his or her signature and record in full, in a properly indexed book kept for 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 of Sylvester, 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 ofthe first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes oftechnical regulations and other rules and regulations included in the code.
SECTION 2.27. Election of mayor; forfeiture; compensation.
The mayor shall be elected and serve for a term of four years and until a successor is elected and qualified. The mayor shall be a qualified elector of this city and shall have been a resident of the city for 12 months preceding the election. The mayor shall continue to reside in this city during the period of service. The mayor shall forfeit the office on the same grounds and under the same procedure as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers.
SECTION 2.28. Powers and duties of mayor.
The mayor shall: (I) Preside at all meetings of the city council;
GEORGIA LAWS 2008 SESSION
4231
(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 city policy; (3) Have power to administer oaths and to take affidavits; (4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, and other instruments executed by the city which by law are required to be in writing; and (5) Vote on matters before the city council and be counted toward a quorum as any other councilmember.
SECTION 2.29. Mayor pro tempore; selection; duties.
By a majority vote, the city council shall elect a councilmember to serve as mayor pro tempore. In the mayor's absence, the mayor pro tempore shall preside at meetings of the city council and shall assume the duties and powers of the mayor upon the mayor's physical or mental disability, provided that the mayor pro tempore shall vote as a member of the city council at all times when serving as herein provided.
SECTION 2.30. 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 executive and administrative qualifications.
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 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 those 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;
4232
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(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 discussions 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; and (9) Perform other such duties as are specified in this charter or as may be required by the city council.
SECTION 2.32. Removal of city manager.
The city manager is employed at will and may be summarily removed from office at any time by the city council for any lawful reason or without cause by affirmative vote of a majority of all councilmembers.
SECTION 2.33. Council 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.
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 and duties ofand establish, abolish, alter, consolidate, or leave vacant
GEORGIA LAWS 2008 SESSION
4233
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 city departments and other appointed officers of the city under the supervision of the city manager shall be appointed by the city manager solely on the basis of their respective administrative and professional qualifications. Except those appointed 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 city manager. (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.
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 this charter or by law, no member of any board, commission, or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed in this charter for the original appointment, except as otherwise provided by this charter or by law. (t) No member of a board, commission, or authority shall assume office until that person has executed and filed with the city clerk an oath obligating himself or 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 four 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
4234
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 or 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 city clerk.
SECTION 3.12. City attorney.
The city council shall appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for providing for the representation and defense of the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the city council as directed; shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of the person's position as city attorney.
SECTION 3.13. City clerk.
The city council shall appoint a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal and city records; maintain city council records required by this charter; and perform such other duties as may be required by the city council. The city clerk shall be under the supervision of the city manager.
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. Municipal court creation.
There shall be a court to be known as the Municipal Court of the City of Sylvester.
GEORGIA LAWS 2008 SESSION
SECTION 4.11. Chief judge; associate judge.
4235
(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 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 persons ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.20 of this charter.
SECTION 4.11. 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 $500.00 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 other 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 care 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 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
4236
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 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 Worth 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 of the municipal court shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in total the rules and regulations applicable to 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.
GEORGIA LAWS 2008 SESSION
SECTION 4.16. Indigent defense and prosecutor.
4237
The mayor and city council shall have the power to provide for a system of defense for indigent persons charged in the municipal court of the City of Sylvester with violations of ordinances or state laws and for the prosecution of such cases by a prosecutor. The city council is further authorized to provide for the expense of indigent defense and prosecution by prorating the estimated cost over all criminal cases disposed of by the court and bond forfeitures in the criminal cases. A bond amount shall be imposed by the municipal court judge and collected in all criminal cases. Bond forfeitures in such cases shall be collected as costs in addition to fines, penalties, and all other costs.
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 Official Code of Georgia Annotated, the "Georgia Election Code," as now or hereafter amended.
SECTION 5.11. Regular elections; time for holding.
(a) On Tuesday next following the first Monday in November, 2009, successors to the mayor and Ward 3 and Ward 4 councilmembers whose terms expire on December 31, 2009, shall be elected for a term ofoffice expiring on December 31, 2013, and until their respective successors are elected and qualified. (b) On Tuesday next following the first Monday in November, 2011, successors to Ward 1 and Ward 2 councilmembers whose terms expire on December 31, 2011, shall be elected for a term of office expiring on December 31, 2015, and until their respective successors are elected and qualified. (c) The general municipal election for the election of the mayor and councilmembers shall be conducted on the Tuesday next following the first Monday in November in each odd-numbered year. Successors shall be elected to those offices the terms of which will expire on December 31 of such year. All persons elected to such offices shall take office on January 1 immediately following the date of the municipal election and shall have terms of office of four years and until their respective successors are elected and qualified.
4238
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 majority.
The person receiving a majority 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 appoint a successor for the remainder of the term, provided that less than six months remain in the unexpired term. In all other respects, the special election shall be held and conducted in accordance with Chapter 2 of Title 21 of the Official Code of Georgia Annotated, 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 it deems appropriate to fulfill any options and duties under the Georgia Election Code.
SECTION 5.16. Removal of officers.
(a) The mayor, councilmembers, or other appointed officers provided for in this charter shall be removed from office for any one or more of the causes provided in Title 45 ofthe Official Code of Georgia Annotated 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) In the event an elected officer is sought to be removed by the action ofthe 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
GEORGIA LAWS 2008 SESSION
4239
provided in this paragraph shall have the right of appeal from the decision of the city council to the Superior Court of Worth 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 ofthe Superior Court of Worth County following a hearing on a complaint seeking such removal brought by any resident of the City of Sylvester.
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 ofthe city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion.
SECTION 6.11. Millage rate; due dates; payment methods.
The city council by ordinance shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council, by ordinance, may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due.
SECTION 6.12. Occupation and business taxes.
The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. The city council may classify businesses, occupations, or professions for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter.
SECTION 6.13. Regulatory fees; permits.
The city council by ordinance shall have the power to require businesses or practitioners doing business within this city to obtain a permit for such activity from the city and pay a reasonable regulatory fee for such permit as provided by general law. Such fees shall reflect
4240
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the total cost to the city for regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter.
SECTION 6.14. Franchises.
(a) The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted for a period in excess of 35 years, and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by the city clerk. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. (b) If no franchise agreement is in effect, the city council has the authority to impose a tax on gross receipts for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations.
SECTION 6.15. Service charges.
The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available within and without the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.
SECTION 6.16. Special assessments.
The city council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.
GEORGIA LAWS 2008 SESSION
4241
SECTION 6.17. Construction; other taxes and fees.
The city shall be empowered to levy any other tax or fee allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs.
SECTION 6.18. Collection of delinquent taxes and fees.
The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due, late penalties or interest, issuance and execution of fi.fas., creation and priority ofliens, making delinquent taxes and fees the personal debts of the persons required to pay the taxes or fees imposed, revoking city permits for failure to pay city taxes or fees, and providing for the assignment or transfer of tax executions.
SECTION 6.19. General obligation bonds.
The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken.
SECTION 6.20. Revenue bonds.
Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued.
SECTION 6.21. Short-term loans.
The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law.
4242
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 O.C.G.A. Section 36-60-13 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 the 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.
SECTION 6.25. Submission of operating budget to city council.
On or before a date fixed by the city council, but not later than 60 days prior to the beginning of each fiscal year, the 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 mayor containing a statement of the general fiscal policies ofthe city, the important features ofthe budget, explanations ofmajor changes recommended for the next fiscal year, a general summary of the budget, and such other pertinent comments and information. The operating budget and the capital budget required by this article, 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 2008 SESSION
4243
SECTION 6.26. Action by city council on the 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 first day of the ensuing fiscal year. If the city council fails to adopt the budget by such date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.24 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such unit, 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 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.
4244
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 6.29. Independent audit.
There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted auditing principles. Any audit of any funds by the state or federal governments may be accepted as satisfying the requirements of this charter. Copies of annual audit reports shall be available at printing costs to the public.
SECTION 6.30. 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 2.21 of this charter.
SECTION 6.31. Centralized purchasing.
The city council by ordinance shall prescribe procedures for a system of centralized purchasing for the city.
SECTION 6.32. 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 government 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 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
GEORGIA LAWS 2008 SESSION
4245
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 conveyance 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.
SECTION 7.11. Prior ordinances.
All ordinances, resolutions, rules, and regulations now in force in the city and not inconsistent with this charter are hereby declared valid and of full effect and force until amended or repealed by the city council.
SECTION 7.12. Existing personnel and officers.
Except as specifically provided otherwise by this charter, all personnel and officers of the city and their rights, privileges, and powers shall continue beyond the time this charter takes effect for a period of 180 days before or during which the existing city council shall pass a transition ordinance detailing the changes in personnel and 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.
4246
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 7.14. Construction.
(a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word "shall" is mandatory and the word "may" is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa.
SECTION 7.15. Severability.
If any article, section, subsection, paragraph, sentence, or part thereofofthis charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect nor impair other parts ofthis 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. Repealer.
An Act incorporating the City of Sylvester in the County of Worth, State of Georgia, approved June 30, 1964, (Ga. L. 1964, Ex. Sess. p. 2116), is hereby repealed in its entirety, and all amendatory acts thereto are likewise repealed in their entirety. All other laws and parts of laws in conflict with this charter are hereby repealed.
SECTION 7.17. Effective date.
This charter shall become effective on July I, 2008.
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 2008 session of the General Assembly of Georgia a bill to provide a new charter for the City of Sylvester; to provide for
GEORGIA LAWS 2008 SESSION
4247
incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for taxation, licenses, and fees; to provide for franchises and assessments; to provide for bonded and other indebtedness; to provide for auditing, budgeting, and appropriations; to provide for city contracts and purchasing; to provide for the conveyance of property and interests therein; to provide for bonds for officials; to provide for prior ordinances and rules, pending matters, and 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.
This 13th day of February, 2008.
Representative Ed Rynders 152nd District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ed Rynders, who on oath deposes and says that he is the Representative from District 152 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Sylvester Local News which is the official organ of Worth County on February 20, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ ED RYNDERS Ed Rynders Representative, District 152
Sworn to and subscribed before me, this 18th day of March, 2008.
s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)
Approved May 13, 2008.
4248
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II CITY OF SKY VALLEY- NEW CHARTER.
No. 674 (House Bill No. 1162).
AN ACT
To reincorporate and provide a new charter for the City of Sky Valley in Rabun 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, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for a city council; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, a city manager, and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for the sale of property; to provide for bonds for officials; to provide for eminent domain; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to provide for severability; to repeal a specific Act; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I INCORPORATION AND POWERS
SECTION 1.10. Name.
This city and the inhabitants thereof are reincorporated by the enactment of this charter and are constituted and declared a body politic and corporate under the name and style the City of Sky Valley, Georgia and by that name shall have perpetual succession. Under that name, said city shall continue to be vested with all ofthe property and rights of property which now belong to the corporation; may sue and be sued; may contract and be contracted with; may acquire and hold such property, real and personal, as may be devised, bequeathed, sold, or in any manner conveyed or dedicated to or otherwise acquired by it and from time to time may hold or invest, sell, or dispose of the same; may have a common seal and alter and renew the same at will; and may exercise in conformity with this charter all municipal powers, functions, rights, privileges, and immunities of every name and nature whatsoever.
GEORGIA LAWS 2008 SESSION
4249
SECTION 1.11. Corporate boundaries. (a) The boundaries of the City of Sky Valley shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The current boundaries of the City of Sky Valley are and at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office ofthe city clerk and to be designated, as the case may be: "Official Map (or Description) of the corporate limits of the City of Sky Valley, Georgia." Alterations in these boundaries shall be indicated by appropriate entries upon or additions to such map or description. Such entries or additions shall be made by and under the direction of the mayor. Photographic, typed, or other copies of such map or description certified by the mayor shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (b) The city council may provide for the redrawing of any such map. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.
SECTION 1.12. Specific powers. The corporate powers of the government of the City of Sky Valley, to be exercised by the governing authority, include, but are not limited to: (1) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation as may be allowed now or in the future by state law; (2) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; (3) Business regulation and taxation. To levy and to provide for collection of license or 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 or license fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees; (4) 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; (5) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose ofraising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (6) Municipal prop~rty 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;
4250
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(7) 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, provided such terms are consistent with state law; (8) 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; (9) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, gas works, electric generating 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 manner and method of collecting charges for such services and for enforcing payment of same; charges for such services shall constitute a lien against the property receiving such services and shall be enforced in the same manner and under the same remedies as a lien for city property taxes; (I 0) Public utilities and services. To grant franchises or make contracts for public utilities and public service companies not to exceed periods of 35 years; or to 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; (II) 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 public services; to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands; and to enact ordinances establishing the terms and conditions under which such repairs and maintenance shall be effected, including the penalties to be imposed for failure to do so; (12) 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, airports, hospitals, terminals, docks, parking facilities, and charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; to provide any other public improvements, inside or outside the corporate limits of the city; to regulate the use of public improvements; and, for such purposes, property may be acquired by
GEORGIA LAWS 2008 SESSION
4251
condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are now or may hereafter be enacted; (13) Building regulation. To establish minimum standards for and to regulate the erection, construction, and repair of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; to regulate all housing, building, and building trades; to license the construction and erection of buildings and all other structures for the health, sanitation, cleanliness, welfare, and safety of inhabitants of the city; and to provide for the enforcement of such standards; (14) 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; (15) Urban redevelopment. To organize and operate an urban redevelopment program; (16) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, and the manufacture, sale, or transportation of any intoxicating liquors; to regulate or prohibit the use of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials; to regulate the use oflighting and heating equipment and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, adult bookstores, and massage parlors; (17) 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 ofway ofstreets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (18) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (19) Pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city; (20) 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; (21) 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; (22) 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;
4252
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(23) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the resale of such items; (24) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business 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; (25) Sewer and water fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system and to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use of the sewers: to provide for the manner and method of collecting such sewer service charges and for enforcing payment of the same; to levy a fee, charge, or water tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a water plant and water system; to levy on the users of the water system a water service charge or fee or water tax for the use of the water system; to provide for the manner and method of collecting such water service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer and/or water connection fee or fees to those connected with the water or sewer system; (26) 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 ofthe inhabitants ofthe city; and to provide for the enforcement of such standards; (27) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (28) 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; (29) 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, squares, 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; (30) Public peace. To adopt ordinances and regulations for the prevention and punishment of loitering, disorderly conduct, riots, public drunkenness, and disturbing the peace in the corporate limits of the city; and to prohibit or regulate by ordinance such other conduct and activities within said city which, while not constituting an offense against the laws of this
GEORGIA LAWS 2008 SESSION
4253
state, are deemed by the governing authority to be detrimental and offensive to the peace and good order of the city or to the welfare of the citizens thereof; (31) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl; 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; (32) 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; (33) 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; (34) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (35) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (37) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations providing for services to be furnished and payments to be made therefor; (38) 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; (39) General welfare. To make, ordain, and establish such bylaws, ordinances, rules, and regulations as shall appear necessary for the security, welfare, convenience, and interest ofthe city and the inhabitants thereof and for preserving the health, peace, order, and good government of the city; (40) 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; (41) 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 ofthe State of Georgia; and to establish, operate, or contract for a police and a fire-fighting agency; (42) 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; and
4254
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(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 enumerated 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. No enumeration 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. 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 1.14. 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 powers, functions, rights, privileges, and immunities shall be carried into execution as provided by ordinance of the governing authority or as provided by pertinent laws of the State of Georgia.
ARTICLE II GOVERNMENT STRUCTURE
SECTION 2.10. City council: composition; number; election.
The legislative authority of the government of the City of Sky Valley, 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 city governing authority under prior law. The mayor and councilmembers shall be elected in the manner provided by this charter.
GEORGIA LAWS 2008 SESSION
4255
SECTION 2.11. City council: terms and qualifications for office. (a) The members of the city council shall serve for a term of two years and until their respective successors are elected and qualified. No person shall be eligible to serve as a councilmember unless that person shall have been a resident of the City of Sky Valley for 12 months continuously prior to the date of the election of councilmembers. Each person so elected shall continue to reside within the corporate limits of Sky Valley during that person's period of service as councilmember. Each councilmember shall be registered and qualified to vote in the municipal elections of the City of Sky Valley. (b) The election for the two councilmembers whose terms expire in 2008 shall be held at the time of the general election in November, 2008. (c) The election for the three councilmembers whose terms expire in 2009 shall be held at the time of the general election in November, 2009.
SECTION 2.12. Vacancy; forfeiture of office; filling of vacancies. (a) Vacancies - The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office or removal from office, or 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) Forfeiture of office- The mayor or any councilmember shall forfeit his or her office if he or she: (l) Lacks at any time during his or her term of office any qualifications of the office as prescribed by this charter or the laws of the State of Georgia; (2) Is convicted of a felony or other crime involving moral turpitude; or (3) Abandons the office or neglects to perform the duties thereof. (c) Filling of vacancies. (1) A vacancy in the office of a councilmember shall be filled for the remainder of the unexpired term, if any, by appointment by the city council if less than 12 months remain in the unexpired term, otherwise by an election as provided for in Section 5.15 of this charter and Titles 21 and 45 ofthe O.C.G .A. or such other laws as are or may hereafter be enacted. This provision shall also apply to a temporary vacancy created by the suspension from office of the mayor or any councilmember. (2) In the event that the office of mayor shall become vacant for any cause whatsoever, the president of the city council shall act as mayor until the next general or special election, as provided in this paragraph, with all the powers and duties of the mayor. The president of the council shall temporarily vacate his or her seat on the city council to act as mayor and shall lose all voting privileges while serving as mayor. Upon election of the mayor as provided herein, the council president shall be entitled to return to his or her seat on the city council for the remainder of his or her term, if any, provided that the president of the city council who is serving as mayor does not qualify to run for the unexpired term of the
4256
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
mayor at the next general or special election. When the office of president of the city council becomes vacant because the president ofthe city council becomes the acting mayor due to a vacancy in the office of mayor, such vacancy in the president of the city council position shall be filled by election by the remaining members of the city council. The term of office for a councilmember so elected shall continue until the next general or special election for the office of mayor. (d) Nonpartisan elections- Political parties shall not conduct primaries for city offices, and names of candidates for city offices shall be listed without party description.
SECTION 2.13. Elections.
For the purpose of electing the mayor and city council, the City of Sky Valley shall consist of one city-wide election district. The candidate for mayor and the candidates for city council receiving the most votes city wide will be elected.
SECTION 2.14. Compensation and expenses. The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance.
SECTION 2.15. 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 persons judgment or action in the performance of that person's official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of that person's official duties or would tend to impair the independence 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 persons know ledge is interested, directly or
GEORGIA LAWS 2008 SESSION
4257
indirectly, in any manner whatsoever, in business dealings with the governmental body by which that person is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which that person has a financial interest. (c) Disclosure -Any elected official, appointed officer, or employee who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such interest to the city council. The mayor or any councilmember who has a financial interest in any matter pending before the city council shall disclose such interest and such disclosure shall be entered on the records of the city council, and that person shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such interest to the governing body of such agency or entity. (d) Use of public property- No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (e) Contracts voidable and rescindable- Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render such contract or sale voidable at the option of the city council. (f) Ineligibility of elected official- Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which that person was elected. No former councilmember and no former mayor shall hold any compensated appointive office in the city until one year after the expiration or vacating of the term for which that person 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 within the City of Sky Valley. 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) Abstentions- A councilmember shall vote on all motions unless he or she has a conflict of interest preventing him or her from making a decision in a fair and legal manner. If a
4258
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
conflict of interest does exist, the councilmember shall explain for the record his or her decision to abstain on any vote. (i) Penalties for violation.
(I) Any officer or employee of the city who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited that person's office or position. (2) Any officer or employee of the city who shall forfeit that person's office or position as described in paragraph (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 2.16. Inquiries and investigations. The city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as may be provided by ordinance.
SECTION 2.17. General power and authority of the city council. (a) Except as otherwise provided by law or this charter, the city council shall be vested with all the powers of government of the City of Sky Valley 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, the Constitution, and the 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 Sky Valley and may enforce such ordinances by imposing penalties for violation thereof. (c) The city council by ordinance may create, change, alter, abolish, or consolidate offices, agencies, and departments of the city and may assign additional functions to any of the offices, agencies, and departments expressly provided for by this charter.
SECTION 2.18. Organizational meeting. (a) At the first meeting of each year the first order of business will be organization. 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:
GEORGIA LAWS 2008 SESSION
4259
"I do solemnly swear (or affirm) that I will well and truly perform the duties of (mayor) (councilmember) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and the United States of America." (b) The city council, by majority vote of all the members thereof, shall elect one of their number to be president of the city council. The person elected as president shall serve a term of one year and until a successor is elected and qualified. The president of the city council shall assume the duties and powers of the mayor upon the mayor's disability or absence or upon the event of a vacancy in that office.
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. The city council may recess any regular meeting and continue such meeting on any weekday and at any hour it may fix and may transact any business at such continued meeting that could have been transacted at any regular meeting. (b) Special meetings of the city council may be held on call of the mayor or three members of the city council. Notice of such special meeting shall be served on all other members as provided by ordinance. 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 notice may be transacted at the special meeting unless all councilmembers are present and consent. With such consent, any business which may be transacted in a regular meeting may be conducted 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 shall be appointed by the mayor subject to the approval of a majority of councilmembers and shall serve at the pleasure of the mayor and city council. The mayor or any councilmember may initiate the removal of any committee chairperson or committee member at any time by moving the council to act on the recommended removal. Any removal is subject to approval by the majority of the city council.
4260
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2.21. Quorum; voting. Any four members of the city council shall constitute a quorum and shall be authorized to transact business ofthe city council. Voting on the adoption of ordinances shall be by voice vote, and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of the majority of the quorum shall be required for the adoption of any ordinance, resolution, or motion. In the event any councilmember or the mayor leaves the meeting after the motion is made but before the motion is decided, he or she shall be deemed absent for quorum purposes.
SECTION 2.22. Ordinance form; procedures. (a) Except as herein provided, every official action of the city council which is to become law shall be by ordinance. Each proposed ordinance or resolution may be introduced in writing and in a form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause should be "The council of the City of Sky Valley hereby ordains..." and every ordinance should so begin. (b) An ordinance may be introduced by any councilmember and be read or summarized 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 2.23 of this charter and except for ordinances originally introduced and approved upon the affirmative vote of all the councilmembers present. 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) All ordinances, bylaws, 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 governing authority. (d) Whenever possible, ordinances should be prepared by the city attorney.
SECTION 2.23. Emergencies.
(a) To meet a public emergency affecting life, health, property, or public peace, the city council may promptly 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 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
GEORGIA LAWS 2008 SESSION
4261
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 2.22 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 2.25 of this charter. (b) Copies of any adopted code oftechnical regulations shall be made available by the clerk for inspection by the public.
SECTION 2.25. Submission of ordinances to the mayor; 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, and every ordinance adopted by the council shall be presented promptly by the clerk to the mayor. (b) The mayor, within ten calendar days of receipt of any adopted ordinance, shall return it to the clerk with or without his or her approval or with his or her disapproval. If the ordinance is 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 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 city clerk a written statement ofthe reasons for his or her veto.
4262
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 city clerk to the city council at its next regular meeting, and should the city council then or at its next regular meeting adopt the ordinance by an affirmative vote of four of its members, it shall become law. (d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts 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 subsection (c) of this section. (e) 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 Sky Valley, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies ofthe city and made available for purchase by the public at a reasonable price as fixed by the city council. (f) 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 ofany current changes in or additions to codes oftechnical regulations and other rules and regulations included in the code.
ARTICLE III EXECUTIVE BRANCH ORGANIZATION
AND GENERAL PROVISIONS SECTION 3.10.
Chief executive officer.
The mayor shall be the chief executive of the City of Sky Valley. The mayor shall possess, have, and exercise all of the executive and administrative powers granted to the city under the Constitution and laws of the State of Georgia and all the executive and administrative powers contained in this charter.
GEORGIA LAWS 2008 SESSION
4263
SECTION 3.11. Election; powers and duties of mayor. (a) The mayor shall be elected in the manner provided in this charter and shall serve for a term of two years and until a successor is elected and qualified. The mayor shall have the same qualifications, be administered the oath of office, and forfeit the office on the same grounds and under the same procedures as for councilmembers. The manner of fixing compensation and the limitations on holding other offices and dealing in matters in which the mayor is financially interested shall be the same for the mayor as is established for councilmembers. (b) As the chief executive of the City of Sky Valley, the mayor shall: (1) See that all laws and ordinances of the city are faithfully executed; (2) With the recommendation of the city manager, authorize the provisional employment of all officers, department heads, and employees of the city, except where otherwise provided by this charter, subject to final approval by the city council within an introductory period not to exceed 90 days after the first date of employment; (3) Call special meetings of the city council as provided in this charter; (4) Approve or disapprove ordinances as provided in this charter; (5) Be the official head of the city for the purpose of service ofprocess and for ceremonial purposes and be the official spokesperson for the city and the chief advocate of policy; (6) See that all funds of the city are properly accounted for and that all revenues are properly and promptly collected; (7) Inspect or cause to be inspected the records and books of account of the officers of the city and see that they are properly and correctly kept; (8) See that order is maintained in the city and that its property and effects are preserved; (9) Perform such other duties as may be required by law, this charter, or ordinance; (1 0) Preside at all meetings of the city council; and (11) Fulfill such other executive and administrative duties as the city council shall by ordinance establish. (c) The mayor shall have authority to: (1) Bind the city by signing any contract, obligation, or other matter entered into and authorized by ordinance or resolution of the city council that is properly passed in accordance with the provisions of this charter; (2) Create committees and appoint members consisting of councilmembers, city staff, and citizens at large upon the concurrence by a majority vote of the city council; and (3) Perform duties as may be proper and necessary in the conduct of the affairs of the city and as may be hereinafter authorized.
SECTION 3.12. President of city council as acting mayor. During the temporary absence or disability of the mayor for any cause, the president of the city council or in the president's absence or disability for any reason, any councilmember
4264
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
chosen by majority vote of the city council shall be clothed with all the rights and privileges of the mayor and shall perform the duties of the office of mayor for so long as such absence or disability shall continue. If the mayor returns within his or her elected term, the mayor will resume the office of mayor and the president of the city council will resume the office of president of the city council. The president of the city council shall retain the authority to vote on matters before the city council during a temporary absence of the mayor. An absence or disability shall be declared by a majority vote of all councilmembers.
SECTION 3.13. 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, the directors of departments and other appointed officers of the city shall serve at the pleasure of the city manager. Vacancies occurring in an appointive office shall be filled in the same manner as prescribed by this charter for original appointment. (c) 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. (d) All appointed officers and directors of departments shall receive such compensation as prescribed by the city council.
SECTION 3.14. 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) With the exception of the planning and zoning commission and unless otherwise provided by ordinance, state law, or this charter, all members of boards, commissions, and authorities of this city shall be appointed annually at the first regular scheduled meeting of each calendar year by the city council. (c) Any vacancy in office of any member of a board, commission, or authority of this 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 any applicable state law. (d) 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.
GEORGIA LAWS 2008 SESSION
4265
(e) Any member of a board, commission, or authority may be removed from office for cause by a vote of three members of the city council unless otherwise provided by Jaw. (f) 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. (g) The qualifications required of members of boards, commissions, and authorities shall be as prescribed by ordinance. (h) Except as otherwise provided by this charter or by Jaw, 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 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 Jaw, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the city clerk.
SECTION 3.15. City attorney.
The city council shall appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for providing for the representation and defense of the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the city council as directed; shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of such person's position as city attorney.
SECTION 3.16. City clerk.
The city council shall appoint a city clerk and such deputies as necessary 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 other duties as may be required by law or as the city council may direct.
SECTION 3.17. City manager.
(a) The council may employ a city manager for an indefinite term or pursuant to a contract for a defined term as the chief operating officer of the city to be responsible for the day-to-day management ofthe government of the city. The duties of the city manager shall include, but are not limited to, overseeing personnel, public works, purchasing and sales, and the customary and general operations of the city as well as specific duties assigned by ordinance.
4266
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) The city manager shall report to the mayor and city council as requested. (c) The mayor shall have supervisory oversight of the city manager. (d) The mayor shall nominate the city manager from a list of qualified candidates chosen by a search committee which shall consist of the mayor, the president of the council, one councilmember, and two citizens chosen by the mayor and approved by the city council.
SECTION 3.18. Tax commissioner. The council may appoint a tax commissioner to collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of this charter and the ordinances of the city, and the tax commissioner 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. The tax commissioner shall be designated as a duly authorized officer to conduct a sale for taxes due.
SECTION 3.19. Consolidation of functions. The city council may consolidate any two or more of the positions of the city clerk, city tax commissioner, or any other positions or may assign the functions of any one or more of such positions to the holder or holders of any other positions.
SECTION 3.20. Personnel policies. The city council shall adopt rules and regulations consistent with this charter concerning personnel policies as may be necessary to provide for adequate and systematic handling of the personnel affairs of the city. 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 MUNICIPAL COURT
SECTION 4.10. Creation; name.
There shall be a court to be known as the Municipal Court of the City of Sky Valley.
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 in good standing
GEORGIA LAWS 2008 SESSION
4267
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 for cause by a vote of three members ofthe city council. (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 judges 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.
SECTION 4.12. Convening.
The municipal court shall be convened at regular intervals as provided by ordinance.
SECTION 4.13. Jurisdiction; powers. The establishment, jurisdiction, and powers ofthe Municipal Court ofthe City of Sky Valley is as established by the law of Georgia governing municipal courts as it now exists or as amended. Chapter 32 of Title 36 of the O.C.G.A. is hereby adopted by reference. The powers of the municipal court include the power to authorize the abatement of nuisances.
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 Rabun 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 eight hours prior to such proceedings.
4268
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ARTICLE V ELECTIONS 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. Except as otherwise provided by the Georgia Election Code, 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., as now or hereafter amended.
SECTION 5.11. Qualifying; nomination of candidates; absentee ballots. Consistent with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," the council by ordinance may prescribe rules and regulations governing qualifying fees, the nomination of candidates, absentee ballots, write-in votes, the challenge of votes, and such other rules and regulations as may be necessary for the conduct of elections in the City of Sky Valley.
SECTION 5.12. Regular elections; time for holding. There shall be a municipal general election annually on the Tuesday next following the first Monday in November.
SECTION 5.13. Nonpartisan elections. Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party designations.
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, that if such vacancy occurs within 12 months of the expiration of the term of that office, the city council or those members remaining shall appoint a successor for the remainder of the term. In ail 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 2008 SESSION
4269
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," as now or hereafter amended.
SECTION 5.16. Removal of officers. (a) The mayor, councilmembers, or 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. This mandatory removal due to a cause listed under Title 45 ofthe O.C.G.A. does not limit the authority of the mayor and the city council to terminate an appointed officer's appointment at will. (b) Removal of a mayor or councilmember pursuant to subsection (a) of this section shall be accomplished by the following method. 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 Rabun County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court.
ARTICLE VI FINANCE AND FISCAL
SECTION 6.10. Property taxes.
All property subject to taxation for state or county purposes, assessed as of January I of each year, may be subject to a property tax levied by the City of Sky Valley. The city council shall use the county assessment for the year in which the city taxes are to be levied and shall request the county to furnish appropriate information for such purpose.
SECTION 6.11. Ad valorem taxes. The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits ofthe city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and
4270
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
interest on general obligations, and for any other public purpose as determined by the city council in its discretion.
SECTION 6.12. 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 6.13. Collection of delinquent taxes and fees; transfer of executions. (a) The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution offi. fas.; the 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 the assignment or transfer of tax executions. The council may provide by ordinance for the collection of delinquent taxes by fi. fa. issued by the city clerk or tax commissioner and executed by any police officer of the city under the same procedures provided by law governing execution of such process from the superior court. A lien shall exist against all property upon which city taxes are levied, as of the assessment date of each year, which lien shall be superior to all other liens, except that it shall have equal dignity with those of federal, state, or county taxes. In cases of hardship, the city council shall have discretionary authority to waive any and all penalties imposed on delinquent taxes, fees, assessments, or other amounts due to the city. (b) The city clerk shall be authorized to assign or transfer any fi. fa. or execution issued for any tax or for any street, sewer, or other assessment in the same manner and to the same extent as provided by Georgia law regarding sales and transfers of tax fi. fas. Such transfer or assignment, when made, shall vest the purchaser or transferee with all right, title, and interest as provided by Georgia law governing sales and transfers of tax fi. fas. provided, however, that upon levy of execution and sale of property pursuant to such tax fi. fas., whether assigned, transferred, or executed by the city, the owner of such property, in fee simple or lesser interest, shall not lose his or her right to redeem the property in accord with the requirements of redemption of property sold under state or county ad valorem tax fi. fas. as said requirements now exist or as may be hereafter provided by law.
GEORGIA LAWS 2008 SESSION
4271
SECTION 6.14. Licenses; occupation taxes; excise taxes. The city council by ordinance shall have the power to levy such specific or occupation taxes upon the residents of the City of Sky Valley, both individual and corporate, and upon all those who transact or offer to transact business therein, or who practice or offer to practice any profession or calling therein, as the city council may deem expedient for the public health, safety, benefit, convenience, or advantage of the city. The city council by ordinance shall have the power to classify businesses, occupations, professions, or callings for the purpose of licensing and taxation in any manner which may be lawful; to require such persons to purchase licenses; to compel the payment for such licenses and taxes by execution or any other lawful manner; and to enact ordinances and regulations necessary or proper to carry out the powers granted herein. The city council shall have the power to levy an excise tax not prohibited by general law.
SECTION 6.15. Franchises.
(a) The city council shall have the power to grant franchises for the use of any city owned property for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, that no franchise shall be granted for a period in excess of 35 years, and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by the city clerk. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. (b) If no franchise agreement is in effect, the city council has the authority to impose a tax on gross receipts for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations.
SECTION 6.16. 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 6.13 of this charter.
4272
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 6.17. Special assessments. The city council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutter, sewer, other utility main and appurtenance, or other public improvement from the abutting property owners under such terms and conditions as may be prescribed by ordinance. If unpaid, such charges shall be collected as provided in Section 6.13 of this charter.
SECTION 6.18. Construction; other taxes. This city shall be empowered to levy any other tax or fee allowed now or hereafter by state law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs.
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 the end of the fiscal year 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 fiscal year in which it was executed and at the close of each succeeding fiscal year for which it may be renewed. Contracts must be executed in accordance with the requirements
GEORGIA LAWS 2008 SESSION
4273
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 unless otherwise provided by state or federal law.
SECTION 6.24. Submission of operating budget to city council. On or before a date fixed by the city council but not later than 90 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 operating budget and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.
SECTION 6.25. Action by city council on budget. (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. (b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than seven days prior to the beginning thereof. Ifthe 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.
SECTION 6.26. Property tax levies. As the next order of business following adoption of the operating budget, the city council shall levy by ordinance an annual tax on all taxable real and personal property within the City of Sky Valley. The 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 the City of Sky Valley.
4274
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 6.27. Additional appropriations. The city council by ordinance may make appropriations in addition to those contained in the current operating budget at any regular meeting or special meeting called for such purpose. Any such additional appropriations may be made from an existing unappropriated surplus in any fund or on a revised estimate of revenues.
SECTION 6.28. Capital improvements budget. The council may by ordinance provide for the preparation by the city manager and submission to the mayor and city council of a capital improvements budget.
SECTION 6.29. Independent audit. There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted auditing principles. Any audit of any funds by the state or federal governments may be accepted as satisfying the requirements of this charter. Copies of annual audit reports shall be available at printing costs to the public.
SECTION 6.30. Contracting procedures. No contract with the city shall be binding on the city unless: (1) It is in writing; and (2) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to this charter.
SECTION 6.31. Centralized purchasing; sale of city property. (a) The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the City of Sky Valley. (b) Except as otherwise provided by law, the city council may sell and convey any real or personal property owned or held by the city for governmental or other purposes at a public or private sale, with or without advertisement, for such consideration as it shall deem equitable and just for the city.
GEORGIA LAWS 2008 SESSION
ARTICLE VIII MISCELLANEOUS
SECTION 7.10. Official bonds.
4275
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.
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 offull 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.
(a) Section captions in this charter are informative only and are not 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.
4276
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 7.15. Penalties.
The violation of any provision of this charter for which no penalty is specifically provided herein is hereby declared to be a misdemeanor and shall be punishable by a fine as allowed by state law or by imprisonment not to exceed 90 days or both.
SECTION 7.16. 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 or parts 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 7.17. Specific repealer. An Act incorporating the City of Sky Valley in the County of Rabun, approved March 24, 1978 (Ga. L. 1978, p. 4292), is repealed in its entirety, and all amendatory Acts thereto are likewise repealed in their entirety.
SECTION 7.18. Effective date. This Act shall become effective on July 1, 2008.
SECTION 7.19. 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 2008 session of the General Assembly of Georgia a bill to reincorporate and provide a new charter for the City of Sky Valley in Rabun County, Georgia, so as 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, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for a city council; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk,
GEORGIA LAWS 2008 SESSION
4277
a city manger, and other personnel; to provide for rules and regulations to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for the sale of property; to provide for bonds for officials; to provide for eminent domain; 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 an effective date; to repeal conflicting laws; and for other purposes.
This 28th day of November, 2007.
Representative Charles Jenkins, 8th District.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles Jenkins, who on oath deposes and says that he is the Representative from District 8 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Clayton Tribune which is the official organ of Rabun County on December 20,2007, and that the notice requirements of Code Section 28-1-14 have been met.
s/ CHARLES JENKINS Charles Jenkins Representative, District 8
Sworn to and subscribed before me, this 23rd day of January 2008.
sf DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 13, 2008.
4278
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SATILLA REGIONAL WATER AND SEWER AUTHORITY SELECTION OF MEMBERS.
No. 675 (House Bill No. 1477).
AN ACT
To amend an Act creating the SatillaRegional 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, particularlyby an Act approved May 30, 2003 (Ga. L. 2003, p. 3689), by an Act approved May 5, 2006 (Ga. L. 2006, p. 4216), and by an Act approved May 30,2007 (Ga. L. 2007, p. 4367), so as to revise the manner of selection of the members of the authority; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the Satilla Regional Water and Sewer Authority, previously known as the Ware County Water and Sewer Authority, approved October I, 2001 (Ga. L. 2001, Ex. Sess., p. 705), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3689), by an Act approved May 5, 2006 (Ga. L. 2006, p. 4216), and by an Act approved May 30, 2007 (Ga. L. 2007, p. 4367), 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, provided that each person, firm, corporation, or other entity shall be limited to a maximum of five votes:
(I) Each natural person holding an account individually shall be required, as a precondition to submitting or signing a petition for the nomination of a candidate and to receiving a voting ballot for the applicable account, to provide to the authority in writing his or her full name and 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
GEORGIA LAWS 2008 SESSION
4279
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 of a member of the authority, the authority shall establish a period of time for the submission of nominations of candidates. Each sitting member of the authority shall be entitled to nominate one candidate. Additionally, any account holder complying with the provisions of paragraph(!) 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 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 (I) 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
4280
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
consumers of the authority on a runoff ballot in accordance with paragraph (4) of this subsection. Thereafter, the candidate receiving a majority ofthe 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 2008 session of the General Assembly of Georgia a bill to amend an Act creating the Satilla Regional Water and Sewer Authority, previously known as the Ware County Water and Sewer Authority, approved October I, 2001 (Ga. L. 2001, Ex. Sess., p. 705) as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3689), by an Act approved May 5, 2006 (Ga. L. 2006, p. 4216), and by an Act approved May 30, 2007 (Ga. L. 2007, p. 4367), so as to revise the manner of selection of the members of the authority; to provide for related matters; to repeal conflicting laws; and for other purposes.
This 20th day of March, 2008.
J. Mark Hatfield Georgia State Representative District 177 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, 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 21, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ MARK HATFIELD Mark Hatfield Representative, District 177
GEORGIA LAWS 2008 SESSION
4281
Sworn to and subscribed before me, this 26th day of March 2008.
s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)
Approved May 13, 2008.
WHITE COUNTY- BOARD OF EDUCATION; REPEAL LOCAL CONSTITUTIONAL AMENDMENT; REFERENDUM.
No. 676 (House Bill No. 1420).
AN ACT
To repeal an Act approved March 27, 1985 (Ga. L. 1985, p. 4563), which continued in force and effect as part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1963 general election (Res. Act No. 23; H.R. 85-157; Ga. L. 1963, p. 670) providing for the election of the members of the Board of Education of White County; to provide the authority for this Act; to provide for a referendum; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. That Act approved March 27, 1985 (Ga. L. 1985, p. 4563), which continued in force and effect as part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1963 general election (Res. Act No. 23; H.R. 85-157; Ga. L. 1963, p. 670) providing for the election of the members of the Board of Education of White County, is repealed in its entirety.
SECTION 2. This Act is passed pursuant to Article XI, Section I, Paragraph IV(b) of the Constitution of the State of Georgia which authorizes the repeal of certain amendments to the Constitution which were continued in force and effect after July 1, 1987.
4282
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of White County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of White County for approval or rejection. The election superintendent shall conduct that election on the date of the November, 2008, state-wide general election and shall issue the call and conductthat 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 White County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the local constitutional amendment be repealed which provides for the election of the members of the Board of Education of White County and
( ) NO establishes education districts by militia districts so that such matters may be changed and modernized by local law?"
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, 2009. If Section 1 of this Act are not so approved or ifthe election is not conducted as provided in this section, 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 White 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 2008 session of the General Assembly ofGeorgia a bill to repeal an Act approved March 27, 1985 (Ga. L. 1985, p. 4563), which continued in force and effect as part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1963 general election (Res. Act No. 23; H.R. 85-157; Ga. L. 1963, p. 670) providing for the election of the members of the Board of Education of White County; to provide the authority for this Act; to provide for a referendum; to provide effective dates; to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 2008 SESSION This 20th day of February, 2008.
4283
s/ Ben Bridges Representative Ben Bridges 1Oth District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben Bridges, who on oath deposes and says that he is the Representative from District 10 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the White County News which is the official organ of White County on March 6, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ BEN BRIDGES Ben Bridges Representative, District 10
Sworn to and subscribed before me, this lOth day of March 2008.
s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)
Approved May 13, 2008.
WARE COUNTY- BOARD OF EDUCATION; TEACHERS AND EMPLOYEES MAY ADDRESS BOARD WITHOUT PRIOR APPROVAL; PROHIBIT RETALIATION FOR SUCH ADDRESSES.
No. 677 (House Bill No. 1478).
AN ACT
To amend an Act reconstituting the Board of Education of Ware County, approved September 18, 1991 (Ga. L. 1991, Ex. Sess., p. 445), as amended, so as to provide that
4284
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
teachers and employees employed by the board may address or speak to the board concerning matters involving the Ware County schools or school system during meetings of the board without seeking or obtaining the approval of any supervisors or the county school superintendent; to prohibit any form of retaliation against such teachers or employees for such activities; 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 reconstituting the Board ofEducation ofWare County, approved September 18, 1991 (Ga. L. 1991, Ex. Sess., p. 445), as amended, is amended by adding a new section to read as follows:
'SECTION 6A. Any teacher or other employee employed by the board shall be permitted to address and speak to the board during meetings of the board about matters of concern involving the Ware County schools and school system without first seeking or obtaining the approval of any supervisor or the county school superintendent; provided, however, that the board may, in its discretion, limit each speaker to not less than five minutes each. The board, the superintendent, and the supervisors of such teachers or other employees shall not retaliate, discipline, or otherwise sanction any teacher or other employee on account of the making or the content of such address or speech to the board.
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 2008 session of the General Assembly of Georgia a bill to amend an Act reconstituting the Board of Education of Ware County, approved September 18, 1991 (Ga. L. 1991, Ex. Sess., p. 455), as amended, so as to provide that teachers and employees employed by the board may address or speak to the board concerning matters involving the Ware County schools or school system during meetings of the board without seeking or obtaining the approval of any supervisors or the county school superintendent; to prohibit any form of retaliation against such teachers or employees for such activities; to provide for related matters; to repeal conflicting laws; and for other purposes.
This 20th day of March, 2008.
GEORGIA LAWS 2008 SESSION
]. Mark Hatfield Georgia State Representative District 177 Room 404 Coverdell Legislative Office Building Capitol Square Atlanta, Georgia 30334 (404) 656-0109
4285
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, 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 21, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
sf MARK HATFIELD Mark Hatfield Representative, District 177
Sworn to and subscribed before me, this 26th day of March 2008.
sf LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)
Approved May 13, 2008.
4286
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
WHITE COUNTY -BOARD OF COMMISSIONERS; COMPENSATION; REFERENDUM.
No. 678 (House Bill No. 1419).
AN ACT
To provide for the compensation of the chairperson and members of the Board of Commissioners of White County; to provide for a referendum; to provide for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) Notwithstanding any other provision of law to the contrary, members of the Board of Commissioners of White County, other than the chairperson, shall be paid a salary equal to 20 percent ofthe minimum salary established by general law for the sheriff ofWhite County. Such compensation shall be paid in equal monthly installments from the funds of White County. (b) Notwithstanding any other provision oflaw to the contrary, the chairperson ofthe Board ofCommissioners of White County shall be paid a salary equal to 25 percent ofthe minimum salary established by general law for the sheriff of White County. Such compensation shall be paid in equal monthly installments from the funds of White County.
SECTION 2. Unless otherwise prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of White County shall call and conduct a special election for the purpose of submitting this Act to the electors of White County for approval or rejection. The election superintendent shall conduct that election at the time of the state-wide general election on the Tuesday after the first Monday in November, 2008. The election superintendent 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 White County. The ballot shall have written or printed thereon the words:
"( ) YES ()NO
Shall the Act be approved which provides that beginning January I, 2011, the county commissioners shall be paid a salary equal to 20 percent of the minimum salary established for the sheriff of White County and the chairperson of the county commission shall be paid a salary equal to 25 percent of the minimum salary established for the sheriff?"
GEORGIA LAWS 2008 SESSION
4287
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 the approval of the Act, Section I of this Act shall become effective January 1, 2011. If the Act is not approved or if the election is not conducted as provided in this section, this Act shall not become effective and this Act shall be automatically repealed on the first day immediately following that election date. The expense of such election shall be borne by White County. It shall be the duty of the election superintendent of White County to certify the results thereof to the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2008 session of the General Assembly of Georgia a bill to provide for the compensation of the chairperson and members of the Board Commissioners of White County; to provide for a referendum; to provide for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
This 20th day of February, 2008.
s/ Ben Bridges Representative Ben Bridges 1Oth District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben Bridges, who on oath deposes and says that he is the Representative from District I0 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the White County News which is the official organ of White County on March 6, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ BEN BRIDGES Ben Bridges Representative, District I0
4288
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this lOth day of March 2008.
sf LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)
Approved May 13, 2008.
WARE COUNTY- HOMESTEAD EXEMPTION; SCHOOL TAXES; BASE YEAR; REFERENDUM.
No. 679 (House Bill No. 1443).
AN ACT
To provide for a homestead exemption from Ware County school district ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting 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 Ware County school district, including, but not limited to, any ad valorem taxes for special district purposes and to pay interest on and to retire county school district bonded indebtedness. (2) "Base year" means the taxable year immediately preceding the taxable year in which the exemption under subsection (b) of this section is first granted to the most recent owner of such homestead. (3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended, with the additional qualification that it shall include not more than five contiguous acres of homestead property.
GEORGIA LAWS 2008 SESSION
4289
(b) Each resident of the Ware County school district is granted an exemption on that person's homestead from Ware County school district ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value of the homestead. This exemption shall not apply to taxes assessed on improvements to such homestead or additional land that is added to such homestead after January I of the base year. If any real property is removed from such homestead, the base year assessed value shall be adjusted to reflect such removal, and the exemption shall be recalculated accordingly. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless such person or person's agent files an application with the tax commissioner ofWare County, giving such information relative to receiving such exemption as will enable the tax commissioner of Ware County to make a determination regarding the initial and continuing eligibility of such person for such exemption. The tax commissioner of Ware County shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G .A., as amended. The exemption shall be automatically renewed from year to year as long as the person granted the homestead exemption under subsection (b) of this section 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 Ware County in the event that person for any reason becomes ineligible for such exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect any state ad valorem taxes, county ad valorem taxes for county purposes, municipal ad valorem taxes for municipal purposes, or 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 Ware County school district ad valorem taxes for educational purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January I, 2009.
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Ware County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Ware County school district for approval or rejection. The election superintendent shall conduct that election on the date of the 2008 state-wide general election and shall issue the call and conduct that election as provided by general law. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof
4290
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
in the official organ of Ware County. The ballot shall have written or printed thereon the words:
"( ) YES ( ) NO
Shall the Act be approved which provides a homestead exemption from Ware County school district ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead?"
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 ofthe Act, Section I ofthis Act shall become of full force and effect on January I, 2009. If the Act is not so approved or if the election is not conducted
as provided in this section, Section I ofthis Act shall not become effective, and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Ware 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 ofthis 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 2008 session of the General Assembly of Georgia a bill to provide for a homestead exemption from Ware County school district ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
This 6th day of March, 2008.
J. Mark Hatfield Georgia State Representative District 77 Room 404 Coverdell Legislative Office Building Capitol Square Atlanta, Georgia 30334 (404) 656-0109
GEORGIA LAWS 2008 SESSION
4291
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, 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 8, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ MARK HATFIELD Mark Hatfield Representative, District 177
Sworn to and subscribed before me, this 13th day of March 2008.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 13, 2008.
WHITE COUNTY- BOARD OF EDUCATION; EDUCATION DISTRICTS; ELECTION; TERMS OF OFFICE; VACANCIES.
No. 680 (House Bill No. 1421).
AN ACT
To provide for the method of election of the members of the Board of Education of White County; to provide education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for the filling ofvacancies; to provide for submission ofthis Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for conditional effective dates and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
4292
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 1. There is reconstituted the Board of Education of White County, to be elected and organized as provided for in this Act. The board of education provided by this Act shall be the successor to the Board of Education of White County which existed on December 31,2010, and shall continue to have the obligations and liabilities of the same. The term "board," whenever used in this Act, shall mean the Board of Education of White County, including the chairperson and all members.
SECTION 2. (a) The Board of Education of White County shall be composed of a chairperson and four members to be elected as provided in this Act. For purposes of electing members of the board ofeducation, the White County School District is divided into four education districts. The four education districts shall be and correspond to those four numbered districts described in and attached to and made a part of this Act and further identified as Plan Name: whitep2 Plan Type: Local User: staff Administrator: HOlO. (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 ofthe Census for the United States decennial census of2000 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 ofthe Census for the United States decennial census of 2000 for the State of Georgia. Any part of the White 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 White 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) The board of education shall be composed of a chairperson and one member residing in each education district. The chairperson shall reside in the White County School District. Each board member shall reside in the education district which he or she represents. The chairperson and each member from an education district shall be elected and voted on by the voters of the entire White County School System.
GEORGIA LAWS 2008 SESSION
4293
SECTION 3. (a) The members of the reconstituted Board of Education of White County shall be elected as provided in this subsection. The members from Education Districts 2 and 4 shall be elected at the general election on the Tuesday next following the first Monday in November, 2010. Those members of the board elected from Education Districts 2 and 4 in 2010 shall take office on January 1, 2011, and shall serve for terms of four years and until their successors are duly elected and qualified. The chairperson and the members from Education Districts 1 and 3 serving on January 1, 2011, shall continue to serve for the remainder of their terms and until their successors are duly elected and qualified. Their successors shall be elected at the general election on the Tuesday next following the first Monday in November, 2012. The chairperson and those members of the board elected from Education Districts 1 and 3 in November, 2012, shall take office on January 1, 2013, and shall serve terms of four years and until their successors are duly elected and qualified. 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 and until their respective successors are elected and qualified. (b) The chairperson and members ofthe board shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." (c) Any vacancy 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 six months of a term of office, the position shall remain vacant until the next regularly scheduled election; or (2) If the vacancy occurs at any time prior to the time specified in paragraph (1) of this subsection, a successor shall be elected at the next available date for a special election pursuant to O.C.G.A. Section 21-2-540. Any person so elected to fill a vacancy shall serve out the remainder of the unexpired term and until a successor is elected and qualified.
SECTION 4. It shall be the duty of the attorney of the Board of Education of White County to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended.
SECTION 5. This section and Section 2 of this Act and those provisions of this Act necessary for the election of members of the Board of Education of White County in 2010 shall become effective upon the approval by the electors of White County at the time of the November, 2008, general election of the repeal of an Act approved March 27, 1985 (Ga. L. 1985, p. 4563), which continued in force and effect as part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1963 general election (Res. Act No. 23; H.R. 85-157; Ga. L. 1963, p. 670) providing for the election of the members of the
4294
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Board of Education of White County. The remaining provisions of this Act shall become effective January 1, 2011. If the electors of White County do not so approve such Act, this Act shall not become effective and be repealed on December 31, 2008.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
Plan Name: whitep2 Plan Type: Local User: staff Administrator: HOIO
Redistricting Plan Components Report
District 001 White County
Tract: 9502 BG: 1 1002 1003 1004 1005 1006 1007 1008 1009 1010 lOll 1012 1013 1016 1017 1046 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 1995 1996 1997 BG:2 2024 2025 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2076 2079 2080 2081 2082 2083 2084 2085 2086 2087 BG:3 3000 3004 3048 3049 3050 3052 3053 3054 3055 BG:4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4074 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 502450255026502750285029503050315032503350345035 5036 5037 5038 5039 5040 5041 5042 5043 5044 5045 5046 5047 5048 5049 5050 5051 5052 5053 5054 5055 5056 5057 5058 5059 5060 5061 5062 5063 5064 5065 5066 5067 5068 5069 5070 5071 5072 5073 5074 5075 5076 5077 5079 5080 5081
GEORGIA LAWS 2008 SESSION
District 002 White County
Tract: 9502 BG:4 4045 BG: 5 5078 5082 5083 Tract: 9503 BG: 1 1007 1008 1012 1013 1014 1015 1017 1018 1019 1020 10211022 1023 1024 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 106110621063106410651066106710681069107010711072 1073 1074 1075 1996 1997 1998 1999 BG: 2
District 003 White County
Tract: 9502 BG: 2 2020 2021 2022 2023 2026 2027 2028 2045 2046 2047 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 2077 2078 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2999 BG: 3 3001 3002 3003 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3051 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 3999 BG:4 4038 4039 4040 4041 4042 4043 4044 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4061 4062 4063 4064 4065 4066 4067 4068 4069 4070 4071 4072 4073 4999
4295
4296
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
District 004 White County
Tract: 9501 Tract: 9502 BG: 1 100010011014101510181019102010211022102310241025 1026 1027 1028 1029 1030 10311032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1047 1998 1999 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2044 2048 2049 Tract: 9503 BG: 1 1000 1001 1002 1003 1004 1005 1006 1009 1010 1011 1016 1025 1026
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2008 session of the General Assembly of Georgia a bill to provide for the method of election of the members of the Board of Education of White County; to provide education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for the filling of vacancies; to provide for submission ofthis Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for conditional effective dates and automatic repeal; to repeal conflicting laws; and for other purposes.
This 20th day of February, 2008.
s/ Ben Bridges Representative Ben Bridges 1Oth District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben Bridges, who on oath deposes and says that he is the Representative from District 10 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the White County News which is the official organ of White County on March 6, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
GEORGIA LAWS 2008 SESSION
sf BEN BRIDGES Ben Bridges Representative, District I0
Sworn to and subscribed before me, this 1Oth day of March 2008.
s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)
Approved May 13, 2008.
4297
WILKES COUNTY- BOARD OF COMMISSIONERS; PURCHASING.
No. 681 (House Bill No. 1455).
AN ACT
To amend an Act recreating the board of commissioners of Wilkes County, approved April17, 1975 (Ga. L. 1975, p. 2979), as amended, so as to provide for the authority of the board of commissioners to carry out purchasing of property and services for governmental purposes; 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 recreating the board of commissioners of Wilkes County, approved April 17, 1975 (Ga. L. 1975, p. 2979), as amended, is amended by revising Section II to read as follows:
"SECTION II. All purchases ofmachinery, equipment, materials, supplies, fuel, and other personal property and real property as well as maintenance and repair of personal and real property, service contracts, and professional service contracts shall be governed by such policies and procedures as are adopted by the board of commissioners. Such policies shall incorporate such form of bidding or advertising procedures as are appropriate given the nature of the personal or real property to be acquired or service to be provided and that ensure the efficient and prudent expenditure of public funds!
4298
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 hereby given that there will be introduced at the regular 2008 session ofthe General Assembly of Georgia a bill to amend an Act relating to the authority of the Board of Commissioners to carry out purchasing of property and services for governmental purposes pursuant to resolution dated February 26, 2008 (Georgia Laws 1975, section 11, page 2979); and to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, 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 News Reporter which is the official organ of Wilkes County on February 28, 2008, and that the notice requirements ofCode Section 28-1-14 have been met.
s/ MICKEY CHANNELL Mickey Channell Representative, District 116
Sworn to and subscribed before me, this 19th day of March, 2008.
s/ LAURA HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)
Approved May 13, 2008.
GEORGIA LAWS 2008 SESSION
LUMPKIN COUNTY- BOARD OF COMMISSIONERS; CLERK; APPOINTMENT AND DUTIES.
4299
No. 682 (House Bill No. 1423).
AN ACT
To amend an Act to create the board of commissioners of Lumpkin County, approved Apri113, 2001 (Ga. L. 2001, p. 4272), as amended, so as to authorize the county manager to appoint and employ a clerk for the board of commissioners; to provide for the assignment of duties of such clerk; 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 create the board of commissioners of Lumpkin County, approved Aprill3, 2001 (Ga. L. 200 I, p. 4272), as amended, is amended by revising paragraph (12) of Section 1-13 as follows:
'(12) To appoint and employ the clerk of the board of commissioners of Lumpkin County and to assign such additional duties of such position as the county manager deems appropriate;'.
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 2008 session of the General Assembly of Georgia a bill to amend an Act to create the board of commissioners of Lumpkin County, approved April 13, 2001 (Ga. L. 2001, p. 4272), as amended, so as to authorize the county manager to appoint and employ a clerk for the board of commissioners; to provide for the assignment of duties of such clerk; to provide for related matters; to repeal conflicting laws; and for other purposes.
This 7th day of February, 2008
Representative Amos Amerson 9th District
4300
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 Dahlonega Nugget which is the official organ of Lumpkin County on March 5, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ AMOS AMERSON Amos Amerson Representative, District 9
Sworn to and subscribed before me, this 5th day of March 2008.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 13, 2008.
UPSON COUNTY- BOARD OF COMMISSIONERS; JURISDICTION; COUNTY MANAGER AND COUNTY CLERK; APPOINTMENT, DUTIES, AND COMPENSATION.
No. 683 (Senate Bill No. 467).
AN ACT
To amend an Act creating the Board of Commissioners of Roads and Revenues for Upson County, approved February 1, 1877 (Ga. L. 1877, p. 3729), as amended, particularly by an Act approved April16, 1999 (Ga. L. 1999, p. 4388), so as to provide for matters under the exclusive jurisdiction and control of the board of commissioners; to provide for the appointment of a county manager and county clerk; to provide for the duties and compensation for a county manager and county clerk; to provide for related matters; to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 2008 SESSION
4301
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the Board of Commissioners of Roads and Revenues for Upson County, approved February I, 1877 (Ga. L. 1877, p. 3729), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4388), is amended by striking in its entirety Section 6 and inserting a new Section 6 to read as follows:
"SECTION 6.
(a) There is created the position of county manager of Upson County. The county manager shall be the chief administrative officer and head of the administrative branch of county government. The Board of Commissioners of Upson County shall select and appoint a county manager, who shall receive such compensation as may be prescribed by the board of commissioners. The county manager must devote all of such officer's working time and attention to the affairs of the county and shall be responsible to the board of commissioners for the efficient administration of all of the affairs of the county over which such officer has jurisdiction. (b) Such person shall be of good character and of proven executive ability and experience. The county manager shall be chosen by the board of commissioners solely on the basis of such person's executive and administrative qualifications with special reference to such person s actual experience in or such person's know ledge of accepted practice with respect to the duties of such person's office as provided for in this section. At the time of such person's appointment such person need not be a resident of the county or state but, during such person's tenure of office, such person shall reside within the county. No person elected to membership on the board of commissioners shall, subsequent to such election, be eligible for appointment as county manager until one year has elapsed following the expiration of the commissioner term for which such person was elected. (c) The county manager shall be appointed for an indefinite term and shall serve at the pleasure of the board of commissioners. Any action of the board in suspending or removing the county manager shall be final. (d) The board of commissioners may designate a person or persons to perform the functions and duties of the county manager during the absence, disability, or suspension of the county manager. Vacancies in the office of county manager shall be filled by the board of commissioners as early as practicable and, until such vacancy is filled, the board of commissioners shall have full power to make a temporary appointment or to perform the functions and duties of such office. (e) The county manager shall have the following duties, powers, and authority:
(I) To supervise the administration of the affairs of the county and to see that the ordinances, resolutions, and regulations of the board of commissioners and the laws of the state are faithfully executed and enforced;
4302
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(2) To hire and remove all employees of the county under the jurisdiction of the board of commissioners, except the county attorney, county auditor, county clerk, and members of the boards, commissions, and authorities, who shall be hired and removed by the board of commissioners. Department heads should be selected and removed after communication with the board of commissioners; (3) To exercise administrative authority and supervision over all departments and personnel under the jurisdiction of the board of commissioners; (4) To require reports from heads of departments and other employees entrusted with administrative duties or exercising discretion. The county manager shall have at all times the authority to examine all books and records of every officer and department of the county under the jurisdiction of the board of commissioners; (5) To attend all meetings of the board of commissioners with a right to take part in the discussions but having no vote, and to attend such other meetings involving county government as the board of commissioners may direct; (6) To recommend to the board of commissioners for adoption such measures as the county manager may deem necessary or expedient; (7) To supervise the performance of all contracts made by any person, company, or corporation for work done for the board of commissioners; (8) To be the purchasing agent of materials and supplies for the county under such rules and regulations as may be imposed by the board of commissioners. The county manager may designate another person to be purchasing agent. If such purchasing agent is a person other than the county manager, that person, before entering upon the discharge of such person's duties, shall execute a bond with a solvent surety company licensed to do business in Upson County in an amount to be approved by the board of commissioners but not less than $50,000.00, payable to Upson County, conditioned for the faithful performance of such person's duties and to secure against corruption, malfeasance, misappropriation, or unlawful expenditure. The premium on such bond shall be paid for by Upson County;
(9)(A) To submit to the board of commissioners with assistance from the county accountant or county financial officer, no later than the last day of the eighth month of each fiscal year, a budget plan and calendar for developing a proposed budget for the ensuing fiscal year; and to formulate and submit to the board ofcommissioners, no later than the last day of the tenth month of each fiscal year, a proposed budget for the ensuing fiscal year and an accompanying explanation. (B) The county manager's explanation shall explain the budget both in fiscal terms and in terms of the work programs. It shall outline the proposed financial policies of the county for the ensuing fiscal year, describe the important features of the budget, indicate any major changes from the current year in financial policies, expenditures, and revenues, together with the reasons for such changes, summarize the county's debt position, and include such other material as the county manager deems desirable.
GEORGIA LAWS 2008 SESSION
4303
(C) The proposed budget shall provide a complete financial plan of all county funds and activities for the ensuing fiscal year and, except as required by law, shall be in such form as the board of commissioners may require. The proposed budget shall, at a minimum, include a clear general summary of its contents and show in detail all estimated income, indicating the proposed property tax levy and all proposed expenditures, including debt service, for the ensuing fiscal year. It shall indicate in separate sections:
(i) Proposed capital expenditures during the ensuing fiscal year, detailed for each fund by organization unit when practicable, and the proposed method of financing each such capital expenditure; and (ii) The anticipated income and expense and surplus or deficit for the ensuing year for each utility or other enterprise fund operated by the county. (D) The county manager shall consult with the heads of county departments, constitutional officers, and the county planning commission and shall prepare and submit to the board of commissioners a proposed five-year capital program each year. It shall be submitted to the board of commissioners by the county manager simultaneously with submission ofthe proposed budget for the ensuing fiscal year. The capital program shall include: (i) A clear general summary of its contents; (ii) A list of all capital improvements and other capital expenditures which are proposed to be undertaken during the five fiscal years next ensuing, with appropriate supporting information as to the necessity for each; (iii) Cost estimates and recommended time schedules for each improvement or other capital expenditure; (iv) The method of financing upon which each capital expenditure is to be reliant; and (v) The estimated annual cost of operating and maintaining the facilities to be constructed or acquired; (10) To keep the board of commissioners fully advised at all times as to the financial condition and needs of the county; (11) To make or cause to be made a full written report to the board of commissioners each month showing the operations and expenditures of each department of the county government for the preceding month; (12) To serve as personnel director in the supervision and administration of the county's personnel system for county employees; (13) To delegate purely administrative duties to subordinates in the county government whose work the county manager shall supervise and direct; provided, however, that the delegation or assignment of duties to subordinates shall not relieve the county manager of responsibility for administration of county affairs; (14) To develop or supervise the development of applications for and administer grants such as the Community Development Block Grant, and grants from the Georgia
4304
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Department of Community Affairs, the Environmental Protection Agency, the Georgia Department of Transportation, and any other state or federal granting agencies; (15) To act as liaison between the board of commissioners and the public by responding to inquiries and resolving conflicts; and (16) To perform such other duties as may be prescribed by this Act or other duties as may from time to time be required by the board of commissioners. (f) The county manager, before entering upon the discharge of the duties of county manager, shall execute a bond with a solvent surety company licensed to do business in Upson County in an amount to be approved by the board of commissioners but not less than $50,000.00, payable to Upson County, conditioned for the faithful performance of such officer's duties and to secure against corruption, malfeasance, misappropriation, or unlawful expenditure. The premium on such bond shall be paid for by Upson County. (g) The county manager shall not engage in or be concerned with local partisan politics or any local political campaign. The county manager shall not contribute to any local campaign fund or solicit funds for local political purposes from any other person. The county manager shall not be eligible for election as a member of the Board of Commissioners of Upson County for a period of one year after termination of service as county manager. (h) Except for the purpose of inquiry and investigation, the board of commissioners shall deal with county employees who are subject to appointment and removal by the county manager solely through the county manager and shall not give orders or directions to any such employee, either publicly or privately, directly or indirectly.'
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 2008 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Roads and Revenues for Upson County, approved February 1, 1877 (Ga. L. 1877, p. 3729), as amended, particularly by an Act approved April 56, 1999 (Ga. L. 1999, p. 4388), so as to provide for matters under the exclusive jurisdiction and control of the board of commissioners and for other purposes.
This 24th day of January 2008
Senator George Hooks 14th District
GEORGIA LAWS 2008 SESSION
4305
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George Hooks, who on oath deposes and says that he is the Senator from District 14 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 January 30, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
sf GEORGE HOOKS George Hooks Senator, District 14
Sworn to and subscribed before me, this 13th day of February 2008.
sf DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 13, 2008.
CITY OF YOUNG HARRIS- HOMESTEAD EXEMPTION; CITY TAXES; BASE YEAR; UNREMARRIED SPOUSE; CHILDREN AND GRANDCHILDREN; REFERENDUM.
No. 701 (House Bill No. 936).
AN ACT
To provide for a homestead exemption from City of Young Harris 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 adjusted base year assessed value of such homestead by more than 3 percent; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to allow such exemption to continue to be received by an unremarried surviving spouse or the child, children, grandchild, or grandchildren of the deceased spouse; to provide for applicability; to provide for a
4306
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 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 Young Harris, including, but not limited to, ad valorem taxes to pay interest on and to retire municipal 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 governing authority of the city, or the designee thereof, shall adjust annually the base year assessed value by the lesser of 3 percent or the actual percentage increase in the actual assessed value. (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)( I) Each resident of the City of Young Harris is granted an exemption on that person's homestead from City of Young Harris 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 adjusted base year assessed value of that homestead by more than 3 percent. This exemption shall not apply to taxes assessed on improvements to such homestead or additional land that is added to such homestead after January 1 ofthe base year. If any real property is removed from such homestead, the base year assessed value shall be adjusted to reflect such removal, and the exemption shall be recalculated accordingly. The value of that property in excess of such exempted amount shall remain subject to taxation. (2) The unremarried surviving spouse or the child, children, grandchild, or grandchildren of the deceased spouse who have been granted the exemption provided for in paragraph (I) of this subsection shall continue to receive the exemption provided under paragraph (I) of this subsection so long as that unremarried surviving spouse or child, children, grandchild, or grandchildren of the deceased spouse continue to occupy the home as a residence and homestead. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of Young Harris, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City ofYoung Harris, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such person for such exemption. The governing authority of the City ofYoung Harris, or the designee thereof, shall provide application forms for this purpose.
GEORGIA LAWS 2008 SESSION
4307
(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 person granted the homestead exemption under subsection (b) of this section 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 ofthe City ofYoung Harris, 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, 2009.
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Young Harris 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 Young Harris for approval or rejection. The municipal election superintendent shall conduct the election under this Act on the date of theN ovember, 2008, state-wide general election. The municipal election superintendent shall issue the call and conduct such 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 Towns 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 Young Harris ad valorem taxes for municipal purposes in an amount
( ) NO equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year assessed value of such homestead by more than 3 percent?"
All persons desiring to vote for approval ofthe Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section I ofthis 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 I ofthis Act shall not become effective, and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Young Harris. It shall be
4308
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 2008 session of the General Assembly of Georgia a bill to provide for a homestead exemption from City of Young Harris 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 adjusted base year assessed value of such homestead by more than 3 percent; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to allow such exemption to continue to be received by an unremarried surviving spouse or the child, children, grandchild, or grandchildren of the deceased spouse; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; and for other purposes.
This 5th day of January, 2008
Representative Charles F. Jenkins 8th District
A BILL TO BE ENTITLED AN ACT To provide for a homestead exemption from City of Young Harris 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 adjusted base year assessed value of such homestead by more than 3 percent; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to allow such exemption to continue to be received by an unremarried surviving spouse or the child, children, grandchild, or grandchildren of the deceased spouse; to provide for applicability; to provide for a referendum, effective dates and automatic repeal; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. (a) As used in this Act, the term:
GEORGIA LAWS 2008 SESSION
4309
(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 Young Harris, including, but not limited to, ad valorem taxes to pay interest on and to retire municipal 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 governing authority of the city, or the designee thereof, shall adjust annually the base year assessed value by the lesser of 3 percent or the actual percentage increase in the actual assessed value. (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)( 1) Each resident of the City of Young Harris is granted an exemption on that person's homestead from City ofYoung Harris 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 adjusted base year assessed value of that homestead by more than 3 percent. This exemption shall not apply to taxes assessed on improvements to such homestead or additional land that is added to such homestead after January 1 of the base year. If any real property is removed from such homestead, the base year assessed value shall be adjusted to reflect such removal, and the exemption shall be recalculated accordingly. The value of that property in excess of such exempted amount shall remain subject to taxation. (2) The unremarried surviving spouse or the child, children, grandchild, or grandchildren of the deceased spouse who have been granted the exemption provided for in paragraph (l) of this subsection shall continue to receive the exemption provided under paragraph (I) of this subsection so long as that unremarried surviving spouse or child, children, grandchild, or grandchildren of the deceased spouse continue to occupy the home as a residence and homes tear. (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 Young Harris, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority ofthe City ofYoung Harris, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such person for such exemption. The governing authority of the City ofYoung Harris, 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 under subsection (b) of this section 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
4310
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the governing authority ofthe City of Young Harris, 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) ofthis 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, 2009. SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Young Harris 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 Young Harris for approval or rejection. The municipal election superintendent shall conduct the election under this Act on the date of the November, 2008, state-wide general election. The municipal election superintendent shall issue the call and conduct such 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 Towns 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 Young Harris 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 adjusted base year assessed value of such homestead by more than 3 percent?" 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 ofthe Act, Section I of this Act shall become offull 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 ofthis Act shall not become effective, and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Young Harris. 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.
GEORGIA LAWS 2008 SESSION
4311
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles Jenkins, who on oath deposes and says that he is the Representative from District 8 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Towns County Herald which is the official organ of Towns County on January 10, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ CHARLES JENKINS Charles Jenkins Representative, District 8
Sworn to and subscribed before me, this 14th day of January, 2008.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 14, 2008.
TOWNS COUNTY- HOMESTEAD EXEMPTION; COUNTY TAXES; BASE YEAR; UNREMARRIED SPOUSE; CHILDREN AND GRANDCHILDREN; REFERENDUM.
No. 703 (House Bill No. 934).
AN ACT
To provide for a homestead exemption from Towns 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 by more than 3 percent; to provide for definitions; to specify the terms and conditions ofthe exemption and the procedures relating thereto; to allow such exemption to continue to be received by an unremarried surviving spouse or the child, children, grandchild, or grandchildren of the deceased spouse; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
4312
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) As used in this Act, the term:
(I) "Ad valorem taxes for county purposes" means all ad valorem taxes for county purposes levied by, for, or on behalf of Towns 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 annually the base year assessed value by the lesser of 3 percent or the actual percentage increase in the actual assessed value. (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 Towns County is granted an exemption on that person's homestead from Towns County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the adjusted base year assessed value of the homestead by more than 3 percent. This exemption shall not apply to taxes assessed on improvements to such homestead or additional land that is added to such homestead after January 1 of the base year. If any real property is removed from such homestead, the base year assessed value shall be adjusted to reflect such removal, and the exemption shall be recalculated accordingly. The value of that property in excess of such exempted amount shall remain subject to taxation. (2) The unremarried surviving spouse or the child, children, grandchild, or grandchildren ofthe deceased spouse who have been granted the exemption provided for in paragraph (I) of this subsection shall continue to receive the exemption provided under paragraph (1) of this subsection so long as that unremarried surviving spouse or child, children, grandchild, or grandchildren of the deceased spouse continue to occupy the home as a residence and homestead. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or persons agent files an application with the tax commissioner of Towns County giving such information relative to receiving such exemption as will enable the tax commissioner to make a determination regarding the initial and continuing eligibility of such person for such exemption. The tax commissioner of Towns County shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G .A., as amended. The exemption shall be automatically renewed from year to year so long as the person granted the homestead exemption under subsection (b) of this section 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
GEORGIA LAWS 2008 SESSION
4313
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 Towns County in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county or independent school district ad valorem taxes for educational purposes, or municipal ad valorem taxes for municipal purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to county ad valorem taxes for county purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January I, 2009.
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent ofTowns County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Towns County for approval or rejection. The election superintendent shall conduct the election under this Act on the date of the November, 2008, state-wide general election. The election superintendent shall issue the call and conduct such 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 Towns County. The ballot shall have written or printed thereon the words:
"( ) YES ( ) NO
Shall the Act be approved which provides a homestead exemption from Towns 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 by more
than 3 percent?"
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 ofthe Act, Section I of this Act shall become of full force and effect on January I, 2009. 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 Towns 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.
4314
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 2008 session of the General Assembly of Georgia a bill to provide for a homestead exemption from Towns 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 by more than 3 percent; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to allow such exemption to continue to be received by an unremarried surviving spouse or the child, children, grandchild, or grandchildren of the deceased spouse; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; and for other purposes.
This 5th day of January, 2008.
Representative Charles F. Jenkins 8th District
A BILL TO BE ENTITLED AN ACT To provide for a homestead exemption from Towns 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 by more than 3 percent; to provide for definitions; to specify the terms and conditions ofthe exemption and the procedures relating thereto; to allow such exemption to continue to be received by an unremarried surviving spouse or the child, children, grandchild, or grandchildren of the deceased spouse; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION I. (A) As used in this Act, the term: (I) "Ad valorem taxes for county purposes" means all ad valorem taxes for county purposes levied by, for, or on behalf of Towns 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 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 annually the base year assessed value by the lesser of 3 percent or the actual percentage increase in the actual assessed value.
GEORGIA LAWS 2008 SESSION
4315
(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)(l) Each resident of the Towns County is granted an exemption on that person's homestead from Towns County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the adjusted base year assessed value of the homestead by more than 3 percent. This exemption shall not apply to taxes assessed on improvements to such homestead or additional land that is added to such homestead after January 1 of the base year. If any real property is removed from such homestead, the base year assessed value shall be adjusted to reflect such removal, and the exemption shall be recalculated accordingly. The value ofthat property in excess of such exempted amount shall remain subject to taxation. (2) The unremarried surviving spouse ofthe child, children, grandchild, or grandchildren of the deceased spouse who have been granted the exemption provided for in paragraph (1) of this subsection shall continue to receive the exemption provided under paragraph (1) of this subsection so long as that unremarried surviving spouse or child, children, grandchild, or grandchildren of the deceased spouse continue to occupy the home as a residence and homestead. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the tax commissioner of Towns County giving such information relative to receiving such exemption as will enable the tax commissioner to make a determination regarding the initial and continuing eligibility of such person for such exemption. The tax commissioner of Towns County shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G .A., as amended. The exemption shall be automatically renewed from year to year so long as the person granted the homestead exemption under subsection (b) of this section 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 Towns county in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county or independent school district ad valorem taxes for educational purposes, or municipal ad valorem taxes for municipal purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to the county school district ad valorem taxes for educational purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2009.
4316
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent ofTowns County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Towns County for approval or rejection. The election superintendent shall conduct the election under this Act on the date of the November, 2008, state-wide general election. The election superintendent shall issue the call and conduct such 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 Towns County. The ballot shall have written or printed thereon the words: "( ) YES ( ) NO Shall the Act be approved which provides a homestead exemption from Towns 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 by more than 3 percent?" All persons desiring to vote for approval ofthe Act shall vote "Yes", and all persons desiring to vote for rejection ofthe Act shall vote "No". If more than one-half of the votes easton such question are for approval ofthe 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 ofthis Act shall not become effective, and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Towns 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, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles Jenkins, who on oath deposes and says that he is the Representative from District 8 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Towns County Herald which is the official organ of Towns County on January 10, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ CHARLES JENKINS Charles Jenkins Representative, District 8
GEORGIA LAWS 2008 SESSION
Sworn to and subscribed before me, this 14th day of January, 2008.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 14, 2008.
4317
CITY OF DORAVILLE- HOMESTEAD EXEMPTION; CITY TAXES; SENIOR CITIZENS; FULL VALUE; REFERENDUM.
No. 704 (House Bill No. 493).
AN ACT
To provide for a homestead exemption from City ofDoraville ad valorem taxes for municipal purposes for the full value of the homestead for residents ofthat city 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 municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Doraville, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Senior citizen" means a person who is 70 years of age or over on or before January 1 of the year in which application for the exemption under subsection (b) of this section is made. (b) Each resident of the City of Doraville who is a senior citizen is granted an exemption on that persons homestead from City of Doraville ad valorem taxes for municipal purposes for the full value of that homestead.
4318
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or persons agent files an application with the governing authority of the City of Doraville, 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 Doraville, 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 Doraville, 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) ofthis section to notify the governing authority of the City of Doraville, 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) ofthis section shall be in lieu of and not in addition to any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (t) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January I, 2009.
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent ofthe City ofDoraville 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 Doraville for approval or rejection. The municipal election superintendent shall conduct that election on the Tuesday next following the first Monday in November, 2008, 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 DeKalb 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 Doraville ad valorem taxes for municipal purposes for the full value of
( ) NO the homestead for residents of that city who are 70 years of age or over?''
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full
GEORGIA LAWS 2008 SESSION
4319
force and effect on January I, 2009. 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 Doraville. 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 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 provide a homestead exemption from City of Doraville ad valorem taxes for municipal purposes for resident owners of a homestead in the City and a one hundred percent (I 00%) exemption for those seventy (70) years old and older; to specify the terms and conditions ofthe exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates and automatic repeal; to repeal conflicting laws; and for other purposes.
Hugh R. Powell, Jr. City Attorney City of Doraville 5555 Triangle Parkway Suite 120 Norcross, Georgia 30092 (770) 300-0906
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 February 8, 2007, and that the notice requirements of Code Section 28-1-14 have been met.
4320
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
sf JILL CHAMBERS Jill Chambers Representative, District 81
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 14, 2008.
CITY OF DORAVILLE- CORPORATE LIMITS; REFERENDUM.
No. 723 (House Bill No. 1378).
AN ACT
To amend an Act reincorporating the City of Doraville in the County of DeKalb, approved October 13, 1971 (Ga. L. 1971, Ex. Sess., p. 2154), as amended, so as to change the corporate limits of the city by annexing certain territory; to change the composition of city council districts to accommodate such annexation; to provide for a referendum; to provide for automatic repeal under certain circumstances; 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 reincorporating the City of Doraville in the CountyofDeKalb, approved October 13, 1971 (Ga. L. 1971, Ex. Sess., p. 2154), as amended, is amended by revising the description of the corporate limits of the City of Doraville in Appendix A to read as follows:
APPENDIX A LEGAL DESCRIPTION CORPORATE LIMITS CITY OF DORAVILLE, DEKALB COUNTY, GEORGIA
GEORGIA LAWS 2008 SESSION
4321
All that tract or parcel of land lying and being in 6th and 18th Land Districts of DeKalb County, Georgia, and more particularly described as follows:
Beginning at the intersection of Land Lot Line 334-335 of the 18th Land District ofDeKalb County with the northern right-of-way of Interstate Freeway 285, the aforesaid intersection being a back corner of Lot No.2, Block B in Carver Hills Subdivision; thence proceeding northerly, 701 feet, more or less, along Land Lot Line 334-335 to the common corner of Land Lots 334, 335, 343 and 342; thence easterly, 944 feet, more or less, along Land Lot Line 342-335 to the common back corner of Lot No. 40 in McArthur Estates Subdivision and a tract of land now or formerly known as DeKalb County Tax Parcel No. 18 343 I I, said corner being the intersection of Land Lot Line 335-342 with the centerline of a creek, said creek being tributary to Nancy Creek; thence along the centerline of the aforesaid creek in a generally northwesterly direction, 1,177 feet, more or less, along the back property lines of Lot Number 40 through Lot Number 27 in McArthur Estates Subdivision, said back property lines being common with the eastern property line of a tract ofland now or formerly known as DeKalb County Tax Parcel No. 18 343 1 1, to the common corner of Lot Numbers 27 and 28 in the McArthur Estates Subdivision and a tract ofland now or formerly known as DeKalb County Tax Parcel No. 18 343 1 1; thence northeasterly, 474.8 feet, more or less, along the back property lines of Lot Numbers 25 and 26 in the McArthur Estates Subdivision, said property lines being common with the eastern property line of a tract or parcel ofland now or formerly known as DeKalb County Tax Parcel No. 18 343 I I, to the common property corner of Lot Numbers 24 and 25 in the McArthur Estates Subdivision; thence northwesterly, 130 feet, more or less, to the southeast property corner of Lot Number 1 in Phase 2 of Dunwoody North Subdivision; thence easterly, 667 feet, more or less, along the southerly property lines of Phase 13 of the Dunwoody North Subdivision to a property comer, said comer being the southwestern property corner of the Chateau at Dunwoody Condominiums; thence easterly, 759 feet, more or less, along the southern property line of the Chateau at Dunwoody Condominiums, to a property corner, said corner being the intersection of the southern property line of the Chateau at Dunwoody Condominiums with the centerline ofNancy Creek; thence generally northeasterly, 552 feet, more or less, along the centerline of Nancy Creek to a property corner on the western right-of-way of Tilly Mill Road, said corner being common to tracts ofland now or formerly known as DeKalb County Tax Parcel Nos. 18 342 1 65 and 18 342 I 66; thence northeasterly and perpendicular to the centerline of Tilly Mill Road, 50 feet, more or less, to a point on the existing Doraville City Limit Line within the Tilly Mill Road right-of-way; thence northwesterly, 730 feet, more or less, along the existing Doraville City Limit Line within the right-of-way of Tilly Mill Road to the intersection of the aforesaid Doraville City Limit Line with the extended southern property line of a tract of land now or formerly known as DeKalb County Tax Parcel 18 342 5 4; thence northwesterly, 130 feet, more or less, to the intersection of the existing Doraville City Limit Line with the extended northern property line of a tract of land now or formerly known as DeKalb County Tax Parcel No. 18 342 5 4;
4322
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
thence northwesterly, 240 feet, more or less, along the westerly Tilly Mill Road right-of-way, to a point on Land Lot Line 342-355, said point being the northeastern property comer of at tract or parcel ofland now or formerly known as DeKalb County Tax Parcel No. 18 342 7 18 and Lot I of Phase 13 in the Dunwoody North Subdivision; thence easterly, I ,000 feet, more or less, along Land Lot Line 342-355, to the Land Lot comer common to Land Lots 341, 342, 355 and 356; thence continuing easterly, I ,490 feet, more or less, along Land Lot Line 341-356 to the intersection of Land Lot Line 341-356 with the northern right-of-way line of Peachtree Industrial Boulevard; thence continuing easterly, 131 feet, more or less, along Land Lot Line 341-356 to the point of intersection with the line identified as a control of access established as 50 feet inside of and parallel with the northern right-of-way of Peachtree Industrial Boulevard, said control of access line also being 75 feet northwesterly from and parallel with the center line ofPeachtree Industrial Boulevard; thence northeasterly, I ,350 feet, more or less, along the aforesaid control of access line of Peachtree Industrial Boulevard to the intersection with the boundary between the 6th and 18th Land Districts of DeKalb County; thence continuing northeasterly, 2,000 feet, more or less, along the aforesaid control of access line of Peachtree Industrial Boulevard to the intersection with the boundary ofDeKalb and Gwinnett Counties; said intersect point being in Land Lot 277 of the 6th Land District ofDeKalb County, in the vicinity of the Winters Chapel Road-Peachtree Industrial Boulevard intersection; thence southeasterly, 4,700 feet, more or less, along the boundary of Gwinnett and DeKalb Counties to a point, said point being on Land Lot Line 248-249; thence northeasterly, 30 feet, more or less, along Land Lot Line 248-249, said line also being the boundary of Gwinnett and DeKalb Counties, to a point, said point being the corner common to Land Lots 247,248,249 and 250; thence southeasterly, 590 feet, more or less, along Land Lot Line 247-248 to a point, on the southerly right-of-way of Buford Highway, also known as State Route 23; thence southwesterly, 214 feet, more or less, along the southerly right-of-way of Buford Highway to a point, said point being the intersection of the southern right-of-way of Buford Highway with the boundary of the 18th Land District; thence southeasterly, 800 feet, more or less, along the boundary of the 18th Land District to a point; thence southeasterly, 1,904 feet, more or less, along the easterly boundary of Section 3-B of Oakcliff Estates Subdivision, said line also being the boundary of Gwinnett and DeKalb Counties, to a point, said point being the northwestern property corner of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel No. 18 338 5 66; thence southeasterly, 794 feet, more or Jess, through Section 3, Unit 2 of Oakcliff Estates Subdivision to a point, said point being the northeast property corner of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel No. 18 338 4 9; thence southerly, 230 feet, more or less, along the easterly property line of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel No. 18 338 4 9 to a point, said point being the southeasterly property corner of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel No. 18 338 4 9; thence S 57 00' E, 642 feet, more or less, along the boundary of Gwinnett and DeKalb Counties to a point; thence S 80 40' R, 200 feet, more or less, along the boundary ofGwinnett and DeKalb Counties to a point; thence N 80 50' E,
GEORGIA LAWS 2008 SESSION
4323
496 feet, more or less, along the boundary of Gwinnett and DeKalb Counties to a point; thence S 65 15' E, 446 feet, more or less, along the boundary of Gwinnett and DeKalb Counties to a point; thence S 52 30' E, 1,687 feet, more or less, along the boundary of Gwinnett and DeKalb Counties to a point; thence S 54 10' E, 230 feet, more or less, along the boundary ofGwinnett and DeKalb Counties to a point; thence S 59 30' E, 600 feet, more or less, along the boundary ofGwinnett and DeKalb Counties to a point; thence S 53 30' E, 215 feet, more or less, along the boundary of Gwinnett and DeKalb Counties to a point, said point being on the northerly right-of-way of Interstate Highway 85; thence southeasterly along the centerline of Interstate Highway 85 to a point, said point being the intersection of the northerly right-of-way of Interstate Highway 85 with the northerly right-of-way of Interstate Highway 285, said intersection point being a property comer on a tract or parcel ofland now or formerly known as DeKalb County Tax Parcel No. 18 312 2 25; thence across Interstate Highway 285 to a point on the southerly right-of-way of Interstate Highway 285, said point being the northwest property corner of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel No. 18 295 I 33; thence southwesterly, 477 feet, more or less, along the western property line of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel No. 18 295 I 33 to a point; thence southeasterly, 10 feet, more or less, along the property line of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel No. 18 295 I 33 to a point; thence southwesterly, 470 feet, more or less, along the western property line of tracts or parcels of!and now or formerly known as DeKalb County Tax Parcel Nos. 18 295 1 33 and 18 295 I 34 to a point, said point being the beginning of a curve to the southeast on DeKalb Technology Parkway; thence following the aforesaid curve, 202 feet, more or less, to a point on the northerly right-of-way of DeKalb Technology Parkway; thence southeast, 61 feet, more or less, along the right-of-way of DeKalb Technology Parkway to a point, said point being on the southerly right-of-way of a Georgia Power Company Transmission Line; thence across DeKalb Technology Parkway to a point, said point being the northeast property comer of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel No. 18 295 1 26; thence southwesterly, 168 feet, more or less, along the northern property line of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel No. 18 295 I 26 to a point, said point being the southeastern property corner of a tract or parcel now or formerly known as DeKalb County Tax Parcel No. 18 295 1 32; thence westerly, 700 feet, more or less, along the northern property line of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel No. 18 295 1 18 to a point, said point being the northwestern property corner of the aforesaid parcel; thence southeasterly, 352 feet, more or less, along the western property line of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel No. 18 295 1 18 to a point, said point being a property corner of the aforesaid parcel; thence southeasterly, 164 feet, more or less, along the western property line of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel No. 18 295 1 18 to a point, said point being a property corner of the aforesaid parcel; thence southeasterly, 38 feet, more or less, along the western property line of a tract or parcel of land now or formerly known as
4324
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
DeKalb County Tax Parcel No. 18 295 1 18 to a point, said point being a property comer of the aforesaid parcel and on the southerly right-of-way of a Georgia Power Company Transmission Line; thence southeasterly, 155 feet, more or less, along the western property line of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel No. 18 295 1 18 to a point, said point being a property comer of the aforesaid parcel; thence southeasterly, 180 feet, more or less, along the western property line of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel No. 18 295 1 18 to a point, said point being on the northerly right-of-way of DeKalb Technology Parkway; thence across DeKalb Technology Parkway perpendicular to the centerline of aforesaid DeKalb Technology Parkway to a point, said point being on the northerly right-of-way of Interstate Highway 85; thence southwesterly along the northerly right-of-way oflnterstate Highway 85 to a point, said point being the intersection of the northerly right-of-way of Interstate Highway 85 with the northeasterly right-of-way of Chamblee Tucker Road; thence northwesterly, 4,211 feet, more or less, along the northeasterly right-of-way of Chamblee Tucker Road to a point, said point being the intersection of the aforesaid right-of-way with the right-of-way ofShallowford Road north ofChamblee Tucker Road; thence northwesterly, 3,150 feet, more or less, along the easterly right-of-way of Shallowford Road to a point, said point being the intersection of the aforesaid right-of-way with the extended property line common to tracts or parcels of land now or formerly known as DeKalb County Tax Parcel Nos. 18 310 2 7, 18 310 2 4 and 18 310 2 14; thence northwesterly, 1,043 feet, more or less, along the aforesaid extended common property line to a point on the southerly right-of-way of New Peachtree Road, said point being the northwest property corner of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel No. 18 310 2 7; thence northwesterly across New Peachtree Road to a point on the northerly right-of-way of New Peachtree Road, said point being the southeastern property corner of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel No. 18 310 5 30; thence northwesterly, 233 feet, more or less, along the easterly property line and its extension of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel No. 18 310 5 30 to a point on the southerly right-of-way of MARTA; thence easterly, 405 feet, more or less, to a point on Land Lot Line 309-31 0; thence northerly, 1,707 feet, more or less, along Land Lot Line 309-310 to a point, said point being the common comer of Land Lots 309,310,322 and 323; thence northerly, 2,970 feet, more or less, along Land Lot Line 322-323 to a point, said point being the common comer of Land Lots 322, 323, 334 and 335; thence northerly, 180 feet, more or less, along Land Lot Line 334-335 to a point, said point being on the northerly right-of-way of Carver Drive and the southeastern property corner of a tract or parcel of land now or formerly known as DeKalb County Tax Parcel No. 18 334 1 168; thence southwesterly, 181 feet, more or less, along the northerly right-of-way of Carver Drive to a point, said point being the intersection ofthe aforesaid northerly right-of-way with the easterly right-of-way of Parsons Drive, said drive having a 50 foot right-of-way width; thence northwesterly, 416 feet, more or less, along the easterly right-of-way ofParsons Drive to a point, said point being the northwestern property corner of a tract or parcel of land now
GEORGIA LAWS 2008 SESSION
4325
or formerly known as DeKalb County Tax Parcel No. 18 334 I 168; thence northeasterly, 157 feet, more or less, along the common property line of tracts or parcels of land now or formerly known as DeKalb County Tax Parcel Nos. 18 334 1 168 and 18 334 1 142 to a point, said point being the property corner common to tracts or parcels of land now or formerly known as DeKalb County Tax Parcel Nos. 18 334 1 168, 18 334 1 142 and 18 334 1 136; thence easterly, 201 feet, more or less, along the common property line of tracts or parcels of land now or formerly known as DeKalb County Tax Parcel Nos. 18 334 1 136 and 18 334 1 168 to a point, said point being on Land Lot Line 334-335; thence northerly, 1,855 feet, more or less, along Land Lot Line 334-335, crossing Interstate Highway 285 to a point, said point being the intersection of the aforesaid Land Lot Line 334-335 with the northerly right-of-way of Interstate Highway 285 and the point of beginning.'
SECTION 2. Said Act is further amended by revising the descriptions of Districts One, Two, and Three in Section 5.08 which read as follows: 'District One shall consist of all that part of the city lying north and west of the Southern Railroad Main Line.
District Two shall consist of all the part of the city lying south and east of the Buford Highway, and south of Interstate Highway 1-285.
District Three shall consist of all that part of the city lying south and east of the Southern Railroad Main Line between the Southern Railroad Main Line and the Buford Highway, and all of that part of the city lying east of the Buford Highway and North oflnterstate Highway 1-285.'
and inserting in its place the following:
'DISTRICT 1 LIMITS CITY OF DORAVILLE, DEKALB COUNTY, GEORGIA
All that tract or parcel of land lying and being in 6th and 18th Land Districts of DeKalb County, Georgia, and more particularly described as follows:
Beginning at the intersection of Land Lot Line 334-335 of the 18th Land District ofDeKalb County with the centerline of Interstate Highway 285; thence proceeding generally in a clockwise northeasterly direction along the City Limit ofthe City of Doraville to a point, said point being the intersection of the City Limit Line parallel to Peachtree Industrial Boulevard with the common boundary ofDeKalb and Gwinnett counties; thence generally southeasterly along the common boundary of DeKalb and Gwinnett counties to the intersection of the
4326
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
aforesaid county boundary with the centerline of Buford Highway; thence generally southwesterly along the centerline of Buford Highway to the intersection of the centerline of Buford Highway with the centerline of Interstate Highway 285; thence generally northwesterly along the centerline of Interstate Highway 285 to the intersection of the centerline oflnterstate Highway 285 with Land Lot Line 334-335, said intersection being the point of beginning.
DISTRICT 2 LIMITS CITY OF DORAVILLE, DEKALB COUNTY, GEORGIA
All that tract or parcel of land lying and being in 18th Land District of DeKalb County, Georgia, and more particularly described as follows:
Beginning at the intersection of Land Lot Line 334-335 of the 18th Land District ofDeKalb County with the centerline of Interstate Highway 285; thence proceeding generally in a clockwise southeasterly direction along the centerline of Interstate Highway 285 to a point, said point being the intersection of the centerline of Interstate Highway 285 with the easterly City Limit Line of the City of Doraville which lies near the intersection of Interstate Highways 285 and 85; thence generally southwesterly along the City Limit of the City of Doraville to a point, said point, said point being the intersection of the aforesaid City Limit Line with the northerly right-of-way of Chamblee Tucker Road; thence generally northwesterly along the common City Limit Line of the cities of Chamblee and Doraville to a point, said point being the intersection of the aforesaid City Limit Line with Land Lot Line 309-31 0; thence generally northerly along the City Limit Line of the City of Doraville to a point, said point being the intersection of Land Lot Line 334-335 with the centerline of Interstate Highway 285 and the point of beginning.
DISTRICT 3 LIMITS CITY OF DORAVILLE, DEKALB COUNTY, GEORGIA
All that tract or parcel of land lying and being in 6th and 18th Land Districts of DeKalb County, Georgia, and more particularly described as follows:
Beginning at the intersection of the common boundary of DeKalb and Gwinnett counties with the centerline of Buford Highway; thence proceeding generally in a clockwise southeasterly direction along the common boundary of DeKalb and Gwinnett counties and City Limit Line of the City of Doraville to a point, said point being the intersection of the aforesaid common county boundary with the northerly right-of-way of Interstate Highway 85; thence generally southeasterly along the northerly right-of-way of Interstate Highway and City Limit Line of the City of Doraville to the intersection of the aforesaid northerly right-of-way and city limit with the centerline oflnterstate Highway 285; thence
GEORGIA LAWS 2008 SESSION
4327
generally northwesterly along the centerline oflnterstate Highway 285 to the intersection of the centerline of Interstate Highway 285 with the centerline of Buford Highway; thence generally northeasterly along the centerline of Buford Highway to the intersection of the centerline of Buford Highway with the common boundary ofDeKalb and Gwinnett counties and City Limit Line of the City of Doraville, said intersection being the point of beginning.'
SECTION 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of DeKalb County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of DeKalb County who reside in the area proposed to be annexed into the City of Doraville pursuant to Section I of this Act for approval or rejection. 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 Shall the Act be approved which annexes certain territory into the corporate ( ) NO limits of the City of Doraville and which changes the city council districts accordingly?"
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 total 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 December 31,2008. 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 Doraville. 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 ofthis 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 2008 session of the General Assembly of Georgia a bill to amend an Act reincorporating the City of Doraville in the
4328
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
County ofDeKalb approved October 13, 1971 (Ga. L. 1971, Ex. Sess. p. 2154), as amended, and for other purposes.
This 21st day of February, 2008.
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 February 28, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
sf JILL CHAMBERS Jill Chambers Representative, District 81
Sworn to and subscribed before me, this 29th day of February 2008.
sf DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 14, 2008.
MCPHERSON IMPLEMENTING LOCAL REDEVELOPMENT AUTHORITY -CREATE.
No. 724 (House Bill No. 817).
AN ACT
To create the McPherson Implementing Local Redevelopment Authority; to provide for a short title; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, organization,
GEORGIA LAWS 2008 SESSION
4329
meetings, and expenses; to prohibit authority employees and members from having certain interests; to provide for definitions; to provide for revenue bonds and their form, signatures thereon, negotiability, sale, and use of proceeds from such sales; to provide for interim documents and for lost or mutilated documents; to provide for conditions for issuance; to prohibit the pledge of credit for the payment of bonds; to provide for trust indentures and a sinking fund; to provide for payment of bond proceeds; to provide for bondholder remedies and protection; to provide for refunding bonds; to provide for bond validation; to provide for venue and jurisdiction; to provide for trust funds; to provide for authority purpose; to provide for charges; to provide for rules and regulations; to provide for tort immunity; to provide for tax exemptions; to provide for supplemental powers; to provide for effect on other governments; to provide for liberal construction; to provide for effective dates; 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 "McPherson Implementing Local Redevelopment Authority Act."
SECTION 2. Definitions.
(a) As used in this Act, the term: (1) "Authority" or "redevelopment authority" means the McPherson Implementing Local Redevelopment Authority created by this Act. (2) "Cost of the project" means and embraces the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all 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 agent, and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing authorized in this Act; the cost ofthe acquisition or construction of any project; and the cost of placing any project 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 ofthe proceeds of revenue bonds issued under the provisions of this Act for such project. (3) "Economic development conveyance" has the same meaning as provided in 32 C.F.R. 174.9(a). (4) "Project" includes:
4330
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(A) The land and any one or more buildings or structures located in or on the land (the real property) formerly occupied by Fort McPherson and the real property adjacent thereto to be used in education, parks and recreation, transportation, health care, research, housing, commerce, or the production, manufacturing, processing, assembling, storing, or handling of any agricultural, manufactured, mining, or industrial product or any combination of the foregoing or similar uses, in every case with all necessary or useful furnishings, machinery, equipment, parking facilities, landscaping, and facilities for outdoor storage, all as determined by the authority, which determination shall be final and not subject to review; and there may be included as part of any such project all improvements necessary to the full utilization thereof, including site preparation, roads and streets, sidewalks, water supply, outdoor lighting, belt line railroad sidings and lead tracks, bridges, causeways, terminals for railroad and automotive transportation, and transportation facilities incidental to the project; (B) The acquisition, construction, leasing, or equipping ofnew industrial facilities or the improvement, modification, acquisition, expansion, modernization, leasing, equipping, or remodeling of existing industrial or governmental facilities located or to be located in or on the property formerly occupied by Fort McPherson and the properties adjacent thereto; (C) The acquisition, construction, improvement, or modification of any property, real or personal, which any industrial concern might desire to use, acquire, or lease in connection with the operation of any plant or facility located or to be located in or on the property formerly occupied by Fort McPherson and the properties adjacent thereto; and (D) The acquisition and development ofland in or on the property formerly occupied by Fort McPherson as the site for an educational facility, historical preservation site, commercial enterprise, entertainment facility, park or recreational facility, industrial park, transportation facility, health care facility, research facility, residential project, or similar uses, provided that, for purposes of this subparagraph, the term "development of land" includes the provision of water, sewage, drainage, or similar facilities or transportation, power, or communication facilities which are incidental to use of the site as an educational facility, historical preservation site, commercial enterprise, entertainment facility, park or recreational facility, industrial park, transportation facility, health care facility, research facility, residential project, or similar use but, except with respect to such facilities, does not include the provision of structures or buildings. (5) "Revenue bonds" or "bonds" means revenue bonds as defined and provided for in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," and such type of obligations may be issued by the authority as authorized under said Revenue Bond Law and any amendments thereto and, in addition, shall also mean obligations of the authority, the issuance of which are hereinafter specifically provided for in this Act. (b) Any project shall be deemed "self-liquidating" if, in the judgment of the authority, the revenues and earnings to be derived by the authority therefrom and all facilities used in connection therewith will be sufficient to pay the costs of operating, maintaining, repairing,
GEORGIA LAWS 2008 SESSION
4331
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 3. McPherson Implementing Local Redevelopment Authority.
(a) There is created a body corporate and politic, to be known as the "McPherson Implementing Local Redevelopment 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 bring and defend actions in all courts. The authority shall have perpetual existence. (b) The authority shall consist of not less than II nor more than 15 members, the majority of whom shall come from the City of Atlanta. In addition, the Governor shall select a voting member to represent the State of Georgia. With the exception of the member selected by the Governor to represent the State of Georgia, the members shall be appointed by the Governor from a list of nominees submitted by the governing authorities of any county and the mayor of any municipality in which Fort McPherson is located and the mayor of any municipality which abuts Fort McPherson. Persons so appointed shall serve for initial terms of office which shall expire on December 31 of the fourth year after their appointment. After the initial terms of office, members of the authority shall serve for terms of office of four years each. Members of the authority shall serve for their respective terms of office specified in this subsection and until their respective successors are appointed and qualified. Any member of the authority may be appointed to succeed himself or herself. After such appointment, the members of such authority shall enter upon their duties. Any vacancy on the authority shall be filled in the same manner as was the original appointment of the member whose term of membership resulted in such vacancy, except that if a nomination of a person to fill a vacancy in membership is not submitted to the Governor within 30 days after the vacancy occurs, the vacancy shall be filled by an appointment made by the Governor without the necessity of a nomination from the affected area. A person appointed to fill a vacancy shall serve for the remainder of the unexpired term and until the appointment and qualification of a successor. The members of the authority shall be reimbursed, upon submission of sworn vouchers, for all actual expenses incurred in the performance of their duties out of funds of the authority but shall receive no further compensation. The authority shall make rules and regulations for its own government. (c) To be eligible for appointment as a member of the authority, a person shall be at least 21 years of age and shall not have been convicted of a felony. (d) The Governor shall select one of the members of the authority to serve as chairperson. Also, the members of the authority shall elect one of their number as vice chairperson, shall elect one of their number as secretary, and may elect one of their number as treasurer. The secretary may also serve as treasurer. Each of such officers shall serve for a period of two
4332
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
years and until their successors are duly elected and qualified. The chairperson of the authority shall be entitled to vote upon any issue, motion, or resolution. (e) In addition to the members set forth in subsection (b) of this section, there shall be ex officio members who shall be as follows:
(1) One member appointed by the members of the Senate whose districts include all or a portion of Fort McPherson and one member appointed by the members of the House of Representatives whose districts include all or a portion of Fort McPherson; (2) The commissioner of the Department of Economic Development or his or her designee; (3) The commissioner of the Department of Community Affairs or his or her designee; (4) The commissioner of the Department of Natural Resources or his or her designee; (5) The commissioner of the Department of Transportation or his or her designee; (6) The Commissioner of Labor or his or her designee; (7) The chancellor of the University System of Georgia or his or her designee; and (8) One member appointed by the members of the Atlanta City Council whose districts include all or a portion of Fort McPherson. Such ex officio members shall have all of the rights and duties as other members of the redevelopment authority except that they shall not have the right to vote on any matter. (f) The redevelopment authority may create the following subcommittees: health care, education, infrastructure, labor, real estate, economic development, housing and homelessness, environment, and quality of life and others as deemed appropriate. The redevelopment authority may appoint as members of the subcommittees such individuals from the community as the authority deems appropriate and such members do not have to be members of the authority. The subcommittees shall serve in an advisory capacity to the redevelopment authority. The chairperson of the authority shall choose from among the members of each subcommittee a person to serve as chairperson of that subcommittee. The chairpersons of the subcommittees shall serve two-year terms and shall be eligible for reappointment. (g) A majority of the members of the authority, excluding ex officio members, 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) A vacancy on the authority shall exist in the office of any member of the authority who is convicted of a felony or who enters a plea of nolo contendere thereto; who is convicted of a crime involving moral turpitude or who enters a plea of nolo contendere thereto; who is convicted of any act of misfeasance, malfeasance, or nonfeasance of such person's duties as a member of the authority; or who fails to attend three consecutive regular meetings of the authority without an excuse approved by a resolution of the authority. (i) All meetings of the authority, regular or special, shall be open to the public. (j) No member or employee of the authority shall have, directly or indirectly, any financial interest, profit, or benefit in any contract, work, or business of the authority nor in the sale, lease, or purchase of any property to or from the authority.
GEORGIA LAWS 2008 SESSION
SECTION 4. Purpose of the authority.
4333
Without limiting the generality of any provision of this Act, the general purpose of the authority is declared to be that of executing and administering the reuse plan for the property formerly occupied by Fort McPherson, executing economic development conveyances for such property, and acquiring, constructing, equipping, maintaining, and operating projects in or on the property formerly occupied by Fort McPherson resulting from the closure or realignment of Fort McPherson so as to ameliorate the impact of such closure or realignment on the communities and citizens of the surrounding area; extending and improving such projects; acquiring the necessary property therefor, both real and personal, with the right to contract for the use of or to lease or sell any or all of such facilities, including real property, to any persons, firms, or corporations, whether public or private, if in the sole judgment of the authority such use, lease, or sale supports the general purposes of the authority; and doing all things deemed by the authority necessary, convenient, and desirable for and incident to the efficient and proper development and operation of such type of undertakings.
SECTION 5. Powers of the authority.
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, including acquisition of land from the federal government, and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes and to plan, acquire, establish, develop, construct, enlarge, improve, maintain, equip, and lease all projects which shall come under the control of the authority under the provisions of this Act or which it may acquire or plan to acquire; to regulate, protect, and police such projects and all related activities and facilities; to enter into any contracts, leases, or other agreements, promulgate any orders, and set any tolls, fees, or other charges for the use of property or services of the authority and collect and use the same as necessary to operate the projects under control of the authority; and to accomplish any of the purposes of this Act and make any purchases or sales necessary for such 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 such property, or dispose ofthe same in any manner it deems to be to the best advantage of the authority;
4334
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(4) To appoint, select, and employ officers, agents, and employees, including real estate, environmental, engineering, architectural, and construction experts, fiscal agents, and attorneys, and to fix their respective compensations; (5) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be constructed, erected, or acquired. Any and all persons, firms, and corporations and any and all political subdivisions, departments, institutions, or agencies of the state and federal government are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable; and, without limiting the generality of the foregoing, authority is specifically granted to municipal corporations, counties, and other political subdivisions and to the authority to enter into contracts, lease agreements, or other undertakings with each other relating to projects ofthe authority for a term not exceeding 50 years. Likewise, without limiting the generality of the above and foregoing, the same authority above granted to municipal corporations, counties, political subdivisions, and to the authority relative to entering into contracts, lease agreements, or other undertakings is authorized between the authority and private corporations, both inside and outside this state, and between the authority and public bodies, including counties and cities outside this state and the federal government; (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 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 and grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may require; (8) To accept loans and grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may require; (9) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose and to provide for the payment of the same and for the rights of the holders thereof; (10) To exercise any power usually possessed by private corporations performing similar functions, including the power to make short-term loans and approve, execute, and deliver appropriate evidence of such indebtedness, provided that no such power is in conflict with the Constitution or general laws of this state; (II) To encourage and facilitate job training and housing rehabilitation programs for residents surrounding Fort McPherson; and
GEORGIA LAWS 2008 SESSION
4335
(12) To do all things necessary or convenient to carry out the powers expressly given in this Act.
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, 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 herein defined of any one or more projects. The principal of and interest on such revenue bonds shall be payable solely from the special fund provided in this Act for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates per annum, payable at such time or times, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by 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 ofbonds.
SECTION 7. Revenue bonds; 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 the state. The bonds may be issued in coupon or registered form, or both, as the authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest.
SECTION 8. Revenue bonds; signatures; seal.
In case any officer whose signature shall appear on any bond or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. All such bonds shall be signed by the chairperson of the authority and the official seal of the authority shall be affixed thereto and attested by the secretary of the authority and any coupons attached thereto shall bear the facsimile signatures of the chairperson and the secretary of the authority. Any coupon may bear the facsimile signatures of such persons and any bond may be signed, sealed, and attested on behalf of the authority by such persons as at the actual time of the execution of
4336
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 9. Revenue bonds; negotiability; exemption from taxation.
All revenue bonds issued under the provisions ofthis Act shall have and are declared to have all the qualities and incidents of negotiable instruments under the Jaws of this state. Such bonds, their transfer, and the income therefrom shall be exempt from all taxation within this state.
SECTION 10. Revenue bonds; sale; price; proceeds.
The authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the authority. The proceeds derived from the sale of such bonds shall be used solely for the purpose or purposes provided in the resolutions and proceedings authorizing the issuance of such bonds.
SECTION 11. Revenue bonds; interim receipts and certificates or temporary bonds.
Prior to the preparation of any definitive bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter.
SECTION 12. Revenue bonds; replacement of lost or mutilated bonds.
The authority may provide for the replacement of any bonds or coupons which shall become mutilated or be destroyed or lost.
SECTION 13. Revenue bonds; conditions precedent to issuance.
Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions, and things which are specified or required by this Act. In the discretion 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
GEORGIA LAWS 2008 SESSION
4337
may be passed at any regular or special meeting of the authority by a majority of its members.
SECTION 14. Credit not pledged.
Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the State of Georgia or any county or municipality nor a pledge of the faith and credit of the State of Georgia or any county or municipality; but such bonds shall be payable solely from the fund hereinafter provided for and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the State of Georgia or any county or municipality to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. All such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section.
SECTION 15. Trust indenture as security.
In the discretion of the authority, any issuance of such revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company inside or outside the state. Such trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property, the construction 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 of the 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 ofthe 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
4338
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 16. To whom proceeds of bonds shall be paid.
In the resolution providing for the issuance of revenue bonds or in the trust indenture, the authority shall provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes of this Act, subject to such regulations as this Act and such resolution or trust indenture may provide.
SECTION 17. Sinking fund.
The revenues, fees, tolls, and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment ofthe principal and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or the trust instrument may provide. Such funds so pledged from whatever source received, including funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund which shall be pledged to and charged with the payment of:
(1) The interest upon such revenue bonds as such interest shall fall due; (2) The principal of the bonds as the same shall fall due; (3) The necessary charges of paying agents for paying principal and interest and other investment charges; (4) Any premium upon bonds retired by call or purchase as provided in this Act; and (5) Any investment fees or charges. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance 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 ofthe resolution authorizing the issuance of the bonds or the trust indenture, any surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds, and any such bonds so purchased or redeemed shall forthwith be canceled and shall not again be issued.
GEORGIA LAWS 2008 SESSION
SECTION 18. Remedies of bondholders.
4339
Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto and the trustee under the trust indenture, if any, except to the extent the rights given in this Act may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of this state or granted under this Act or under such resolution or trust indenture and may enforce and 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 19. Refunding bonds.
The authority is authorized to provide by resolution for the issuance of bonds ofthe authority for the purpose of funding or refunding any revenue bonds issued under the provisions ofthis 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 authority in respect to the same shall be governed by the foregoing provisions of this Act insofar as the same may be applicable.
SECTION 20. Validation.
Bonds of the authority shall be confirmed and validated in accordance with the procedures 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 which has contracted with the authority for the services and facilities of the project for which bonds are to be issued and sought to be validated, and the state or such municipality, county, authority, political subdivision, or instrumentality shall be required to show cause, if any exists, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the contract or contracts adjudicated as a part of the basis for the security for the payment of any such bonds of the authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such bonds, and the security for the payment thereof and interest thereon and against the authority issuing the same and the state and any municipality, county, authority, political
4340
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
subdivision, or instrumentality, if a party to the validation proceedings, contracting with the redevelopment authority.
SECTION 21. 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 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 22. Interest of bondholders protected.
While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of said authority or its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds. No other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interest and rights of the holders of such bonds, nor will the state itself so compete with the authority. The provisions of this Act shall be for the benefit of the authority and the holders of any such bonds, and, upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds.
SECTION 23. 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 24. Rates, charges, and revenues; use.
The authority is authorized to prescribe and fix rates and to revise the same from time to time and to collect fees, tolls, and charges for the services, facilities, and commodities furnished and, in anticipation of the collection of the revenues of such undertaking or project, to issue revenue bonds as herein provided to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment, or extension of any project and to pledge to the punctual payment of said bonds and interest thereon, all or any part of the
GEORGIA LAWS 2008 SESSION
4341
revenues of such undertaking or project, including the revenues of improvements, betterments, or extensions thereto thereafter made.
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 under the provisions of this Act.
SECTION 26. Tort immunity.
The authority shall have the same immunity and exemption from liability for torts and negligence as other counties and municipalities in this state; and the officers, agents, and employees of the authority, when in the performance of the work of the authority, shall have the same immunity and exemption from liability for torts and negligence as officers, agents, and employees of other counties and municipalities in this state when in the performance of their public duties or work of such political subdivisions.
SECTION 27. Tax exemption.
It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purpose is in all respects for the benefit of the people of this state and that the authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this Act, and this state covenants with the holders of the bonds that the authority shall not be required to pay any taxes or assessments upon any of the property acquired or leased by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation or maintenance of the projects erected by it or any rates, fees, tolls, or other charges for the use of such projects or other income received by the authority, and that the bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within this state. The exemption from taxation provided for in this section shall not extend to tenants or lessees of the authority and shall not include exemptions from sales and use taxes on property purchased by the authority or for use by the authority.
SECTION 28. Powers declared supplemental and additional.
The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized by this Act, shall be regarded as supplemental
4342
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing.
SECTION 29. Effect on other governments.
(a) This Act shall not and does not in any way take from any county or municipality the authority to own, operate, and maintain projects or to issue revenue bonds as is provided by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law." (b) This Act provides the exclusive means by which any economic development conveyance may be made with regard to Fort McPherson.
SECTION 30. Liberal construction of Act.
This Act being for the welfare ofvarious political subdivisions ofthe state and its inhabitants shall be liberally construed to effect the purposes of this Act.
SECTION 31. Effective date.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. However, the McPherson Implementing Local Redevelopment Authority shall not be appointed nor take any action whatsoever until the Governor issues an executive order finding that a need for the authority exists with regard to the closure or realignment of Fort McPherson.
SECTION 32. 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 create the McPherson Implementing Local Redevelopment Authority; to provide for a short title; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, organization, meetings, and expenses; to prohibit authority employees and members from having certain interests; to provide for definitions; to provide for revenue bonds and their
GEORGIA LAWS 2008 SESSION
4343
form, signatures thereon, negotiability, sale, and use of proceeds from such sales; to provide for interim documents and for lost or mutilated documents; to provide for conditions for issuance; to prohibit the pledge of credit for the payment of bonds; to provide for trust indentures and a sinking fund; to provide for payment of bond proceeds; to provide for bondholder remedies and protection; to provide for refunding bonds; to provide for bond validation; to provide for venue and jurisdiction; to provide for trust funds; to provide for authority purpose; to provide for charges; to provide for rules and regulations; to provide for tort immunity; to provide for tax exemptions; to provide for supplemental powers; to provide for effect on other governments; to provide for liberal construction; 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, Bob Holmes, who on oath deposes and says that he is the Representative from District 61 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/ BOB HOLMES Bob Holmes Representative, District 61
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 14, 2008.
4344
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
TOWNS COUNTY- HOMESTEAD EXEMPTION; SCHOOL TAXES; BASE YEAR; UNREMARRIED SPOUSE; CHILDREN AND GRANDCHILDREN; REFERENDUM.
No. 733 (House Bill No. 933).
AN ACT
To provide for a homestead exemption from Towns 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 by more than 3 percent; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to allow such exemption to continue to be received by an unremarried surviving spouse or the child, children, grandchild, or grandchildren of the deceased spouse; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) As used in this Act, the term:
(I) "Ad valorem taxes for educational purposes" means all ad valorem taxes for educational purposes levied by, for, or on behalf of the Towns County school district, including, but not limited to, any ad valorem taxes to pay interest on and to retire county school district bonded indebtedness. (2) "Base year" means the taxable year immediately preceding the taxable year in which the exemption under this Act is first granted to the most recent owner of such homestead; provided, however, that the tax commissioner shall adjust annually the base year assessed value by the lesser of 3 percent or the actual percentage increase in the actual assessed value. (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 Towns County school district is granted an exemption on that person's homestead from Towns County school district ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value ofthat homestead exceeds the adjusted base year assessed value of the homestead by more than 3 percent. This exemption shall not apply to taxes assessed on improvements to such homestead or additional land that is added to such homestead after January I of the base year. If any real property is removed from such homestead, the base year assessed value
GEORGIA LAWS 2008 SESSION
4345
shall be adjusted to reflect such removal, and the exemption shall be recalculated accordingly. The value of that property in excess of such exempted amount shall remain subject to taxation. (2) The unremarried surviving spouse or the child, children, grandchild, or grandchildren ofthe deceased spouse who have been granted the exemption provided for in paragraph (1) of this subsection shall continue to receive the exemption provided under paragraph (1) of this subsection so long as that unremarried surviving spouse or child, children, grandchild, or grandchildren of the deceased spouse continue to occupy the home as a residence and homestead. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the tax commissioner of Towns County giving such information relative to receiving such exemption as will enable the tax commissioner to make a determination regarding the initial and continuing eligibility of such person for such exemption. The tax commissioner of Towns County shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G .A., as amended. The exemption shall be automatically renewed from year to year so long as the person granted the homestead exemption under subsection (b) of this section 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 Towns County in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, municipal ad valorem taxes for municipal purposes, or independent school district taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to county school district ad valorem taxes for educational purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2009.
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent ofTowns County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Towns County school district for approval or rejection. The election superintendent shall conduct that election on a practicable the election under this Act on the date of the November, 2008, state-wide general election. The election superintendent shall issue the call and conduct such election as provided by general law. The election superintendent shall cause the date and purpose of the election to
4346
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
be published once a week for two weeks immediately preceding the date thereof in the official organ of Towns County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which provides a homestead exemption from Towns County school district ad valorem taxes for educational purposes in
( ) NO 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 by more than 3 percent?"
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 ofthe Act, Section I ofthis Act shall become offull force and effect on January I, 2009. If the Act is not so approved or if the election is not conducted as provided in this section, Section I ofthis Act shall not become effective, and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Towns 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 2008 session of the General Assembly ofGeorgia a bill to provide for a homestead exemption from Towns 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 by more than 3 percent; to provide for definitions; to specify the terms and conditions ofthe exemption and the procedures relating thereto; to allow such exemption to continue to be received by an unremarried surviving spouse of the child, children, grandchild, or grandchildren of the deceased spouse; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; and for other purposes.
This 5th day of January, 2008.
Representative Charles F. Jenkins 8th District
GEORGIA LAWS 2008 SESSION
4347
A BILL TO BE ENTITLED AN ACT To provide for a homestead exemption from Towns 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 by more than 3 percent; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to allow such exemption to continue to be received by an unremarried surviving spouse or the child, children, grandchild, or grandchildren of the deceased spouse; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION I. (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 Towns County school district, including, but not limited to, any ad valorem taxes to pay interest on and to retire county school district bonded indebtedness. (2) "Base year" means the taxable year immediately preceding the taxable year in which the exemption under this Act is first granted to the most recent owner of such homestead; provided, however, that the tax commissioner shall adjust annually the base year assessed value by the lesser of 3 percent or the actual percentage increase in the actual assessed value. (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 Towns County school district is granted an exemption on that person's homestead from Towns County school district ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the adjusted base year assessed value of the homestead by more than 3 percent. This exemption shall not apply to taxes assessed on improvements to such homestead or additional land that is added to such homestead after January I of the base year. If any real property is removed from such homestead, the base year assessed value shall be adjusted to reflect such removal, and the exemption shall be recalculated accordingly. The value of that property in excess of such exempted amount shall remain subject to taxation. (2) The unremarried surviving spouse or the child, children, grandchild, or grandchildren of the deceased spouse who have been granted the exemption provided for in paragraph (1) of this subsection shall continue to receive the exemption provided under paragraph (1) of this subsection so long as that unremarried surviving spouse or child, children, grandchild, or grandchildren of the deceased spouse continue to occupy the home as a residence and homestead.
4348
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the tax commissioner of Towns County giving such information relative to receiving such exemption as will enable the tax commissioner to make a determination regarding the initial and continuing eligibility of such person for such exemption. The tax commissioner of Towns County shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G .A., as amended. The exemption shall be automatically renewed from year to year so long as the person granted the homestead exemption under subsection (b) of this section 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 Towns County in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, municipal ad valorem taxes for municipal purposes, or independent school district taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to county school district ad valorem taxes for educational purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2009. SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent ofTowns County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Towns County school district for approval or rejection. The election superintendent shall conduct that election on a practicable the election under this Act on the date of the November, 2008, state-wide general election. The election superintendent shall issue the call and conduct such 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 Towns County. The ballot shall have written or printed thereon the words: "( ) YES ( ) NO Shall the Act be approved which provides a homestead exemption from Towns 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 by more than 3 percent?" 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." 1fmore 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
GEORGIA LAWS 2008 SESSION
4349
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 Towns 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, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles Jenkins, who on oath deposes and says that he is the Representative from District 8 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Towns County Herald which is the official organ of Towns County on January 10, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ CHARLES JENKINS Charles Jenkins Representative, District 8
Sworn to and subscribed before me, this 14th day of January, 2008.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 14, 2008.
4350
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF HIAWASSEE- HOMESTEAD EXEMPTION; CITY TAXES; BASE YEAR; UNREMARRIED SPOUSE; CHILDREN AND GRANDCHILDREN; REFERENDUM.
No. 734 (House Bill No. 935).
AN ACT
To provide for a homestead exemption from City of Hiawassee 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 adjusted base year assessed value of such homestead by more than 3 percent; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to allow such exemption to continue to be received by an unremarried surviving spouse or the child, children, grandchild, or grandchildren of the deceased spouse; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) As used in this Act, the term:
(I) "Ad valorem taxes for municipal purposes" means all municipal ad valorem taxes for municipal purposes levied by, for, or on behalfof the City ofHiawassee, including, but not limited to, ad valorem taxes to pay interest on and to retire municipal 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 governing authority of the city, or the designee thereof, shall adjust annually the base year assessed value by the lesser of 3 percent or the actual percentage increase in the actual assessed value. (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 Hiawassee is granted an exemption on that person's homestead from City of Hiawassee 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 adjusted base year assessed value of that homestead by more than 3 percent. This exemption shall not apply to taxes assessed on improvements to such homestead or additional land that is added to such homestead after January I ofthe base year. If any real property is removed from such homestead, the base year assessed value shall be adjusted
GEORGIA LAWS 2008 SESSION
4351
to reflect such removal, and the exemption shall be recalculated accordingly. The value of that property in excess of such exempted amount shall remain subject to taxation. (2) The unremarried surviving spouse or the child, children, grandchild, or grandchildren ofthe deceased spouse who have been granted the exemption provided for in paragraph (1) of this subsection shall continue to receive the exemption provided under paragraph (1) of this subsection so long as that unremarried surviving spouse or child, children, grandchild, or grandchildren of the deceased spouse continue to occupy the home as a residence and homestead. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of Hiawassee, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Hiawassee, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such person for such exemption. The governing authority of the City of Hiawassee, 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 person granted the homestead exemption under subsection (b) of this section 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 Hiawassee, 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, 2009.
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Hiawassee 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 Hiawassee for approval or rejection. The municipal election superintendent shall conduct the election under this Act on the date of the November, 2008, state-wide general election. The municipal election superintendent shall issue the call and conduct such 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
4352
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the date thereof in the official organ of Towns 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 Hiawassee 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 adjusted base year assessed value of such homestead by more than 3 percent?"
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 1, 2009. If the Act is not so approved or if the election is not conducted as provided in this section, Section I ofthis Act shall not become effective, and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Hiawassee. 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 2008 session of the General Assembly of Georgia a bill to provide for a homestead exemption from City of Hiawassee 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 adjusted base year assessed value of such homestead by more than 3 percent; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to allow such exemption to continue to be received by an unremarried surviving spouse or the child, children, grandchild, or grandchildren of the deceased spouse; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; and for other purposes
This 5th day of January, 2008
Representative Charles F. Jenkins 8th District
GEORGIA LAWS 2008 SESSION
4353
A BILL TO BE ENTITLED AN ACT To provide for a homestead exemption from City of Hiawassee 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 adjusted base year assessed value of such homestead by more than 3 percent; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to allow such exemption to continue to be received by an unremarried surviving spouse or the child, children, grandchild, or grandchildren of the deceased spouse; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION I. (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 Hiawassee, including, but not limited to, ad valorem taxes to pay interest on and to retire municipal 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 governing authority of the city, or the designee thereof, shall adjust annually the base year assessed value by the lesser of 3 percent or the actual percentage increase in the actual assessed value. (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 Hiawassee is granted an exemption on that person's homestead from City of Hiawassee 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 adjusted base year assessed value of that homestead by more than 3 percent. This exemption shall not apply to taxes assessed on improvements to such homestead or additional land that is added to such homestead after January 1 ofthe base year. If any real property is removed from such homestead, the base year assessed value shall be adjusted to reflect such removal, and the exemption shall be recalculated accordingly. The value of that property in excess of such exempted amount shall remain subject to taxation. (2) The unremarried surviving spouse or the child, children, grandchild, or grandchildren of the deceased spouse who have been granted the exemption provided for in paragraph (I) of this subsection shall continue to receive the exemption provided under paragraph (I) of this subsection so long as that unremarried surviving spouse or child, children, grandchild, or grandchildren of the deceased spouse continue to occupy the home as a residence and homestead. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority
4354
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of the City of Hiawassee, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Hiawassee, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such person for such exemption. The governing authority of the City of Hiawassee, 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 person granted the homestead exemption under subsection (b) of this section 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 Hiawassee, 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, 2009. SECTION 2 Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Hiawassee 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 Hiawassee for approval or rejection. The municipal election superintendent shall conduct the election under this Act on the date of the November 2008, state-wide, general election. The municipal election superintendent shall issue the call and conduct such 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 original organ of Towns 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 Hiawassee 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 adjusted base year assessed value of such homestead by more than 3 percent?" All persons desiring to vote for approval ofthe Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect on January 1, 2009. If the Act is not so approved or if the election is not conducted
GEORGIA LAWS 2008 SESSION
4355
as provided in this section, Section 1 ofthis Act shall not become effective, and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Hiawassee. 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.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles Jenkins, who on oath deposes and says that he is the Representative from District 8 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Towns County Herald which is the official organ of Towns County on January 10, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ CHARLES JENKINS Charles Jenkins Representative, District 8
Sworn to and subscribed before me, this 14th day of January, 2008.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 14, 2008.
4356
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF VILLA RICA- CITY OF VILLA RICA PUBLIC FACILITIES AUTHORITY; CREATE.
No. 735 (House Bill No. 1439).
AN ACT
To create the City of Villa Rica Public Facilities Authority; to provide for a short title and legislative findings; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, organization, meetings, and expenses; to provide for definitions; to provide for the issuance and sale of revenue bonds and their negotiability, sale, and use of proceeds from such sales; to provide for conditions for issuance of such obligations; to prohibit the pledge of credit for the payment of bonds; to provide for trust indentures and a sinking fund; to provide for payment of bond proceeds; to provide for bondholder remedies and protection; to provide for refunding bonds; to provide for bond validation; to provide for venue and jurisdiction; to provide for trust funds; to provide for authority's purpose; to provide for charges; to provide for rules and regulations; to provide for tort immunity; to provide for tax exemptions and exemptions from levy and sale; to provide for supplemental powers; to provide for effect on other governments; to provide for liberal construction; to provide for severability; to provide 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. Short title.
This Act shall be known and may be cited as the "City of Villa Rica Public Facilities Authority Act."
SECTION 2. Creation of authority; purpose.
There is created a body corporate and politic to be known as the "City of Villa Rica Public Facilities Authority," which shall be deemed to be a public corporation. Such corporation shall be separate and distinct from any public corporation or other entity heretofore created by the General Assembly and shall be an instrumentality of the State of Georgia exercising governmental powers. The authority is created for the purpose of promoting the public good and general welfare of the citizens of the City of Villa Rica, and assisting the City of Villa
GEORGIA LAWS 2008 SESSION
4357
Rica in providing facilities, equipment, and services to the citizens of the City of Villa Rica in the most efficient means possible. In connection with the exercise of any of its powers, the members of the authority may make findings or determinations that the exercise of its powers as proposed will promote the public good and general welfare, and assist the City of Villa Rica in providing facilities, equipment, and services, and such findings or determinations, if made, shall be conclusive and binding.
SECTION 3. Definitions.
As used in this Act, the following words and terms shall have the meaning specified unless the context or use clearly indicates a different meaning or intent:
(1) "Authority" means the City of Villa Rica Public Facilities Authority created by this Act. (2) "Cost of the project" shall include (A) the cost of construction; (B) the cost of all land and interests therein, properties, rights, easements, and franchises acquired; (C) the cost of acquiring, constructing, or erecting buildings, improvements, materials, labor, and services; (D) the cost of all machinery and equipment; (E) financing charges and interest prior to and during construction or acquisition of any project and for six months after such project is placed into service and operational at the level intended; (F) the cost of construction, engineering, architectural, fiscal, accounting, inspection, and legal expenses relating to a project or to the financing or refinancing of any project and other expenses necessary or incident to determining the feasibility or practicability of any project; (G) administrative expenses relating to any project or the financing or refinancing thereof, and such other expenses as may be necessary or incident to the financing of a project herein authorized, the acquisition, construction, renovation, reconstruction, or remodeling of a project, and the placing of the same in operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as part of the cost of the project and may be paid or reimbursed as such out of any funds of the authority, including proceeds of any revenue bonds issued under the provisions of this Act for any such project or projects and the proceeds of the sale of any contracts, lease agreements, or installment sales agreements or the amounts payable thereunder, either directly or by the creation of interests therein. (3) "City" means the City of Villa Rica, Georgia, or its successor. (4) "Project" means any capital project determined by the authority to promote the public good or general welfare of the citizens of the city, or any of its enterprises or systems, including, but not limited to, the acquisition, construction, renovation, improvement, extension, addition, or equipping of (A) utility systems and improvements, including without limitation water and sewer systems and facilities, sewage and solid waste disposal systems and facilities, and electric, gas, and other similar facilities and systems; (B) emergency facilities, including emergency, fire, police, and rescue facilities; (C) recreational facilities, including parks, athletic fields, buildings, or facilities and other
4358
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
similar facilities; (D) public safety facilities, including jails, police departments, facilities, or equipment, and state patrol or other law enforcement facilities or equipment; (E) healthcare facilities and equipment; (F) educational, cultural, or historical facilities and equipment; and (G) administrative facilities and equipment, including city hall buildings and other governmental buildings. (5) "Revenue bonds" means revenue bonds issued by the authority pursuant to the terms of this Act or under Article 3 of Chapter 82 of Title 36 of the O.C.G.A, known as the "Revenue Bond Law."
SECTION 4. Powers of the authority.
The authority shall have the power: (I) To hold, own, lease, transfer, and convey real and personal property or interests therein; (2) To sue and be sued; (3) To have and to use a seal and to alter the same at its pleasure; (4) To acquire, construct, purchase, own, equip, operate, extend, improve, lease, and sell any project; (5) To exercise the powers conferred upon a "public corporation" or a "public authority" by Article IX, Section III, Paragraph I of the Constitution of Georgia, such authority being expressly declared to be a "public corporation" or a "public authority" within the meaning of such provision of the Constitution of Georgia; (6) To acquire property and projects in its own name by gift or by purchase on such terms and conditions and in such manner as it may deem proper. If the authority shall deem it expedient to construct any project on real property or any interest therein or usufruct which is subject to the control of the city, the city is authorized to convey such real property or interest therein to the authority for no consideration or for such consideration as may be agreed upon by the authority and the city, taking into consideration the public benefit to be derived from such conveyance. The city may transfer such property or interest therein without regard to any determination as to whether or not such property or interest therein is surplus; (7) To accept gifts and bequests for its corporate purposes; (8) To appoint, select, and employ, with or without bidding as the authority may choose, officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, underwriters or other advisors, and attorneys, and to fix their compensation; (9) To make and execute with public and private persons and corporations contracts, lease agreements, rental agreements, installment sale agreements, and other instruments relating to its projects and incident to the exercise of the powers of the authority, including contracts for constructing, renting, leasing, and selling its projects for the benefit of the
GEORGIA LAWS 2008 SESSION
4359
city; and, without limiting the generality of the foregoing, authority is specifically granted to the authority and to the city to enter into contracts, lease agreements, rental agreements, installment sale agreements and related agreements with the authority for a term not exceeding 50 years as provided in Article IX, Section III of the Constitution of the State of Georgia; (I 0) To lease, sell, transfer, or otherwise dispose of any property, real or personal, or assets of the authority, or to assign its rights under its contracts, lease agreements, or installment sale agreements or its right to receive payments thereunder, either directly or through trust or custodial arrangements whereby interests are created in such contracts, lease agreements, or installment sale agreements or the payments to be received thereunder through the issuance oftrust certificates, certificates ofparticipation, custodial receipts, or other similar instruments; (II) To accept loans or grants of money or property of any kind from the United States, the State of Georgia, or any political subdivision of the State of Georgia; (12) To borrow money for any of its corporate purposes and to issue revenue bonds, notes, or other types of indebtedness payable solely from funds or revenues of the authority pledged for that purpose and to pledge and assign any of its revenues, income, rent, charges, and fees to provide for the payment of the same and to provide for the rights of the holders of such revenue bonds; (13) To enter into (A) interest rate swaps, collars, or other types of interest rate management agreements, or (B) credit enhancement or liquidity agreements relating to any obligations of the authority, provided that the obligation of the authority under such agreements shall not be a general obligation of the authority but shall be a limited obligation of the authority payable from a specific source of funds identified for such purpose. The authority shall be exempt from any requirement of Georgia law requiring a swap management plan or other similar plan relating to interest swap agreements; (14) To make such rules and regulations governing its employees and property as it may in its discretion deem proper; (IS) To be sued the same as any private corporation on any contractual obligation of the authority. The authority shall have the same rights to sue any other person or entity as any private corporation; and (16) To issue its revenue bonds, notes, or other obligations to finance or refinance any project which may be financed by the city under the Revenue Bond Law of the State of Georgia.
SECTION 5. Members of the authority; terms of office.
The authority shall consist of six to nine members. Six of the members shall be the persons at the time serving as the five duly elected members of the city council of the City of Villa Rica and the mayor of the City of Villa Rica, who shall be eligible to succeed themselves.
4360
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
The members of the authority shall hold office for terms coinciding with their terms on the city council or his or her term as mayor, respectively, and shall serve until their successors take office. The mayor and council, in their capacities to the city, may nominate and appoint up to three additional members who possess knowledge or experience in matters within the power of the authority. The nonmayor and council members of the authority shall serve one-year terms and are eligible to be reappointed without limitation. In the event that the number of members of the city council is changed, then the number of members of the authority shall be correspondingly changed. Immediately after their official seating on the city council, each member of the authority shall enter upon their duties. A majority of the members of the authority shall constitute a quorum, and 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 and, in every instance, a majority vote of a quorum shall authorize any legal act of the authority, including all things necessary to authorize and issue revenue bonds. The authority shall elect one of its members as chairperson and shall elect a secretary and a treasurer. The secretary and treasurer need not necessarily be a member of the authority. The chairperson shall be a non-voting member of the authority; however, if at any time there are an even number of members on the authority, the chairperson shall only be allowed to vote to break a tie. The authority may elect a vice-chairperson or any number of assistant secretaries or treasurers as it may from time to time deem necessary or desirable. The members of the authority shall not be entitled to compensation for their services, but shall be entitled to and shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The authority shall make rules and regulations for its own governance and it shall have perpetual existence. Any change in name or composition ofthe 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 existing under this Act.
SECTION 6. Issuance and sale of revenue bonds.
The authority shall have power and is authorized from time to time to provide for the issuance and sale of negotiable revenue bonds in the manner provided by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., known as the "Revenue Bond Law," for the purpose of paying all or any part of the cost of any one or more projects, including the cost of constructing, reconstructing, equipping, extending, adding to, or improving any such project, or for the purpose of refunding, as herein provided, any such bonds of the authority or any other authority or public body previously issued to finance or refinance the cost of a project. The principal of and interest on such revenue bonds shall be a limited obligation of the authority payable solely from the source or sources of funds specified in the indenture or resolution of the authority authorizing the issuance of such revenue bonds. The revenue bonds of each issue shall be issued and validated under and in accordance with the provisions of the Revenue Bond Law. Such revenue bonds shall mature on such dates, bear interest at
GEORGIA LAWS 2008 SESSION
4361
such rate or rates, whether fixed or variable, be subject to redemption and have such other terms as the authority may provide in the indenture or resolution relating thereto. Such revenue bonds shall not be subject to any provision of Georgia law limiting the rate of interest payable thereon, and may be sold in a negotiated sale or in a public sale as the authority may determine.
SECTION 7. Power to incur loans or issue notes.
The authority shall also have the power to incur indebtedness from time to time for the purpose of financing or refinancing any project or refunding any obligations previously issued for such purpose, or for any other purpose, whether in the form of a loan or through the issuance of notes, and the principal of and interest on such notes or loans shall be a limited obligation of the authority payable solely from the source or sources of funds specified in the resolution or indenture of the authority authorizing such loan or the issuance of such notes. Any such loan or notes shall not be required to be validated as a condition to the issuance thereof and shall have such terms as may be specified by the authority in the resolution or indenture authorizing the same.
SECTION 8. Negotiable instruments; bonds or other obligations exempt from taxation.
All revenue bonds issued under the provisions of this Act shall have all the qualities and incidents of negotiable instruments under the negotiable instruments law of this state. All such bonds, and any loan incurred or note issued as provided in this Act, are declared to be issued or incurred for an essential public and government purpose and such obligations and the interest thereon shall be exempt from all taxation within this state.
SECTION 9. Revenue bonds or notes not a debt or general obligation.
Revenue bonds or notes issued under the provisions of this Act or any loan incurred as authorized herein shall not constitute a debt or a pledge of the faith and credit of the State of Georgia or of any political subdivision thereof, including the city, but shall be payable solely from the sources as may be designated in the resolution or indenture of the authority authorizing the issuance of the same. The issuance of such obligations shall not directly, indirectly, or contingently obligate the State of Georgia or any political subdivision thereof, including the city, to levy or to pledge any form of taxation whatsoever for the payment thereof. No holder of any bond or receiver or trustee in connection therewith shall have the right to enforce the payment thereof against any property of the State of Georgia or any political subdivision thereof, including the city, nor shall any such bond constitute a charge,
4362
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
lien, or encumbrance, legal or equitable, upon any such property. All such obligations shall contain on their face a recital setting forth substantially the foregoing provisions of this section. Nothing in this section shall be construed to prohibit the State of Georgia or any political subdivision or agency thereof, including the city, from obligating itself to pay the amounts required under any contract entered into with the authority pursuant to Article IX of the Constitution of the State of Georgia or any successor provision, including from funds received from taxes to be levied and collected for that purpose to the extent necessary to pay the obligations contractually incurred by the authority, and from any other source.
SECTION 10. Issuance of bonds or obligations under indentures or resolutions.
In the discretion of the authority, any issuance of such revenue bonds, notes, or other obligations may be secured by a trust indenture by and between the authority and a trustee, which may be any trust company or bank having the powers of a trust company within or outside the State of Georgia. Such trust indenture may pledge or assign fees, tolls, rents, revenues, and earnings to be received by the authority including the proceeds derived from the financing, sale, or lease, from time to time, of any project. Either the resolution providing for the issuance of revenue bonds or other obligations or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the owners of such bonds or obligations as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority or any lessee or purchaser in relation to the acquisition and construction ofany project, the maintenance, operation, repair, and issuance of any project, and the custody, safeguarding, and application of all moneys, including the proceeds derived from the sale or lease of any project or from the sale of any such bonds, notes, or other obligations and may contain provisions concerning the conditions, if any, upon which additional bonds, notes, or other obligations may be issued, whether on a parity with or subordinate to, any other obligations issued by the authority. Such indenture or resolution may set forth the rights and remedies of the owners of such obligations and of the trustee. In addition to the foregoing, such trust indenture may contain such other provisions as the authority may deem reasonable and proper of the security oftbe owners of such bonds or other obligations or otherwise necessary or convenient in connection with the issuance of such obligations. 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 11. Security of the payment of bonds or other obligations.
The authority may assign or pledge any property or revenues to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance of
GEORGIA LAWS 2008 SESSION
4363
the bonds or the trust indenture may provide. The use and disposition of such property or revenues assigned to the payment of bonds or other obligations shall be subject to the indenture or resolution authorizing the issuance of such revenue bonds or obligations. Any lien created by the authority for the payment of such bonds or obligations may be a first lien or a subordinate lien as the authority may provide, and any such indenture or resolution may provide, at the option of the authority, for the issuance of additional bonds or other obligations sharing any lien on a parity or subordinate lien basis.
SECTION 12. Refunding bonds or obligations.
The authority is authorized to provide by resolution for the issuance of obligations, whether revenue bonds, notes, or other obligations, for the purpose of refunding any revenue bonds or other obligations issued under the provisions of this Act or under any other provision of Georgia law so long as such bonds or other obligations were issued for a purpose or project for which the authority could issue bonds. The issuance of such refunding bonds or other obligations and all the details thereof, the rights of holders thereof, 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 13. Principal office; venue.
The principal office of the authority shall be in the city, and the venue of any action against it shall be in Carroll County. Any action pertaining to the validation of any bonds issued under the provisions of this Act and for the validation of any contract entered into by the authority shall be brought in the Superior Court of Carroll County, and such court shall have exclusive original jurisdiction of such actions. Service upon the authority of any process, subpoena, or summons shall be effected by serving the same personally upon any member ofthe authority.
SECTION 14. Validation of revenue bonds.
Revenue bonds of the authority shall be confirmed and validated in accordance with the procedure now or hereafter set forth in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., known as the "Revenue Bond Law," as the same now exists or may hereafter be amended. The petition for validation shall also make a party defendant to such action the city, ifthe city has or will contract with the authority with respect to the project for which bonds are to be issued and are sought to be validated. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to the validity of such bonds against the
4364
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
authority and against all other persons or entities, regardless of whether such persons or entities were parties to such validation proceedings.
SECTION 15. No impairment of rights.
While any of the bonds or other obligations issued by the authority or any interests in contracts ofthe authority remain outstanding, the powers, duties, or existence ofthe 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 or obligations or such interests in contracts of the authority. The provisions of this section of this Act shall be for the benefit of the authority and of the holders of any such bonds or obligations and interests in contracts of the authority and, upon the issuance of bonds or obligations or the creation of interests in contracts of the authority under the provisions of this Act, shall constitute a contract with the holders of such bonds or obligations or such interests in contracts ofthe authority.
SECTION 16. Trust funds; permitted investments.
All moneys received by the authority pursuant to this Act, whether as proceeds from the sale of revenue bonds or obligations of the authority, 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 and in such resolutions and trust indentures as may be adopted and entered into by the authority pursuant to this Act. Any such moneys or funds may be invested from time to time in such investments as may be permitted under the indenture, agreement, or resolution establishing the fund or account in which such funds are held, or if not held in such a fund or account, in such investments as would be permitted for investments of a development authority created under Code Section 36-62-1, et seq., of the O.C.G.A.
SECTION 17. Power to set rates, fees, and charges.
The authority is authorized to prescribe and fix rates, fees, tolls, rents, and charges and to revise, from time to time, and collect such revised rates, fees, tolls, rents, and charges for the services, facilities, or commodities furnished, including leases, concessions, and subleases of its projects, and to determine the price and terms at and under which its projects may be sold, leased, or otherwise disposed of. The authority may establish in its discretion procedures for contracting for any work done for the authority or for the acquisition, sale, transfer, or lease of any property, real or personal, of the authority.
GEORGIA LAWS 2008 SESSION
SECTION 18. Essential governmental function; no taxes or assessments.
4365
All property or interests in property owned by the authority shall be public property held and owned for governmental purposes and shall be exempt from ad valorem taxation. The exercise of the powers conferred upon the authority hereunder shall constitute an essential governmental function for a public purpose and the authority shall be required to pay no taxes or assessments upon any ofthe 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 acquired or erected 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 herein provided shall not include an exemption from sales and use tax on property purchased by or for the use of the authority.
SECTION 19. Immunity of authority and members.
The authority shall have the same immunity and exemption from liability for torts and negligence as the City of Villa Rica; 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 Villa Rica.
SECTION 20. Authority property not subject to levy and sale.
The property of the authority shall not be subject to levy and sale under legal process.
SECTION 21. Authority area of operation.
The scope of the authority's operations shall be limited to the territory embraced within the territorial limits of the city, as the same now or may hereafter exist; provided, however, that nothing in this section shall prevent the authority from contracting with any entity, public or private, outside of the city with respect to any project located in the city, or located outside of the city, if the authority shall determine that entering into such contract is in the best interest of the authority and in furtherance of its public purposes.
4366
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 22. Supplemental powers.
This Act does not in any way take away from the authority any power which may be conferred upon it by law but is supplemental thereto.
SECTION 23. No power to impose taxes.
The authority shall not have the right to impose any tax on any person or property.
SECTION 24. Act to be liberally construed.
This Act shall be liberally construed to effect the purposes hereof.
SECTION 25. Severability of provisions.
Should any sentence, clause, phrase, or part of this Act be declared for any reason to be unconstitutional or invalid, the same shall not affect the remainder of this Act, or any part hereof, other than the part so held to be invalid, but the remaining provisions of this Act shall remain in full force and effect, and it is the express intention of this Act to enact each provision of this Act independently of any other provision hereof.
SECTION 26. Effective date.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 27. Conflicting laws.
All laws and parts of laws in conflict with this Act are, to the extent of such conflict, repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2008 session of the General Assembly of Georgia a bill to create the City of Villa Rica Public Facilities Authority; to
GEORGIA LAWS 2008 SESSION
4367
provide for a short title and legislative findings; to confer powers and impose duties on the authority; to provide for the membership and the appointment, of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, organization, meetings, and expenses; to provide for definitions; to provide for the issuance and sale of revenue bonds and their negotiability, sale, and use of proceeds from such sales; to provide for conditions for issuance of such obligations; to prohibit the pledge of credit for the payment of bonds; to provide for trust indentures and a sinking funds; to provide for authority's purpose; to provide for charges; to provide for rules and regulations; to provide for tort immunity; to provide for supplemental powers; to provide for effect on other governments; to provide for liberal construction; to provide for severability; to provide an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
This II day of March, 2008.
Representative Timothy J. Bearden 68th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tim 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 ofCarroll County on March 12, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ TIM BEARDEN Tim Bearden Representative, District 68
Sworn to and subscribed before me, this 12th day of March 2008.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 14, 2008.
4368
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF ADAIRSVILLE- ADAIRSVILLE BUILDING AUTHORITY; CREATE.
No. 736 (House Bill No. 781).
AN ACT
To create the Adairsville Building Authority as a public corporation and an instrumentality ofthe State of Georgia; to authorize the authority to acquire, construct, own, and convey real property and personal property and to sue and be sued; to authorize the authority to enter into intergovernmental contracts and contracts with private persons; to confer upon the authority the power of eminent domain; to authorize the authority to enter into contracts, lease agreements, and installment sale agreements; to authorize the authority to accept grants and gifts; to authorize the authority to fix and collect fees and charges for the use or for the rental of its facilities; to provide for the membership of the authority; to authorize the authority to acquire, construct, equip, maintain, and operate projects; to authorize the authority to acquire the necessary property therefor and to lease or sell any or all of such facilities; to authorize the authority to sell its contracts, lease agreements, or installment sale agreements or its right to receive payments thereunder, either directly or by creating interests therein; to authorize the issuance of revenue bonds of the authority, payable from the revenues, tolls, fees, charges, and earnings of the authority including, but not limited to, amounts derived from leasing and selling facilities of the authority; to authorize the collection and pledging of the revenues and earnings of the authority for the payment of such bonds and to authorize the execution of 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 the State of Georgia or of the City of Adairsville shall be incurred in the exercise of any powers granted by this Act; to make the bonds of the authority exempt from taxation; to authorize the issuance of refunding bonds; to fix the venue of actions relating to any provision of this Act and to provide for the validation of bonds issued by the authority and of contracts between the authority and the City ofAdairsville; to confine the activities of the authority to the territorial limits of Bartow County; to prohibit the authority from levying any tax; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Short title.
This Act may be cited as the "Adairsville Building Authority Act."
GEORGIA LAWS 2008 SESSION
SECTION 2. Adairsville Building Authority created.
4369
There is created a body corporate and politic to be known as the Adairsville Building Authority (herein called the "authority"), which shall be deemed to be a political subdivision of this state and public corporation by that name, style, and title to be known. Such corporation shall be separate and distinct from any public corporation heretofore created by the General Assembly and shall be an instrumentality of the State of Georgia exercising governmental powers. All property owned by such corporation shall be public property held and owned for governmental purposes and shall be exempt from taxation.
SECTION 3. General powers.
The authority shall have the power: (I) To hold, own, and convey real and personal property; (2) To sue and be sued; (3) To have and to use a seal and to alter the same at pleasure; (4) To acquire, construct, purchase, own, equip, operate, extend, improve, lease, and sell any project; (5) To exercise the powers conferred upon a "public corporation" or a "public authority" by Article IX, Section III, Paragraph I of the Constitution of Georgia, such authority being hereby expressly declared to be a "public corporation" or a "public authority" within the meaning of such provision of the Constitution of Georgia; (6) 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 of this state applicable to the condemnation of property for public use, including the power to proceed as condemning body under the provisions of Article 2 of Chapter 2 of Title 22 of the Official Code of Georgia Annotated, or by gift, grant, lease, or otherwise real property or rights and easements therein and franchises and personal property 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, sale, or disposition of the same in any manner it deems to the best advantage of the authority. Title to any such property shall be held by the authority exclusively for the benefit of the public. The authority shall be under no obligation to accept arid pay for any property condemned as provided herein except from the funds provided therefor 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. No property shall be acquired upon which any lien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money shall be deposited in trust to pay and redeem the amount of such lien or
4370
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
encumbrance. If the authority shall deem it expedient to construct any project on lands which are subject to the control of the City of Adairsville, the city is authorized to convey such lands to the authority for such consideration as may be agreed upon by the authority; and the city shall take into consideration the public benefit to be derived from such conveyance; (7) To accept gifts and bequests for its corporate purposes; (8) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and to fix their compensation; (9) To make and execute with public and private persons and corporations contracts, lease agreements, rental agreements, installment sale agreements, and other instruments relating to its projects and incident to the exercise of the powers of the authority, including contracts for constructing, renting, leasing, and selling its projects for the benefit of the City of Adairsville; and, without limiting the generality of the foregoing, authority is specifically granted to the City of Adairsville to enter into contracts, lease agreements, rental agreements, installment sale agreements, and related agreements with the authority for a term not exceeding 50 years; (10) To sell or assign its rights under its contracts, lease agreements, or installment sale agreements or its right to receive payments thereunder, either directly or through trust or custodial arrangements whereby interests are created in such contracts, lease agreements, or installment sale agreements or the payments to be received thereunder through the issuance oftrust certificates, certificates ofparticipation, custodial receipts, or other similar instruments; (II) To accept loans and grants of money or property of any kind from the United States, the State of Georgia, or any political subdivision of the State of Georgia; (12) To borrow money for any of its corporate purposes and to issue revenue bonds payable solely from funds or revenues of the authority pledged for that purpose and to pledge and assign any of its revenues, income, rent, charges, and fees to provide for the payment ofthe same and to provide for the rights ofthe holders of such revenue bonds; and (13) To make such rules and regulations governing its employees and property as it may in its discretion deem proper.
SECTION 4. Membership.
The authority shall consist of five members who shall be residents of the City of Adairsville who shall be eligible to succeed themselves and who shall be appointed by the Adairsville City Council. The councilmembers shall be eligible to be appointed to serve on the authority. The members of the authority shall hold office for terms of four years and until their successors shall be appointed; provided, however, that of the original members appointed to the authority, three shall be appointed for terms of one year each and two shall
GEORGIA LAWS 2008 SESSION
4371
be appointed for terms of three years. Upon the expiration of each such initial term, the successors shall be appointed for terms of four years. Any vacancy on the authority shall be filled for the unexpired term by the city council. Immediately after their appointment, the members of the authority shall enter upon their duties. Three members ofthe authority shall constitute a quorum, and 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 and, in every instance, a majority vote of a quorum shall authorize any legal act of the authority, including all things necessary to authorize and issue revenue bonds. The authority shall elect one of its members as chairperson and shall elect a secretary and treasurer who need not necessarily be a member ofthe authority. The members of the authority shall not be entitled to compensation for their services but shall be entitled to and shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The authority shall make rules and regulations for its own government. It shall have perpetual existence. Any change in 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 existing under this Act.
SECTION 5. Definitions.
As used in this Act, the following words and terms shall have the following meanings unless a different meaning clearly appears from the context:
( 1) "Authority" shall mean the City of Adairsville Building Authority created in Section 2 of this Act. (2) "Project" shall mean and include real and personal property, including buildings and related facilities and equipment, which are necessary or convenient for the efficient operation of the City of Adairsville. (3) "Cost of the project" shall include the cost of construction; all lands, properties, rights, easements, and franchises acquired; buildings, improvements, materials, labor, and services contracted for; all machinery and equipment, financing charges, interest prior to and during construction and for one year after the completion of construction, engineering, architectural, fiscal, accounting, inspection, and legal expenses; plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized; the acquisition, construction, renovation, reconstruction, or remodeling of any project and the placing of the same in operation; and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of such purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of any funds of the authority, including proceeds of any revenue bonds issued under the provisions of this Act for any such project or projects and the proceeds of the sale of any contracts, lease agreements, or
4372
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
installment sale agreements or the amounts payable under the agreement, either directly or by the creation of interests therein. (4) "Revenue bonds" shall mean revenue bonds issued by the authority pursuant to the terms of this Act and Article 3 of Chapter 82 of Title 36 of the O.C.G.A., known as the "Revenue Bond Law." (5) Any project shall be deemed "self-liquidating" if, in the judgment of the authority, the revenues and earnings to be derived by the authority from the project and all properties used, leased, and sold in connection with the project will be sufficient to pay the cost of operating, maintaining, and repairing 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 6. Revenue bonds.
The authority shall have power and is authorized from time to time to provide by resolution for the issuance of negotiable revenue bonds in the manner provided by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., known as the "Revenue Bond Law," for the purpose of paying all or any part of the cost of any one or more projects, including the cost of constructing, reconstructing, equipping, extending, adding to, or improving any such project, or for the purpose of refunding, as provided in Section 11 of this Act, any such bonds of the authority previously issued. The principal of and interest on such revenue bonds shall be payable solely from such part ofthe revenues and earnings of such project or projects as may be designated in the resolution of the authority authorizing the issuance of such revenue bonds. The revenue bonds of each issue shall be issued and validated under and in accordance with the provisions of Article 3 of Chapter 82 of Title 36 ofthe O.C.G.A., known as the "Revenue Bond Law."
SECTION 7. Revenue bonds; negotiability and exemption from taxation.
All revenue bonds issued under the provisions ofthis Act shall have and are declared to have all the qualities and incidents of negotiable instruments under the negotiable instruments law 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 this state.
GEORGIA LAWS 2008 SESSION
SECTION 8. Credit not pledged.
4373
Revenue bonds issued under the provisions of this Act shall not constitute a debt or a pledge of the faith and credit of the State of Georgia or of the City of Adairsville but such bonds shall be payable solely from such part of the revenues and earnings of such project or projects as may be designated in the resolution of the authority authorizing the issuance of such bonds. The issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the State of Georgia or the City of Adairsville to levy or to pledge any form of taxation whatever for the payment thereof. No holder of any bond or receiver or trustee of such bond shall have the right to enforce the payment thereof against any property ofthe State of Georgia or the City of Adairsville, nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon any such property. All such bonds shall contain on their face a recital setting forth substantially the foregoing provisions of this section. The City of Adairsville, however, 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 with the authority, 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 City of Adairsville; but shall not constitute a debt of the City of Adairsville within the meaning of the Constitution of the State of Georgia, Article IX, Section V, Paragraph I; and, when the City of Adairsville contracts with the authority 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 contract.
SECTION 9. Revenue bonds; trust indenture as security.
In the discretion of the authority, any issue of such revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State of Georgia. Such trust indenture may pledge or assign fees, tolls, rents, revenues, and earnings to be received by the authority, including the proceeds derived from the sale or lease, from time to time, of any project. 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 Jaw, including covenants setting forth the duties of the authority in relation to the acquisition and construction ofany project, the maintenance, operation, repair, and insurance of any project, and the custody, safeguarding, and application of all moneys, including the proceeds derived from the sale or lease of any project, may also provide that any project shall
4374
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
be acquired and constructed under the supervision and approval of consulting engineers or architects employed or designated by the authority and satisfactory to the original purchasers of the bonds issued therefor, 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 pledging all or any part ofthe revenues and earnings of such project or projects may be issued. Such indenture may set forth the rights and remedies of the bondholders and of the trustee. In addition to the foregoing, such trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture.
SECTION 10. Revenue bonds; sinking fund.
The revenues, fees, tolls, and earnings derived from any particular project or projects, regardless of whether or not such revenues, fees, tolls, and earnings were produced by a particular project for which bonds have been issued, and any moneys derived from the sale of any properties, both real and personal, of the authority, 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 indenture may provide; and such funds so pledged, from whatever source received, which such pledge may include funds received from one or more or all sources not previously pledged and allocated, shall be set aside at regular intervals, as may be provided in the resolution or trust indenture, into a sinking fund which shall be pledged to and charged with the payments 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 any paying agent or agents for paying principal and interest; and (4) Any premium upon bonds retired by call or purchase. 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 a fund for the benefit of all revenue bonds issued pursuant to such resolution or trust indenture without distinction or priority of one over another.
GEORGIA LAWS 2008 SESSION
SECTION 11. Revenue bonds; refunding bonds.
4375
The authority is authorized to provide by resolution for the issuance of revenue refunding bonds of the authority for the purpose of refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon and any premium required for the payment of such bonds prior to maturity. The issuance of such revenue bonds and all the details thereof, the rights of the holders thereof, and the duties of the authority with respect to the same shall be governed by the provisions of this Act insofar as the same may be applicable.
SECTION 12. Venue; jurisdiction; service.
The principal office of the authority shall be in the City of Adairsville and the venue of any action against it shall be in Bartow County. Any action pertaining to the validation of any bonds issued under the provisions of this Act and for the validation of any contract entered into by the authority shall be brought in the Superior Court of Bartow County, and such court shall have exclusive original jurisdiction of such actions. Service upon the authority of any process, subpoena, or summons shall be effected by serving the same personally upon any member of the authority.
SECTION 13. Revenue bonds; validation.
Revenue bonds of the authority shall be confirmed and validated in accordance with the procedure set forth in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., known as the "Revenue Bond Law," as the same now exists or may hereafter be amended. The petition for validation shall also make a party defendant to such action the City of Adairsville if such city has or will contract with the authority with respect to the project for which bonds are to be issued and are sought to be validated; and the City ofAdairsville shall be required to show cause, if any exists, why such contract 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 adjudicated as 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 the validity of such bonds against the authority, and the validity of the contract and of the terms and conditions thereof, when validated, and the judgment of validation shall be final and conclusive against the City of Adairsville if it be a party to the validation proceeding.
4376
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 14. Interest of bondholders and holders of interests
in authority contracts protected.
While any of the bonds issued by the authority or any interests in contracts of 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 or such interests in contracts of the authority. The provisions of this section of this Act shall be for the benefit of the authority and of the holders of any such bonds and interests in contracts of the authority and, upon the issuance of bonds or the creation of interests in contracts of the authority under the provisions of this Act, shall constitute a contract with the holders of such bonds or such interests in contracts of the authority.
SECTION 15. Moneys received considered trust funds.
All moneys received by the authority pursuant to this Act, whether as proceeds from the sale of revenue bonds or contracts of the authority, as grants or other contributions, or as revenues, income, fees, and earnings, shall be deemed to be the trust funds to be held and applied solely as provided in this Act and in such resolutions and trust indentures as may be adopted and entered into by the authority pursuant to this Act.
SECTION 16. Rates, charges, and revenues of projects.
The authority is authorized to prescribe and fix and collect rates, fees, tolls, rents, and charges; to revise, from time to time, and collect such revised rates, fees, tolls, rents, and charges for the services, facilities, or commodities furnished, including leases, concessions, or subleases of its projects; and to determine the price and terms at and under which its projects may be sold.
SECTION 17. Exemption from taxation.
The exercise of the powers conferred upon the authority by this Act shall constitute an essential governmental function for a public purpose. The authority shall not be required to pay taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession, or supervision; its activities in the operation and maintenance ofproperty acquired by it or of buildings erected or acquired by it; any fees, rentals, or other charges for the use of such property or buildings; or other income received by the authority. The tax
GEORGIA LAWS 2008 SESSION
4377
exemption provided by this section shall not include an exemption from sales and use tax on property purchased by or for the use of the authority.
SECTION 18. Immunity from tort actions.
The authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia, and the officers, agents, and employees of the authority, when in performance of work of the authority, shall have the same immunity and exemption from liability for torts and negligence as officers, agents, and employees of the State of Georgia. The authority may be sued the same as any private corporation on any contractual obligation of the authority.
SECTION 19. Property not subject to levy and sale.
The property of the authority shall not be subject to levy and sale under legal process.
SECTION 20. Scope of operations.
The scope of the authority's operation shall be limited to the territory embraced within the territorial limits of Bartow County, as the same now or may hereafter exist.
SECTION 21. Powers declared supplemental and additional.
This Act does not in any way take away from the authority any power which may be conferred upon it by law but is supplemental thereto.
SECTION 22. Authority without taxing power.
The authority shall not have the right to impose any tax on any person or property.
SECTION 23. Liberal construction of Act.
This Act shall be liberally construed to effect the purposes hereof.
4378
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 24. Effect of partial invalidity of Act.
Should any sentence, clause, phrase, or part of this Act be declared for any reason to be unconstitutional or invalid, the same shall not affect the remainder of this Act or any part hereof, other than the part so held to be invalid, but the remaining provisions ofthis Act shall remain in full force and effect, and it is the express intention of this Act to enact each provision of this Act independently of any other provision hereof.
SECTION 25. Effective date.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 26. 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 Adairsville Building Authority as a public corporation and an instrumentality of the State of Georgia; to authorize the authority to acquire, construct, own and convey real property and personal property and to sue and be sued; to authorize the authority to enter into intergovernmental contracts and contracts with private persons; to authorize the authority to enter into contracts, lease agreements and installment sale agreements; to authorize the authority to accept grants and gifts; to authorize the authority to fix and collect fees and charges for the use or for the rental of its facilities; to provide for the membership of the authority; to authorize the authority to acquire, construct, equip, maintain and operate projects; to authorize the authority to acquire the necessary property therefor and to lease or sell any or all facilities; to authorize the authority to sell its contracts, lease agreements, or installment sale agreements or its rights to receive payments thereunder, either directly or by creating interests therein; to authorize the issuance of revenue bonds of the authority, payable from the revenues, tolls, fees, charges, and earnings of the authority including, but not limited to, amounts derived from leasing and selling facilities ofthe authority; to authorize the collection and pledging of the revenues and earnings of the authority for the payment of such bonds and to authorize the execution of 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 the State of Georgia or of the City of
GEORGIA LAWS 2008 SESSION
4379
Adairsville shall be incurred in the exercise of any powers granted by this Act; to make the bonds of the authority exempt from taxation; to authorize the issuance of refunding bonds; to fix the venue of actions relating to provisions of this Act and to provide for the validation of bonds issued by the authority and of contracts between the authority and the City of Adairsville; to confine the activities of the authority to the territorial limits of Bartow County; to prohibit the authority from levying any tax; to provide for severability; to provide an effective date; and for other purposes; and for other purposes.
This 20th day of March, 2007
City of Adairsville, Georgia
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Barry Loudermilk, who on oath deposes and says that he is the Representative from District 14 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Daily Tribune News which is the official organ of Bartow County on March 23, 2007, and that the notice requirements ofCode Section 28-1-14 have been met.
sf BARRY LOUDERMILK Barry Laudermilk Representative, District 14
Sworn to and subscribed before me, this 27th day of March, 2007.
sf SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18,2009 (SEAL)
Approved May 14, 2008.
4380
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BRANTLEY COUNTY- BRANTLEY COUNTY AIRPORT AUTHORITY; CREATE.
No. 737 (House Bill No. 1451).
AN ACT
To create the Brantley County Airport Authority; to provide for a short title and legislative findings; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, organization, meetings, and expenses; to prohibit authority employees and members from having certain interests; to provide for definitions; to provide for revenue bonds and their form, signatures thereon, negotiability, sale, and use ofproceeds from such sales; to provide for interim documents and for lost or mutilated documents; to provide for condition for issuance; to prohibit the pledge of credit for the payment of bonds; to provide for trust indentures and sinking fund; to provide for payment of bond proceeds; to provide for bondholder remedies and protection; to provide for refunding bonds; to provide for bond validation; to provide for venue and jurisdiction; to provide for trust funds; to provide for authority purpose; to provide for charges; to provide for rules and regulations; to provide for tort immunity; to provide for supplemental powers; to provide for effect on other governments; to provide for liberal construction; to provide for an effective date; to repeal 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 "Brantley County Airport Authority Act."
SECTION 2. Legislative findings.
The General Assembly determines and finds that there is a present and projected growth in commercial and private air traffic in the area of Brantley County. There is the need for adequate airports safely and efficiently to serve the air transportation needs of this state and Brantley County, the need to eliminate airport hazards, and the need to raise capital for the establishment, operation, and maintenance of present and future airports. The General Assembly further determines and finds that the establishment of an authority is necessary and
GEORGIA LAWS 2008 SESSION
4381
essential to ensure the welfare, safety, and convenience of citizens of the region and the entire state and to ensure the proper economic development ofthe region and the entire state.
SECTION 3. Brantley County Airport Authority.
(a) There is created a body corporate and politic, to be known as the "Brantley County Airport 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 bring and defend actions in all courts. The authority shall have perpetual existence. (b) The authority shall consist of five members who shall be residents of Brantley County. All five members appointed to the authority pursuant to this subsection shall be appointed by the governing authority of Brantley County. Two of the members shall be appointed by the governing authority to serve initial terms of office of four years each. Two of the members shall be appointed by the governing authority to serve initial terms of office of three years each and one member shall be appointed by the governing authority to serve an initial term of office of two years. Members of the authority shall serve the terms specified and until their respective successors are appointed and qualified. Appointments by the governing authority to fill the initial terms of office and their successors shall serve for terms of four years. Any member of the authority may be selected and appointed to succeed himself or herself. After such appointment, the members of such authority shall enter upon their duties. Any vacancy on the authority shall be filled in the same manner as was the original appointment ofthe member whose term ofmembership resulted in such vacancy and the person so selected and appointed shall serve for the remainder of the unexpired term. The members of the authority shall be reimbursed for all actual expenses incurred in the performance of their duties out of funds of the authority. The authority shall make rules and regulations for its own government. It shall have perpetual existence. (c) To be eligible for appointment as a member of the authority, a person shall satisfy the requirements of Code Section 45-2-1 of the O.C.G.A. (d) The members of the authority shall in April of each year elect one of their number as chairperson. Also, the members of the authority shall elect one of their number as vice chairperson, shall also elect one of their number as secretary, and may also elect one of their number as treasurer. The secretary may also serve as treasurer. Each of such officers shall serve for a period of one year and until their successors are duly elected and qualified. The chairperson of the authority shall be entitled to vote upon any issue, motion, or resolution. (e) A majority of the members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right ofthe quorum to exercise all ofthe rights and perform all of the duties of the authority; provided, however, three votes are required for the approval of any authority action.
4382
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(f) A vacancy on the authority shall exist in the office of any member of the authority who is convicted of a felony or who enters a plea of nolo contendere thereto; who is convicted of a crime involving moral turpitude or who enters a plea of nolo contendere thereto; who moves such person's residence from Brantley County; who is convicted of any act of misfeasance, malfeasance, or nonfeasance of such person's duties as a member of the authority; or who fails to attend any regular or special meeting of the authority for a period of three months without an excuse approved by a resolution of the authority. (g) All meetings of the authority, regular or special, shall be open to the public. The authority may hold public hearings on its own initiative or at the request of residents of Brantley County or residents of any area affected by the actions of the authority. (h) No member or employee of the authority shall have, directly or indirectly, any financial interest, profit, or benefit in any contract, work, or business of the authority nor in the sale, lease, or purchase of any property to or from the authority.
SECTION 4. Definitions.
(a) As used in this Act, the term: (I) "Airport" means any area of land or structure which is or has been used or which the authority may plan to use for the landing and taking off of commercial, private, and military aircraft, including helicopters; all buildings, equipment, facilities, or other property and improvements of any kind or nature located within the bounds of any such land area or structure which are or have been used or which the authority may plan to use for terminal facilities; all facilities of any type for the accommodation of passengers, maintenance, servicing, and operation of aircraft, business offices and facilities of private businesses and governmental agencies, and the parking of automobiles; and all other activities which are or have been carried on or which may be necessary or convenient in conjunction with the landing and taking off of commercial, private, and military aircraft including all land originally acquired by Brantley County for the establishment of an airport, and any land to be deeded to Brantley County for airport use, including, without limitation, aviation easements, and other real or personal property. (2) "Authority" means the Brantley County Airport Authority created by this Act. (3) "Cost ofthe 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', and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing authorized in this Act; the cost of the acquisition or construction of any project; the cost of placing any project in operation; and the cost of condemnation of property necessary for such construction and
GEORGIA LAWS 2008 SESSION
4383
operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project. (4) "Project" shall be deemed to mean and include the acquisition, construction, equipping, maintenance, and operation of an airport and the usual facilities related thereto. (5) "Revenue bonds" and "bonds" mean revenue bonds as defined and provided for in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," and such type of obligations may be issued by the authority as authorized under said Revenue Bond Law and any amendments thereto and, in addition, shall also mean obligations 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 and all facilities used in connection therewith will be sufficient to pay the costs of operating, maintaining, repairing, improving, and extending the project and to pay the principal of and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects.
SECTION 5. Powers.
The authority shall have the power: (1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes and to plan, acquire, establish, develop, construct, enlarge, improve, maintain, equip, and lease all airports which shall come under the control ofthe authority under the provisions ofthis Act or which it may acquire or plan to acquire; to regulate, protect, and police such airports and all related activities and facilities; to enter into any contracts, leases, or other agreements, promulgate any orders, set any tolls, fees, or other charges for the use of property or services ofthe authority and collect and use same as necessary to operate the airports under control of the authority; and to accomplish any purposes of this Act and make any purchases or sales necessary for such purposes; except that the authority may not acquire any airport of any county, municipality, or combination thereof unless such county and municipality agree to pay to the authority, so long as it operates such airport, at least the amount ofairport operating expenses funded by taxes, fees, and assessments ofsuch county and municipality immediately prior to such acquisition; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property, or rights or easements therein, or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue,
4384
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and to lease or make contracts with respect to the use of, or dispose of the same in any manner it deems to be to the best advantage of the authority, the authority being under no obligation to accept and pay for any property condemned under this Act except from the funds provided under the authority 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 be deposited in trust to pay and redeem the fair value of such lien or encumbrance; (4) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and to fix their respective compensations; (5) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be constructed, erected, or acquired. Any and all persons, firms, and corporations and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable; and, without limiting the generality of the foregoing, authority is specifically granted to municipal corporations, counties, and other political subdivisions and to the authority to enter into contracts, lease agreements, or other undertakings with each other relating to projects of the authority for a term not exceeding 50 years. Likewise, without limiting the generality of the above and foregoing, the same authority above granted to municipal corporations, counties, political subdivisions, and to the authority relative to entering into contracts, lease agreements, or other undertakings is authorized between the authority and private corporations, both inside and outside this state, and between the authority and public bodies, including counties and cities outside this state; (6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, as defined in this Act, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the authority or from such proceeds and any grant or contribution from the United States of America or any agency or instrumentality thereof or from the State of Georgia or any agency or instrumentality thereof; (7) To accept loans and grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may require; (8) To accept loans and grants of money or materials or property of any kind from the State ofGeorgia 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;
GEORGIA LAWS 2008 SESSION
4385
(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; (I 0) To exercise any power usually possessed by private corporations performing similar functions, including the power to make short-term loans and approve, execute, and deliver appropriate evidence of such indebtedness, provided no such power is in conflict with the Constitution or general laws of this state; and (11) To do all things necessary or convenient to carry out the powers expressly given in this Act.
SECTION 6. Revenue bonds.
The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created by this Act is authorized to provide by resolution for the issuance of negotiable revenue bonds of the authority for the purpose of paying all or any part of the cost as defined in this Act of any one or more projects. The principal of and interest on such revenue bonds shall be payable solely from the special fund provided in this Act for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates per annum, payable at such time or times, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by 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 7. Revenue bonds; 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 ofthe bonds and the place or places of payment of principal and interest thereon, which may be at any bank or trust company inside or outside the state. The bonds may be issued in coupon or registered form, or both, as the authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest.
4386
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 8. Revenue bonds; signatures; seal.
In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. All such bonds shall be signed by the chairperson of the authority and the official seal of the authority shall be affixed thereto and attested by the secretary of the authority and any coupons attached thereto shall bear the facsimile signatures of the chairperson and the secretary of the authority. Any coupon may bear the facsimile signatures of such persons and any bond may be signed, sealed, and attested on behalf of the authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such person may not have been so authorized or shall not have held such office.
SECTION 9. Revenue bonds; negotiability; exemption from taxation.
All revenue bonds issued under the provisions ofthis Act shall have and are declared to have all the qualities and incidents of negotiable instruments under the laws of this state. Such bonds, their transfer, and the income therefrom shall be exempt from all taxation within this state.
SECTION 10. Revenue bonds; sale; price; proceeds.
The authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the authority. The proceeds derived from the sale of such bonds shall be used solely for the purpose or purposes provided in the resolutions and proceedings authorizing the issuance of such bonds.
SECTION 11. Revenue bonds; interim receipts and
certificates or temporary bonds.
Prior to the preparation of any definitive bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter.
GEORGIA LAWS 2008 SESSION
SECTION 12. Revenue bonds; replacement of lost or mutilated bonds.
4387
The authority may provide for the replacement of any bonds or coupons which shall become mutilated or be destroyed or lost.
SECTION 13. Revenue bonds; conditions precedent to issuance.
Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions, and things which are specified or required by this Act. In the discretion ofthe authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special meeting of the authority by a majority of its members.
SECTION 14. Credit not pledged.
Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of Brantley County nor a pledge of the faith and credit of said county; but such bonds shall be payable solely from the fund provided for in this Act and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate said county to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. All such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section.
SECTION 15. Trust indenture as security.
In the discretion of the authority, any issuance of such revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company inside or outside the state. Such trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property, the construction ofthe project, the maintenance, operation, repair, and insuring ofthe project,
4388
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and the custody, safeguarding, and application of all moneys, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the authority, and satisfactory to the original purchasers of the bonds issued therefor, and may also require that the security given by contractors and by any depository 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 ofthe 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 16. To whom proceeds of bonds shall be paid.
In the resolution providing for the issuance of revenue bonds or in the trust indenture, the authority shall provide for the payment ofthe proceeds of the sale ofthe bonds to any officer or person who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes of this Act, subject to such regulations as this Act and such resolution or trust indenture may provide.
SECTION 17. Sinking fund.
The revenues, fees, tolls, and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment ofthe principal and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or the trust instrument may provide. Such funds so pledged from whatever source received, including funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund which shall be pledged to and charged with the payment of:
(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;
GEORGIA LAWS 2008 SESSION
4389
(3) The necessary charges of paying agents for paying principal and interest and other investment charges; (4) Any premium upon bonds retired by call or purchase as provided in this Act; and (5) Any investment fees or charges. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance 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 ofthe resolution authorizing the issuance of the bonds or the trust indenture, any surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds, and any such bonds so purchased or redeemed shall forthwith be canceled and shall not again be issued.
SECTION 18. 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 resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of this state or granted under this Act or under such resolution or trust indenture and may enforce and 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 19. 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 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 authority in respect to the same shall be governed by the foregoing provisions of this Act insofar as the same may be applicable.
4390
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 20. Validation.
Bonds of the authority shall be confirmed and validated in accordance with the procedure of Article 3 ofChapter 82 of Title 36 ofthe O.C.G.A., known as the "Revenue Bond Law." The petition for validation shall also make party defendant to such action the State of Georgia or any municipality, county, authority, political subdivision, or instrumentality of the State of Georgia which has contracted with the authority for the services and facilities of the project for which bonds are to be issued and sought to be validated, and the state or such municipality, county, authority, political subdivision, or instrumentality shall be required to show cause, 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 Brantley County Airport Authority.
SECTION 21. 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 Brantley 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.
SECTION 22. Interest of bondholders protected.
While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of said authority or its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds. No other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interest and rights of the holders of such bonds, nor will the state itself so compete with the authority. The provisions of this Act shall be for the benefit of the authority and the holders of any such bonds, and, upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds.
GEORGIA LAWS 2008 SESSION
SECTION 23. Moneys received considered trust funds.
4391
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 24. Purpose of the authority.
Without limiting the generality of any provision of this Act, the general purpose of the authority is declared to be that of acquiring, constructing, equipping, maintaining, and operating an airport and the usual facilities related thereto, and improving of such facilities, acquiring parking facilities and parking areas in connection therewith, acquiring the necessary property therefor, both real and personal, and leasing or selling any or all of such facilities, including real property, and doing any and all things deemed by the authority to be necessary, convenient, or desirable for and incident to the efficient and proper development and operation of such types of undertaking.
SECTION 25. Rates, charges, and revenues; use.
The authority is authorized to prescribe and fix rates and to revise the same from time to time and to collect fees, tolls, and charges for the services, facilities, and commodities furnished and, in anticipation of the collection of the revenues of such undertaking or project, to issue revenue bonds as provided in this Act to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment, or extension of any project and to pledge to the punctual payment of said bonds and interest thereon, all or any part ofthe revenues of such undertaking or project, including the revenues of improvements, betterments, or extensions thereto thereafter made.
SECTION 26. Rules and regulations for operation of projects.
It shall be the duty of the authority to prescribe rules and regulations for the operation of the project or projects constructed or acquired under the provisions of this Act.
4392
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 27. Tort immunity.
The authority shall have the same immunity and exemption from liability for torts and negligence as Brantley 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 Brantley County as when in the performance of their public duties or work of such county.
SECTION 28. Powers declared supplemental and additional.
The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized by this Act, shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing.
SECTION 29. Effect on other governments.
This Act shall not and does not in any way take from Brantley County or any municipality located in any such county or any adjoining county the authority to own, operate, and maintain projects or to issue revenue bonds as is provided by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law."
SECTION 30. Liberal construction of Act.
This Act being for the welfare ofvarious political subdivisions ofthe state and its inhabitants shall be liberally construed to effect the purposes of this Act.
SECTION 31. Effective date.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 32. Repealer.
All laws and parts of laws in conflict with this Act are repealed.
GEORGIA LAWS 2008 SESSION
4393
NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2008 session of the General Assembly of Georgia a bill to create the Brantley County Airport Authority; and for other purposes.
This 28th day of February, 2008.
Honorable Mark Williams Representative, !78th District
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 Brantley Express which is the official organ of Brantley County on March 6, 2008, and that the notice requirements ofCode Section 28-1-14 have been met.
sf MARK WILLIAMS Mark Williams Representative, District 178
Sworn to and subscribed before me, this 1Oth day of March 2008.
sf DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 14, 2008.
4394
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BLECKLEY COUNTY- BLECKLEY COUNTY SCHOOL BUILDING AUTHORITY; CREATE.
No. 738 (House Bill No. 1312).
AN ACT
To create the B1eck1ey County School Building Authority and to authorize such authority to provide, acquire, construct, equip, maintain, and operate public service facilities, to acquire 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 and Bleckley 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 Bleckley 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 Bleckley 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 O.C.G.A., the "Revenue Bond Law"; to provide for construction; 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:
GEORGIA LAWS 2008 SESSION
SECTION 1. Short title.
4395
This Act shall be known and may be cited as the "Bleckley County School Building Authority Act."
SECTION 2. Bleckley County School Building Authority.
(a) There is hereby created a public body corporate and politic to be known as the "Bleckley County School Building Authority," which shall be deemed to be a political subdivision of the state and a public corporation, and by that name, style, and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity 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 O.C.G .A., 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 five members who shall be appointed by the governing authority of the Bleckley County School District. Each member shall serve a term of four years, except that two of the initial members appointed by the governing body shall serve an initial term of two years. Thereafter, all appointments shall be made for terms of four years and until successors are appointed and qualified. Immediately after such appointments, the members of the authority shall enter upon their duties. 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 Bleckley 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: "You do solemnly swear or affirm that you will diligently and
4396
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
honestly administer the affairs of the Bleckley County School Building Authority which have been entrusted to you and that you will not knowingly violate or willingly permit to be violated any law applicable to the Authority; that you are not the holder of any unaccounted for public money due this state or any political subdivision thereof; that you are not the holder of any office of trust under the government of the United States, any other state, or any foreign state which you are by the laws of the State of Georgia prohibited from holding; that you are otherwise qualified to hold said office according to the Constitution and laws of Georgia; and that you will support the Constitution of the United States and of this State." (e) The governing authority of the Bleckley 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 ofthe 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) Three members ofthe 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 ofthis 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 of providing buildings, facilities, and services for the officers, agents, students, teachers, patrons and employees of the Bleckley County School District.
SECTION 4. Definitions.
As used in this Act, the term: (1) 'Authority' means the Bleckley County School Building Authority created by this Act. (2) 'Costs ofthe project' means and embraces the cost of construction; the cost ofall lands, properties, rights, easements, and franchises acquired; the cost of all machinery and
GEORGIA LAWS 2008 SESSION
4397
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 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 Bleckley County School District. (4) 'Revenue Bond Law' means the Revenue Bond Law of the State of Georgia, codified at Article 3 of Chapter 82 of Title 36 ofthe O.C.G.A., as amended, or any other similar law hereinafter enacted. (5) 'Revenue bonds' means revenue bonds authorized to be issued pursuant to this Act. (6) 'Self-liquidating' means any project from which the revenues and earnings to be derived by the authority therefrom, including but not limited to any contractual payments with governmental or private entities, and all properties used, leased, and sold in connection therewith, together with any grants, will be sufficient to pay the costs 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: (1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, gift, or otherwise and to hold, operate, maintain, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase on such terms and conditions and in such manner as it may deem proper, 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
4398
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
encumbrance. If the authority shall deem it expedient to construct any project on lands which are subject to the control of the Bleckley 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 Bleckley County School District, taking into consideration the public benefit to be derived from such conveyance; (4) To exercise the powers conferred upon a "public corporation" or "public authority" by Article IX, Section III, Paragraph I of the Constitution of Georgia, such authority being hereby expressly declared to be a "public corporation" or "public authority" within the meaning of such provision of the Constitution of Georgia; (5) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and fix their respective compensations; (6) To execute contracts, leases, agreements, and instruments necessary or convenient in connection with the acquisition, construction, addition, extension, improvement, equipping, operation, or maintenance of the Project; and any and all persons, firms, corporations and the and Bleckley County School District is 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 the State or any agency or instrumentality or other political subdivision thereof or from any other source whatsoever; (9) To accept loans or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may require; (10) To accept loans or grants of money or materials or property of any kind from the State or any agency or instrumentality or political subdivision thereof upon such terms and conditions as the State or such agency or instrumentality or political subdivision may require; (II) 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 Bleckley 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 of any 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;
GEORGIA LAWS 2008 SESSION
4399
(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.
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 the State. All revenue bonds and their transfer and the income therefrom shall be exempt from all taxation within the State.
SECTION 8. 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 through negotiated or public sale, and 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.
4400
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 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 11. Same; credit not pledged.
Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the State or any political subdivision thereof, nor a pledge of the faith and credit thereof; but such bonds shall be payable solely from the rentals, revenues, earnings, and funds of the authority as provided in the resolution or trust agreement or indenture authorizing the issuance and securing the payment of such bonds; and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the 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 fact covering substantially the foregoing provisions of this section. However, any 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 12. Same; 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
GEORGIA LAWS 2008 SESSION
4401
company or bank having the powers of a trust company within or outside the State. Either the resolution providing for the issuance of the revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition and construction of the project, the maintenance, operation, repair, and insuring of the project, and the custody, safeguarding, and application of all moneys.
SECTION 13. Same; to whom proceeds of bonds shall be paid.
ln 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 14. Same; 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 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.
4402
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 15. Same; remedies of bondholders.
Any holder ofrevenue bonds or any ofthe coupons appertaining thereto and the trustee under the trust indenture, if any, except to the extent the rights given in this Act may be restricted by resolution passed before the issuance ofthe revenue bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State, including specifically but without limitation, the Revenue Bond Law, or granted under this Act or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture to be performed by the authority or any officer thereof, including the fixing, charging, and collecting ofrevenues, fees, tolls, fines, and other charges for the use of the facilities and services furnished.
SECTION 16. Same; validation.
Revenue bonds of the authority shall be confirmed and validated in accordance with the procedures set forth in 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 or any department or agency thereof, 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. 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 adjudicated as part of the basis of the security for the payment of any such revenue bonds of the authority. The revenue bonds when validated, and the judgment of validation, shall be final and conclusive with respect to such bonds, 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 17. Same; 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 Bleckley County, Georgia, and any action pertaining to validation of any revenue bonds issued under the
GEORGIA LAWS 2008 SESSION
4403
provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions.
SECTION 18. Same; interest of bondholders protected.
While any of the revenue bonds issued by the authority remain outstanding, the powers, duties, or existence of said authority or its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such revenue bonds, and no other entity, department, agency, or authority shall be created which will compete with the authority to such an extent as to affect adversely the interest and rights of the holders of such revenue bonds nor shall the State itself so compete with the authority. The provisions of this Act shall be for the benefit ofthe 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 19. 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 20. Rates, charges, and revenues; use.
The authority is authorized to prescribe and fix rates and to revise same from time to time and to collect revenues, tolls, fees, and charges for the services, facilities, and commodities furnished and, in anticipation of the collection of the revenues, to issue revenue bonds or other types of obligations as provided in this Act to finance, in whole or in part, the costs of the project and to pledge to the punctual payment of said revenue bonds or other obligations all or any part of the revenues.
SECTION 21. 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 ofthis Act, including the basis upon which educational services and facilities and other public services and facilities shall be furnished. The authority may adopt bylaws.
4404
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 22. 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 Bleckley 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 Bleckley County School District in the performance of their public duties or work of the Bleckley County School District.
SECTION 23. Property not subject to levy and sale.
The property of the authority shall not be subject to levy and sale under legal process.
SECTION 24. Tax-exempt status of authority.
The creation of the authority and the carrying out of its corporate purpose shall be a public purpose and in all respects for the benefit of the people of this state. 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. The authority will be performing an essential governmental function in the exercise of the power conferred upon it by this Act and the authority shall be required to pay no taxes or assessments upon any of the property acquired or leased by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation or maintenance of the buildings erected or acquired by it or any fees, rentals, or other charges for the use of such buildings or other income received by the authority and that the bonds of the authority and the income therefrom shall at all times be exempt from taxation within any municipality or county or the State or any political subdivision thereof.
SECTION 25. Effect on other governments.
This Act shall not and does not in any way take from Bleckley County, or any county or municipality the authority to own, operate, and maintain facilities or to issue revenue bonds as provided by the Revenue Bond Law.
GEORGIA LAWS 2008 SESSION
SECTION 26. Liberal construction of Act.
4405
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 27. Scope of operations.
The scope of the authority's operation shall be limited to the territory embraced within Bleckley County.
SECTION 28. General repealer.
All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Pursuant to the provisions ofO.C.G .A. 28-1-14, notice is hereby given that application will be made to the 2008 session ofthe General Assembly ofGeorgia to enact legislation to create a political subdivision of the State and a body corporate and politic to be know as the Bleckley County School Building Authority; to provide for related matters; and for other purposes.
This 4th day of February, 2008.
WILLIAM R. ROWE Superintendent, Bleckley County School District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jimmy Pruett, who on oath deposes and says that he is the Representative from District 144 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Cochran Journal which is the official organ of Bleckley County on February 5, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JIMMY PRUETT Jimmy Pruett Representative, District 144
4406
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 20th day of February 2008.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 14, 2008.
CITY OF COCHRAN- COCHRAN MUNICIPAL AIRPORT AUTHORITY; CREATE.
No. 739 (House Bill No. 1440).
AN ACT
To create the Cochran Municipal Airport Authority; to provide for a short title and legislative findings; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, organization, meetings, and expenses; to prohibit authority employees and members from having certain interests; to provide for definitions; to provide for revenue bonds and their form, signatures thereon, negotiability, sale, and use of proceeds from such sales; to provide for interim documents and for lost or mutilated documents; to provide for condition for issuance; to prohibit the pledge of credit for the payment of bonds; to provide for trust indentures and sinking fund; to provide for payment of bond proceeds; to provide for bondholder remedies and protection; to provide for refunding bonds; to provide for bond validation; to provide for venue and jurisdiction; to provide for trust funds; to provide for authority purpose; to provide for charges; to provide for rules and regulations; to provide for tort immunity; to provide for tax exemptions; to provide for supplemental powers; to provide for effect on other governments; to provide for liberal construction; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
GEORGIA LAWS 2008 SESSION
SECTION 1. Short title.
4407
This Act shall be known and may be cited as the "Cochran Municipal Airport Authority Act."
SECTION 2. Legislative findings.
The General Assembly determines and finds that there is a present and projected growth in commercial and private air traffic in the Bleckley County area. There is the need for adequate airports safely and efficiently to serve the air transportation needs of this state and Bleckley County, the need to eliminate airport hazards, and the need to raise capital for the establishment, operation, and maintenance of present and future airports. The General Assembly further determines and finds thatthe establishment ofan authority is necessary and essential to ensure the welfare, safety, and convenience of citizens of the region and the entire state and to ensure the proper economic development of the region and the entire state.
SECTION 3. Cochran Municipal Airport Authority.
(a) There is created a body corporate and politic, to be known as the "Cochran Municipal Airport 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 bring and defend actions in all courts. The authority shall have perpetual existence. (b) The authority shall consist of seven members who shall be residents of Bleckley County. Four of the members shall be appointed by the governing authority of the City of Cochran for terms of office of four years each. Three of the members shall be appointed by the governing authority of the City of Cochran for terms of office of three years each. Members of the authority shall serve the terms specified and until their respective successors are appointed and qualified. Any member of the authority may be selected and appointed to succeed himself or herself. After such appointment, the members of such authority shall enter upon their duties. Any vacancy on the authority shall be filled in the same manner as was the original appointment of the member whose term of membership resulted in such vacancy and the person so selected and appointed shall serve for the remainder of the unexpired term. The members of the authority shall be reimbursed for all actual expenses incurred in the performance of their duties out of funds of the authority. The authority shall make rules and regulations for its own government. It shall have perpetual existence. (c) To be eligible for appointment as a member of the authority, a person shall be at least 21 years of age and have been a resident of Bleckley County for at least one year prior to the date of such person's appointment and shall not have been convicted of a felony.
4408
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(d) The members of the authority shall in April of each year elect one of their number as chairperson. Also, the members of the authority shall elect one of their number as vice chairperson, shall also elect one of their number as secretary, and may also elect one of their number as treasurer. The secretary may also serve as treasurer. Each of such officers shall serve for a period of one year and until their successors are duly elected and qualified. The chairperson of the authority shall be entitled to vote upon any issue, motion, or resolution. (e) A majority of the members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the authority. (f) A vacancy on the authority shall exist in the office of any member of the authority who is convicted of a felony or who enters a plea of nolo contendere thereto; who is convicted of a crime involving moral turpitude or who enters a plea of nolo contendere thereto; who moves such person's residence from the county; who is convicted of any act of misfeasance, malfeasance, or nonfeasance of such person's duties as a member of the authority; or who fails to attend any regular or special meeting of the authority for a period of three months without an excuse approved by a resolution of the authority. (g) All meetings of the authority, regular or special, shall be open to the public. The authority may hold public hearings on its own initiative or at the request of residents of Bleckley County or residents of any area affected by the actions of the authority. (h) No member or employee of the authority shall have, directly or indirectly, any financial interest, profit, or benefit in any contract, work, or business of the authority nor in the sale, lease, or purchase of any property to or from the authority except by approval of the majority of the mayor and council of the City of Cochran.
SECTION 4. Definitions.
(a) As used in this Act, the term: (I) "Airport" means any area of land or structure which is or has been used or which the authority may plan to use for the landing and taking off of commercial, private, and military aircraft, including helicopters; all buildings, equipment, facilities, or other property and improvements of any kind or nature located within the bounds of any such land area or structure which are or have been used or which the authority may plan to use for terminal facilities; all facilities of any type for the accommodation of passengers, maintenance, servicing, and operation of aircraft, business offices and facilities of private businesses and governmental agencies, and the parking of automobiles; and all other activities which are or have been carried on or which may be necessary or convenient in conjunction with the landing and taking off of commercial, private, and military aircraft including all lands currently owned by the City of Cochran or Bleckley County currently in use for airport purposes. (2) "Authority" means the Cochran Municipal Airport Authority created by this Act.
GEORGIA LAWS 2008 SESSION
4409
(3) "Cost of the project" means and embraces the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment, financing charges, interest prior to and during construction and for one year after completion of construction; the cost of engineering, architectural, fiscal agents', and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing authorized in this Act; the cost of the acquisition or construction of any project; the cost of placing any project in operation; and the cost of condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project. (4) "Project" shall be deemed to mean and include the acquisition, construction, equipping, maintenance, and operation of an airport and the usual facilities related thereto. (5) "Revenue bonds" and "bonds" mean revenue bonds as defined and provided for in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," and such type of obligations may be issued by the authority as authorized under said Revenue Bond Law and any amendments thereto and, in addition, shall also mean obligations of the authority, the issuance of which are hereinafter specifically provided for in this Act. (b) Any project shall be deemed "self-liquidating" if, in the judgment of the authority, the revenues and earnings to be derived by the authority therefrom and all facilities used in connection therewith will be sufficient to pay the costs of operating, maintaining, repairing, improving, and extending the project and to pay the principal of and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects.
SECTION 5. Powers.
The authority shall have the power: (1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes and to plan, acquire, establish, develop, construct, enlarge, improve, maintain, equip, and lease all airports which shall come under the control of the authority under the provisions ofthis Act or which it may acquire or plan to acquire; to regulate, protect, and police such airports and all related activities and facilities; to enter into any contracts, leases, or other agreements, promulgate any orders, set any tolls, fees, or other charges for the use of property or services ofthe authority and collect and use same as necessary to operate the airports under control of the authority; and to accomplish any purposes of this Act and make any purchases or sales necessary for such purposes; except that the authority may not acquire
4410
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
any airport of any county, municipality, or combination thereof unless such county and municipality agree to pay to the authority, so long as it operates such airport, at least the amount ofairport operating expenses funded by taxes, fees, and assessments ofsuch county and municipality immediately prior to such acquisition. (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property, or rights or easements therein, or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue, and to lease or make contracts with respect to the use of, or dispose of the same in any manner it deems to be to the best advantage of the authority, the authority being under no obligation to accept and pay for any property condemned under this Act except from the funds provided under the authority 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 be deposited in trust to pay and redeem the fair value of such lien or encumbrance; (4) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and to fix their respective compensations; (5) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be constructed, erected, or acquired. Any and all persons, firms, and corporations and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable; and, without limiting the generality of the foregoing, authority is specifically granted to municipal corporations, counties, and other political subdivisions and to the authority to enter into contracts, lease agreements, or other undertakings with each other relating to projects of the authority for a term not exceeding 50 years. Likewise, without limiting the generality of the above and foregoing, the same authority above granted to municipal corporations, counties, political subdivisions, and to the authority relative to entering into contracts, lease agreements, or other undertakings is authorized between the authority and private corporations, both inside and outside this state, and between the authority and public bodies, including counties and cities outside this state; (6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, as defined in this Act, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the authority or from such proceeds and any grant or contribution from the United States of America or any
GEORGIA LAWS 2008 SESSION
4411
agency or instrumentality thereof or from the State of Georgia or any agency or instrumentality thereof; (7) To accept loans and grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may require; (8) To accept loans and grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may require; (9) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose and to provide for the payment of the same and for the rights of the holders thereof; (1 0) To exercise any power usually possessed by private corporations performing similar functions, including the power to make long or short-term loans, to give deeds to secure debt on real property, security agreements on personal property or any other security instruments and approve, execute, and deliver appropriate evidence of such indebtedness, provided no such power is in conflict with the Constitution or general laws of this state; and (11) To do all things necessary or convenient to carry out the powers expressly given in this Act.
SECTION 6. Revenue bonds.
The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created by this Act is authorized to provide by resolution for the issuance of negotiable revenue bonds of the authority for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal of and interest on such revenue bonds shall be payable solely from the special fund provided in this Act for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates per annum, payable at such time or times, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution for the issuance of bonds.
4412
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 7. Revenue bonds; 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 the state. The bonds may be issued in coupon or registered form, or both, as the authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest.
SECTION 8. Revenue bonds; signatures; seal.
In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. All such bonds shall be signed by the chairperson of the authority and the official seal of the authority shall be affixed thereto and attested by the secretary of the authority and any coupons attached thereto shall bear the facsimile signatures of the chairperson and the secretary of the authority. Any coupon may bear the facsimile signatures of such persons and any bond may be signed, sealed, and attested on behalf of the authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such person may not have been so authorized or shall not have held such office.
SECTION 9. Revenue bonds; negotiability; exemption from taxation.
All revenue bonds issued under the provisions ofthis Act shall have and are declared to have all the qualities and incidents of negotiable instruments under the laws of this state. Such bonds, their transfer, and the income therefrom shall be exempt from all taxation within this state.
SECTION 10. Revenue bonds; sale; price; proceeds.
The authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the authority. The proceeds derived from the sale of such bonds shall be used solely for the purpose or purposes provided in the resolutions and proceedings authorizing the issuance of such bonds.
GEORGIA LAWS 2008 SESSION
SECTION 11. Revenue bonds; interim receipts and certificates or temporary bonds.
4413
Prior to the preparation of any definitive bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter.
SECTION 12. Revenue bonds; replacement of lost or mutilated bonds.
The authority may provide for the replacement of any bonds or coupons which shall become mutilated or be destroyed or lost.
SECTION 13. Revenue bonds; conditions precedent to issuance.
Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions, and things which are specified or required by this Act. In the discretion 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 meeting of the authority by a majority of its members.
SECTION 14. Credit not pledged.
Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the City of Cochran or Bleckley County nor a pledge of the faith and credit of said city or county; but such bonds shall be payable solely from the fund hereinafter provided for and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate said city or county to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. All such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section.
SECTION 15. 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
4414
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
company or bank having the powers of a trust company inside or outside the state. Such trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property, the construction 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 of the 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 a part of the cost of maintenance, operation, and repair of the project affected by such indenture.
SECTION 16. To whom proceeds of bonds shall be paid.
In the resolution providing for the issuance of revenue bonds or in the trust indenture, the authority shall provide for the payment ofthe proceeds of the sale ofthe bonds to any officer or person who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes of this Act, subject to such regulations as this Act and such resolution or trust indenture may provide.
SECTION 17. Sinking fund.
The revenues, fees, tolls, and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment ofthe principal and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or the trust
GEORGIA LAWS 2008 SESSION
4415
instrument may provide. Such funds so pledged from whatever source received, including funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund which shall be pledged to and charged with the payment of:
(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 agents for paying principal and interest and other investment charges; (4) Any premium upon bonds retired by call or purchase as provided in this Act; and (5) Any investment fees or charges. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance 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 ofthe resolution authorizing the issuance of the bonds or the trust indenture, any surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds, and any such bonds so purchased or redeemed shall forthwith be canceled and shall not again be issued.
SECTION 18. 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 resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of this state or granted under this Act or under such resolution or trust indenture and may enforce and 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 19. Refunding bonds.
The authority is authorized to provide by resolution for the issuance ofbonds ofthe authority for the purpose of funding or refunding any revenue bonds issued under the provisions ofthis 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
4416
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
rights of the holders thereof, and the duties of the authority in respect to the same shall be governed by the foregoing provisions of this Act insofar as the same may be applicable.
SECTION 20. Validation.
Bonds of the authority shall be confirmed and validated in accordance with the procedure of Article 3 of Chapter 82 of Title 36 ofthe O.C.G.A., known as the "Revenue Bond Law." The petition for validation shall also make party defendant to such action the State of Georgia or any municipality, county, authority, political subdivision, or instrumentality of the State of Georgia which has contracted with the authority for the services and facilities of the project for which bonds are to be issued and sought to be validated, and the state or such municipality, county, authority, political subdivision, or instrumentality shall be required to show cause, if any exists, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the contract or contracts adjudicated as a part of the basis for the security for the payment of any such bonds of the authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such bonds, and the security for the payment thereof and interest thereon and against the authority issuing the same and the state and any municipality, county, authority, political subdivision, or instrumentality, if a party to the validation proceedings, contracting with the Cochran Municipal Airport Authority.
SECTION 21. 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 Bleckley 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.
SECTION 22. Interest of bondholders protected.
While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of said authority or its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds. No other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interest and rights of the holders of such bonds, nor will the state itself so compete with the authority. The provisions of this Act shall be for the benefit of the authority and the holders of any such
GEORGIA LAWS 2008 SESSION
4417
bonds, and, upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds.
SECTION 23. Moneys received considered trust funds.
All moneys received pursuant to the authority of this Act, whether as proceeds from the sale ofrevenue 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 24. Purpose of the authority.
Without limiting the generality of any provision of this Act, the general purpose of the authority is declared to be that of acquiring, constructing, equipping, maintaining, and operating an airport and the usual facilities related thereto, and improving of such facilities, acquiring parking facilities and parking areas in connection therewith, acquiring the necessary property therefor, both real and personal, and leasing or selling any or all of such facilities, including real property, and doing any and all things deemed by the authority to be necessary, convenient, or desirable for and incident to the efficient and proper development and operation of such types of undertaking.
SECTION 25. Rates, charges, and revenues; use.
The authority is authorized to prescribe and fix rates and to revise the same from time to time and to collect fees, tolls, and charges for the services, facilities, and commodities furnished and, in anticipation of the collection of the revenues of such undertaking or project, to issue revenue bonds as herein provided to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment, or extension of any project and to pledge to the punctual payment of said bonds and interest thereon, all or any part of the revenues of such undertaking or project, including the revenues of improvements, betterments, or extensions thereto thereafter made.
SECTION 26. Rules and regulations for operation of projects.
It shall be the duty of the authority to prescribe rules and regulations for the operation of the project or projects constructed or acquired under the provisions of this Act.
4418
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 27. Tort immunity.
The authority shall have the same immunity and exemption from liability for torts and negligence as the City of Cochran; 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 Cochran when in the performance of their public duties or work of the city.
SECTION 28. Tax exemption.
It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purpose is in all respects for the benefit ofthe people of this state and that the authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this Act, and this state covenants with the holders of the bonds that the authority shall not be required to pay any taxes or assessments upon any of the property acquired or leased by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation or maintenance of the projects erected by it or any rates, fees, tolls, or other charges for the use of such projects or other income received by the authority, and that the bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within this state. The exemption from taxation provided for in this section shall not extend to tenants or lessees of the authority and shall not include exemptions from sales and use taxes on property purchased by the authority or for use by the authority.
SECTION 29. Powers declared supplemental and additional.
The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized by this Act, shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing.
SECTION 30. Effect on other governments.
This Act shall not and does not in any way take from Bleckley County or any municipality located therein or any adjoining county the authority to own, operate, and maintain projects or to issue revenue bonds as is provided by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law."
GEORGIA LAWS 2008 SESSION
SECTION 31. Liberal construction of Act.
4419
This Act being for the welfare ofvarious political subdivisions ofthe state and its inhabitants shall be liberally construed to effect the purposes of this Act.
SECTION 32. Effective date.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 33. 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 2008 session of the General Assembly of Georgia a bill to create the Cochran Municipal Airport Authority, to provide for a short title and legislative findings; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, organization, meetings, and expenses; to prohibit authority employees and members from having certain interests; to provide for definitions; to provide for revenue bonds and their form, signatures thereon, negotiability, sale, and use of proceeds from such sales; to provide for interim documents and for lost or mutilated documents; to provide for condition for issuance; to prohibit the pledge of credit for the payment of bonds, to provide for trust indentures and sinking fund; to provide for payment of bond proceeds; to provide for bondholder remedies and protection; to provide for refunding bonds; to provide for bond validation; to provide for venue and jurisdiction; to provide for trust funds; to provide for authority purpose; to provide for charges; to provide for rules and regulations; to provide for tort immunity; to provide for tax exemptions; to provide for supplemental powers; to provide for effect on other governments; to provide for liberal construction; to provide for an effective date; to repeal conflicting laws; and for other purposes.
This 29th day of February, 2008
Representative Jimmy Pruett 144 District
4420
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jimmy Pruett, who on oath deposes and says that he is the Representative from District 144 and further deposes and says that the attached Notice oflntention to Introduce Local Legislation was published in the Cochran Journal which is the official organ of Bleckley County on March 4, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JIMMY PRUETT Jimmy Pruett Representative, District 144
Sworn to and subscribed before me, this II th day of March 2008.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 14, 2008.
HEART OF GEORGIA REGIONAL AIRPORT AUTHORITY- REVENUE BONDS; INCLUDE OTHER OBLIGATIONS.
No. 740 (House Bill No. 1444).
AN ACT
To amend an Act creating the Heart of Georgia Regional Airport Authority, approved April 18, 1995 (Ga. L. 1995, p.4448), so as to provide that such authority's ability to use revenue bonds shall also include other obligations; to provide definitions; to provide for the reference to obligations throughout the Act; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
GEORGIA LAWS 2008 SESSION
4421
SECTION 1. An Act creating the Heart of Georgia Regional Airport Authority, approved April 18, 1995 (Ga. L. 1995, p.4448), is amended by revising Section 4 as follows:
'SECTION 4. Definitions.
(a) As used in this Act, the term: (I) 'Airport' means any area of land or structure which is or has been used or which the authority may plan to use for the landing and taking off of commercial, private, and military aircraft, including helicopters; all buildings, equipment, facilities, or other property and improvements of any kind or nature located within the bounds of any such land area or structure which are or have been used or which the authority may plan to use for terminal facilities; all facilities of any type for the accommodation of passengers, maintenance, servicing, and operation of aircraft, business offices and facilities ofprivate businesses and governmental agencies, and the parking of automobiles; and all other activities which are or have been carried on or which may be necessary or convenient in conjunction with the landing and taking off of commercial, private, and military aircraft including all land originally acquired by the City of Eastman and Dodge County for the establishment of a county and municipal airport, and any land to be deeded to the City of Eastman or Dodge County for airport use, including, without limitation, aviation easements, and other real or personal property. (2) 'Authority' means the Heart of Georgia Regional Airport Authority created by this Act. (3) 'Cost of the project' means and embraces the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost ofall machinery and equipment, financing charges, interest prior to and during construction and for one year after completion ofconstruction; the cost ofengineering, architectural, fiscal agents, 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 in this Act; the cost of the acquisition or construction of any project; the cost of placing any project in operation; and the cost of condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such outofthe proceeds of revenue bonds or other obligations issued under the provisions of this Act for such project. (4) 'Other obligations' means debt obligations of the authority other than revenue bonds and includes, without limitation, long-term notes and short-term notes.
4422
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(5) 'Project' shall be deemed to mean and include the acquisition, construction, equipping, maintenance, and operation of an airport and the usual facilities related thereto. (6) 'Revenue bonds' and 'bonds' mean revenue bonds as defined and provided for in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the 'Revenue Bond Law,' and such type of obligations may be issued by the authority as authorized under said Revenue Bond Law and any amendments thereto and, in addition, shall also mean obligations of the authority, the issuance of which are hereinafter specifically provided for in this Act. (b) Any project shall be deemed 'self-liquidating' if, in the judgment of the authority, the revenues and earnings to be derived by the authority therefrom and from all other available sources will be sufficient to pay the costs of operating, maintaining, repairing, improving, and extending the project and to pay the principal of and interest on the revenue bonds and other obligations which may be issued to finance, in whole or in part, the cost of such project or projects."
SECTION 2. Said Act is further amended by revising paragraphs (6) through (10) of Section 5 as follows:
"(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 obligations of the authority or from such proceeds and any grant or contribution from the United States of America or any agency or instrumentality thereof or from the State of Georgia or any agency or instrumentality thereof; (7) To 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 ofAmerica or such agency or instrumentality may require and to evidence any such loans with revenue bonds or other obligations of the authority; (8) To accept loans and grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may require and to evidence any such loans with revenue bonds or other obligations of the authority; (9) To borrow money for any of its corporate purposes and to issue revenue bonds or other obligations 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; and (1 0) To exercise any power usually possessed by private corporations performing similar functions, including the power to make or incur long-term and short-term loans and to approve, execute, and deliver revenue bonds or other obligations to evidence such indebtedness, provided no such power is in conflict with the Constitution or general laws of this state."
GEORGIA LAWS 2008 SESSION
4423
SECTION 3. Said Act is further amended by revising Section 6 as follows:
"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, is authorized to provide by resolution for the issuance of negotiable revenue bonds or other obligations of the authority for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal of and interest on such revenue bonds or other obligations shall be payable solely from the special fund provided in this Act for such payment. The bonds or other obligations 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 bonds or other obligations."
SECTION 4. Said Act is further amended by revising Section 7 as follows:
'SECTION 7. Revenue bonds; form, denomination; registration; place of payment.
The authority shall determine the form of the bonds or other obligations, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds or other obligations and the place or places of payment of principal and interest thereon, which may be at any bank or trust company inside or outside the state. The bonds may be issued in coupon or registered form, or both, as the authority may determine, and provision may be made for the registration of any coupon bond or other obligations as to principal alone !!nd also as to both principal and interest."
SECTION 5. Said Act is further amended by revising Section 8 as follows:
4424
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"SECTION 8. Revenue bonds; signatures; seal.
In case any officer whose signature shall appear on any bonds or other obligations or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds or other obligations, 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 or other obligations shall be signed by the chairperson of the authority and the official seal of the authority shall be affixed thereto and attested by the secretary of the authority and any coupons attached thereto shall bear the facsimile signatures of the chairperson and the secretary of the authority. Any coupon may bear the facsimile signatures of such persons and any bond or other obligation may be signed, sealed, and attested on behalf of the authority by such persons as at the actual time of the execution of such bonds or other obligations shall be duly authorized or hold the proper office, although at the date of such bonds or other obligations such person may not have been so authorized or shall not have held such office.'
SECTION 6. Said Act is further amended by revising Section 9 as follows:
'SECTION 9. Revenue bonds; negotiability; exemption from taxation.
All revenue bonds or other obligations issued under the provisions of this Act shall have and are declared to have all the qualities and incidents of negotiable instruments under the laws ofthis state. Such bonds or other obligations, their transfer, and the income therefrom shall be exempt from all taxation within this state.'
SECTION 7. Said Act is further amended by revising Section 10 as follows:
'SECTION 10. Revenue bonds; sale; price; proceeds.
The authority may sell such bonds or other obligations 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 or other obligations shall be used solely for the purpose or purposes provided in the resolutions and proceedings authorizing the issuance of such bonds or other obligations.'
GEORGIA LAWS 2008 SESSION
4425
SECTION 8. Said Act is further amended by revising Section 11 as follows:
'SECTION 11. Revenue bonds; interim receipts and certificates or temporary bonds.
Prior to the preparation of any definitive bonds or other obligations, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds or other obligations, with or without coupons, exchangeable for definitive bonds or other obligations upon the issuance of such bonds or other obligations.'
SECTION 9. Said Act is further amended by revising Section 12 as follows:
'SECTION 12. Revenue bonds; replacement of lost or mutilated bonds.
The authority may provide for the replacement of any bonds or other obligations or coupons which shall become mutilated or be destroyed or lost.
SECTION 10. Said Act is further amended by revising Section 13 as follows:
'SECTION 13. Revenue bonds; conditions precedent to issuance.
Such revenue bonds or other obligations 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 or other obligations of a single issue may be issued for the purpose of any particular project. Any resolution providing for the issuance of revenue bonds or other obligations under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special meeting of the authority by a majority of its members.'
SECTION 11. Said Act is further amended by revising Section 14 as follows:
4426
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
nSECTION 14. Credit not pledged.
Revenue bonds or other obligations issued under the provisions of this Act shall not be deemed to constitute a debt of the City of Eastman or Dodge County nor a pledge of the faith and credit of said city or county; but such bonds or other obligations shall be payable solely from the fund hereinafter provided for and the issuance of such revenue bonds or other obligations shall not directly, indirectly, or contingently obligate said city or county to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. All such bonds or other obligations shall contain recitals on their face covering substantially the provisions of this section.0
SECTION 12. Said Act is further amended by revising Section 15 as follows:
nSECTION 15. Trust indenture as security.
In the discretion of the authority, any issuance of such revenue bonds or other obligations may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company inside or outside the state. Such trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the authority. Either the resolution providing for the issuance of revenue bonds or other obligations or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders or those holding any obligations as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair, and insuring of the project, and the custody, safeguarding, and application ofall moneys, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the authority, and satisfactory to the original purchasers of the bonds or other obligations 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, ifany, upon which additional revenue bonds or other obligations 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 other obligations or pledge such securities as may be required by the authority. Such indenture may set forth the rights and remedies of the bondholders or those holding any obligations and of the trustee and may restrict the individual right of action of bondholders or those holding any obligations as is customary in trust indentures securing
GEORGIA LAWS 2008 SESSION
4427
bonds or other obligations 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 or those holding any obligations. 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 13. Said Act is further amended by revising Section 16 as follows:
'SECTION 16. To whom proceeds of bonds shall be paid.
In the resolution providing for the issuance of revenue bonds or other obligations or in the trust indenture, the authority shall provide for the payment of the proceeds of the sale of the bonds or other obligations to any officer or person who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes of this Act, subject to such regulations as this Act and such resolution or trust indenture may provide.'
SECTION 14. Said Act is further amended by revising Section 17 as follows:
'SECTION 17. Sinking fund.
The revenues, fees, tolls, and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds or other obligations 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 or other obligations of the authority as the resolution authorizing the issuance ofthe bonds or other obligations or the trust instrument may provide. Such funds so pledged from whatever source received, including funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund which shall be pledged to and charged with the payment of:
(1) The interest upon such revenue bonds or other obligations as such interest shall fall due; (2) The principal of the bonds or other obligations as the same shall fall due; (3) The necessary charges of paying agents for paying principal and interest and other investment charges;
4428
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(4) Any premium upon bonds or other obligations retired by call or purchase as provided in this Act; and (5) Any investment fees or charges. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or other obligations 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 or other obligations without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or other obligations or the trust indenture, any surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds or other obligations, and any such bonds or other obligations so purchased or redeemed shall forthwith be canceled and shall not again be issued.
SECTION 15. Said Act is further amended by revising Section 18 as follows:
sECTION 18. Remedies of holders of bonds or any other obligations.
Any holder of revenue bonds or other obligations issued under the provisions of this Act or any of the coupons appertaining thereto and the trustee under the trust indenture, if any, except to the extent the rights given in this Act may be restricted by resolution passed before the issuance of the bonds or other obligations or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of this state or granted under this Act or under such resolution or trust indenture and may enforce and 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 16. Said Act is further amended by revising Section 19 as follows:
'SECTION 19. Refunding bonds.
The authority is authorized to provide by resolution for the issuance of bonds or other obligations of the authority for the purpose of funding or refunding any revenue bonds or other obligations 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
GEORGIA LAWS 2008 SESSION
4429
refunding bonds or other obligations, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the authority in respect to the same shall be governed by the foregoing provisions of this Act insofar as the same may be applicable.'
SECTION 17. Said Act is further amended by revising Section 20 as follows:
'SECTION 20. Validation.
Bonds, but not other obligations, of the authority shall be confirmed and validated in accordance with the procedure of Article 3 of Chapter 82 ofTitle 36 ofthe O.C.G.A., known as the 'Revenue Bond Law.' The petition for validation shall also make party defendant to such action the State of Georgia or any municipality, county, authority, political subdivision, or instrumentality of the State of Georgia which has contracted with the authority for the services and facilities of the project for which bonds are to be issued and sought to be validated, and the state or such municipality, county, authority, political subdivision, or instrumentality shall be required to show cause, if any exists, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the contract or contracts adjudicated as a part of the basis for the security for the payment of any such bonds of the authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such bonds, and the security for the payment thereof and interest thereon and against the authority issuing the same and the state and any municipality, county, authority, political subdivision, or instrumentality, if a party to the validation proceedings, contracting with the Heart of Georgia Regional Airport Authority.'
SECTION 18. Said Act is further amended by revising Section 21 as follows:
'SECTION 21. 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 Dodge County, Georgia; and any action pertaining to validation of any bonds or other obligations issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions.'
SECTION 19. Said Act is further amended by revising Section 22 as follows:
4430
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
'SECTION 22. Interest of holders of bonds and other obligations protected.
While any ofthe bonds or other obligations issued by the authority remain outstanding, the powers, duties, or existence of said authority or its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds or other obligations. 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 ofthe holders of such bonds or other obligations, 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 or other obligations, and, upon the issuance ofbonds or other obligations under the provisions hereof, shall constitute a contract with the holders of such bonds or other obligations!
SECTION 20. Said Act is further amended by revising Section 23 as follows:
'SECTION 23. Moneys received considered trust funds.
All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds or other obligations, 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.u
SECTION 21. Said Act is further amended by revising Section 25 as follows:
sECTION 25. Rates, charges, and revenues; use.
The authority is authorized to prescribe and fix rates and to revise the same from time to time and to collect fees, tolls, and charges for the services, facilities, and commodities furnished and, in anticipation of the collection of the revenues of such undertaking or project, to issue revenue bonds or other obligations as herein provided to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment, or extension of any project and to pledge to the punctual payment of said bonds or other obligations and interest thereon, all or any part of the revenues of such undertaking or project, including the revenues of improvements, betterments, or extensions thereto thereafter made.
GEORGIA LAWS 2008 SESSION
4431
SECTION 22. Said Act is further amended by revising Section 28 as follows:
'SECTION 28. Tax exemption.
It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purpose is in all respects for the benefit of the people of this state and that the authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this Act, and this state covenants with the holders of the bonds or other obligations that the authority shall not be required to pay any taxes or assessments upon any ofthe property acquired or leased by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation or maintenance of the projects erected by it or any rates, fees, tolls, or other charges for the use of such projects or other income received by the authority, and that the bonds or other obligations of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within this state. The exemption from taxation provided for in this section shall not extend to tenants or lessees of the authority and shall not include exemptions from sales and use taxes on property purchased by the authority or for use by the authority.'
SECTION 23. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that will be introduced at the regular 2008 session of the regular 2008 of the General Assembly of Georgia a bill to amend an Act creating the Heart of Georgia Regional Authority, approved April 18, 1995 (Ga. L. 1995,p. 4448), and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jimmy Pruett, who on oath deposes and says that he is the Representative from District 144 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Dodge County News which is the official organ of Dodge County on March 12, 2008, and that the notice requirements ofC:ode Section 28-1-14 have been met.
s/ JIMMY PRUETT Jimmy Pruett Representative, District 144
4432
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 11th day of March 2008.
s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)
Approved May 14, 2008.
MONROE COUNTY- MONROE COUNTY PUBLIC FACILITIES AUTHORITY; CREATE.
No. 741 (House Bill No. 1468).
AN ACT
To create the Monroe County Public Facilities Authority; to provide for a short title and legislative findings; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, organization, meetings, and expenses; to provide for definitions; to provide for the issuance and sale of revenue bonds and other obligations and their negotiability, sale, and use of proceeds from such sales; to provide for conditions for issuance of such obligations; to prohibit the pledge of credit for the payment of bonds; to provide for trust indentures and a sinking fund; to provide for payment of bond proceeds; to provide for bondholder remedies and protection; to provide for refunding bonds; to provide for bond validation; to provide for venue and jurisdiction; to provide for trust funds; to provide for the authority's purpose; to provide for charges; to provide for rules and regulations; to provide for tort immunity; to provide for tax exemptions and exemptions from levy and sale; to provide for supplemental powers; to provide for effect on other governments; to provide for liberal construction; to provide for severability; to provide 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:
GEORGIA LAWS 2008 SESSION
SECTION 1. Name of Act.
4433
This Act shall be known and may be cited as the "Monroe County Public Facilities Authority Act."
SECTION 2. Creation of authority; purpose.
There is created a body corporate and politic to be known as the "Monroe County Public Facilities Authority," which shall be deemed to be a public corporation. Such corporation shall be separate and distinct from any public corporation or other entity heretofore created by the General Assembly and shall be an instrumentality of the State of Georgia exercising governmental powers. The authority is created for the purpose of promoting the public good and general welfare of the citizens of Monroe County and assisting Monroe County in providing facilities, equipment, and services to the citizens of Monroe County in the most efficient means possible. In connection with the exercise of any of its powers, the members of the authority may make findings or determinations regarding the public good and general welfare of Monroe County and the use of facilities, equipment, and services, and such findings or determinations, if made, shall be conclusive and binding.
SECTION 3. Definitions.
As used in this Act, the term: (1) "Authority" means the Monroe County Public Facilities Authority created in this Act. (2) "Cost of the project" shall include (A) the cost of construction, (B) the cost of all land or interests therein, properties, rights, easements, and franchises acquired, (C) the cost of acquiring, constructing, or erecting buildings, improvements, materials, labor, and services, (D) the cost of all machinery and equipment, (E) financing charges, including interest prior to and during construction or acquisition of any project and for six months after such project is placed in service and operational at the level intended, (F) the cost of construction, engineering, architectural, fiscal, accounting, inspection, and legal expenses, relating to a project or to the financing or refinancing of any project and other expenses necessary or incident to determining the feasibility or practicability of any project, (G) administrative expenses relating to any project or to the financing or refinancing thereof, and such other expenses as may be necessary or incident to the financing of a project authorized by this Act, the acquisition, construction, renovation, reconstruction, or remodeling of a project, and the placing of the same in operation. Any such obligation or expense shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of any funds of the authority, including proceeds of any revenue bonds issued
4434
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
under the provisions ofthis Act for any such project or projects and the proceeds ofthe sale of any contracts, lease agreements, or installment sale agreements or the amounts payable thereunder, either directly or by the creation of interests therein. (3) "County" means Monroe County, Georgia, or its successor. (4) "Project" means any capital project determined by the authority to promote the public good or general welfare of the citizens of the county or to be necessary or convenient for the efficient operation ofthe county, or any of its enterprises or systems, including, but not limited to, the acquisition, construction, renovation, improvement, extension, addition, or equipping of(A) utility systems and improvements, including without limitation, water and sewer systems and facilities, sewage and solid waste disposal systems and facilities, and electric, gas, and other similar facilities or systems, (B) emergency facilities, including emergency, fire, sheriff, and rescue facilities, (C) recreational facilities, including parks, athletic fields, buildings, or facilities or other similar facilities, (D) public safety facilities, including jails, sheriff's offices, facilities, or equipment, state patrol or other law enforcement facilities or equipment, (E) healthcare facilities and equipment, (F) educational, cultural, or historical facilities and equipment, (G) transportation facilities and equipment, and (H) administrative facilities and equipment. (5) "Revenue bonds" means revenue bonds issued by the authority pursuant to the terms of this Act or under Article 3 of Chapter 82 of Title 36 of the O.C.G.A., known as the "Revenue Bond Law."
SECTION 4. Powers of the authority.
The authority shall have the power: (1) To hold, own, lease, transfer, and convey real and personal property or interests; (2) To sue and be sued; (3) To have and to use a seal and to alter the same at its pleasure; (4) To acquire, construct, purchase, own, equip, operate, extend, improve, lease, and sell any project; (5) To exercise the powers conferred upon a "public corporation" or a "public authority" by Article IX, Section III, Paragraph I of the Constitution of Georgia, such authority being expressly declared to be a "public corporation" or a "public authority" within the meaning of such provision of the Constitution of Georgia; (6) To acquire property and projects in its own name by gift or by purchase on such terms and conditions and in such manner as it may deem proper. If the authority shall deem it expedient to construct any project on real property or any interest therein or usufruct which is subject to the control of the county. The county is authorized to convey such real property or interest therein to the authority for no consideration or for such consideration as may be agreed upon by the authority and the county, taking into consideration the public benefit to be derived from such conveyance. The county may transfer such property or
GEORGIA LAWS 2008 SESSION
4435
interest therein without the necessity of putting the same out for bid and without regard to any determination as to whether or not such property or interest therein is in surplus. (7) To accept gifts and bequests for its corporate purposes; (8) To appoint, select, and employ, with or without bidding, as the authority may choose, officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, underwriters, or other advisors, and attorneys, and to fix their compensation; (9) To make and execute with public and private persons and corporations contracts, lease agreements, rental agreements, installment sale agreements, and other instruments, relating to its projects and incident to the exercise of the powers of the authority, including contracts for constructing, renting, leasing, and selling its projects for the benefit of the county; provided, without limiting the generality of this paragraph, that the authority is specifically granted the power to enter into contracts, lease agreements, rental agreements, installment sale agreements, and related agreements for a term not exceeding 50 years as provided in Section III of Article IX of the Constitution of Georgia; (1 0) To lease, sell, transfer, or otherwise dispose of any property, real or personal, or assets of the authority, or to assign its rights under its contracts, lease agreements, or installment sale agreements or its right to receive payments thereunder, either directly or through trusts or custodial arrangements whereby interests are created in such contracts, lease agreements, or installment sale agreements or the payments to be received thereunder through the issuance oftrust certificates, certificates ofparticipation, custodial receipts, or other similar instruments. In connection with any such sale, lease, transfer or assignment, the authority need not comply with any other provision of law requiring public bidding or any announcement to the public of the sale of such property, assets, or rights; (11) To accept loans and grants of money or property of any kind from the United States, the State of Georgia, or any political subdivision of the State of Georgia; (12) To borrow money for any of its corporate purposes and to issue revenue bonds, notes or other types of indebtedness payable solely from funds or revenues of the authority pledged for that purpose and to pledge and assign any of its revenues, income, rent, charges, and fees to provide for the payment of the same and to provide for the rights of the holders of such revenue bonds; provided, however, that the power conferred by this paragraph may not be exercised after the expiration of four years from the effective date of this Act; (13) To enter into (A) interest rate swaps, collars, or other types of interest rate management agreements, or (B) credit enhancement or liquidity agreements relating to any obligations of the authority, provided that the obligation of the authority under any such agreements shall not be a general obligation of the authority but shall be a limited obligation of the authority payable from a specific source of funds identified for such purpose. The authority shall be exempt from any requirement of Georgia law requiring a swap management plan or other similar plan relating to interest rate swap agreements;
4436
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(14) To make such rules and regulations governing its employees and property as it may in its discretion deem proper; (15) The authority may be sued the same as any private corporation on any contractual obligation ofthe authority. The authority shall have the same rights to sue any other person or entity as any private corporation; and (16) To issue its revenue bonds, notes, or other obligations to finance or refinance any project which may be financed by the county under the Revenue Bond Law ofthe State of Georgia; provided, however, that the power conferred by this paragraph may not be exercised after the expiration of four years from the effective date of this Act.
SECTION 5. Members of the authority; terms of office.
The authority shall consist of five members who shall be the persons at the time serving as the five duly elected commissioners of the Monroe County Board of Commissioners, who shall be eligible to succeed themselves. The members of the authority shall hold office for terms coinciding with their terms on the board of commissioners and shall serve until their successors are elected. In the event that the number of members of the Board of Commissioners is changed, then the number of members of the authority shall be correspondingly changed. Immediately after their election to the board of commissioners, each member of the authority shall enter upon their duties. A majority ofthe members ofthe authority shall constitute a quorum, and 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 and, in every instance, a majority vote of a quorum shall authorize any legal act of the authority, including all things necessary to authorize and issue revenue bonds. The authority shall elect one of its members as chairperson and shall elect a secretary and treasurer who need not necessarily be a member of the authority. The authority may elect a vice chairperson or any number of assistant secretaries or treasurers as it may from time to time deem necessary or desirable. The members ofthe authority shall not be entitled to compensation for their services but shall be entitled to and shall be reimbursed for the actual expenses necessarily incurred in the performance of their duties. The authority shall make rules and regulations for its own governance and it shall have perpetual existence. Any change in name or composition ofthe 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 existing under this Act.
SECTION 6. Issuance and sale of revenue bonds.
The authority shall have power and is authorized from time to time to provide for the issuance and sale of negotiable revenue bonds in the maimer provided by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., known as the "Revenue Bond Law," for the purpose
GEORGIA LAWS 2008 SESSION
4437
of paying all or any part of the cost of any one or more projects, including the cost of constructing, reconstructing, equipping, extending, adding to, or improving any such project, or for the purpose of refunding, as herein provided, any such bonds of the authority or any other authority or public body previously issued to finance or refinance the cost of a project. The principal of and interest on such revenue bonds shall be a limited obligation of the authority payable solely from the source or sources of funds specified in the indenture or resolution of the authority authorizing the issuance of such revenue bonds. The revenue bonds of each issue shall be issued and validated under and in accordance with the provisions of the Revenue Bond Law. Such revenue bonds shall mature on such dates, bear interest at such rate or rates, whether fixed or variable, be subject to redemption and have such other terms as the authority may provide in the indenture or resolution relating thereto. Such revenue bonds shall not be subject to any provision of Georgia law limiting the rate of interest payable thereon and may be sold in !1 negotiated sale or in a public sale as the authority may determine.
SECTION 7. Power to incur loans or issue notes.
The authority shall also have the power to incur indebtedness from time to time for the purpose of financing or refinancing any project or refunding any obligations previously issued for such purpose, or for any other purpose, whether in the form of a loan or through the issuance of notes, and the principal of and interest on such notes or loans shall be a limited obligation of the authority payable solely from the source or sources of funds specified in the resolution or indenture of the authority authorizing such loan or the issuance of such notes. Any such loan or notes shall not be required to be validated as a condition to the issuance thereof and shall have such terms as may be specified by the authority in the resolution or indenture authorizing the same.
SECTION 8. Negotiable instruments; bonds and other obligations exempt from taxation.
All revenue bonds issued under the provisions of this Act shall have all the qualities and incidents of negotiable instruments under the negotiable instruments law of this state. All such bonds, and any loan incurred or note issued as provided in this Act, are declared to be issued or incurred for an essential public and governmental purpose and such obligations and the interest thereon shall be exempt from all taxation within this state.
4438
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 9. Revenue bonds or notes not a debt or general obligation.
Revenue bonds or notes issued under the provisions of this Act or any loan incurred as authorized herein shall not constitute a debt or a pledge of the faith and credit of the State of Georgia or of any political subdivision thereof, including the county, but shall be payable solely from the sources as may be designated in the resolution or indenture of the authority authorizing the issuance of the same. The issuance of such obligations shall not directly, indirectly, or contingently obligate the State of Georgia or any political subdivision thereof, including the county, to levy or to pledge any form of taxation whatever for the payment thereof. No holder of any bond or receiver or trustee in connection therewith shall have the right to enforce the payment thereof against any property of the State of Georgia or any political subdivision thereof, including the county, nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon any such property. All such obligations shall contain on their face a recital setting forth substantially the foregoing provisions of this section. Nothing in this section shall be construed to prohibit the State of Georgia or any political subdivision or agency thereof, including the county, from obligating itself to pay the amounts required under any contract entered into with the authority pursuant to Article IX of the Constitution of the State of Georgia, or any successor provision, including_from funds received from taxes to be levied and collected for that purpose to the extent necessary to pay the obligations contractually incurred with the authority, and from any other source.
SECTION 10. Issuance of bonds or obligations under indentures or resolutions.
In the discretion ofthe authority, any issue of such revenue bonds, notes, or other obligations may be secured by a trust indenture by and between the authority and a trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State of Georgia. Such trust indenture may pledge or assign fees, tolls, rents, revenues, and earnings to be received by the authority, including the proceeds derived from the financing, sale, or lease, from time to time, of any project. Either the resolution providing for the issuance of revenue bonds or other obligations or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the owners of such bonds or obligations as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority or any lessee or purchaser in relation to the acquisition and construction of any project, the maintenance, operation, repair, and issuance of any project, and the custody, safeguarding, and application of all moneys, including the proceeds derived from the sale or lease of any project or from the sale of any such bonds, notes, or other obligations and may also contain provisions concerning the conditions, ifany, upon which additional bonds notes or other obligations may be issued, whether on a parity
GEORGIA LAWS 2008 SESSION
4439
with, or subordinate to any other obligations issued by the authority. Such indenture or resolution may set forth the rights and remedies of the owners of such obligations and of the trustee. In addition to the foregoing, such trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security ofthe owners of such bonds or other obligations or otherwise necessary or convenient in connection with the issuance of such obligations. 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 11. Security for the payment of bonds or other obligations.
The authority may assign or pledge any property or revenues 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 indenture may provide. The use and disposition of such property or revenues assigned to the payment of bonds or other obligations shall be subject to the indenture or resolution authorizing the issuance of such revenue bonds or obligations. Any lien created by the authority for the payment of such bonds or obligations may be a first lien or a subordinate lien as the authority may provide, and any such indenture or resolution may provide, at the option of the authority, for the issuance of additional bonds or other obligations sharing any lien on a parity or subordinate lien basis.
SECTION 12. Refunding bonds or obligations.
The authority is authorized to provide by resolution for the issuance of obligations, whether revenue bonds, notes, or other obligations, for the purpose of refunding any revenue bonds or other obligations issued under the provisions of this Act or under any other provision of Georgia law so long as such bonds or other obligations were issued for a purpose or project for which the authority could issue bonds. The issuance of such refunding bonds or other obligations and all the details thereof, the rights of the holders thereof, 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 13. Principal office; venue.
The principal office of the authority shall be in the county, and the venue of any action against it shall be in the county. Any action pertaining to the validation of any bonds issued under the provisions of this Act and for the validation of any contract entered into by the authority shall be brought in the Superior Court of Monroe County, and such court shall have
4440
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
exclusive original jurisdiction of such actions. Service upon the authority of any process, subpoena, or summons shall be effected by serving the same personally upon any member of the authority.
SECTION 14. Validation of revenue bonds.
Revenue bonds of the authority shall be confirmed and validated in accordance with the procedure now or hereafter set forth in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., known as the "Revenue Bond Law," as the same now exists or may hereafter be amended. The petition for validation shall also make a party defendant to such action the county, if the county has or will contract with the authority with respect to the project for which bonds are to be issued and are sought to be validated. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to the validity of such bonds against the authority and against all other persons or entities, regardless of whether such persons or entities were parties to such validation proceedings.
SECTION 15. No impairment of rights.
While any of the bonds or other obligations issued by the authority or any interests in contracts ofthe authority remain outstanding, the powers, duties, or existence ofthe 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 or obligations or such interests in contracts of the authority. The provisions of this section of this Act shall be for the benefit of the authority and of the holders of any such bonds or obligations and interests in contracts of the authority and, upon the issuance of bonds or obligations or the creation of interests in contracts of the authority under the provisions of this Act, shall constitute a contract with the holders of such bonds or obligations or such interests in contracts of the authority.
SECTION 16. Trust Funds; permitted investments.
All moneys received by the authority pursuant to this Act, whether as proceeds from the sale of revenue bonds or obligations of the authority, as grants or other contributions, or as revenues, income, fees, and earnings, shall be deemed to be the trust funds to be held and applied solely as provided in this Act and in such resolutions and trust indentures as may be adopted and entered into by the authority pursuant to this Act. Any such moneys or funds may be invested from time to time in such investments as may be permitted under the indenture, agreement, or resolution establishing the fund or account in which such funds are
GEORGIA LAWS 2008 SESSION
4441
held, or if not held in such a fund or account, in such investments as would be permitted investments for a development authority created under O.C.G.A. Section 36-62-1, et seq., as amended.
SECTION 17. Power to set rates, fees, and charges.
The authority is authorized to prescribe and fix and collect rates, fees, tolls, rents, and charges and to revise, from time to time, and collect such revised rates, fees, tolls, rents, and charges for the services, facilities, or commodities furnished, including leases, concessions, or subleases of its projects, and to determine the price and terms at and under which its projects may be sold, leased or otherwise disposed of.
SECTION 18. Essential governmental function; no taxes or assessments.
All property or interests in property owned by the authority shall be public property held and owned for governmental purposes and shall be exempt from ad valorem taxation. The exercise of the powers conferred upon the authority hereunder shall constitute an essential governmental function for a public purpose, and the authority shall be required to pay no taxes or assessments upon any ofthe 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 herein provided shall not include an exemption from sales and use tax on property purchased by or for the use of the authority.
SECTION 19. Immunity of authority and members.
The authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia, and the officers, agents, and employees of the authority, when in performance of the work of the authority, shall have the same immunity and exemption from liability for torts and negligence as officers, agents, and employees of the State of Georgia.
SECTION 20. Authority property not subject to levy and sale.
The property of the authority shall not be subject to levy and sale under legal process.
4442
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 21. Authority area of operation.
The scope of the authority's operations shall be limited to the territory embraced within the territorial limits of the county, as the same now or may hereafter exist; provided, however, that nothing in this section shall prevent the authority from contracting with any entity, public or private, outside of the county with respect to any project located in the county, or located outside of the county, if the authority shall determine that entering into such contract is in the best interest of the authority and in furtherance of its public purposes.
SECTION 22. Supplemental powers.
This Act does not in any way take away from the authority any power which may be conferred upon it by law but is supplemental thereto.
SECTION 23. No power to impose taxes.
The authority shall not have the right to impose any tax on any person or property.
SECTION 24. Act to be liberally construed.
This Act shall be liberally construed to effect the purposes hereof.
SECTION 25. Severability of provisions.
Should any sentence, clause, phrase, or part of this Act be declared for any reason to be unconstitutional or invalid, the same shall not affect the remainder of this Act, or any part hereof, other than the part so held to be invalid, but the remaining provisions ofthis Act shail remain in full force and effect, and it is the express intention of this Act to enact each provision of this Act independently of any other provision hereof.
SECTION 26. Effective date.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
GEORGIA LAWS 2008 SESSION
SECTION 27. Conflicting laws.
4443
All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2008 session of the General Assembly ofGeorgia bill to create the Monroe County Public Facilities Authority; to provide for a short title and legislative findings; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers and compensation; to provide for vacancies, organization, meetings, and expenses; to provide for definitions; to provide for the issuance and sale of revenue bonds and other obligations and their negotiability, sale, and use of proceeds from such sales; to provide for conditions for issuance of such obligations; to prohibit the pledge of credit for the payment of bonds; to provide for trust indentures and a sinking fund; to provide for payment of bond proceeds; to provide for bondholder remedies and protection; to provide for refunding bonds; to provide for bond validation; to provide for venue and jurisdiction; to provide for trust funds; to provide for the authority's purpose; to provide for charges; to provide for rules and regulations; to provide for tort immunity; to provide for tax exemptions and exemptions from levy and sale; to provide for supplemental powers; to provide for effect on other governments; to provide for liberal construction; to provide for severability; to provide an effective date; and for other purposes.
This 6 day of February, 2008.
s/ Rep. Jim Cole 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 Monroe County Reporter which is the official organ of Monroe County on February 13, 2008, and that the notice requirements of Code Section 28-l-14 have been met.
s/ JIM COLE Jim Cole Representative, District 125
4444
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 20th day of March, 2008.
sf LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)
Approved May 14, 2008.
PULASKICOUNTY-PULASKICOUNTYSCHOOL BUILDING AUTHORITY; CREATE.
No. 742 (House Bill No. 1313).
AN ACT
To create the Pulaski County School Building Authority and to authorize such authority to provide, acquire, construct, equip, maintain, and operate public service facilities, to acquire 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 and Pulaski 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 Pulaski 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 Pulaski 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
GEORGIA LAWS 2008 SESSION
4445
of the holders of such bonds or obligations; to make the bonds or obligations ofthe 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 O.C.G.A., the "Revenue Bond Law"; to provide for construction; 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:
SECTION 1. Short title.
This Act shall be known and may be cited as the "Pulaski County School Building Authority Act."
SECTION 2. Pulaski County School Building Authority.
(a) There is hereby created a public body corporate and politic to be known as the "Pulaski County School Building Authority," which shall be deemed to be a political subdivision of the state and a public corporation, and by that name, style, and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity 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 ofthe state, but shall be an instrumentality ofthe 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 O.C.G.A., 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 five members who shall be appointed by the governing authority of the Pulaski County School District. Each member shall serve a term of four years, except that two of the initial members appointed by the governing body shall serve an initial term of two years. Thereafter, all appointments shall be made for terms of four years and until successors are appointed and qualified. Immediately after such appointments, the members of the authority shall enter upon their duties. 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
4446
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 Pulaski 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 ofthe member whose termination ofmembership 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: "You do solemnly swear or affirm that you will diligently and honestly administer the affairs of the Pulaski County School Building Authority which have been entrusted to you and that you will not knowingly violate or willingly permit to be violated any law applicable to the Pulaski County School Board Authority; that you are not the holder of any unaccounted for public money due this state or any political subdivision thereof; that you are not the holder of any office oftrust under the government of the United States, any other state, or any foreign state which you are by the laws of the State of Georgia prohibited from holding; that you are otherwise qualified to hold said office according to the Constitution and laws of Georgia; and that you will support the Constitution of the United States and of this State." (e) The governing authority ofthe Pulaski 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) 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) 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.
GEORGIA LAWS 2008 SESSION
SECTION 3. Purpose of the authority.
4447
Without limiting the generality of any provision of this Act, the general purpose of the authority is declared to be that of providing buildings, facilities, and services for the officers, agents, students, teachers, patrons and employees of the Pulaski County School District.
SECTION 4. Definitions.
As used in this Act, the term: (I) "Authority" means the Pulaski 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 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 Pulaski County School District. (4) "Revenue Bond Law" means the Revenue Bond Law of the State of Georgia, codified at Article 3 of Chapter 82 of Title 36 of the O.C.G.A., as amended, or any other similar law hereinafter enacted. (5) "Revenue bonds" means revenue bonds authorized to be issued pursuant to this Act. (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.
4448
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 Pulaski 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 Pulaski County School District, taking into consideration the public benefit to be derived from such conveyance; (4) To exercise the powers conferred upon a "public corporation" or "public authority" by Article IX, Section III, Paragraph I of the Constitution of Georgia, such authority being hereby expressly declared to be a "public corporation" or "public authority" within the meaning of such provision of the Constitution of Georgia; (5) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and fix their respective compensations; (6) To execute contracts, leases, agreements, and instruments necessary or convenient in connection with the acquisition, construction, addition, extension, improvement, equipping, operation, or maintenance of the Project; and any and all persons, firms, corporations and the and Pulaski County School District is 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 the State or any agency or instrumentality or other political subdivision thereof or from any other source whatsoever;
GEORGIA LAWS 2008 SESSION
4449
(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 ofmoney or materials or property of any kind from the State or any agency or instrumentality or political subdivision thereof upon such terms and conditions as the State or such agency or instrumentality or political subdivision may require; (11) To borrow money for any of its corporate purposes 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 Pulaski 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 of any 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 (14) To do all things necessary or convenient to carry out the powers expressly given in this Act.
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 of and interest on such revenue bonds shall be payable solely from the special fund provided for such payment. The revenue bonds of each issue shall be dated, shall bear interest at such rate or rates per annum payable at such time or times, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution for the issuance of such revenue bonds. 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.
4450
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 the State. All revenue bonds and their transfer and the income therefrom shall be exempt from all taxation within the State.
SECTION 8. 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 through negotiated or public sale, and 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 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 11. Same; credit not pledged.
Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the State or any political subdivision thereof, nor a pledge of the faith and credit thereof; but such bonds shall be payable solely from the rentals, revenues, earnings, and funds of the authority as provided in the resolution or trust agreement or indenture authorizing the issuance and securing the payment of such bonds; and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the 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 fact covering substantially the foregoing provisions of this section. However, any political subdivision contracting with the authority may obligate itself to pay the amounts required
GEORGIA LAWS 2008 SESSION
4451
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 12. Same; trust indenture as security.
In the discretion of the authority, any issuance of revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside the State. Either the resolution providing for the issuance of the revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition and construction of the project, the maintenance, operation, repair, and insuring of the project, and the custody, safeguarding, and application of all moneys.
SECTION 13. Same; 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 14. Same; 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
4452
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
revenue bonds or the trust indenture may provide. Such funds so pledged from whatever source received shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund, which sinking fund shall be pledged to and charged with the payment of:
(I) The interest upon such revenue bonds as the same shall fall due; (2) The principal or purchase price of such revenue bonds as the same shall fall due; (3) Any premium upon such revenue bonds as the same shall fall due; (4) The purchase of such revenue bonds in the open market; and (5) The necessary charges of the paying agent for paying principal and interest. 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 IS. Same; remedies of bondholders.
Any holder ofrevenue bonds or any ofthe coupons appertaining thereto and the trustee under the trust indenture, if any, except to the extent the rights given in this Act may be restricted by resolution passed before the issuance of the revenue bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State, including specifically but without limitation, the Revenue Bond Law, or granted under this Act or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture to be performed by the authority or any officer thereof, including the fixing, charging, and collecting ofrevenues, fees, tolls, fines, and other charges for the use of the facilities and services furnished.
SECTION 16. Same; validation.
Revenue bonds of the authority shall be confirmed and validated in accordance with the procedures set forth in 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 or any department or agency thereof, if subject to being sued and if consenting to same, which has contracted with the authority for the services and facilities ofthe project for which bonds are to be issued and sought to be validated. 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
GEORGIA LAWS 2008 SESSION
4453
court and the validity of the terms thereof be determined and the contract or contracts adjudicated as part of the basis of the security for the payment of any such revenue bonds of the authority. The revenue bonds when validated, and the judgment of validation, shall be final and conclusive with respect to such bonds, 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 17. Same; 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 Pulaski 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 18. Same; 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 ofthe holders of such revenue bonds, and no other entity, department, agency, or authority shall be created which will compete with the authority to such an extent as to affect adversely the interest and rights of the holders of such revenue bonds nor shall the State itself so compete with the authority. The provisions of this Act shall be for the benefit ofthe 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 19. 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.
4454
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 20. Rates, charges, and revenues; use.
The authority is authorized to prescribe and fix rates and to revise same from time to time and to collect revenues, tolls, fees, and charges for the services, facilities, and commodities furnished and, in anticipation of the collection of the revenues, to issue revenue bonds or other types of obligations as provided in this Act to finance, in whole or in part, the costs of the project and to pledge to the punctual payment of said revenue bonds or other obligations all or any part of the revenues.
SECTION 21. 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 procedmes for the operation of any project or projects constructed or acquired under the provisions of this Act, including the basis upon which educational services and facilities and other public services and facilities shall be furnished. The authority may adopt bylaws.
SECTION 22. 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 Pulaski 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 Pulaski County School District in the performance of their public duties or work of the School District.
SECTION 23. Property not subject to levy and sale.
The property of the authority shall not be subject to levy and sale under legal process.
SECTION 24. Tax-exempt status of authority.
The creation of the authority and the carrying out of its corporate purpose shall be a public purpose and in all respects for the benefit of the people of this state. 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. The authority will be performing an essential governmental function in the exercise
GEORGIA LAWS 2008 SESSION
4455
of the power conferred upon it by this Act and the authority shall be required to pay no taxes or assessments upon any of the property acquired or leased by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation or maintenance of the buildings erected or acquired by it or any fees, rentals, or other charges for the use of such buildings or other income received by the authority and that the bonds of the authority and the income therefrom shall at all times be exempt from taxation within any municipality or county or the State or any political subdivision thereof.
SECTION 25. Effect on other governments.
This Act shall not and does not in any way take from Pulaski County, or any county or municipality the authority to own, operate, and maintain facilities or to issue revenue bonds as provided by the Revenue Bond Law.
SECTION 26. Liberal construction of Act.
This Act, being for the welfare of various political subdivisions of the State and its inhabitants, shall be liberally construed to effect the purposes hereof.
SECTION 27. Scope of operations.
The scope of the authority's operation shall be limited to the territory embraced within Pulaski County.
SECTION 28. General repealer.
All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Pursuant to the provisions of O.C.G. 28-1-14, notice is hereby given that application will be made to the 2008 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 Pulaski County Building Authority; to provide for related matters; and for other purposes.
This 31st day of January, 2008.
4456
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Janis H. Sparrow, Superintendent, Pulaski County School District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jimmy Pruett, who on oath deposes and says that he is the Representative from District 144 and further deposes and says that the attached Notice oflntention to Introduce Local Legislation was published in the Hawkinsville Dispatch & News which is the official organ of Pulaski County on February 6, 2008, and that the notice requirements of Code Section 28-l-14 have been met.
sf JIMMY PRUETT Jimmy Pruett Representative, District 144
Sworn to and subscribed before me, this 21st day February 2008.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 14, 2008.
SUMTER COUNTY- JUDGE OF PROBATE COURT; NONPARTISAN ELECTION.
No. 774 (House Bill No. 750).
AN ACT
To provide that future elections for the office ofjudge of the probate court of Sumter County shall be nonpartisan elections; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
GEORGIA LAWS 2008 SESSION
4457
SECTION 1. All elections for the office of judge of the probate court of Sumter 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 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 judge of the probate court of Sumter County in office on January 1, 2008. The sitting judge of the probate court 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 Sumter 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 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 elections for the office of judge of the probate court of Sumter County shall be nonpartisan elections; to provide for submission of this Act for preclearance under the federal Voting Rights Act 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
This 27 day of Feb. 2007
Representative Mike Cheokas !34th District
A BILL TO BE ENTITLED AN ACT To provide that future elections for the office ofjudge ofthe probate court of Sumter County shall be nonpartisan elections; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
4458
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION I. All elections for the office of judge of the probate court of Sumter County conducted after January I, 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 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 ofthe judge of the probate court of Sumter County in office on January 1, 2008. The sitting judge of the probate court shall serve outthe 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 Sumter 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. February 28,2007.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mike Cheokas, who on oath deposes and says that he is the Representative from District 134 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Americus Times-Recorder which is the official organ of Sumter County on February 27, 2007, and that the notice requirements of Code Section 28-1-14 have been met.
s/ MIKE CHEOKAS Mike Cheokas Representative, District 134
Sworn to and subscribed before me, this 21st day of March 2007.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2007 (SEAL)
GEORGIA LAWS 2008 SESSION Approved May 14, 2008.
4459
GILMER COUNTY- GILMER COUNTY KIDS KOTTAGE COMMISSION; CREATE.
No. 792 (House Bill No. 1382).
AN ACT
To create the Gilmer County Kids Kottage Commission; to provide for a short title; to provide for the manner of appointment of members; to provide for membership; to provide for definitions; to provide for organization; to provide for powers and duties; to provide for immunity; to provide for charitable and public functions; to provide for treatment under the Internal Revenue Code as a tax exempt organization; to provide for actions; to provide for construction; 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 "Gilmer County Kids Kottage Commission Act."
SECTION 2. Gilmer County Kids Kottage Commission.
There is a created a body corporate and politic to be known as the "Gilmer County Kids Kottage Commission," 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 bring and defend actions in all courts. The commission shall have perpetual existence.
SECTION 3. Membership.
(a) The commission shall be composed of 15 members, which will consist of five ex officio members and ten community members as follows:
4460
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(1) The ex officio members shall consist of one member of the Gilmer County Board of Commissioners, one member of the Gilmer County Board of Education, one member of the City of Ellijay City Council, one member of the City of East Ellijay City Council, and the chiefjudge of the Superior Court of Gilmer County, Appalachian Judicial Circuit; and (2) Community members shall be composed of the director of the department of family and children services, the Gilmer County superintendent of schools, the Gilmer County mental health director, the health department manager, and six additional members who shall be appointed as follows: three by the Gilmer County Board of Commissioners, three by the Gilmer County Board of Education, one by the chiefjudge of the Superior Court of Gilmer County, one by the City of Ellijay City Council, and one by the City of East Ellijay City Council. (b) Of the community members appointed by the Gilmer County Board of Commissioners, one shall be appointed for the initial term of one year and one shall be appointed for an initial term of two years and one shall be appointed for an initial term of three years. Of the community members appointed by the Gilmer County Board of Education, one shall be appointed for the initial term of one year and one shall be appointed for an initial term of two years and one shall be appointed for an initial term of three years. The appointments of the chief judge, the City of Ellijay City Council, and the City of East Ellijay City Council shall be for a three year term. Successors to all such members and future successors shall be appointed for terms of three years. Those members who serve on the commission shall serve for the term of the position and until their successors are duly appointed and qualified. (c) The ex officio members shall be selected as follows: the Gilmer County Board of Commissioners shall select by vote one of their elected members, the City of Ellijay Council shall select by vote one of their elected members, the City of East Ellijay Council shall select by vote one of their elected members, the governing board of education shall select one its elected members, and the sitting chief judge of the Superior Court of Gilmer County, Appalachian Judicial Circuit. (d) Ex officio members shall serve on the commission for the same terms as the respective offices to which they were elected and until their successors are duly appointed and qualified. (e) Members of the commission shall not receive compensation for serving on the commission but may be reimbursed for actual and necessary expenses incurred by them in carrying out their official duties. (f) No person shall be a member of the commission if that person has been finally convicted and sentenced for any felony involving moral turpitude under the laws of this or any other state, unless restored to all his rights of citizenship by a pardon from the State Board of Pardons and Paroles.
SECTION 4. Definitions.
As used in this Act, the term:
GEORGIA LAWS 2008 SESSION
4461
(1) "Commission" means the Gilmer County Kids Kottage Commission. (2) "Comprehensive plan" means a plan that establishes a vision and goals for children and youth exposed to conflict, measures the extent to which current practices fall short in meeting such goals, identifies the conditions that must change to meet such goals, specifies a coordinated and integrated strategy and budget for changing conditions, and specifies the means of implementing strategies, managing and evaluating performance, and measuring effectiveness in achieving the established goals and objectives. (3) "County" means the County of Gilmer. (4) "Public agency" means the Gilmer County Board of Commissioners, the Gilmer County Board of Education, or any agency, board, commission, or department of the State of Georgia. (5) "Officers" means the chairperson, vice chairperson, secretary, and treasurer of the commission.
SECTION 5. Organizational meeting.
(a) The organizational meeting of the commission shall be called by the chairperson of the Gilmer County Board of Commissioners. At the organizational meeting, the commission shall adopt bylaws and elect a chairperson, vice chairperson, secretary, and treasurer. Ex officio members of the commission may not serve as officers. The terms of office of such officers shall be as specified in the bylaws of the commission. (b) For the purposes of the organizational meeting of the commission a quorum shall constitute a majority. Quorum for further meetings shall be set forth in the commission bylaws. (c) The commission shall prepare and submit to the appointing bodies listed in subsection (a) of Section 3 of this Act at the end of each fiscal year an annual report outlining the work of the commission and the results achieved thereby and an annual report on the state of the children, youth, and families in the community. The commission shall also have prepared an independent audit of income and expenditures for the fiscal year. (e) No vacancy on the commission shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the commission. (f) In the event of a vacancy by reason of death, disqualification, resignation, or other reason, the appointing body of the member whose position is vacant shall select and appoint a qualified person to fill the unexpired term of the member whose position has been vacated. A vacancy shall exist in the office of any member of the commission who:
(1) Is convicted of or pleads guilty to or who enters a plea of nolo contendere to a crime involving moral turpitude; (2) Commits any act of misfeasance, malfeasance, or nonfeasance of his or her duties as a member of the commission; or
4462
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(3) Fails to attend 33 percent of the regular or special meetings of the commission for any 12 consecutive months without an excuse approved by a resolution of the commission. (g) All meetings of the commission, regular or special, shall be open to the public. The commission is subject to the Georgia open meeting and open records laws. (h) No member or employee ofthe commission shall have directly or indirectly any financial interest, profit, or benefit in any contract, work, or business of the commission nor in the sale, lease or purchase of any property.
SECTION 6. Purposes.
The commission is created for the following purposes: (I) To develop with the community a vision of success for children and youth exposed to conflict; (2) To develop and adopt a core set of goals for children and youth exposed to conflict; (3) To develop, adopt, recommend, and amend a comprehensive plan for the Gilmer County community to deal effectively with the problems experienced by children and youth exposed to conflict and who are under court-ordered, supervised visitation in order to achieve the goals that have been adopted; (4) To monitor and report to the Gilmer County Board of Commissioners, the Gilmer County Board of Education, the mayors of municipalities in the county, and to the public the implementation of the comprehensive plan developed by the commission and to provide administrative services and assistance in implementing and carrying out this plan; (5) To contract or recommend and promote contracts with public and private agencies to provide programs and services to carry out the provisions of the comprehensive plan; (6) To be an advocate for the well-being of children exposed to conflict as set forth in this Act; and (7) To create an arrangement as set forth in this Act under which all of the agencies, institutions, and organizations in a community whose operations can affect the well-being of children, youth, and their families agree and commit themselves: (A) To the protection and well-being of children who find themselves in family circumstances where they may be exposed to conflict and who are under court-ordered, supervised visitation; (B) To provide a neutral child friendly environment to bring about their safe visitation; (C) As independent agencies, institutions, and organizations to carry out the components of the strategies assigned to them by a comprehensive plan for serving the well-being of children and youth exposed to conflict and who are under court-ordered, supervised visitation; (D) To be individually and collectively responsible for the success and failure of these strategies;
(E) To coordinate and integrate their work and share information;
GEORGIA LAWS 2008 SESSION
4463
(F) To identify and eliminate the duplication of programs and services; (G) To eliminate competition for funding and recognition; (H) To report successes and failures in results objectively and completely; and (I) To adopt and carry out comprehensive and integrated annual work programs and budgets to serve the objectives set forth herein.
SECTION 7. Powers and duties.
In addition to any other powers and duties provided for by this Act and in order for the commission to carry out its purposes as described in this Act, the commission shall have the following powers and duties:
(1) To have a seal and to alter the same at its pleasure; (2) To acquire, hold, and dispose of in its own name, by purchase, gift, lease, or exchange in such manner as it may deem proper, real and personal property of every kind; provided, however, that the commission shall not have the power to acquire any real or personal property by condemnation or eminent domain; (3) To procure insurance against loss in connection with its property and other assets of the commission; (4) To exercise the power provided by Code Section 45-9-1 of the O.C.G.A. to procure policies ofliability insurance or contracts of indemnity or to formulate sound programs for self-insurance to insure or indemnify members of the commission and its officers and employees against personal liability or damages arising out of the performance of their duties; (5) To make contracts and to execute all instruments necessary or convenient in connection with the comprehensive plan; (6) To establish bylaws and adopt, alter, or repeal its own bylaws, rules, and regulations governing the manner in which its business may be transacted as the commission may deem necessary or expedient; (7) To receive, accept and utilize gifts, grants, donation, or contributions of money, property, facilities, or services with or without consideration from any person, firm, corporation, foundation, or other entity or from the State of Georgia or any agency, instrumentality, or political subdivision thereof or from the United States or any agency or instrumentality thereof; (8) To the extent that a contract between the commission and a public or private agency provides, to act as an agent of such public or private agency in any matter coming within the purposes or powers of the commission; (9) To select, appoint, and employ professional, administrative, clerical, or other personnel and to contract professional or other services and to allow suitable compensation for such services;
4464
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(10) To do all things necessary and convenient to carry out the powers and purposes of the commission which are expressly provided for in this Act; and (II) To keep suitable and proper books and records of all receipts, income, and expenditures of every kind and obtain an annual independent audit of income and expenditures.
SECTION 8. Members as trustees.
The members of the commission are trustees and shall be accountable in all respects to manage the funds and expenditures and direct the policies of the commission.
SECTION 9. Immunity.
The commission shall have the same immunity and exemption from liability for torts and negligence as Gilmer County, and the officers, agents, and employees of the commission, when in the performance of the work of the commission, shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of Gilmer County when in the performance of their public duties or the work of the county.
SECTION 10. Charitable and public functions.
Because the commission will be performing valuable and charitable and public functions and purposes in the exercise of the powers conferred upon it, the commission shall not be required to pay taxes or assessments by the state or by any county, municipality, authority, or political subdivision of the state upon any real or personal property acquired by it or upon its activities in the operation or maintenance of any facility maintained or acquired by it or upon any income from levy and sale, garnishment, or attachment.
SECTION 11. Federal taxation exemption.
The commission shall apply to the Internal Revenue Service for the exemption from federal taxation pursuant to Section 50 I(c) of the Internal Revenue Code.
GEORGIA LAWS 2008 SESSION
SECTION 12. Actions.
4465
Any action brought against the commission shall be brought in the Superior Court of Gilmer County and such court shall have exclusive original jurisdiction of such action.
SECTION 13. Liberal construction.
Being for the welfare of the state and its inhabitants, this Act shall be liberally construed to effect the purposes of this Act.
SECTION 14. Effective date.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 15. 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 2008 session of the General Assembly of Georgia a bill to create the Gilmer County Kids Kottage Commission; to provide for a short title; to provide for the manner of appointment of members; to provide for membership; to provide for definitions; to provide for organization; to provide for powers and duties; to provide for immunity; to provide for charitable and public functions; to provide for treatment under the Internal Revenue Code as a tax exempt organization; to provide for actions; to provide for construction; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
This 22 day of February, 2008.
David Ralston Representative 7th District
4466
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, David Ralston, who on oath deposes and says that he is the Representative from District 7 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Times Courier which is the official organ of Gilmer County on February 28, 2008, 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 3rd day of March 2008.
sf DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 14, 2008.
CITY OF KENNESAW- INTERNET SERVICES.
No. 796 (House Bill No. 1430).
AN ACT
To amend an Act creating a new charter for the City of Kennesaw, approved AprillO, 1971 (Ga. L. 1971, p. 3620), as amended, particularly by an Act approved May 5, 2006 (Ga. L. 2006, p. 4497), so as to provide for the provision of Internet services within the city; to provide for matters related to such authority; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
GEORGIA LAWS 2008 SESSION
4467
SECTION 1. An Act creating a new charter for the City of Kennesaw, approved April 1O, 1971 (Ga. L. 1971, p. 3620), as amended, particularly by an Act approved May 5, 2006 (Ga. L. 2006, p. 4497), is amended by adding a new subsection at the end of Section 1.03 to read as follows:
'(x) Internet Service Provider and Wireless (Wi-Fi) Internet Service Provider. The city shall have the power and authority to construct, acquire, own, hold, lease, sell, resell, build, maintain, operate, and contract for an Internet systems network in order to provide Internet services, including but not limited to wireless (Wi-Fi) Internet service and other associated and related technologies; to interconnect its system to community needs; to finance such system, from time to time, through the issuance of revenue bonds as may be permitted by the Constitution and laws of the State of Georgia or through public or private contracts or both; to make any contract for and furnish the services of any said system to consumers within the city limits or pursuant to intergovernmental agreement for locations outside the city limits; and to recoup and defray the costs associated with providing such services through the leasing, selling, or sponsoring of web space for advertisement purposes.'
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 2008 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 to provide for the City to engage in WiFi, ISP and other technologies and for other purposes.
This 28th day of February, 2008.
Rep. R. Stevens Tumlin, Jr. Chairman, Cobb County Delegation District 38 Georgia House of Representatives
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ed 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
4468
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
County on March I, 2008, and that the notice requirements of Code Section 28-1-14 have been met.
s/ ED SETZLER Ed Setzler Representative, District 35
Sworn to and subscribed before me, this 6th day of March 2008.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 14, 2008.
HOME RULE ORDINANCES
OF COUNTIES
AND CONSOLIDATED GOVERNMENTS
GEORGIA LAWS 2008 SESSION
4471
DEKALB COUNTY- DEKALB PLANNING COMMISSION; DEKALB COUNTY ZONING BOARD OF APPEALS; APPOINTMENT OF MEMBERS; TERMS.
DEKALB COUNTY-PLANNING COMMISSION AND ZONING BOARD OF APPEALS
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 1956, FOUND IN GEORGIA LAWS 1956, PAGE 3222, ET SEQ.,AS AMENDED, AUTHORIZING THE APPOINTMENT AND THE TERM OF APPOINTMENT OF MEMBERS OF THE DEKALB PLANNING COMMISSION AND THE DEKALB COUNTY ZONING BOARD OF APPEALS.
BE IT ORDAINED by the Governing Authority of DeKalb County, Georgia, and it is ordained by the authority of same, pursuant to the home rule provisions for counties of the Constitution of the State of Georgia, that the Act, known as 1956 Ga. Laws p. 3332, et seq., as amended, pertaining to the DeKalb County Planning Commission and the Dekalb County Board of Zoning Appeals, be and the same is hereby further amended as follows:
PARTI. ENACTMENT
By deleting subsection (b) of Section 1 of the 1956 Ga. Laws. p.3332, et seq, as amended (codified as Section 1116(b), in Appendix B of Code ofDeKalb County) in its entirety and substituting in lieu thereof a new subsection (b) to read as follows:
Sec. 1116. Creation and appointment.
***
(b) Members of the planning commission shall serve for a four (4) year term unless such terms ends in the manner set forth herein or until their successor is appointed and qualified. A planning commissioner's term shall end immediately on the date a vacancy, as that term is defined by section 6 of the Organizational Act of DeKalb County, occurs in the office ofthe appointing elected official. Members ofthe planning commission shall hold no other county office or county compensated position. The appointing governing authority or authorities shall determine the amount of compensation, if any, to be paid to the members of the planning commission. The
4472
COUNTY HOME RULE ORDINANCES
appointing county governing authority or municipal governing authority shall have authority to remove any member for cause stated in writing and after a public hearing. No person shall serve or continue to serve as a member of the planning commission until they have been certified as having completed a training session of eight (8) hours. Planning Commissioners may be reappointed to successive terms without limitation.
***
By deleting subsection (b) ofSection 11 ofthe 1956 Ga. Laws. p.3332, et seq, as amended (codified as Section 1130(b), in Appendix B of Code ofDeKalb County) in its entirety and substituting in lieu thereof a new subsection (b) to read as follows:
Sec. 1130. Board of appeals.
***
(b) There is hereby established a zoning board of appeals, which shall consist of seven (7) members, each of whom shall be resident of the county. Each member of the board of commissioners shall make one (I) appointment from their district. The term of each member shall run concurrently with the term ofthe person making the appointment and the term of that member of the zoning board of appeals ends on the date a vacancy, as that term is defined by section 6 of the Organizational Act ofDeKalb County, occurs in the office of the appointing elected official. Zoning board of appeals members shall be appointed for four-year terms unless such term ends in the manner set forth herein or until their successor is appointed and qualified. If a member moves outside the county, that shall constitute a resignation from the board, effective upon the date a replacement is appointed. Members may be reappointed to successive terms without limitation. The joint board of zoning appeals shall consist of five (5) members, one (I) of whom shall be a member of the municipal-county planning commission of the area served appointed by that body, two (2) members shall be citizens of the county, appointed by the governing authority of the county, and two (2) shall be citizens of the municipality, appointed by the governing authority of the municipality. Terms of the members of the joint board of zoning appeals shall be for four (4) years or thereafter until their successors are appointed, except that the respective terms of the initial two (2) county-appointed members shall be for one (I) and three (3) years and the terms of the initial two (2) municipal-appointed members shall be for two (2) and four (4) years. Any vacancy in the membership of a board of zoning appeals shall be filled for the unexpired term in the same manner as the initial appointment. Zoning board ofappeals members may be removed by the board of commissioners at any time for failure to attend three (3) consecutive meetings or for failure to attend seventy-five (75) percent or more of the meetings within any calendar year or for any other good cause related
GEORGIA LAWS 2008 SESSION
4473
to performance of duties. The appointing commission member shall have the authority to remove his or her appointee for cause stated in writing to the secretary and the member proposed to be removed. It shall be the duty of the secretary of the board to keep a record of the attendance of members and to notify both the member and the board of commissioners when any member is removed pursuant to the requirement of this section. Such removal shall be effective ten (10) days following notification by the secretary to the board of commissioners. Upon request of the member proposed for removal, the board of commissioners shall hold a hearing on the removal before it becomes effective. The appointing municipal governing authority shall have authority to remove any member for cause stated in writing and after public hearing. The appointing governing authority or authorities shall determine the amount of compensation, if any, to be paid to the members of the board of zoning appeals. Members of a board of zoning appeals may hold no other county office or compensated position, except that one (I) member of the joint board of zoning appeals may be a member of the planning commission of the area served. No person shall serve or continue to serve as a member of the zoning board of appeals until they have, been certified as having completed a minimum of eight (8) hours of training.
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 of 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 that 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 or repeal is on file in the office of the Clerk of Superior Court of DeKalb County for the purposes of examination and inspection by the public.
4474
COUNTY HOME RULE ORDINANCES PARTY
This Ordinance shall be first presented to the Board of Commissioners of DeKalb County, Georgia on the__day of__2007, and again on the__day of__2007, at the regular time and place of the meeting of the DeKalb County Board of Commissioners.
PART VI
A synopsis of this Ordinance shall be published in the official organ ofDeKalb County once
a week for three weeks, namely on the__day of__, the__ day of__ and on the
__day of
, and a copy of this Ordinance shall be filed with the Clerk of DeKalb
County Superior Court for the purpose of examination and inspection of the public, along
with sufficient copies of the same for distribution to those members of the public who desire
the same.
PART VII
The provisions of this Ordinance are 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, on
on
, 2007.
, 2007, and again
BURRELL ELLIS Presiding Officer Board of Commissioners of DeKalb County, Georgia
APPROVED by the Chief Executive Officer of DeKalb County, Georgia this _ _ day
of,
2007.
VERNON JONES Chief Executive Officer DeKalb County, Georgia
ATTEST:
GEORGIA LAWS 2008 SESSION
4475
MICHAEL J. BELL, Ex-Officio Clerk, Board of Commissioners and Chief Executive Officer DeKalb County, Georgia
APPROVED AS TO FORM
APPROVED AS TO SUBSTANCE
William J. Linkous, III County Attorney DeKalb County, Georgia
Patrick Ejike Planning and Development DeKalb County, Georgia
STATE OF GEORGIA COUNTY OF DEKALB
I, MICHAEL J. BELL, the duly authorized Ex-Officio Clerk of the Board of
Commissioners and Chief Executive Officer ofDeKalb County, Georgia, do hereby certify
that the attached instrument is a true and correct copy of the Ordinance adopted by said
Board at two regular, consecutive meetings held on
, 200_ and on
, 200_.
MICHAEL J. BELL, Ex-Officio Clerk of the Chief Executive Officer and Board of Commissioners, DeKalb County, Georgia.
Sworn to and subscribed before me this _ _ day
of
,200_
Notary Public
4476
COUNTY HOME RULE ORDINANCES
DEKALB COUNTY BOARD OF COMMISSIONERS
[ITEM NO.
HEARING TYPE PUBLIC HEARING
ZONING AGENDA I MINUTES MEETING DATE: JUNE 12, 2007
ACTION TYPE ORDINANCE
Substitute
SUBJECT: DeKalb Planning Commission and Zoning Board of Appeals - Home Rule Amendment
[DEPARTMENT: Planning
I .r PUBLIC HEARING: YES NO
ATTACHMENT: .fYES o NO
PAGES:
~
INFORMATION Patrick Ejike/KevinHunter CONTACT:
PHONE NUMBER:
(404-371-2155)
Normal Coursed 7127/06; Deferred from 8/10/06, 8/22/06, 9/12/06, 9/26/06, 11/14/06, 11/28/06, (2/13/07 to the Land Use Committee, and back to the BOC), 3/27/07, & 4/24/07 (deferred to the committee as a whole and back to the 5/22/07 AM public hearing); Deferred from 5/8/07 & 5/22/07 for a public hearing.
PURPOSE: TA-07-10095 To consider approving the attached Home Rule Ordinance pertaining to the appointment of, term of, appointment and removal of members of the DeKalb County Planning Commission and the DeKalb County Zoning Board of Appeals.
NEED/IMP ACT:
The Governing Authority is authorized, pursuant to the home rule provisiOn of the Constitution of the State of Georgia, to make amendments to an Act of General Assembly of 1956, approved on March 9, 1956 found in Georgia Laws 1956, Page 3222, et seq., as amended, pertaining to the Planning Commission and Board of Zoning Appeals.
GEORGIA LAWS 2008 SESSION RECOMMENDATIONS(S):
4477
1st ADOPTION AND DEFERRAL TO JUNE 26, 2007, FOR 2nd ADOPTION. The proposed Home Rule Amendment has been properly advertised to be adopted on two (2) consecutive readings. Therefore, it is the recommendation of the Planning and Development Department that the proposed home rule amendment be "Approved for 1st adoption and deferred to the June 26, 2007 Board of Commissioners public hearing for the 2nd and Final Adoption."
FOR USE BY COMMISSION OFFICE/CLERK ONLY
ACTION: H6
THIS ITEM WAS HEARD OUT OF ORDER, BUT FOR ORGANIZATIONAL PURPOSES, WILL REMAIN IN SEQUENCE.
MOTION was made by Commissioner Ellis, seconded by Commissioner May and passed 7-0-0-0, to approve for the first reading and come back to the Board on June 26, 2007, for the second reading, the Substitute DeKalb Planning Commission and Zoning Board of Appeals - Home Rule Amendment.
ADOPTED: JUN 12 2007
CERTIFIED: JUN 12 2007
(DATE)
(DATE)
sf BURRELL ELLIS PRESIDING OFFICER DEKALB COUNTY BOARD OF COMMISSIONERS
sf BARBARA H. SANDERS CCC etER*, Chief Deputy Clerk DEKALB COUNTY BOARD OF COMMISSIONERS
FOR USE BY CHIEF EXECUTIVE OFFICER ONLY
APPROVED: JUN 18 2007
VETOED:_ _ _ _ _ __
sf VERNON JONES CHIEF EXECUTIVE OFFICER DEKALB COUNTY
CHIEF EXECUTIVE OFFICER DEKALB COUNTY
VETO STATEMENT ATTACHED: _ __
4478 MINUTES:
COUNTY HOME RULE ORDINANCES
Joe Arrington, 466 S. Rays Road, Stone Mountain, Ga. 30083, Larry Danese, 1829 W. Nancy Creek Drive, Atlanta, Ga. 30341, spoke in support of the application.
John Steinichen, 1863 Merrimac Court, Atlanta, Ga. 300329 and Viola Davis, 909 Rays Road Stone Mountain, Ga. 30083, spoke in opposition of the application.
FOR
AGAINST ABSTAIN ABSENT
DISTRICT 1 -ELAINE BOYER DISTRICT 2- JEFF RADER DISTRICT 3- LARRY JOHNSON DISTRICT 4 - BURRELL ELLIS DISTRICT 5 - LEE MAY DISTRICT 6 - KATHIE GANNON DISTRICT 7- CONNIE STOKES
-X -X -X -X -X -X -
-X -
DEKALB COUNTY
[ITEM NO.
BOARD OF COMMISSIONERS
HEARING TYPE PUBLIC HEARING
ZONING AGENDA I MINUTES MEETING DATE: JUNE 26,2007
ACTION TYPE ORDINANCE
SUBJECT: DeKalb Planning Commission and Zoning Board of Appeals- Home Rule Amendment
[DEPARTMENT: Planning
[ PUBLIC HEARING:
/'YES
NO
ATTACHMENT: /'YES o NO
PAGES:
GJ
INFORMATION Patrick Ejike/Kevin Hunter CONTACT:
PHONE NUMBER: (404-371-2155)
Normal Coursed 7/27/06; Deferred from 8/10/06, 8/22/06, 9/12/06, 9/26/06, 11114/06, 11128/06, (2/13/07 to the Land Use Committee, and back to the BOC), 3/27/07, & 4/24/07
GEORGIA LAWS 2008 SESSION
4479
(deferred to the committee as a whole and back to the 5/22/07 AM public hearing); Deferred from 5/8/07, 5/22/07 & 6/12/07 for a public hearing.
PURPOSE: TA-07-10095 To consider approving the attached Home Rule Ordinance pertaining to the appointment of, term of, appointment and removal of members of the DeKalb County Planning Commission and the DeKalb County Zoning Board of Appeals.
NEED/IMPACT:
The Governing Authority is authorized, pursuant to the home rule provision of the Constitution of the State of Georgia, to make amendments to an Act of General Assembly of 1956, approved on March 9, 1956 found in Georgia Laws 1956, Page 3222, et seq., as amended, pertaining to the Planning Commission and Board of Zoning Appeals.
RECOMMEND A TIONS(S):
SECOND (2nd) AND FINAL ADOPTION: The proposed Home Rule Amendment has been properly advertised to be adopted on two (2) consecutive readings. This would be the second and final consecutive reading for final adoption of the home rule amendment pertaining to the appointment of, term of, appointment and removal of members of the DeKalb County Planning Commission and the DeKalb County Zoning Board of Appeals. Therefore, it is the recommendation of the Planning and Development Department that the proposed home rule amendment be "Approved for the Second (2nd), and Final Adoption."
FOR USE BY COMMISSION OFFICE/CLERK ONLY
ACTION: H22
MOTION was made by Commissioner Gannon, seconded by Commissioner Boyer, and passed 6-0-0-1, to approve the second reading of the DeKalb Planning Commission and Zoning Board of Appeals- Home Rule Amendment. Commissioner Stokes was out of the room and not voting.
ADOPTED: __~JU=N~2~6=20~0~7_____ CERTIFIED: JUN 26 2007
(DATE)
(DATE)
4480
COUNTY HOME RULE ORDINANCES
s/ BURRELL ELLIS PRESIDING OFFICER DEKALB COUNTY BOARD OF COMMISSIONERS
s/ MICHAEL J. BELL CLERK, DEKALB COUNTY BOARD OF COMMISSIONERS
FOR USE BY CHIEF EXECUTIVE OFFICER ONLY
APPROVED: JUL 02 2007
s/ VERNON JONES CHIEF EXECUTIVE OFFICER DEKALB COUNTY
VETOED:_ _ _ _ __
CHIEF EXECUTIVE OFFICER DEKALB COUNTY
VETO STATEMENT ATTACHED: _ __
MINUTES:
No one spoke in support of the application.
John Steinichen, 1863 Merrimac Court, Atlanta, Ga. 30329, spoke in opposition of the application.
FOR
AGAINST ABSTAIN ABSENT
DISTRICT 1 - ELAINE BOYER DISTRICT 2 - JEFF RADER DISTRICT 3- LARRY JOHNSON
-X -
-X -
X
DISTRICT 4 -BURRELL ELLIS
-X -
DISTRICT 5 - LEE MAY
-X -
DISTRICT 6 - KATHIE GANNON -X-
DISTRICT 7- CONNIE STOKES
X
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,
GEORGIA LAWS 2008 SESSION
4481
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, 6/12/07 & 6/26/07 was published in said newspaper on the following date(s):
05/31/07' 06/07/07' 06/14/07' 06/21/07
s/ CAROLYN JERNIGAN GLENN CAROL J. GLENN, PUBLISHER
Sworn to and subscribed before me this 06/21/07.
s/ JACQUELINE BRYANT Notary Public My commission expires September 22, 2010
LEGAL NOTICE Manuel J. Maloof Center 1300 Commerce Drive, Suite 400 Decatur, GA 30030-3221
Notice is hereby given by DeKalb County Board of Commissioners that the hearings on the following application(s) will be held by the DeKalb County Planning Commissioners and the DeKalb County Board of Commissioners in the Auditorium of the Maloof Center, 1300 Commerce Drive, Decatur, Georgia, on the following dates:
Tuesday, June 12, 2007- Board of Commissioners- 10:00 a.m. Tuesday, June 26, 2007- Board of Commissioners- 10:00 a.m.
TA-06-10095 DeKalb Planning Commission and Board of Appeals- Home Rule Amendment
Application of DeKalb County Board of Commission to consider approving a home rule ordinance pertaining to the appointment of, term of appointment and removal of members of the DeKalb County Planning Commission and the DeKalb County Zoning Board of Appeals.
TA-06-10279 DeKalb Planning Commission and Board of Appeals Appointments
4482
COUNTY HOME RULE ORDINANCES
Application ofDeKalb County Board of Commissioners to consider approving the attached ordinance amending Chapter 27 of the Code ofDeKalb County, regarding the appointment to and removal from the County's Planning Commission and Zoning Board of Appeals.
Filed in the Office of the Secretary of State August 6, 2007.
BRANTLEY COUNTY- BOARD OF COMMISSIONERS; CHAIRPERSON; DUTIES.
RESOLUTION
PURPOSE: TO AMEND THE ACT WHICH CREATED THE OFFICE OF COMMISSIONERS OF BRANTLEY COUNTY (Ga. Laws 1927, p. 500) AS AMENDED; TO DELETE THE PROVISIONS FROM SECTION 4 OF SAID ACT REQUIRING THE CHAIRMAN OF THE BOARD TO CARRY OUT THE POLICIES OF THE BOARD CONCERNING THE GOVERNING AFFAIRS OF THE COUNTY.
WHEREAS, Section 4 of the Act creating office of commissioners of Brantley County, (Ga. Laws 1927, p. 500), as amended, which establishes the position of chairperson of the board of commissioners, includes the following as its second sentence:
He or she shall carry out the policies of the board concerning the governing of the affairs of Brantley County.
And;
WHEREAS, the Board of Commissioners desire to create and establish the position of County Manager as authorized under the provisions of O.C.G.A. 36-5-22, and to vest in that office the duties and responsibilities of an administrative nature that would include carrying out of the policies of the board concerning the governing of the affairs of the County; and
WHEREAS, the Board of Commissioners, under the Home Rule proviSions of the Constitution of the State of Georgia, Article 9, Section 2, Paragraph I, now desire to delete that provision of the Act creating the office of commissioners of Brantley County in Section 4 that requires the chairperson of the board to carry out the policies of the board.
NOW, THEREFORE, BE IT RESOLVED, that the Act creating the office of commissioners of Brantley County (Ga. Laws 1927, p. 500), as amended, is amended by
GEORGIA LAWS 2008 SESSION
4483
striking the second sentence from Section 4 in its entirety, so that as amended Section 4 shall be as follows:
The chairperson of the board of commissioners shall be the chief executive officer of the board. He or she shall not vote on questions coming before the board except to break a tie. The board of commissioners shall establish the chairpersons salary in an amount not more than the highest salary paid to any constitutional officer ofthe county and not less that the sum of one-fourth of the total salaries of the constitutional officers of the county as such salaries were calculated on January 1,1999. The chairperson's salary shall be recomputed according to the above-stated formula upon any increase in the salary of any of said constitutional officers. In addition to the compensation otherwise provided in this Act, the chairperson of the board of commissioners shall receive a mileage expense at the rate set by the State of Georgia for its employees per mile traveled pursuant to his or her official duties.
SO RESOLVED and adopted by the Board of Commissioners of Brantley County.
Adopted and approved by vote of the Board of the 9th day of October, 2007, and again on the 13th day of November, 2007.
BOARD OF COMMISSIONERS OF BRANTLEY COUNTY, GEORGIA
By sf TERRY THOMAS Chairman [Not voting but opposed]
sf E. A. HUNTER Commissioner
sf LINTON A. HERRIN Commissioner
sf CHARLIE SUMMERLIN Commissioner
sf Voting "No"- Brian Hendrix Commissioner
Attest: sf DALE J. HALLIGAN Dale J. Halligan, Clerk
4484
COUNTY HOME RULE ORDINANCES
STATE OF GEORGIA, COUNTY OF BRANTLEY.
CERTIFICATE OF CLERK
I, Dale J. Halligan, Clerk of the Board of Commissioners of Brantley County, do hereby certify that the foregoing two pages is a true and correct copy of a Resolution as finally adopted by majority vote of the Board of Commissioners of Brantley County on November 13, 2007, after having been first adopted on October 9, 2007.
This 14th day of November, 2007.
sf DALE J. HALLIGAN Dale J. Halligan, Clerk Board of Commissioners of Brantley County, GA
STATE OF GEORGIA, COUNTY OF BRANTLEY.
AFFIDAVIT
Personally appeared Mittie Vaughn before the undersigned officer, duly authorized to administer oaths in the State of Georgia, and, who, after being duly sworn stated and deposed as follows:
1. That affiant is the publisher and editor of the Brantley County Express, which is the official organ for Brantley County, Georgia; the newspaper in which official Sheriffs advertisements are published.
2. That the attached copy of a "Notice" was published in the regular weekly editions of said newspaper on the following dates: October 18th, October 25th, and November 1, 2007.
This 13th day of November, 2007.
sf MITTIE VAUGHN Mittie Vaughn, Publisher Brantley County Express
GEORGIA LAWS 2008 SESSION
Sworn to and subscribed before me, this 13 day of November, 2007.
4485
s/ KARISSA D. COOK Notary Public [SEAL]
NOTICE
The Board of Commissioners of Brantley County passed a Resolution pursuant to the Home Rule provisions of the Constitution of the State of Georgia, Article 9, Section 2, Paragraph I, at its first reading on October 9, 2007, to amend the Act creating the office of the board of commissioners of Brantley County, (Ga. Laws 1927, p. 500) as amended.
The proposed amendment would delete the second sentence from Section 4 of the Act, which requires the chairperson of the board to carry out the policies of the board concerning the governing affairs of the County.
As amended by this proposed action of the Board of Commissioners, Section 4 would then be as follows:
The chairperson of the board of commissioners shall be the chief executive officer of the board. He or she shall not vote on questions coming before the board except to break a tie. The board of commissioners shall establish the chairpersons salary in an amount not more than the highest salary paid to any constitutional officer ofthe county and not less that the sum of one-fourth of the total salaries of the constitutional officers of the county as such salaries were calculated on January 1,1999. The chairperson's salary shall be recomputed according to the above-stated formula upon any increase in the salary of any of said constitutional officers. In addition to the compensation otherwise provided in this Act, the chairperson of the board of commissioners shall receive a mileage expense at the rate set by the State of Georgia for its employees per mile traveled pursuant to his or her official duties.
Said amendment will be considered for final adoption during a meeting of the Board of Commissioners to be held on November 13, 2007, beginning at 6:00 o'clock P.M.
A copy of the Resolution to make the said amendment is on file in the office of the Clerk of the Superior Court of Brantley County, in the Brantley County Courthouse, Nahunta, Georgia. It is on file there for the purpose of examination and inspection by the public. The Clerk of Court will, upon written request, furnish anyone with a copy of the said Resolution.
4486
COUNTY HOME RULE ORDINANCES
BOARD OF COMMISSIONERS OF BRANTLEY COUNTY
Filed in the Office of the Secretary of State February 28, 2008.
CLAYTON COUNTY- CIVIL SERVICE; CONSTITUENT AIDE.
STATE OF GEORGIA COUNTY F CLAYTON
ORDINANCE NO. 2007- 159
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 OR ORDINANCES, AND SPECIFICALLY RELEVANT SECTIONS OF THE CLAYTON COUNTY CIVIL SERVICE ACT AND THE CIVIL SERVICE RULES AND REGULATIONS PERTAINING THERETO, TO PROVIDE FOR CREATION OF AN UNCLASSIFIED POSITION; TO PROVIDE AN EFFECTIVE DATE OF THIS ORDINANCE, AND FOR OTHER PURPOSES.
WHEREAS, Clayton County, Georgia, maintains the Clayton County Civil Service System (the "System") by an Act of the General Assembly of the State of Georgia, which was originally established and approved on April2, 1963, and was last amended by Ga. L. 1994, p. 4399, and approved and signed by the Governor on March 29, 1994; and
WHEREAS, the Board of Commissioners now desires to amend the Clayton County Civil Service Act, and the Civil Service Rules and Regulations pertaining thereto, to provide for the position of Constituent Aide as an unclassified position within the Clayton County government.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONER OF CLAYTON COUNTY, GEORGIA AND IT IS HEREBY ORDAINED
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 of Commissioners hereby amends the Clayton County Civil Service Act, and the Civil Service Rules and Regulations pertaining thereto, effective as ofOctober 16, 2007, in the following particulars:
By adding the following unclassified position to Section 2(c) of the Civil Service Act, which lists Clayton County employees who may not be placed under the Civil Service System:
"Constituent Aide"
GEORGIA LAWS 2008 SESSION
4487
Section 2. The unclassified position of Constituent Aide will serve at the pleasure of a Clayton County District Commissioner and will provide administrative and technical support to a District Commissioner in responding to and assisting constituents and assisting with that Commissioner's duties and daily job responsibilities.
SO ORDAINED, this the 16th of October, 2007.
CLAYTON COUNTY BOARD OF COMMISSIONERS
sf ELDRIN BELL (OPPOSED) ELDRIN BELL, CHAIRMAN
sf SONNA SINGLETON SONNA SINGLETON, VICE CHAIRWOMAN
sf VIRGINIA BURTON GRAY (OPPOSED) VIRGINIA BURTON GRAY, COMMISSIONER
sf WOLE RALPH WOLE RALPH, COMMISSIONER
sf MICHAEL EDMONDSON MICHAEL EDMONDSON, COMMISSIONER
ATTEST:
sf SHELBY D. HAYWOOD SHELBY D. HAYWOOD, CLERK
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. 2007-159 regarding the creation of an unclassified position, "Constituent Aide," 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. This ordinance will amend the Clayton County Code of Ordinances; specifically relevant sections of the Clayton County Civil Service Act and the
4488
COUNTY HOME RULE ORDINANCES
applicable Civil Service Rules and Regulations. Ordinance 2007-159 is on file in the Clayton County Commissioner's Office, 112 Smith Street, Jonesboro, Clayton County, Georgia.
s/ SHELBY D. HAYWOOD Shelby D. Haywood, Clerk Board of Commissioners Clayton County, Georgia November 7, 2007
SEAL:
ORDINANCE 2007-159
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 2, 2007 with the following members present: Chairman Eldrin Bell, Vice Chairman Sonna Singleton, Commissioner Virginia Burton Gray, Commissioner Wole Ralph, and Commissioner Michael Edmondson. By general consensus, the Board accepted this first reading.
s/ SHELBY D. HAYWOOD SHELBY D. HAYWOOD, CLERK CLAYTON COUNTY BOARD OF COMMISSIONERS
The second reading ofthe above and foregoing Ordinance was held atthe Regular Business Meeting of the Board of County Commissioners of Clayton County on October 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 October 2, 2007 and October 16, 2007, Ordinance 2007-159 was adopted at the Regular Business Meeting ofOctober 16, 2007. The following members were present on October 16, 2007 and voted in favor of Ordinance 2007-159: Vice Chairman Sonna Singleton, Commissioner Wole Ralph, and Commissioner Michael Edmondson. Also
GEORGIA LAWS 2008 SESSION
4489
present were two (2) members who voted in opposition of Ordinance 2007-159: Chairman Eldrin Bell and Commissioner Virginia Burton Gray. The motion carried 3-2.
ATTEST: s/ SHELBY D. HAYWOOD SHELBY D. HAYWOOD CLERK OF THE COMMISSION November 7, 2007
(SEAL)
s/ SHELBY D. HAYWOOD SHELBY D. HAYWOOD, CLERK CLAYTON COUNTY BOARD OF COMMISSIONERS
State of Georgia County of Clayton
Personally appeared before the undersigned, Tim Kelley, who after being first duly sworn states that he is the Advertising Account Executive for the Clayton News Daily, official legal organ of CLAYTON COUNTY, GEORGIA, and that upon his own personal knowledge he knows that the advertisement, a true copy of which is hereto annexed, was published in said newspaper of general circulation on the following dates:
October 1, 8, 15, 2007
sf TIM KELLEY Affiant
Sworn to and subscribed before me this 15th day of October, 2007.
[SEAL]
s/ RITA M. CAMP Signed Rita M. Camp, Notary Public My commission expires November 23, 2008
NOTICE OF PROPOSED AMENDMENT TO THE CLAYTON COUNTY CIVIL SERVICE ACT AND CIVIL SERVICE RULES AND REGULATIONS TO PROVIDE FOR CREATION OF AN UNCLASSIFIED POSITION
4490
COUNTY HOME RULE ORDINANCES
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 CIVIL SERVICE ACT AND CIVIL SERVICE RULES AND REGULATIONS TO PROVIDE FOR CREATION OF AN UNCLASSIFIED POSITION; TO PROVIDE ANEFFECTIVE DATE OF THIS ORDINANCE; AND FOR OTHER PURPOSES.
WHEREAS, Clayton County, Georgia, maintains the Clayton County Civil Service System (the "System") by an Act of the General Assembly of the State of Georgia, which was originally established and approved on April2, 1963, and was last amended by Ga. L. 1994, p. 4399, and approved and signed by the Governor on March 29, 1994; and
WHEREAS, the Board of Commissioners now desires to amend the Clayton County Civil Service Act, and the Civil Service Rules and Regulations pertaining thereto, to provide for the position of Constituent Aide as an unclassified position within the Clayton County government.
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 of Commissioners hereby amends the Clayton County Civil Service Act, and the Civil Service Rules and Regulations pertaining thereto, effective as ofOctober 16, 2007, in the following particulars:
By adding the following unclassified position to Section 2(c) of the Civil Service Act, which lists Clayton County employees who may not be placed under the Civil Service System.
"Constituent Aide"
A copy of the proposed amendment is on file in the office of Linda Miller the Clerk of Superior Court of Clayton County for the purpose of examination and inspection by the public. The Clerk shall furnish a copy of the proposed amendment upon written request.
ANY COMMENTS TO THE PROPOSED ORDINANCE MAY BE DIRECTED IN WRITING TO THE CLAYTON COUNTY BOARD OF COMMISSIONERS AT 112 SMITH STREET, JONESBORO, GEORGIA 30236.
This the 28th day of September, 2007.
GEORGIA LAWS 2008 SESSION
4491
Filed in the Office of the Secretary of State November 20, 2007.
DEKALB COUNTY- PLACEMENT OF POLITICAL POSTERS, SIGNS, AND ADVERTISEMENTS.
A HOME RULE ORDINANCE
JANUARY 8, 2008 08-02
A HOME RULE ORDINANCE BY THE GOVERNING AUTHORITY OF DEKALB COUNTY UNDER THE HOME RULE PROVISIONS FOR COUNTIES, AS SET FORTH IN THE CONSTITUTION OF THE STATE OF GEORGIA, TO AMEND AN ACT OF THE GENERAL ASSEMBLY OF 1968, APPROVED ON APRIL 3,1968, FOUND IN GEORGIA LAWS 1968, PAGE 2972, ET SEQ.
BE IT ORDAINED by the Governing Authority of DeKa1b County, Georgia, and it is ordained by the authority of same, pursuant to the home rule provisions for counties of the Constitution of the State of Georgia, that the Act, known as 1968 Ga. Laws p. 2972, et seq., as amended, pertaining to political posters, signs and advertisements is hereby amended as follows:
By deleting Section 1(d) and (e) of the 1968 Ga. Laws, p. 2972 et seq, (codified as section 702, in Appendix B ofthe Code ofDeKalb County) to amend section 702 to read as follows:
Sec. 702. Placement of political posters, sign and advertisements- Prohibited.
It shall be unlawful for any person within the territorial limits ofDeKalb County to place political posters, signs and advertisements:
(a) Within the right-of-way of any public streets located within such county;
(b) On any public property or building; and
(c) On any private property unless the owner thereof has given written permission to place such political campaign posters, signs and advertisements on such property.
4492
COUNTY HOME RULE ORDINANCES
By deleting Section 2 of the 1968 Ga. Laws. p. 2972, et seq, (codified as section 703, in Appendix B of the Code ofDeKalb County) in its entirety as follows:
Sec. 703. Repealed.
PART II
All laws or parts of laws in conflict with this Ordinance are hereby replaced.
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 of 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 that 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 or repeal is on file in the office of the Clerk of Superior Court of DeKalb County for the purposes of examination and inspection by the public.
PARTV This Ordinance shall be first presented to the Board of Commissioners of DeKalb County, Georgia on the 18th day of December 2007, and again on the 8th day of January 2008, at the regular time and place of the meeting of the DeKalb County Board of Commissioners.
PART VI A synopsis of this Ordinance shall be published in the official organ ofDeKalb County once a week for three weeks, namely on the 13th day of December 2007, the 20th day of December 2007 and on the 27th day of December 2007, and a copy of this Ordinance shall be filed with the Clerk ofDeKalb County Superior Court for the purpose of examination and inspection of the public, along with sufficient copies of the same for distribution for those members of the public who desire the same.
PART VII The provisions of this Ordinance are 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
GEORGIA LAWS 2008 SESSION
4493
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, on December 18, 2007, and again on January 8, 2008.
sf BURRELL ELLIS BURRELL ELLIS Presiding Officer Board of Commissioners of DeKalb County, Georgia
APPROVED by the Chief Executive Officer of DeKalb County, Georgia this 10 day of January, 2007.
sf VERNON JONES VERNON JONES Chief Executive Officer DeKalb County, Georgia
ATTEST
APPROVED AS TO SUBSTANCE:
sf MICHAEL J. BELL MICHAEL J. BELL, Ex-Officio Clerk, Board of Commissioners and Chief Executive Officer DeKalb County, Georgia
sf LINDA W. LATIMORE LINDA LATIMORE Director, Voter Registration & Elections DeKalb County, Georgia
APPROVED AS TO FORM:
sf WILLIAM J. LINKOUS, III County Attorney DeKalb County, Georgia
STATE OF GEORGIA COUNTY OF DEKALB
I, MICHAEL J. BELL, the duly authorized Ex-Officio Clerk of the Board of Commissioners and Chief Executive Officer of DeKalb County, Georgia, do hereby certify that the attached instrument is a true and correct copy ofthe Ordinance adopted by said board at two regular, consecutive meetings held on December 18, 2007 and on January 8, 2008.
4494
COUNTY HOME RULE ORDINANCES
sf MICHAEL J. BELL MICHAEL J. BELL, Ex-Officio Clerk of the Chief Executive Officer and Board of Commissioners, DeKalb County Georgia
Sworn to and subscribed before me this 22 day of January, 2008.
sf Doris G. Blackman Notary Public DORIS G. BLACKMAN Notary Public, Fulton County, Georgia My Commission Expires August 21, 2009
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, DECEMBER 18,2007 was published in said newspaper on the following date(s): l2113f07, 12f20f07, 12f27f07
sf CAROLYN J. GLENN CAROLYN J. GLENN, PUBLISHER
Sworn to and subscribed before me this l2f27f07.
sf Jacqueline Bryant Notary Public My commission expires September 22, 2010 [SEAL]
GEORGIA LAWS 2008 SESSION
4495
PUBLIC NOTICE HOME RULE AMENDMENT REGARDING POLITICAL POSTERS, SIGNS & ADVERTISEMENTS
Notice is hereby given that the Board of Commissioners will consider approving a home rule ordinance ordinance pertaining to political campaign advertising at their public meeting on December 18, 2007 beginning at 9:00AM. The legislation under consideration for enactment is intended to eliminate an inconsistency between the Code of DeKalb County, Appendix B, Section 702 and the County's sign ordinance in chapter 21 and to repeal Code ofDeKalb County, Appendix B, Section 703 which requires a lengthy warning on political posters, signs and advertisements. The full text of the ordinance is filed with the Clerk of the Superior Court of DeKalb County at 556 North McDonough Street, Decatur 30030 and is available for review by the public upon request during regular business hours.
Filed in the Office of the Secretary of State January 28, 2008.
CLAYTON COUNTY- PUBLIC EMPLOYEE RETIREMENT SYSTEM; NORMAL RETIREMENT BENEFITS.
STATE OF GEORGIA COUNTY OF CLAYTON
ORDINANCE NO. 2007- 128
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 SPECIFY THE NORMAL RETIREMENT BENEFIT APPLICABLE TO AN IDENTIFIED CLASS OF PARTICIPANTS; 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;
4496
COUNTY HOME RULE ORDINANCES
WHEREAS, the Plan was last amended by Ordinance No. 2006-70 of the Clayton County Code of Ordinances; and
WHEREAS, the Board of Commissioners now desires to amend the Plan to specify the normal retirement benefit applicable to an identified class of participants.
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 of Commissioners hereby amends the Clayton County Code of Ordinances, as amended, by amending the Plan, effective as of September 1, 2007, in the following particulars:
1. By adding the following new paragraph to the end of Section 5.2:
"Notwithstanding the foregoing and in lieu of any other payment of benefits under the Plan, the Accrued Benefit of certain Participants identified in Appendix F as of their Normal Retirement Date shall be the monthly benefit payable in the Normal Fund Payment specified in Appendix F."
2. By adding the following new sentence to the end of Section 5.3:
"The Accrued Benefit of certain Participants identified in Appendix F, however, shall not be subject to the reduction described in the immediately preceding sentence."
3. By deleting "and E" from Section 14 and substituting", E and F" therefor.
4. By adding the following new Appendix F:
"APPENDIX F ACCRUED BENEFIT OF CERTAIN IDENTIFIED PARTICIPANTS
The Accrued Benefit of the Participants listed below as of their Normal Retirement Date shall be a monthly benefit (payable in monthly installments as an annuity for the Participant's life with 60 months guaranteed commending at the Participant's Normal Retirement Date) as follows:
Larry A. Bartlett Michael G. Maddox Hiram D. Massengale
$5,326.17 $4,685.89 $5,141.09"
GEORGIA LAWS 2008 SESSION
4497
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 III. 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 September, 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 GRAY, COMMISSIONER
s/ WOLE RALPH s/ WOLE RALPH, COMMISSIONER
s/ MICHAEL EDMONDSON MICHAEL EDMONDSON, COMMISSIONER
ATTEST:
s/ SHELBY D. HAYWOOD SHELBY D. HAYWOOD, CLERK
4498
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. 2007-128 regarding an amendment to the Clayton County Code of Ordinances in the relevant sections of the Clayton County, Georgia Public Employment Retirement System. This amendment specifies the normal retirement benefit applicable to an identified class of participants; i.e., Larry A. Bartlett, Michael G. Maddox, and Hiram D. Massengale (former Clayton County Sheriff's Office employees). The attached ordinance is on file in the Clayton County Commissioner's Office, 112 Smith Street, Jonesboro, Clayton County, Georgia.
s/ SHELBY D. HAYWOOD Shelby D. Haywood, Clerk Board of Commissioners Clayton County, Georgia September 6, 2007
[SEAL)
State of Georgia County of Clayton
Personally appeared before the undersigned, Monica Allen, who after being first duly sworn states that she is the Advertising Assistant, for the Clayton News Daily, official legal organ ofCLAYTON 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:
August 18,2007
s/ MONICA ALLEN Affiant
Sworn to and subscribed before me this 23rd day of August, 2007.
[SEAL)
s/ RITA M. CAMP Notary Public
GEORGIA LAWS 2008 SESSION
My commission expires November 23, 2008
4499
NOTICE OF PROPOSED AMENDMENT TO THE CLAYTON COUNTY CODE OF ORDINANCES AS IT APPLIES TO THE CLAYTON COUNTY, GEORGIA PUBLIC EMPLOYEE RETIREMENT SYSTEM
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 I983, AMENDING THE CLAYTON COUNTY CODE OF ORDINANCES, SPECIFICALLY RELEVANT SECTIONS OF THE CLAYTON COUNTY, GEORGIA PUBLIC EMPLOYEE RETIREMENT SYSTEM TO SPECIFY THE NORMAL RETIREMENT BENEFIT APPLICABLE TO AN IDENTIFIED CLASS OF PARTICIPANTS; 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; and
WHEREAS, the Plan was last amended by Ordinance No. 2006-70 of the Clayton County Code of Ordinances; and
WHEREAS, the Board of Commissioners now desires to amend the Plan to specify the normal retirement benefit applicable to an identified class of participants.
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, effective as of September 1, 2007, in the following particulars:
I. By adding the following new paragraph to the end of Section 5.2:
"Notwithstanding the foregoing and in lieu ofany other payment of benefits under the Plan, the Accrued Benefit of certain Participants identified in Appendix F as of their Normal
4500
COUNTY HOME RULE ORDINANCES
Retirement Date shall be the monthly benefit payable in the Normal Fund Payment specified in Appendix F."
2. By adding the following new sentence to the end of Section 5.3:
"The Accrued Benefit of certain Participants identified in Appendix F, however, shall not be subject to the reduction described in the immediately preceding sentence."
3. By deleting "and E" from Section 14 and substituting", E and F" therefor.
4. By adding new Appendix F.
A copy of the proposed amendment is on file in the office of Linda Miller the Clerk of Superior Court of Clayton County for the purpose of examination and inspection by the public. The Clerk shall furnish a copy of the proposed amendment upon written request.
ANY COMMENTS TO THE PROPOSED ORDINANCE MAY BE DIRECTED IN WRITING TO THE CLAYTON COUNTY BOARD OF COMMISSIONERS AT 112 SMITH STREET, JONESBORO, GA 30236.
This the 18 day of August, 2007.
State of Georgia County of Clayton
Personally appeared before the undersigned, Monica Allen, who after being first duly sworn states that she is the Advertising Assistant, for the Clayton News Daily, official legal organ ofCLAYTON 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 following dates: August 21, 2007
sf MONICA ALLEN Affiant
Sworn to and subscribed before me this 6th day of September, 2007.
[SEAL]
GEORGIA LAWS 2008 SESSION
4501
s/ RITA M. CAMP Signed Rita M. Camp, Notary Public My commission expires November 23, 2008.
NOTICE OF PROPOSED AMENDMENT TO THE CLAYTON COUNTY CODE OF ORDINANCES AS IT APPLIES TO THECLAYTON COUNTY, GEORGIA PUBLIC EMPLOYEE RETIREMENT SYSTEM
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 SPECIFY THE NORMAL RETIREMENT BENEFIT APPLICABLE TO AN IDENTIFIED CLASS OF PARTICIPANTS; 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; and
WHEREAS, the Plan was last amended by Ordinance No. 2006-70 of the Clayton County Code of Ordinances; and
WHEREAS, the Board of Commissioners now desires to amend the Plan to specify the normal retirement benefit applicable to an identified class of participants.
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 of Commissioners hereby amends the Clayton County Code of Ordinances, as amended, by amending the Plan, effective as of September 1, 2007, in the following particulars:
l. By adding the following new paragraph to the end of Section 5.2:
"Notwithstanding the foregoing and in lieu of any other payment ofbenefits under the Plan, the Accrued Benefit of certain Participants identified in Appendix F as of their Normal
4502
COUNTY HOME RULE ORDINANCES
Retirement Date shall be the monthly benefit payable in the Normal Fund Payment specified in Appendix F."
2. By adding the following new sentence to the end of Section 5.3:
"The Accrued Benefit of certain Participants identified in Appendix F, however, shall not be subject to the reduction described in the immediately preceding sentence."
3. By deleting "and E" from Section 14 and substituting", E and F" therefor.
4. By adding a new Appendix F.
A copy of the proposed amendment is on file in the office of Linda Miller the Clerk of Superior Court of Clayton County for the purpose of examination and inspection by the public. The Clerk shall furnish a copy of the proposed amendment upon written request.
ANY COMMENTS TO THE PROPOSED ORDINANCE MAY BE DIRECTED IN WRITING TO THE CLAYTON COUNTY BOARD OF COMMISSIONERS AT 112 SMITH STREET, JONESBORO, GA 30236.
This the 18 day of August 2007.
State of Georgia County of Clayton
Personally appeared before the undersigned, Monica Allen, who after being first duly sworn states that she is the Advertising Assistant, for the Clayton News Daily, official legal organ ofCLAYTON COUNTY, GEORGIA, and thatuponherownpersonal 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:
August 28, 2007
s/ MONICA ALLEN Affiant
Sworn to and subscribed before me this 6th day of September, 2007.
[SEAL]
GEORGIA LAWS 2008 SESSION
s/ RITA M. CAMP Signed Rita M. Camp, Notary Public My commission expires November 23, 2008.
4503
NOTICE OF PROPOSED AMENDMENT TO THECLAYTON COUNTY CODE OF ORDINANCES AS IT APPLIES TO THECLAYTON COUNTY, GEORGIA PUBLIC
EMPLOYEE RETIREMENT SYSTEM
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 SPECIFY THE NORMAL RETIREMENT BENEFIT APPLICABLE TO AN IDENTIFIED CLASS OF PARTICIPANTS; 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; and
WHEREAS, the Plan was last amended by Ordinance No. 2006-70 of the Clayton County Code of Ordinances; and
WHEREAS, the Board of Commissioners now desires to amend the Plan to specify the normal retirement benefit applicable to an identified class of participants.
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, effective as of September 1, 2007, in the following particulars:
1. By adding the following new paragraph to the end of Section 5.2:
"Notwithstanding the foregoing and in lieu of any other payment ofbenefits under the Plan, the Accrued Benefit of certain Participants identified in Appendix F as of their Normal
4504
COUNTY HOME RULE ORDINANCES
Retirement Date shall be the monthly benefit payable in the Normal Fund Payment specified in Appendix F."
2. By adding the following new sentence to the end of Section 5.3:
"The Accrued Benefit of certain Participants identified in Appendix F, however, shall not be subject to the reduction described in the immediately preceding sentence."
3. By deleting "and E" from Section 14 and substituting", E and F" therefor.
4. By adding a new Appendix F.
A copy of the proposed amendment is on file in the Office of Linda Miller the Clerk of Superior Court of Clayton County for the purpose of examination and inspection by the public. The Clerk shall furnish a copy of the proposed amendment upon written request.
ANY COMMENTS TO THE PROPOSED ORDINANCE MAY BE DIRECTED IN WRITING TO THE CLAYTON COUNTY BOARD OF COMMISSIONERS AT 112 SMITH STREET, JONESBORO, GA 30236.
This the 18 day of August, 2007.
Filed in the Office of the Secretary of State September 20, 2007.
HOME RULE ORDINANCES
OF MUNICIPAL CORPORATIONS
GEORGIA LAWS 2008 SESSION CITY OF FITZGERALD- CITY OFFICIALS; COMPENSATION.
4507
ORDINANCE NO. 07-1372
AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF FITZGERALD, GEORGIA, WHICH WAS CREATED BY AN ACT AMENDED ON AUGUST 17, 1914 (GEORGIA LAWS 1914, P. 781), AS AMENDED, UNDER THE MUNICIPAL HOME RULE ACT OF 1965, SO AS TO DELETE PROVISIONS THEREIN FOR SPECIFIC AMOUNTS OF COMPENSATION FOR THE MAYOR, ALDERMEN, WATER, LIGHT AND BOND COMMISSIONERS, AND CITY ATTORNEY OF THE CITY OF FITZGERALD, AND TO PROVIDE IN LIEU THEREOF THAT SUCH COMPENSATION BE ESTABLISHED FROM TIME TO TIME BY THE MAYOR AND COUNCIL AS PROVIDED BY GENERAL LAW; TO PROVIDE FOR AN EFFECTIVE DATE; TO PROVIDE FOR OTHER MATTERS RELATIVE TO THE FOREGOING; TO REPEAL CONFLICTING ORDINANCES AND CHARTER PROVISIONS; AND FOR OTHER PURPOSES.
BE IT ORDAINED by the Mayor and Council of the City of Fitzgerald, as follows:
Section 1. Section 9 of the Charter of the City of Fitzgerald, Georgia, which was created by an Act of the Georgia General Assembly amended on August 17, 1914 (Georgia Laws 1914, p. 781), as amended (the "Charter"), is hereby amended by striking subsection U) of Section 9 and inserting in lieu thereof the following:
OJ Each alderman shall receive for his or her services such compensation as shall be
established by ordinance adopted in accordance with genera/law. Section 2. Section 4 of the Charter is amended by deleting therefrom the sentence that
presently provides as follows: "He or she shall be paid a salary of$9,000.00 per year, to be paid monthly, and shall receive no other fees or perquisites in connection with his or her office;" and by inserting in lieu thereof the following sentence:
The mayor shall receive for his or her services such compensation as shall be established by ordinance adopted in accordance with genera/law.
Section 3. Section 55 of the Charter is amended by striking subsection (o) thereof and inserting in lieu thereof the following:
(o) Each member of the water, light and bond commission shall receive for his or her services such compensation as shall be established by ordinance adopted in accordance with genera/law.
Section 4. Section 47 of the Charter is amended by striking therefrom the following phrase: "The city attorney shall receive a salary of two hundred dollars ($200.00) per month, and such fees as may be agreed upon by the council for special services and for representing the city in litigation in which it is involved;" and inserting in lieu thereof the following phrase:
4508
MUNICIPAL HOME RULE ORDINANCES
The Mayor and Council ofthe City ofFitzgerald shall provide for the payment ofthe city attorney for services rendered to the city;
Section 5. Effective date. This ordinance shall become effective on January 14, 2008. Section 6. Severability. In the event any provision or portion of this ordinance shall be unconstitutional or invalid, the remaining portion shall remain in full force and effect. Section 7. Repeal of inconsistent ordinances and charter provisions. Any portion of any ordinance or of the Charter of the City of Fitzgerald in conflict with this ordinance is hereby repealed.
DATE OF READING OF CAPTION:
February 26, 2007
DATE OF FIRST READING AND INITIAL APPROVAL: March 12, 2007
DATE OF SECOND READING AND FINAL APPROVAL: April 9, 2007
PASSED BY THE FOLLOWING VOTES:
FIRST READING:
"YES"
9
"NO"
0
"ABSTAIN"
0
SECOND READING:
"YES"
9
"NO"
0
"ABSTAIN"
0
APPROVED: s/ GERALD H. THOMPSON MAYOR
ATTEST: s/ LINDA T. RINEAIR CLERK
The undersigned does hereby certify that she is the duly appointed and acting Clerk of the Mayor and Council of the City of Fitzgerald and that the within and foregoing is a true and correct copy of that certain Amendment to the Charter of the City of Fitzgerald which was given final approval on April9, 2007.
GEORGIA LAWS 2008 SESSION
4509
In witness whereof the undersigned has hereunto set her hand and affixed the seal of the City of Fitzgerald on this the 9th day of April, 2007.
[SEAL]
s/ LINDA T. RINEAIR Linda T. Rineair, Clerk
STATE OF GEORGIA COUNTY OF BEN HILL
Personally appeared before the undersigned attesting officer, Linda T. Rineair, who, on oath deposes and says that she is the City Clerk for the City of Fitzgerald, Georgia, and that she has filed with the Secretary of State and with the Clerk of the Superior Court of Ben Hill County, Georgia, the following:
1. A true copy ofthe ordinance amending the Charter of the City of Fitzgerald as set forth above.
2. A true copy of the foregoing notice of publication. 3. The foregoing publisher's affidavit.
s/ LINDA T. RINEAIR Linda T. Rineair, City Clerk
Sworn to and subscribed before me this 1Oth day of April, 2007.
s/ KATHY A. YOUNG Notary Public, Ben Hill County, Georgia My Commission Expires Sept. 17, 2009
[NOTARY SEAL]
GEORGIA BEN HILL COUNTY
The undersigned affiant after being first duly sworn, states on oath as follows: 1. My name is Tim Anderson and I am Editor and Publisher of the Herald-Leader, the newspaper in which sheriffs advertisements for Ben Hill County, Georgia, are published. This affidavit is given upon my personal knowledge and I am competent to testify to the matters stated herein.
2. Attached hereto is a true and correct copy of a notice which was published in the Herald-Leader once a week for three consecutive weeks, beginning March 21, 2007, in
4510
MUNICIPAL HOME RULE ORDINANCES
respect to Ordinance No. 07-1372, which ordinance was given final approval on April9, 2007.
s/ TIM ANDERSON Tim Anderson
Sworn to and subscribed before me This 1Oth day of April, 2007.
s/ KATHY A. YOUNG Notary Public My Commission Expires: Sept 17, 2009 Date of Notarization: 04/10/07
[NOTARY SEAL]
NOTICE OF PROPOSED AMENDMENT TO CHARTER OF THE CITY OF FITZGERALD
Notice is hereby given that the Mayor and Council of the City of Fitzgerald shall consider and act upon a proposed amendment to the Charter of the City of Fitzgerald, Georgia Laws 1914, page 781, as amended, at two regular consecutive meetings. A synopsis of said proposed amendment is as follows: It is proposed that said Charter be amended to delete provisions therein for specific amounts of compensation for the Mayor, Aldermen, Water, Light and Bond Commissioners, and City Attorney of the City of Fitzgerald, and to provide in lieu thereof that such compensation be established from time to time by the Mayor and Council as provided by general law. The proposed effective date is January 14, 2008, the proposal contains provisions for severability, and all ordinances and charter provisions in conflict with the proposed changes will be repealed.
A copy of the proposed amendment is on file in the office of the Clerk of the City of Fitzgerald, and a copy of the proposed amendment is also on file in the office of the Clerk of the Superior Court of Ben Hill County, Georgia, for the purpose of examination and inspection by the public. The Clerk of the City of Fitzgerald will furnish anyone, upon written request, a copy of the proposed amendment.
Filed in the Office of the Secretary of State June 7, 2007.
GEORGIA LAWS 2008 SESSION
4511
CITY OF GRANTVILLE- ADOPTION OF ORDINANCES.
ORDINANCE TO AMEND SECTION 2.11 OF THE CHARTER OF THE CITY OF GRANTVILLE, GEORGIA
WHEREAS, in accordance the home rule powers ofO.C.G.A. 36-35-3, the Mayor and the City Council of the City of Grantville, Georgia, find that it is in the best interest of the public health, safety and welfare to amend the Charter of the City of Grantville by amending Section 2.11;
NOW, THEREFORE, be it ordained that Section 2.11 of the Charter of the City of Grantville, Georgia is hereby amended as follows:
Section 2.11 City legislation
A. Any action of the Council having a regulatory or penal effect or having the force and effect of law shall be done by ordinance. The affirmative vote of a majority of the Council present and voting shall be required to pass any motion, resolution or ordinance.
8. No ordinance, except in the case of an emergency ordinance, shall be adopted until one ( 1) of the two (2) following procedures is followed:
(i) The full written text of the proposed ordinance is posted for public inspection at two (2) consecutive council meetings, not less than seven (7) days and not more than forty-five (45) days apart. The posting of the ordinance shall be publicly announced at the first meeting at which the text of the ordinance is posted. The text of the ordinance shall be available at City Hall for public inspection after the first meeting. The ordinance may be adopted at the second or subsequent meeting; or the adoption of the ordinance may be continued from meeting to meeting upon public announcement at the second meeting or at subsequent meetings, of the Council's intention to continue the vote on the adoption of the ordinance until the next Council's meeting, be it the next meeting called or regular. The ordinance may be amended or modified by the Council at the public meeting at which the ordinance is adopted; or
(ii) At least five (5) days, but not more than forty-five (45) days prior to the meeting of the Council at which the ordinance shall be considered for adoption, the City Clerk shall caused to be published in the official legal organ of Coweta County or in a newspaper of general circulation in the City of Grantville a notice of the proposed adoption of the ordinance, stating the purpose of the ordinance, the date, time and place of this proposed adoption, and the fact that the full written text of the proposed ordinance shall be available at City Hall for public inspection during regular business
4512
MUNICIPAL HOME RULE ORDINANCES
hours of City Hall. The ordinance may be adopted at the meeting as advertised, or the adoption of the ordinance may be continued from meeting to meeting, upon public announcement at any meeting of the Council's intention to continue the vote on the adoption of the ordinance until the Council's next meeting, be it the next meeting called or regular. The ordinance may be amended or modified by the Council at the public meeting at which the ordinance is adopted.
C. When an emergency exists affecting life, health, property, safety or public welfare and expediency is required, an ordinance containing a statement of the facts and reasons for the emergency may be adopted with or without amendment or rejected at the meeting at which it is first introduced if approved by at least three (3) members of the Council. No ordinance relating to the levy of taxes, grant, renewal, or extension of a franchise, regulation of the rate charged by any public utility for its services, or authorizing the borrowing ofmoney accept for loans to be repaid within thirty (30) days shall be adopted as an emergency ordinance.
D. The City Clerk shall number ordinances consecutively in the order of their final adoption and shall copy them into a permanent record book used solely for this purpose and the City Clerk shall do likewise for resolutions using a separate series of numbers and a second record book. The original copies of all ordinances and resolutions shall be filed and preserved by the City Clerk.
E. So enacted, this 23rd day of April, 2007.
s/ CASEY HOUSTON Mayor
Attest: s/ TONYA WHEELUS City Clerk
PUBLISHER'S AFFIDAVIT This is to certify that the attached legal advertisement was published in The Times-Herald, official organ of Coweta County, State of Georgia, on the following dates: March 22, 29, and April 5
Sworn before me on this 5th day of APRIL 2007. Notary Public s/ STACIE LEA KITTLE MY COMMISSION EXPIRES DEC. 6, 2009
s/ SAM JONES Sam Jones, Publisher
GEORGIA LAWS 2008 SESSION
NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF GRANTVILLE, GA
4513
The Mayor and Council of the City of Grantville propose to amend the City Charter to provide for a modification of the manner in which ordinances are adopted.
A copy of the proposed amendment is on file in the Office of the Clerk of the City of Grantville and in the Office of the Clerk of Superior Court of Coweta County for the purposes of examination and inspection by the public.
The proposed amendment will be considered at the regular meeting of the Mayor and Council on April 9, 2007 at 6:30p.m. and April 23, 2007 at 6:30p.m.
Filed in the Office of the Secretary of State June 20, 2007.
CITY OF GRANTVILLE- CITY EMPLOYEES; APPOINTMENT, SUSPENSION, AND REMOVAL.
ORDINANCE TO AMEND SECTION 3.08 OF THE CHARTER OF THE CITY OF GRANTVILLE, GEORGIA
WHEREAS, in accordance the home rule powers ofO.C.G.A. 36-35-3, the Mayor and the City Council of the City of Grantville, Georgia, find that it is in the best interest of the public health, safety and welfare to amend the Charter of the City of Grantville by amending Section 3.08;
NOW, THEREFORE, be it ordained that Section 3.08 of the Charter of the City of Grantville, Georgia is hereby amended as follows:
Section 3.08 Appointment, Suspension or Removal of Employees
A. All officers and employees of the City, except as otherwise provided in this act, shall be appointed by the Mayor and Council, and provided, however, that the City Manager has the power to appoint officers and employees subject to the approval of such appointment by the Mayor and Council. The City Manager has the power to promote, demote, transfer, suspend or remove any officer or employee, provided further that the Chief of Police may promote, demote, transfer, suspend or remove any employee within the Police Department. During a suspension, an officer or employee's salary may be reduced or eliminated, as determined by the City Manager or by the Chief of Police if the employee is employed within the Police Department. After an officer or employee has been
4514
MUNICIPAL HOME RULE ORDINANCES
removed by the City Manager or Chief of Police, or when an officer or employee has been suspended for more than seven (7) days, the officer or employee shall thereafter be served with a written notice containing a statement of the grounds for which he was removed and/or suspended and notification that the officer or employee may appeal the decision by requesting a hearing before the Mayor and City Council by filing written notice thereof with the City Clerk within ten (10) days after the employee's being removed or suspended for more than seven (7) days. The decision of the City Council in cases of such appeals shall be final.
B. So enacted, this 23rd day of April, 2007.
sf CASEY HOUSTON Mayor
Attest: s/ TONYA WHEELUS City Clerk
PUBLISHER'S AFFIDAVIT This is to certify that the attached legal advertisement was published in The Times-Herald, official organ of Coweta County, State of Georgia, on the following dates: March 22, 29 & April 5
s/ SAM JONES Sam Jones, Publisher
Sworn before me on this 5th day of April2007. Notary Publics/ STACIE LEA KITTLE MY COMMISSION EXPIRES DEC. 6, 2009
NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF GRANTVILLE, GA
The Mayor and Council of the City of Grantville propose to amend the City Charter to provide for a modification of the manner in which city employees are appointed, promoted, transferred, suspended, demoted and removed.
A copy of the proposed amendment is on file in the Office of the Clerk of the City of Grantville and in the Office of the Clerk of Superior Court of Coweta County for the purposes of examination and inspection by the public.
GEORGIA LAWS 2008 SESSION
4515
The proposed amendment will be considered at the regular meeting of the Mayor and Council on April 9, 2007 at 6:30p.m. and April 23, 2007 at 6:30p.m.
Filed in the Office of the Secretary of State June 20, 2007.
CITY OF GRANTVILLE- CENTRALIZED PURCHASING.
ORDINANCE NO._ _ __
ORDINANCE TO AMEND SECTION 4.05 OF THE CHARTER OF THE CITY OF GRANTVILLE, GEORGIA
WHEREAS, in accordance with the home rule powers ofO.C.G.A. 36-35-3, the Mayor and the City Council of the City of Grantville, Georgia, find that it is in the best interest of the public health, safety and welfare to amend the Charter of the City of Grantville by amending Section 4.05;
NOW, THEREFORE, be it ordained that Section 4.05 of the Charter of the City of Grantville, Georgia is hereby amended as follows:
Section 4.05 Centralized Purchasing
All contracts and purchases, except those that may be reserved to the Council by ordinance, shall be made by the City purchasing agent, who shall be the City Manager, or anyone else so appointed by the Council. An expenditure or contract for more than Two Thousand ($2,000.00) Dollars shall be made only after publication, advertisement and competition by sealed bids. An award shall be made to the lowest and best bidder; provided, however, that publication, advertisement and bids shall not be required for: (1) professional services or services for which the rates or prices are regulated by public authority; (2) purchases or contracts up to an amount of Thirty-Five Hundred ($3500.00) Dollars if said purchase or contract relates to the maintenance and/or operation of the City's gas, electric, water or sewer utilities, or other such utilities that the City may provide in the future; or (3) purchase of equipment, materials or supplies from any other governmental agency.
So enacted, this 25th day of June, 2007.
s/ CASEY HOUSTON Mayor
4516
MUNICIPAL HOME RULE ORDINANCES
Attest: s/ TONYA WHEELUS City Clerk
PUBLISHER'S AFFIDAVIT This is to certify that the attached legal advertisement was published in The Times-Herald, official organ of Coweta County, State of Georgia, on the following dates: April26 & May 3, 10
s/ SAM JONES Sam Jones, Publisher
Sworn before me on this 1Oth day of May 2007. Notary Publics/ STACIE LEA KITTLE MY COMMISSION EXPIRES DEC. 6, 2009
NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF GRANTVILLE, GA
The Mayor and Council of the City of Grantville propose to amend the City Charter to provide for a modification of Centralized Purchasing.
A copy of the proposed amendment is on file in the Office of the Clerk of the City of Grantville and in the Office of the Clerk of Superior Court of Coweta County for the purposes of examination and inspection by the public.
The proposed amendment will be considered at the regular meeting of the Mayor and Council on May 14, 2007 at 6:30p.m. and May 29, 2007 at 6:30p.m.
Filed in the Office of the Secretary of State July 17, 2007.
CITY OF ATLANTA- MUNICIPAL COURT JUDGES; COMPENSATION.
07-0-0695
AN ORDINANCE BY PUBLIC SAFETY AND LEGAL ADMINISTRATION
AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF ATLANTA, GEORGIA, ADOPTED UNDER THE AUTHORITY OF THE MUNICIPAL HOME RULE
GEORGIA LAWS 2008 SESSION
4517
ACT OF 1965, O.C.G.A. 36-35-1 ET. SEQ., AS AMENDED, SO AS TO AMEND THE CHARTER OF THE CITY OF ATLANTA, GEORGIA 1996 GALAWS P. 4469, ET. SEQ., BY AMENDING ARTICLE 4, COURTS, SECTIONS 4-104 REGARDING THE COMPENSATION OF MUNICIPAL COURT JUDGES; 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 "Council") to amend the Charter of the City of Atlanta, Georgia (hereinafter "City") by ordinance; and
WHEREAS, pursuant to Article 4, Courts, Section 4-1 04(g) of the Charter of the City of Atlanta, Georgia, provides that the annual salary for judges is determined as authorized by city council; and
WHEREAS, it is the intent of Council to provide adequate compensation to retain qualified judges and to compensate judges accordingly.
THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA, HEREBY ORDAINS as follows:
Section 1: That Article 4, Courts, Section 4-1 04(g) of the Charter of the City of Atlanta, Georgia, which reads:
Compensation. The annual salary ofmunicipal court judges shall be as authorized by the city council.
Be hereby amended to read as follows:
Compensation. The municipal court judges shall be paid an annual salary no less than 90% of the total annual compensation of the judges of the Superior Court within the territorial jurisdiction of said court.
Section 2: That a copy of this proposed amendment to the Charter of the City of Atlanta, Georgia 1996 Ga. L. (Act No. I019, p. 4469), et-seq. as amended, shall be filed in the Office of the Municipal Clerk of the City of Atlanta and in the offices ofthe 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,
4518
MUNICIPAL HOME RULE ORDINANCES
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 3: All ordinances in conflict herewith are hereby waived to the extent of the conflict.
ADOPTED by the Council APPROVED by the Mayor
June 04, 2007 June 12, 2007
A true copy, s/ FARIS WEBB, III Deputy Clerk
Exhibit "A"
"Notice of Proposed Amendment to the Charter ofthe City of Atlanta, Georgia"
Notice is hereby given that an ordinance has been introduced to amend Section 4-104 (g) (Compensation. The annual salary of municipal court judges shall be as authorized by the city council.) of the Charter of the City of Atlanta, Georgia (1996 Ga. L. (Act No. 1019), p. 4469, et. seq.) as amended, so as to revise the "compensation of municipal court judges to be paid an annually salary no less than 90% ofthe total annual compensation of the judges of the Superior Court within the territorial jurisdiction of said court"; 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
, 2007.
PUBLISHER'S AFFIDAVIT
STATE OF GEORGIA COUNTY OF DEKALB
Personally appeared before me, the undersigned, aN otary 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, ORDINANCE 07-0-0695
GEORGIA LAWS 2008 SESSION was published in said newspaper on the following date(s):
4519
05117/07' 05/24/07' 05/31/07
s/ CAROLYN JERNIGAN GLENN CAROLYN J. GLENN, PUBLISHER
Sworn to and subscribed before me this 07/16/07.
s/ JACQUELINE BRYANT Notary Public My commission expires September 22, 2010
NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA, GEORGIA
Notice is hereby given that an Ordinance (07-0-0695) has been introduced to amend Section 4-104 (g) (Compensation. The annual salary of municipal court judges shall be as authorized by the city council.) ofthe Charter ofthe City of Atlanta, Georgia (1996 Ga. Laws (Act No. 1019) P. 4469, et. seq.), as amended, so as to revise the "compensation of municipal court judges to be paid an annually salary no less than 90% of the total annual compensation of the judges of the Superior Court within the territorial jurisdiction of said court;" 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 lOth Day Of May, 2007.
Rhonda Dauphin Johnson Municipal Clerk, CMC
PUBLISHER'S AFFIDAVIT
STATE OF GEORGIA COUNTY OF FULTON Re: 833984
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.
4520
MUNICIPAL HOME RULE ORDINANCES
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:
05/17/2007, 05/24/2007, 05/31/2007
s/ JULIA KELLY Julia Kelly (Agent)
(SEAL)
s/ K. MOSLEY Kaweemah Mosley (Notary Public) Subscribed and sworn to before me this 05/17/2007,05/24/2007, 05/31/2007 of May, 2007.
PUBLIC NOTICE
NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA, GEORGIA
Notice is hereby given that an Ordinance (07-0-0695) has been introduced to amend Section 4-104 (g) (Compensation. The annual salary of municipal court judges shall be as authorized by the city council.) ofthe Charter ofthe City of Atlanta, Georgia (1996 Ga. Laws (Act No. 1019), P. 4469, et. seq.), as amended, so as to revise the "compensation of municipal court judges to be paid an annually salary no less than 90% of the total annual compensation of the judges of the Superior Court within the territorial jurisdiction of said court;" 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 lOTH dayofMay, 2007.
Rhonda Dauphin Johnson MUNICIPAL CLERK, CMC #833984:5117-3sh
GEORGIA LAWS 2008 SESSION
4521
PUBLISHER'S AFFIDAVIT
STATE OF GEORGIA COUNTY OF FULTON
ANNETTE TYSON, 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): MAY 17, 24, 31, 2007.
SWORN TO AND SUBSCRIBED BEFORE ME, THIS 7TH DAY OF JUNE 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 (07-0-0695) has been introduced to amend Section 4-104 (g) (Compensation. The annual salary of municipal court judges shall be as authorized by the city council.) of the Charter of the City of Atlanta, Georgia ( 1996 Ga. Laws (Act No. 1019), P. 4469, et. seq.), as amended, so as to revise the "compensation of municipal court judges to be paid an annual salary no less than 90% of the total annual compensation of the judges of the Superior Court within the territorial jurisdiction of said court;" 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 IOth day of May, 2007.
Rhonda Dauphin Johnson MUNICIPAL CLERK, CMC
4522
MUNICIPAL HOME RULE ORDINANCES
Filed in the Office of the Secretary of State July 23, 2007.
CITY OF ATLANTA- PURCHASING.
CITY COUNCIL ATLANTA OF GEORGIA
AN ORDINANCE
07-0-0679
BY: COUNCILMEMBERS FELICIA A. MOORE, CLETA WINSLOW, HOWARD SHOOK, CARLA SMITH, CLAIR MULLER, IVORY LEE YOUNG, JR., AND JIM MADDOX
AS AMENDED
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. 469 ET SEQ., BY AMENDING ARTICLE 3, CHAPTER 1, SECTION 3-104 (14) SO AS TO ADJUST THE EFFECTIVE DATE OF ORDINANCE 06-0-0380 WHICH IMPLEMENTS CHANGES TO ARTICLE 3, CHAPTER 1, SECTION 3-104 (14); and ARTICLE 6, Chapter 4, SECTION 6-402 OF THE CITY CHARTER; AND FOR OTHER PURPOSES.
WHEREAS, the City Council adopted and the Mayor approved ordinance 06-0-0380 December 4, 2006 and January 9, 2007 respectively; and
WHEREAS, ordinance 06-0-0380 amends Article 3, Chapter I, Section 3-104 (14) Ofthe City Charter, upwardly adjusting the limitations of the Mayor's procurement authority, the Mayor's small purchase authority, and the threshold requirement for the Council approved competitively procured contracts; and
WHEREAS, discussion of proposed amendments to the Charter and Procurement Code indicated that implementation should be contingent upon the successful completion and implementation of the City's Enterprise Resource Planning (ERP) initiative, with
GEORGIA LAWS 2008 SESSION
4523
implementation of amendments to the City Charter and Code to take place three (3) months later; and
WHEREAS, the planned implementation of the City's ERP initiative was scheduled for July 1, 2007; and
WHEREAS, ordinances 06-0-0380 and 06-0-0381 establish September 30, 2007 as the effective date for implementation of amendments to the City Charter and Code; and
WHEREAS, after an audit of the City's ERP initiative activities it is determined that ERP will not meet the July I, 2007 implementation; and
WHEREAS, before implementation of the City ERP can be completed, an independent assessment and recomendational report of the status of the initiative must be conducted; and
WHEREAS, a new implementation date for the City's ERP initiative has not been determined; and
WHEREAS, implementation of the proposed amendments to the City Charter and Code should occur after implementation of the City ERP.
THE COUNCIL OF THE CITY OF ATLANTA, GEORGIA, HEREBY ORDAINS as follows:
SECTION ONE: That the effective date of implementation of ordinance 06-0-0380 is changed from September 30, 2007 to September 30, 2008.
SECTION TWO: That a copy of this proposed amendment to the Charter of the City of Atlanta, Georgia 1996 Ga. L. (Act No. I019, 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 ofthe 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 THREE: That all ordinances and parts of ordinances in conflict herewith are hereby repealed.
4524
MUNICIPAL HOME RULE ORDINANCES
ADOPTED as amended by the Council
MAY 21, 2007
RETURNED WITHOUT SIGNATURE OF THE MAYOR
APPROVED as per City Charter Section 2-403
MAY 30,2007
A true copy, s/ FARIS WEBB, III Deputy Clerk
PUBLISHER'S AFFIDAVIT
STATE OF GEORGIA COUNTY OF FULTON
ANNETTE TYSON, 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): MAY 3, 10, 17, 2007.
SWORN TO AND SUBSCRIBED BEFORE ME, THIS 7TH DAY OF JUNE 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 (07-0-0679) 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 change the effective date of implementation of Ordinance 06-0-0380 from September 30, 2007 to September 30, 2008; and for other purposes.
GEORGIA LAWS 2008 SESSION
4525
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 26th day of April, 2007.
Rhonda Dauphin Johnson MUNICIPAL CLERK, CMC
PUBLISHER'S AFFIDAVIT
STATE OF GEORGIA COUNTY OF FULTON Re: 824788
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 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:
05/03/2007, 05/10/2007, 05/17/2007
s/ JULIA KELLY Julia Kelly
s/K. MOSLEY Kaweemah Mosley- Notary Public Subscribed and sworn to before me this July 20, 2007
(SEAL)
PUBLIC NOTICE NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA, GEORGIA
Notice is hereby given that an Ordinance (07-0-0679) 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 change the effective date of Implementation of
4526
MUNICIPAL HOME RULE ORDINANCES
Ordinance 06-0-0380 from September 30, 2007 to September 30, 2008; 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 26th day of April, 2007.
Rhonda Dauphin Johnson MUNICIPAL CLERK, CMC #824788:5/3-3sh
Filed in the Office of the Secretary of State July 23, 2007.
CITY OF ATLANTA- AUDITS; ACCESS TO INFORMATION.
CITY COUNCIL ATLANTA, GEORGIA
07-0-0680
AN ORDINANCE BY HOWARD SHOOK, FELICIA MOORE, CARLA SMITH, CLETA WINSLOW, CLAIR MULLER, JIM MADDOX, IVORY LEE YOUNG 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 2, CHAPTER 6, SECTION 2-605 SO AS TO ALLOW THE CITY INTERNAL AUDITOR TO EFFECTIVELY AND INDEPENDENTLY CONDUCT PERFORMANCE AND FINANCIAL AUDITS OF ALL DEPARTMENTS, OFFICES, BOARDS, ACTIVITIES AND AGENCIES OF THE CITY; AND FOR OTHER PURPOSES.
GEORGIA LAWS 2008 SESSION
4527
WHEREAS, the Charter Of The City Of Atlanta, Georgia, 1996 Ga. Laws P. 4469, et seq. (hereinafter "the Charter") establishes the powers of the City Internal Auditor and City Internal Auditors office;
WHEREAS it is the wish of the City to grant the City Internal Auditor the necessary powers to effectively and independently conduct performance and financial audits ofall departments, offices, boards, activities and agencies of the city;
WHEREAS it is the wish of the City to provide for immediate access to any and all personnel and processes, including meetings, required to conduct an ongoing audit; and
WHEREAS it is the wish of the City Council to provide for an enforcement mechanism should there be a failure by a city officer or employee to allow access to information per Section 2-605 of the Code entitled "Access to records and property".
THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA, HEREBY ORDAINS, as follows:
Section 1: That Article 2, Chapter 6, Section 2-605 of the Charter of the City of Atlanta be amended to read as follows:
Section 2-605 Access to records and property.
(a) All city officers and employees shall allow the city internal auditor immediate access to any and all books, records, documents, personnel, processes (including meetings) and other requested information, including automated data, pertaining to the business of the city and within their custody regarding powers, duties, activities, organization, property, financial transactions, contracts, and methods of business required to conduct an audit or other official duties. In addition, such officers and employees shall provide access for the auditor to inspect all property, equipment, and facilities within their custody. Further, all contracts with outside contractors and subcontractors shall provide for the city auditor's access to all financial and performance-related records, property, and equipment purchased in whole or in part with city funds and facilities. The City Internal Auditor shall not participate in any activity, decision or meeting that would impair independence of such auditor or violate applicable government auditing standards.
(b) The City Internal Auditor shall not publicly disclose any information received during an audit that is considered confidential by nature by any local, state, or federal law or regulation.
(c) Any reports issued by the City Internal Auditor shall be made available for public inspection or copying at a reasonable cost.
4528
MUNICIPAL HOME RULE ORDINANCES
(d) In the event any city officer or employee shall fail to allow access to any requested information as required in this section, the City Council shall have the power to compel the production of said information by subpoena. If any person duly subpoenaed shall fail to allow access to said information, the City Council shall report such failure to any court of record or judge thereof, who may make such order as shall be proper as to the future production of any such information and who may, after due notice and opportunity to be heard, punish him or her for failure to comply therewith.
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 ofthe 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 repealed.
ADOPTED by the City Council VETOED by the Mayor OVERRIDEN by the City Council
May 21,2007 May 29,2007 June 04, 2007
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 2-605 (Entitled "Access to records and property") of the Charter of the City of Atlanta, Georgia (1996 Ga. L. (Act No. 1019), p. 4469, et. seq.) as amended, so as to allow the city internal auditor access to personnel city processes (including meetings) that do not impair the independence of such auditor or violate applicable government auditing standards; to allow the City Council of Atlanta to compel, via subpoena, city officials and employees to produce records requested by the city internal auditor; and for other purposes.
GEORGIA LAWS 2008 SESSION
4529
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 _ _ _ _, 2007.
Rhonda Dauphin Johnson Municipal Clerk City of Atlanta
SHIRLEY FRANKLIN
MAYOR
CITY OF ATLANTA
55 TRINITY AVENUE, S.W. ATLANTA, GEORGIA 30303-0300
TEL (404) 330-6100
May 30,2007
Council President Lisa Borders Members of the Atlanta City Council City Hall 2nd Floor Suite 2900 55 Trinity Avenue, SW Atlanta, Georgia 30335
Dear President Borders and Members of Council:
I hereby return with my veto. Ordinance# 07-0-0680
On May 21, 2007, the Atlanta City Council adopted Ordinance # 07-0-0680 which purports to amend the City Charter so as to allow the City Internal Auditor immediate access to any and all personnel and processes (including meetings) and other request information necessary to conduct an ongoing audit.
Ordinance #07-0-0680 seeks to significantly modify the way the City Internal Auditor conducts an audit. The legislation seeks to give complete discretion to the auditor to attend meetings whenever she or he believes that attendance will benefit that audit. The practical challenge that this creates is that an auditor will not in advance of a meeting know in full what may be discussed at that meeting. Issues other than those related to the ongoing audit may be discussed. Despite the fact that the legislation indicates that they will not attend meetings that will compromise independence, if attendance is inadvertent, the end result is the same as attending willfully. The auditor's presence in that meeting will be potentially compromising to his or her independence on those additional issues.
4530
MUNICIPAL HOME RULE ORDINANCES
As a result, this ordinance as written will compromise the impartially of the auditor and negate the auditor's ability to have an independent and objective perspective. The audit program should be strong and able to stand legal scrutiny and this unfettered discretion to attend meetings ad hoc will certainly taint this process. Currently, the Internal Auditor along with the departments together define the access and protocols related to conducting a specific audit, and that process works very well. No additional authority is required in my opinion.
Since my first day in office in 2002, I have been steadfast in my stewardship as Chief Executive Officer to implement transparent, open, and honest government. I have continuously abided by this code of conduct in order to set the example. We have supported the role of the Internal Auditor and believe that office plays a critical role in creating this transparency. This legislation does nothing to advance these goals and potentially serves to undermine them.
Based on the rationale above, I urge you to sustain my veto of Ordinance #07-0-0680.
Sincerely,
s/ SHIRLEY FRANKLIN Shirley Franklin
Atlanta City Council
REGULAR SESSION
07-0-0680 AMEND CHARTER ART.2 CHAPT. 6 SEC. 2-605
OVERRIDE VETO
YEAS: 10 NAYS: 0 ABSTENTIONS: 0 NOT VOTING: 3 EXCUSED: ABSENT 2
Y Smith B NV Hall Y
Y Young Y NV Winslow Y
Archibong Fauver Shook Muller
Y Moore Y Mitchell Y Martin Y Norwood B Maddox E Willis Y Sheperd NV Borders
GEORGIA LAWS 2008 SESSION
4531
PUBLISHER'S AFFIDAVIT.
STATE OF GEORGIA COUNTY OF FULTON
ANNETTE TYSON, 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): MAY 3, 10, 17,2007.
SWORN TO AND SUBSCRIBED BEFORE ME,
THIS 7TH DAY OF JUNE 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 (07-0-0680) has been introduced to amend Section 2-605 (Entitled "Access to records and property") of the Charter of the City of Atlanta, Georgia (1996 Ga. L. (Act No. 1019), P. 4469, et. seq), as amended, so as to allow the city internal auditor access to personnel and city processes (including meetings) that do not impair the independence of such auditor or violate applicable government auditing standards; to allow the City Council of Atlanta to compel, via subpoena, city officials and employees to produce records requested by the city internal auditor; 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 office 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 26th day of April, 2007. Rhonda Dauphin Johnson MUNICIPAL CLERK, CMC
4532
MUNICIPAL HOME RULE ORDINANCES PUBLISHER'S AFFIDAVIT
STATE OF GEORGIA COUNTY OF DEKALB
Personally appeared before me, the undersigned, a Notary Public within and for said county and state, Carolyn J. Glenn, Publisher of The Champion Newspaper, published at Decatur, County of DeKalb, State of Georgia, and being the official organ for the publication of legal advertisements for said county, who being duly sworn, states on oath that the report of PUBLIC NOTICES, ORDINANCE 07-0-0679 was published in said newspaper on the following date(s):
05/03/07, 05/10/07, 05/17/07
s/ CAROLYN JERNIGAN GLENN CAROLYN J. GLENN, PUBLISHER
Sworn to and subscribed before me this 07/16/07.
s/ JACQUELINE BRYANT Notary Public My commission expires September 22, 2010
[SEAL)
PUBLIC NOTICE NOTICE OF PROPOSED AMENDMENT TO THE CHARTER
OF THE CITY OF ATLANTA, GEORGIA
Notice is hereby given that an Ordinance (07-0-0679) 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 change the effective date of implementation of Ordinance 06-0-0380 from September 30, 2007 to September 30, 2008; 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 26th day of April, 2007.
GEORGIA LAWS 2008 SESSION
Rhonda Dauphin Johnson MUNICIPAL CLERK, CMC
4533
PUBLISHER'S AFFIDAVIT
STATE OF GEORGIA COUNTY OF FULTON
Re: 824788
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 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:
05/03/2007, 05/10/2007, 05117/2007
s/ JULIA KELLY Julia Kelly
s/K. MOSLEY Kaweemah Mosley- Notary Public
Subscribed and sworn to before me this July 20, 2007
[SEAL]
PUBLIC NOTICE NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA, GEORGIA
Notice is hereby given that an Ordinance (07-0-0680) has been introduced to amend Section 2-805 (Entitled "Access to records and property") of the Charter of the City of Atlanta, Georgia (1996 Ga. L. (Act No. 1019), P. 4469, et. seq.), as amended, so as to allow the city internal auditor access to personnel and city processes (including meetings) that do not impair the independence of such auditor or violate applicable government auditing standards: to allow the City Council of Atlanta to compel, via subpoena, city officials and employees to produce records requested by the city internal auditor; and for other purposes.
4534
MUNICIPAL HOME RULE ORDINANCES
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 26th day of April, 2007.
Rhonda Dauphin Johnson MUNICIPAL CLERK, CMC
Filed in the Office of the Secretary of State July 23, 2007.
CITY OF DARIEN -DEVELOPMENT AGREEMENTS.
DARIEN CITY COUNCIL DARIEN, GEORGIA
Reading and Adoption July 19th, 2007
At the regular meeting of the Darien City Council, held in the Mcintosh County Courthouse, Darien, Georgia:
Present:
David Bluestein, Mayor Eunice M. Moore, Councilwoman Joel Williams, Councilman, Kelly Spratt, Councilwoman Lauretta Sams, Councilwoman
On motion of Williams, which carried unanimously, the following Ordinance amendment was adopted:
A HOME RULE AMENDMENT TO THE DARIEN CITY CHARTER OF 2006 PURSUANT TO AUTHORITY CONFERRED BY THE STATE OF GEORGIA IN O.C.G.A. 36-35-3 IN ACCORDANCE WITH ARTICLE 9, SECTION 2, PARAGRAPH II OF THE GEORGIA CONSTITUTION OF 1983, SECTION 1.12 MUNICIPAL POWERS, OF THE DARIEN CITY CHARTER OF 2006 TO PROVIDE FOR AUTHORITY FOR THE CITY OF DARIEN TO ENTER INTO DEVELOPMENT AGREEMENTS AND FOR OTHER PURPOSES.
GEORGIA LAWS 2008 SESSION
4535
BE IT ORDAINED, by the Darien City Council, this 19th day of July, 2007 that the Darien City Charter of 2006 be and it is hereby amended to change Section I .12 (b) of the Darien City Charter of 2006 by adding a new subsection (42). The new subsection will read as follows:
(42) Development Agreements. The Darien City Council shall have authority to enter into development agreements with any owner or developer of property that requires the owner or developer to install infrastructure or other improvements beneficial to existing or future residents, that provides for other actions which furthers the public interest or sets out the regulations that will apply to a development which is phased over time.
This Home Rule Amendment shall become effective upon passage.
DARIEN CITY COUNCIL DARIEN, GEORGIA
s/ DAVID BLUESTEIN DAVID BLUESTEIN, MAYOR
ATTEST:
s/ COLLEEN JOLLEY COLLEEN JOLLEY, CITY OF CLERK CITY OF DARIEN, GEORGIA
STATE OF GEORGIA MciNTOSH COUNTY
AFFIDAVIT OF PUBLICATION THE DARIEN NEWS
Personally appeared before me Kathleen W. Russell to me known, who being by me sworn, deposed and said:
That she is the executive editor of THE DARIEN NEWS which is the official legal advertising organ of Mcintosh County, Georgia; and
That she is authorized to make affidavits of publication on behalf of THE DARIEN NEWS;
That said newspaper is of general circulation in Mcintosh County and in the area adjacent thereto and is the newspaper designed and customarily used by the Sheriff of Mcintosh
4536
MUNICIPAL HOME RULE ORDINANCES
County for the publication of advertisements and by the other official bodies of and in said county for the publication of notices required by law;
That she has reviewed the regular edition of THE DARIEN NEWS published on July 7, 12, and 19, 2007 that the following advertisement, to-wit:
NOTICE OF HOME RULE AMENDMENT TO THE DARIEN CITY CHARTER
Notice is hereby given that the Darien City Council is considering an amendment to the Darien. City Charter of 2006. The second reading of the Charter Amendment shall be on July 19, 2007. The Darien City Council may vote on the amendment at that time.
The amendment is for the purpose of authorizing the City Council to enter into development agreements to require property owners or developers to make infrastructure and other improvements beneficial to residents, requires them to take other actions that furthers public interests or fixes applicable regulations for developments phased over time.
A copy of the proposed amendment is on file and available for public inspection in the Office of the Clerk of the City of Darien and in the Office of the Clerk of the Mcintosh County Superior Court. The Clerk of the City of Darien shall furnish anyone, upon written request, a copy of the proposed amendment.
Colleen Jolley Clerk, City of Darien I04 I st Street, West Darien, Georgia 31305
Filed in the Office of the Secretary of State August 31, 2007.
GEORGIA LAWS 2008 SESSION CITY OF GAINESVILLE- CITY COUNCIL; PER DIEM.
4537
Filed in Clerk's Office June 8, 2007 Published June 12, 2007 Published June 19, 2007 Published June 26, 2007
First Reading July 3, 2007 Passed July I 7, 2007
HR 2007-01 AN ORDINANCE
AN ORDINANCE TO AMEND SECTIONS 2.12.(a)(2) OF THE CHARTER LAWS OF THE CITY OF GAINESVILLE, GEORGIA TO INCREASE PER DIEM COMPENSATION, AS AUTHORIZED BY THE CHARTER OF THE CITY OF GAINESVILLE, GEORGIA AND OFFICIAL CODE OF GEORGIA ANNOTATED SECTION 36-35-4; TO DELETE SECTION 2.12.(a)(2)(a); TO PROVIDE FOR A REPEALING CLAUSE; TO PROVIDE FOR AN EFFECTIVE DATE; AND TO PROVIDE FOR OTHER PURPOSES.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GAINESVILLE, GEORGIA AS FOLLOWS:
SECTION I.
Section 2.12.(a)(2) of the Charter of the City of Gainesville, Georgia is hereby amended to read as follows:
(2) For attending each scheduled, special, called or a meeting officially representing the City Council, each Council Member shall receive as additional compensation one hundred twenty-five ($125.00) dollars per diem, payable monthly, not to exceed ten (10) meetings per month.
SECTION II.
Section 2.12.(a)(2)(a) is deleted.
SECTION III.
The passage of this Ordinance is authorized by the Charter of the City of Gainesville, Georgia and Official Code of Georgia Annotated 36-35-4.
4538
MUNICIPAL HOME RULE ORDINANCES
SECTION IV.
The effective date of this Ordinance is January I, 2008.
SECTION V.
All Ordinances and parts of Ordinances in conflict herewith are hereby repealed.
CERTIFIED COPY OF ORDINANCE
STATE OF GEORGIA COUNTY OF HALL
This is to certify that I am City Clerk for the City of Gainesville. As such, I keep its official records, including its minutes, and in that capacity do certify that this is a true and correct copy of Home Rule Ordinance 2007-0 I
Witness of my official signature and seal this 24th day of August, 2007.
s/ DENISE 0. JORDAN Denise 0. Jordan City Clerk
(SEAL)
CERTIFIED ORDINANCE
STATE OF GEORGIA COUNTY OF HALL
This is to certify that I am City Clerk of the City Council of the City of Gainesville. As such, I keep its official records, including its minutes, and in that capacity do certify that Ordinance Number HR 2007-01 was approved during the July 17, 2007 Council Meeting.
Witness of my official signature and seal this 17th day of July, 2007.
s/ DENISE 0. JORDAN Denise 0. Jordan City Clerk
(SEAL)
GEORGIA LAWS 2008 SESSION AFFIDAVIT OF PUBLICATION
4539
State of Georgia County of Hall
Personally appeared before the undersigned, Christina Wert, who having been duly sworn, on oath, says that she is the Advertising Assistant of THE TIMES, and that the Advertisement was published in THE TIMES under:
PUBLIC NOTICE/Home Rule Ordinance 2007-01/Amend Sections 2.12(a)(2) Ad#: 152259 June 12, 2007
s/ CHRISTINA WERT Christina Wert, Affiant
Sworn to and Subscribed before me This 23rd day of August, 2007
s/ CINDY D. PASS Notary Public
CINDY D. PASS Notary Public, Hall County, Georgia My Commission Expires June 26, 2009
CITY OF GAINESVILLE, GEORGIA PUBLIC NOTICES
HOME RULE ORDINANCE 2007-01
AN ORDINANCE TO AMEND SECTIONS 2.12.(a)(2) OF THE CHARTER LAWS OF THE CITY OF GAINESVILLE, GEORGIA TO INCREASE PER DIEM COMPENSATION, AS AUTHORIZED BY THE CHARTER OF THE CITY OF GAINESVILLE, GEORGIA AND OFFICIAL CODE OF GEORGIA ANNOTATED SECTION 36-35-4; TO DELETE SECTION 2.12.(a)(2)(a); TO PROVIDE FOR A REPEALING CLAUSE; TO PROVIDE FOR AN EFFECTIVE DATE; AND TO PROVIDE FOR OTHER PURPOSES. A copy of the proposed amendment is on file in the City Clerk's Office and in the Office of the Clerk of Superior Court for public inspection. 152259 6/12
4540
MUNICIPAL HOME RULE ORDINANCES AFFIDAVIT OF PUBLICATION
State of Georgia County of Hall
Personally appeared before the undersigned, Lois Klitsch, who having been duly sworn, on oath, says that she is the Advertising Coordinator of THE TIMES, and that the Advertisement was published in THE TIMES under:
PUBLIC NOTICE/Home Rule Ordinance 2007-01/Amend Sections 2.12.(a) (2) Ad#: 152648 June 19, 2007
sf LOIS KLITSCH Lois Klitsch, Affiant
Sworn to and Subscribed before me This 22nd day of August, 2007
sf CINDY D. PASS Notary Public
CINDY D. PASS Notary Public, Hall County, Georgia My Commission Expires June 26, 2009
CITY OF GAINESVILLE, GEORGIA PUBLIC NOTICES HOME RULE ORDINANCE 2007-01
AN ORDINANCE TO AMEND SECTIONS 2.12.(a)(2) OF THE CHARTER LAWS OF THE CITY OF GAINESVILLE, GEORGIA TO INCREASE PER DIEM COMPENSATION, AS AUTHORIZED BY THE CHARTER OF THE CITY OF GAINESVILLE, GEORGIA AND OFFICIAL CODE OF GEORGIA ANNOTATED SECTION 36-35-4; TO DELETE SECTION 2.12.(a)(2)(a); TO PROVIDE FOR A REPEALING CLAUSE; TO PROVIDE FORAN EFFECTIVE DATE; AND TO PROVIDE FOR OTHER PURPOSES. A copy of the proposed amendment is on file in the City Clerk's Office and in the Office of the Clerk of Superior Court for public inspection. 152648 6119
GEORGIA LAWS 2008 SESSION AFFIDAVIT OF PUBLICATION
4541
State of Georgia County of Hall
Personally appeared before the undersigned, Lois Klitsch, who having, been duly sworn, on oath, says that she is the Advertising Coordinator of THE TIMES, and that the Advertisement was published in THE TIMES under:
PUBLIC NOTICE/Home Rule Ordinance 2007-01/Amend Sections 2.12.(a) (2) Ad#: 153510 June 26, 2007
sf LOIS KUTSCH Lois Klitsch, Affiant
Sworn to and Subscribed before me This 22nd day of August, 2007
sf CINDY D. PASS Notary Public
CINDY D. PASS Notary Public, Hall County, Georgia My Commission Expires June 26, 2009
CITY OF GAINESVILLE GEORGIA PUBLIC NOTICES
HOME RULE ORDINANCE
2007-01
AN ORDINANCE TO AMEND SECTIONS 2.12.(a)(2) OF THE CHARTER LAWS OF THE CITY OF GAINESVILLE, GEORGIA TO INCREASE PER DIEM COMPENSATION, AS AUTHORIZED BY THE CHARTER OF THE CITY OF GAINESVILLE, GEORGIA AND OFFICIAL CODE OF GEORGIA ANNOTATED SECTION 36-35-4; TO DELETE SECTION 2.12.(a)(2)(a); TO PROVIDE FOR A REPEALING CLAUSE; TO PROVIDE FOR AN EFFECTIVE DATE; AND TO PROVIDE
4542
MUNICIPAL HOME RULE ORDINANCES
FOR OTHER PURPOSES. A copy ofthe proposed amendment is on file in the City Clerk's Office and in the Office of the Clerk of Superior Court for public inspection. 153510 6/26
Filed in the Office of the Secretary of State September 3, 2007.
CITY OF POWDER SPRINGS- CITY COUNCIL; PROCEDURES FOR ELECTION AND REMOVAL.
ORDINANCE NO. 2007-05
AN ORDINANCE AMENDING ARTICLE II, "GOVERNMENT STRUCTURE" AND ARTICLE V, "ELECTIONS AND REMOVAL", OF THE CHARTER OF THE CITY OF POWDER SPRINGS
WHEREAS, the official code of Georgia was recently amended to make certain changes to the Georgia Election Code (O.C.G.A. 21-2 et. seq.); and
WHEREAS, the City desires to update its charter to comply with said changes; and
WHEREAS, a notice containing a synopsis of the proposed amendment and giving public notice of two readings of the ordinance was published in the Marietta Daily Journal, the official legal organ of Cobb County, Georgia on Aprill3, April20, and April27, 2007; and
WHEREAS, this ordinance has been duly adopted at regular consecutive meetings of the City Council on May 7 and May 21, 2007;
NOW THEREFORE, be it ordained by the Mayor and Council for the City of Powder Springs that Article II, Section 2.11 of the City's Charter titled "City council terms and qualifications for office" and Article V of the City's Charter titled "Elections and Removal" be amended to read as follows:
ARTICLE II. GOVERNMENT STRUCTURE
Section 2.11 City council terms and qualifications for office
Except as otherwise provided in this charter, 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 he or she shall have been a resident of the city for a period of 12 months immediately prior to the date of his or
GEORGIA LAWS 2008 SESSION
4543
her qualifying for the office of mayor or member of the city council; and the mayor or councilmember shall continue to reside therein during his or her period of service and to be registered and qualified to vote in municipal elections of this city.
ARTICLE V. ELECTIONS AND REMOVAL
Section 5.1 0. Applicability of general law. Except as otherwise provided by this charter, all primaries and elections shall be held and conducted 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.
Section 5.11. Election of the city council and mayor. (a) There shall be a municipal general election bi-annually on the Tuesday after the first Monday of November. (b) For the purpose of electing three (3) councilmembers, the City of Powder Springs shall be divided into three (3) wards, each such ward being represented by one (1) councilmember. The councilmember representing each such ward shall be elected only by the electors residing in that ward, and not at large. Said three (3) wards shall be composed of those areas described in Ordinance 2002-04 and as shown on the attached map, both of which are incorporated herein by reference as Exhibits A and 8, as well as any area(s) annexed to any such ward(s) since passage of Ordinance 2002-04. (c) The mayor and the remaining two (2) councilmembers shall be elected at large. The two (2) at-large council positions shall hereafter be known as "At-Large Council Post I" and "At-Large Council Post 2," respectively. Candidates for election to either of said positions shall, upon qualifying for such election, designate by post number the specific position sought. The mayor and the said two (2) at-large councilmembers shall be elected at the regular municipal election in 2007 and every four (4) years thereafter; shall take office on the first Monday in January following their elections; and shall, except as otherwise provided in this section, serve for a term of four (4) years and until their successors are elected and qualified. The mayor and the said two (2) at-large councilmembers shall have been residents of the City of Powder Springs for a period of 12 months immediately prior to the date of qualifying and shall continue to reside therein during their period of service and shall be registered and qualified to vote in municipal elections of the city. (d) Each councilmember from Ward 1, Ward 2, and Ward 3 shall be elected from and by the electors of only the ward he or she represents and must be a resident of such ward. Members from Wards 1, 2, and 3 shall be elected at the regular municipal election in 2009 and every four (4) years thereafter; and shall, except as otherwise provided in this section, serve for a
4544
MUNICIPAL HOME RULE ORDINANCES
term of four (4) years and until their successors are elected and qualified. The councilmembers from Ward I, Ward 2, and Ward 3 shall have been residents of the city for a period of 12 months immediately prior to the date of qualifying and shall continue to reside therein during their period of service and shall be registered and qualified to vote in municipal elections of the city. (Ord. No. 93-13, I, 2, 6-7-93)
Section 5.12. Nonpartisan elections. Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party designations.
Section 5.13. Election by majority. The candidate receiving a majority of the votes cast for any city office shall be elected. In instances where no candidate receives a majority of the votes cast, a runoff primary or election between the candidates receiving the two highest numbers of votes shall be held. Said runoff primary or election shall be conducted in accordance with O.C.G.A. 21-2-501.
Section 5.14. Special election; vacancies. In the event that the office of mayor or councilmember shall become vacant for any cause whatsoever, the mayor and 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 (6) months of the expiration of the term of that office, the mayor and 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 the Georgia Election Code, Chapter 2 of Title 21 of the Official Code of Georgia Annotated.
Section 5.15. Other provisions. Except as otherwise provided by this charter, the mayor and city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
Section 5.16. Removal of officers. (a) Except as otherwise provided in this charter, the mayor, councilmembers, or other
appointed officers provided for in this charter shall be removed from office for any one or more of the following causes: (I) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a crime involving moral turpitude (3) Failure at any time to possess any of the qualifications of office as provided by this
charter or by law; (4) Knowingly violating any express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof;
GEORGIA LAWS 2008 SESSION
4545
(6) Failure for any other cause to perform the duties of office as required by this charter or by state law; or
(7) Failure to attend four (4) consecutive regular council meetings. (b) The removal of an officer pursuant to this section shall be accomplished by the vote of
three (3) officers from the membership of the city council and office of mayor after an investigative hearing. In the event an elected officer is sought to be removed by the action of the mayor and 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 (I 0) days after the service of such written notice. Any elected officer sought to be removed from office as provided in this section shall have the right to appeal from the decision of the city council to the Superior Court of Cobb County. Such an appeal shall be governed by the same rules as govern appeals to the superior court from the probate court. (c) Recall of public officers is governed by Chapter 4, Title 21 of the Official Code of Georgia Annotated.
All ordinances and parts of ordinances in conflict herewith are hereby repealed and this ordinance shall become effective upon this adoption by the Mayor and Council.
Upon adoption of this ordinance, the City Attorney is directed to submit this Amendment to the Voting Rights Section of the U.S. Department of Justice for pre-clearance as provided bylaw.
SO ORDAINED this 21st day of May, 2007.
s/ PATRICIA C. VAUGHN Patricia C. Vaughn, Mayor
s/ NANCY B. ARNOLD Nancy B. Arnold, Council Member
s/ THOMAS BEVIRT Thomas D. Bevirt, Council Member
s/ JAMES R. FARMER James R. Farmer, Council Member
s/ ALBERT L. THURMAN Albert L. Thurman, Council Member
4546
MUNICIPAL HOME RULE ORDINANCES
s/ R. A. BARR R. A. Barr, Council Member
ATTEST:
s/ DAWN R. DAVIS Dawn Davis, City Clerk (SEAL)
l, Dawn R. Davis, City Clerk and Custodian of the records of the City of Powder Springs, GA, do hereby certify that the within and foregoing is a true, complete and correct copy of the original document as it appears by the original on file in the Office of the Clerk of the City of Powder Springs, consisting of 4 pages.
Witness my hand and seal of the City this 4th day of October in the year 2007.
s/ DAWN R. DAVIS Dawn R. Davis City Clerk and Custodian of the official records of the City of Powder Springs.
PUBLISHER'S AFFIDAVIT
STATE OF GEORGIA,- County of Cobb.
Before me, the undersigned, a Notary Public, this day personally came
R. TERRY SMITH
who, being duly sworn, according to law, says that he is the President of the Marietta Daily
Journal, publishers ofthe Marietta Daily Journal, official newspaper published at Marietta,
in said county and State, and that the publication, of which the annexed is a true copy, was
published in said paper on the 13 day(s) of April2007, and on the
days of
______, 20___ , as provided by law.
s/ R. TERRY SMITH
Subscribed and sworn to before me this 4 day of October, 2007
s/ BARBARA DANIELS (SEAL) NOTARY PUBLIC, COBB COUNTY, GEORGIA MY COMMISSION EXPIRES NOVEMBER 15, 2009
GEORGIA LAWS 2008 SESSION
4547
NOTICE The City ofPowder Springs will consider amendments to its Code ofOrdinances and Charter at its regularly scheduled City Council meetings on April 16, 2007 and May 7, 2007. The purposes of the amendments are to update the City's election requirements, in order to comply with the Georgia Election Code (O.C.G.A. 21-2-1 et. seq.). A copy of the proposed amendment is on file in the office of the City Clerk and in the office of the Clerk of the Superior Court of Cobb County for the purpose of examination and inspection by the public.
PUBLISHER'S AFFIDAVIT
STATE OF GEORGIA,- County of Cobb.
Before me, the undersigned, a Notary Public, this day personally came
R. TERRY SMITH
who, being duly sworn, according to law, says that he is the President of the Marietta Daily
Journal, publishers of the Marietta Daily Journal, official newspaper published at Marietta,
in said county and State, and that the publication, of which the annexed is a true copy, was
published in said paper on the 20 day(s) of April2007, and on the _ _ _ _ days of _ _,
20
, as provided by law.
s/ R. TERRY SMITH
Subscribed and sworn to before me this 4 day of October, 2007
s/ BARBARA DANIELS (SEAL) NOTARY PUBLIC, COBB COUNTY, GEORGIA MY COMMISSION EXPIRES NOVEMBER 15,2009
NOTICE The City of Powder Springs will consider amendments to its Code ofOrdinances and Charter at its regularly scheduled City Council meetings on Aprill6, 2007 and May 7, 2007. The purposes of the amendments are to update the City's election requirements, in order to comply with the Georgia Election Code (O.C.G.A. 21-2-1 et. seq.). A copy of the proposed amendment is on file in the office of the City Clerk and in the office of the Clerk of the Superior Court of Cobb County for the purpose of examination and inspection by the public.
4548
MUNICIPAL HOME RULE ORDINANCES PUBLISHER'S AFFIDAVIT
STATE OF GEORGIA,- County of Cobb.
Before me, the undersigned, a Notary Public, this day personally came
R. TERRY SMITH
who, being duly sworn, according to law, says that he is the President of the Marietta Daily
Journal, publishers of the Marietta Daily Journal, official newspaper published at Marietta,
in said county and State, and that the publication, of which the annexed is a true copy, was
published in said paper on the 27 day(s) of April2007, and on the
days of _ _,
20
, as provided by law.
sf R. TERRY SMITH
Subscribed and sworn to before me this 4 day of October, 2007
sf BARBARA DANIELS (SEAL) NOTARY PUBLIC, COBB COUNTY, GEORGIA MY COMMISSION EXPIRES NOVEMBER 15,2009
NOTICE The City ofPowder Springs will consider amendments to its Code of Ordinances and Charter at its regularly scheduled City Council meetings on April 16, 2007 and May 7, 2007. The purposes of the amendments are to update the City's election requirements, in order to comply with the Georgia Election Code (O.C.G.A. 21-2-1 et. seq.). A copy of the proposed amendment is on file in the office of the City Clerk and in the office of the Clerk of the Superior Court of Cobb County for the purpose of examination and inspection by the public.
Filed in the Office of the Secretary of State October 25, 2007.
CITY OF SMITHVILLE- MUNICIPAL COURT; INDIGENT DEFENSE; PROSECUTOR.
ORDINANCE NO_ 04-_
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 SMITHVILLE SO AS TO AUTHORIZE THE PROVISION OF A SYSTEM OF INDIGENT DEFENSE IN THE MUNICIPAL COURT AND A
GEORGIA LAWS 2008 SESSION
4549
PROSECUTOR, AND TO PROVIDE FOR THE FUNDING THEREOF; TO REPEAL PRIOR ORDINANCES AND CHARTER PROVISIONS IN CONFLICT; 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 cases in all courts including municipal courts be provided with defense counsel at the expense of the government;
WHEREAS, it is necessary to amend the charter of the City of Smithville in order to authorize the implementation of such a system in the municipal court of said city;
WHEREAS, the Municipal Home Rule Act of 1945, O.C.G .A Sec.36-35-l, authorizes such amendments to charters and provides procedures therefor;
NOW, THEREFORE, BE IT ORDAINED by the mayor and council of the City of Smithville, and it is hereby ordained by authority of same:
SECTION 1. Article IV of the charter of the City of Smithville is hereby amended by adding a new section to be located and numbered appropriately in said Article ofthe 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 Smithville.
The mayor and council shall have the power to provide for a system of defense for indigent persons charged in the municipal court ofthe City of Smithville with violations ofordinances 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 added to all fines, bonds, and bond forfeitures imposed by the municipal court judge and collected in addition to fines, penalties, and all other costs.
SECTION 2. All ordinances and charter provisions in conflict herewith are repealed.
SO ORDAINED, this 19th day of August, 2004.
(SEAL)
CITY OF SMITHVILLE By: s/ JERRY MYRICK
Mayor, Jerry Myrick
Attest: s/ CASSANDRA DURHAM Clerk, Cassandra Durham
4550
MUNICIPAL HOME RULE ORDINANCES
1st reading: July 15,2004 2nd reading: August 19, 2004
AFFIDAVIT OF PUBLICATION
STATE OF GEORGIA COUNTY OF LEE
Personally appeared before me, the undersigned, a notary public authorized to administer oaths in Lee County, Derry! Quinn, Publisher of The Lee County Ledger, the official organ for the County of Lee for the publication of official and legal advertisements for said county, State of Georgia, who being sworn, states on oath that the report of Notice, a true copy of which is attached to this affidavit, was published in The Lee County Ledger in its issue of July 29, August 5 & 12, 2004.
s/ DERRYL QUINN Derry! Quinn, Publisher
Sworn and subscribed before me this 12th day of August, 2004
sf KATRINA BARANKO Katrina Baranko Notary Public My Commission Expires May 17, 2008
PUBLIC NOTICE
The City of Smithville 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 for a system of indigent defense in the municipal court and to provide for the funding thereof. A copy ofthe proposed amendment is on file in the office of the City Clerk and the office of the Clerk of the Superior Court of Lee County for the purpose of examination and inspection by the public. July 29, Aug. 5, 12
Filed in the Office of the Secretary of the State October 31, 2007.
.~
GEORGIA LAWS 2008 SESSION
4551
CITY OF FORT GAINES- MUNICIPAL COURT; INDIGENT DEFENSE; PROSECUTOR.
ORDINANCE NO. 05-06
AN ORDINANCE ADOPTED PURSUANT TO THE MUNICIPAL HOME RULE ACT OF 1945, O.C.G.A. SEC. 36-35-1 et seq., AMENDING ARTICLE IV OF THE CHARTER OF THE CITY OF FORT GAINES SO AS TO AUTHORIZE THE PROVISION OF A SYSTEM OF INDIGENT DEFENSE IN THE MUNICIPAL COURT AND A PROSECUTOR; TO PROVIDE FOR THE FUNDING THEREOF; TO REPEAL ALL PRIOR ORDINANCES AND CHARTER PROVISIONS IN CONFLICT; 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 cases 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 Fort Gaines 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-l, authorizes such amendments to charters and provides procedures therefor;
NOW, THEREFORE, BE IT ORDAINED by the mayor and council of the City of Fort Gaines, and it is hereby ordained by authority of same:
SECTION 1. Article IV of the charter of the City of Fort Gaines 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, PROVIDING FOR, AND FUNDING A SYSTEM OF INDIGENT DEFENSE.
The mayor and council shall have the power to provide for a system of defense for indigent persons charged in municipal court 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 added to all fines, bonds and bond forfeitures imposed by the municipal court judge and collected in addition to fines, penalties, and all other costs.
SECTION 2. All ordinances and charter provisions in conflict herewith are repealed.
4552
MUNICIPAL HOME RULE ORDINANCES
SO ORDAINED, this 10 day of May, 2005.
[SEAL]
CITY OF FORT GAINES By: s/ DAVID WETHERBY
Mayor, David Wetherby
Attest: s/ MARION LINDSEY City Clerk, Marion Lindsey
1st reading: 04-15-2005 2nd reading: 05-10-2005
AFFIDAVII OF PUBLICATION
STATE OF GEORGIA COUNTY OF RANDOLPH
I, ALLENE L. NELSON, of said State and County, being first duly sworn, deposes and says:
1. That I am the Editor/Publisher of THE CUTHBERT SOUTHERN TRIBUNE, a newspaper of general circulation, printed and published in Cuthbert, Randolph County, Georgia, and have been such during the time hereinafter mentioned, and that the advertisement headed LEGAL NOTICE, a printed copy of which is attached hereto, was printed and published in said newspaper on the following date(s):
4/21, 28, and 5/5/05
sl ALLENE L. NELSON EDITOR/PUBLISHER
Hereby subscribed and sworn to before me on this 9th day of May, 2005
s/ DEBRA W. SMITH Notary Public
MY COMMISSION EXPIRES 08/21/06 [SEAL]
Description of Advertisement: Public Notice: City of Ft. Gaines Amending Charter
GEORGIA LAWS 2008 SESSION
4553
PUBLIC NOTICE
The City ofFort Gaines is amending the charter of the city by adding a new Section 4.16 to Article IV authorizing the mayor and council to provide for a system of indigent defense in the municipal court and to provide for the funding thereof. 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 Clay County for the purpose of examination and inspection by the public.
4/21, 28, 5/5/05
Filed in the Office of the Secretary of State October 31, 2007.
CITY OF BACONTON-MAYOR AND COUNCIL; COMPENSATION; OATH OF OFFICE; PROCEDURE FOR ORDINANCES.
ORDINANCE NO. 04-04
AN ORDINANCE ADOPTED PURSUANT TO THE MUNICIPAL HOME RULE ACT OF 1945, O.C.G.A. SEC. 36-35-1 et seq., AMENDING THE CHARTER OF THE CITY OF BACONTON TO PROVIDE IN SECTION 2.4 FOR COMPENSATION AND EXPENSES OF THE MAYOR AND CITY COUNCIL MEMBERS; TO PROVIDE IN SECTION 2.11 A NEW OATH OF OFFICE; TO PROVIDE IN SECTION 2.15 FOR THE FORM AND PROCEDURES FOR CITY ORDINANCES, INCLUDING THE DISPENSING OF THE SECOND READING OF AN ORDINANCE PRIOR TO ITS ADOPTION; REPEALING PRIOR ORDINANCES AND CHARTER PROVISIONS IN CONFLICT; AND FOR OTHER PURPOSES.
WHEREAS, the City Council of the City of Baconton did adopt by ordinance the current Charter of the City of Baconton having an effective date of January I, 1996; and
WHEREAS, included in said Charter are specific provisions regarding compensation and expenses for the Mayor and members of the City Council, an oath of office for elected and appointed City officials, and the form and procedures required for the adoption of City ordinances; and
WHEREAS, after careful study and deliberation, the City Council of the City of Baconton has determined it in the best interest of the City and its citizens to amend the Charter as relates to the matters of compensation and expenses for the Mayor and Council, oath of office for elected and appointed officials, and the form and procedures for adopting ordinances; and
4554
MUNICIPAL HOME RULE ORDINANCES
WHEREAS, the Municipal Home Rule Act of 1945, O.C.G.A Sec.36-35-l, authorizes such amendments to charters and provides procedures therefor;
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the City of Baconton, and it is hereby ordained by authority of same, as follows:
Section 1. Article II, Section 2.4, of the City Charter is amended by deleting said section in its entirety and by adopting and inserting in place thereof a new Section 2.4 to read as follows:
"Section 2.4 COMPENSATION AND EXPENSES.
The Mayor and Council members shall receive compensation and expenses for their services as provided by ordinance."
Section 2. Article II, Section 2.11, subparagraph A, of the City Charter is amended by deleting said subparagraph in its entirety and by adopting and inserting in place thereofa new subparagraph A to read as follows:
"Section 2.11 ORGANIZATION MEETING.
A. The City Council shall hold an organizational meeting on the first meeting in January following the regular election, as provided in Article V. The meeting shall be called to order by the City Clerk. All public officers, elected and appointed, and employees required to take an oath shall, before entering upon the discharge of their respective duties, take and subscribe the following oath before some officer authorized by law to administer oaths:
"I,
, do solemnly swear or affirm that I will properly perform the duties of
the office of
in and for the City of Baconton, 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 thereto; 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 district which elected and the City of
Baconton for the time required by the Constitution and laws ofthe State of Georgia and the
Charter of the City of Baconton; so help me God."
GEORGIA LAWS 2008 SESSION
4555
Section 3. Article II, Section 2.15, of the City Charter is amended by deleting said section in its entirety and by adopting and inserting in place thereof a new Section 2.15 to read as follows:
"SECTION 2.15 ORDINANCE FORM; PROCEDURES.
A. Except as herein provided, every official action of the City Council which is to become law shall be by ordinance. Each proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "It is hereby ordained by the governing authority of the City of Baconton," and every ordinance shall so begin.
B. An ordinance may be introduced by any Council member and be read at a regular or special meeting ofthe Council. Ordinances shall be considered and adopted or rejected by the City Council in accordance with the rules which it shall establish. All ordinances shall have two separate readings; provided, however, the Council may dispense with the second reading with unanimous consent of the members present. Emergency ordinances, as provided in Section 2.16, may be adopted on the same day that they are introduced without dispensing with the second reading. 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 4. All Charter provisions, and all ordinances or parts of ordinances in conflict herewith are repealed.
SO ORDAINED, this 23rd day of August, 2004.
CITY OF BACONTON
[SEAL]
Ist reading 8-9-04 2nd reading 8-23-04
By: s/ THOLEN EDWARDS Mayor, Tholen Edwards
Attest: s/ JANICE YEAGER Clerk, Janice Yeager
4556
MUNICIPAL HOME RULE ORDINANCES PUBLISHER'S AFFIDAVIT
STATE OF GEORGIA COUNTY OF MITCHELL
Personally appeared before me, the undersigned Roger Ann Davis, who, having been duly sworn, on oath that she is the publisher of The Camilla Enterprise, the official organ of Mitchell County and Baker County, and that the Legal Advertisement, PUBLIC NOTICE/COMPENSATION FOR MAYOR & COUNCIL; CITY OF BACONTON was published in The Camilla Enterprise on the following dates:
August 04; August II; August 18 2004.
This the Ist day of September, 2004.
s/ ROGER ANN DAVIS ROGER ANN DAVIS, Publisher
Sworn to and subscribed before me this I st day of September, 2004.
s/ SANDRA W. WILLIAMS NOTARY PUBLIC, State of Georgia
My Commission Expires: Notary Public, Mitchell County, Georgia My Commission Expires March 23, 2005.
PUBLIC NOTICE
Pursuant to O.C.G.A. 36-35-4, it is the intention of the City Council of the City of Baconton, Georgia, to take action at the regularly scheduled meetings of the Baconton City Council to be held on August 9 and August 23, 2004, to increase the compensation of the Mayor of the City of Baconton to $725 per year and to increase the compensation of members of the Baconton City Council to $325 per year.
Filed in the Office of the Secretary of State October 31, 2007.
GEORGIA LAWS 2008 SESSION
CITY OF POULAN- MUNICIPAL COURT; INDIGENT DEFENSE; PROSECUTOR.
4557
ORDINANCE NO. 05-01
AN ORDINANCE ADOPTED PURSUANT TO THE MUNICIPAL HOME RULE ACT OF 1945, O.C.G.A. SEC. 36-35-1 et seq., AMENDING ARTICLE IV OF THE CHARTER OF THE CITY OF POULAN SO AS TO AUTHORIZE THE PROVISION OF A SYSTEM OF INDIGENT DEFENSE IN THE MUNICIPAL COURT AND A PROSECUTOR; TO PROVIDE FOR THE FUNDING THEREOF; TO REPEAL ALL PRIOR ORDINANCES AND CHARTER PROVISIONS IN CONFLICT; 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 cases 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 Poulan 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 Poulan, and it is hereby ordained by authority of same:
SECTION 1. Article IV of the charter of the City of Poulan 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, PROVIDING FOR, AND FUNDING A SYSTEM OF INDIGENT DEFENSE.
The mayor and council shall have the power to provide for a system of defense for indigent persons charged in municipal court 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 added to all fines, bonds and bond forfeitures imposed by the municipal court judge and collected in addition to fines, penalties, and all other costs.
SECTION 2. All ordinances and charter provisions in conflict herewith are repealed.
4558
MUNICIPAL HOME RULE ORDINANCES
SO ORDINANCE, this 25th day of January, 2005.
CITY OF POULAN
(SEAL)
By: sf HUBERT SOUTER Mayor, Hubert Souter
Attest: sf SHANNON R. LAMB City Clerk, Bonnie \Valkti Shannon R. Lamb
1st reading December 28, 2004 2nd reading January 2, 2005
Re: City of Poulan PUBLIC NOTICE
AFFIDAVIT REGARDING SERVICE BY PUBLICATION
GEORGIA, WORTH COUNTY
The undersigned, after being sworn, states and deposes under oath as follows: I. That affiant is the Editor of The Sylvester Local News, the official organ of the County of Worth, State of Georgia. 2. Attached hereto as Exhibit "A" is a true and correct copy of the Notice of Petition which was published in The Sylvester Local News in the legal notices section thereof on four separate occasions within the last sixty days. This Notice Ran on !f5f05
This 9 day of October, 2007.
sf LEIGH H. FORD EDITOR, THE SYLVESTER LOCAL NEWS
Sworn to and subscribed before me this 9th day of October, 2007.
sf HANNAH S. CIOBAN Notary Public My Commission Expires July 26, 20 I0
GEORGIA LAWS 2008 SESSION
4559
PUBLIC NOTICE The City of Poulan is amending the charter of the city by adding a new Section 4.16 to Article IV authorizing the mayor and council to provide for a system of indigent defense in the municipal court and provide for the funding thereof. A copy of the proposed amendment is on file in the office of the City Clerk and the office of the Superior Court of Worth County for the purpose of examination and inspection by the public.
3cl4(9)
Filed in the Office of the Secretary of State October 9, 2007.
CITY OF BLAKELY- MUNICIPAL COURT; INDIGENT DEFENSE; PROSECUTOR.
ORDINANCE NO. 04-06
AN ORDINANCE ADOPTED PURSUANT TO THE MUNICIPAL HOME RULE ACT OF 1945, O.C.G.A. SEC. 36-35-1 et seq., AMENDING ARTICLE V OF THE CHARTER OF THE CITY OF BLAKELY 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 HEREWITH; 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 cases 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 Blakely 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-l, authorizes such amendments to charters and provides procedures therefor;
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the City of Blakely, and it is hereby ordained by authority of same:
Section 1. Article V of the Charter of the City of Blakely is hereby amended by adding a new section to be located and numbered appropriately in said Article of the charter, to read as follows:
4560
MUNICIPAL HOME RULE ORDINANCES
Section 5.16. Authorizing and funding a system ofindigent defense and a prosecutor in the Municipal Court of the City of Blakely.
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 Blakely 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.
Section 2. All ordinances and charter provisions in conflict herewith are repealed.
SO ORDAINED, this 2nd day of November, 2004.
CITY OF BLAKELY
[SEAL]
By: s/ RIC HALL Mayor, Ric Hall
Attest: s/ WYNN BUSH City Clerk, Wynn Bush
1st reading: 10-5-2004 2nd reading: 11-2-2004
AFFIDAVIT OF PUBLICATION
State of Georgia County of Early City of Blakely
I, William W. Fleming, as Publisher of the Early County News, Inc. in the aforesaid city, county and state, and duly being worn, depose and certify that the following stated legal advertisement:
Constitutional Amendments
appeared in all editions of said paper on the following dates:
GEORGIA LAWS 2008 SESSION Oct. 13, 20 & 27, 2004
4561
Signature:
sf WILLIAM W. FLEMING
Subscribed and sworn to before me this 5th day of October, 2007.
Notary Public: s/ DEBRA W. SMITH State of Georgia My commission expires: MY COMMISSION EXPIRES AUG. 20,2010
[SEAL]
PUBLIC NOTICE CITY OF BLAKELY
The City of Blakely is amending the charter of the city by adding a new section to Article V authorizing the mayor and council to provide for a prosecutor and for a system of indigent defense in the municipal court and to provide for the funding thereof. A copy of the proposed amendment is on file in the office of the City Clerk and in the office of the Clerk of the Superior Court for Early County for the purpose ofexamination and inspection by the public.
Filed in the Office of the Secretary of State October 31, 2007.
CITY OF ASHBURN- MUNICIPAL COURT; INDIGENT DEFENSE; PROSECUTOR.
ORDINANCE NO. 04-07
AN ORDINANCE ADOPTED PURSUANT TO THE MUNICIPAL HOME RULE ACT OF 1945, O.C.G.A. SEC. 36-35-1 et seq., AMENDING ARTICLE IV OF THE CHARTER OF THE CITY OF ASHBURN 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; AND FOR OTHER PURPOSES.
4562
MUNICIPAL HOME RULE ORDINANCES
WHEREAS the Constitution of the United States of America as construed by the United States Supreme Court requires that indigent defendants in certain criminal cases in all courts including municipal courts be provided with defense counsel at the expense of the government;
WHEREAS it is necessary to amend the charter of the City of Ashburn in order to authorize the implementation of such a system in the municipal court of said city;
WHEREAS The Municipal Home Rule Act of 1945, O.C.G.A Sec.36-35-l, authorizes such amendments to charters, and provides procedures therefor;
NOW, THEREFORE, BE IT ORDAINED by the mayor and council of the City of Ashburn, and it is hereby ordained by authority of same:
SECTION 1. Article IV of the charter of the City of Ashburn is hereby amended by adding a new section to be located and numbered appropriately in said Article ofthe charter, to read as follows:
Section ___. Authorizing and funding a system of indigent defense and a prosecutor in the municipal court of The City of Ashburn.
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 Ashburn 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.
SECTION 2. All ordinances and charter provisions in conflict herewith are repealed.
SO ORDAINED THIS 1st day of July, 2004.
CITY OF ASHBURN
(SEAL)
By: s/ ROBERT HUNNICUTT Mayor, Robert Hunnicutt
Attest: s/ SANDRA LUMPKIN Clerk, Sandra Lumpkin
GEORGIA LAWS 2008 SESSION
4563
First Reading:
June 3, 1004
Second Reading: July 1, 2004
Affidavit of publication
STATE OF GEORGIA COUNT OF TURNER
Personally appeared before me, the undersigned, who after being duly sworn under oath that he is the Legal Notice Clerk of The Wiregrass Farmer, a newspaper of general circulation in the State of Georgia, published in the City of Ashburn, GEORGIA, and who further states under oath that the attached notice regarding change in the City of Ashburn Charter (Article IV) was published in The Wiregrass Farmer on the following dates, to-wit: 6-9-04, 6-16-04, & 6-23-04.
s/BEN BAKER Ben Baker
.Sworn to and subscribed before me This 22 day of July, 2004
sf LINDA B. SELLARS, n.p. (SEAL)
PUBLIC NOTICE
The City of Ashburn is amending the charter ofthe city by adding a new section to Article IV authorizing the mayor and council to provide for a prosecutor and for a system of indigent defense in the municipal court and to provide for the funding thereof. 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 for Turner County for examination and inspection by the public.
Filed in the Office of the Secretary of State October 31, 2007.
CITY OF MACON -MACON PENSION AND RETIREMENT SYSTEMS; ELIGIBILITY.
SPONSOR: COUNCILPERSON WILLETTE HILL-CHAMBLISS AND CHARLES JONES
4564
MUNICIPAL HOME RULE ORDINANCES FLOOR AMENDMENT
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MACON, GEORGIA TO AMEND ARTICLE IV OF APPENDIX II OF THE CHARTER OF THE CITY OF MACON, RELATING TO THE MACON PENSION AND RETIREMENT SYSTEMS, DIVISION A, (1972 GA. LAWS, PAGE 3152) PURSUANT TO THE AUTHORITY GRANTED THE CITY OF MACON UNDER THE GEORGIA PUBLIC RETIREMENT SYSTEMS STANDARDS ACT, O.C.G.A. SEC. 47-20-1 ET SEQ., AND THE MUNICIPAL HOME RULE ACT OF 1965 (1965 GA. LAWS, P. 298, ET SEQ., AS AMENDED, O.C.G.A. SEC. 36-35-1, ET. SEQ.) SO AS TO AMEND SECTIONS 4.1 & 4.2 BY ADDING THE REQUIREMENT THAT A PERSON BE EMPLOYED FIVE (5) YEARS BEFORE BECOMING ELIGIBLE TO DRAW RETIREMENT; AND FOR OTHER PURPOSES.
WHEREAS, currently there is no length of service requirement for an employee to become eligible to receive retirement; and
WHEREAS, it would be mutually beneficial to the City and the System for there to be a service requirement.
NOW THEREFORE, BE IT ORDAINED by the Mayor and Council of the City of Macon, Georgia, and it is hereby so ordained by the authority of the same:
Section 1.
Article IV of Appendix II ofthe Charter of the City of Macon, relating to the Macon Pension and Retirement Systems, Division A (1972 GA Laws, Page 3152) is amended pursuantto the authority granted the City ofMacon under the Georgia Public Retirement Systems Standards Act, O.C.G.A. Sec. 47-20-1 et seq., and the Municipal Home Rule Act of 1965 (1965 Ga. Laws, p. 298, et seq., as amended, O.C.G.A. Sec. 36-35-1, et seq.) by inserting the phrase" provided said employee has completed five or more years of service" at the end of the first sentence in Section 4.1 Normal Retirement and at the end of the first sentence in Section 4.2 Early Retirement so that the Sections 4.1 and 4.2 shall read as follows:
"Sec. 4.1. Normal retirement.
An employee shall be eligible for a normal pension if his employment is terminated on or after his 60th birthday provided said employee has completed five or more consecutive years of service. Payment of a normal pension shall commence as of the first day of the month coinciding with or next following the date of retirement, and if the employee has received
GEORGIA LAWS 2008 SESSION
4565
60 monthly payments, the last payment thereof shall be made as of the first day of the month in which the death of the retired employee occurs. Every employee may retire on his normal retirement date; however, at the employee's option, an employee may continue working after his normal retirement date for an extended period or periods. All employees working beyond the normal retirement date shall provide the employer a minimum of sixty (60) days' notice of intent to retire from employment. This ordinance shall apply to employees hired on or after the effective date of this ordinance."
"Sec. 4.2. Early retirement. An employee shall be eligible for an early pension if his employment is terminated on or after his 55th birthday provided said employee has completed five or more years of service. Payment of an early pension shall commence as ofthe first day of the month coinciding with or next following the date of retirement, or such later date as the employee may elect but in no event later than the first day of the month following his normal retirement date, and if the employee has received 60 monthly payments, the last payment shall be made as of the first day of the month in which the death of the retired employee occurs. This ordinance shall apply to employees hired on or after the effective date of this ordinance."
Section 2. The sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared illegal by the valid judgment or decree of any court of competent jurisdiction, such illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance.
Section 3. In accordance with Sec. 1-4(c) of the Code of Ordinances of the City of Macon, Georgia, it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Macon, Georgia, and the sections of this Ordinance may be renumbered to accomplish such intention.
Section 4. All ordinances or parts thereof in conflict with this Ordinance are hereby repealed.
FIRST PASSAGE OF CHARTER AMENDMENT
SO ORDAINED this 2nd day of October, 2007
4566
MUNICIPAL HOME RULE ORDINANCES
sf ANITA PONDER Anita Ponder, President of City Council
SO APPROVED this 8th day of October, 2007.
sf C. JACK ELLIS C. Jack Ellis, Mayor
SECOND PASSAGE OF CHARTER AMENDMENT
SO ORDAINED this 16th day of October, 2007. sf ANITA PONDER Anita Ponder, President of City Council
SO APPROVED this 17th day of October, 2007. sf C. JACK ELLIS C. Jack Ellis, Mayor
City of Macon, Ga. I do hereby certify that the above and foregoing Ordinance was duly passed at the Regular Meeting of the Council of the City of Macon, held 10-2-2007. Witness my hand and seal of the City of Macon this I0-3-2007.
sf Joyce R. Humphrey Clerk of Council
SUBMITTED TO MAYOR'S OFFICE October 3, 2007
RETURNED FROM MAYOR'S OFFICE October 9, 2007 12:05 PM
City of Macon, Ga. I do hereby certify that the above and foregoing Ordinance was duly passed at the Regular Meeting of the Council of the City of Macon, held 10-16-2007. Witness my hand and seal of the City of Macon this 10-17-2007.
sf Joyce R. Humphrey Clerk of Council
GEORGIA LAWS 2008 SESSION
SUBMITTED TO MAYOR'S OFFICE October 17, 2007
4567
RETURNED FROM MAYOR'S OFFICE October 18, 2007 12:03 PM
CERTIFICATION
October 25, 2007
I, Joyce R. Humphrey, Clerk of the City Council of Macon, Georgia do hereby certify that the attached is a true and correct copy on file in the City Council Office of Ordinance Number 0-07-0048 to amend Article IV of Appendix II ofthe Charter of the City of Macon, relating to the Fire and Police Employees Retirement System so as to amend Sections 4.1 and 4.2 by adding the requirement that a person be employed five (5) years before becoming eligible to draw retirement.
s/ JOYCE R. HUMPHREY Joyce R. Humphrey Clerk of Council City of Macon, Georgia [SEAL]
STATE OF GEORGIA COUNTY OF BIBB
PERSONALLY APPEARED BEFORE ME, A NOTARY PUBLIC WITHIN AND FOR ABOVE STATE AND COUNTY, GIN! SEITZ, WHO DEPOSES AND SAYS SHE IS THE CLASSIFIED/LEGAL MANAGER FOR THE MACON TELEGRAPH AND IS DULY AUTHORIZED BY THE PUBLISHER THEREOF TO MAKE THIS AFFIDAVIT, AND THAT ADVERTISEMENT AS PER ATTACHED CLIPPING HAS BEEN PUBLISHED IN THE MACON TELEGRAPH ON THE FOLLOWING DATES: 9/28,10/5,12
SIGNED s/ GIN! SEITZ
SWORN TO AND SUBSCRIBED BEFORE ME THIS 5th DAY OF November, 2007 NOTARY PUBLIC, BIBB COUNTY, GEORGIA sf KATHLEEN J. MILLER (SEAL)
4568
MUNICIPAL HOME RULE ORDINANCES
GEORGIA, BIBB COUNTY PUBLIC NOTICE The City of Macon proposes to amend Appendix II of its Charter so as to require a person to be employed five (5) years before becoming eligible to draw retirement and to amend Appendix III of its Charter so as to provide a supplemental benefit of 100.00 per month for certain current and future retirees unless the increase is disapproved by the governing body of the City of Macon based on the financial soundness of the plan. The proposed charter amendments are available for public inspection in the Office of the City Clerk and the Office of the Bibb County Superior Court Clerk. #2571107: 9/28, 10/5, 10/12
Filed in the Office of the Secretary of State November 20, 2007.
CITY OF JENKINSBURG- NAME; MAYOR AND COUNCIL; ELECTIONS.
City of Jenkinsburg Ordinance #JGBO -07-04
The Council of the City of Jenkinsburg hereby ordains this Ordinance to Amend the Charter of the City of Jenkinsburg
Whereas, the Mayor and Council have determined to change the wording of the Town Charter to read The City ofJenkinsburg.
Whereas, Article II, Government Structure, Elections and Removal, Section 2.10 (b) of the City Charter shall be amended to read: The mayor and council
members shall serve for terms offour years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless he shall have been a resident of this city for 12 months immediately preceding the election of mayor or council members; each such person shall continue to reside within the city during said period ofservice 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 ballotforelectionfor either mayor or councilmember unless such person shallfile a written notice with the clerk ofsaid city that he desires his name to be placed on said ballot as a candidate either for mayor or councilmember. No person shall be eligiblefor the office ofmayor or councilmember unless such person shallfile the notice providedfor in this subsection within the time providedfor in Chapter 3 of Title 21 ofthe 0. C. G.A., the "Georgia Municipal Election Code."
Section 2.11 Elections (a) shall be amended to read: At any election, all persons who are qualified under the Constitution and laws ofthe State ofGeorgia to vote for members ofthe General Assembly of Georgia and who have been bona fide residents of said city and
GEORGIA LAWS 2008 SESSION
4569
registered to vote by deadline set by the State ofGeorgia Election Board shall be eligible to qualifY as voters in the election.
Section 2.ll(e) shall be amended to read: Elections shall be held on the days set by the State of Georgia Election Board. On the first Tuesday after the first Monday in November, 2007, and on that day every 4 years thereafter, there shall be elected a mayor and the council members from posts number I and 3. Then, on the first Tuesday after first Monday in November, 2009, and on that day every 4 years thereafter, there shall be elected the council members from posts number 2, 4, and 5. It is the purpose ofthis section to provide a rotation system for the office ofMayor and Council members. The terms ofthe offices shall begin at the time of taking the oath ofoffice as provided in Section 3.II of the charter.
Section 2.12 (b) shall be amended to read: In the event that the office ofmayor or councilmember shall become vacant, the city council or those remaining shall order a special election to fill the balance ofthe unexpired term ofsuch official; provided, however, ifsuch vacancy occurs within I2 months ofthe expiration ofthe term of that office, the city council or those members remaining shall appoint a successorfor the remainder ofthe term. In all other respects, the special election shall be held and conducted in accordance with Chapter 3 of Title 2I of the O.C.G.A., the "Georgia Municipal Election Code," as now or hereafter amended.
Whereas, the proposed amendments to the town charter shall become effective upon passage, adoption and recording of this ordinance by a duly recorded vote of the City Council pursuant to rules of the O.C.G.A.36-35-3 and O.C.G.A 36-35-5. The vote shall be duly recorded in the minutes of the City Council.
The Council of the City ofJenkinsburg herby ordains this Ordinance #JBG0-07-04 this 24th day of September, 2007.
Mayor and Council of Jenkinsburg, Georgia.
s/ LANIER BURFORD
Lanier Burford, Mayor
ATTEST: Laurie Francis
s/ DAVID ENGLAND
s/ LAURIE FRANCIS
David England, Councilmember
Clerk
s/ JOYE ENGLAND Joye England, Councilmember
s/ EDDIE FORD Eddie Ford, Councilmember
4570
MUNICIPAL HOME RULE ORDINANCES
s/ SUSAN BARABAS Susan Barabas, Councilmember
s/ EUGENE WELLS, SR. Eugene Wells, Sr., Councilmember
IN THE SUPERIOR COURT OF BUTTS COUNTY STATE OF GEORGIA
RE: Jenkinsburg proposed and adopted amendments. Legal# 07525 8/29-911 2, 2007
City of Jenkinsburg Jenkinsburg, Ga.
AFFIDAVIT OF PUBLISHER
Before the undersigned officer, duly authorized by law came the undersigned deponent, who after being duly sworn deposes and says that the facts contained in this affidavit are true and correct.
I. That Affiant is Marshall Avett. 2. Affiant is Publisher of the Jackson Progress-Argus. 3. Affiant states on oath that the attached notice was published in the following editions
of the Jackson Progress-Argus newspaper:
_ _ _ _ _ _ _ _August 29-September 12, 2007
AFFIANT FURTHER SAITH NAUGHT.
JACKSON PROGRESS-ARGUS BY: s/ MARSHALL AVETT
Sworn to and subscribed before me This 9th day of Oct., 2007.
sl BEVERLY HARRIS-WALKER Beverly Harris-Walker NOTARY PUBLIC, STATE OF GA MY COMMISSION EXPIRES: 26 Mar 2011 (NOTARY SEAL)
GEORGIA LAWS 2008 SESSION
4571
PUBLIC NOTICE
Notice is given that the Town of Jenkinsburg is considering for adoption a proposed ordinance to amend the town charter to change the wording to "The City of Jenkinsburg." Also, the Mayor and Council propose to make several amendments in the election portion of the town charter Article II, Section #2.1 O(b), Section #2.11 (a&e), and Section #2.12(b). These changes are being made in order to comply with the Georgia Municipal Election Code.
This ordinance shall be adopted by Mayor and Council at regular council meetings September 10,2007 and September 24,2007 and shall become effective upon final passage and filing of Charter amendments pursuant to rules of the O.C.G.A. #36-35-3 and O.C.G.A. #36-35-5.
A copy of the proposed Ordinance with proposed amendments is on file in the office of the Jenkinsburg City Clerk and in the office of the Clerk of the Superior Court of Butts County for the purpose ofexamination and inspection by the public. The Jenkinsburg City Clerk will furnish anyone, upon written request, a copy of the Ordinance with proposed amendments. #07525 8/29-9112-c
Filed in the Office of the Secretary of State November 6, 2007.
CITY OF MACON- FIRE AND POLICE EMPLOYEES RETIREMENT SYSTEM; SUPPLEMENTAL BENEFIT.
SPONSOR: COUNCILPERSON BRENDA YOUMAS COUNCILPERSON CHARLES JONES
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MACON, GEORGIA TO AMEND ARTICLE IV OF APPENDIX III OF THE CHARTER OF THE CITY OF MACON, RELATING TO THE FIRE AND POLICE EMPLOYEES RETIREMENT SYSTEM, (1969 GA. LAWS, PAGE 2801) PURSUANT TO THE AUTHORITY GRANTED THE CITY OF MACON UNDER THE GEORGIA PUBLIC RETIREMENT SYSTEMS STANDARDS ACT, O.C.G.A. SEC. 47-20-1 ET SEQ., AND THE MUNICIPAL HOME RULE ACT OF 1965 (1965 GA.LAWS,P.298, ET SEQ.,AS AMENDED, O.C.G.A. SEC. 36-35-1, ET. SEQ.,) SO AS TO ADD A NEW SECTION (7) TO PROVIDE A SUPPLEMENTAL BENEFIT OF $100.00 PER MONTH FOR CERTAIN CURRENT AND FUTURE RETIREES UNLESS THE INCREASE IS DISAPPROVED BY THE GOVERNING BODY OF THE CITY OF MACON BASED ON THE FINANCIAL SOUNDNESS OF THE PLAN; AND FOR OTHER PURPOSES.
4572
MUNICIPAL HOME RULE ORDINANCES
WHEREAS, It has been many years since there has been an increase in the benefits payable to retirees and disability beneficiaries of the Macon Fire & Police Department Employees' Retirement System; and
WHEREAS, an actuarial study of the plan has been completed and the actuary has determined that a supplemental benefit of $100.00 per month for current and future retirees (but not including spouses or other beneficiaries) who have at least twenty-five (25) years of full time service credit with the City of Macon retirees or who become eligible for disability retirement is affordable under the current funding of 6.0 % by the City of Macon for the Fire & Police Pension Fund; and
WHEREAS, an increase in benefits will encourage the retention of employees in both the Fire & Police Departments and will boost the morale of the departments as well as helping to bring the pensioners above the poverty line.
BE IT ORDAINED by the Mayor and council of the City of Macon, Georgia, and it is hereby so ordained by the authority ofthe same that Article IV ofAppendix III ofthe Charter of the City of Macon, relating to the Fire and Police Employees Retirement System (1969 Ga. Laws, page 280 I) is amended pursuant to the authority granted the City of Macon under the Georgia Public Retirement Systems Standards Act, O.C.G.A. Sec. 47-20-1 et seq., and the Municipal Home Rule Act of 1965 (1965 Ga. Laws, p. 298, et seq., as amended, O.C.G.A. Sec. 36-35-1, et seq.) adding a new Section (7) so that section (7) shall read as follows:
"(7) Supplemental Benefit Beginning upon the effective date of this amendment, a supplemental benefit of $100.00 per month shall be paid to current and future retirees (but not including spouses or other beneficiaries)with twenty-five (25) years of full time service credit with the City of Macon or who become eligible for disability retirement except that no such supplemental benefit shall be effective as to any year for which such supplemental benefit is disapproved by the governing body of the City of Macon, based on the financial soundness of the plan."
FIRST PASSAGE OF CHARTER AMENDMENT
SO ORDAINED this 2nd day of October, 2007
sf ANITA PONDER Anita Ponder, President of City Council
GEORGIA LAWS 2008 SESSION
4573
SO APPROVED this 8th day of Oct, 2007.
s/ C. JACK ELLIS C. Jack Ellis, Mayor
SECOND PASSAGE OF CHARTER AMENDMENT
SO ORDAINED this 16th day of October, 2007.
s/ ANITA PONDER Anita Ponder, President of City Council
SO APPROVED this 17th day of October, 2007
s/ C. JACK ELLIS C. Jack Ellis, Mayor
City of Macon, Ga. I do hereby certify that the above and foregoing Ordinance was duly passed at the Regular Meeting of the Council of the City of Macon, held 10-2-2007. Witness my hand and seal of the City of Macon this 10-3-2007
s/ JOYCE R. HUMPHREY Clerk of Council
SUBMITTED TO MAYOR'S OFFICE October 3, 2007
RETURNED FROM MAYOR'S OFFICE October 9, 2007@ 12:05 PM
City of Macon, Ga. I do hereby certify that the above and foregoing Ordinance was duly passed at the Regular Meeting of the Council of the City of Macon, held 10-16-2007. Witness my hand and seal of the City of Macon this 10-17-2007
s/ JOYCE R. HUMPHREY Clerk of Council
SUBMITTED TO MAYOR'S OFFICE October 17, 2007
4574
MUNICIPAL HOME RULE ORDINANCES
RETURNED FROM MAYOR'S OFFICE October 18, 2007@ 12:03 PM
CERTIFICATION
October 25, 2007
I, Joyce R. Humphrey, Clerk of the City Council of Macon, Georgia do hereby certify that the attached is a true and correct copy on file in the City Council Office of Ordinance Number 0-07-0047 to amend Article IV of Appendix III of the Charter ofthe City ofMacon, relating to the Fire and Police Employees Retirement System so as to add a new Section (7) to provide a supplemental benefit of $100.00 per month for certain current and future retirees.
sf JOYCE R. HUMPHREY Joyce R. Humphrey Clerk of Council City of Macon, Georgia [SEAL]
STATE OF GEORGIA COUNTY OF BIBB
PERSONALLY APPEARED BEFORE ME, A NOTARY PUBLIC WITHIN AND FOR ABOVE STATE AND COUNTY, GINI SEITZ, WHO DEPOSES AND SAYS SHE IS THE CLASSIFIED/LEGAL MANAGER FOR THE MACON TELEGRAPH AND IS DULY AUTHORIZED BY THE PUBLISHER THEREOF TO MAKE THIS AFFIDAVIT, AND THAT ADVERTISEMENT AS PER ATTACHED CLIPPING HAS BEEN PUBLISHED IN THE MACON TELEGRAPH ON THE FOLLOWING DATES: 9/28,10/5,12
SIGNED s/ GINI SEITZ
SWORN TO AND SUBSCRIBED BEFORE ME THIS 5th DAY OF November, 2007 NOTARY PUBLIC, BIBB COUNTY, GEORGIA sf KATHLEEN J. MILLER (SEAL)
GEORGIA LAWS 2008 SESSION
GEORGIA, BIBB COUNTY PUBLIC NOTICE
4575
The City of Macon proposes to amend Appendix II of its Charter so as to require a person to be employed five (5) years before becoming eligible to draw retirement and to amend Appendix III of its Charter so as to provide a supplemental benefit of 100.00 per month for certain current and future retirees unless the increase is disapproved by the governing body of the City of Macon based on the financial soundness of the plan. The proposed charter amendments are available for public inspection in the Office of the City Clerk and the Office of the Bibb County Superior Court Clerk. #2571107: 9/28, 10/5, 10112
Filed in the Office of the Secretary of State November 20,2007.
CITY OF CORDELE- SAFETY DIRECTOR.
ORDINANCE
AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF CORDELE SO AS TO PROVIDE FOR A SAFETY DIRECTOR; AND FOR OTHER PURPOSES IN CONNECTION WITH SAID OBJECTIVE, PURSUANT TO AUTHORITY CONTAINED IN SECTION 9-11 OF THE CHARTER OF THE CITY OF CORDELE (Ga.L., 1969, p. 3852) AND THE MUNICIPAL HOME RULE ACT OF 1965 (O.C.G.A. 36-36-1, et seq.).
The City Commission of the City of Cordele hereby ordains
1.
Section 3.22 of the Charter of the City of Cordele (Ga.L., 1969, pp 3832, 3833) is deleted in its entirety and Section 3.22 is hereby amended to read as follows:
"Section 3.22- Chief Administrator. The City Manager shall be responsible to the City Commission for the proper administration of all the affairs of the city unless the City Commission has appointed a safety director as hereinafter provided. As chief administrator the city manager shall have the power to appoint and remove all officers, department head, and employees of the city, except the city attorney who shall be appointed as provided in Article 3, hereof (Ga.L., 1969, p. 3833), and except the safety director who shall be appointed and shall serve as provided in Article 2A hereof; however, if a safety director is serving the city, the city manager may appoint and remove officers and employees assigned to the police and fire departments only upon written recommendations or approval of the
4576
MUNICIPAL HOME RULE ORDINANCES
safety director. The city manager shall report to the City Commission every appointment and removal of a department head at the next commission meeting following the appointment and removal. Except as may be modified in Article 2A, it shall be the duty of the city manager to supervise the administration of the affairs of the city; to see that the ordinances, resolutions, and regulations of the City Commission and the laws of the State ofGeorgia are faithfully executed and enforced; to make such recommendations to the City Commission concerning the affairs of the city as he or she shall deem expedient; to keep the City Commission advised of the financial condition and future financial needs of the city; to attend all meetings of the City Commission and to prepare and to submit to the City Commission such reports as he or she may deem expedient or as may be required of him or her by the City Commission. He or she shall perform such other functions as assigned by the City Commission, provided however, his or her remuneration shall not exceed the amount of salary fixed in Section 3.20."
Section 3.22 - Chief Administrator. Before the amendment aforesaid contained the following text (Ga. L., 1969, pp. 3832, 3833):
"Section 3.22- Chief Administrator. The City manager shall be responsible to the City Commission for the proper administration of all affairs ofthe city. As chief administrator, the city manager shall have to power to appoint and remove all officers, department heads, and employees in the administrative service of the city, except the city attorney who shall be appointed as provided in Article 3 hereof. The city manager shall report to the City Commission every appointment and removal of a department head at the next commission meeting following the appointment or removal. It shall be the duty of the city manager to supervise the administration ofthe affairs ofthe city; to see that the ordinances, resolutions, and regulations of the City Commission and the laws of the State are faithfully executed and enforced; to make such recommendation to the City Commission concerning the affairs of the city as he shall deem expedient; to keep the City Commission advised of the financial condition and future financial needs of the city; to attend all meetings of the City Commission and to prepare and to submit to the City Commission such reports as he may deem expedient or as may be required of him by the City Commission. He shall perform such other functions as assigned by the City Commission, provided however, his remuneration shall not exceed the amount of salary fixed in Section 3.20."
2.
A new Article is herewith added to the Charter of the City of Cordele, as follows:
GEORGIA LAWS 2008 SESSION "Article 2A, Safety Director"
4577
"Section 3.23- Appointment; Qualifications; Term; Compensation. The City Commission may, but is not required to, appoint a safety director, who shall have such qualifications as the Commission may require. The safety director shall serve at the pleasure of the City Commission and shall receive such compensation as the Commission shall determine.."
"Section 3.24- Duties of the Safety Director. It shall be the duty of the safety director to supervise the administration of the affairs of the police and fire departments of the city; to see that the ordinances, resolutions, and regulations of the City Commission and the laws of the State are faithfully executed and enforced; to make such recommendations to the City Commission concerning police and fire protection functions as he shall deem expedient; to attend all meetings of the City Commission and to prepare and submit to the City Commission such reports as he may deem expedient or as may be required of him the City Commission. The safety director may appoint and remove officers and employees of the police and fire departments only upon written approval of the city manager. In all matters fiscal the city manager shall remain the chief administrator of the city; all purchases for the police and fire departments shall be according to purchase procedures under his or her supervision and control; and all receipts collected by the police and fire departments shall be accounted for as he or she may direct; however, it shall be the duty and responsibility of the safety director to enforce fiscal policies and procedures under his control. The safety director is directly responsible to the City Commission for the faithfully and effective performances of his duties, as well as the proper functioning of the departments under his control."
3.
It is declared to be the legislative intent of this Ordinance that it is severable, and that if any portion thereof be found illegal or unconstitutional by a court of competent jurisdiction, the remaining portions shall remain of full force and effect.
4,
The requirements of O.C.G.A. 36-35-3(b)(l) and O.C.G.A. 36-35-5 shall be accomplished by the city attorney.
5.
The required notice containing a synopsis of the charter amendment contained in this ordinance has appeared in the Cordele Dispatch newspaper, and a copy of such notice and the Publisher's Affidavit of Publication are attached hereto and made a part hereof.
4578
MUNICIPAL HOME RULE ORDINANCES 6,
This Ordinance shall become effective upon final adoption and signing by the Chairman, and filings accomplished as provided by O.C.G.A. 36-35-5 with the Secretary of State and the Clerk of Crisp Superior Court.
Introduced and read at the regular meeting of the Cordele City Commission November 6, 2007.
Read, approved and adopted at the regular meeting of the Cordele City Commission December 18, 2007.
s/ ZACK H. WADE ZACK H. WADE, Chairman December 18, 2007
ATTEST:
s/ STEVE FULFORD STEVE FULFORD, City Clerk
NOTICE
SYNOPSIS OF PROPOSED AMENDMENTS TOTHECHARTEROFTHE CITY OF CORDELE
Pursuant to provisions of the Municipal Home Rule Act of 1965 (O.G.G.A. 36-35-1, et seq.) the City Commission of the City of Cordele herewith gives notice of its intention to amend the Charter of the City of Cordele (Ga.L., 1969, p. 3806 et seq.) by Ordinance introduced at its regular meeting November 6, 2007, and to be adopted in final form at its regular public meeting December 18, 2007.
I. Safety Director Authorized
A new Article, (2A), will be added to the Charter of the City of Cordele. It provides for appointment of a safety director, his qualifications, term of office, and compensation.
The Commission may, but is not required, to appoint a safety director. If appointed, he will supervise the administration and affairs of the police and fire departments and be directly
GEORGIA LAWS 2008 SESSION
4579
responsible to the City Commission. He will attend all meetings of the City Commission, and serve at its pleasure at compensation set by the Commission.
In the event a safety director is appointed, Section. 3.22 of the Charter setting out duties, responsibilities, and authority of the city manager will stand amended so as not to conflict with the duties and responsibilities of the safety director.
The city manager will remain the chief administrator of the City, and all budget and fiscal matters of the City (including the police and fire departments) shall be under his or her responsibility and control.
If a safety director is serving the City, appointment and removal of officers and employees will require bilateral written action of the city manager and the safety director.
2. Full Test of Proposed Ordinance Available to the Public
A copy of the proposed amendment (ordinance) is on file in the Office of the Clerk of the City of Cordele and the Office of the Clerk of Superior Court of Crisp County for the purpose of examination and inspection by the public.
The Clerk of the City of Cordele shall furnish anyone, upon written request, a copy of the proposed amendment (ordinance).
This 27 day of November, 2007.
CORDELE CITY COMMISSION Zack H. Wade, Chairman
Run: Cordele Dispatch November 30, December 7, 14, 2007
Bill: Cotton Law Finn, P.C. Post Office Box 897 Cordele, Georgia 31010
Authority: Edwin T. Cotton
4580
MUNICIPAL HOME RULE ORDINANCES
CERTIFICATION
GEORGIA, CRISP COUNTY.
This is to certify that the within Ordinance, with its attached Synopsis, are true and correct Copies of the published Synopsis and the Ordinance passed in final form by the City Commission of the City of Cordele, Georgia, on the 18th day of December, 2007, as the same appear upon the Official records of the said City of Cordele, and that the said Ordinance is now, and has been since said date, in full force and effect. I further certify that I am the lawfully appointed Custodian of the said Official Records of the said City of Cordele.
This the 27th of December, 2007.
s/ STEVE FULFORD STEVE FULFORD, City Clerk [OFFICIAL SEAL]
CERTIFICATE OF SERVICE
GEORGIA, CRISP COUNTY.
I hereby certify that I have served true and correct copies of the foregoing Ordinance, Synopsis, Publisher's Affidavit, and Clerk's Certificate, upon Honorable Karen C. Handel, Secretary of State, 214 State Capitol, Atlanta, Georgia 30334, and Honorable Jean Rogers, Clerk, Crisp Superior Court, 210 South 7th Street, Cordele, Georgia 31015, in properly addressed envelopes with sufficient postage affixed to assure delivery through the United States Postal Service,
This 27th day of December, 2007.
s/ EDWIN T. COTTON EDWIN T. COTTON City Attorney City of Cordele
GEORGIA LAWS 2008 SESSION
4581
PUBLISHER'S AFFIDAVIT
GEORGIA, CRISP COUNTY.
Personally appeared before the undersigned officer duly authorized to administer oaths PEGGY KING who being first duly sworn, deposes and under oath says that she is the Editor of Cordele Dispatch, a newspaper of general circulation in Crisp County, Georgia, in which the legal advertisements ofthe Crisp County Sheriff appear, and that the legal advertisement, a copy of which is attached hereto was published in the said Cordele Dispatch on November 30, December 7, and December 14,2007, and that the said newspaper has been paid for such publications.
This the 24th day of December, 2007.
sf PEGGY KING PEGGY KING
Sworn to and subscribed before me, this 24th day of December, 2007.
s/PATRICIA G. STEWART NOTARY PUBLIC My Commission Expires April 26, 2008 [NOTARIAL SEAL]
NOTICE SYNOPSIS OF PROPOSED AMENDMENTS TO THE
CHARTER OF THE CITY OF CORDELE
Pursuant to provisions of the Municipal Home Rule Act of 1965 (O.C.G.A. 36-35-1, et seq.) the City Commission of the City of Cordele herewith gives notice of its intention to amend the Charter of the City of Cordele (Ga.L., 1969, p. 3806 et seq.) by Ordinance introduced at its regular meeting November 6, 2007, and to be adopted in final form at its regular public meeting December 18, 2007. 1. Safety Director Authorized A new Article, (2A), will be added to the Charter of the City of Cordele. It provides for appointment of a safety director, his qualifications, term of office, and compensation. The Commission may, but is not required, to appoint a safety director. If appointed, he will supervise the administration and affairs of the police and fire departments and be directly responsible to the City Commission. He will attend all meetings of the City Commission, and serve at its pleasure at compensation set by the Commission.
4582
MUNICIPAL HOME RULE ORDINANCES
In the event a safety director is appointed, Section 3.22 of the Charter setting out duties, responsibilities, and authority of the city manager will stand amended so as not to conflict with the duties and responsibilities of the safety director. The city manager will remain the chief administrator of the City, and all budget and fiscal matters of the City (including the police and fire departments) shall be under his or her responsibility and control. If a safety director is serving the City, appointment and removal of officers and employees will require bilateral written action of the city manager and the safety director. 2. Full Test of Proposed Ordinance Available to the Public. A copy of the proposed amendment (ordinance) is on file in the Office of the Clerk of the City of Cordele and the Office of the Clerk of the City of Superior Court of Crisp County for the purpose of examination and inspection by the public. The Clerk of the City of Cordele shall furnish anyone, upon written request, a copy of the proposed amendment (ordinance). This 27 day of November. 2007 CORDELE CITY COMMISSION Zack H. Wade, Chairman Nov.30,Dec.7, 14,2007 AD #71520064
Filed in the Office of the Secretary of State December 31, 2007.
CITY OF ALBANY- DIRECTOR OF CODE ENFORCEMENT.
07-137 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 SA OF THE CHARTER OF THE CITY OF ALBANY SO AS TO CREATE A DIRECTOR OF CODE ENFORCEMENT; 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 create a Director of Code Enforcement,
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:
GEORGIA LAWS 200S SESSION SECTION 1. Section SA of the Charter of the City of Albany is hereby deleted.
45S3
SECTION 2. Section SA of the Charter of the City of Albany shall read as follows:
Sec. SA Director of Albany Code Enforcement Department.
The director of the code enforcement department shall have the power, authority, and responsibility to discharge the duties of a department head of a law enforcement agency as defined by the Official Code of Georgia, Annotated 35-S-2(4) and, in addition thereto, shall perform such other duties as the city manager and/or board of city commissioners may from time to time prescribe. The department is responsible for enforcing all city ordinances, particularly building and zoning ordinances, environmental ordinances, business license (occupation tax) ordinances and the false alarm ordinance. The code enforcement department shall be established as a law enforcement unit as defined by the Official Code of Georgia, Annotated 35-S-2(7). The Department is also responsible to fulfill the code enforcement functions for Dougherty County as agreed to by House Bill 4S9 Service Delivery agreements, and therefore has authority to perform said duties in the unincorporated area of Dougherty County.
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 Commissioners of the City of Albany, Georgia at two regularly scheduled consecutive meetings and after compliance with all of the provisions of the Municipal Home Rule Act of 1965, as amended.
SECTION 4. All Ordinances, or parts of Ordinances, and all Charter provisions, or parts of Charter provisions, in conflict herewith are repealed.
s/W. ADAMS MAYOR
ATTEST:
sf SONJA TOLBERT CITY CLERK
Adopted: Nov. 27, 2007 First Reading Dec. lS, 2007 Second Reading
Introduced By Commissioner: Langstaff Date(s) read: Nov. 27,2007 Dec. IS, 2007
4584
MUNICIPAL HOME RULE ORDINANCES
I do hereby certify that this is a true and correct copy.
s/ SISSY KELLY
Dec. 21, 2007
City Clerk, Asst.
Date
Albany, GA
Affidavit of Publication
Georgia, Dougherty County
Personally, appeared before the undersigned, an officer, authorized to administer oaths, Rashelle Beasley, who being sworn, says that she is The Retail Sales Manager of the Albany Herald Publishing, Inc., a corporation with principal offices at Albany, Dougherty County, Georgia, and having general circulation within the area of Dougherty County and Baker County, and that the advertisement of Amend Charter, a TRUE COPY of which is affixed hereto, was published in said Albany Herald in all its editions for December 2, 2007.
s/ RASHELLE BEASLEY Rashelle Beasley
Sworn to and subscribed before me at Albany, Georgia this 2nd day of January, 2008.
s/ ANNETTE OLIVER Notary Public (SEAL)
Affidavit of Publication
Georgia, Dougherty County
Personally, appeared before the undersigned, an officer, authorized to administer oaths, Rashelle Beasley, who being sworn, says that she is The Retail Sales Manager of the Albany Herald Publishing, Inc., a corporation with principal offices at Albany, Dougherty County, Georgia, and having general circulation within the area of Dougherty County and Baker County, and that the advertisement of Amend Charter, a TRUE COPY of which is affixed hereto, was published in said Albany Herald in all its editions for Dec 9, 2007.
s/ RASHELLE BEASLEY Rashelle Beasley
GEORGIA LAWS 2008 SESSION
Sworn to and subscribed before
me at Albany, Georgia this_
day of
, 2008.
4585
Notary Public
Affidavit of Publication
Georgia, Dougherty County
Personally, appeared before the undersigned, an officer, authorized to administer oaths, Rashelle Beasley, who being sworn, says that she is The Retail Sales Manager of the Albany Herald Publishing, Inc., a corporation with principal offices at Albany, Dougherty County, Georgia, and having general circulation within the area of Dougherty County and Baker County, and that the advertisement of Amend Charter, a TRUE COPY of which is affixed hereto, was published in said Albany Herald in all its editions for Dec 16, 2007.
s/ RASHELLE BEASLEY Rashelle Beasley
Sworn to and subscribed before
me at Albany, Georgia this_
day of
, 2008.
Notary Public
NOTICE OF INTENTION TO AMEND CHARTER OF THE CITY OF ALBANY, GEORGIA
BY ORDINANCE PURSUANT TO THE PROVISIONS OF THAT ACT OF THE GENERAL ASSEMBLY KNOWN AS
"THE MUNICIPAL HOME RULE ACT OT 1965"
Notice is hereby given that an ordinance was introduced on November 27,2007, and will be read for final adoption on December 18, 2007, to amend the Charter of the City of Albany, Georgia, which was created by an act amended on August 18, 1923 (Ga. L. 1923, p. 370), as amended, so as to create a Director of Code Enforcement.
A copy of this proposed amendment to the Charter of the City of Albany, Georgia is on file in the office of the Clerk of the City of Albany, and is on file in the office of the Clerk of the
4586
MUNICIPAL HOME RULE ORDINANCES
Superior Court ofDougherty County, Georgia, for the purpose ofexamination and inspection by the public, all as required by law.
This 2nd day of December, 2007.
C. Nathan Davis City Attorney City of Albany, Georgia 20 I W. Oglethorpe Blvd. Albany, Georgia 31701 229.431.2805
Filed in the Office of the Secretary of State January 7, 2008.
CITY OF DAWSON- TAX EXECUTIONS; COLLECTION OF COSTS; EMPLOYMENT OF COLLECTION AGENCIES.
ORDINANCE NO. 07-05
AN ORDINANCE ADOPTED PURSUANT TO THE MUNICIPAL HOME RULE ACT OF 1945, O.C.G.A. SEC. 36-35-1 et seq., AMENDING THE CHARTER OF THE CITY OF DAWSON SO AS TO PROVIDE FOR THE COLLECTION FROM DELINQUENT TAX PAYERS OF THE COSTS OF COLLECTION AND THE COSTS OF LEVY PREPARATION AND EXECUTION PROCEDURES, AND TO ADD SUCH SUMS TO THE AMOUNTS DUE ON TAX EXECUTIONS; TO AUTHORIZE THE EMPLOYMENT OF AGENCIES TO ASSIST IN THE COLLECTION OF DELINQUENT TAXES AND IN TAX EXECUTION LEVY PREPARATION AND COLLECTION PROCEDURES, TO PROVIDE FOR THE PAYMENT BY THE DELINQUENT TAXPAYER OF THE COSTS OF EMPLOYING SUCH AGENCIES, AND TO ADD SUCH COSTS TO THE AMOUNTS DUE ON TAX EXECUTIONS; TO CONFORM SECTION 4-32 TO THE PROVISIONS OF THIS AMENDMENT; TO REPEAL ALL PRIOR ORDINANCES AND CHARTER PROVISIONS IN CONFLICT; AND FOR OTHER PURPOSES.
BE IT ORDAINED by the Mayor and Council of the City of Dawson, pursuant to and by 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:
GEORGIA LAWS 2008 SESSION
4587
SECTION 1. Section 4-28 of the charter of the City of Dawson is amended so as to add two additional paragraphs to said section, to be designated paragraphs (c) and (d) respectively, to read as follows:
"(c) The city council shall have the power and authority to provide by ordinance for the collection from delinquent tax payers, in addition to all other sums, of the costs of collection and the costs of levy preparation and execution procedures, and to add such sums to the amounts due on tax executions. The costs oflevy preparation and execution procedures shall include; but without limitation, the cost of title searches, name and address verifications, legal fees, and all other levy and enforcement costs of every kind.
"(d) The city council shall have the power and authority to provide by ordinance for the employment by the city manager of agencies to assist in the collection of delinquent taxes and in tax execution levy preparation and enforcement procedures, to provide for the payment of the costs of such agencies by the delinquent tax payer, and to provide for the costs of such agencies to be added to the amounts due on tax executions.
SECTION 2. Section 4-32 of the charter of the City of Dawson is amended by repealing paragraph (a) thereof in its entirety and substituting in lieu thereof a new paragraph (a), and by adding at the beginning of paragraph (b) thereof the words "Except as otherwise provided by this charter, and especially by Secti n 4-28 as amended by this ordinance," so that Section 4-32 (a) and (b), as amended, shall read:
"(a) Issuance, contents, procedure thereunder. Executions for any and all taxes or licenses, or demands of any sort due the city or its corporate authorities by any person, firm or corporation, or against any property subject thereto, shall be issued by the clerk, be signed by him or her, bear teste in the name of the mayor, and be directed to the chief of police of said city and his deputies and all and singular the sheriffs, deputy sheriffs and constables of this state, commanding them that of any property belonging to the defendant against whom said execution is issued, or of certain property described in the execution, they make by levy and sale the amount due on the execution with all costs.
"(b) Laws, presumptions governing executions. Except as otherwise provided by this charter, and especially by Section 4-28 as amended by this ordinance, all executions issued by the city clerk for taxes, licence fees, special assessments, fines or forfeitures due the city shall be governed by the laws governing executions for state and county taxes, and shall be subject to all presumptions of law and fact which apply to executions for state and county taxes."
Paragraph (c) of Section 4-32 of the charter shall remain unchanged.
4588
MUNICIPAL HOME RULE ORDINANCES
SECTION 3. All ordinances and charter provisions in conflict herewith are repealed.
SO ORDAINED This 13th day of December, 2007.
THE CITY OF DAWSON
By s/ ROBERT ALBRITTON Mayor
Attest: s/ SHERI L. HOWARD City Clerk
[SEAL)
First Reading:
November 8, 2007
Second Reading: December 13,2007
PUBLISHER'S AFFIDAVIT
STATE OF GEORGIA COUNTY OF TERRELL
I, the undersigned, do 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 Dawson, Georgia, and do further certify that the attached Notice of Adoption of Charter Amendment - City of Dawson was published in said newspaper on the dates of Nov 22, 2007, Nov 29, 2007, and Dec 6, 2007.
s/ TOMMY ROUNDTREE EDITOR/PUBLISHER
Sworn to and subscribed before me this 14 day of Dec, 2007.
s/ JANICE FRENCH Notary Public Exp Aug 12, 2011
(SEAL)
GEORGIA LAWS 2008 SESSION PUBLIC NOTICE
4589
The City of Dawson is amending Section 4-28 of the charter of the city by adding additional paragraphs to said section authorizing the city council to provide for the collection from delinquent tax payers of the costs of collection and the costs of levy preparation and execution procedures and to add such sums to the amounts due on tax executions; to provide for the employment of agencies to assist in the collection of delinquent taxes and in tax execution levy preparation and enforcement procedures, to provide for the collection of the costs of employing such agencies from the delinquent tax payers, to provide for such cost to be added to the amount due on tax executions, and to conform Section 4-32 (b) of the charter to the foregoing provisions.
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 for Terrell County for the purpose of examination and inspection by the public.
The City of Dawson
Filed in the Office of the Secretary of State January 11, 2008.
CITY OF MACON -MACON FIRE AND POLICE EMPLOYEES RETIREMENT SYSTEM; BOARD; COMPOSITION.
COMMITTEE SUBSTITUTE AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MACON, GEORGIA TO AMEND ARTICLE VII OF APPENDIX III OF THE CHARTER OF THE CITY OF MACON, RELATING TO THE MACON FIRE AND POLICE EMPLOYEES RETIREMENT SYSTEM, (1969 GA. LAWS,PAGE 2801) PURSUANT TO THE AUTHORITY GRANTED THE CITY OF MACON UNDER THE GEORGIA PUBLIC RETIREMENT SYSTEMS STANDARDS ACT, O.C.G.A. SEC. 47-20-1 ET SEQ., AND THE MUNICIPAL HOME RULE ACT OF 1965 (1965 GA. LAWS,P. 298,ET SEQ.,AS AMENDED, O.C.G.A. SEC. 36-35-1, ET SEQ.,) SO AS TO AMEND SECTION (1) BY DELETING IT IN ITS ENTIRETY AND INSERTING IN LIEU THEREOF A NEW SECTION (1) SO AS TO REQUIRE THAT EVERY TWO (2) YEARS A RETIRED POLICE OFFICER BE ELECTED TO THE PENSION BOARD AND ON ALTERNATE TWO YEARS THAT A RETIRED FIREFIGHTER BE ELECTED TO THE BOARD AND THAT BOTH RETIRED AND ACTIVE FIREFIGHTERS AND POLICE OFFICERS BE INCLUDED IN THE ELECTORATE WHEN ELECTING THE ACTIVE AND RETIRED FIREFIGHTER AND POLICE OFFICER TO THE BOARD AND FOR OTHER PURPOSES.
4590
MUNICIPAL HOME RULE ORDINANCES
WHEREAS, the composition of the Board of the Macon Fire and Police Employees Retirement System is currently, two (2) Council members, one (I) fire fight, one (I) police officer, and one (I) citizen at large. There is no representation of retired police officers or fire fighters on the Board; and
WHEREAS, it would be advantageous to the Board to have representation of the people actually receiving the benefit.
NOW THEREFORE, BE IT ORDAINED by the Mayor and Council of the City of Macon, Georgia, and it is hereby so ordained by the authority of the same:
Section 1. Article VII of Appendix III of the Charter of the City of Macon, relating to the Fire and Police Employees Retirement System (1969 Ga. Laws, page 280 I) is amended pursuant to the authority granted the City of Macon under the Georgia Public Retirement Systems Standards Act, O.C.G.A. Sec. 47-20-1 et seq., and the Municipal Home Rule Act of 1965 (1965 Ga. Laws, p. 298, et seq., as amended, O.C.G.A. Sec. 36-35-1, et seq.) by deleting in its entirety Section (I) and inserting in lieu thereof new Section (1) so that section ( 1) shall read as follows: "(1) Appointment and term of office.
The board shall consist of five (5) active members. The five members shall consist of two (2) Councilpersons appointed by the Mayor, one (I) representative ofthe police department, chosen by a majority vote ofthe police officers both active and retired, one (1) representative of the fire department, chosen by a majority vote of the firefighters both active and retired, and a private citizen of the city (who is knowledgeable in investment finance), to be selected by the above-mentioned four. Every other term, the representative to the Board from the firefighters and from the police officers shall be a retiree and on the alternate terms from the firefighters and from the police officers, an active duty representative. The terms of office ofthe board members elected by the active and retired police officers and firefighters and the private citizen member, chosen as above, shall each be for a term of two (2) years and until a successor has been selected and qualified. Provided further that the terms of the retirees shall be alternate so that there will only be one (I) retiree representative on the Board and one (I) active duty representative on the Board at any time with the representative of the police being a retiree in the first term next following the effective date of this ordinance.. The city attorney shall serve as legal counsel for and advisor to the board.'
Section 2. The sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared illegal by the valid judgment or decree of any court of competent jurisdiction, such illegality
GEORGIA LAWS 2008 SESSION
4591
shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance.
Section 3. In accordance with Sec. 1-4(c) of the Code of Ordinances of the City of Macon, Georgia, it is hereby ordained that the provisions of this Ordinance shall become and be made a part ofthe Code of Ordinances of the City ofMacon, Georgia, and the sections of this Ordinance may be renumbered to accomplish such intention.
Section 4. All ordinances or parts thereof in conflict with this Ordinance are hereby repealed.
FIRST PASSAGE OF CHARTER AMENDMENT
SO ORDAINED this 15th day of January, 2008
s/ MIRIAM PARIS Miriam Paris, President of City Council
SO APPROVED this 17th day of January, 2008.
S/ ROBERT A. B. REICHERT Robert A. B. Reichert, Mayor
SECOND PASSAGE OF CHARTER AMENDMENT
SO ORDAINED this 5th day of February, 2008.
s/ MIRIAM PARIS Miriam Paris, President of City Council
SO APPROVED this 7th day of February, 2008.
s/ ROBERT A.B. REICHERT Robert A. B. Reichert, Mayor
City of Macon, Ga. I do hereby certify that the above and foregoing Ordinance was duly passed at the Regular Meeting of the Council of the City of Macon, held 1-15-2008. Witness my hand and seal of the City of Macon this 1-16-2008
4592
MUNICIPAL HOME RULE ORDINANCES
s/ JOYCE R. HUMPHREY Clerk of Council
SUBMITTED TO MAYOR'S OFFICE January 16, 2008 RETURNED FROM MAYOR'S OFFICE January 17, 2008 5:20PM
City of Macon, Ga. I do hereby certify that the above and foregoing Ordinance was duly passed at the Regular Meeting of the Council of the City of Macon, held 2-5-2008. Witness my hand and seal of the City of Macon this 2-6-2008
s/ JOYCE R. HUMPHREY Clerk of Council
SUBMITTED TO MAYOR'S OFFICE February 6, 2008 RETURNED FROM MAYOR'S OFFICE February 8, 2008 1:45 PM
STATE OF GEORGIA COUNTY OF BIBB
Personally appeared before me, a notary public within and for above state and county, Teresa Godwin, who deposes and says she is the classified/legal supervisor for The Macon Telegraph and is duly authorized by the publisher thereof to make this affidavit, and that advertisement as follows has been published in The Macon Telegraph on the following dates:
01119/2008 01126/2008 02/02/2008
2621918 #GEORGIA, BIBB COUNTY PUBLIC NOTICE- The City of Macon proposes to amend Article VII of Appendix III of its Charter so as to require that every two (2) years a retired police officer be elected to the Pension Board and on alternate two years that a retired firefighter be elected to the Board and that the electorate be both active and retired firefighters and police officers. The proposed charter amendment is available for public inspection in the Office of the City Clerk and the Office of the Bibb County Superior Court Clerk. #2621918: 1/19, 26; 2/2
SIGNED
GEORGIA LAWS 2008 SESSION
s/ TERESA GODWIN
Sworn to and subscribed before me this 02 day of FEBRUARY 2008
Notary Public
s/ Kathleen J. Miller Kathleen J. Miller Notary Public My commission expires January 12, 2010. (SEAL)
Filed in the Office of the Secretary of State February 19, 2008.
4593
CITY OF BERKELEY LAKE- MUNICIPAL COURT; FINES.
STATE OF GEORGIA COUNTY OF GWINNETT
ORDINANCE 0-65-08
A HOME RULE ORDINANCE TO AMEND ARTICLE 4, SECTION 4.13, SUBSECTION (C) OF THE CHARTER OF THE CITY OF BERKELEY LAKE; TO AMEND THE MAXIMUM FINE IMPOSED BY THE MUNICIPAL COURT FOR THE PUNISHMENT OF OFFENSES WITHIN ITS JURISDICTION; TO PROVIDE FOR SEVERABILITY; TO REPEAL CONFLICTING PROVISIONS OF THE CHARTER; TO REPEAL CONFLICTING ORDINANCES; TO PROVIDE FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BERKELEY LAKE that the Charter of the City of Berkeley Lake is hereby amended by deleting subsection (c) of Section 4.13 in its entirety and inserting, in lieu thereof, the following:
(c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000 or imprisonment for 60 days or both such fine and imprisonment or may fix punishment by fine, imprisonment or alternative sentencing as now, or hereafter provided by law.
4594 Severability
MUNICIPAL HOME RULE ORDINANCES
If any article, section, subsection, paragraph, clause, phrase or provision of this ordinance shall be adjudged invalid or held unconstitutional, such decision shall not affect or invalidate the remaining portions of this ordinance.
Repeal of Conflicting Provisions
All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.
Effective Date This ordinance shall be effective upon its adoption by the Council ofthe City of Berkeley
Lake.
SO ORDAINED, this 21st day of February, 2008.
sf LOIS SALTER LOIS SALTER, MAYOR CITY OF BERKELEY LAKE
ATTEST:
sf TOM ROZIER TOM ROZIER City Clerk
First Read:
January 17, 2008
Second Read and Adoption: February 21, 2008
PUBLISHER'S AFFIDAVIT
STATE OF GEORGIA COUNTY OF GWINNETT
Personally appeared before the undersigned, a notary public within and for said county and state, J.K. Murphy, Publisher ofthe GWINNETT DAILY POST, published at Lawrenceville, County of Gwinnett, State of Georgia, and being the official organ for the publication of legal advertisements for said county, who being duly sworn, states on oath that the report of
928-06589073
GEORGIA LAWS 2008 SESSION
4595
a true copy of which is hereto attached, was published in said newspaper on the following date (s):
Jan.27,Feb.3, 10,2008
J.K. Murphy, PUBLISHER
sf TODD CLINE By: Todd Cline Editor
Sworn to and subscribed before me this 28 day of Feb., 2008.
sf TINA L. PARTRIDGE Tina L. Partridge Notary Public My commission expires June 23, 2011
City of Berkeley Lake CITY COUNCIL CON SIDERATION OF HOME RULE ORDINANCE TO AMEND CHARTER to be held on Thursday, February 21st, 2008 7:30PM 4043 S Berkeley Lake Rd. Berkeley Lake, GA 30096-3016 Phone: 770-368-9484
Notice is hereby given that the City Council will consider for adoption a Home Rule Ordinance to amend Section 4.13(c) of the Charter of the City of Berkeley Lake to increase the maximum fine imposed by the municipal court for the punishment of offenses within its jurisdiction to $1,000.
A copy of the proposed amendment is on file with the City Clerk at City Hall, 4040 South Berkeley Lake Road, and on file with the Clerk of Court of the Gwinnett Superior Court for public inspection.
Filed in the Office of the Secretary of State March 10, 2008.
4596
MUNICIPAL HOME RULE ORDINANCES
CITY OF MACON- MACON PENSIONS AND RETIREMENT SYSTEMS; PRIOR SERVICE CREDIT.
Sponsors: Council Members Hill-Chambliss & Timley
COMMITTEE AMENDMENT
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MACON, GEORGIA TO AMEND ARTICLE II OF APPENDIX II OF THE CHARTER OF THE CITY OF MACON, RELATING TO THE MACON PENSIONS & RETIREMENT SYSTEMS, DIVISION A, SO AS TO ADD A NEW SECTION 2.2(a) TO AUTHORIZE CURRENT EMPLOYEES WHO ARE ACTIVE MEMBERS WHO TERMINATED THEIR EMPLOYMENT WITH THE CITY OF MACON AND WHO WERE SUBSEQUENTLY REHIRED BY THE CITY OF MACON OR WHO THOUGH EMPLOYED BY THE CITY OF MACON WERE EXCLUDED FOR A TIME TO RECOUP CREDIT FOR THEIR PAST SERVICE IN ANY POSITION FOR WHICH CREDIT IS NOW ALLOWED; AND FOR OTHER PURPOSES.
WHEREAS, in 1976 employees electing to receive past service credits, were allowed to pay within sixty (60) days into the pension fund the sum of money equal to the amount so determined by the retirement committee.
WHEREAS, in 1977 and 1985 and again in 2005 the Macon Fire and Police Employees Retirement System, former employees who were reemployed were allowed to apply and pay into the system an amount the system had refunded to such employee plus administrative costs to be determined by the Board and the employees were readmitted to the system with prior service credit in said system upon payment. In the 2001 buy back five percent (5%) interest was charged.
WHEREAS, there are City of Macon employees who desire to recoup credit for prior service with the City of Macon or whom were previously excluded from the plan although presently members.
NOW THEREFORE BE IT ORDAINED by the Mayor and Council of Macon, Georgia, and it is hereby so ordained by the authority of the same.
Section 1.
Article II of Appendix II of the Charter of the City of Macon, relating to the Macon Pensions & Retirement Systems (1972 Ga. Laws (Act No. 1155), page 3152) is amended pursuant to the authority granted the City of Macon under the Municipal Home Rule Act of 1965
GEORGIA LAWS 2008 SESSION
4597
(1965 Ga. Laws, p. 298, et seq., as amended, O.C.G.A. Sec. 36-35-1, et seq.) by adding a new Section 2.2(a) to read as follows:
"2.2(a) Recoupment of credit for prior service.
During a sixty day window beginning on the effective date of this charter amendment, any current employee who is an active member of the plan who previously terminated his/her employment with the City of Macon and then was subsequently re-hired by the City of Macon or who though employed by the City of Macon was excluded for a time, may recoup credit for past service in any position for which credit is now allowed by applying and paying into the system the amount equal to a sum determined by a calculation by the Committee and Actuary for such employee for his/her prior employment with the City of Macon, plus five percent (5%) interest, plus administrative costs as determined by the Committee.
The Employee shall make application and pay the total amount due in one lump sum within the sixty (60) day window period. No credit shall be recouped by the employee until such time as payment has been made in full.
Section 2.
The sections, paragraphs, sentences, clauses and phrase of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section ofthis Ordinance shall be declared illegal by the valid judgment or decree of any court of competent jurisdiction, such illegality shall not affect any ofthe remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance.
Section 3.
In accordance with Sec. l-4(c) of the Code of Ordinances of the City of Macon, Georgia, it is hereby ordained that the provisions of this Ordinance shall become and be made a part ofthe Code of Ordinances of the City of Macon, Georgia, and the sections of this Ordinance may be renumbered to accomplish such intention.
Section 4.
All ordinances or parts thereof in conflict with this Ordinance are hereby repealed.
SO ORDAINED this 19th day of February, 2008.
4598
MUNICIPAL HOME RULE ORDINANCES
s/ MIRIAM PARIS Miriam Paris, President of City Council
SO ADOPTED this 20th day of February, 2008.
s/ ROBERT A. B. REICHERT Robert A. B. Reichert, Mayor
SO ORDAINED this 4th day of March, 2008.
s/ MIRIAM PARIS Miriam Paris, President of City Council
SO ADOPTED this 5th day of March, 2008.
s/ ROBERT A. B. REICHERT Robert A. B. Reichert, Mayor
City of Macon, Ga. I do hereby certify that the above and foregoing Ordinance was duly passed at the Regular Meeting of the Council of the City of Macon, held 2-19-2008. Witness my hand and seal of the City of Macon this 2-20-2008.
s/ JOYCE R. HUMPHREY Clerk of Council
SUBMITTED TO MAYOR'S OFFICE February 20, 2008 RETURNED FROM MAYOR'S OFFICE February 21,2008 1:12pm
City of Macon, Ga. I do hereby certify that the above and foregoing Ordinance was duly passed at the Regular Meeting of the Council of the City of Macon, held 3-4-2008. Witness my hand and seal of the City of Macon this 3-5-2008.
s/ JOYCE R. HUMPHREY Clerk of Council
SUBMITTED TO MAYOR'S OFFICE March 5, 2008
GEORGIA LAWS 2008 SESSION
4599
RETURNED FROM MAYOR'S OFFICE March 5, 2008 5:40pm
CERTIFICATION
March 12, 2008
I, Joyce R. Humphrey, Clerk of the City Council of Macon, Georgia do hereby certify that the attached is a true and correct copy on file in the City Council Office of Ordinance Number 0-08-0008 so as to add a new Section 2.2(a) to authorize current employees who are active members who terminated their employment with the City of Macon and who were subsequently rehired by the City of Macon or who though employed by the City of Macon were excluded for a time to recoup credit for their past service in any position for which credit is now allowed.
Given under my hand and the seal of the City, this 12th day of March 2008.
s/ JOYCE R. HUMPHREY Joyce R. Humphrey Clerk of Council City of Macon, Georgia
[SEAL]
STATE OF GEORGIA COUNTY OF BIBB
Personally appeared before me, a notary public within and for above state and county, Teresa Godwin, who deposes and says she is the classified/legal supervisor for The Macon Telegraph and is duly authorized by the publisher thereof to make this affidavit, and that advertisement as follows has been published in The Macon Telegraph on the following dates:
02122/2008 02129/2008 03/03/2008
2635971 #GEORGIA, BIBB COUNTY PUBLIC NOTICE The City of Macon proposes to amend Article II of Appendix II of its Charter, relating to the Macon Pensions & Retirement Systems, Division A, so as to add a new section 2.2(a) to authorize current employees who are active members who terminated their employment with the City and who were subsequently rehired by the City or who though employed by the City were excluded for a time to recoup credit for their past service in any position for which credit is now allowed. The proposed Charter amendment is available for public inspection in the Office
4600
MUNICIPAL HOME RULE ORDINANCES
of the City Clerk and the Office of the Bibb County Superior Court Clerk. #2635971: 2/22,29; 3/3
SIGNED s/ Teresa Godwin
Sworn to and subscribed before me on this 03 day of MARCH 2008
Notary Public s/ KATHLEEN J. MILLER KATHLEENJ.MILLER NOTARY PUBLIC, BIBB COUNTY, GEORGIA My commission expires January 12,2010. [SEAL]
Filed in the Office of the Secretary of State March 18, 2008.
CITY OF LAFAYETTE- HOMESTEAD EXEMPTION; CITY PROPERTY TAXES.
ORDINANCE NO. 08-3
ORDINANCE OF THE CITY OF LAFAYETTE, GEORGIA
AN ORDINANCE OF THE CITY OF LAFAYETTE, GEORGIA, FOR THE PURPOSE OF AMENDING CHAPTER IV FINANCE AND FISCAL, ARTICLE I. TAXATION OF THE CHARTER OF THE CITY OF LAFAYETTE, GEORGIA (Ga.L. 1969, P. 2298) BY ADDING SECTION 4.23 THERETO REGARDING HOMESTEAD EXEMPTION TO CITY PROPERTY TAXES; TO REPEAL ORDINANCES IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES.
BE IT ORDAINED, by the Mayor and Council of the City of LaFayette, Georgia, and the Mayor and Council of the City of LaFayette, Georgia, hereby ordains as follows, to-wit:
Pursuant to The Municipal Home Rule Act of 1965, as amended, O.C.G.A. 36-35-3 of said Act, as amended, the Charter of the City of LaFayette, Georgia (Ga.L. 1969, p. 2298) is amended as follows, to-wit:
I. By adding thereto the following Section 4.23 , to-wit:
GEORGIA LAWS 2008 SESSION
4601
"Section 4.23. Homestead Exemption to City Property Taxes.
"The Mayor and Council may provide by ordinance a homestead exemption to the property tax levied by the City."
2. (a) All other ordinances or parts of ordinances heretofore enacted by the City of LaFayette, Georgia, in conflict herewith are hereby repealed.
(b) This ordinance shall become effective upon its being adopted at two consecutive meetings of the Mayor and Council of the City of LaFayette, Georgia.
SO ORDAINED AND ADOPTED AT A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE CITY OF LAFAYETTE, GEORGIA, ON THE II th DAY OF FEBRUARY, 2008 ..
CITY OF LAFAYETTE, GEORGIA
BY: s/ H. NEAL FLORENCE NEAL FLORENCE MAYOR
ATTEST: s/ BRENDA ANDERSON BRENDA ANDERSON CITY CLERK
SO ORDAINED AND ADOPTED AT A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE CITY OF LAFAYETTE, GEORGIA, ON THE lOTH DAY OF MARCH, 2008.
CITY OF LAFAYETTE, GEORGIA
BY: s/ H. NEAL FLORENCE NEAL FLORENCE MAYOR
ATTEST: s/ BRENDA ANDERSON ANDERSON CITY CLERK
4602
MUNICIPAL HOME RULE ORDINANCES
CERTIFICATE I, Brenda Anderson, the duly appointed and acting Clerk of the City of LaFayette, Georgia, do hereby certify that the attached copy of Ordinance 08-3 adopted on February II, 2008, and March I0, 2008, is a true and correct copy related to the matters set forth in said attached copy of said Ordinance, and said Ordinance has not been amended or modified.
In testimony whereof, I have hereunto set my hand and affixed the Seal of the City of LaFayette, Georgia, this 27th day of March, 2008.
sf BRENDA ANDERSON Brenda Anderson Clerk City of LaFayette, Georgia
AFFIDAVIT OF PUBLICATION
State of Georgia }S.S. County of Walker }
I Don Stilwell do solemnly swear that I am the Publisher of THE WALKER COUNTY MESSENGER, printed and published at LaFayette in the State of Georgia, and that from my personal knowledge and reference to files of said publication the advertisement of legal#WM065 notice was inserted in THE WALKER COUNTY MESSENGER in space of legal notices on dates as follows: January II, 2008 January 18, 2008 January 25, 2008 Subscribed and sworn to before me.
sf D.M. STILWELL
This 28 day of Jan. 2008
sf ANGIE CLARK Notary Public ANGIE CLARK Notary Public, Georgia WALKER COUNTY My Commission Expires Dec. 4, 2009 (SEAL)
GEORGIA LAWS 2008 SESSION
WM065 NOTICE
4603
Pursuant to 36-35-3 ofthe Official Code of Georgia Annotated, as amended, notice is hereby given that the Mayor and Council of the City of LaFayette, Georgia by Ordinance intends to amend CHAPTER IV FINANCE AND FISCAL, ARTICLE I. TAXATION, of the Charter ofthe City of LaFayette, Georgia, (Ga.L. 1969, p. 2298, as amended) by adding Section 4.23 thereto and providing that the Mayor and Council may provide by ordinance a homestead exemption to the property tax levied by the City. A copy of the proposed Ordinance amending the Charter is on file in the Office of the Clerk of Superior Court of Walker County, Georgia, for the purpose of examination and inspection by the public. This 12th day of December, 2007. BRENDA ANDERSON CLERK, COUNTY OF LAFAYETTE, GEORGIA wml/11,18,25
Filed in the Office of the Secretary of State April!, 2008.
CITY OF ATLANTA- RESTRICTED GENERAL FUND RESERVES.
CITY COUNCIL ATLANTA, GEORGIA
AN ORDINANCE AND CHARTER AMENDMENT BY: COUNCILMEMBER HOWARD SHOOK, COUNCILMEMBER KWANZA HALL COUNCLMEMBER JIM MADDOX COUNCILMEMBER FELICIA MOORE COUNCILMEMBER CLAIR MULLER COUNCILMEMBER CLETA WINSLOW
AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF ATLANTA ADOPTED UNDER AND BY VIRTUE OF THE MUNICIPAL HOME RULE ACT OF 1965(GA Laws 1965, P. 298, et. seq.) AS AMENDED TO AMEND PART 1, SUBPART A, ARTICLE VI, CHAPTER 3,SECTION 6-304 OF THE CHARTER OF THE CITY OF ATLANTA, GEORGIA (GA Laws 1996, P 4469, et. seq.) APPROVED APRIL 15, 1996, AS
4604
MUNICIPAL HOME RULE ORDINANCES
AMENDED, SO AS TO ADD A REQUIREMENT THAT RESTRICTED GENERAL FUND RESERVES BE MAINTAINED, CARRIED OVER, AND ADDED TO FROM ONE YEAR TO THE NEXT; AND SO AS TO REQUIRE THAT TRANSFERS FROM THE RESTRICTED GENERAL FUND RESERVES TO GENERAL FUND OPERATING ACCOUNTS RECEIVE APPROVAL FROM THE FINANCE COMMITTEE OR EQUIVALENT COMMITTEE OF THE GOVERNING BODY PRIOR TO CONSIDERATION BY THE GOVERNING BODY; AND FOR OTHER PURPOSES.
WHEREAS, the City Council Adopted and the Mayor approved Charter Amendment Ordinance 02-0-0186 March 4, 2002 and March 12, 2002 respectively; and
WHEREAS, Charter Amendment Ordinance 02-0-0186 added the requirement establishing a General Fund Restricted Reserve equal to 5% ofthe proposed annual General Fund Budget; and
WHEREAS, the Mayor and City Council desire to strengthen the City's financial standing and ability to manage during times of financial stress; and
WHEREAS, further restriction of the General Fund Restricted Reserve will strengthen the City's financial standing and ability to manage during periods of financial stress.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ATLANTA, GEORGIA AS FOLLOWS:
SECTION 1: That Part 1, Subpart A, Article VI, Chapter 3, Section 6-302 be amended by adding an additional subsection, such that the amended Section 6-302 shall read as follows:
Section 6-302. Adoption of budget.
(a) At the first Council meeting in February of each year, beginning in 2007, each Council member may submit his/her budget priorities for the coming year. Such priorities shall be referred to the Finance/Executive Committee, which shall submit these priorities in the form of a resolution to be adopted by the Council no later than the second Council meeting in February. The Mayor, in conjunction with the Chief Financial Officer, may take these priorities into consideration in the preparation of the tentative budget.
GEORGIA LAWS 2008 SESSION
4605
(b) The mayor shall prepare and submit the proposed annual budget ordinance to the governing body no later than the first regular meeting of the governing body in May, preceding the commencement of the fiscal year.
(c) Commencing with the fiscal year 2009 Budget, Restricted Reserves balances from the previous year shall be a part of the fund balance for the upcoming year; five percent of the increased difference of the proposed budget shall be added to the overall Restricted Reserves balance.
(d) The governing body shall hold one or more public hearings on the proposed budget as required by the laws of Georgia, notice of which shall be published in a newspaper of general circulation in the city at least seven days prior to the date set therefor.
(e) The governing body may amend the proposed annual budget, except that the budget as finally amended must provide for all expenditures required by law or by this Charter, including but not limited to debt service, sinking fund, interest on bonded indebtedness and a general fund restricted reserve equal to five percent of the proposed general fund budget which sums shall not be diverted to any other purpose and the total appropriations from any such fund shall not exceed the estimated fund balance, reserves, and revenues constituting the fund availability of such fund.
(f) The governing body shall by ordinance adopt the annual budget for the ensuing fiscal year not later than June, preceding the commencement of the fiscal year.
(g) For the expanded fiscal year that shall encompass January I, 2006 and end June 30, 2007, the governing body shall by ordinance adopt not later than last meeting in December 2005 an eighteen-month budget to set forth appropriations for January I, 2006 through June 30, 2007 and shall by ordinance adopt the necessary additional appropriation of funds or reductions in appropriations, but only for those funds and in those account centers where variances occur between projected figures and actual costs.
1996 Ga. L. (Act No. I0 19), p. 4469; Ord. No. 1998-58, I, 9-17 -98; Ord. No. 2002-17, 3-12-02; Ord. No. 2005-09, I, 2-16-05; Ord. No. 2005-84, I, 11-22-05)
SECTION 2: That Part I, Subpart A, Article VI, Chapter 3, Section 6-304 be amended by adding an additional subsection (d), such that the amended Section 6-304 shall read as follows:
4606
MUNICIPAL HOME RULE ORDINANCES
Section 6-304. Budget amendments.
(a) With the exception ofbudgeted contracts pertaining to the agencies under the jurisdiction of the other standing committees, the finance committee or equivalent committee of the governing body shall approve or disapprove all measures to expend money prior to their consideration by the governing body, provided that upon the committee's failure to report thereon by the second regular meeting of the governing body following a reference to the committee, the governing body may act on such measures without such report.
(b) The finance committee or equivalent committee of the governing body shall approve or disapprove measures pertaining to the intradepartmental transfer of appropriations from one line item account to another line item account in the operating funds of the city prior to their consideration by the governing body, provided, however, the governing body shall not transfer to any other department funds that have been set aside for debt service, including sinking fund and interest on bonded indebtedness, general fund restricted reserves, and any other appropriations required by law or for the deficit of the prior year.
(c) Intradepartmental transfers of appropriations from one line item account to another line item account in the operating funds, the working capital fund, and the grant funds of the city may be made upon unanimous approval of the chairperson of the finance committee or equivalent committee ofthe governing body, the head or director of the department affected, the chief financial officer, and the chief operating officer. When the decision to transfer intradepartmental funds is not unanimous, such transfers shall be submitted to the governing body by the chairperson of the finance or equivalent committee of the governing body for approval or disapproval. The chairperson of the finance or equivalent committee of the governing body and the chieffinancial officer are jointly authorized to transfer appropriation surpluses, as the same may occur, from line accounts in the various departments of the operating funds, the working capital fund, and the grant funds of the city. Copies of any transfers shall be tiled with the municipal clerk at the next regular meeting of the governing authority after said transfer of appropriations or appropriation surplus is made. The clerk shall enter such transfers in the minutes of such meeting and announce to the members ofthe governing body that such transfers have been made. The provisions of this subsection shall apply to the transfer of surplus funds from salary accounts.
(d) The finance committee or equivalent committee of the governing body shall approve or disapprove measures pertaining to the interdepartmental transfer of appropriations from the general fund restricted reserve to any line item operating funds account of the city prior to their consideration by the governing body.
GEORGIA LAWS 2008 SESSION
4607
Section 3: 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 4: That all ordinances and parts of ordinance in conflict herewith are hereby repealed.
ADOPTED as amended by the Council MAR 17, 2008
APPROVED by the Mayor
MAR 25, 2008
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 6-302. (Entitled "Adoption of budget ") and Section 6-304 (Entitled "Budget amendments ")of the Charter of the City of Atlanta, Georgia (1996 Ga. L. (Act No. 1019), p. 4469, et. seq.) as amended, so as to add a requirement that restricted general fund reserves be maintained, carried over, and added to from one year to the next; and so as to require that transfers from the restricted general fund reserves to general fund operating accounts receive approval from the finance committee or equivalent committee of the governing body prior to consideration by the governing body.
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 ________, 2008
Rhonda Dauphin Johnson Municipal Clerk City of Atlanta
4608
MUNICIPAL HOME RULE ORDINANCES
PUBLISHER'S AFFIDAVIT
STATE OF GEORGIA COUNTY OF FULTON
ANNETTE TYSON, 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 ofthis affidavit appeared in The Atlanta Journal-Constitution on the following date(s): FEBRUARY 28, 2008. MARCH 6, 13, 2008.
SWORN TO AND SUBSCRIBED BEFORE ME,
THIS 19TH DAY OF MARCH 2008
sf KETRA L. SMITH (NOTARY SIGNATURE) MY COMMISSION EXPIRES MAY 19, 2009
(PUBLIC NOTICE)
NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA, GEORGIA
Notice is hereby given that an Ordinance (08-0-0351) has been introduced to amend Section 6-302. (Entitled "Adoption of budget") and Section 6-304 (Entitled "Budget amendments") of the Charter of the City of Atlanta, Georgia (1996 Ga. L. (Act No. 1019), P. 4469, et. seq.), as amended, so as to add a requirement that restricted general fund reserves be maintained, carried over, and added to from one year to the next; and so as to require that transfers from the restricted general fund reserves to general fund operating accounts receive approval from the finance committee or equivalent committee of the governing body prior to consideration by the governing body. 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 21st day of February, 2008. Rhonda Dauphin Johnson MUNICIPAL CLERK, CMC
GEORGIA LAWS 2008 SESSION PUBLISHER'S AFFIDAVIT
4609
STATE OF GEORGIA COUNTY OF FULTON Re: 971141
Before me, the undersigned, a Notary Public, this day personally came Monique Bussey who, being duly sworn, according to law, says she is an agent ofthe 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:
02/28/2008, 03/06/2008, 03/13/2008
s/ MONIQUE BUSSEY Monique Bussey (Agent)
s/ KA WEEMAH MOSLEY Kaweemah Mosley (Notary Public) Subscribed and sworn to before me this 13th of March, 2008. (SEAL)
PUBLIC NOTICE
NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA, GEORGIA
Notice is hereby given that an Ordinance (08-0-0351) has been introduced to amend Section 6-302. (Entitled "Adoption of budget") and Section 6-304 (Entitled "Budget amendments") of the Charter of the City of Atlanta, Georgia (1996 Ga. L. (Act No. 1019), P. 4469, et. seq.), as amended, so as to add a requirement that restricted general fund reserves be maintained, carried over, and added to from one year to the next; and so as to require that transfers from the restricted general fund reserves to general fund operating accounts receive approval from the finance committee or equivalent committee of the governing body prior to consideration by the governing body.
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 21st day of February, 2008.
4610
MUNICIPAL HOME RULE ORDINANCES
PUBLISHER'S AFFIDAVIT
STATE OF GEORGIA COUNTY OF DEKALB
Personally appeared before me, the undersigned, a Notary Public within and for said county and state, Carolyn J. Glenn, Publisher of The Champion Newspaper, published at Decatur, County of DeKalb, State of Georgia, and being the official organ for the publication of legal advertisements for said county, who being duly sworn, states on oath that the report of PUBLIC NOTICES, ORDINANCE (08-0351) was published in said newspaper on the following date(s):
02/28/08,03/06/08,03/13/08
s/ CAROLYN JERNIGAN GLENN CAROLYN J. GLENN, PUBLISHER
Sworn to and subscribed before me this 03113/08.
s/ JACQUELINE BRYANT Notary Public My commission expires September 22, 20 I0 (SEAL)
PUBLIC NOTICE
Notice of Proposed Amendment to the Charter of the City of Atlanta, Georgia
Notice is hereby given that an Ordinance (08-0-0351) has been introduced to amend Section 6-302. (Entitled "Adoption of budget") and Section 6-304 (Entitled "Budget amendments") of the Charter of the City of Atlanta, Georgia (1996 Ga. L. (Act No. 1019), P. 4469, et. seq.), as amended, so as to add a requirement that restricted general fund reserves be maintained, carried over, and added to from one year to the next; and so as to require that transfers from the restricted general fund reserves to general fund operating accounts receive approval from the finance committee or equivalent committee of the governing body prior to consideration by the governing body.
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 2008 SESSION
4611
Given under my hand and seal ofthis office on this 21st day of February, 2008. Rhonda Dauphin Johnson Municipal Clerk, CMC
Filed in the Office of the Secretary of State April2, 2008.