Acts and resolutions of the General Assembly of the State of Georgia 2010, volume 2

ACTS AND RESOLUTIONS OF THE
GENERAL ASSEMBLY
OF THE STATE OF GEORGIA
2010
COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE
Volume Two

COMPILER'S NOTE
General Acts and Resolutions of the 2010 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 09-10 and the Appropriations Act for FY 10-11 will be found in the Volume One, Book Two Appendix. These two Acts have been separately placed in the Appendix in order to maintain the special formatting and unique characteristics of the underlying bills. Local and Special Acts and Resolutions will be found in Volume Two beginning at page 3501. Home rule actions by counties and consolidated governments and by municipalities filed in the Office of the Secretary of State between May 1, 2009 and May 30, 2010 are printed in Volume Two beginning at pages 4147 and 4203, respectively.
There are no numbered pages between page 1264, 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Annotated which they amend and the tabular index contains a list of Code sections which have been amended, enacted, or repealed.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 2010
TABLE OF CONTENTS
VOLUME ONE
Acts and Resolutions of General Application .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Resolutions of the General Assembly of the State of Georgia
Proposing Amendments to the Constitution of the State of Georgia. . . . . . . . . . 1257 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. . . . . . . . . . . . . . . . . . 4147 Municipal Home Rule Actions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4203
VOLUME THREE
Acts by Numbers-Page References. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1A Bills and Resolutions-Act Number References. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5A Index-Tabular.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9A Index-General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55A Population of Georgia Counties-Alphabetically. . . . . . . . . . . . . . . . . . . . . . . . . . . 136A Population of Georgia Counties-Numerically. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140A Population of Municipalities-Alphabetically. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145A Population of Municipalities-Numerically.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153A Population of Judicial Circuits.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161A Georgia Senate Districts, Alphabetically by County. . . . . . . . . . . . . . . . . . . . . . . . 166A Georgia Senators, Numerically by District. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168A Georgia House Districts, Alphabetically by County. . . . . . . . . . . . . . . . . . . . . . . . 172A Georgia Representatives, Numerically by District.. . . . . . . . . . . . . . . . . . . . . . . . . 174A Status of Referendum Elections.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184A Vetoes by the Governor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 407A State Auditor's Report on Funding of Retirement Bills. . . . . . . . . . . . . . . . . . . . . . 425A Legislative Services Committee and Staff.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 427A

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SOUTH GEORGIA REGIONAL INFORMATION TECHNOLOGY AUTHORITY REVISE DEFINITION; COMPOSITION, TERMS OF OFFICE, QUORUM, VOTING, AND POWERS; IMMUNITY.

No. 347 (House Bill No. 1010).

AN ACT

To amend an Act creating the South Georgia Regional Information Technology Authority, approved May 29, 2007 (Ga. L. 2007, p. 4336), as amended, so as to change certain provisions relating to a definition; to change certain provisions relating to composition, terms, quorum, and voting; to change certain provisions relating to powers of the authority; to change certain provisions relating to effects on powers of local governments; to change certain provisions relating to immunity; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating the South Georgia Regional Information Technology Authority, approved May 29, 2007 (Ga. L. 2007, p. 4336), is amended by revising paragraph (3) of subsection (a) of Section 1 as follows:
"(3) 'Project' means and includes the planning, design, acquisition, construction, and equipping of communication cables, sleeves, and systems for the distribution and sale of communication services to private and public users and consumers, including but not limited to broadband, Internet, cable television, and associated services to the state, counties, and municipalities within the territorial boundaries of Baker, Calhoun, Early, Miller, Mitchell, Seminole, and Terrell counties, and additions and improvements to and extensions of such facilities and the operation and maintenance of same."

SECTION 2. Said Act is further amended by revising subsections (b), (d), and (e) of Section 3 as follows:
"(b) The authority shall consist of 15 members as follows: (1) Two residents of Baker County appointed by the governing authority of Baker County; (2) Two residents of Calhoun County appointed by the governing authority of Calhoun County; (3) Two residents of Early County appointed by the governing authority of Early County; (4) Two residents of Miller County appointed by the governing authority of Miller County; (5) Two residents of Mitchell County appointed by the governing authority of Mitchell County;

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(5.1) Two residents of Seminole County appointed by the governing authority of Seminole County; (5.2) Two residents of Terrell County appointed by the governing authority of Terrell County; and (6) One appointed by the other members of the authority. Each member shall serve for a four-year term and until a successor is appointed and qualified, except for the members initially appointed as provided by this Act. The initial members appointed under paragraphs (1), (3), and (5) of this subsection shall serve for terms of four years each and until their successors are appointed and qualified. The initial members appointed under paragraphs (5.1) and (5.2) of this subsection shall serve for terms of four years each and until their successors are appointed and qualified. The initial members appointed under paragraphs (2), (4), and (6) of this subsection shall serve for terms of two years each and until their successors are appointed and qualified." "(d) A majority of the authority shall constitute a quorum, and any action may be taken by the authority upon the affirmative vote of a majority of a quorum of the members; provided, however, that the approval for the matters set forth in subsection (e) of this section shall require the affirmative vote of at least two-thirds of the members of the authority. No vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority. (e) The matters requiring the affirmative votes of two-thirds of the members for approval are as follows: (1) Amending the bylaws of the authority; (2) The purchase, sale, lease, exchange, or other disposition of real property; (3) To borrow money; or (4) Authorization of projects or undertakings as those terms are defined herein."

SECTION 3. Said Act is further amended by revising paragraph (3) of Section 4 as follows:
"(3) To acquire in its own name by purchase on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property, rights, or easements therein or franchises necessary or convenient for its corporate purposes, to use the same so long as its corporate existence shall continue, and to lease or make contracts with respect to the use of or to dispose of the same in any manner deemed by the board to be to the best advantage of the authority, the authority being under no obligation to accept and pay for any property condemned under this Act except from the funds provided to the authority under this Act; and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceedings as may be just to the authority and to the owners of the property to be condemned; and no property shall be acquired under the provisions of this Act upon which any lien or other encumbrance exists, unless at the time such property is so

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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 Baker, Calhoun, Early, Miller, Mitchell, Seminole, or Terrell County or in any municipality incorporated in any such county, the governing authority or body of such county or of any of such municipality or of the conservation district is hereby authorized to convey title to such lands to the authority upon payment for the credit of the general funds of such county or municipality the reasonable value of such lands. The authority shall have the nonexclusive right, easement, and franchise of laying communication cables along the highways in Baker, Calhoun, Early, Miller, Mitchell, Seminole, or Terrell County, or in the corporate limits of any municipality incorporated in any such county, without cost; provided, however, that the authority shall repair all damage done by the authority by reason thereof;"

SECTION 4. Said Act is further amended by revising paragraph (8) of Section 4 as follows:
"(8) To borrow money for any of its corporate purposes by the issuance of promissory notes, lease-purchase agreements, agreements with counties and other governmental bodies, and other contracts; and to provide for the payment of such debt;"

SECTION 5. Said Act is further amended by revising Section 31 as follows:
"SECTION 31. This Act does not in any way take from Baker, Calhoun, Early, Miller, Mitchell, Seminole, or Terrell County or any municipality located within any such county the power to own, operate, and maintain communications systems or issue revenue certificates as is provided by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the 'Revenue Bond Law.'"

SECTION 6. Said Act is further amended by revising Section 32 as follows:
"SECTION 32. The authority shall be immune and exempt from liability for torts and negligence to the same extent as Baker, Calhoun, Early, Miller, Mitchell, Seminole, and Terrell counties; and the officers, agents, and employees of the authority, when in the performance of the work of the authority, shall be immune and exempt from liability for torts and negligence to the same extent as employees of such counties."

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

3504

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 2010 session of the General Assembly of Georgia a bill to amend an Act creating the South Georgia Regional Information Technology Authority, approved May 29, 2007 (Ga. L. 2007, p. 4336), as amended; and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald Greene, who on oath deposes and says that he is the Representative from District 149 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 January 21, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

s/ GERALD GREENE Gerald Greene Representative, District 149

Sworn to and subscribed before me, this 27th day of January 2010.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2010 session of the General Assembly of Georgia a bill to amend an Act creating the South Georgia Regional Information Technology Authority, approved May 29, 2007 (Ga. L. 2007, p. 4336), as amended; and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald Greene, who on oath deposes and says that he is the Representative from District 149 and further deposes and says that the attached Notice of Intention to Introduce

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Local Legislation was published in the Miller County Liberal which is the official organ of Miller County on January 20, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

s/ GERALD GREENE Gerald Greene Representative, District 149

Sworn to and subscribed before me, this 27th day of January 2010.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2010 session of the General Assembly of Georgia a bill to amend an Act creating the South Georgia Regional Information Technology Authority, approved May 29, 2007 (Ga. L. 2007, p. 4336), as amended; and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald Greene, who on oath deposes and says that he is the Representative from District 149 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Donalsonville News which is the official organ of Seminole County on January 21, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

s/ GERALD GREENE Gerald Greene Representative, District 149

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Sworn to and subscribed before me, this 27th day of January 2010.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2010 session of the General Assembly of Georgia a bill to amend an Act creating the South Georgia Regional Information Technology Authority, approved May 29, 2007 (Ga. L. 2007, p. 4336), as amended; and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald Greene, who on oath deposes and says that he is the Representative from District 149 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Albany Herald which is the official organ of Calhoun County on January 20, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

s/ GERALD GREENE Gerald Greene Representative, District 149

Sworn to and subscribed before me, this 27th day of January 2010.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)

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Notice is given that there will be introduced at the regular 2010 session of the General Assembly of Georgia a bill to amend an Act creating the South Georgia Regional Information Technology Authority, approved May 29, 2007 (Ga. L. 2007, p. 4336), as amended; and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald Greene, who on oath deposes and says that he is the Representative from District 149 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Camilla Enterprise which is the official organ of Baker County on January 20, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

s/ GERALD GREENE Gerald Greene Representative, District 149

Sworn to and subscribed before me, this 27th day of January 2010.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2010 session of the General Assembly of Georgia a bill to amend an Act creating the South Georgia Regional Information Technology Authority, approved May 29, 2007 (Ga. L. 2007, p. 4336), as amended; and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald Greene, who on oath deposes and says that he is the Representative from District 149 and further deposes and says that the attached Notice of Intention to Introduce

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Local Legislation was published in the Camilla Enterprise which is the official organ of Mitchell County on January 20, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

s/ GERALD GREENE Gerald Greene Representative, District 149

Sworn to and subscribed before me, this 27th day of January 2010.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2010 session of the General Assembly of Georgia a bill to amend an Act creating the South Georgia Regional Information Technology Authority, approved May 29, 2007 (Ga. L. 2007, p. 4336), as amended; and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald Greene, who on oath deposes and says that he is the Representative from District 149 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Early County News which is the official organ of Early County on January 20, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

s/ GERALD GREENE Gerald Greene Representative, District 149

GEORGIA LAWS 2010 SESSION
Sworn to and subscribed before me, this 27th day of January 2010.
s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)

3509

Approved February 26, 2010.

__________

THOMAS COUNTY BOARD OF ELECTIONS AND REGISTRATION; CREATE.

No. 348 (House Bill No. 1025).

AN ACT

To create a board of elections and registration for Thomas County and provide for its powers and duties; to define certain terms; to provide for the composition of the board and the selection, qualification, and terms of its members; to provide for resignation, succession, and removal of members and for filling vacancies; to provide for oaths and privileges; to relieve certain boards and officers of certain powers and duties and provide for the transfer of certain items to the newly created board; to abolish a certain board and officers; to provide for meetings and procedures; to provide for the elections supervisor and the powers and duties of such elections supervisor; to provide for board employees and their compensation; to provide for expenditures of public funds for certain purposes; to provide for compensation of the members of the board of elections and registration; to provide for offices and equipment; to provide for contracts with certain municipalities; to provide for effective dates; 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 Thomas County Board of Elections and Registration. (2) 'Commissioners' means the Thomas County Board of Commissioners. (3) 'County' means Thomas County.

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(4) 'Election,' 'elector,' 'political party,' 'primary,' 'public office,' special election,' and 'special primary' shall have the same meanings as ascribed to those words by Code Section 21-2-2 of the O.C.G.A., unless otherwise clearly apparent from the text of this Act.

SECTION 2. Pursuant to subsection (b) of Code Section 21-2-40 of the O.C.G.A., there is created a board of elections and registration for Thomas County which shall have jurisdiction over the conduct of primaries and elections and the registration of electors in such county in accordance with the provisions of this Act. Such board shall be known as the Thomas County Board of Elections and Registration.

SECTION 3. (a) The board shall be composed of three members, each of whom shall be an elector of the county and who shall be appointed by the governing authority of the county. (b) The initial members of the board shall be appointed for terms of office beginning July 1, 2010. All members of the board shall be appointed by the Board of Commissioners of Thomas County. The commissioners shall designate one of the initial members to serve for a term ending on December 31, 2012; one of the initial members to serve a term ending on December 31, 2011, and one of the initial members to serve for a term ending on December 31, 2010, and until their successors are duly appointed and qualified. Upon the expiration of each term all subsequent terms shall be for a three-year period. Members of the board will be limited to two full terms. (c) No person who holds or qualifies as a candidate for elective public office shall be eligible to serve as a member of the board during the term of such office, and the position of any member of the board shall be deemed vacant upon such member's qualifying as a candidate for elective public office.

SECTION 4. (a) The appointment of each member shall be made by the commissioners 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 such member to the Secretary of State and shall 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. (b) If the commissioners do not certify in conformity with this Act an appointment to the board within 30 days after the beginning of a term of office or within 30 days after the creation of a vacancy in that office, then the judge of the Probate Court of Thomas County shall immediately fill that vacancy by making the appointment and shall certify it as provided

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in this section. Any person appointed to fill a vacancy shall serve out the unexpired term of office.

SECTION 5. Each member of the board shall be eligible to succeed himself or herself without limitation and shall have the right to resign at any time by giving written notice of his or her resignation to the governing authority of the county and to the clerk of the Superior Court of Thomas County. Each member shall be subject to removal from the board by the governing authority of the county at any time for cause after notice and hearing.

SECTION 6. Except as provided in subsection (b) of Section 4 of this Act, in the event a vacancy occurs in the office of any member of the board by removal, death, resignation, or otherwise, the commissioners shall appoint a successor for the remainder of the unexpired term. The clerk of the superior court shall be notified of interim appointments and record and certify such appointments in the same manner as the regular appointment of members.

SECTION 7. Before entering upon his or her duties, each member of the board shall take substantially the same oath as required by law for registrars. Each member of the board shall have the same privileges from arrest as registrars.

SECTION 8. On July 1, 2010, the elections superintendent of Thomas County and the board of registrars of Thomas County shall be relieved from all powers and duties to which the board of elections and registration succeeds by the provisions of this Act; and they shall deliver thereafter to the chairperson of the board, upon his or her written request, custody of all equipment, supplies, materials, books, papers, records, and facilities of every kind pertaining to such powers and duties. At such time, the board of registrars in Thomas County shall stand abolished.

SECTION 9. The board shall be authorized and empowered to organize itself, elect its officers, determine its procedural rules and regulations, adopt bylaws, specify the functions and duties of the elections supervisor, 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. Every year the board shall elect one of its members to serve as chairperson for a one-year term.

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SECTION 10. The board may hold regular meetings at the county courthouse or such other location as the board may prescribe. Any specially called meetings held pursuant to the bylaws adopted by the board shall be held only after notification of the time and place of the holding of such meeting has been communicated in writing to the elections supervisor, who shall provide public notice of the meeting as required by law. All meetings of the board of whatever kind shall be conducted pursuant to Chapter 14 of Title 50 of the O.C.G.A., relating to open meetings.

SECTION 11. There shall be a full-time elections supervisor to administer and supervise the conduct of elections and primaries and the registration of electors of the county. The board shall act within 60 days of its members taking office under this Act, or of the date of any vacancy in such position, to submit and recommend for the position one to three names of qualified individuals to the county manager, who shall hire an elections supervisor based on a job description drawn by the board. The county manager may either hire one of the candidates submitted and recommended by the board or the county manager may reject all the candidates submitted and recommended by the board and hire another qualified candidate. The elections supervisor shall be deemed a county department head and shall not be eligible to serve as a member of the board. The elections supervisor shall be considered a county employee for purposes of pay, benefits, sick leave, vacation, termination of employment, and other purposes. As a county department head, the elections supervisor shall be subject to direction, evaluation, and corrective action by the county manager.

SECTION 12. The elections supervisor shall be authorized to employ such full-time and part-time employees, including poll workers, as may be deemed necessary by the elections supervisor and as are approved in the annual budget adopted by the governing authority of the county. All such employees shall be considered county employees for purposes of pay, benefits, sick leave, vacation, and other purposes in accordance with policies adopted by the governing authority.

SECTION 13. With the consent of the governing authority of the county, the board of elections and registration shall be authorized to expend public funds for the purpose of distributing sample ballots, voter information booklets, and other material designed to inform and instruct adequately the electors of the county with regard to elections. No material distributed by the board shall contain or express, in any manner or form, any commentary or expression of opinion or request for support for any political issue or matter of political concern.

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SECTION 14. The compensation of the chairperson and other members of the board, the elections supervisor, clerical assistants, and other employees shall be as fixed by the governing authority of the county. Such compensation shall be paid from county funds.

SECTION 15. The commissioners shall provide the board and the elections supervisor with proper and suitable offices and equipment.

SECTION 16. The board shall have the authority to contract with any municipality located within Thomas County for the holding by the board of any primary or election to be conducted within the municipality; provided, however, that any such contract must be approved and ratified by the governing authority of the county.

SECTION 17. (a) For purposes of making initial appointments to the board, this Act shall become effective on the first day of the month following the month in which it is approved by the Governor or becomes law without such approval. (b) For all other purposes, this Act shall become effective on the first day of the second month following the month in which it is approved by the Governor or becomes law without such approval.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2010 session of the General Assembly of Georgia a bill to create a board of elections and registration for Thomas County and provide for its powers and duties; to define certain terms; to provide for the composition of the board and the selection, qualification, and terms of its members; to provide for resignation, succession, and removal of members and for filling vacancies; to provide for oaths and privileges; to relieve certain boards and officers of certain powers and duties and provide for the transfer of certain items to the newly created board; to abolish a certain board and officers; to provide for meetings and procedures; to provide for the elections supervisor and the powers and duties of such elections supervisor; to provide for board employees and their compensation; to provide for expenditures of public funds for certain purposes; to provide for compensation of the members of the board of elections and registration; to

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provide for offices and equipment; to provide for contracts with certain municipalities; to provide for effective dates; to repeal conflicting laws; and for other purposes.

This 12th day of January, 2010.

s/Mike Keown Representative Mike Keown District 173

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mike Keown, who on oath deposes and says that he is the Representative from District 173 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Thomasville Times-Enterprise which is the official organ of Thomas County on January 14, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

s/ MIKE KEOWN Mike Keown Representative, District 173

Sworn to and subscribed before me, this 26th day of January 2010.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)

Approved February 26, 2010.

__________

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FANNIN COUNTY FANNIN COUNTY WATER AUTHORITY; CREATE.

No. 350 (House Bill No. 1176).

AN ACT

To create the Fannin County Water Authority; to provide a short title; to define certain terms; to provide for membership, appointment, terms, cooperation, quorums, and officers of the authority; to provide for a director; to provide for purposes; to provide for powers; to limit the exercise of eminent domain by the authority; to provide for ordinance proposals; to provide for tax exemption; to provide for construction; to provide for cumulative nature of powers; 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 "Fannin County Water Authority Act."

SECTION 2. There is hereby created a body corporate and politic, to be known as the Fannin County Water Authority, which shall be a political subdivision of the State of Georgia and a public corporation, and by that name, style, and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The authority shall have perpetual existence and shall be deemed a governmental body within the meaning of the "Revenue Bond Law," Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, specifically under subparagraph (C) of paragraph (2) of Code Section 36-82-61.

SECTION 3. As used in this Act, the term:
(1) "Authority" means the Fannin County Water Authority created by Section 2 of this Act. (2) "City" means a municipal corporation located within Fannin County, Georgia. (3) "County" means the unincorporated areas of Fannin County, Georgia. (4) "Project" means the acquisition, construction, and equipping of a water system, sewer system, or combined water and sewer system and all property used or useful in connection therewith. (5) "Revenue bonds" and "bonds" mean revenue bonds, certificates, and other obligations of the authority, as defined and provided for in Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, the "Revenue Bond Law," and such type of

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

obligations may be issued by the authority under this Act and as authorized under said article. (6) "System" means any water system or sewer system or combined water and sewer system of the authority. (7) "Unified system" means the combined systems of any entity or city that might hereinafter elect to join with the authority.

SECTION 4. (a) The authority shall consist of seven voting members. The governing authority of the county shall appoint the members of the authority in the following manner:
(1) Three members shall be appointed by the chairperson of the Fannin County Board of Commissioners as follows:
(A) One member shall serve for a three-year term and serve as the initial chairperson of the authority. Thereafter, the chairperson of the authority shall be elected by a majority vote of the members of the authority; (B) One member shall serve a two-year term; and (C) One member shall serve a one-year term; (2) The Post One Commissioner shall appoint two members to the authority, one member to a two-year term and one member to a three-year term; and (3) The Post Two Commissioner shall appoint two members to the authority, one member to a two-year term and one member to a three-year term. As the term of each member of the authority expires, the appointment to the authority shall rest with the respective member of the board of commissioners. All appointments shall be appointed at a regular scheduled meeting of the board of commissioners. All succeeding terms shall be for a period of three years. The executive director of the Fannin County Development Authority shall serve as a nonvoting member of the authority. All members shall be residents of Fannin County, either in the unincorporated or incorporated areas of the county. No person initially appointed or his or her successors in office shall serve more than two consecutive terms. Any member of the board of commissioners may appoint himself or herself to the authority. (b) The authority may declare that any member missing three consecutive meetings of the authority has vacated his or her office. The authority may for good cause shown excuse any absence of an individual member so that it does not count toward this limit. If the authority declares an office vacated, it may request the appropriate member of the Fannin County Board of Commissioners to name a successor to serve the balance of that former member's term. Within 30 days of receiving such a request, a successor shall be appointed. Members of the authority shall be officers of the authority when performing the functions of those offices and shall not be deemed to be officers of the county or any other entity. (c) All members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties, including mileage reimbursed at the standard business mileage

GEORGIA LAWS 2010 SESSION

3517

rate as determined by the Internal Revenue Service and adopted by the authority for official travel outside of the county. (d) A quorum of the members of the authority shall be required to transact any business. Four members of the authority shall constitute a quorum. (e) After the first year, the authority shall elect a chairperson from its members to serve a one-year term. There shall be no limit to the number of terms, consecutive or otherwise, that a member may serve as the chairperson.

SECTION 5. The authority, in conjunction with the county, shall contract with an individual to serve as director to manage the system. The director shall not be a member of the authority. The director shall be a county employee, subject to the same hiring and firing criteria of any other county employee.

SECTION 6. Without limiting the generality of any provision of this Act, the general purposes of the authority are declared to be those of acquiring, constructing, equipping, maintaining, and operating adequate water supply, treatment, and distribution facilities and sewerage collection, treatment, and distribution facilities; making such facilities and services available to public and private consumers and users located in the county; and extending and improving such facilities as necessary.

SECTION 7. After holding a public hearing regarding and prior to entering into an operational agreement with any participating city to operate the system and subsequently entering into such an agreement, the authority shall have the following powers and duties:
(1) To have a seal and to alter same at its pleasure; (2) To operate a water and sewer system or systems including, but not limited to, a unified water or sewer system, or both, utilizing the systems and assets of the county and any city that elects to enter into a service agreement with the authority and to provide water and sewer services to all citizens and customers in the county and any cities that are participating and to citizens and customers in the political subdivision. It shall be the sole option of any city to enter into any such service agreement. The authority shall operate its system or systems in conformity with all applicable regulations, licenses, and permits and shall be liable to pay any fines or assessments resulting from failure to conform to same; (3) To acquire by purchase, lease, gift, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (4) To acquire real or personal property in its own name by purchase, lease, exchange, gift, or otherwise on such terms and conditions and in such a manner as it may deem proper, necessary, or convenient for its corporate purposes, to use the same so long as its corporate existence shall continue, to lease or make contracts the use of the same, or dispose of the

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

same in any manner it deems to the best advantage of the authority; and no property shall be acquired under the provisions of this Act upon which any lien or other encumbrance exists unless at the time such property is so acquired a sufficient sum of money shall be deposited in trust to pay and reduce the face value of such lien or encumbrance; (5) To appoint, select, and employ such officers, agents, and employees as shall be necessary in the judgment of the authority to accomplish the purposes of the authority, including accountants, auditors, attorneys, consulting engineers, and other professionals; to fix their respective compensation; and to provide for pension and retirement plans for these officers, agents, and employees; (6) To formulate and adopt an annual operating budget of all its revenues and expenses. On or before August 1 of each year, the authority shall submit its proposed budget to the county and the participating cities for their comments before its adoption by the authority; (7) 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 for 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; (8) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, as defined in this Act, and to pay the cost of the project 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 political subdivision, agency, or instrumentality thereof; (9) To borrow money for any of its corporate purposes and 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; (10) To exercise any power usually possessed by private corporations performing similar functions, including the power to make short-term loans and approve, execute, and deliver appropriate evidence of such indebtedness, provided no such power is in conflict with the Constitution or general laws of this state; (11) To enter into an operational agreement with the county and the participating cities detailing the power of the authority to operate any unified system and the rights of the county, any participating city, and the authority during the period of such operation. The term of such agreement shall not exceed 50 years; (12) To be liable for payment of all charges and expenses of operating any system or unified system and to receive all income from the operation of any system or unified system; (13) To prescribe, fix, and collect rates, fees, tolls, or charges and to revise from time to time and collect such rates, fees, tolls, or charges, provided that such rates, fees, tolls, or charges shall be calculated to cover only the cost of providing services; to provide capital

GEORGIA LAWS 2010 SESSION

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to expand facilities; to maintain, replace, or expand existing facilities; to provide a reasonable reserve for operations; to fund bond sinking funds; or to fund sinking funds for other debt of the county or the city incurred to provide capital portions of their water or sewer system. The authority shall not operate any system at a profit; (14) To accept grants of money, materials, or property of any kind from the United States of America or any agency or instrumentality thereof upon terms and conditions as the United States of America or such agency or instrumentality may impose; (15) To accept grants of money, materials, or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof upon terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may impose; (16) To accept grants of money, materials, or property of any kind from the city, the county, or any agency or instrumentality thereof upon terms and conditions as the city, county, or such agency or instrumentality may impose; (17) To accept grants of money, materials, or property of any kind from any other source, private or public, provided that such grant or gift is not encumbered with any terms or conditions; (18) To insure its interest and the interest of the county or any other entity with which it contracts in all assets leased or utilized by it; and (19) To do all things necessary or convenient to carry out the powers and duties expressly given in this Act.

SECTION 8. The authority shall have the authority to exercise any power of eminent domain; provided, however, any one acquisition shall not exceed 20 acres. Nothing in this section shall authorize the authority to exercise the power of eminent domain to obtain the water lines or resources owned by a city.

SECTION 9. The authority shall be charged with formulating a proposal for the standardization of county ordinances relating to water and sewer services. Such ordinances shall become effective only upon adoption by the governing authority of the county.

SECTION 10. The authority, or other entity 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 at one time, or from time to time, to borrow money for the purpose of paying all or any part of the cost of any one or more projects and to provide by resolution for issuance of revenue bonds for that purpose. The bonds of each issue shall be dated, 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

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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. The interest rate or rates to be borne by any bonds and the time of payment of such interest shall be fixed, and with respect to any interest rate which floats in response to a variable, the method of calculation shall be fixed by the authority in the resolution providing for the issuance of all bonds.

SECTION 11. The authority is authorized to provide by resolution for the issuance of 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 to refund any revenue bonds issued by the county, or the authority with respect to any facilities to be acquired by the authority from the county, or other political subdivision or authority.

SECTION 12. Any action to protect or enforce any rights under the provisions of this Act or any action against the authority shall be brought in the Superior Court of Fannin County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in such court, which shall have exclusive, original jurisdiction of such actions.

SECTION 13. Bonds of the authority shall be confirmed and validated in accordance with the procedure provided for in Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, the "Revenue Bond Law," as now or hereafter amended.

SECTION 14. 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 county and not for purposes of private or corporate benefit and income. Such properties and the authority shall be exempt from all taxes of any city, any county, the state, or any political subdivision thereof.

SECTION 15. This Act, being for the welfare of various political subdivisions of the state and its inhabitants, shall be liberally construed to effect the purposes thereof.

SECTION 16. This Act does not in any way take from the county the authority to own, operate, and maintain water, sanitary sewerage, and water pollution control facilities or to issue revenue bonds as provided by Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, the "Revenue Bond Law"; but the powers granted by this Act to the authority

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shall be in addition to and cumulative of all other powers now or hereafter given to any political subdivision of this state.

SECTION 17. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2010 session of the General Assembly of Georgia a bill to create the Fannin County Water Authority; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, David Ralston, who on oath deposes and says that he is the Representative from District 7 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the News Observer which is the official organ of Fannin County on February 2, 2010, 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 8th day of February 2010.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved April 7, 2010.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

CITY OF DAHLONEGA MAYOR AND COUNCIL; FILLING OF VACANCIES.

No. 354 (House Bill No. 1042).

AN ACT

To amend an Act entitled "An Act to create a new charter for the City of Dahlonega in the County of Lumpkin" approved April 12, 1982 (Ga. L. 1982, p. 4353), as amended, so as to provide for special elections to fill vacancies in the offices of mayor and city council; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act entitled "An Act to create a new charter for the City of Dahlonega in the County of Lumpkin" approved April 12, 1982 (Ga. L. 1982, p. 4353), as amended, is amended by revising Section 5.12 as follows:
"Section 5.12. Special Elections; Vacancies. In the event that a vacancy occurs in one or more elected offices of the city for any cause whatsoever, the mayor or the council, or those remaining, or, if none, any three or more citizens and voters of the city, shall order a special election to fill the balance of the unexpired term of such office or offices; provided, however, that if such vacancy occurs within 180 days of the expiration of the term of office of the mayor or any councilman, said vacancy in office shall be filled at such regular election, and in such event, no special election shall be held. In all other respects, special elections shall be conducted in accordance with the applicable provisions of this charter and the Georgia Election Code."

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 2010 session of the General Assembly of Georgia a bill to amend an Act entitled "An Act to create a new charter for the City of Dahlonega in the County of Lumpkin" approved April 12, 1982 (Ga. L. 1982, p. 4353), as amended; and for other purposes.
This 12th day of January, 2010

GEORGIA LAWS 2010 SESSION
Representative Amos Amerson District 9

3523

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 January 20, 2010, 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 1st day of February 2010.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)

Approved May 11, 2010.

__________

CITY OF FUNSTON MAYOR AND COUNCIL; ELECTION; TERMS OF OFFICE.

No. 355 (House Bill No. 1089).

AN ACT

To amend an Act providing a new charter for the City of Funston, approved April 17, 1975 (Ga. L. 1975, p. 4044), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4635), so as to provide for the election and terms of the mayor and councilmembers; to provide for submission for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.

3524

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act providing a new charter for the City of Funston, approved April 17, 1975 (Ga. L. 1975, p. 4044), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4635), is amended by revising Section 5.10 as follows:

"SECTION 5.10. Regular elections.

(a) The city council shall be made up of five council posts. At the time of qualification, each candidate for councilmember shall designate which post he or she is seeking. The first election under this section shall take place on the date of the general election in 2010 to elect councilmembers from council Posts 3, 4, and 5. Such councilmembers shall serve terms of three years and until their successors are duly elected and qualified. The election for mayor and councilmembers from council Posts 1 and 2 under this section shall be held on the Tuesday next following the first Monday in November, 2011, to serve terms of four years and until their successors are duly elected and qualified. Thereafter there shall be held an election on the Tuesday next following the first Monday in November of odd-numbered years to elect the successors of such officers whose terms expire in that year. Such officers shall serve terms of four years and until their successors are duly elected and qualified, beginning on the first day of January following their election. (b) The mayor and councilmembers serving on the effective date of this Act shall continue to serve the remainder of their terms and until their successors are duly elected and qualified."

SECTION 2. The governing authority of the City of Funston shall cause, through its legal counsel, this Act to be submitted for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended, within 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.

SECTION 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 2010 session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Funston,

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approved April 17, 1975 (Ga. L. 1975, p. 4044), as amended; to repeal conflicting laws; and for other purposes.

This 15th day of January, 2010.

Representative Jay Powell District 171

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jay Powell, who on oath deposes and says that he is the Representative from District 171 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Moultrie Observer which is the official organ of Colquitt County on January 27, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

s/ JAY POWELL Jay Powell Representative, District 171

Sworn to and subscribed before me, this 1st day of February 2010.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)

Approved May 11, 2010.

__________

3526

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

COLQUITT COUNTY COLQUITT COUNTY FAMILY CONNECTION COLLABORATIVE ON CHILDREN AND FAMILIES; MEMBERSHIP; QUORUM.

No. 356 (House Bill No. 1292).

AN ACT

To amend an Act to create the Colquitt County Family Connection Collaborative on Children and Families, approved April 13, 2001 (Ga. L. 2001, p. 4117), so as to change the membership; to change the quorum; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to create the Colquitt County Family Connection Collaborative on Children and Families, approved April 13, 2001 (Ga. L. 2001, p. 4117), is amended by revising Section 5 as follows:

"SECTION 5. Membership.

(a) The commission shall be composed of 35 members. Eleven members shall serve by virtue of their offices; provided, however, that in the event any such office becomes inactive or is abolished, the commission may reduce its membership and adjust the quorum accordingly. Three members shall be elected officials, one each from the Colquitt County Board of Commissioners, the City of Moultrie City Council, and the Colquitt County Board of Education. Twenty-one members shall be appointed from the community.
(b)(1) The following members shall serve by virtue of their offices: (A) The Colquitt County administrator; (B) The City of Moultrie city manager; (C) The superintendent of Colquitt County schools; (D) The director of the Colquitt County Public Health Department; (E) The director of the Colquitt County Department of Family and Children Services; (F) The director of the Colquitt County Department of Labor; (G) The director of the Southwest Georgia Community Action Council; (H) The president of the Moultrie-Colquitt County Chamber of Commerce or his or her designee; (I) The director of the Colquitt County United Way; (J) The director of the Moultrie Housing Authority; and (K) The president of Moultrie Technical College.

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(2) Members serving by virtue of their offices shall serve on the collaborative for the terms of the positions they hold and shall be replaced on the collaborative by their successors in these positions.
(c)(1)(A) One member shall be a member of the Colquitt County Board of Commissioners appointed by the board; (B) One member shall be a member of the City of Moultrie City Council appointed by the council; and (C) One member shall be a member of the Colquitt County Board of Education appointed by the board. (2) Elected officials shall serve on the collaborative for terms of two years and may be reappointed for additional terms by their respective boards. If an elected official's term of office as an elected official expires during his or her appointed term on the collaborative and the elected official is not reelected, then the appointing authority shall appoint another elected official to fill the unexpired term on the collaborative. (d)(1) Community members shall include one or more members appointed from executives in the business community in the county, one or more members appointed from the boards of civic organizations in the county, one or more members appointed from the boards of private social service providers in the county, one or more members appointed from the vulnerable neighborhoods in the county or consumers of social services, one or more members appointed from advocates for children and families in the county, and one or more members appointed from the faith community in the county. (2) The Colquitt County Board of Commissioners, the mayor and council of the City of Moultrie, and the Colquitt County Board of Education will each appoint seven community members as follows: (A) One family representative from a vulnerable neighborhood or who is a consumer of social services; (B) One executive from the Colquitt County business community; (C) One member from a local civic organization; (D) One citizen who is an advocate for children and families in Colquitt County; (E) Two representatives from a private or other social service provider or educational institution not otherwise included in the collaborative by virtue of their office; and (F) One representative from the youth or advocates for the youth of Colquitt County. (3) Of the community members first appointed, one-half shall be appointed for initial terms of one year and one-half shall be appointed for initial terms of two years. Successors to all such members and future successors shall be appointed for terms of two years. (e) Members of the collaborative shall receive no compensation for serving on the collaborative but may be reimbursed for actual and necessary expenses incurred by them in carrying out their official duties."

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 2. Said Act is further amended by revising Section 6 as follows:

"SECTION 6. Organization; meetings.

(a) The organizational meeting of the collaborative shall be called by the chairperson of the Colquitt County Board of Commissioners after all appointments to the collaborative have been made. At the organizational meeting, the collaborative shall adopt bylaws and elect from the collaborative membership a chairperson, vice chairperson, and secretary-treasurer. Except as otherwise provided in this Act, the terms of office of such officers and all other matters relating to the organization and rules of procedure of the collaborative shall be as specified in the bylaws of the collaborative. (b) One-third of the members of the collaborative shall constitute a quorum for the transaction of business. Every member shall vote except in the case of a conflict of interest. (c) The collaborative shall not meet less frequently than once every two calendar months and at other times on the call of the chairperson of the collaborative. In the absence of the chairperson, the vice chairperson may call a meeting of the collaborative and preside at such meeting. In the absence of the chairperson and vice chairperson, the secretary-treasurer may call a meeting of the collaborative and preside at such meeting. The chairperson or other officer of the collaborative authorized to call a meeting of the collaborative shall call other meetings upon written request of one or more members of the collaborative."

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 2010 session of the General Assembly of Georgia a bill to amend an Act to create the Colquitt County Family Connection Collaborative on Children and Families, approved April 13, 2001 (Ga. L. 2001, p. 4117), and for other purposes.
This 27th day of January, 2010.
Jay Powell Representative Jay Powell District 171

GEORGIA LAWS 2010 SESSION GEORGIA, FULTON COUNTY

3529

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jay Powell, who on oath deposes and says that he is the Representative from District 171 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Moultrie Observer which is the official organ of Colquitt County on February 24, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

s/ JAY POWELL Jay Powell Representative, District 171

Sworn to and subscribed before me, this 3rd day of March 2010.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)

Approved May 11, 2010.

__________

CITY OF ALMA CITY COUNCIL; DISTRICTS; ELECTIONS; TERMS OF OFFICE, ELIGIBILITY, AND QUALIFICATIONS.

No. 357 (House Bill No. 1362).

AN ACT

To amend an Act creating a new charter for the City of Alma, approved April 4, 1967 (Ga. L. 1967, p. 2643), as amended, particularly by an Act approved March 19, 1993 (Ga. L. 1993, p. 4127), an Act approved April 9, 1999 (Ga. L. 1999, p. 4124), and an Act approved May 30, 2003 (Ga. L. 2003, p. 3940), so as to change the description of the council districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for eligibility and qualifications; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes.

3530

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating a new charter for the City of Alma, approved April 4, 1967 (Ga. L. 1967, p. 2643), as amended, particularly by an Act approved March 19, 1993 (Ga. L. 1993, p. 4127), an Act approved April 9, 1999 (Ga. L. 1999, p. 4124), and an Act approved May 30, 2003 (Ga. L. 2003, p. 3940), is amended by striking Section 6.01 and inserting in lieu thereof the following:

"SECTION 6.01. Elections.

(a) The mayor and those members of the city council who are serving as such on the effective date of this Act, and any person selected to fill a vacancy in any such office, shall continue to serve as such mayor or members until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors. On and after the effective date of this Act, the governing authority of the City of Alma shall consist of five councilmembers all of whom shall be elected from council districts described in subsection (b) of this section and the mayor who is elected at large as provided in this Act. (b) For purposes of electing members of the city council, the City of Alma is divided into five council districts. One member of the city council shall be elected from each such district. The five council 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: alma2010p2 Plan Type: Local User: Gina Administrator: Alma. (c) When used in such attachment, the terms 'Tract' and 'BG' (Block Group) shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. The separate numeric designations in a Tract description which are underneath a 'BG' heading shall mean and describe individual Blocks within a Block Group as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. Any part of the City of Alma which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of the City of Alma 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.

GEORGIA LAWS 2010 SESSION

3531

(d)(1) The mayor and members of the city council from Council Districts 2 and 4 shall be elected at the general election on the Tuesday next following the first Monday in November, 2011. (2) The members of the city council from Council Districts 1, 3, and 5 shall be elected at the general election on the Tuesday next following the first Monday in November, 2013. (3) The mayor and members of the city council shall serve for terms of office of four years and until their respective successors are elected and qualified. (e) On and after the effective date of this Act, those members who represent Council Districts 1, 2, 3, 4, and 5 shall represent Council Districts 1, 2, 3, 4, and 5, respectively, as newly described under this Act. (f) No person shall be a member of the council 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. (g) In order to be elected as a member of the council from a council district, a person must have resided in the city for at least six months prior to the election and must receive a majority of the votes cast for that office in that district only and not at large. Only electors who are residents of that council district may vote for a member of the council for that district. At the time of qualifying for election as a member of the council from a council district, each candidate for such office shall specify the council district for which that person is a candidate. A person elected as a member of the council from a council district must continue to reside in that district during that person's term of office or that office shall thereupon become vacant. (h) The mayor may reside anywhere within the City of Alma and must receive a majority of the votes cast for such office in the entire city. The mayor must continue to reside within the City of Alma during that person's term of office or that office shall thereupon become vacant. A person must have resided in the city at least six months prior to election as mayor."

SECTION 2. Said Act is further amended by striking in its entirety the attachment to the Act approved May 30, 2003 (Ga. L. 2003, p. 3940), which was identified as Plan Name: almap3 Plan Type: Local User: Blake Administrator: Alma.

SECTION 3. It shall be the duty of the attorney of the City of Alma to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended.

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

3532

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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

Plan Name: alma2010p2 Plan Type: Local User: Gina Administrator: Alma

Redistricting Plan Components Report

District 001 Bacon County
Tract: 9702 BG: 1 1032 1033 1034 1035 1036 1037 1038 1039 1040 1049 1050 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1999 BG: 4 4000 4001 4002 4011 4012 4013 4014 4015 4016 BG: 5 5006

District 002 Bacon County
Tract: 9701 BG: 2 2077 2079 BG: 3 3029 Tract: 9702 BG: 5 That part of Block 5001 which lies east of Boggy Branch extended to 20th Street 5002 5003 5004 5005 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5054 5055 5999

District 003 Bacon County
Tract: 9702 BG: 1 1007 1009 1010 1011 1012 1025 1026 1027 1028 1029 1030 1031 1041 1048 1051 1052 1053 1054 BG: 3 3009

GEORGIA LAWS 2010 SESSION
BG: 4 4003 4004 4005 4006 4007 4008 4009 4010 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 BG: 5 5020 5021
District 004 Bacon County
Tract: 9702 BG: 1 1042 1043 1044 1045 1046 1047 1055 1056 1057 1058 1059 BG: 3 3000 3001 3002 3006 3007 3008 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3076 3077 BG: 4 4055 4056 4057 4058 4059 BG: 5 That part of Block 5001 which lies west of Boggy Branch extended to 20th Street 5022 5023 5024 5025 5026 5027 5028 5029 5030
District 005 Bacon County
Tract: 9702 BG: 1 1005 1006 1013 1014 1019 1020 1021 1022 1023 1024 1073 1074 1998 BG: 2 2121 2122 2126 2127 2129 2130 2131 BG: 3 3003 3004 3005 3024 3025 3026 3029 3030 3031 3036 3041 3042

3533

State of Georgia County of Bacon Notice of Intention to Introduce Local Legislation
Notice is given that there will be introduced at the regular 2010 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Alma,

3534

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

approved April 4, 1967 (Ga. L. 1967, p. 2643), as amended, so as to change the description of the council districts; to provide for reapportioning the council districts; to provide for continuation in office of current members; to provide for election and terms of office of subsequent 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 for related matters; to repeal conflicting laws; and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, 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 January 2, 2010, 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 25th day of February 2010.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)

Approved May 11, 2010.

__________

GEORGIA LAWS 2010 SESSION

3535

DADE COUNTY DADE COUNTY WATER AND SEWER AUTHORITY; COMPOSITION AND MANNER OF SELECTION OF MEMBERS OF THE AUTHORITY; TERMS OF OFFICE; FILLING VACANCIES; DUTIES.

No. 358 (House Bill No. 1468).

AN ACT

To amend an Act creating the Dade County Water and Sewer Authority, approved March 25, 1958 (Ga. L. 1958, p. 3260), as amended, so as to provide for the composition of the authority; to provide for the selection of members of the authority; to provide for the terms of office for members of the authority; to provide for vacancies; to provide for certain duties of the 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:

SECTION 1. An Act creating the Dade County Water and Sewer Authority, approved March 25, 1958 (Ga. L. 1958, p. 3260), as amended, is amended by revising Section 2 as follows:

"SECTION 2. (a) There is hereby created a body corporate and politic to be known as the Dade County Water and Sewer Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation, and by that name, style, and title, such body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The authority shall consist of five members who shall be appointed and serve as provided in this section. Other than the chairperson, the members of the authority shall hold no other public office during their terms as members of the authority. (b) The terms of the members of the authority in office on the effective date of this Act shall terminate on the effective date of this Act. (c) On the effective date of this Act, the chairperson/county executive of the governing authority of Dade County shall become the chairperson of the authority for a term that is concurrent with his or her term as chairperson/county executive. (d) On the effective date of this Act or as soon as practicable thereafter, the governing authority of Dade County shall appoint four members to serve on such authority. Each district commissioner shall nominate one person from such commissioner's district to serve on the authority, and the governing authority shall ratify such nominations by majority vote of the governing authority. Of the initial appointments by the governing authority under

3536

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

this subsection, one member shall serve an initial term of office beginning on the date of his or her appointment and ending December 31, 2011, and until a successor is appointed and qualified; one member shall serve an initial term of office beginning on the date of his or her appointment and ending December 31, 2012, and until a successor is appointed and qualified; one member shall serve an initial term of office beginning on the date of his or her appointment and ending December 31, 2013, and until a successor is appointed and qualified; and one member shall serve an initial term of office beginning on the date of his or her appointment and ending December 31, 2014, and until a successor is appointed and qualified. The governing authority in making such initial appointments shall specify which member of the authority shall serve which term of office. Thereafter, except for the chairperson, appointments shall be made not more than 60 days prior to the expiration of the term of office of a member of the authority by nomination by the district commissioner in whose district the member whose term is expiring resides and ratification by majority vote of the governing authority. Such successors to the initial members under this subsection shall serve terms of office of four years and until a successor is appointed and qualified. Except for the chairperson, members of the governing authority shall remain residents of the districts from which they were appointed during their terms of office or such offices shall be declared vacant. (e) The seat of any member of the authority, except for the chairperson, who is absent without being excused by the chairperson for two or more consecutive meetings of the authority shall be declared vacant. (f) Any member of the authority, except for the chairperson, may be removed from office for cause upon a majority vote of the governing authority of Dade County. (g) A vacancy on the authority, except for the chairperson, shall be filled for the remainder of the unexpired term of office by nomination by the district commissioner in whose district the member whose position is vacant resided and ratification by majority vote of the governing authority. (h) The members of the authority shall elect from among their number a vice chairperson and may elect a secretary and a treasurer who need not necessarily be members of the authority. Three members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all of the duties of the authority. The chairperson of the authority shall not be entitled to vote upon any issue, motion, question, or resolution except in case of a tie vote of the other members of the authority voting on such issue, motion, question, or resolution; provided, however, that three affirmative votes shall be required to transact any business of the authority. (i) The members of the authority shall receive such compensation for their services as may be provided by the Board of Commissioners of Dade County and all members 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. It shall have perpetual existence."

GEORGIA LAWS 2010 SESSION
SECTION 2. Said Act is further amended by adding a new section to read as follows:

3537

"SECTION 24A. (a) The authority shall have the duty and responsibility of ensuring that all fire hydrants connected to its water system are properly functioning at all times and have sufficient water pressure. (b) The authority shall be subject to the provisions of Chapter 14 of Title 50 of the O.C.G.A., relating to open and public meetings, and Article 4 of Chapter 18 of Title 50 of the O.C.G.A., relating to inspection of public records."

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 2010 regular session of the Georgia General Assembly a bill to amend the Act creating the Dade County Water an Sewer Authority, approved March 25, 1958 (Ga. L. 1958, p. 3260), as amended, so as to change the composition and manner of appointment of members of the authority, to change the duties of the authority; and for other purposes.
This 12th day of March, 2010.
Martin Scott
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Martin Scott, who on oath deposes and says that he is the Representative from District 2 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Dade County Sentinel which is the official organ of Dade County on March 17, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

3538

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
s/ MARTIN SCOTT Martin Scott Representative, District 2

Sworn to and subscribed before me, this 24th day of March, 2010.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)

Approved May 11, 2010.

__________

CITY OF LILBURN CORPORATE LIMITS; REFERENDUM.

No. 359 (Senate Bill No. 533).

AN ACT

To amend an Act creating a new charter for the City of Lilburn, approved August 25, 2002 (Ga. L. 2002, p. 4757), so as to change the corporate limits of the city; to provide for a referendum; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating a new charter for the City of Lilburn, approved August 25, 2002 (Ga. L. 2002, p. 4757), is amended by adding a new subsection to Section 1.11 to read as follows:
"(c) In addition to any territory lying within the corporate limits of the City of Lilburn, such corporate limits shall also include the following properties included in the tax parcels set forth below as those tax parcels exist on the tax rolls and the tax maps of Gwinnett County for the year 2010, and all of the public roadways and rights of way adjacent to those parcels, including railroad rights of way lying adjacent to those parcels or to public road ways adjacent to those parcels:

GEORGIA LAWS 2010 SESSION

Highway 29 & Kenvilla/Braden to City Limits

6-138-124

C-2

5835 Lawrenceville Hwy

6-138-028 6-138-029 6-144-004 6-144-035 6-145-001 6-145-285 6-145-379 6-138-195 6-138-054 6-138-053 6-138-052 6-138-001 6-138-162 6-137-024A 6-137-025b 6-137-173

C-2 C-2 OI OI OI R-75 R-75 R-75 R-75 OI C-2 C1-NBHD OI R-75 R-75 R-75

5785 Lawrenceville Hwy 5771 Lawrenceville Hwy 5755 Lawrenceville Hwy 5745 Lawrenceville Hwy 5705 Lawrenceville Hwy SR 008 (No Bldg.) SR 008 (No Bldg.) 5804 Lawrenceville Hwy 5804 Lawrenceville Hwy 5794 Lawrenceville Hwy 5784 Lawrenceville Hwy 5764 Lawrenceville Hwy 5732 Lawrenceville Hwy 268 Braden Dr 238 Braden Dr Braden Dr

6-137-025A 6-137-027 6-137-031 6-137-030 6-137-029 6-137-028

R-75 R-75 OI R-75 R-75 R-75

39 Braden 27 Harmony Grove Rd 9 Harmony Grove Rd 15 Harmony Grove Rd 17 Harmony Grove 21 Harmony Grove

Hwy 29 & Pleasant Hill

6-151-002

C1-NBHD

6-151-003

C-2

440 Pleasant Hill Rd 416 Pleasant Hill Rd

3539

3540

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

6-151-004 6-151-006 6-151-167 6-151-008 6-151-009 6-151-032 6-151-010 6-151-169 6-151-050 6-151-038 6-151-012 6-151-048 6-151-042 6-151-034 6-151-022 6-151-026 6-151-016 6-156-005A 6-156-021 6-156-160 6-156-164 6-156-044 6-151-024 6-151-030 6-131A-503 6-131A-395 6-131A-023

C-3 C-2 C-2 C-3 C1-NBHD C1-NBHD C1-NBHD C-2 C-2 C-2 C-2 C-2 C-2 C-2 C-2 C-2 C-2 C-2 C-2 C-2 C-2 C-2 C-2 C-2 C1-NBHD C1-NBHD C-2

406 Pleasant Hill Rd 396 Pleasant Hill Rd 3875 Hwy 29 3865 Hwy 29 3855 Hwy 29 3849 Old US 29 3835 Hwy 29 3767 Hwy 29 3747 Hwy 29 3571 Lawrenceville Hwy 0 Hwy 29 0 Ronald Reagan Pkwy 3685 Hwy 29 Sou 3675 Lawrenceville Hwy 3659 Hwy 29 3653 Hwy 29 3645 Hwy 29 S 725 Pleasant Hill Rd 735 Pleasant Hill Rd 743 Pleasant Hill Rd 733 Pleasant Hill Rd 675 Pleasant Hill Rd 3639 Hwy 29 3629 Hwy 29 3880 Hwy 29 3880 Hwy 29 3870 Lester Rd

6-131A-348 6-131A-349 6-131A-350 6-131A-127 6-131A-126 6-131A-125 6-131A-124 6-131A-123 6-131A-122 6-131A-121 6-131A-457 6-131A-118 6-131A-117 6-151-018 6-151-183 6-151-179 6-151-177 6-151-058 6-151-181 6-150-180 6-150-129 6-150-445 6-150-014 6-150-201 6-150-132 6-150-231 6-150-014 6-150-130

GEORGIA LAWS 2010 SESSION

OI R-75 R-75 R-75 R-75 R-75 OI R-75 R-75 OI R-75 R-75 R-75 C-2 C-2 C-2 C-2 C-2 C-2 C1-NBHD C-2 C-2 C-2 RMD RMD RMD C-2 C1-NBHD

336 Valley Rd 326 Valley Rd 316 Valley Rd 3774 Hwy 29 3764 Hwy 29 3754 Hwy 28 3744 Hwy 29 3740 Hwy 29 3734 Hwy 29 3724 Hwy 29 Hwy 29 NE 3704 Hwy 29 3684 Hwy 29 0 Hwy 29 470 Pleasant Hill Rd 480 Pleasant Hill Rd 490 Pleasant Hill Rd 510 Pleasant Hill Rd 0 Pleasant Hill Rd 0 Burns Rd 3826 Burns Rd 3826 Burns Rd 505 Pleasant Hill Rd 472 East Johns Rd 484 East Johns Rd 0 East Johns Rd 465 Pleasant Hill Rd 449 Pleasant Hill Rd

3541

3542

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Beaver Ruin to Burns

6-158-002

C1-NBHD

6-158-080

C1-NBHD

6-150-441

C2

6-150-013E

C2

6-149-019B R75

6-149-210

R75

6-149-019A R75

6-149-020

R75

6-149-021

R75

6-149-022

R75

6-149-016

R75

6-149-014

R75

6-149-013

R75

6-149-012

R75

6-149-010

R75

6-149-036

R75

6-149-038

R75

6-149-033

R75

6-149-032

R75

6-149-038

R75

6-149-039

R75

6-149-040

R75

6-149-041

R75

6-149-042

R75

6-149-044

R75

6-149-045

R75

614 Beaver Ruin Rd 614 Beaver Ruin Rd 0 Beaver Ruin Rd Beaver Ruin RD 583 Dogwood Dr 0 Jody La 4271 Jody La 4261 Jody La 0 Jody La 4241 Jody La 563 Dogwood Dr 533 Dogwood Dr 523 Dogwood Dr 513 Dogwood Dr 483 Dogwood Dr 562 Dogwood Dr 542 Dogwood Dr 4252 Jody La 0 Jody La 542 Dogwood Dr 542 Dogwood Dr 536 Dogwood Dr 532 Dogwood Dr 532 Dogwood Dr 492 Dogwood Dr 482 Dogwood Dr

6-149-047D 6-149-049C 6-149-049B 6-149-049A 6-149-068 6-149-050 6-149-067 6-149-051 6-149-066 6-149-064 6-149-052 6-149-054 6-149-063 6-149-062 6-149-061 6-149-055 6-149-056 6-149-057 6-149-058 6-149-059 6-150-013M 6-150-126 6-158-005B 6-158-005A 6-158-119 6-158-006A 6-158-116

GEORGIA LAWS 2010 SESSION

R75

462 Dogwood Dr

R75

469 Beaver Ruin Way

OI

0 Beaver Ruin Way

R75

479 Beaver Ruin Ct

R75

478 Beaver Ruin Ct

R75

489 Beaver Ruin Way

R75

488 Beaver Ruin Way

R75

499 Beaver Ruin Way

R75

4236 Beaver Ruin Ct

R75

4226 Beaver Ruin Ct

R75

509 Beaver Ruin Way

R75

519 Beaver Ruin Way

R75

4237 Beaver Ruin Cir

R75

4227 Beaver Ruin Cir

R75

4217 Beaver Ruin Ct

R75

4269 Beaver Ruin Cir

R75

4259 Beaver Ruin Cir

R75

4249 Beaver Ruin Cir

R75

4239 Beaver Ruin Cir

R75

4229 Beaver Ruin Ct

RZT

460 Beaver Ruin Rd

C2

450 Beaver Ruin Rd

C2

4362 Burns Rd

C2

4352 Burns Rd

C2

775 Beaver Ruin Rd

C2

0 Shady Dr

C2

754 Beaver Ruin Rd

3543

3544

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

6-158-061

C2

6-158-109

C2

6-158-005

C2

6-158-125

C2

6-158-110

C2

6-158-004

R75

6-158-015

C2

6-158-017

R75

6-158-003A C2

6-158-012

C2

6-158-011

C2

6-158-004A C2

6-158-004B C2

6-158-003

R75

6-158D-029

744 Beaver Ruin Rd 0 Beaver Ruin Rd 700 Beaver Ruin Rd 0 Burns Rd 4217 Walking La 4238 Walking La 4218 Walking La 4208 Walking Ln 0 Beaver Ruin Rd 725 Beaver Ruin Rd 715 Beaver Ruin Rd 695 Beaver Ruin Rd 675 Beaver Ruin Rd 655 Beaver Ruin Rd Beaver Ruin Rd"

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 of Gwinnett County who reside in the area proposed to be annexed into the City of Lilburn pursuant to Section 1 of this Act for approval or rejection. The election superintendent shall conduct that election on the date of the general primary in 2010 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 Shall the Act be approved which annexes certain territory into the corporate ( ) NO limits of the City of Lilburn?"
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, it shall become of full force and effect December 1, 2010. 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

GEORGIA LAWS 2010 SESSION

3545

this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Lilburn. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

SECTION 3. Except as 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. If this Act becomes effective, the clerk for the City of Lilburn shall immediately notify the Secretary of State's office of this Act's effectiveness. If this Act does not become effective, this Act shall automatically be repealed.

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 2010 session of the General assembly of Georgia a bill to amend an Act creating a new charter for the City of Lilburn so as to change the corporate limits of the city; and for other purposes.
This 9th day of March, 2010
-s- Steve Henson Honorable Steve Henson Senator District 41
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 Gwinnett Daily Post which is the official organ of Gwinnett County on March 11, 2010, and that the notice requirements of Code Section 28-1-14 have been met.
s/ STEVE HENSON Steve Henson Senator, District 41

3546

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Sworn to and subscribed before me, this 22nd day of March 2010.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)

Approved May 11, 2010.

__________

CITY OF FAYETTEVILLE REDEVELOPMENT POWERS; REFERENDUM.

No. 474 (House Bill No. 1075).

AN ACT

To authorize the City of Fayetteville 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 Fayetteville 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 Fayetteville 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 Fayetteville 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 Fayetteville shall call and conduct an election as

GEORGIA LAWS 2010 SESSION

3547

provided in this section for the purpose of submitting this Act to the electors of the City of Fayetteville for approval or rejection. The municipal election superintendent shall conduct that election on the date of the 2010 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 Fayette County. The ballot shall have written or printed thereon the words:

"( ) YES Shall the Act be approved which authorizes Fayetteville 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 Fayetteville. It shall be the municipal election superintendents duty to certify the result thereof to the Secretary of State.

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

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is hereby given that there will be introduced at the regular 2010 session of the Georgia General Assembly local legislation to empower the City of Fayteville to exercise redevelopment powers as permitted under the provisions of Article IX, Section II, Paragraph VII of the Georgia Constitution, as amended, and under the Redevelopment Powers Law, and for other purposes.
THIS, the 7th day of January, 2010.

3548

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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 January 12, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

s/ VIRGIL FLUDD Virgil Fludd Representative, District 66

Sworn to and subscribed before me, this 3rd day of February 2010.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)

Approved May 27, 2010.

__________

DEKALB COUNTY SPECIAL SERVICES TAX DISTRICTS; ADD DEFINITION; DECLINED GOVERNMENTAL SERVICES OPTION.

No. 475 (House Bill No. 1508).

AN ACT

To amend an Act to impose certain requirements and limitations upon ad valorem taxes levied by DeKalb County to finance the provision of certain governmental services, known and cited as the "DeKalb County Special Services Tax Districts Act," approved April 12, 1982 (Ga. L. 1982, p. 4396), as amended, so as to change the definition of district services; to provide a declined governmental services option; to provide for related matters; to provide for applicability; to provide for an effective date; to repeal conflicting laws; and for other purposes.

GEORGIA LAWS 2010 SESSION BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

3549

SECTION 1. An Act to impose certain requirements and limitations upon ad valorem taxes levied by DeKalb County to finance the provision of certain governmental services, known and cited as the "DeKalb County Special Services Tax Districts Act," approved April 12, 1982 (Ga. L. 1982, p. 4396), as amended, is amended in Section 2 by revising paragraph (4) and adding a new paragraph to read as follows:
"(4) 'District services' means the following governmental services provided by DeKalb County to DeKalb municipalities and unincorporated areas as defined in paragraphs (2) and (3) of Section 2 of this Act:
(A) Basic police services comprised of services performed by the uniform division, traffic unit, park patrol, criminal investigation division, and crime scene investigation unit of the DeKalb County police department; (B) Nonbasic police services comprised of services performed by the aerial support unit, SWAT team, bomb squad unit, intelligence and permits, K-9 division, gang task force, drug task force, and homeland security division (emergency management) of the DeKalb County police department; (C) Parks, recreational areas, programs, and facilities; and (D) Street and road maintenance, including the maintenance of curbs, sidewalks, streetlights, and devices to control the flow of traffic on streets and roads, or any combination thereof. (5) 'Declined governmental services' means any governmental service identified in paragraph (4) of this section that a DeKalb municipality specifically elects to exclude from district services by means of a fully executed, valid resolution of its governing body, which declined governmental service will no longer be performed by DeKalb County for that DeKalb municipality."

SECTION 2. Said Act is further amended by revising Section 4 as follows:

"SECTION 4. Special services tax districts. Each DeKalb municipality shall constitute a special services tax district composed of that portion of DeKalb County lying within the corporate limits of each respective DeKalb municipality, and the unincorporated areas shall constitute a special services tax district composed of all the unincorporated areas of DeKalb County. For the purposes of this Act, each such special services tax district shall be designated by the name of its respective DeKalb municipality, except for that portion of DeKalb County lying within the corporate limits of the City of Atlanta, which shall be designated 'Atlanta in DeKalb,' and the unincorporated area, which shall be designated 'DeKalb.'"

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 3. Said Act is further amended by adding a new section to read as follows:

"SECTION 6.1. Particularized millage rates for governmental services.

(a) Particularized millage rate. After the county determines the adjusted district services ad valorem tax millage rate for each DeKalb municipality as provided in Sections 5 and 6 of this Act, the county shall calculate a particularized millage rate applicable to each DeKalb municipality for each governmental service. The particularized millage rate shall be used to reduce a DeKalb municipality's adjusted district services ad valorem tax millage rate in the event such municipality declines governmental services. (b) Standardization for parks and roads governmental services. In determining a particularized millage rate for parks and roads governmental services, as defined in subparagraphs (C) and (D) of paragraph (4) of Section 2 of this Act, the county shall establish a standardized particularized millage rate so that annually each DeKalb municipality shall be subject to the same standardized particularized millage rates for parks and roads governmental services. The standardized particularized millage rates for parks and roads governmental services may fluctuate annually based on budgetary levels, but the rate charged to DeKalb municipalities shall not exceed the rate charged to DeKalb. (c) Calculation. The county shall calculate the particularized millage rate in the following manner: The county shall determine the total budgeted appropriations for district services for all special services tax districts and then divide the budgeted appropriations allocated to each governmental service by the total budgeted appropriations. Each resulting number shall be the percentage of appropriations allocated to each governmental service which shall then be multiplied by the adjusted district services ad valorem tax millage rate for each DeKalb municipality reflected in subsection (b.1) of Section 6 of this Act. The resulting numbers shall be the raw particularized millage rates. The county shall use the raw particularized millage rates for parks and roads governmental services to assist in establishing the standardized particularized millage rates for parks and roads governmental services. The county shall deduct the standardized particularized millage rates for parks and roads governmental services from the adjusted district services ad valorem tax millage rate for each DeKalb municipality and shall separate the resulting number into a particularized millage rate for each municipality for basic and nonbasic police services based on the proportion that the budgeted appropriation for each police service bears to the total police services budgeted appropriations. The particularized millage rates for each governmental service may fluctuate annually based on budgetary levels."

SECTION 4. Said Act is further amended by revising Section 9 as follows:

GEORGIA LAWS 2010 SESSION
"SECTION 9. Declined governmental services.

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Each DeKalb municipality comprising a special services tax district shall receive all district services and shall be subject to the adjusted district services ad valorem tax as calculated in Sections 5 and 6 of this Act, unless the governing body of a DeKalb municipality declines any governmental services as follows:
(1) Beginning with the year 2011, the governing body of any DeKalb municipality may decline to have DeKalb County perform any or all district services as defined by paragraph (4) of Section 2 of this Act by delivering to DeKalb County a fully executed, valid resolution of its governing body identifying the declined governmental services. Such DeKalb municipality resolution shall be delivered to the chief executive officer and each commissioner of DeKalb County, via certified United States mail or private delivery service, such as UPS or Federal Express, prior to 5:00 P.M. on or before September 30, 2010. If a fully executed, valid resolution is received by the chief executive officer and commissioners of DeKalb County in the manner required by this paragraph, then the county shall reduce that municipality's adjusted ad valorem tax millage rate for district services by the particularized millage rate of the declined governmental services, effective beginning January 1, 2011, and continuing thereafter from year to year unless modified in the manner provided in paragraph (2) of this section. (2) After January 1, 2011, if a DeKalb municipality chooses to decline a district service, whether alone or in addition to already declined district services, the governing body of such DeKalb municipality may deliver to DeKalb County a new resolution identifying any declined governmental services. Such DeKalb municipality resolution shall be delivered to the chief executive officer and each commissioner of DeKalb County, via certified United States mail or private delivery service, such as UPS or Federal Express, prior to 5:00 P.M. on or before June 30. In the event a fully executed, valid resolution is received by the chief executive officer and the commissioners of DeKalb County in the manner required by this paragraph, then in the new year following receipt of such resolution, the county shall reduce that municipality's adjusted ad valorem tax millage rate for district services by the particularized millage rate of the declined governmental services. (3) If any DeKalb municipality fails to enact a resolution in accordance with the requirements of paragraph (1) or (2) of this section, then the adjusted district services ad valorem tax for that DeKalb municipality shall be calculated in the manner set forth in Sections 5 and 6 of this Act. If the county ceases entirely to perform one of the district services identified in paragraph (4) of Section 2 of this Act, then each DeKalb municipality shall have its adjusted ad valorem tax millage rate for district services reduced by the particularized millage rate for that discontinued service. (4) If any DeKalb municipality enacts a resolution as provided in paragraph (1) or (2) of this section, DeKalb County shall provide no declined governmental services to that

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

DeKalb municipality unless and until DeKalb County agrees to restore a previously declined governmental service in the manner provided in paragraph (5) of this section. (5) The governing body of any DeKalb municipality may request that the county perform a previously declined governmental service by forwarding a written request to the chief executive officer and each commissioner of DeKalb County identifying with specificity the governmental service sought. The request shall be forwarded via certified United States mail or private delivery service, such as UPS or Federal Express, prior to 5:00 P.M. on or before June 30. The governing authority of DeKalb County may, in its sole discretion, decide whether it will provide the previously declined governmental service to the DeKalb municipality. The finance director shall forward the county's decision in writing to the mayor of the affected DeKalb municipality within 15 business days of the county making its decision, and the county shall make its decision within 90 days of receiving a DeKalb municipality's request. If the county agrees to provide the previously declined governmental service, the county shall begin providing the governmental service on January 1 of the new year following receipt of the resolution, and an increased adjusted ad valorem tax millage rate for district services shall be determined and levied in conformity with the applicable requirements of this Act."

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

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2010 session of the General Assembly of Georgia a bill to amend an Act to impose certain requirements and limitations upon ad valorem taxes levied by DeKalb County to finance the provision of certain governmental services, approved April 12, 1982 (Ga. L. 1982, p. 4396), as amended; and for other purposes.
This 29 day of March, 2010.
Keith A. Barker

GEORGIA LAWS 2010 SESSION GEORGIA, FULTON COUNTY

3553

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Stephanie Benfield, who on oath deposes and says that she is the Representative from District 85 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 April 2, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

s/ STEPHANIE BENFIELD Stephanie Benfield Representative, District 85

Sworn to and subscribed before me, this 12th day of April 2010.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)

Approved May 27, 2010.

__________

CITY OF HOGANSVILLE REDEVELOPMENT POWERS; REFERENDUM.

No. 476 (House Bill No. 1262).

AN ACT

To authorize the City of Hogansville 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.

3554

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. The City of Hogansville 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 Hogansville 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 Hogansville 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 Hogansville 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 Hogansville for approval or rejection. The municipal election superintendent shall conduct that election on the date of the 2010 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 Troup County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which authorizes Hogansville 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 Hogansville. It shall be the municipal election superintendents 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 2010 SESSION
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

3555

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
NOTICE IS GIVEN that there will be introduced at the regular 2010 Session of the General Assembly of Georgia a bill to allow the use of Tax Allocation Districts in the City of Hogansville, in the County of Troup.
This 4th day of February, 2010
Carl Von Epps Representative, District 128
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carl Von Epps, who on oath deposes and says that he is the Representative from District 128 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the LaGrange Daily News which is the official organ of Troup County on February 4, 2010, and that the notice requirements of Code Section 28-1-14 have been met.
s/ CARL VON EPPS Carl Von Epps Representative, District 128
Sworn to and subscribed before me, this 18th day of February 2010.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 27, 2010.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

CITY OF LAGRANGE REDEVELOPMENT POWERS; REFERENDUM.

No. 477 (House Bill No. 1212).

AN ACT

To authorize the City of LaGrange 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 LaGrange 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 LaGrange 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 LaGrange 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 LaGrange 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 LaGrange for approval or rejection. The municipal election superintendent shall conduct that election on the date of the 2010 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 Troup County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which authorizes the City of LaGrange to exercise redevelopment powers under the 'Redevelopment Powers Law,' as
( ) NO it may be amended from time to time?"

GEORGIA LAWS 2010 SESSION

3557

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 LaGrange. 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 2010 session of the General Assembly of Georgia a bill to authorize the governing authority of the City of LaGrange to exercise all redevelopment and other powers under Chapter 44 of Title 36 of the Official Code of Georgia, the "Redevelopment Powers Law," as amended.
This 4th day of February, 2010
Randy Nix Representative, District 69
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Randy Nix, who on oath deposes and says that he is the Representative from District 69 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the LaGrange Daily News which is the official organ of Troup County on February 4, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
s/ RANDY NIX Randy Nix Representative, District 69

Sworn to and subscribed before me, this 10th day of February 2010.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)

Approved May 27, 2010.

__________

TROUP COUNTY REDEVELOPMENT POWERS; REFERENDUM.

No. 478 (House Bill No. 1211).

AN ACT

To authorize Troup 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. Troup 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 Troup 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 Troup 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."

GEORGIA LAWS 2010 SESSION

3559

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Troup County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Troup County for approval or rejection. The election superintendent shall conduct that election on the date of the 2010 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 Troup County. The ballot shall have written or printed thereon the words:

"( ) YES Shall the Act be approved which authorizes Troup County to exercise redevelopment powers under the 'Redevelopment Powers Law,' as it may
( ) NO be amended from time to time?"
All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become of full force and effect immediately. If Section 1 of this Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Troup 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 2010 session of the General Assembly of Georgia a bill to authorize the governing authority of Troup County, Georgia (Troup County Board of Commissioners) to exercise all redevelopment and other powers under Chapter 44 of Title 36 of the Official Code of Georgia, the "Redevelopment Powers Law," as amended.
The 11th day of February, 2010

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Randy Nix Representative, 69th District

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Randy Nix, who on oath deposes and says that he is the Representative from District 69 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the LaGrange Daily News which is the official organ of Troup County on February 11, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

s/ RANDY NIX Randy Nix Representative, District 69

Sworn to and subscribed before me, this 16th day of February 2010.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)

Approved May 27, 2010.

__________

CITY OF MOUNTAIN PARK CITY COUNCIL; NUMBER OF MEMBERS; QUORUM; VOTES; FILLING OF VACANCIES.

No. 479 (House Bill No. 1403).

AN ACT

To amend an Act creating a new charter for the City of Mountain Park, approved March 30, 1982 (Ga. L. 1982, p. 3648), as amended, so as to change certain provisions relating to the number of councilmen; to clarify the manner by which a quorum is defined; to clarify the number of votes required for a motion, resolution, or ordinance to pass; to amend the manner in which vacancies in office are filled; to provide for related matters; to state legislative intent; to repeal conflicting laws; and for other purposes.

GEORGIA LAWS 2010 SESSION BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

3561

SECTION 1. An Act creating a new charter for the City of Mountain Park, approved March 30, 1982 (Ga. L. 1982, p. 3648), as amended, is amended by revising Section 2.10 as follows:

"Sec. 2.10. Creation and Composition; Number.

The corporate powers and the municipal government of the City of Mountain Park shall be vested in a mayor and city council. There shall be five members of the city council known as councilmen. The mayor and councilmen shall be elected for the terms of office, at the times, and in the manner provided by general law for the election of municipal officers."

SECTION 2. Said Act is further amended by revising subsection (a) of Section 2.12 as follows:
"(a) The office of mayor or councilman shall become vacant upon the incumbent's death, resignation, or removal from office as provided by Chapter 2 of Article VI of this charter. The office of mayor or councilman shall also be deemed vacant if the regular election called to fill such office fails to fill such seat; such seat shall be deemed vacant at the beginning of the term for which the regular election was called."

SECTION 3. Said Act is further amended by revising Section 2.33 as follows:

"Sec. 2.33. Quorum; Voting.

The mayor, or the mayor pro tempore during the absence or disability of the mayor, and three other councilmen shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be taken by voice vote and the yeas and nays shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote. The affirmative vote of three councilmen shall be required for the adoption of an ordinance, resolution, or motion except when the mayor votes to break a tie, and in that event the affirmative vote of the mayor and two councilmen shall be sufficient for the adoption of an ordinance, resolution, or motion."

SECTION 4. Said Act is further amended by revising Section 2.41 as follows:

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"Sec. 2.41. Emergency Ordinances.

To meet a public emergency affecting life, health, property, or public peace, the city council may adopt one or more emergency ordinances, but such ordinances may not levy taxes, grant, renew, or extend a franchise, regulate the rate charged by any public utility for its services, or authorize the borrowing of money except as provided by law. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 60 days following the date upon which it was adopted, but this repeal 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 5. Said Act is further amended by revising Section 4.37 as follows:

"Sec. 4.37. Capital Improvements Budget.

(a) On or before the date fixed by the city council but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed capital improvements budget with the mayor's recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have power to accept with or without amendments or reject the proposed program and proposed means of financing. The city council shall not authorize an expenditure for the construction of any building, structure, work or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency threatening the lives, health, or property of the inhabitants of the city. (b) The city council shall adopt the final capital improvements budget for the ensuing fiscal year within 60 days after the proposed budget is submitted to the council by the mayor. No appropriation provided for in the capital improvements budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned, but the mayor may submit amendments, accompanied by the mayor's recommendations thereon, to the capital improvements budget at any time during the fiscal

GEORGIA LAWS 2010 SESSION

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year. Any such amendments to the capital improvements budget shall become effective only upon the affirmative vote of the city council."

SECTION 6. Said Act is further amended by revising Chapter 1 of Article VI as follows:

"CHAPTER 1. GENERAL PROVISIONS.
Sec. 6.10. 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 6.11. Election of the City Council and Mayor.

(a) There shall be a municipal general election biennially in the odd years on the Tuesday next following the first Monday in November. (b) There shall be elected the mayor and two councilmen at one election and at alternating regular elections thereafter. The remaining city council seats shall be filled at the election alternating with the first election so that a continuing body is created. Terms shall be for four years.

Section 6.12. Nonpartisan Elections.

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

Section 6.13. Election by Plurality.

The person receiving a plurality of the votes cast for any city office shall be elected.

Section 6.14. 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."

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 7. The General Assembly hereby finds that there presently exist two vacant seats on the Mountain Park City Council. For purposes of this Act, the two currently existing vacant or unfilled seats shall be deemed the councilmen seats which are abolished by this Act. This Act shall not affect the right to office of the remaining five councilmen, who shall be entitled to serve the terms for which they were elected. Otherwise, the public welfare of the citizens of the City of Mountain Park demanding, 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.

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2010 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Mountain Park, approved March 30, 1982 (Ga. L. 1982, p.3648), as amended, so as to change certain provisions relating to the number of councilmen; to clarify the manner by which a quorum is defined; to clarify the number of votes required for a motion, resolution, or ordinance to pass; to amend the manner in which vacancies in office are filled; to provide for related matters; to state legislative intent; to repeal conflicting laws; and for other purposes.
This 11th day of February, 2010.
Representative Jan Jones District 46
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jan Jones, who on oath deposes and says that she is the Representative from District 46 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Daily Report which is the official organ of Fulton County on February 17, 2010, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JAN JONES Jan Jones Representative, District 46

GEORGIA LAWS 2010 SESSION
Sworn to and subscribed before me, this 15th day of March 2010.

3565

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)

Approved May 27, 2010.

__________

CLAYTON COUNTY FULL PARTICIPATION IN MARTA; ADVISORY REFERENDUM.

No. 480 (House Bill No. 1446).

AN ACT

To provide for the holding of a nonbinding referendum in Clayton County in conjunction with the 2010 general primary election on the question of whether Clayton County should become a full participant in MARTA (the Metropolitan Atlanta Rapid Transit Authority) and should levy a sales tax in support of MARTA and Clayton County's public transportation needs; to provide for related matters; to require submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Clayton County shall call and conduct an election on the date of the 2010 general primary election as provided in this section for the purpose of submitting to the electors of Clayton County a nonbinding referendum on the question of whether Clayton County should become a full participant in MARTA (the Metropolitan Atlanta Rapid Transit Authority) and should levy a sales tax in support of MARTA and Clayton County's public transportation needs. The election superintendent shall issue the call and conduct such election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Clayton County. The ballot shall have written or printed thereon the words:

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

"NONBINDING REFERENDUM ( ) YES Should Clayton County become a full participant in MARTA (the ( ) NO Metropolitan Atlanta Rapid Transit Authority) and levy a sales tax in
support of MARTA and Clayton County's public transportation needs?"
All persons desiring to vote in favor of full participation in MARTA shall vote "Yes," and all persons desiring to vote against full participation in MARTA shall vote "No." The election superintendent shall certify and publicize the results of the referendum. The expense of such election shall be borne by Clayton County.

SECTION 2. The provisions of this Act with respect to time are directory. If for any reason the referendum provided for in this Act is not held on the date of the 2010 general primary election, then such referendum shall be held in conjunction with the next county-wide election or primary conducted in Clayton County.

SECTION 3. The governing authority of Clayton 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 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 2010 session of the General Assembly of Georgia a bill to provide for the holding of a nonbinding referendum in Clayton County in conjunction with the 2010 general primary election on the question of whether Clayton County should become a full participant in MARTA (the Metropolitan Atlanta Rapid Transit Authority) and should levy a sales tax in support of MARTA and Clayton County's public transportation needs; to provide for related matters; to require submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; and for other purposes.
This 19th day of March, 2010.

GEORGIA LAWS 2010 SESSION
Representative Roberta Abdul-Salaam District 74

3567

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roberta Abdul-Salaam, who on oath deposes and says that she is the Representative from District 74 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Clayton News Daily which is the official organ of Clayton County on March 19, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

s/ ROBERTA ABDUL-SALAAM Roberta Abdul-Salaam Representative, District 74

Sworn to and subscribed before me, this 22nd day of March 2010.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)

Approved May 27, 2010.

__________

CITY OF KINGSLAND REDEVELOPMENT POWERS; REFERENDUM.

No. 508 (House Bill No. 1331).

AN ACT

To authorize the City of Kingsland 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.

3568

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. The City of Kingsland 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 Kingsland 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 Kingsland 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 Kingsland 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 Kingsland for approval or rejection. The municipal election superintendent shall conduct that election on the Tuesday after the first Monday in November, 2010, 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 Camden County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which authorizes Kingsland 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 Kingsland. It shall be the municipal election superintendents 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 2010 SESSION
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

3569

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2010 session of the General Assembly of Georgia a bill to authorize the City of Kingsland to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; and for other purposes.
This 1st day of March, 2010.
Representative Cecily Hill District 180
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Cecily Hill, who on oath deposes and says that she is the Representative from District 180 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Tribune & Georgian which is the official organ of Camden County on March 5, 2010, and that the notice requirements of Code Section 28-1-14 have been met.
s/ CECILY HILL Cecily Hill Representative, District 180
Sworn to and subscribed before me, this 9th day of March 2010.
s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)
Approved May 28, 2010.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
LOWER CHATTAHOOCHEE REGIONAL AIRPORT AUTHORITY MEMBERSHIP; REMOVE CALHOUN COUNTY.

No. 509 (House Bill No. 1330).

AN ACT

To amend an Act to create the Lower Chattahoochee Regional Airport Authority, approved May 5, 2006 (Ga. L. 2006, p. 4422), so as to remove Calhoun County from membership in such authority; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to create the Lower Chattahoochee Regional Airport Authority, approved May 5, 2006 (Ga. L. 2006, p. 4422), is amended by revising Section 2 as follows:

"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 Clay, Quitman, and Randolph Counties. There is the need for adequate airports safely and efficiently to serve the air transportation needs of this state and Clay, Quitman, and Randolph Counties, the need to eliminate airport hazards, and the need to raise capital for the establishment, operation, and maintenance of present and future airports. The General Assembly further determines and finds that the establishment of an authority is necessary and essential to ensure the welfare, safety, and convenience of citizens of the region and the entire state and to ensure the proper economic development of the region and the entire state."

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

"SECTION 3. Lower Chattahoochee Regional Airport Authority.

(a) There is created a body corporate and politic, to be known as the 'Lower Chattahoochee Regional Airport Authority,' which shall be deemed to be a political subdivision 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.

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(b) The authority shall consist of seven members who shall be residents of Clay, Quitman, and Randolph Counties. Two of the members shall be appointed by the governing authority of Clay County for terms of office of four years each. Two of the members shall be appointed by the governing authority of Quitman County for terms of office of four years each. Two of the members shall be appointed by the governing authority of Randolph County for terms of office of four years each. The six members so appointed shall appoint a seventh member, who may be a resident of either Clay, Quitman, or Randolph County, for a term of office of four years. Members of the authority shall serve the terms specified and until their respective successors are appointed and qualified; provided, however, that any member of the authority may be removed at any time by the governing authority which appointed such member, with or without cause. Any member of the authority may be selected and appointed to succeed himself or herself. After such appointment, the members of such authority shall enter upon their duties. Any vacancy on the authority shall be filled in the same manner as was the original appointment of the member whose term of membership resulted in such vacancy and the person so selected and appointed shall serve for the remainder 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 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 Clay, Quitman, or Randolph County; who is convicted of any act of misfeasance, malfeasance, or nonfeasance of such person's duties as a member of the authority; or who fails to attend any regular or special meeting of the authority for a period of three months without an excuse approved by a resolution of the authority. (g) All meetings of the authority, regular or special, shall be open to the public. The authority may hold public hearings on its own initiative or at the request of residents of

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Clay, Quitman, or Randolph County or residents of any area affected by the actions of the authority. (h) No member or employee of the authority shall have, directly or indirectly, any financial interest, profit, or benefit in any contract, work, or business of the authority nor in the sale, lease, or purchase of any property to or from the authority."

SECTION 3. Said Act is further amended by revising paragraph (1) of subsection (a) of Section 4 as follows:
"(1) 'Airport' means any area of land or structure which is or has been used or which the authority may plan to use for the landing and taking off of commercial, private, and military aircraft, including helicopters; all buildings, equipment, facilities, or other property and improvements of any kind or nature located within the bounds of any such land area or structure which are or have been used or which the authority may 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 Clay, Quitman, or Randolph County for the establishment of an airport, and any land to be deeded to Clay, Quitman, or Randolph County for airport use, including, without limitation, aviation easements, and other real or personal property."

SECTION 4. Said Act is further amended by revising Section 15 as follows:

"SECTION 15. Credit not pledged.

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

SECTION 5. Said Act is further amended by revising Section 28 as follows:

GEORGIA LAWS 2010 SESSION
"SECTION 28. Tort immunity.

3573

The authority shall have the same immunity and exemption from liability for torts and negligence as Clay, Quitman, or Randolph County; and the officers, agents, and employees of the authority, when in the performance of the work of the authority, shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of Clay, Quitman, or Randolph County as when in the performance of their public duties or work of such county."

SECTION 6. Said Act is further amended by revising Section 30 as follows:

"SECTION 30. Effect on other governments.

This Act shall not and does not in any way take from Clay, Quitman, or Randolph County or any municipality located in any such county or any adjoining county the authority to own, operate, and maintain projects or to issue revenue bonds as is provided by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the 'Revenue Bond Law.'"

SECTION 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 2010 session of the General Assembly of Georgia a bill to amend an Act to create the Lower Chattahoochee Regional Airport Authority approved May 5, 2006 (Ga. L. 2006, p. 4422); to repeal conflicting laws; and for other purposes. This 8th day of February, 2010
CALHOUN COUNTY COMMISSION
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald Greene, who on oath deposes and says that he is the Representative from District 149 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Albany Herald which is the official organ of Calhoun

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

County on February 10, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

s/ GERALD GREENE Gerald Greene Representative, District 149

Sworn to and subscribed before me, this 9th day of March 2010.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2010 session of the General Assembly of Georgia a bill to amend an Act to create the Lower Chattahoochee Regional Airport Authority, approved May 5, 2006 (Ga. L. 2006, p. 4422); to repeal conflicting laws; and for other purposes.

This 8th day of February, 2010.

CALHOUN COUNTY COMMISSION

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald Greene, who on oath deposes and says that he is the Representative from District 149 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Cuthbert Southern Tribune which is the official organ of Clay County on February 25, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

s/ GERALD GREENE Gerald Greene Representative, District 149

GEORGIA LAWS 2010 SESSION
Sworn to and subscribed before me, this 9th day of March 2010.

3575

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2010 session of the General Assembly of Georgia a bill to amend an Act to create the Lower Chattahoochee Regional Airport Authority, approved May 5, 2006 (Ga. L. 2006, p. 4422); to repeal conflicting laws; and for other purposes.

This 8th day of February, 2010.

CALHOUN COUNTY COMMISSION

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald Greene, who on oath deposes and says that he is the Representative from District 149 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Eufaula Tribune which is the official organ of Quitman County on February 24, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

s/ GERALD GREENE Gerald Greene Representative, District 149

Sworn to and subscribed before me, this 9th day of March 2010.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)

3576

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced in the regular 2010 session of the General Assembly of Georgia a bill to amend an Act to create the Lower Chattahoochee Regional Airport Authority, approved May 5, 2006 (Ga. L. 2006, p. 4422): to repeal conflicting laws; and for other purposes.

This 8th day of February, 2010.

CALHOUN COUNTY COMMISSION

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald Greene, who on oath deposes and says that he is the Representative from District 149 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Citizen News which is the official organ of Randolph County on February 24, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

s/ GERALD GREENE Gerald Greene Representative, District 149

Sworn to and subscribed before me, this 9th day of March 2010.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)

Approved May 28, 2010.

__________

GEORGIA LAWS 2010 SESSION CITY OF LEARY NEW CHARTER.

3577

No. 510 (House Bill No. 1282).

AN ACT

To provide a new charter for the City of Leary, Georgia; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, 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 a city manager and powers and duties thereof; 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 a municipal court and the judge or judges thereof and other matters relative to those judges; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; to provide for elections; to provide for taxation, licenses, and fees; to provide for franchise service charges, and assessments; to provide for bonded and other indebtedness; to provide for auditing, accounting, budgeting, and appropriations; to provide for city contracts and purchasing; to provide for conveyance of property; to provide for bonds for officials; to provide for prior ordinances and rules, pending matters, and existing personnel; to provide for definitions and construction; to provide for other matters relative to the foregoing; to provide for severability; to repeal a specific Act; to provide for 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 incorporating the City of Leary, Georgia, approved January 31, 1975 (Ga. L. 1975, p. 4401), as amended, is repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety, and a new charter for the City of Leary, Georgia, is provided as follows:

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ARTICLE I. INCORPORATION AND POWERS
SECTION 1.10. Incorporation.

This city and the inhabitants thereof are incorporated by the enactment of this charter and are constituted and declared a body politic and corporate under the name and style of the City of Leary, Georgia, and by that name shall have perpetual existence.

SECTION 1.11. Corporate boundaries.

(a) The boundaries of the 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, or a written description, retained permanently in the city hall for the City of Leary, Georgia, and to be identified as the "Official Map (or Description) of the Corporate Limits of the City of Leary, 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 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 this 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. Specific powers.

The city shall have the following powers: (1) Animal regulations. To regulate and license or to prohibit the keeping or running-at-large of animals and fowl, and to provide for the impoundment of the same if

GEORGIA LAWS 2010 SESSION

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in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or human 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 and expenditures 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. (3) Building regulations. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes; to regulate all housing and building trades. (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 Official Code of Georgia Annotated, or other such applicable laws as are or may thereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees. (5) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the Official Code of Georgia Annotated 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 outside of the city, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city. (8) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of the city through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management 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 fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof. (10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal, and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein benefitting 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.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(11) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards. (12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any sources for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose. (13) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards. (14) Jail sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city; to provide for commitment of such persons to any jail; or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials. (15) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city. (16) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same. (17) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia. (18) Municipal property ownership. To acquire, dispose of, lease, option, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside of the corporate limits of the city. (19) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof. (20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including but not limited to, a system of waterworks, sewers, and drains, sewage disposal, gas works, electric light plants, cable television, and other telecommunications, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties, and to provide for the withdrawal of service for refusal r failure to pay the same. (21) Nuisance. To define a nuisance and provide for its abatement whether on public or private property. (22) Penalties. To provide penalties for the violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia.

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(23) Planning and zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community. (24) Police and fire protection. To exercise the power of arrest through duly appointed policemen and to establish, operate, or contract for a police department and a fire-fighting agency. (25) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public. (26) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks, and playgrounds, recreational facilities, cemeteries, markets, and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies, and facilities; and to provide any other public improvements, inside or outside the corporate limits of the city; to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under procedures provided in the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted. (27) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances. (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 the view thereof; within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances. (31) Retirement. To provide and maintain a retirement plan for officers and employees of the city. (32) Roadways. To lay out, open, extend, widen, narrow, establish, or change the grade of, abandon or close, construct, pave, curb, gutter, provide drainage for, adorn, with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways, within the corporate limits of the city; and to grant franchise 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

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condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so. (33) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sanitary sewage disposal plant and sewerage system, and to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system. (34) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse, and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials; and to provide for the sale of such items. (35) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and hearing equipment, and any other business or situation which the city may deem to be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performance, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit, professional fortune-telling, palmistry, adult bookstores, and massage parlors. (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements. (37) Taxes; ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation. (38) Taxes; other. To levy and collect such other taxes as may be allowed now or in the future by law. (39) Urban redevelopment. To organize and operate an urban redevelopment program. (40) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; 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.

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SECTION 1.14. Exercise of powers.

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

ARTICLE II 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 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 council member unless that person shall have been a resident of the city for one year prior to the date of the election; each person holding city office 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. Persons shall also be subject to other qualifications as provided by general law.

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 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 council member shall be filled for the remainder of the unexpired term, if any, by appointment by the remaining council members if less than six months remain in the unexpired term; otherwise, an election shall be held, as provided for in Section 5.14 of this charter, and in accordance with Titles 21 and

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45 of the Official Code of Georgia Annotated, or other such 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 established by ordinance adopted in accordance with general law.

SECTION 2.14. Holding other office; conflicts of interest; code of ethics.

(a) Elected and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. (b) Neither the mayor nor any 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. (c) Conflicts of interest. No elected official, appointed officer, or employee of the city or an agency or political entity to which this charter is applicable shall knowingly violate the Conflict of Interest provisions of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, provisions in this charter and other applicable laws of this state. (d) Code of ethics. No elected official, appointed officer, or employee of the city or an agency or political entity to which this charter is applicable shall knowingly violate the Code of Ethics provisions of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, provisions in this charter and other applicable laws of this state.

SECTION 2.15. Inquiries and investigations.

Following the adoption of an authorizing resolution, the city council may make inquiries and investigations into the affairs of the city and 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 the government of this city.

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SECTION 2.17. Eminent domain.

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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 use thereof, and for such other purposes property may be condemned under procedures established under general law applicable now or as provided in the future.

SECTION 2.18. Organizational meetings.

(a) The city council shall hold an organizational meeting on the first meeting in January following the regular election, as provided for in Section 5.11 of this charter. (b) 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 Leary, Georgia, 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 of the United States and laws of the State of Georgia; that I will support the Constitution of the United States and the State of Georgia; that I have been a resident of post from which elected and the City of Leary, Georgia, for the time required by the Constitution, laws of the State of Georgia, and the charter of the City of Leary, Georgia, 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 twenty-four hours in advance of the meeting. Such notice to council members shall not be required if the mayor and all council members

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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 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. (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.

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 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 council members, other than the mayor, or the mayor and two 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 such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three council members or two council members and the mayor shall be required for the adoption of any ordinance, resolution, or motion. The mayor shall vote only in the event of a tie or when an affirmative or negative vote by the mayor constitutes a majority of three votes. An abstention shall not be counted as either an affirmative or negative vote.

SECTION 2.22. Ordinance form; procedures.

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

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(b) An ordinance may be introduced by a council member and may 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 clerk shall, as soon as possible, distribute a copy to the mayor and to each council member and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate.

SECTION 2.23. 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 by call of the mayor or three 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. (b) An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear, specific terms. (c) An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least three council members shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. (d) Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent re-enactment 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. (e) 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 other applicable laws as are or may hereafter be enacted.

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SECTION 2.25. Code 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 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 clerk pursuant to Section 2.26 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for inspection by the public.

SECTION 2.26. Signing; authenticating; recording; codification; printing.

(a) The clerk shall authenticate by the clerk's signature and record in full, in a properly indexed book kept for that purpose, all ordinances adopted by the city council. (b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto, and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as "The Code of the City of Leary, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city and made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.

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SECTION 2.27. Chief executive officer.

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

SECTION 2.28. Powers and duty of mayor.

As the chief executive of this city, the mayor shall: (1) See that all laws and ordinances of the city are faithfully executed; (2) Exercise supervision over all executive and administrative work of the city and over all employees and departments of the city and provide for the coordination of administrative activities; (3) Prepare and submit to the city council a recommended operating budget and capital budget; (4) Submit to the city council, at least once a year, a statement covering the financial conditions of the city, and, from time to time, such other information as the city council may request; (5) Recommend to the city council such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as the mayor may deem expedient; (6) Call special meetings of the city council as provided for in Section 2.19 (b) of this charter; (7) Preside at all meetings of the city council and vote only in the event of a tie or when an affirmative or negative vote by the mayor constitutes a majority of three votes; (8) Provide for an annual audit of all accounts of the city; (9) Require any department or agency of the city to submit written reports whenever the mayor deems it expedient; and (10) Perform such other duties as may be required by law, this charter, or by ordinance.

SECTION 2.29. Mayor pro-tem.

By a majority vote, the city council shall elect a council member to serve as mayor pro-tem. In the mayor's absence, the mayor pro-tem shall preside at meetings of the city council and assume the duties and powers of the mayor upon the mayor's physical or mental disability; provided that the mayor pro-tem shall vote as a member of the council at all times when serving as herein provided.

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ARTICLE III ADMINISTRATIVE AFFAIRS
SECTION 3.10. Administrative and service departments.

(a) Except as otherwise provided in this charter, the city council, by ordinance, shall prescribe the functions or duties of, and establish, abolish, alter, consolidate, or leave vacant all non-elective 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 of city 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. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor, be responsible for the administration and direction of the affairs and operations of that director's department or agency. (e) All appointive officers and directors under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the city council. All appointive officers, directors and department heads shall be employees at-will and subject to removal or suspension at any time by the mayor, unless otherwise provided by law or ordinance.

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.

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(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 that person has executed and filed with the clerk of the city an oath obligating himself or herself to faithfully and impartially perform the duties of that member's office, such oath to be prescribed by ordinance and administered by the mayor. (g) All board members serve at-will and may be removed at any time by a vote of three members of the city council, unless otherwise provided by law. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as 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 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 council member. 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.

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SECTION 3.14. Personnel policies.

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

ARTICLE IV JUDICIAL BRANCH
SECTION 4.10. Creation; name.

There shall be a court to be known as the Municipal Court of the City of Leary, Georgia.

SECTION 4.11. Judges.

(a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge of the municipal court unless that person shall have attained the age of 21 years and shall possess all the 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 before the mayor, that the judge will honestly and faithfully discharge the duties of the office to the best of that person's ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.20 of this charter.

SECTION 4.12. Convening.

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

SECTION 4.13. Jurisdiction; powers.

(a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law.

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(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 10 days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00, imprisonment for 180 days, or 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 recognizance to ensure the presence of those charged with violations before said court, and shall have discretionary authority to accept cash, or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for that person's appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at such time, and an execution shall be 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 affixed 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 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 Calhoun County, Georgia, under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.

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SECTION 4.15. Rules for court.

With the approval of the city council, the judge or judges 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.

ARTICLE V ELECTIONS SECTION 5.10. Applicability of general law.

All 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 amended.

SECTION 5.11. Regular elections; time for holding.

(a) Beginning in 2011, and every four years thereafter, on the Tuesday following the first Monday in November, there shall be an election for mayor and all four city council members. The terms of office shall begin at the organization meeting as provided for in Section 2.18 of this charter. (b) The mayor and council members 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.

SECTION 5.12. Nonpartisan election.

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

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SECTION 5.13. Election by plurality.

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The person receiving a plurality of the votes cast in the city election for the office of mayor shall be elected. The persons receiving the highest number of votes for city council shall be elected.

SECTION 5.14. Special elections; vacancies.

In the event that the office of mayor or council member 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 if such vacancy occurs within six months of the expiration of the term of that office; provided, if such vacancy occurs with more than six months remaining before the expiration of the term of that office, the city council shall order a special election to fill the balance of the unexpired term of such official. 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 amended.

SECTION 5.15. Other provisions.

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

SECTION 5.16. Removal of officers.

(a) The mayor, council members, or other appointed officers as provided for in this charter shall be removed from office for any one or more of the causes provided in Title 45 of the Official Code of Georgia Annotated, 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:
(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 10 days after the service of such written notice. The city council shall provide by ordinance for the manner in which such hearings

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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 impartial panel to the Superior Court of Calhoun County, Georgia. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By an order of the Superior Court of Calhoun County, Georgia, following a hearing on a complaint seeking such removal brought by any resident of the City of Leary, Georgia.

ARTICLE VI FINANCE
SECTION 6.10. Property tax.

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

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

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

SECTION 6.12. Occupation and business taxes.

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

SECTION 6.13. Regulatory fees; permits.

The city council, by ordinance, shall have the power to require businesses or practitioners doing business within this city to obtain a permit for such activity from the city and pay a reasonable regulatory fee for such permit as provided by general law. Such fees shall reflect

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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. Franchise.

(a) The city council shall have the power to grant franchise 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 thereof. 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 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 outside the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.

SECTION 6.16. Special assessments.

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

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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 the personal debts of the persons required to pay the taxes or fees imposed; revoking city permits for failure to pay any city taxes or fees; and providing for the assignment or transfer of tax executions.

SECTION 6.19. General obligation bonds.

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

SECTION 6.20. Revenue bonds.

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

SECTION 6.21. Short-term loans.

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

GEORGIA LAWS 2010 SESSION
SECTION 6.22. Lease-purchase contracts.

3599

The city may enter into multi-year 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 such 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 Official Code of Georgia 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 year and every office, department, agency, and activity of the city government.

SECTION 6.24. Preparation of budgets.

The city council shall provide by ordinance for 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 mayor shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget and such other pertinent comments and information. The operating and capital budgets 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.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 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 January 1 of each year. If the city council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.24 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations 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 appropriation.

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.

GEORGIA LAWS 2010 SESSION
SECTION 6.29. Independent audit.

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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.

(a) No contract with the city shall be binding on the city unless: (1) It is in writing; (2) It is drawn by or submitted and reviewed by the city attorney and, as a matter of course, is signed by the city attorney to indicate such drafting 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.
(b) If the mayor is unable to execute contracts due to his or her absentee or disability, the mayor pro-tem shall sign such contract pursuant to the terms of Section 2.29 of this charter.

SECTION 6.31. Centralized purchasing.

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

SECTION 6.32. Sale and lease of 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

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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 MISCELLANEOUS
SECTION 7.10. Bonds for officials.

The officers and employees of this city, both elected 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 and not inconsistent or in conflict 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.

GEORGIA LAWS 2010 SESSION
SECTION 7.14. Construction.

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

SECTION 7.15. Severability.

If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect 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 Leary, Georgia, in the County of Calhoun, State of Georgia, approved in 1975 (Ga. L. 1975, p. 4401), as amended, is repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety.

SECTION 7.17. Effective date.

This charter shall be effective upon pre-clearance by the United States Department of Justice or a determination that pre-clearance is not required.

SECTION 2. It shall be duty of the mayor and council of the City of Leary, Georgia, through their legal counsel, to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, within 60 days after its approval by the Governor or its becoming law without such approval.

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

3604

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 2010 session of the General Assembly of Georgia a bill to repeal an Act providing for a Charter incorporating the City of Leary, Georgia, approved January 31, 1975 (GA L. 1975, p. 4401), as amended, so as to provide for a new Charter for the City of Leary, Georgia; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from 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 a city manager and powers and duties thereof; 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 a municipal court and the judge for judges thereof and matters relative to those judges; to provide for the courts jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; to provide for elections; to provide for taxation, licenses, and fees; to provide for franchise service charges, and assessments; to provide for bonded and other indebtedness; to provide for auditing, accounting, budgeting, and appropriations; to provide for city contracts and purchasing; to provide for conveyance of property; to provide for bonds for officials; to provide for prior ordinances and rules, pending matters, and existing personnel; to provide for definitions and construction; to provide for other matters relative to the foregoing; to provide for severability; to repeal a specific Act; to provide for referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

This 12th day of February, 2010.

Hon. Calvin Cox, Mayor City of Leary, Georgia

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald Greene, who on oath deposes and says that he is the Representative from District 149 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Albany Herald which is the official organ of Calhoun County on February 18, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

GEORGIA LAWS 2010 SESSION
s/ GERALD GREENE Gerald Greene Representative, District 149

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Sworn to and subscribed before me, this 23rd day of February 2010.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)

Approved May 28, 2010.

__________

BRYAN COUNTY BOARD OF COMMISSIONERS; MEETINGS.

No. 511 (House Bill No. 1210).

AN ACT

To amend an Act creating the Board of Commissioners of Bryan County, approved March 22, 1941 (Ga. L. 1941, p. 765), as amended, particularly by an Act approved March 30, 1971 (Ga. L. 1971, p. 2337), so as to provide that the board shall prescribe by resolution the time, place, and dates for its regular meetings; to provide for called meetings and special sessions; 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 Bryan County, approved March 22, 1941 (Ga. L. 1941, p. 765), as amended, particularly by an Act approved March 30, 1971 (Ga. L. 1971, p. 2337), is amended by revising subsection (a) of Section 8 as follows:
"(a) The board shall prescribe by resolution, from time to time, the time, place, and dates of regular meetings. The board shall call meetings and special sessions in compliance with all existing statutes and ordinances. The clerk of the board shall record the acts and deeds of the board at all such meetings, and the records of the board shall at all times be open and subject to inspection by the public."

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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 2010 session of the General Assembly of Georgia a bill to amend the Act creating the Board of Commissioners of Bryan County to change provisions relating to meetings of the Board.
This 9th day of November, 2009
The Board of Commissioners, Bryan County, Georgia
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ron Stephens, who on oath deposes and says that he is the Representative from District 164 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Bryan County News which is the official organ of Bryan County on November 14, 2009, and that the notice requirements of Code Section 28-1-14 have been met.
s/ RON STEPHENS Ron Stephens Representative, District 164
Sworn to and subscribed before me, this 25th day of January, 2010.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 28, 2010.

GEORGIA LAWS 2010 SESSION BERRIEN COUNTY ABOLISH ELECTED COUNTY SURVEYOR.

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No. 512 (House Bill No. 1045).

AN ACT

To abolish the office of elected county surveyor of Berrien County pursuant to Code Section 36-7-2.1 of the O.C.G.A.; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. (a) Pursuant to Code Section 36-7-2.1 of the O.C.G.A., the office of elected county surveyor of Berrien County is abolished. (b) The Board of Commissioners of Berrien County is authorized to appoint a county surveyor. The county surveyor shall be appointed for an indefinite term and shall serve at the pleasure of the board of commissioners. A county surveyor appointed by the board of commissioners shall possess the qualifications as provided in Code Section 36-7-2 of the O.C.G.A.

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 2010 session of the General Assembly of Georgia a bill to abolish the office of elected county surveyor of Berrien County pursuant to Code Section 36-7-2.1 of the O.C.G.A.; to provide for related matters; to repeal conflicting laws; and for other purposes.
This 14th day of January, 2010.
Representative Penny Houston District 170
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

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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 January 20, 2010, 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 1st day of February 2010.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)

Approved May 28, 2010.

__________

DAWSON COUNTY HOMESTEAD EXEMPTION; SCHOOL TAXES; 70 YEARS OF AGE OR OLDER; REFERENDUM.

No. 513 (House Bill No. 1327).

AN ACT

To provide a homestead exemption from Dawson 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 70 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. (a) As used in this Act, the term:
(1) "Ad valorem taxes for educational purposes" means all ad valorem taxes for educational purposes levied by, for, or on behalf of the Dawson County school district,

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including, but not limited to, ad valorem taxes to pay interest on and to retire county school district bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended, with the additional qualification that it shall include only the primary residence and not more than five contiguous acres of land immediately surrounding such residence. (3) "Senior citizen" means a person who is 70 years of age or over on or before January 1 of the year in which application for the exemption under this Act is made. (b) Each resident of the Dawson County school district who is a senior citizen is granted an exemption on that person's homestead from all Dawson 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) 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 Dawson 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 Dawson 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 Dawson County school district ad valorem taxes for educational purposes. (f) The exemption granted by this Act shall apply to all taxable years beginning on or after January 1 of the year immediately following the year in which the election provided for in Section 2 of this Act is conducted.

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

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

district for approval or rejection. The election superintendent shall conduct that election on the date of the November, 2010, 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 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 $120,000.00 of the assessed value of the homestead for residents of that school district who are 70 years of age or over?"

All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect on January 1 of the year immediately following the year in which such election is conducted. 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 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 2010 session of the General Assembly of Georgia a bill to provide a homestead exemption from Dawson 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 70 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; and for other purposes.
This 5th day of February, 2010.

GEORGIA LAWS 2010 SESSION
/s/ Amos Amerson Representative Amos Amerson District 9

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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 Community News which is the official organ of Dawson County on February 10, 2010, 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 23rd day of February 2010.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)

Approved May 28, 2010.

__________

DAWSON COUNTY HOMESTEAD EXEMPTION; SCHOOL TAXES; 65 YEARS OF AGE OR OLDER OR DISABLED; AMOUNT; REFERENDUM.

No. 514 (House Bill No. 1326).

AN ACT

To amend an Act providing 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, approved May 13, 2008

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(Ga. L. 2008, p. 3850), so as to increase such exemption to $65,000.00 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 net income, excluding certain retirement income, does not exceed $50,000.00; 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 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, approved May 13, 2008 (Ga. L. 2008, p. 3850), is amended by revising paragraph (3) of subsection (a) of Section 1 as follows:
"(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."

SECTION 2. Said Act is further amended by revising subsection (b) of Section 1 as follows:
"(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 $65,000.00 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."

SECTION 3. 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, 2010, general election and shall issue the call and conduct that

GEORGIA LAWS 2010 SESSION

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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 increases the current homestead exemption from Dawson County school district ad valorem taxes for educational purposes for residents of that school district who are disabled or who are 65 years of age or older from $60,000.00 to $65,000.00 and which changes the $50,000.00 income limitation from gross income to net income excluding certain retirement income?"

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, 2011. 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 Dawson 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 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2010 session of the General Assembly of Georgia a bill to amend an Act providing 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, approved May 13, 2008 (Ga. L. 2008, p. 3850), so as to increase such exemption to $65,000.00 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 net income, excluding certain retirement income, does not exceed $50,000.00; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

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This 5th day of February, 2010.

/s/ Amos Amerson Representative Amos Amerson District 9

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 Community News which is the official organ of Dawson County on February 10, 2010, 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 23rd day of February 2010.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)

Approved May 28, 2010.

__________

CITY OF HARALSON MAYOR AND COUNCIL; STAGGERED TERMS OF OFFICE; REFERENDUM.

No. 515 (House Bill No. 1295).

AN ACT

To amend an Act creating a new charter for the City of Haralson, approved May 17, 2004 (Ga. L. 2004, p. 4349), so as to stagger the terms of office for the mayor and

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councilmembers; to provide for a referendum; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating a new charter for the City of Haralson, approved May 17, 2004 (Ga. L. 2004, p. 4349), is amended by revising Section 2.11 as follows:

"SECTION 2.11. Elections.

(a) At any election, all persons who are qualified under the Constitution and laws of Georgia to vote for members of the General Assembly of Georgia and who are bona fide residents of the city shall be eligible to qualify as voters in the election. (b) All primaries and elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.' Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the 'Georgia Election Code.' (c) The municipal general election for the City of Haralson shall be conducted on Tuesday next following the first Monday in November, 2010, and on such day in each odd-numbered year thereafter. (d) For the purpose of electing members of the council, the City of Haralson shall consist of one election district with three numbered posts. Each person seeking election shall designate the post for which he or she seeks election. (e) The mayor and councilmember from Post 3 who are in office on the effective date of this Act, and any person selected to fill a vacancy in such office, shall serve out the remainder of their terms of office, which shall expire December 31, 2011, and upon the election and qualification of their respective successors. Those successors to councilmembers from Posts 1 and 2 shall be elected at the municipal general election in 2010, shall take office the first day of January immediately following that election, and shall serve for initial terms of three years, which shall expire December 31, 2013, and until their respective successors are elected and qualified. Those and all future successors to councilmembers from Posts 1 and 2 whose terms of office are to expire shall be elected at the municipal general election immediately preceding the expiration of such terms, shall take office the first day of January immediately following that election, and shall serve for terms of four years and until their respective successors are elected and qualified. Those successors to the mayor and councilmember from Post 3 whose terms of office are to expire in 2011, and all future successors to such offices, shall be elected at the municipal general election immediately preceding the expiration of such terms, shall take office the

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first day of January immediately following that election, and shall serve for terms of four years and until their respective successors are elected and qualified."

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Coweta County 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 Haralson for approval or rejection. The election superintendent shall conduct that election on the date and in conjunction with the general election in 2010 and shall issue the call therefor not less than 30 days prior to that date. 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 Coweta County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which provides for four-year staggered terms of office for the mayor and councilmembers of the City of Haralson and to
( ) NO reduce the current term of office for the mayor and the Post 3 councilmember from four years to three years?"
All persons desiring to vote for approval of this Act shall vote "Yes," and those persons desiring to vote for rejection of this Act shall vote "No." If more than one-half of the votes cast on such question are for approval of this Act, this Act shall become of full force and effect on December 1, 2010. If this Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Haralson. It shall be the election superintendents duty to certify the result thereof to the Secretary of State.

SECTION 3. Except as 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. If this Act becomes effective, the clerk for the City of Haralson shall immediately notify the Secretary of State's office of this Act's effectiveness. If this Act does not become effective, this Act shall automatically be repealed.

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

GEORGIA LAWS 2010 SESSION NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

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Notice is given that there will be introduced at the regular 2010 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Haralson, approved May 17, 2004 (Ga. L. 2004, p. 4349), so as to stagger the terms of office for the mayor and council members; to provide for a referendum; to provide for related matters; and for other purposes.

This 26th day of February, 2010.

Representative Billy Horne District 71

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Billy Horne, who on oath deposes and says that he is the Representative from District 71 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Times-Herald which is the official organ of Coweta County on March 4, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

s/ BILLY HORNE Billy Horne Representative, District 71

Sworn to and subscribed before me, this 8th day of March 2010.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)

Approved May 28, 2010.

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WESTERN AREA REGIONAL RADIO SYSTEM AUTHORITY ADD COWETA COUNTY.

No. 516 (House Bill No. 1225).

AN ACT

To amend an Act approved May 17, 2004 (Ga. L. 2004, p. 4521), creating the Western Area Regional Radio System Authority, so as to provide that the board of commissioners of Coweta County shall be an establishing local government of the authority; to provide that Coweta County shall appoint two members to the 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:

SECTION 1. An Act approved May 17, 2004 (Ga. L. 2004, p. 4521), creating the Western Area Regional Radio System Authority, is amended by revising subsections (b) and (e) of Section 3 as follows:
"(b) The authority shall consist of ten members who shall be appointed by the establishing local governments in the following manner: (1) Carroll County, Georgia, shall appoint two members to the authority; (2) Coweta County, Georgia, shall appoint two members to the authority; (3) the City of Douglasville, Georgia, shall appoint two members to the authority; (4) Haralson County, Georgia, shall appoint two members to the authority; and (5) Heard County, Georgia, shall appoint two members to the authority. Coweta County's first member shall be appointed to a term of two years and its second member shall be appointed to a term of four years. Following initial appointments, all appointments made by the establishing local governments shall be made for terms of four years and until successors are appointed and qualified. Appointments shall be made by resolution adopted by the establishing local government. To be eligible for appointment as a member of the authority, a person shall be at least 21 years of age, shall have been a resident of the jurisdiction of the establishing local government which appointed him or her for at least two years prior to the date of his or her appointment and shall continue such residency during his or her term of office, and shall not have been convicted of a felony. Any member of the authority may be selected and appointed to succeed himself or herself." "(e) Five members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all of the duties of the authority."

SECTION 2. Said Act is further amended by revising paragraph (4) of Section 4 as follows:

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"(4) 'Establishing local governments' means the board of commissioners of Carroll County, Georgia; the board of commissioners of Coweta County, Georgia; the mayor and council of the City of Douglasville, Georgia; the commissioner of Haralson County, Georgia; and the board of commissioners of Heard County, Georgia."

SECTION 3. This Act shall become effective on July 1, 2010.

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 during the regular 2010 session of the Georgia General Assembly a bill to amend an Act approved May 17, 2004 (Ga. L. 2004, p. 4521), creating the Western Area Regional Radio System Authority, so as to provide that the board of commissioners of Coweta County shall be an establishing local government of the authority; to provide that Coweta County shall appoint two members to the authority; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
This 1st day of February, 2010.
Representative Billy Horne District 71
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Billy Horne, who on oath deposes and says that he is the Representative from District 71 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the News and Banner which is the official organ of Heard County on February 10, 2010, and that the notice requirements of Code Section 28-1-14 have been met.
s/ BILLY HORNE Billy Horne Representative, District 71

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Sworn to and subscribed before me, this 16th day of February 2010.

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 during the regular 2010 session of the Georgia General Assembly of Georgia a bill to amend an Act approved May 17, 2004 (Ga. L. 2004, p. 4521), creating the Western Area Regional Radio System Authority, so as to provide that the board of commissioners of Coweta County shall be an establishing local government of the authority; to provide that Coweta County shall appoint two members to the authority; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

This 1st day of February, 2010.

Representative Billy Horne District 71

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Billy Horne, who on oath deposes and says that he is the Representative from District 71 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 4, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

s/ BILLY HORNE Billy Horne Representative, District 71

GEORGIA LAWS 2010 SESSION
Sworn to and subscribed before me, this 16th day of February 2010.

3621

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 during the regular 2010 session of the Georgia General Assembly a bill to amend an Act approved May 17, 2004 (Ga. L. 2004, p. 4521), creating the Western Area Regional Radio System Authority, so as to provide that the board of commissioners of Coweta County shall be an establishing local government of the authority; to provide that Coweta County shall appoint two members to the authority; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

This 1st day of February, 2010.

Representative Billy Horne District 71

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Billy Horne, who on oath deposes and says that he is the Representative from District 71 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Newnan Times-Herald which is the official organ of Coweta County on February 6, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

s/ BILLY HORNE Billy Horne Representative, District 71

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Sworn to and subscribed before me, this 16th day of February 2010.

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 during the regular 2010 session of the Georgia General Assembly of Georgia a bill to amend an Act approved May 17, 2004 (Ga. L. 2004, p. 4521), creating the Western Area Regional Radio System Authority, so as to provide that the board of commissioners of Coweta County shall be an establishing local government of the authority; to provide that Coweta County shall appoint two members to the authority; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

This 1st day of February, 2010.

Representative Billy Horne District 71

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Billy Horne, who on oath deposes and says that he is the Representative from District 71 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Times-Georgian which is the official organ of Carroll County on February 2, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

s/ BILLY HORNE Billy Horne Representative, District 71

GEORGIA LAWS 2010 SESSION
Sworn to and subscribed before me, this 16th day of February 2010.

3623

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 during the regular 2010 session of the Georgia General Assembly a bill to amend an Act approved May 17, 2004 (Ga. L. 2004, p. 4521), creating the Western Area Regional Radio System Authority, so as to provide that the board of commissioners of Coweta County shall be an establishing local government of the authority; to provide that Coweta County shall appoint two members to the authority; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

This 1st day of February, 2010

Representative Billy Horne District 71

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Billy Horne, who on oath deposes and says that he is the Representative from District 71 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 February 4, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

s/ BILLY HORNE Billy Horne Representative, District 71

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Sworn to and subscribed before me, this 16th day of February 2010.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)

Approved May 28, 2010.

__________

CITY OF BROXTON CERTAIN CITY OFFICIALS; QUALIFICATIONS, COMPENSATION, AND LIMITATION ON HOLDING OTHER OFFICES; DISBURSEMENTS; DEPOSITS; AUDITS; PENALTIES.

No. 517 (House Bill No. 1157).

AN ACT

To amend an Act to provide a new charter for the City of Broxton, Georgia, in the County of Coffee, approved April 6, 1981 (Ga. L. 1981, p. 3597), as amended, particularly by an Act approved April 6, 1992 (Ga. L. 1992, p. 5320), an ordinance filed February 16, 2004 (Ga. L. 2004, p. 4777), an Act approved May 16, 2007 (Ga. L. 2007, p. 3549), and an Act approved May 6, 2009 (Ga. L. 2009, p. 3780), so as to provide qualifications for the city attorney and municipal court judge; to provide for the compensation of the municipal court judge; to provide for limitations on holding other offices and positions by members of the governing authority; to provide for qualifications for the city manager; to provide for certain requirements for certain disbursements under certain circumstances; to provide the timely deposit of funds received as fines, forfeitures, and fees; to provide for the manner of payment of such fines, forfeitures, and fees; to provide for penalties for not timely making such deposits; to provide for certain audits; to provide for penalties for failure to timely perform audits; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to provide a new charter for the City of Broxton, Georgia, in the County of Coffee, approved April 6, 1981 (Ga. L. 1981, p. 3597), as amended, particularly by an Act approved April 6, 1992 (Ga. L. 1992, p. 5320), an ordinance filed February 16, 2004 (Ga. L. 2004,

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p. 4777), an Act approved May 16, 2007 (Ga. L. 2007, p. 3549), and an Act approved May 6, 2009 (Ga. L. 2009, p. 3780), is amended by revising subsection (a) of Section 2.10 as follows:
"(a) The Mayor and Council shall appoint a City Clerk and a City Treasurer who shall take such oath as required by the Mayor and Council. The City Clerk and City Treasurer may be the same person. Three (3) affirmative votes of the Mayor and Council shall be required for the appointment of the City Clerk and City Treasurer. The City Clerk and the City Treasurer shall serve at the pleasure of the Mayor and Council and may be removed at any time by a vote of three (3) members of the Mayor and Council adopting a resolution to that effect. Upon removal, the City Clerk and/or City Treasurer shall be paid forthwith any accrued salary to the date of removal, plus two weeks additional salary. The City Clerk and City Treasurer shall not be related to any member of the Mayor and Council by blood or marriage within the sixth degree as computed according to the civil law."

SECTION 2. Said Act is further amended by revising Section 2.11 as follows:
"Section 2.11. City Attorney; Municipal Court Judge; Appointment, Compensation, Qualifications, Duties. (a) At its first regular meeting in January of each year, the Mayor and Council, by majority vote, shall appoint a City Attorney and a Municipal Court Judge who shall take such oath as required by the Mayor and Council. The City Attorney and Municipal Court Judge shall serve until the first meeting in January of the following year, and until their successors shall have been appointed and qualified, unless removed by a majority vote of the Mayor and Council prior thereto. The City Attorney and the Municipal Court Judge shall not be the Mayor or a member of the Council nor any employee of the city. (b) The City Attorney and the Municipal Court Judge shall receive such compensation as the Mayor and Council shall decide. The compensation of the Municipal Court Judge shall be established on a year-to-year basis.
(c)(1) The City Attorney shall be an attorney at law who has been licensed to engage in the practice of law in Georgia for a minimum of two years at the time of appointment. (2) The Municipal Court Judge shall be an attorney at law who has been licensed to engage in the practice of law in Georgia for a minimum of two years at the time of appointment. (3) No person may simultaneously hold the offices of City Attorney and Municipal Court Judge. (4) The Municipal Court Judge shall comply with all of the ordinances of the city and applicable laws of the State of Georgia to remain qualified to serve as municipal court judge. The Municipal Court Judge shall serve as the judicial officer of the municipal court of the city. (d) The City Attorney shall be the legal advisor to the City and shall perform such duties as required by law and by the Mayor and Council."

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SECTION 3. Said Act is further amended by revising subsection (a) of Section 2.12 as follows:
"(a) Except where authorized by law, neither the Mayor nor any Council member shall hold any other elective or compensated appointive office in the City of Broxton during the term for which he or she was elected or within one year after the expiration of the term for which he or she was elected. The Mayor and Mayor Pro Tempore shall not hold a compensated office or position with any other city or county or city or county agency during their terms of office."

SECTION 4. Said Act is further amended by revising Section 4.11 as follows:
"Section 4.11. City Manager; Appointment, Qualifications, Term, Compensation. The Mayor and Council shall appoint a City Manager, if they desire but an appointment is not mandatory, who shall be the administrative head of the City government, and shall be responsible for the administration of all departments. Three (3) affirmative votes of the Mayor and Council shall be required for the appointment of the City Manager. The City Manager shall be appointed with regard to merit only and must be a resident of the City when appointed. The City Manager shall not related shall not be related to any member of the Mayor and Council by blood or marriage within the sixth degree as computed according to the civil law. The City Manager shall hold office during the pleasure of the Mayor and Council, and shall receive such compensation as the Mayor and Council shall determine. The City Manager may reside outside the City while in office only with the approval of the Mayor and Council. In the event the Mayor and Council exercise their option not to appoint a City Manager, the Mayor shall be the administrative head of the City government, and fulfill the responsibilities as hereinafter enumerated without receiving any additional compensation, other than his or her salary as the Mayor. If the Mayor and Council choose not to appoint a City Manager, all disbursements in excess of $500.00 shall be co-signed by the Mayor and Mayor Pro Tempore."

SECTION 5. Said Act is further amended by adding a new subsection to Section 5.2 to read as follows:
"(i) All fines, forfeitures, and fees shall be deposited in the appropriate accounts of the city within five business days following the receipt of such fines, forfeitures, and fees. These fines, forfeitures, and fees shall be subject to yearly audits of the city. Payment methods shall be cash, cashier's check, or money orders only. No personal checks shall be accepted for court fines, forfeitures, or fees. Failure to deposit the fines, forfeitures, and fees within five business days shall constitute a misdemeanor and malfeasance in office."

SECTION 6. Said Act is further amended by revising Section 6.21 by adding a new subsection to read as follows:

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"(d) Failure to perform the audits required by this section within the specified time frames shall be deemed malfeasance in office and subject the Mayor and Council to civil fines not to exceed $500.00 each and removal from office."

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 2010 session of the General Assembly of Georgia a bill to amend an Act to provide a new charter for the City of Broxton, Georgia, in the County of Coffee, approved April 6, 1981 (Ga. L. 1981, p. 3597), as amended, particularly by an Act approved April 6, 1992 (Ga. L. 1992, p. 5320), an ordinance filed February 16, 2004 (Ga. L. 2004, p. 4777), an Act approved May 16, 2007 (Ga.L. 2007, p. 3549), and an Act approved May 6, 2009 (Ga. L. 2009, p. 3780), so as to provide qualifications for the city attorney and municipal court judge; to provide for the compensation of the municipal court judge; to provide for limitations on holding other offices and positions by members of the governing authority; to provide for qualifications for the city manager; to provide for certain requirements for certain disbursements under certain circumstances; to provide the timely deposit of funds received as fines, forfeitures, and fees; to provide for the manner of payment of such fines, forfeitures, and fees; to provide for penalties for not timely making such deposits; to provide for certain audits; to provide for penalties for failure to timely perform audits; to provide for related matters; and for other purposes.
This 1st day of February, 2010.
Representative Chuck Sims District 169
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Chuck Sims, who on oath deposes and says that he is the Representative from District 169 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Douglas Enterprise which is the official organ of Coffee County on February 3, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

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s/ CHUCK SIMS Chuck Sims Representative, District 169

Sworn to and subscribed before me, this 5th day of February 2010.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)

Approved May 28, 2010.

__________

CITY OF MARIETTA CITY COUNCIL; MEETINGS.

No. 518 (House Bill No. 1455).

AN ACT

To amend an Act reincorporating the City of Marietta, approved March 23, 1977 (Ga. L. 1977, p. 3541), as amended, so as to modify provisions relating to the meetings of the city council; to provide for agenda work sessions; 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 reincorporating the City of Marietta, approved March 23, 1977 (Ga. L. 1977, p. 3541), as amended, is amended in Section 2.9 by adding new subsections to read as follows:
"(c) The council shall hold a monthly agenda work session on the Monday before the regular council meeting unless changed as prescribed by ordinance. The agenda work session shall be limited to the purpose of preparing, reviewing, and amending the upcoming council meeting agenda, and the council is further authorized to discuss, but not take action on other items, if any, placed on the work session agenda except for a veto override to vetoes occurring within the work session. The agenda work session shall be held at least two days prior to the regular monthly council meeting.

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(d) The council shall hold a monthly agenda review session one hour preceding the regular council meeting. The review session shall be limited to the purpose of reviewing the council meeting agenda and is further authorized to discuss, but not take action on other items, if any, placed on the review session agenda and executive session as requested. (e) The council may hold a specially called council meeting work session the night or nights of the council committee meetings for the purpose of conducting executive sessions and moving items forward from the executive session to the regular monthly council meeting including a veto override to vetoes occurring within the work session. No other action shall be taken at such meeting."

SECTION 2. This Act shall become effective on July 1, 2010.

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 2010 session of the General Assembly of Georgia a bill to amend an Act reincorporating the City of Marietta, approved March 23, 1977 (Ga. L. 1977, p. 3541) as amended, so as to modify provisions relating to the meetings of the city council; to provide for agenda work sessions; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Judy Manning, who on oath deposes and says that she is the Representative from District 32 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County on March 19, 2010, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JUDY MANNING Judy Manning Representative, District 32

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Sworn to and subscribed before me, this 22nd day of March 2010.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)

Approved May 28, 2010.

__________

CLINCH COUNTY COMPOSITION AND MANNER OF ELECTION OF GOVERNING AUTHORITY; CHAIRPERSON; REFERENDUM.

No. 519 (House Bill No. 1480).

AN ACT

To amend an Act creating the board of commissioners of Clinch County, approved March 9, 1933 (Ga. L. 1933, p. 456), as amended, so as to change the composition and manner of election of the governing authority of Clinch County; to provide for the selection of a chairperson; to provide for submission under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; 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 creating the board of commissioners of Clinch County, approved March 9, 1933 (Ga. L. 1933, p. 456), as amended, is amended by revising Section 1 as follows:

"SECTION 1. (a) Beginning with the general election of 2012 and the taking of office on January 1, 2013, by members elected at such election, the board of commissioners shall be composed of five commissioners elected from districts. (b) The person holding the office of chairperson who was elected county wide in the 2008 general election and any person appointed or elected to fill a vacancy in such office shall serve until the term ends on December 31, 2012. No election for such position shall be held in the 2012 general election, and on January 1, 2013, such position shall be abolished."

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SECTION 2. Said Act is further amended by revising subsections (b) and (c) of Section 3 as follows:
"(b) One member of the board of commissioners shall be elected from each of the five commissioner districts provided for in Section 2 of this Act. At the general election in 2012, and quadrennially thereafter, there shall be elected one member each from Commissioner District No. 2, Commissioner District No. 3, and Commissioner District No. 5. At the general election in 2014, and quadrennially thereafter, there shall be elected one member each from Commissioner District No. 1 and Commissioner District No. 4. Members elected pursuant to this subsection and their successors in office shall take office on the first day of January following their election for terms of office of four years and until their respective successors are elected and qualified. (c) The commissioners shall be residents of the commissioner districts which they seek to represent at the time of qualifying for office and shall be required to remain residents of the districts from which they were elected during their terms of office. The members of the board shall be elected by a majority vote of the electors voting within their respective commissioner districts. All candidates for membership on the board shall designate the commissioner district office for which they are offering at the time of qualifying. The members of the board shall be nominated and elected in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the 'Georgia Election Code.'"

SECTION 3. Said Act is further amended by revising Section 8 as follows:

"SECTION 8. (a) The chairperson of the board of commissioners shall have the following duties and responsibilities:
(1) To act as presiding officer at all meetings of the board, including the duty of preserving order and decorum at such meetings; (2) To state every question coming before the board and to announce the decision of the board on all subjects and to decide all questions of order, subject, however, to an appeal of the board, in which event a majority vote of the board shall govern and conclusively determine such question; (3) To exercise the right to vote only to break a tie vote; provided, however, that the chairperson will be counted in determining whether a quorum is present; (4) To execute all ordinances, resolutions, and contracts on behalf of the county; (5) To execute all evidences of indebtedness incurred by the county; (6) To act as ceremonial head of the county government; and (7) To exercise other duties that may be delegated to the chairperson by the board of commissioners. (b) At the first meeting of each year, the members of the board shall elect from among their membership a chairperson and a vice chairperson. In the event of the chairperson's

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illness, incapacity, absence, or failure to act, the duties of the chairperson may be exercised by the vice chairperson. (c) The chairperson of the board shall give bond in the sum of $2,000.00 for the faithful performance of his or her duties and for the protection of all county funds, said bond to be approved by the judge of the probate court and recorded in that office."

SECTION 4. It shall be the duty of the attorney for the governing authority of Clinch County to submit this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended.

SECTION 5. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Clinch County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Clinch County for approval or rejection. The election superintendent shall conduct that election in conjunction with the November, 2010, 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 Clinch County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which abolishes the position of county-wide elected chairperson of the Clinch County Board of Commissioners and
( ) NO provides for a five-member board elected by district?"
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 3 of this Act shall become effective immediately for the purpose of conducting elections in 2012 and for all other purposes on January 1, 2013. If Sections 1 through 3 of this Act are 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 of January immediately following that election date. The expense of such election shall be borne by Clinch County. It shall be the election superintendent's duty to certify the result 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 upon its becoming law without such approval.

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

GEORGIA LAWS 2010 SESSION NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

3633

Notice is given that there will be introduced at the regular 2010 session of the General Assembly of Georgia a bill to amend an Act creating the board of commissioners of Clinch County, approved March 9, 1933 (Ga. L. 1933, p. 456), as amended, so as to change the composition and manner of election of the governing authority of Clinch County; to provide for the selection of a chairperson; to provide for submission under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

This 8 day of March 2010.

Jay Shaw Representative Jay Shaw District 176

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 March 24, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

s/ JAY SHAW Jay Shaw Representative, District 176

Sworn to and subscribed before me, this 25th day of March 2010.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)

Approved May 28, 2010.

3634

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CLAYTON COUNTY CIVIL SERVICE REVIEW BOARD; MANNER OF REVIEW OF DECISIONS.

No. 520 (House Bill No. 1503).

AN ACT

To amend an Act known as the "Clayton County Civil Service Act," approved March 29, 1994 (Ga. L. 1994, p. 4399), as amended, so as to change provisions relating to review and appeal of decisions of the Clayton County civil service board; to provide for review by certiorari to the superior court; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. The "Clayton County Civil Service Act," approved March 29, 1994 (Ga. L. 1994, p. 4399), as amended, is amended by revising Section 11 as follows:

"SECTION 11. Judicial Review. Any person aggrieved by a final decision of the board is entitled to judicial review by certiorari to the Superior Court of Clayton 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 2010 session of the General Assembly of Georgia a bill to amend an Act known as the "Clayton County Civil Service Act," approved March 29, 1994 (Ga. L. 1994, p. 4399), as amended, so as to change provisions relating to review and appeal of decisions of the Clayton County civil service board; to provide for review by certiorari to the superior court; to provide for related matters; and for other purposes.
This 7th day of April, 2010

GEORGIA LAWS 2010 SESSION
s/ MIKE GLANTON Representative Mike Glanton District 76

3635

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 Clayton News Daily which is the official organ of Clayton County on April 10, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

s/ MIKE GLANTON Mike Glanton Representative, District 76

Sworn to and subscribed before me, this 12th day of April 2010.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)

Approved May 28, 2010.

__________

CITY OF HOLLY SPRINGS CITY COUNCIL; MANNER OF ELECTION.

No. 521 (House Bill No. 1337).

AN ACT

To amend an Act creating a new charter for the City of Holly Springs, approved March 18, 1980 (Ga. L. 1980, p. 3281), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 3679), so as to provide that councilmembers shall be elected from designated posts; to provide for submission for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.

3636

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating a new charter for the City of Holly Springs, approved March 18, 1980 (Ga. L. 1980, p. 3281), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 3679), is amended by revising Section 5.02 as follows:

"SECTION 5.02.

(a) For the purpose of electing members of the council, the City of Holly Springs shall consist of one election district with five at-large posts. At the time of qualifying, candidates shall designate the post which he or she seeks to represent. (b) At the municipal election in November, 2010, councilmembers from Posts 1 and 2 shall be elected. The councilmembers so elected shall be the successors to the councilmembers elected at the November, 2006, municipal elections. At the municipal election in November, 2012, the mayor and councilmembers from Posts 3, 4, and 5 shall be elected. The councilmembers so elected shall be the successors to the councilmembers elected at the November, 2008, municipal elections. The candidate receiving the highest number of votes for each post shall be elected."

SECTION 2. The governing authority of the City of Holly Springs shall cause, through its legal counsel, this Act to be submitted for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended, within 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.

SECTION 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 2010 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Holly Springs, approved March 18, 1980 (Ga. L. 1980, p. 3281) as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 3679), so as to provide that councilmembers shall be elected from designated posts; to provide for submission for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
This 4th day of February, 2010

GEORGIA LAWS 2010 SESSION
Representative Sean Jerguson District 22

3637

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Sean Jerguson, who on oath deposes and says that he is the Representative from District 22 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Cherokee Tribune which is the official organ of Cherokee County on February 7, 2010, 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 2010.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)

Approved May 28, 2010.

__________

CITY OF SAVANNAH AND CHATHAM COUNTY SCHOOL SYSTEM; QUALIFICATIONS FOR MEMBERS OF BOARD OF EDUCATION; TERMS OF OFFICE.

No. 522 (House Bill No. 1509).

AN ACT

To amend an Act relating to the school system of the City of Savannah and Chatham County, approved March 21, 1968 (Ga. L. 1968, p. 2636), as amended, so as to provide for additional qualifications for local board of education members; to revise provisions relating to terms of office; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.

3638

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act relating to the school system of the City of Savannah and Chatham County, approved March 21, 1968 (Ga. L. 1968, p. 2636), as amended, is amended by adding a new subsection to the end of Section 2 to read as follows:
"(c)(1) No person shall be eligible for election as a member of the board who has not been a resident of the election district which such person seeks to represent for at least 12 months. (2) No person who does not possess a high school diploma or a general educational development (GED) diploma shall be eligible for election to the board. (3) This subsection shall be applicable to persons elected or reelected in elections held after July 1, 2010."

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

"SECTION 3. (a) The president of the board of education in office on January 1, 2010, shall serve out the remainder of the term to which he was elected, such term expiring on December 31, 2010. At the general election in 2010 and every two years thereafter, the president shall be elected pursuant to this Act and shall serve for a term of two years and until his successor is elected and qualified and shall take office on January 1 immediately following his or her election. No president may succeed himself or herself in office more than twice. (b) The members of the board of education in office on January 1, 2010, representing Education Districts 1, 2, 3, and 7 shall serve out the remainder of the terms to which they were elected, such terms expiring on December 31, 2010. At the general election in 2010 and every two years thereafter, members of the board shall be elected from Education Districts 1, 2, 3, and 7 pursuant to this Act and shall serve for terms of two years and until their successors are elected and qualified and shall take office on January 1 immediately following their election. (c) The members of the board of education in office on January 1, 2010, representing Education Districts 4, 5, 6, and 8 shall serve out the remainder of the terms to which they were elected, such terms expiring on December 31, 2012. At the general election in 2012 and every two years thereafter, members of the board shall be elected from Education Districts 4, 5, 6, and 8 pursuant to this Act and shall serve for terms of two years and until their successors are elected and qualified and shall take office on January 1 immediately following their election. (d) All primaries and elections under this Act shall be held in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'"

GEORGIA LAWS 2010 SESSION

3639

SECTION 3. It shall be the duty of the attorney of the Board of Public Education for the City of Savannah and the County of Chatham to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2010 session of the General Assembly of Georgia, a bill to amend an Act relating to the school system of the City of Savannah and Chatham County, approved March 21, 1968 (GA L. 1968, Page 2636); and for other purposes.
This 30 day of March, 2010
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mickey Stephens, who on oath deposes and says that he is the Representative from District 161 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Savannah Morning News which is the official organ of Chatham County on March 31, 2010, and that the notice requirements of Code Section 28-1-14 have been met.
s/ MICKEY STEPHENS Mickey Stephens Representative, District 161
Sworn to and subscribed before me, this 13th day of April, 2010.
s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)
Approved May 28, 2010.

3640

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF POOLER MAYOR AND COUNCIL; TERMS OF OFFICE; REFERENDUM.

No. 523 (House Bill No. 1254).

AN ACT

To amend an Act to provide a new charter for the City of Pooler, approved May 17, 2004 (Ga. L. 2004, p. 3726), so as to provide for four-year terms for the mayor and councilmembers; to provide for a referendum; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to provide a new charter for the City of Pooler, approved May 17, 2004 (Ga. L. 2004, p. 3726), is amended by revising Sections 2.10 and 2.11 as follows:

"SECTION 2.10. City council creation; composition; number; election.

(a) The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and six councilmembers. (b) The mayor and councilmembers shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless he or she shall have been a resident of this city for 12 months immediately preceding the election of mayor or councilmembers; each such person shall continue to reside within the city during said period of service and shall be registered and qualified to vote in municipal elections of this city. No person's name shall be listed as a candidate on the ballot for election for either mayor or councilmember unless such person shall file a written notice with the clerk of said city that he or she desires his or her name to be placed on said ballot as a candidate either for mayor or councilmember. No person shall be eligible for the office of mayor or councilmember unless such person shall file above said notice within the time provided for in Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'

GEORGIA LAWS 2010 SESSION
SECTION 2.11. Elections.

3641

(a) At any election, all persons qualified under the Constitution and laws of the State of Georgia to vote for members of the General Assembly of Georgia and who are bona fide residents of said city shall be eligible to qualify as voters in the election. (b) All primaries and elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.' Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the 'Georgia Election Code.' (c) There shall be a municipal general election every four years on the Tuesday next following the first Monday in November of the last year of the term of the mayor and councilmembers. (d) The mayor and councilmembers in office on the effective date of this Act and any person selected to fill a vacancy in such office shall serve until the regular expiration of the term of office to which they were elected, which shall expire December 31, 2011, and until their successors are elected and qualified. Successors to such mayor and councilmembers shall be elected at the municipal general election on the Tuesday next following the first Monday in November, 2011. All future successors to such mayor and councilmembers 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 and shall serve for terms of office of four years each and until the respective successors are elected and qualified. (e) For the purpose of electing members of the council, the City of Pooler shall consist of one election district with six at-large seats."

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Pooler shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Pooler for approval or rejection. The election superintendent shall conduct that election on the date of the November, 2010, 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 Chatham County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which provides for four-year terms for the mayor ( ) NO and councilmembers of the City of Pooler?"
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

3642

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

effect on January 1, 2012. 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 City of Pooler. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is hereby given that there will be introduced at the regular 2010 session of the General Assembly of Georgia a bill to amend an Act to provide a new charter for the City of Pooler, approved May 17, 2004 (Ga. L. 2004, p. 3726), and for other purposes.
This 11th day of February, 2010.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ann Purcell, who on oath deposes and says that she is the Representative from District 159 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Savannah Morning News which is the official organ of Chatham County on February 13, 2010, and that the notice requirements of Code Section 28-1-14 have been met.
s/ ANN PURCELL Ann Purcell Representative, District 159
Sworn to and subscribed before me, this 18th day of February 2010.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved May 28, 2010.

GEORGIA LAWS 2010 SESSION
CATOOSA COUNTY BOARD OF UTILITIES COMMISSIONERS; QUALIFYING FOR ELECTION.

3643

No. 524 (House Bill No. 1080).

AN ACT

To amend an Act creating a board of utilities commissioners for Catoosa County, approved March 17, 1956 (Ga. L. 1956, p. 3499), as amended, so as to provide for a certain time period for qualifying for election to such board; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating a board of utilities commissioners for Catoosa County, approved March 17, 1956 (Ga. L. 1956, p. 3499), as amended, is amended by revising paragraph (3) of subsection (b) of Section 1 to read as follows:
"(3) The authority shall hold a meeting on the first Tuesday in October of the year preceding the year in which any member's term is ended for the purpose of electing a successor. The authority shall cause a public notice of the date, time, and place of such meeting to be published in the legal organ of Catoosa County once during the first week in September. Any person who is otherwise qualified to serve as a member of the authority may qualify for election by filing a written notice of candidacy, together with proof that such person is a consumer of authority services, during normal business hours from September 1 through September 8 preceding the meeting at which the election is held. Only those persons who submit a written notice of candidacy shall be eligible for election at such meeting."

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 2010 session of the General Assembly of Georgia a bill to amend an Act creating a Board of Utilities Commissioners for Catoosa County, approved March 17, 1956 (Ga. L. 1956, p. 3499), as amended; and for other purposes.
This 15th day of January, 2010

3644

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Representative Tom Weldon, Jr. District 3

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Weldon, who on oath deposes and says that he is the Representative from District 3 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Catoosa County News which is the official organ of Catoosa County on January 27, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

s/ TOM WELDON Tom Weldon Representative, District 3

Sworn to and subscribed before me, this 27th day of January 2010.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)

Approved May 28, 2010.

__________

CITY OF KINGSLAND CORPORATE LIMITS.

No. 525 (House Bill No. 1485).

AN ACT

To amend an Act incorporating the City of Kingsland, approved August 15, 1927 (Ga. L. 1927, p. 1241), as amended, so as to change the present corporate limits of such municipality and annex and incorporate certain additional land into said municipality; to repeal conflicting laws; and for other purposes.

GEORGIA LAWS 2010 SESSION BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

3645

SECTION 1. An Act incorporating the City of Kingsland, approved August 15, 1927 (Ga. L. 1927, p. 1241), as amended, is amended by adding immediately following Section 1C a new Section 1D to read as follows:
"SECTION 1D. In addition to any territory lying within the corporate limits of the City of Kingsland, such corporate limits shall also include the following:
That tract or parcel of land lying and being in the 32nd Georgia Militia District, Camden County; said tract or parcel containing 3.26 acres, more or less, known as Holzendorf Cemetery, lying and being approximately 2,300 feet due west of U.S. Highway 17 and 13,000 feet due north of Colerain Road and being further described as follows:
Commencing at or near the end point of an unnamed dirt road centerline thence N 2029'05" W a distance of 418.75' to a point; thence N 6414'44" E a distance of 316.43' to a point; thence S 2037'57" E a distance of 481.20' to a point; thence S 7532'27" W a distance of 318.09' to a point; which is the point of beginning."

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2010 session of the General Assembly of Georgia a bill to annex to the City of Kingsland 3.28 acres known as Holzendorf Cemetery, located west of U.S. 17 and north of Red Smith Road.
This 23rd day of March, 2010.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Cecily Hill, who on oath deposes and says that she is the Representative from District 180 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Tribune and Georgian which is the official organ of Camden County on March 26, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

3646

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
s/ CECILY HILL Cecily Hill Representative, District 180

Sworn to and subscribed before me, this 29th day of March 2010.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)

Approved May 28, 2010.

__________

CITY OF RINGGOLD CORPORATE LIMITS.

No. 526 (House Bill No. 1026).

AN ACT

To amend an Act providing a new charter for the City of Ringgold, approved May 6, 2009 (Ga. L. 2009, p. 3624), so as to 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 Ringgold, approved May 6, 2009 (Ga. L. 2009, p. 3624), is amended in Section 1.11 by adding a new subsection (c) to read as follows:
"(c) In addition to the present territory included within the corporate limits of the city, the corporate limits of the city shall include the following described road and right of way, all of which are located in Catoosa County, Georgia:
'All that tract or parcel of land lying and being in Catoosa County, Georgia, and consisting of the right of way of Georgia State Route 3/U.S. Highway No. 41 extending from a point on the right of way of Georgia State Route 3 100 feet northwest of the intersection of Georgia State Route 3/U.S. Highway No. 41 and Creeks Bend Dr. and then proceeding along Georgia State Route 3/U.S. Highway No. 41 in a southeasterly direction to its intersection with the Whitfield County, Georgia line.'

GEORGIA LAWS 2010 SESSION

3647

The reference to the road and right of way in this subsection specifically includes the current width of Georgia State Route 3/U.S. Highway No. 41 and its right of way."

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 be introduced at the regular 2010 session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Ringgold, approved May 6, 2009 (Ga.L.2009, p.3624), so as to extend the corporation limits of said city; to repeal conflicting laws; and for other purposes.
This 20th day of November, 2009.
Senator Jeff Mullis District 53
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Weldon, 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 December 2, 2009, and that the notice requirements of Code Section 28-1-14 have been met.
s/ TOM WELDON Tom Weldon Representative, District 3
Sworn to and subscribed before me, this 11th day of January 2010.
s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)

3648

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Approved May 28, 2010.

__________

CITY OF ROSWELL REDEVELOPMENT POWERS; REFERENDUM.

No. 527 (House Bill No. 1349).

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 of this 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 of the Constitution of the State of Georgia 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 a special 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 any permissible referendum date after the effective date of this Act but not later than the date of the 2011 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:

GEORGIA LAWS 2010 SESSION

3649

"( ) 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 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 following such election date. 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 2010 session of the General Assembly of Georgia a bill to authorize the City of Roswell to exercise all redevelopment 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 repeal conflicting laws; and for other purposes.
This 15th day of February, 2010.
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 Fulton Daily Report which is the official organ of

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Fulton County on February 19, 2010, 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 22nd day of February 2010.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)

Approved May 28, 2010.

__________

CITY OF ROSWELL MAYOR; TERM LIMITS.

No. 528 (House Bill No. 1299).

AN ACT

To amend an Act entitled "An Act to reincorporate the City of Roswell in the County of Fulton," approved April 19, 2000 (Ga. L. 2000, p. 3844), as amended, so as to provide that no person shall hold the office of mayor for more than three complete terms; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act entitled "An Act to reincorporate the City of Roswell in the County of Fulton," approved April 19, 2000 (Ga. L. 2000, p. 3844), as amended, is amended by revising Section 3.50 as follows:

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"SECTION 3.50. Terms of office.

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The terms of office for the city council shall begin on the first Monday in January following their election and shall continue for four years and until their successors are elected. No person who has been elected to three or more four-year terms of office as mayor shall be eligible for election to the office of mayor."

SECTION 2. It shall be the responsibility of the governing authority of the City of Roswell through its legal counsel to cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended.

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 2010 session of the General Assembly of Georgia a bill to amend an Act entitled "An Act to reincorporate the City of Roswell in the County of Fulton," approved April 19, 2000 (Ga. L. 2000, p. 3844), as amended, and for other purposes.
This 5th day of February, 2010
Representative Harry Geisinger District 49
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 49 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County on February 11, 2010, and that the notice requirements of Code Section 28-1-14 have been met.
s/ HARRY GEISINGER Harry Geisinger Representative, District 49

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Sworn to and subscribed before me, this 22nd day of February 2010.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)

Approved May 28, 2010.

__________

CITY OF ROYSTON HOMESTEAD EXEMPTION; CITY TAXES; 65 YEARS OF AGE OR OLDER; REFERENDUM.

No. 529 (House Bill No. 1498).

AN ACT

To provide for a homestead exemption from City of Royston 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 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 Royston, except for any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Senior citizen" means a person who is 65 years of age or older on or before January 1 of the year in which application for the exemption under subsection (b) of this section is made. (b) Each resident of the City of Royston who is a senior citizen is granted an exemption on that person's homestead from City of Royston ad valorem taxes for municipal purposes in

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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 such person or person's agent files an application with the governing authority of the City of Royston, or the designee thereof, giving such person's age and such additional information relative to receiving such exemption as will enable the governing authority of the City of Royston, 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 Royston, 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 Royston, 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 Royston 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, 2011.

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Royston 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 Royston for approval or rejection. The municipal election superintendent shall conduct that election on the date of the state-wide general election in November, 2010, 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 Franklin County. The ballot shall have written or printed thereon the words:

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"( ) YES Shall the Act be approved which provides a homestead exemption from City of Royston ad valorem taxes for municipal purposes in the amount of
( ) NO $10,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or older?"
All persons desiring to vote for approval of 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, 2011. 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 Royston. 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 2010 session of the General Assembly of Georgia a bill to provide for a homestead exemption from City of Royston 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 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 26th day of March, 2010.
/s/Alan Powell, State Representative
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Alan Powell, who on oath deposes and says that he is the Representative from District 29 and further deposes and says that the attached Notice of Intention to Introduce

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Local Legislation was published in the Franklin County Citizen which is the official organ of Franklin County on April 1, 2010, 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 12th day of April 2010.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)

Approved May 28, 2010.

__________

CITY OF LAVONIA CORPORATE LIMITS.

No. 530 (House Bill No. 1497).

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), by an Act approved May 17, 2004 (Ga. L. 2004, p. 4294), and by an Act approved May 13, 2008 (Ga. L. 2008, p. 4155), 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), by an Act approved May 17, 2004 (Ga. L. 2004, p. 4294), and by an Act approved May 13, 2008 (Ga. L. 2008, p. 4155), is amended by revising subsection (a) of Section 1.11 as follows:
"(a) The boundaries of this city shall be as described in:

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(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'; (5) 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 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'; and (6) 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 59, a/k/a/ West Avenue, extending from the present corporate limits of Lavonia located at the intersection of Georgia Highway 59 and Tiger Tail Road to a point 1,155 feet southwest along Georgia Highway 59 from the intersection of Georgia Highway 59 and Stone Bridge Road.' 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 of the 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."

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

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is hereby given that there will be introduced at the regular 2010 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 1st day of February, 2010
Mayor and Council City of Lavonia
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Alan Powell, who on oath deposes and says that he is the Representative from District 29 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Franklin County Citizen which is the official organ of Franklin County on February 4, 2010, 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 6th day of April 2010.
s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)
Approved May 28, 2010.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
FANNIN COUNTY MAGISTRATE COURT; CLERK; MANNER OF APPOINTMENT.

No. 531 (House Bill No. 1513).

AN ACT

To provide that the clerk of the Magistrate Court of Fannin County shall be appointed by and serve at the pleasure of the chief magistrate; to provide for related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. The clerk of the Magistrate Court of Fannin County shall be appointed by and serve at the pleasure of the chief magistrate.

SECTION 2. This Act shall become effective only if there is enacted into law at the 2010 session of the General Assembly a general law to provide that the General Assembly may at any time specify by local law who shall serve as clerk of magistrate court. If such a general law is so enacted, this Act shall become effective on the first day of the month following the month as of which both such general law and this Act have been approved by the Governor or have become 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 2010 session of the General Assembly of Georgia a bill to provide that the clerk of the Magistrate Court of Fannin County shall be appointed by and serve at the pleasure of the chief magistrate; to provide for related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes.
This 13 day of April, 2010.
Representative David Ralston District 7

GEORGIA LAWS 2010 SESSION GEORGIA, FULTON COUNTY

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Personally appeared before me, the undersigned authority, duly authorized to administer oaths, David Ralston, who on oath deposes and says that he is the Representative from District 7 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the News Observer which is the official organ of Fannin County on April 16, 2010, 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 19th day of April 2010.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)

Approved May 28, 2010.

__________

DOUGLASVILLE-DOUGLAS COUNTY WATER AND SEWER AUTHORITY BOARD OF DIRECTORS; DEFINITIONS; POWERS.

No. 532 (House Bill No. 1511).

AN ACT

To amend an Act entitled "An Act to create the Douglasville-Douglas County Water and Sewer Authority," approved March 7, 1985 (Ga. L. 1985, p. 3584), as amended, so as to amend the board of directors; to define certain terms; to provide certain powers of such authority; to provide for an immunity from tort action; to repeal conflicting laws; and for other purposes.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act entitled "An Act to create the Douglasville-Douglas County Water and Sewer Authority," approved March 7, 1985 (Ga. L. 1985, p. 3584), as amended, is amended by revising Section 3 as follows:

"SECTION 3. Douglasville-Douglas County Water and Sewer Authority.

(a) There is hereby created a public body corporation to be known as the Douglasville-Douglas County Water and Sewer Authority and by such 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 any of its officers, agents or employees. (b) The authority board of directors shall be composed of seven members, five to be appointed by mutual agreement and decision of the mayor of the City of Douglasville and the chairperson of the Douglas County Board of Commissioners. The mayor of the City of Douglasville and the chairperson of the Douglas County Board of Commissioners shall serve as ex officio members with full voting rights as members of the authority. The five appointed members of the authority shall be selected by the following method: the mayor of the City of Douglasville and the chairperson of the Douglas County Board of Commissioners shall each select ten prospective members, two each from each of the five general school districts in Douglas County as constituted on March 7, 1985. By mutual agreement and process of elimination, the mayor and the chairperson shall arrive at a total of five members, one from each of the five school districts, to serve staggered terms as follows: one member for one year, one member for two years, one member for three years, one member for four years, and one member for five years. After completion of the initial terms specified in this section, each term shall be for a period of five years. The mayor and chairperson shall be voting members of the board of directors by virtue of their elected positions without regard to length. Members appointed prior to the effective date of this subsection shall be considered as appointed in accordance with this section. At the end of the term of office of any member so appointed or in the event of death, removal, or resignation of any member prior to the conclusion of his or her term in office, the successor member shall be appointed on a rotating basis by either the mayor and council for the City of Douglasville or the Douglas County Board of Commissioners. Prior to the normal expiration of a member's term or within 45 days following the death, removal, or resignation prior to the completion of such member's term of office, the appointing body shall select a competent, qualified person to serve on the authority board of directors, who may be the individual whose term is expiring, provided the appointee is at least 21 years

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old, has been a resident of Douglas County for at least one year, is not an elected official, and is not an employee of the City of Douglasville, Douglas County, or the authority. If the appointing body fails to make a selection within the appropriate time period, the senior judge of the Superior Court of Douglas County shall provide his or her own selection within an additional 45 day period. Appointees to the authority shall represent the county at large, shall be appointed without regard to school districts, and shall be selected on the basis of competence and fair representation of the varied interests of the entire county. Normal terms for all appointed members of the authority board of directors shall commence on April 3 following appointment and terminate on April 2 of the year in which the term of office expires. If at the end of any term of office of any member a successor thereto shall not have been elected, then the member whose term of office shall have expired shall continue to hold office and be a full voting member until his or her successor shall be so elected. (c) Immediately after the passage of this Act and the appointment of the members by the governing bodies of the City of Douglasville and Douglas County, the members of the authority shall enter upon their duties, and, as soon as 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. Neither the mayor of the City of Douglasville nor the chairperson of the Douglas County Board of Commissioners shall serve as chairperson or vice chairperson of the authority. The members shall also elect a secretary and a treasurer, or a secretary-treasurer, who need not be members of the authority. An assistant secretary may also be elected at the discretion of the authority. Four members of the authority shall constitute a quorum. No vacancy on the authority shall impair the authority of the quorum to exercise the rights and powers of and perform all of the duties and obligations of the authority. The members of the authority shall receive the same expense allowance per day as that received by members of the General Assembly for each meeting of the authority actually attended as compensation for their services and 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. (d) Any appointed member of the board of directors of the authority who qualifies as a candidate for public office shall resign from the board at the time of his or her qualification. No member of the authority board of directors appointed to fill full or partial terms following the effective date of this subsection shall serve more than two consecutive terms, except the individuals elected as mayor of the City of Douglasville and chairperson of the Douglas County Board of Commissioners. (e) The members of the authority shall not be eligible to participate in any employee benefit plan, including, but not limited to, any insurance or retirement plan, which is sponsored in whole or in part by any county, city, or authority and which provides benefits to such members based upon their membership on the board of directors."

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 2. Said Act is further amended by revising Section 4 as follows:

"SECTION 4. Definitions.

As used in this Act, the term: (1) 'Authority' means the Douglasville-Douglas County Water and Sewer Authority created by Section 3 of 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, during, and for one year after completion of construction; the cost of engineering, architectural, fiscal and legal expenses, and of plans, specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project; administrative expense; and such other expenses as may be necessary or incident to the financing authorized in this Act, the cost of placing the project in operation, and the condemnation of property necessary for construction and operation. The cost of any project may also include a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, and such other reserves as may be reasonably required by the authority with respect to the financing and operating of its projects and as may be authorized by any bond resolution or trust agreement or indenture pursuant to the provisions of which the issuance of any bonds may be authorized. 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 the proceeds of revenue bonds issued under the provisions of this Act for such project. (3) 'Dog River Drainage Basin' means all that tract or parcel of land lying and being in the unincorporated area of Douglas County, Georgia, the boundaries of which are generally described as follows: BEGINNING at the point of intersection of the centerline of U. S. Highway 78 and the common boundary of Douglas County and Carroll County; proceeding thence in an easterly direction along the centerline of U. S. Highway 78 to its intersection with the centerline of Bright Star Road; proceeding thence in a southerly direction along the centerline of Bright Star Road to its intersection with the centerline of Central Church Road; proceeding thence in a southeasterly direction along the centerline of Central Church Road to its intersection with the centerline of Georgia Highway 5; proceeding thence in a southerly direction along the centerline of Georgia Highway 5 to its intersection with the centerline of Big A Road; proceeding thence in a southerly direction along the centerline of Big A Road to its intersection with the centerline of Georgia Highway 166; proceeding thence in an easterly direction along the centerline of Georgia Highway 166 to its intersection with the centerline of South River Road;

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proceeding thence in a southerly direction along the centerline of South River Road to its intersection with the northern land lot line of Land Lot 7 of the 3rd District and 5th Section of Douglas County, Georgia; proceeding thence west along said northern boundary of Land Lot 7 to the point which marks the common corner of Land Lots 7, 8, 13, and 14 of the 3rd District and 5th Section; proceeding thence south along the common boundary of Land Lots 7 and 14 to the point which marks the common corner of Land Lots 6, 7, 14, and 15 of the 3rd District and 5th Section; proceeding thence south along the common boundary of Land Lots 6 and 15 to its intersection with the centerline of the Chattahoochee River; proceeding thence in a southwesterly direction along the centerline of the Chattahoochee River to its intersection with the western boundary of Land Lot 17 of the 3rd District and 5th Section; proceeding thence north along the common boundary of Land Lot 17 and 30 to the point which marks the common corner of Land Lots 17, 18, 29, and 30 of the 3rd District and 5th Section; proceeding thence north along the common boundary of Land Lots 18 and 29 to its intersection with the centerline of Five Notch Road; proceeding thence in a northwesterly direction along the centerline of Five Notch Road to its intersection with the centerline of Georgia Highway 166; proceeding thence in a westerly direction along the centerline of Georgia Highway 166 to its intersection with the common boundary of Douglas County and Carroll County; and proceeding generally in a northerly direction along said Douglas County/Carroll County line to its intersection with the centerline of U. S. Highway 78 and the POINT OF BEGINNING. (4) 'Project' means and includes the planning, design, acquisition, construction, and management of systems, plants, reservoirs, works, instrumentalities, and property and all appurtenances thereto, including lands, easements, rights in land, water rights, contract rights, franchises, dams, reservoirs, pumping stations, treatment facilities, generating stations, detention and retention facilities, water mains, sanitary sewers, storm sewers, and drainage structures: (A) used or useful in connection with a water supply and distribution system; (B) used or useful in connection with a sanitary sewerage system; (C) used or useful in connection with a comprehensive storm-water management system; and (D) used or useful in connection with a water quality or water conservation program. (5) 'Revenue bonds' and 'bonds' means revenue bonds authorized to be issued pursuant to this Act. Revenue bonds may be issued by the authority as authorized in this Act without any other actions or proceedings. Nothing in this Act shall prohibit the authority from issuing other debt instruments permitted by law. (6) 'Self-liquidating' means a project where, in the sole judgement of the authority, the revenues and earnings to be derived by the authority therefrom, including, but not limited to, any contractual payments, and all properties used, leased, and sold in connection therewith, together with any grants, will be sufficient to pay the cost of operating, maintaining, repairing, improving, and extending the project and to pay the principal and interest of the revenue bonds which may be issued for the cost of such project or projects."

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SECTION 3. Said Act is further amended by revising Section 5 as follows:

"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, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights of easements therein or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue, and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the authority, the authority being under no obligation to accept and pay for any property condemned under this Act except from the funds provided under the authority of this Act, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceedings as may be just to the authority and to the owners of the property to be condemned, provided that 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 shall be deposited in trust to pay and redeem the fair value of such lien or encumbrance; (4) To enter into an agreement with the City of Douglasville, with Douglas County, or with any other political subdivision or municipal corporation of the state with respect to: (A) Acquiring a source of water supply; (B) Providing waste-water service; (C) Providing storm-water management services; (D) Preparing engineering data, plans, and specifications for a water, waste-water, or storm-water system or a combination of any such systems; (E) Extending water mains; (F) Apportioning the cost of constructing, extending, and maintaining a water, waste-water, or storm-water system or a combination of any such systems; (G) Providing for the testing and inspection of facilities constructed; (H) Providing for rates to be charged for water, waste-water, and storm-water services furnished to users and those benefitting from said system; (I) Providing for the reading of meters and keeping of pertinent records; and

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(J) Apportioning or designating the responsibility for any functions normally maintained by a water, waste-water, or storm-water system or a combination of any such systems at the most reasonable cost possible; (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 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 erected or acquired, and any and all persons, firms, and corporations and any and all political subdivisions, departments, institutions, or agencies of the state and all special districts and all municipal corporations located in Douglas County shall be authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable; and without limiting the generality of the above, authority is specifically granted to municipal corporations, special districts, and counties and to the authority to enter into contracts, lease agreements, or other undertakings relative to the furnishing of water, waste-water, and storm-water services and facilities, or any of them, by the authority to such municipal corporations, special districts, and counties for a term not exceeding 50 years. As to any political subdivision, department, institution, or agency of this state and all special districts and municipal corporations located in Douglas County which shall enter into an agreement under the authority granted herein or in paragraph (4) 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 and hereby is pledged; (7) In addition to and without limiting the generality of paragraph (6) of this section, the authority shall have the right to enter into contracts, agreements, leases, or other instruments necessary or convenient with any political subdivision, department, institution, or agency of this state and all special districts and municipal corporations located in Douglas County for the purpose of enabling the authority to perform any functions pertaining to the protection of the water, waste-water, and storm-water systems in Douglas County, Georgia, that may have been exercised by any such political subdivision, department, institution, or agency of this state and all special districts and municipal corporations located in Douglas County, including, but not limited to, the right to regulate, monitor, inspect, and repair water, and waste-water or storm-water systems and related appurtenances and facilities, pump stations, on-site sanitary sewerage facilities, septic tanks, grease traps, pretreatment facilities, retention and detention facilities, and any and all other related equipment, facilities, and systems; (8) To construct, erect, acquire, own, 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 authority or other debt instrument, revenues of the system, user fees, and any grant or payment from the United States of

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America or any agency or instrumentality thereof or from the State of Georgia or any agency, instrumentality, or political subdivision thereof; (9) To make loans with, and accept grants or loans 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; (10) To make loans with, and accept grants or loans of money, or materials or property of any kind from, the State of Georgia or any agency, instrumentality, or political subdivision thereof, upon such terms and conditions as the State of Georgia or such agency, instrumentality, or political subdivision may impose; (11) To borrow money for any of its corporate purposes, to issue negotiable revenue bonds payable solely from funds pledged for that purpose, to issue other debt provided by law, and to provide for the payment of the same and for the rights of the holders thereof; (12) To exercise any power usually possessed by private corporations performing similar functions, including the power to make short-term loans and to approve, execute, and deliver appropriate evidence of any such indebtedness, provided that no such power is in conflict with the Constitution or general laws of this state; (13) To inspect all on-site sewage disposal systems which have been installed on property for which the authority provides water service in the Dog River Drainage Basin for the purpose of ensuring the proper operation of such systems; to have the right of entry to go onto such property for the purposes of inspecting on-site sewage disposal systems and repairing such systems under the authority granted by this subsection; to recommend repairs to such systems which are necessary, in the opinion of the authority, to make such systems operate properly; to perform such repairs as the authority considers necessary to make such systems operate properly in the event that the property owner fails or refuses to perform the repairs recommended by the authority; to discontinue water service if determined, in the sole discretion of the authority, appropriate; to assess the cost of any repairs performed by the authority or its agents against the owner of the property on which such repairs were performed and to impose a lien for the costs of such repairs upon the real estate records of the Clerk of the Superior Court of Douglas County or to proceed with any other action to collect such sums; and to take any action in any court to enforce the provisions of this subsection; (14) To implement programs and regulations to protect water quality; (15) To implement programs and regulations for water conservation purposes; (16) To create, establish, acquire, operate, and control separate and distinct subsidiaries or affiliated entities, whether for profit or nonprofit, which shall maintain their own financial structures, rules and regulations, and assets and liabilities and which the authority determines to be consistent with and in furtherance of the purposes set forth in this Act and in the best interest of the authority; and

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(17) To do all things necessary or convenient to carry out the powers expressly given in this Act."

SECTION 4. Said Act is further amended by revising Section 5A as follows:

"SECTION 5A. Determinations of drainage.

The authority shall have the power to determine whether a parcel of real property is located within or outside the boundaries of the Dog River Drainage Basin and to determine whether the drainage from such parcel of real property flows within or outside the Dog River Drainage Basin. Such determinations shall be made upon the certification of a licensed Georgia professional engineer or hydrologist. If a parcel of real property which is determined to be located either within or outside the Dog River Drainage Basin drains into such basin, the authority shall be authorized to exercise those powers provided under paragraph (13) of Section 5 of this Act with respect to such parcel."

SECTION 5. Said Act is further amended by revising Section 6 as follows:

"SECTION 6. Financing projects.

The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created hereby, shall have power and is hereby authorized at one time, or from time to time, to borrow money for the purpose of paying all or any part of the cost of the project or any one or more projects and to provide by resolution for issuance of negotiable revenue bonds for that purpose. 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 mature at such time or times not exceeding 30 years from their date or dates, shall be payable in such a 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. The interest rate or rates to be borne by any bonds and the time of payment of such interest shall be fixed, and with respect to any interest rate which floats in response to a variable, the method of calculation shall be fixed by the authority in the resolution providing for the issuance of the bonds. Any bonds issued by the authority shall be exempt from all laws of the State of Georgia governing usury or prescribing or limiting interest rates to be borne by bonds or other

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obligations. Nothing in this Act shall limit the ability of the authority to issue other debt instruments provided by law."

SECTION 6. Said Act is further amended by revising Section 14 as follows:

"SECTION 14. Same; 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 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, special, or called meeting of the authority by a majority of the quorum as provided in this Act."

SECTION 7. Said Act is further amended by revising Section 24 as follows:

"SECTION 24. Moneys received considered trust funds.

All moneys received by the authority pursuant to this Act, whether as proceeds from the sale of revenue bonds, as proceeds of short term loans, 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 8. Said Act is further amended by revising Section 25 as follows:

"SECTION 25. Purpose of the authority.
Without limiting the generality of any provisions of this Act, the general purpose of the authority is declared to be that of acquiring, equipping, constructing, maintaining, and operating adequate water supply treatment and distribution facilities, waste-water collection and treatment facilities, and storm-water management facilities and making such facilities and the services thereof available to public and private consumers, users, and

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beneficiaries located in the City of Douglasville, Douglas County, and their environs, including municipalities within and without the said county and to adjoining counties; extending and improving such facilities; and doing all things deemed by the authority necessary, convenient, and desirable for and incident to the efficient and proper development and operation for such type of undertakings."

SECTION 9. Said Act is further amended by revising Section 26 as follows:

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

The authority is hereby authorized to prescribe and fix and collect rates, fees, tolls, or charges, and to revise from time to time and collect such rates, fees, tolls, or charges for the services, facilities, or 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 the water, waste-water, and storm-water systems, 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 10. Said Act is further amended by revising Section 26A as follows:

"SECTION 26A. The authority shall have the right to impose liens upon the real property of customers of the authority who receive service from the authority, either for water, waste-water, or storm-water services, and the aforesaid liens may be recorded upon the general execution docket maintained by the Clerk of the Superior Court of Douglas County, Georgia. The authority shall have all rights of recovery and collection against the property owner and the actual customer utilizing the services or receiving the benefits of the authority as shall be provided by law."

SECTION 11. Said Act is further amended by adding a new Section 30A to read as follows:

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"SECTION 30A. 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 private corporations on any contractual obligation of the authority."

SECTION 12. 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 2010 session of the General Assembly of Georgia a bill to amend an Act creating the Douglasville-Douglas County Water and Sewer Authority, approved March 7, 1985 (Ga. L. 1985, p. 3584), as amended, so as to amend the board of directors; to define certain terms; to provide certain powers of such authority; to provide for an immunity from tort action; to repeal conflicting laws; 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 April 14, 2010, and that the notice requirements of Code Section 28-1-14 have been met.
s/ BILL HEMBREE Bill Hembree Representative, District 67

GEORGIA LAWS 2010 SESSION
Sworn to and subscribed before me, this 14th day of April 2010.

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s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)

Approved May 28, 2010.

__________

CITY OF DECATUR REDEVELOPMENT POWERS; REFERENDUM.

No. 533 (Senate Bill No. 279).

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 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 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 of Decatur 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 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

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approval or rejection. The municipal election superintendent shall conduct that election on any permissible referendum date under Code Section 21-2-540 of the O.C.G.A., but not later than the 2010 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 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 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 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 given that there will be introduced at the regular 2009 session of the General Assembly of Georgia a bill 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 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
This 11th day of March 2009.

Senator David Adelman District 42

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GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, David Adelman, who on oath deposes and says that he is the Senator from District 42 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Champion which is the official organ of DeKalb County on March 19, 2009, and that the notice requirements of Code Section 28-1-14 have been met.

s/ DAVID ADELMAN David Adelman Senator, District 42

Sworn to and subscribed before me, this 23rd day of March 2009.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)

Approved May 28, 2010.

__________

CITY OF CLARKSTON MAYOR AND COUNCIL; ELECTION AND TERMS OF OFFICE; POWERS OF MAYOR; APPOINTMENT, QUALIFICATIONS; COMPENSATION, REMOVAL, FILLING OF VACANCY, POWERS, AND AUTHORITY OF CITY MANAGER.

No. 534 (House Bill No. 1507).

AN ACT

To amend an Act creating a new charter for the City of Clarkston, approved April 21, 1967 (Ga. L. 1967, p. 3391), as amended, so as to provide for certain powers of the mayor; to provide for the election and terms of the mayor and councilmembers; to provide for the appointment of a city manager, qualifications, compensation, removal, vacancy, powers, and council interference; to provide for submission for preclearance under Section 5 of the

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federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating a new charter for the City of Clarkston, approved April 21, 1967 (Ga. L. 1967, p. 3391), as amended, is amended by revising Section 2.03 as follows:

"SECTION 2.03. Mayor as presiding officer.

The mayor shall preside at meetings of the council, shall have a vote in case of a tie in any vote of the city council, and shall have veto power; the mayor shall have five days after meetings of the council in which to file with the clerk in writing his dissent, but the councilmembers may pass the ordinance, order, or resolution, notwithstanding the veto, by a vote of two-thirds of the councilmembers, to be taken by ayes and nays, and entered upon the minutes; shall be the ceremonial head of the city, shall sign ordinances and resolutions on their final passage; shall sign deeds, bonds, and contracts when authorized by the council to do so; shall be the officer to accept process against the city, and shall perform other duties imposed by this Act and by ordinances not inconsistent with this Act."

SECTION 2. Said Act is further amended by revising Section 2.01 as follows:

"SECTION 2.01. Election of Mayor and Councilmembers.

The person serving as mayor and the councilmembers serving on the effective date of this section shall continue to serve for the remainder of their terms and until their successors are duly elected and qualified. On the Tuesday next following the first Monday in 2011, and quadrennially thereafter, there shall be an election to elect the successors to the three councilmembers whose terms expire at the end of that year. On the Tuesday next following the first Monday in 2013, and quadrennially thereafter, there shall be an election to elect the mayor and the successors to the three councilmembers whose terms expire at the end of that year. The candidate for mayor receiving a majority of votes cast shall be elected mayor. The candidates for councilmembers receiving the greatest, second greatest, and third greatest number of votes cast for councilmembers shall be elected. Elections shall be conducted in accordance with Chapter 2 of Title 21, the Georgia Election Code."

GEORGIA LAWS 2010 SESSION
SECTION 3. Said Act is further amended by repealing in its entirety Section 2.09.

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SECTION 4. Said Act is further amended by revising Section 3.02 as follows:

"SECTION 3.02. City manager; appointment; qualifications; compensation;
removal; vacancy, powers' council interference.

(a) The city council shall appoint a city manager for an indefinite term and shall fix the city manager's compensation. The city manager shall be appointed solely on the basis of that person's executive and administrative qualifications. (b) The city manager is employed and terminable pursuant to the terms of a written employment contract to be entered into between the city and the city manager. (c) The mayor shall exercise the powers and perform the duties of city manager during the city manager's temporary absence or physical or mental disability. (d) The city manager shall be the chief executive and administrative officer of the city. The city manager shall be responsible to the city council for the administration of all city affairs placed in the city manager's charge by or under this charter. As the chief executive and administrative officer, the city manager shall:
(1) Appoint and, when the city manager deems it necessary for the good of the city, suspend or remove all city employees and administrative officers the city manager 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 for the chief of police and the police department and as otherwise provided by this charter or by law; (3) Attend all city council meetings, except for closed meetings held for the purposes of deliberating on the appointment, discipline, or removal of the city manager, and have the right to take part in discussion, but the city manager may not vote; (4) See that all laws, provisions of this charter, and acts of the city council, subject to enforcement by the city manager or by officers subject to the city manager's direction and supervision, are faithfully executed; (5) Prepare and submit the annual operating budget and capital budget to the city council; (6) Submit to the city council and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year;

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(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. (e) Except for the purpose of inquiries and investigations, the mayor and members of the city council shall deal with city officers and employees who are subject to the direction and supervision of the city manager solely through the city manager, and neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately."

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

SECTION 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 2010 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Clarkston, approved April 21, 1967 (Ga. L. 1967, p. 3391), as amended; and for other purposes.
This 25th day of March, 2010.
Representative Karla Drenner District 86
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 District 86 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

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County on March 25, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

s/ KARLA DRENNER Karla Drenner Representative, District 86

Sworn to and subscribed before me, this 13th day of April 2010.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)

Approved May 28, 2010.

__________

DEKALB COUNTY STATE COURT; FEES.

No. 535 (House Bill No. 1450).

AN ACT

To amend an Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County, approved February 14, 1951 (Ga. L. 1951, p. 2401), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4607), so as to change certain fees; to provide for certain fees; 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 DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County, approved February 14, 1951 (Ga. L. 1951, p. 2401), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4607), is amended by revising Section 11B and substituting in lieu thereof a new Section 11B to read as follows:

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"SECTION 11B. Each party filing a suit or proceeding of any character in the state court, for the services rendered by the clerk, shall deposit with the clerk of said court, except as provided for in this section, the costs, which includes the first judgment, fi. fa., and recording of same, for all suits or proceedings of any character, irrespective of how they shall be terminated, which shall be $65.00, plus all applicable fees. The sums provided in this section are exclusive of cost for service of process or other additional sums as may be provided by law. Cost for filing dispossessory and distress warrants shall be $57.00, plus all applicable fees, plus $10.00 for each defendant more than one which includes service. Each time a case is checked or continued and is stipulated back to the trial calendar, there shall be a fee of $10.00 as a stipulation fee, and the same shall be charged as part of the cost. Each time the case is stipulated to the calendar, said $10.00 is to accompany the letter of stipulation and in addition thereto shall be a certificate of service attached to said letter notifying the opposing party or the attorney of record.

In addition to the foregoing costs, the clerk of said court shall charge and collect costs as follows:
For filing and docketing each third-party complaint. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $10.00
For filing all motions subsequent to any complaint in any case. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.00
For filing and docketing scire facias each defendant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00
For verdict rendered more than one and docketing same. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.00
For each judgment more than one and docketing same. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.00
For affidavit to obtain alias fi fa and issuing same. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.00
For affidavit where no cause is pending.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.00 For certified copy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.00 For taking and approving supersedeas bond. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.00 For answering each writ of certiorari. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.00 For filing and docketing each appeal, civil or
criminal, and such fee shall be paid at the time of filing the notice of appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25.00 For preparation of record and transcript to the Supreme Court and Court of Appeals, per page. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.50

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Where a transcript of the evidence and proceedings is filed with the clerk and does not require recopying, the clerk shall not receive the fee herein prescribed with respect to such transcript but shall receive, for filing and transmission of such transcript, a fee of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.00
For entering judgment or remittitur from Supreme Court or Court of Appeals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.00
For certification or exemplification of record, including certificates and seals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.00
For clerks certificate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.00 For court seal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.00 For issuing subpoena, signed and sealed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.00 For filing and docketing each
writ of possession. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00 For filing and docketing each
additional summons of garnishment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00 For filing and docketing each traverse to
answer of garnishment.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00 For preparing Department of Public
Safety Letter. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.00 For providing uncertified computer or photocopies
of documents, per page. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50 For uncertified copies, if transmitted telephonically or
electronically, first page. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.50 For each page, after the first.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.00

MARSHAL

To provide for the services of the marshal, the following fees shall be charged: For serving copy of process or other pleading and
returning original, per copy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $25.00 For serving action from another county, including
second original.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25.00 For backing order. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13.00 For serving subpoena. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25.00 For each levy or writ of fieri facias. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25.00 For settling fi fa before sale of property.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13.00 For search and return of nulla bona. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13.00 For serving summons of garnishment or
plaintiffs traverse of garnishee.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25.00 For each arrest in civil cases.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25.00

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For taking and approving bond in any civil case, including forthcoming bond. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13.00
Commission on sales of property: On sums of $50.00 or less. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8% On excess above $50.00 up to $550.00. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6% For all sums exceeding $550.00, on excess. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3%
No commission shall be charged unless property is actually sold. For removing or storing or removing and storing property and
keeping and feeding animals, the cost shall be actual expense incurred. For making out and executing titles to land. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25.00
If presented by purchaser.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13.00 For executing bill of sale to personal property, when
demanded by purchaser. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13.00 For dispossessing tenant or intruder.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25.00 Provided, however, that the cost for serving any paper or proceeding not provided for in this Act shall be $25.00. All costs provided for under this section shall be paid to the clerk's office at the time of filing."

SECTION 2. This Act shall become effective on July 1, 2010.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is hereby given that there will be introduced at the regular 2010 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County, approved February 14, 1951 (Ga. Laws 1951, P. 2401), as amended; to repeal conflicting laws; and for other purposes.
This 11th day of February, 2010.
Chief Judge Edward E. Carriere, Jr. Judge J. Antonio DelCampo Judge Johnny Panos Judge Janis C. Gordon Judge Alvin T. Wong

GEORGIA LAWS 2010 SESSION
Judge Wayne M. Purdom Judge Barbara J. Mobley

3681

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 18, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

s/ MARY MARGARET OLIVER Mary Margaret Oliver Representative, District 83

Sworn to and subscribed before me, this 23rd day of February 2010.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)

Approved May 28, 2010.

__________

CITY OF DORAVILLE MUNICIPAL JUDGES; POWERS; MAYOR PRO TEMPORE; SELECTION; ELECTIONS; APPEALS.

No. 536 (House Bill No. 790).

AN ACT

To amend an Act creating a new charter for the City of Doraville, approved October 13, 1971 (Ga. L. 1971, Ex. Sess., p. 2154), as amended, particularly by an Act approved March 10, 1983 (Ga. L. 1983, p. 3581), so as to provide municipal judges with certain authorities regarding the sentencing of local offenders; to provide for the selection of the mayor-pro tem; to provide for municipal elections; to provide for appeals procedure for municipal court

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decisions; to provide that the city attorney may not serve as the municipal court judge; to provide for qualifying fees for municipal office; to provide for municipal elections; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating a new charter for the City of Doraville, approved October 13, 1971 (Ga. L. 1971, Ex. Sess., p. 2154), as amended, particularly by an Act approved March 10, 1983 (Ga. L. 1983, p. 3581), is amended by revising Section 2.04 as follows:

"Section 2.04. Mayor Pro-tem. The council at the first regular meeting in January of each year shall elect from its membership a Mayor Pro-tem for a term of one year. Upon the Council's failure to elect a Mayor Pro-tem at its first regular meeting in January of each year, the incumbent councilman not up for election at the previous election who received the highest number of votes, when last elected, shall be declared the Mayor Pro-tem. The Mayor Pro-tem shall perform the duties of the Mayor during his absence from the City or his disability."

SECTION 2. Said Act is further amended by revising Section 3.02 as follows:

"Section 3.02. Judge of Municipal Court. The Council shall elect a judge and make him presiding officer of said court. The judge so elected shall be a duly licensed attorney and a member of the State Bar of Georgia, shall serve at the pleasure of the Council, and his compensation shall be fixed by the Council. The Council shall appoint such other judges, meeting the same required qualifications as set out above, to serve in said municipal court as it shall deem necessary. Before entering on duties of his office, any judge of the municipal court shall take an oath before an officer duly authorized to administer oaths in this State, that he will truly, honestly and faithfully discharge the duties of his office to the best of his ability without fear, favor, or partiality. This oath shall be entered upon the minutes of the meeting of the Council."

SECTION 3. Said Act is further amended by revising Section 3.03 as follows:

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"Section 3.03. Powers; Maximum Penalty; Contempt. The judge of the municipal court shall have jurisdiction to try all offenses against the laws and ordinances of the City of Doraville and to punish violators of the same. Said court shall have the power to enforce its judgments by the imposition of such penalties as may be provided by law; to punish witnesses for nonattendance; and also to punish for contempt. The judge of municipal court shall have power and authority to impose fines for the violations of any law or ordinance of the City of Doraville passed in accordance with its charter consistent with the limitations provided for municipal corporations in O.C.G.A. Code Sections 36-32-5 and 36-35-6, or to sentence offenders to labor on the streets or other public works of the City of Doraville for not more than thirty (30) days. Said judge shall have the power and authority to impose any one or more of these punishments, when in the opinion of the court the facts justify it. Said court shall have the power to preserve order, compel the attendance of witnesses, compel the production of books and papers to be used as evidence, and to issue subpoenas for these purposes, and to issue such other processes as may be necessary to the proper administration of said Court, and to punish for contempt in a manner consistent with general law."

SECTION 4. Said Act is further amended by revising Section 3.05 as follows:

"Section 3.05. Right of Appeal. Be it further enacted, that the right of appeal and any bond as may be required to secure the costs on appeal to the Superior Court of DeKalb County from the municipal court shall lie in the same manner and under the same procedure as generally prescribed for appeals and appeal bonds from the Court of Ordinary. Provided, however, any person convicted of an offense shall have thirty (30) days to file his appeal. An appeal to the Superior Court shall be a de novo proceeding."

SECTION 5. Said Act is further amended by revising Section 5.08 as follows:
"(a) The mayor and councilmembers in office as of the effective date of this Act shall serve until the end of their current terms. The successors for the mayor and councilmembers currently serving shall be elected in the election held on the Tuesday following the first Monday of November in the year the terms for such mayor and councilmembers expire. Notwithstanding the provisions of this subsection, there shall be a municipal general election biennially in odd-numbered years on the Tuesday next following the first Monday in November. (b) There shall be elected the mayor and two members of the councilmembers at one election and at every other election thereafter. The remaining councilmember seats shall

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

be filled at the election alternating with the first election so that a continuing body is created. (c) There shall be three city election districts in the City of Doraville, and two councilmen shall represent each district, and shall reside in the district which they represent. The city election districts shall be as follows:
(1) District One shall consist of all that part of the city lying north and west of the Southern Railroad Main Line. (2) District Two shall consist of all the part of the city lying south and east of the Buford Highway, and south of Interstate Highway I-285. (3) 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 of Interstate Highway I-285. (d) Candidates for the district posts must live in the district which they seek to represent but all elections shall be at large in the City. (e) In instances where no candidate for mayor or for any council seat receives a majority of the votes cast at the election held on the first Tuesday following the first Monday in November, a runoff election shall be held between the two candidates receiving the highest number of votes in such election. Said runoff election shall be held in accordance with state law. The candidate for mayor or for any council seat receiving a majority of the votes cast in such runoff election shall be declared the winner."

SECTION 6. Said Act is further amended by revising Section 5.09 as follows:

"Section 5.09. Terms of Office. The terms of office of the Mayor and councilmen shall begin on the first day of January next succeeding the election, shall continue for four years and until their successors are elected and qualified."

SECTION 7. This Act shall become effective on January 1, 2011.

SECTION 8. All laws and parts of laws in conflict with this Act are repealed.

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Pursuant to Article IX, II, Paragraph II of the Constitution of the State of Georgia and O.C.G.A. 28-1-14, notice is given that there will be introduced at the regular 2009 session

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of the General Assembly of Georgia local legislation to adapt a Charter change for the City of Doraville to provide: authority for the judges of the municipal court to sentence local offenders to the maximum time of imprisonment allowed by state law; adjustment downward for state law compliance to the maximum fine allowed in municipal court; that the Mayor pro tem shall be elected by Council at the first regular meeting in January of each calendar year rather than in May; that municipal elections shall be held in November rather than April; modification of the timeframe for appeals of municipal court decisions from ten days to thirty; deletion of the provision that allows the City Attorney to serve as municipal court judge; amendment of sections governing qualification of electors as to residence; modification of bond provisions relating to surety notice before bond forfeiture; changes in the qualifying fees to run for local office to comport with state law; and otherwise readopt the Charter as may be necessary to effectuate these purposes; and all matter relative to the foregoing; to repeal conflicting laws; and for other purposes.

This 6th day of March, 2009. City of Doraville, Georgia By: Murray J. Weed City Attorney

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jill Chambers, who on oath deposes and says that she is the Representative from District 81 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Champion which is the official organ of DeKalb County on March 12, 2009, and that the notice requirements of Code Section 28-1-14 have been met.

s/ JILL CHAMBERS Jill Chambers Representative, District 81

Sworn to and subscribed before me, this 17th day of March 2009.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Approved May 28, 2010.

__________

CITY OF CHAMBLEE CORPORATE LIMITS; REFERENDUM.

No. 537 (House Bill No. 1122).

AN ACT

To amend an Act creating a new charter for the City of Chamblee, approved March 28, 1935 (Ga. L. 1935, p. 944), as amended, so as to change the corporate limits of the city; to provide for a referendum; to provide for related matters; to provide for automatic repeal and a contingent 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 Chamblee, approved March 28, 1935 (Ga. L. 1935, p. 944), as amended, is amended by annexing to the existing corporate limits of the City of Chamblee the following described territory:
Beginning on the northerly side of Peachtree Road at the point where the present northeastern portion of the original circular corporate limit line of the City intersects the northerly side of Peachtree Road, being the same point where the existing corporate limit line becomes a straight line and proceeds in an easterly direction along the northerly side of Peachtree Road, thence easterly along said existing corporate limit line to a point where said corporate limit line intersects Land Lot Line 309-310; thence northerly along Land Lot Line 309-310 to a point, said point being the common corner of Land Lots 309, 310, 322, and 323; thence northerly along Land Lot Line 322-323 to a point, said point being the common corner 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 of the 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 of Parsons 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 No. 18 334 1 168; 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 No. 18 334 1 168 and 18 334 1 142 to a point, said point being the property corner common to tracts or parcels

GEORGIA LAWS 2010 SESSION

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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, to a point along Land Lot Line 334-335, said point being the intersection of the aforesaid Land Lot Line 334-335 with the southerly right-of-way line of Interstate Highway 285; running thence in a northwesterly and westerly direction along the southern right- of-way line of Interstate Highway 285 to a point where the southern right-of-way line of Interstate Highway 285 intersects the western right-of-way line of Chamblee-Dunwoody Road; running thence southerly along the western right-of-way line of Chamblee-Dunwoody Road to a point where said right-of-way line would intersect the northern right-of-way line of Harts Mill Road, if the northern right-of-way line of Harts Mill Road was extended; thence easterly across Chamblee-Dunwoody Road and easterly, southeasterly and southerly along the present northern and eastern corporate limit line and along the portion of the original circular corporate limit line to the northerly side of Peachtree Road and the point of beginning.

SECTION 2. 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 territory sought to be annexed into the City of Chamblee under this Act for approval or rejection. The election superintendent shall conduct that election on the Tuesday after the first Monday in November in 2010 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 DeKalb County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which annexes certain land into the City of ( ) NO Chamblee?"
All persons desiring to vote for approval of the annexation shall vote "Yes," and all persons desiring to vote for rejection of the annexation shall vote "No." If more than one-half of the votes cast on such question are for approval of the annexation, then this Act shall become effective on January 1, 2011. If more than one-half of the votes cast on such question are for rejection of the annexation, 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 Chamblee. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

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

3688

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 2010 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Chamblee, approved March 28, 1935 (Ga. L. 1935, p. 944), as amended, so as to change the corporate limits of the city; to provide for a referendum; to provide for related matters; to provide for automatic repeal and a contingent effective date; and for other purposes.

This 21st day of January, 2010

Representative Fran Millar District 79

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Fran Millar, who on oath deposes and says that he is the Representative from District 79 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Champion which is the official organ of DeKalb County on January 21, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

s/ FRAN MILLAR Fran Millar Representative, District 79

Sworn to and subscribed before me, this 25th of January 2010.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)

Approved May 28, 2010.

__________

GEORGIA LAWS 2010 SESSION

3689

DECATUR COUNTY BOARD OF COMMISSIONERS; CHAIRPERSON AND VICE-CHAIRPERSON; MANNER OF SELECTION, SERVICE, POWERS, DUTIES, VOTING, AND REMOVAL FROM OFFICE.

No. 538 (House Bill No. 1281).

AN ACT

To amend an Act relating to the board of commissioners of Decatur County, approved March 4, 1935 (Ga. L. 1935 p. 630), as amended, particularly by an Act approved May 5, 2006 (Ga. L. 2006, p. 4639), so as to change provisions relating to the chairperson and vice-chairperson of the board and their selection, service, power, and duties; to change provisions relating to voting and removal from office of the chairperson and vice-chairperson; to provide an effective date Act; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act relating to the board of commissioners of Decatur County, approved March 4, 1935 (Ga. L. 1935 p. 630), as amended, particularly by an Act approved May 5, 2006 (Ga. L. 2006, p. 4639), is amended by revising Sections 6 and 7 as follows:
"Section 6. (a) All members of the board shall have the same authority and privileges. (b) A majority of the members of the board shall constitute a quorum for the transaction of all business which may come before it. A majority vote of the members present and voting on any matter shall be required for the commission to act affirmatively or negatively on the matter.

Section 7. (a) One member of the commission shall serve as chairperson for the board. The term of office for the chairperson shall begin on January 1, 2011, and on January 1 of each year thereafter. (b) The chairperson shall serve a term of one year, unless he or she resigns or is removed from the position of chairperson. (c) It shall be the duty of the chairperson to act as presiding officer at the meetings of the board, and he or she shall serve as the ceremonial head of the county government. It shall be the duty of the chairperson to represent the board in executing and carrying out any matter approved by the board. It shall be the duty of the chairperson to ensure effective, regular and harmonious communications among board members.

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(d) The chairperson shall have the privilege to vote on any matter coming before the board for its consideration, unless disqualified by interest or relationship. (e) In the event of absence or recusal of the chairperson, the vice-chairperson shall temporarily assume the duties of the chairperson. (f) In the event the chairperson is physically absent from four consecutive regularly scheduled board meetings, the office of chairperson shall be declared vacant. (g) In the event that the office of chairperson shall become vacant during the course of the year, the vice-chairperson shall serve as chairperson for the remainder of the term. (h) The position of chairperson shall be filled by the member of the board who was serving in the position of vice-chairperson on December 31 of the previous year, unless the chairperson on December 31 of the previous year had held the position for less than six months. If such event occurs, then the chairperson and vice-chairperson during the previous year shall remain in office until the next December 31. (i) The position of vice-chairperson shall be filled by the board member who has the greatest length of service on the board and has not previously served a full term as chairperson, unless all other members of the board have served a full term as vice-chairperson. (j) If two or more members have the same length of service on the board, the vice-chairperson shall be selected by lot from the eligible members. (k) The vice-chairperson shall serve a term of one year, beginning January 1 and ending December 31, unless he or she resigns or is removed from the position of vice-chairperson. (1) In the event the vice-chairperson is physically absent from four consecutive regularly scheduled board meetings, the office of vice-chairperson shall be declared vacant. (m) In the event that the office of vice-chairperson shall become vacant during the course of the year, the position of vice-chairperson shall be filled in the same manner as it would be on January l of each year. (n) In the event that the member serving as vice-chairperson will not be available or declines to serve as chairperson for the ensuing year, the position of chairperson shall be filled by the board member who has the greatest length of service on the board and has not previously served a full term as chairperson, unless all other members of the board have served a full term as vice-chairperson. (o) In the event that the member serving as vice-chairperson will not be available or declines to serve as chairperson for the ensuing year and two or more members have the same length of service on the board, the chairperson shall be selected by lot from the eligible members. (p) The chairperson or vice-chairperson may be removed from that office for any one or more of the following reasons: incompetence, misfeasance, or malfeasance in performing the duties of the office of chairperson or vice-chairperson, conviction of a crime of moral turpitude; or abandonment of office or neglect to perform the duties thereof. The removal of either officer shall require the affirmative vote of five commissioners."

GEORGIA LAWS 2010 SESSION
SECTION 2. This Act shall become effective on January 1, 2011.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

3691

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2010 session of the General Assembly of Georgia a bill to amend an Act relating to the board of commissioners of Decatur County, approved March 4, 1935 (Ga. L. 1935 p. 630), as amended, particularly by an Act approved May 5, 2006 (Ga. L. 2006, p. 4639), so as to change provisions relating to the chairperson and vice-chairperson of the board and their selection, service, power, and duties; to change provisions relating to voting and removal from office of the chairperson and vice-chairperson; to provide an effective date Act; to repeal conflicting laws; and for other purposes.
This 18th day of February, 2010.
/s/ Rep. Gene Maddox District 172
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gene Maddox, who on oath deposes and says that he is the Representative from District 172 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Post Searchlight which is the official organ of Decatur County on February 24, 2010, and that the notice requirements of Code Section 28-1-14 have been met.
s/ GENE MADDOX Gene Maddox Representative, District 172

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Sworn to and subscribed before me, this 8th day of March 2010.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)

Approved May 28, 2010.

__________

DAWSON COUNTY REDEVELOPMENT POWERS; REFERENDUM.

No. 539 (House Bill No. 1491).

AN ACT

To authorize Dawson 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. Dawson 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 Dawson 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 Dawson 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"; provided, however, that this authorization expressly excludes any powers of condemnation or eminent domain.

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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 a practicable date in 2010 authorized under O.C.G.A. Section 21-2-540 which shall be determined by resolution of the governing authority of Dawson County; provided, however, that if the conduction of the election on earlier authorized dates is impracticable, then the election superintendent shall conduct the election on the date of the November, 2010, 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 Dawson County. The ballot shall have written or printed thereon the words:

"( ) YES Shall the Act be approved which authorizes Dawson County to exercise redevelopment powers under the 'Redevelopment Powers Law,' as it may
( ) NO be amended from time to time?"
All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become of full force and effect immediately. If Section 1 of this Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by 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 2010 session of the General Assembly of Georgia a bill to authorize Dawson 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

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provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; and for other purposes.

This 25th day of February, 2010

Representative Amos Amerson District 9

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 Community News which is the official organ of Dawson County on March 17, 2010, 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 1st day of April 2010.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)

Approved May 28, 2010.

__________

GEORGIA LAWS 2010 SESSION

3695

DAWSON COUNTY HOMESTEAD EXEMPTION; COUNTY TAXES; 65 YEARS OF AGE OR OLDER OR DISABLED; INCOME REQUIREMENT; AMOUNT; REFERENDUM.

No. 540 (House Bill No. 1333).

AN ACT

To amend an Act providing 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, approved May 13, 2008 (Ga. L. 2008, p. 3871), so as to increase such exemption to $65,000.00 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 net income, excluding certain retirement income, does not exceed $50,000.00; 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 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, approved May 13, 2008 (Ga. L. 2008, p. 3871), is amended by revising paragraph (3) of subsection (a) of Section 1 as follows:
"(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."

SECTION 2. Said Act is further amended by revising subsection (b) of Section 1 as follows:
"(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 $65,000.00 of the assessed value of that homestead. The exemption under this subsection shall only be granted if that person's income, together with

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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."

SECTION 3. 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, 2010, 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 increases the current homestead exemption from Dawson County ad valorem taxes for county purposes for residents of that county who are disabled or who are 65 years of age or older from $60,000.00 to $65,000.00 and which changes the $50,000.00 income limitation from gross income to net income excluding certain retirement income?"

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, 2011. 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 Dawson 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 2009 session of the General Assembly of Georgia a bill to amend an Act providing a homestead exemption from Dawson

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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, approved May 13, 2008 (Ga. L. 2008, p.3871), so as to increase such exemption to $65,000.00 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 net income, excluding certain retirement income, does not exceed $50,000.00; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

This 5th day of February, 2010.

/s/ Amos Amerson Representative Amos Amerson District 9

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 Community News which is the official organ of Dawson County on February 10, 2010, 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 23rd day of February 2010.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)

Approved May 28, 2010.

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CITY OF NORCROSS MAYOR AND COUNCIL; MANNER OF ELECTION; REFERENDUM.

No. 550 (House Bill No. 1434).

AN ACT

To amend an Act providing a new charter for the City of Norcross, approved March 28, 1990 (Ga. L. 1990, p. 4934), as amended, so as to provide to provide that the mayor and councilmembers shall be elected by a plurality; to provide for a referendum; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; 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. To amend an Act providing a new charter for the City of Norcross, approved March 28, 1990 (Ga. L. 1990, p. 4934), as amended, is amended by revising Section 5.13 as follows:

"SECTION 5.13. Election by plurality.

The candidate for mayor who received the largest number of votes cast in each election and the candidates receiving the largest number of votes cast for the position of councilmember, be it two or three dependent upon the election cycle, in each election shall be elected for terms of office as provided for in Section 5.11."

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Norcross shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Norcross for approval or rejection. The municipal election superintendent shall conduct that election on the Tuesday after the first Monday in November, 2010, and shall issue the call and conduct that election as provided by general law. The municipal election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Gwinnett County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which provides that the mayor and city ( ) NO councilmembers shall be elected by a plurality?"

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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 Norcross. It shall be the municipal election superintendent's duty to certify the result thereof to the Secretary of State.

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

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2010 session of the General Assembly of Georgia a bill to amend an Act to reincorporate and provide a new charter for the City of Norcross in the County of Gwinnett, approved March 28, 1990 (Ga. L. 1990, p. 4934), as amended, so as to change the terms of the mayor and members of the city council; to provide for related matters; to provide for Voting Rights Act submission; to repeal conflicting laws; and for other purposes.
This 7th day of March, 2010.
Representative Pedro Marin District 96

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Pedro Marin, who on oath deposes and says that he is the Representative from District 96 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily Post which is the official organ of Gwinnett County on March 7, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

s/ PEDRO MARIN Pedro Marin Representative, District 96

Sworn to and subscribed before me, this 17th day of March 2010.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)

Approved June 2, 2010.

__________

CITY OF NORCROSS MAYOR AND COUNCIL; TERMS OF OFFICE; REFERENDUM.

No. 551 (House Bill No. 1427).

AN ACT

To amend an Act providing a new charter for the City of Norcross, approved March 28, 1990 (Ga. L. 1990, p. 4934), as amended, particularly by an Act approved April 5, 1993 (Ga. L. 1993, p. 4727), and by an Act approved March 25, 1996 (Ga. L. 1996, p. 3666), so as to change the terms of the mayor and city councilmembers; to provide for a referendum; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

GEORGIA LAWS 2010 SESSION BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

3701

SECTION 1. An Act providing a new charter for the City of Norcross, approved March 28, 1990 (Ga. L. 1990, p. 4934), as amended, particularly by an Act approved April 5, 1993 (Ga. L. 1993, p. 4727), and by an Act approved March 25, 1996 (Ga. L. 1996, p. 3666), is amended by revising Section 2.11 as follows:

"SECTION 2.11. Mayor and city council terms and qualification for office.

The mayor and city councilmembers shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless he or she is a qualified municipal voter. No person shall be eligible to serve as mayor or councilmember unless he or she is at least 18 years of age and has been a resident of the city for at least one year immediately prior to the date of his or her election. The mayor and each councilmember shall continue to reside in the city during their period of service."

SECTION 2. Said Act is further amended by revising Section 5.11 as follows:

"SECTION 5.11. Regular elections; time for holding.

(a) The mayor and councilmembers serving on the effective date of this Act shall remain in office until the normal expiration of their terms of office and until their successors are elected and qualified. (b) Successors to David McLeroy, Andrew Hixson, and Ross Kaul whose terms expire December 31, 2010, shall be elected on the Tuesday next following the first Monday in November of 2010 for a term of two years and until their successors are elected and qualified. (c) Successors to the mayor and those two councilmembers whose terms expire December 31, 2011, shall be elected on the Tuesday next following the first Monday in November of 2011 for a term of three years and until their successors are elected and qualified. (d) Successors to those three councilmembers whose terms expire December 31, 2012, shall be elected on the Tuesday next following the first Monday in November of 2012 and every four years thereafter and shall serve for terms of office of four years and until their successors are elected and qualified.

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(e) Successors to the mayor and those two councilmembers whose terms expire December 31, 2014, shall be elected on the Tuesday next following the first Monday in November of 2014 and every four years thereafter and shall serve for terms of office of four years and until their successors are elected and qualified."

SECTION 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Norcross shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Norcross for approval or rejection. The municipal election superintendent shall conduct that election on the Tuesday after the first Monday in November, 2010, and shall issue the call and conduct that election as provided by general law. The municipal election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Gwinnett County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which provides new terms for the mayor and city ( ) NO councilmember and staggers such terms?"
All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Sections 1 and 2 of this Act shall become of full force and effect immediately. If Sections 1 and 2 of this Act are not so approved or if the election is not conducted as provided in this section, Sections 1 and 2 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Norcross. It shall be the municipal election superintendent's duty to certify the result thereof to the Secretary of State.

SECTION 4. The governing authority of the City of Norcross shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.

SECTION 5. 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.

GEORGIA LAWS 2010 SESSION NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

3703

Notice is given that there will be introduced at the regular 2010 session of the General Assembly of Georgia a bill to amend an Act to reincorporate and provide a new charter for the City of Norcross in the County of Gwinnett, approved March 28, 1990 (Ga. L. 1990, p. 4934), as amended, so as to change the terms of the mayor and members of the city council; to provide for related matters; to provide for Voting Rights Act submission; to repeal conflicting laws; and for other purposes.

This 7th day of March, 2010.

Representative Pedro Marin District 96

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Pedro Marin, who on oath deposes and says that he is the Representative from District 96 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily Post which is the official organ of Gwinnett County on March 7, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

s/ PEDRO MARIN Pedro Marin Representative, District 96

Sworn to and subscribed before me, this 17th day of March 2010.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)

Approved June 2, 2010.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

PICKENS COUNTY BOARD OF COMMISSIONERS; CREATE; REFERENDUM.

No. 558 (House Bill No. 1341).

AN ACT

To create the Board of Commissioners of Pickens County; to provide for continuation of certain obligations and liabilities; to provide for the composition of the board; to provide for elections and terms of office; to provide for qualifications; to provide for commissioner districts; to provide for the appointment of a clerk; to provide for a county administrator or manager under certain circumstances; to provide for filling of vacancies; to provide for oaths of office and surety bonds; to provide for the compensation and expenses of the chairperson and members of the board; to provide for a vice chairperson; to provide for powers and duties of such officers; to provide for regular meetings, work sessions, and other meetings; to provide for the powers, duties, and authority of the chairperson and members of the board; to provide for formal bids for certain purchases; to provide for the appointment, removal, and compensation of employees and department heads; to provide for the preparation, submission, review, adoption, and amendment 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; to provide for the specific repeal of certain local Acts; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for referendums and the submission of questions related thereto to the electors of Pickens County; to provide for effective dates and automatic repeals; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I. SECTION 1-1.

There is created the Board of Commissioners of Pickens County to be elected and organized as provided for in this Act. The board of commissioners shall be the successor to the office of commissioner of Pickens County and shall continue to have the obligations and liabilities of the commissioner of Pickens County as existed immediately prior to January 1, 2013. The board of commissioners shall constitute the governing authority of Pickens 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 Pickens County, including the chairperson and all members.

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SECTION 1-2. (a) The board of commissioners of Pickens County shall consist of a chairperson and two district commissioners. The two district commissioners shall be residents of their respective commissioner districts as described in subsection (b) of this section, and shall be elected by the electors of their respective districts as provided in Section 1-3 of this Act. The chairperson shall be elected at-large as provided in Section 1-3 of this Act. (b) For the purpose of electing members of the board of commissioners, Pickens County shall be divided into two commissioner districts. One member of the board shall be elected from each such district. Commissioner Districts 1 and 2 shall be and correspond to those two numbered districts described in and attached to and made a part of this Act and further identified as Plan Name: pickcc10p3 Plan Type: Local User: Gina Administrator: Pickens. (c) When used in such attachment, the terms 'Tract' and 'BG' (Block Group) shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. The separate numeric designations in a Tract description which are underneath a 'BG' heading shall mean and describe individual Blocks within a Block Group as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. Any part of Pickens 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 Pickens 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 1-3. (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. (b) In order to be elected as a member of the board from a commissioner district, a person must be 21 years of age or older, must have resided in that district for at least 12 consecutive months prior to election thereto, and must receive a majority of the votes cast for that office by the electors of that district. At the time of qualifying, each candidate for such office shall specify the commissioner district for which that person is a candidate. A person elected as a member of the board from a commissioner district must continue to reside in that district during that person's term of office or that office shall thereupon become vacant. (c) The chairperson of the board must be 25 years of age or older, must have resided in Pickens County for at least 12 consecutive months prior to election to such office, may reside

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anywhere within Pickens County, and must receive a majority of the votes cast for such office by the electors of the entire county. The chairperson must continue to reside within Pickens County during that person's term of office or that office shall thereupon become vacant.

SECTION 1-4. (a) The first chairperson and members of the Board of Commissioners of Pickens County shall be elected at the November 2012 state-wide general election. The member of the board elected thereto from Commissioner District 1 in 2012 shall take office on the first day of January immediately following that election and shall serve for an initial term of office which shall expire on December 31, 2014, and upon the election and qualification of his or her successor. The chairperson and the member of the board elected thereto from Commissioner District 2 in 2012 shall take office on the first day of January immediately following that election and shall serve for initial terms of office which expire on December 31, 2016, and upon the election and qualification of their respective successors. Those and all future successors to the chairperson and members of the board whose terms of office are to expire shall be elected at the state-wide general election immediately preceding the expiration of such terms, shall take office on the first day of January immediately following that election, and shall serve for terms of office of four years. 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) The chairperson and 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) The commissioner of Pickens County who is in office on January 1, 2012, or any person filling a vacancy in such office, shall serve out the remainder of that person's term of office until the regular expiration of the term of office on December 31, 2012.

SECTION 1-5. (a) In the event of a vacancy occurring on or after January 1, 2013, in the membership of the board, whether the vacancy is in the office of chairperson or any other member, for any reason other than expiration of term, that vacancy shall be filled as provided in this section. (b) In the event a vacancy occurs on the board of commissioners when at least 180 days remain in the unexpired term of office, the election superintendent of Pickens County, within 15 days after the vacancy occurs, shall issue the call for a special election to fill the vacancy for the unexpired term. Such special election shall be called and conducted as provided in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended. Any person elected in a special election to fill such a vacancy shall take office immediately upon certification of the results of such special election and qualification. If such vacancy is in the office of chairperson of the board of commissioners, the vice chairperson of the board shall exercise the powers and duties of the chairperson for the

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period beginning on the date the vacancy occurs and ending on the date the successor chairperson takes office for the unexpired term following the special election provided for in this subsection. (c) In the event a vacancy occurs on the board of commissioners when less than 180 days remain in the unexpired term of office, the remaining members of the board of commissioners shall appoint a qualified person to fill the vacancy for the unexpired term. Any person appointed by the board to fill a vacancy as provided in this subsection shall possess the residency and other qualifications required for the office and shall take office immediately upon appointment and qualification. If such vacancy is in the office of chairperson of the board of commissioners, the vice chairperson of the board shall exercise the powers and duties of the chairperson for the period beginning on the date the vacancy occurs and ending on the date the successor chairperson takes office for the unexpired term following his or her appointment as provided for in this subsection.

SECTION 1-6. Before entering upon the discharge of their duties, the chairperson and commissioners shall subscribe an oath before the judge of the probate court of said county for the true and faithful performance of their duties and that they are not the holders of any public funds unaccounted for. In addition, the chairperson and each commissioner shall further give a satisfactory surety bond to the judge of the probate court of the county and payable to the judge of the probate court or that judge's successor in office and filed in the office of the judge of the probate court, in the sum of $10,000.00, conditioned upon the faithful performance of the duties of the office. The costs of said bonds shall be paid out of the county treasury.

SECTION 1-7. (a) Commissioners, other than the chairperson, shall serve in such capacity on a part-time basis and shall be paid a salary of $10,200.00 per year. Such compensation shall be paid in equal monthly installments from the funds of Pickens County. (b) The chairperson shall serve in such capacity on a full-time basis and shall be paid an annual salary equal to the annual salary of the highest paid elected county officer of Pickens County, plus an additional $1,200.00. For the purposes of this subsection, the term "county officer" shall mean only the tax commissioner, the judge of the probate court, the sheriff, or the clerk of superior court. The salary provided in this subsection shall be paid in equal monthly installments from the funds of Pickens County. The county shall furnish the chairperson with an appropriate automobile to be used by such chairperson in carrying out the official duties of the office. The automobile and the replacement cost thereof from time to time as well as the costs necessary to maintain and operate such automobile shall be paid from the funds of Pickens County. The chairperson shall be reimbursed from county funds for actual and necessary expenses incurred in carrying out the official duties of the office. The salary and expenses provided for in this subsection shall constitute the entire compensation to which the chairperson shall be entitled, to be paid from county funds.

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(c) The chairperson and the commissioners may be reimbursed for reasonable expenses incurred in carrying out their duties. Expenses may be reimbursed only after the submission of receipts or records of said expenses to the county clerk and approval by majority vote of the board of commissioners at a regularly scheduled meeting. The chairperson and commissioners shall be entitled to compensation for serving on any other boards or authorities for which their membership is provided by law. (d) At their own expense, the district commissioners may participate in county provided health, dental, and other health related programs and in county sponsored retirement programs. No county funds shall be spent on these programs for the benefit of the district commissioners. (e) Any commissioner who completes the Certified Commissioners Training program shall be entitled to an additional $100.00 per month. As an additional incentive, any commissioner who completes the Certified Commissioners Advanced Training program shall be entitled to receive $100.00 per month in addition to the $100.00 per month for completing the Certified Commissioners Training program.

SECTION 1-8. At the first regular meeting of each year, the board of commissioners shall elect from its members a vice chairperson. In the event of death, disqualification, or resignation of the chairperson, the vice chairperson shall perform the duties and exercise the authority of the chairperson until a new chairperson is chosen as provided in this Act. The vice chairperson shall preside at meetings of the board of commissioners in the absence of the chairperson and shall serve for the calendar year in which elected. 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 1-9. Each month, at the county seat, the board of commissioners shall hold a minimum of one regular meeting, preceded at least seven days prior by a minimum of one work session. All meetings, whether regular or work sessions, shall be open to the public and shall provide a time period exclusively for public comment. All regular meetings shall be held during evening hours. The time, date, and place of the meetings shall be determined by the board in the first meeting of the year. Any resolution passed by the board regarding the time, date, and place of its monthly meetings shall be published in the official county organ once a week for two weeks during a period of 30 days immediately following the passage of the resolution. The board of commissioners may hold such additional meetings as shall be necessary when called by the chairperson or any two commissioners, provided all members of the board of commissioners shall have been notified at least three days in advance of such special meeting which is open to the public. Two district commissioners or the chairperson and any one commissioner shall constitute a quorum. No official action shall be taken except upon the affirmative vote of at least two members of the board of commissioners and except

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upon compliance with Chapter 14 of Title 50 of the O.C.G.A., relating to open meetings. The chairperson shall be entitled to vote on a question only if the chairperson's vote would affect the outcome of any vote or issue before the board. The vice chairperson while serving as chairperson shall be entitled to vote on all matters before board. All regular and called meetings shall be conducted according to Robert's Rules of Order.

SECTION 1-10. The chairperson shall administer the affairs and day-to-day business of the county and preside over the meetings of the board of commissioners. The duties of the chairperson shall include, but shall not be limited to, the following:
(1) Calling meetings of the board as provided in Section 1-9 of this Act; (2) Preparing proposed agenda and presiding at meetings of the board; (3) Representing the county government at ceremonial functions; (4) Being empowered to submit motions, that are made and seconded by district commissioners, to the board of commissioners for action; (5) Appointing members and chairpersons to all committees of the board with the approval of the commission; and (6) Performing such other duties as shall be delegated to the chairperson by the board of commissioners or as provided by law or ordinance.

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

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(8) To establish, abolish, or change election precincts and militia districts according to law; (9) To accept, for the county, the provisions of any optional statute where the statute permits its acceptance by the governing authority of the county; (10) To exercise all powers, duty, and authority formerly imposed upon or vested in the commissioner of Pickens County in respect to zoning and planning; (11) To create and change the boundaries of special taxing districts authorized by law; (12) To fix the bonds of county officers where same are not fixed by statute; (13) To enact any ordinances or other legislation which the county may be given authority to enact; (14) To determine the priority of capital improvements; (15) To call elections for the voting of bonds; (16) To exercise all of the power and authority formerly vested by law in the commissioner of Pickens County together with the power and authority, which may be delegated by law to the governing authority of the county, by whatever name designated; (17) To appoint retained legal counsel and an independent county auditor and provide for their compensation; and (18) To require all county officers to report on the general or specific conduct of the financial affairs of their respective offices.

SECTION 1-12. Formal sealed bids shall be received for all purchases in amounts over the state limit for sealed bids unless the board of commissioners sets a lower limit. Advertisements for such bids shall be published for two consecutive weeks in the official organ of Pickens County. The need for such bids may be dispensed with by the board of commissioners if it decides that an emergency exists which will not permit a delay.

SECTION 1-13. The internal organization of the county government shall be established and altered by the board of commissioners. Existing departments may be abolished and their functions transferred to other departments, additional departments may be created, and any two or more departments may be consolidated.

SECTION 1-14. The board of commissioners shall appoint a clerk who shall keep a proper and accurate book of minutes. The book of minutes of the board of commissioners shall contain all the acts, orders, and proceedings of the board of commissioners in chronological order. The minutes book of the board of commissioners shall be open to the public for inspection at all times during regular office hours; and certified copies of any entries in the minutes book shall be furnished by the clerk to any person requesting same upon payment of a reasonable fee, to

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be paid into the county treasury as are other funds, to be assessed by the board of commissioners in an amount sufficient to defray the cost of preparing same.

SECTION 1-15. The chairperson shall submit annually to the board of commissioners a proposed budget governing expenditures of all county funds, including capital outlay and public works projects for the following fiscal year. The board of commissioners shall thereafter hold two public hearings at least seven days apart on the budget, giving notice thereof at least ten days in advance by publication of such notice and of the proposed budget in the official organ of Pickens County and by posting same at the courthouse door. The budget shall then be reviewed and adopted or amended by the board of commissioners prior to the beginning of the new fiscal year to which it applies, which budget, when so adopted or amended by the board of commissioners, shall constitute the board's appropriation of all funds for such year. The budget so adopted may be revised during the year only by formal action of the board of commissioners in a regular meeting, and no increase shall be made therein without provision also being made for financing same. The proposed budget submitted by the chairperson shall be accompanied by a report containing information and data relating to the financial affairs of the county pertinent to arriving at and establishing the annual budget. A copy of the budget and of each revision or amendment to same shall be transmitted by the chairperson to the grand jury of the Superior Court of Pickens County within ten days from the time such budget or amendment thereof is adopted by the board of commissioners. The board of commissioners may from time to time, upon a majority vote thereof, change the ending and beginning date of the fiscal year for the county or may operate on a calendar basis; provided, however, that in the event of such change, the budget shall be submitted at least two months prior to the beginning date of the next fiscal year or January 1, whichever shall apply, and shall be adopted at least one month prior to said beginning date. The procedures for budget preparation, submission to the governing authority, review by the governing authority, public review, notice, and hearings shall be as provided for in Chapter 81 of Title 36 of the O.C.G.A.

SECTION 1-16. No expenditures of county funds shall be made except in accordance with the county budget, or amendments thereto, adopted by the board of commissioners. The chairperson of the board of commissioners shall enforce compliance with this provision by all departments of county government and to this end shall institute a system of allotments of all moneys appropriated and budgeted.

SECTION 1-17. The board of commissioners shall on or before the final day of the month following the end of each fiscal year employ a certified public accountant for the making of an annual continuous audit of county finances and financial records. The accountant so employed shall

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be paid out of county funds and shall perform a complete audit of the financial records of the county for the preceding year, pointing out any irregularities found to exist, and reporting the results of such audit to the board of commissioners. The same person or firm shall not perform such audit for more than four consecutive annual periods. Each annual report submitted to the board of commissioners shall be made available for public inspection, as are other records in such office. The board of commissioners shall cause to be published in the official organ of Pickens County and posted at the courthouse door a statement of the financial condition of the county as of December 31 and June 30 of each year. Said accountant shall transmit to the grand jury of the Superior Court of Pickens County a copy of each annual report furnished by said accountant to the board of commissioners.

SECTION 1-18. An Act creating the office of commissioner of Pickens County, approved August 16, 1920 (Ga. Laws, p. 2066), and all amendatory Acts thereto are repealed in their entirety.

PART II. SECTION 2-1.

There is created the Board of Commissioners of Pickens County to be elected and organized as provided for in this Act. The board of commissioners shall be the successor to the office of commissioner of Pickens County and shall continue to have the obligations and liabilities of the commissioner of Pickens County as existed immediately prior to January 1, 2013. The board of commissioners shall constitute the governing authority of Pickens 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 Pickens County, including the chairperson and all members.

SECTION 2-2. (a) The board of commissioners of Pickens County shall consist of a chairperson and four district commissioners. The four district commissioners shall be residents of their respective commissioner districts described in subsection (b) of this section, and shall be elected by the electors of their respective districts as provided in Section 2-3 of this Act. The chairperson shall be elected at large as provided in Section 2-3 of this Act. (b) For the purpose of electing members of the board of commissioners, Pickens County shall be 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: pickcc10p2 Plan Type: Local User: Gina Administrator: Pickens. (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

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Census for the United States decennial census of 2000 for the State of Georgia. The separate numeric designations in a Tract description which are underneath a 'BG' heading shall mean and describe individual Blocks within a Block Group as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. Any part of Pickens 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 Pickens 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 2-3. (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. (b) In order to be elected as a member of the board from a commissioner district, a person must be 21 years of age or older, must have resided in that district for at least 12 consecutive months prior to election thereto, and must receive a majority of the votes cast for that office by the electors of that district. At the time of qualifying for district, each candidate for such office shall specify the commissioner district for which that person is a candidate. A person elected as a member of the board from a commissioner district must continue to reside in that district during that person's term of office or that office shall thereupon become vacant. (c) The chairperson of the board must be 25 years of age or older, must have resided in Pickens County for at least 12 consecutive months prior to election to such office, may reside anywhere within Pickens County, and must receive a majority of the votes cast for such office by the electors of the entire county. The chairperson must continue to reside within Pickens County during that person's term of office or that office shall thereupon become vacant.

SECTION 2-4. (a) The first chairperson and members of the Board of Commissioners of Pickens County shall be elected at the November 2012 state-wide general election. Those members of the board elected thereto from Commissioner Districts 1 and 3 in 2012 shall take office on the first day of January immediately following that election and shall serve for initial terms of office which shall expire on December 31, 2014, and upon the election and qualification of their respective successors. The chairperson and those members of the board elected thereto from Commissioner Districts 2 and 4 in 2012 shall take office on the first day of January

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immediately following that election and shall serve for initial terms of office which shall expire on December 31, 2016, and upon the election and qualification of their respective successors. Those and all future successors to the chairperson and members of the board whose terms of office are to expire shall be elected at the state-wide general election immediately preceding the expiration of such terms, shall take office on the first day of January immediately following that election, and shall serve for terms of office of four years. 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) The chairperson and 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) The commissioner of Pickens County who is in office on January 1, 2012, or any person filling a vacancy in such office, shall serve out the remainder of that person's term of office until the regular expiration of the term of office on December 31, 2012.

SECTION 2-5. (a) In the event of a vacancy occurring on or after January 1, 2013, in the membership of the board, whether the vacancy is in the office of chairperson or any other member, for any reason other than expiration of term, that vacancy shall be filled as provided in this section. (b) In the event a vacancy occurs on the board of commissioners when at least 180 days remain in the unexpired term of office, the election superintendent of Pickens County, within 15 days after the vacancy occurs, shall issue the call for a special election to fill the vacancy for the unexpired term. Such special election shall be called and conducted as provided in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended. Any person elected in a special election to fill such a vacancy shall take office immediately upon certification of the results of such special election and qualification. If such vacancy is in the office of chairperson of the board of commissioners, the vice chairperson of the board shall exercise the powers and duties of the chairperson for the period beginning on the date the vacancy occurs and ending on the date the successor chairperson takes office for the unexpired term following the special election provided for in this subsection. (c) In the event a vacancy occurs on the board of commissioners when less than 180 days remain in the unexpired term of office, the remaining members of the board of commissioners shall appoint a qualified person to fill the vacancy for the unexpired term. Any person appointed by the board to fill a vacancy as provided in this subsection shall possess the residency and other qualifications required for the office and shall take office immediately upon appointment and qualification. If such vacancy is in the office of chairperson of the board of commissioners, the vice chairperson of the board shall exercise the powers and duties of the chairperson for the period beginning on the date the vacancy occurs and ending on the date the successor chairperson takes office for the unexpired term following his or her appointment as provided for in this subsection.

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(d) A vice chairperson serving as chairperson shall not be authorized to vote as a member of the board of commissioners during such service unless the vice chairperson's vote would affect the outcome of any vote or issue before the board.

SECTION 2-6. Before entering upon the discharge of their duties, the chairperson and commissioners shall subscribe an oath before the judge of the probate court of said county for the true and faithful performance of their duties and that they are not the holders of any public funds unaccounted for. In addition, the chairperson and each commissioner shall further give a satisfactory surety bond to the judge of the probate court of the county and payable to the judge of the probate court or that judge's successor in office and filed in the office of the judge of the probate court, in the sum of $10,000.00, conditioned upon the faithful performance of the duties of the office. The costs of said bonds shall be paid out of the county treasury.

SECTION 2-7. (a) Commissioners, other than the chairperson, shall serve in such capacity on a part-time basis and shall be paid a salary of $10,200.00 per year. Such compensation shall be paid in equal monthly installments from the funds of Pickens County. (b) The chairperson shall serve in such capacity on a part-time basis and shall be paid a salary of $13,200.00 per year. Such compensation shall be paid in equal monthly installments from the funds of Pickens County. (c) The chairperson and the commissioners may be reimbursed for reasonable expenses incurred in carrying out their duties. Expenses may be reimbursed only after the submission of receipts or records of said expenses to the county clerk and approval by majority vote of the board of commissioners at a regularly scheduled meeting. The chairperson and commissioners shall be entitled to compensation for serving on any other boards or authorities for which their membership is provided by law. (d) At their own expense, the chairperson and the commissioners may participate in county provided health, dental, and other health related programs and in county sponsored retirement programs. No county funds will be spent on these programs for the benefit of the chairperson or the commissioners. (e) Any commissioner who completes the Certified Commissioners Training program shall be entitled to an additional $100.00 per month. As an additional incentive, any commissioner who completes the Certified Commissioners Advanced Training program shall be entitled to receive $100.00 per month in addition to the $100.00 per month for completing the Certified Commissioners Training program.

SECTION 2-8. At the first regular meeting of each year, the board of commissioners shall elect from its members a vice chairperson. In the event of death, disqualification, or resignation of the chairperson, the vice chairperson shall perform the duties and exercise the authority of the

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chairperson until a new chairperson is chosen as provided in this Act. The vice chairperson shall preside at meetings of the board of commissioners in the absence of the chairperson and shall serve for the calendar year in which elected. 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 2-9. Each month at the county seat the board of commissioners shall hold a minimum of one regular meeting, preceded at least seven days prior by a minimum of one work session. All meetings, whether regular or work sessions, shall be open to the public and shall provide a time period exclusively for public comment. All regular meetings shall be held during evening hours. The time, date, and place of the meetings shall be determined by the board in the first meeting of the year. Any resolution passed by the board regarding the time, date, and place of its monthly meetings shall be published in the official county organ once a week for two weeks during a period of 30 days immediately following the passage of the resolution. The board of commissioners may hold such additional meetings as shall be necessary when called by the chairperson or any three commissioners, provided all members of the board of commissioners shall have been notified at least three days in advance of such special meeting which is open to the public. Any three commissioners or the chairperson and any two commissioners shall constitute a quorum. No official action shall be taken except upon the affirmative vote of at least three members of the board of commissioners and except upon compliance with Chapter 14 of Title 50 of the O.C.G.A., relating to open meetings. The chairperson shall be entitled to vote on a question only if the chairperson's vote would affect the outcome of any vote or issue before the board. All regular and called meetings shall be conducted according to Robert's Rules of Order.

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

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SECTION 2-11. The board of commissioners shall have the power and authority to fix and establish, by appropriate resolution entered on its minutes, policies, rules, and regulations governing all matters reserved to its exclusive jurisdiction. Such policies, rules, and regulations, when so adopted with proper entry thereof made on the minutes of the board of commissioners, shall be conclusive and binding. The board of commissioners shall exercise only those administrative powers which are necessarily and properly incident to its functions as a policy-making or rule-making body or which are necessary to compel enforcement of its adopted resolutions. The following powers are vested in the board of commissioners and reserved to its exclusive jurisdiction:
(1) To levy taxes; (2) To make appropriations; (3) To fix rates and charges for services provided by the county; (4) To authorize the incurring of indebtedness; (5) To order work done where the cost is to be assessed against benefitted property and to fix the basis for such assessment; (6) To authorize and provide for the execution of contracts; (7) To establish, alter, open, close, build, repair, or abolish public roads, bridges, and ferries, according to law; provided, however, that the chairperson shall have the authority to accept subdivision plats when the requirements established by the board of commissioners for subdivisions have been met; (8) To establish, abolish, or change election precincts and militia districts according to law; (9) To accept for the county the provisions of any optional statute where the statute permits its acceptance by the governing authority of the county; (10) To exercise all powers, duty, and authority formerly imposed upon or vested in the commissioner of Pickens County in respect to zoning and planning; (11) To create and change the boundaries of special taxing districts authorized by law; (12) To fix the bonds of county officers where same are not fixed by statute; (13) To enact any ordinances or other legislation which the county may be given authority to enact; (14) To determine the priority of capital improvements; (15) To call elections for the voting of bonds; (16) To exercise all of the power and authority formerly vested by law in the commissioner of Pickens County together with the power and authority, which may be delegated by law to the governing authority of the county, by whatever name designated; (17) To appoint retained legal counsel and an independent county auditor and provide for their compensation; and (18) To require all county officers to report on the general or specific conduct of the financial affairs of their respective offices.

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SECTION 2-12. Formal sealed bids shall be received for all purchases in amounts over the state limit for sealed bids unless the Board of Commissioners sets a lower limit. Advertisements for such bids shall be published for two consecutive weeks in the official organ of Pickens County. The need for such bids may be dispensed with by the board of commissioners if it decides that an emergency exists which will not permit a delay.

SECTION 2-13. The internal organization of the county government shall be established and altered by the board of commissioners. Existing departments may be abolished and their functions transferred to other departments, additional departments may be created, and any two or more departments may be consolidated.

SECTION 2-14. The board of commissioners shall appoint a clerk, who shall keep a proper and accurate book of minutes. The book of minutes of the board of commissioners shall contain all the acts, orders, and proceedings of the board of commissioners in chronological order. The minutes book of the board of commissioners shall be open to the public for inspection at all times during regular office hours; and certified copies of any entries in the minutes book shall be furnished by the clerk to any person requesting same upon payment of a reasonable fee, to be paid into the county treasury as are other funds, to be assessed by the board of commissioners in an amount sufficient to defray the cost of preparing same.

SECTION 2-15. The office of county manager is created. The county manager shall be appointed by the board of commissioners and shall serve at the pleasure of the board of commissioners. Any person appointed as county manager shall possess a bachelor's degree in public administration or a related field and at least four years experience in county or city management and other such qualifications as determined by the board of commissioners and shall receive such compensation, expenses, and benefits as fixed by the board. In conformity with policies and procedures established by the board of commissioners, it shall be the duty of the county manager to administer the affairs and day-to-day business of the county, to perform duties of an administrative nature, and to exercise such powers and responsibilities which may be determined by the board and which are not assigned to another person, office, or entity by law or ordinance. The county manager shall not be an elected official of any county or municipality.

SECTION 2-16. The chairperson shall submit annually to the board of commissioners a proposed budget governing expenditures of all county funds, including capital outlay and public works projects for the following fiscal year. The board of commissioners shall thereafter hold two

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public hearings at least seven days apart on the budget, giving notice thereof at least ten days in advance by publication of such notice and of the proposed budget in the official organ of Pickens County and by posting same at the courthouse door. The budget shall then be reviewed and adopted or amended by the board of commissioners prior to the beginning of the new fiscal year to which it applies, which budget, when so adopted or amended by the board of commissioners, shall constitute the board's appropriation of all funds for such year. The budget so adopted may be revised during the year only by formal action of the board of commissioners in a regular meeting, and no increase shall be made therein without provision also being made for financing same. The proposed budget submitted by the chairperson shall be accompanied by a report containing information and data relating to the financial affairs of the county pertinent to arriving at and establishing the annual budget. A copy of the budget and of each revision or amendment to same shall be transmitted by the chairperson to the grand jury of the Superior Court of Pickens County within ten days from the time such budget or amendment thereof is adopted by the board of commissioners. The board of commissioners may from time to time, upon a majority vote thereof, change the ending and beginning date of the fiscal year for the county or may operate on a calendar basis; provided, however, that in the event of such change, the budget shall be submitted at least two months prior to the beginning date of the next fiscal year or January 1, whichever shall apply, and shall be adopted at least one month prior to said beginning date. The procedures for budget preparation, submission to the governing authority, review by the governing authority, public review, notice, and hearings shall be as provided for in Chapter 81 of Title 36 of the O.C.G.A.

SECTION 2-17. No expenditures of county funds shall be made except in accordance with the county budget, or amendments thereto, adopted by the board of commissioners. The chairperson of the board of commissioners and the county manager shall enforce compliance with this provision by all departments of county government and to this end shall institute a system of allotments of all moneys appropriated and budgeted.

SECTION 2-18. The board of commissioners shall on or before the final day of the month following the end of each fiscal year employ a certified public accountant for the making of an annual continuous audit of county finances and financial records. The accountant so employed shall be paid out of county funds and shall perform a complete audit of the financial records of the county for the preceding year, pointing out any irregularities found to exist, and reporting the results of such audit to the board of commissioners. The same person or firm shall not perform such audit for more than four consecutive annual periods. Each annual report submitted to the board of commissioners shall be made available for public inspection, as are other records in such office. The board of commissioners shall cause to be published in the official organ of Pickens County and posted at the courthouse door a statement of the

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financial condition of the county as of December 31 and June 30 of each year. Said accountant shall transmit to the grand jury of the Superior Court of Pickens County a copy of each annual report furnished by said accountant to the board of commissioners.

SECTION 2-19. An Act creating the office of commissioner of Pickens County, approved August 16, 1920 (Ga. Laws, p. 2066), and all amendatory Acts thereto are repealed in their entirety.

PART III. SECTION 3-1.

Unless otherwise prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Pickens County shall call and conduct an election on the date of the November 2010 state-wide general election as provided in this section for the purpose of submitting this Act to the electors of Pickens County for approval or rejection. 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 Pickens County. The ballot shall have written or printed thereon the words:
"QUESTION NO. 1

( ) YES ( ) NO

Shall the governing authority of Pickens County be changed from a sole commissioner to a three-member or five-member board of commissioners?
QUESTION NO. 2

If a majority of the votes cast on Question No. 1 are in favor of changing the form of the governing authority of Pickens County, select the form of the governing authority which you favor by placing a check (T) mark or (X) in the appropriate space below. Vote for only one of the options below:

OPTION 1 ________ A three-member board composed of two part-time members elected by
district and a full-time chairperson elected at-large.

OPTION 2 ________ A five-member board composed of four part-time members elected by
district and a part-time chairperson elected at-large with a full-time county manager."
No voter shall vote for more than one of the options in Question No. 2. All persons desiring to vote for approval of changing the form of the governing authority of Pickens County to either a board consisting of two members elected by district and a chairperson elected at large or a board consisting of four members elected by district and a chairperson elected

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at-large shall vote "Yes" on Question No. 1, and those persons desiring to vote against changing the form of the governing authority of Pickens County to either a board consisting of two members elected by district and a chairperson elected at-large or a board consisting of four members elected by district and a chairperson elected at-large shall vote "No" on Question No. 1. If more than one-half of the votes cast on Question No. 1 are for approval of changing the form of the governing authority of Pickens County to either a board consisting of two members elected by district and a chairperson elected at-large or a board consisting of four members elected by district and a chairperson elected at-large, then either Part I or II of this Act shall become effective as provided in this section; otherwise, neither Part I nor II shall become effective and this Act shall be automatically repealed on the first day of January following that election date. If more than one-half of the votes cast on Question No. 1 are for approval of changing the form of government of Pickens County to either a board consisting of two members elected by district and a chairperson elected at-large or a board consisting of four members elected by district and a chairperson elected at-large and more than one-half of the votes cast on Question No. 2 are cast in favor of Option 1 or there is a tie vote between Option 1 and Option 2, then Part I of this Act shall become effective on January 1, 2012, and Part II of this Act shall be automatically repealed on January 1, 2012. If more than one-half of the votes cast on Question No. 1 are for approval of changing the form of government of Pickens County to either a board consisting of two members elected by district and a chairperson elected at-large or a board consisting of four members elected by district and a chairperson elected at-large and more than one-half of the votes cast on Question No. 2 are cast in favor of Option 2, then Part II of this Act shall become effective on January 1, 2012, and Part I of this Act shall be automatically repealed on January 1, 2012. The expense of such election shall be borne by Pickens County. It shall be the duty of the election superintendent to certify the results thereof to the Secretary of State.

SECTION 3-2. It shall be the duty of the attorney for the governing authority of Pickens County to submit this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended.

SECTION 3-3. Except as otherwise provided in Section 3-1 of this Act, this Act shall become effective upon its approval by the Governor or its becoming law without such approval.

SECTION 3-4. All laws and parts of laws in conflict with this Act are repealed.

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Plan Name: pickcc10p3 Plan Type: Local User: Gina Administrator: Pickens

Redistricting Plan Components Report

District 001 Pickens County
Tract: 502 BG: 3 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 3085 3086 3087 BG: 4 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 Tract: 503 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 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 1074 1075 1076 1077 1078 1079 1080 1081 1084 1998 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 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 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2999 Tract: 504 Tract: 505 Tract: 506 BG: 2 2013 2014 2015 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 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

BG: 4

GEORGIA LAWS 2010 SESSION

District 002 Pickens County
Tract: 501 Tract: 502 BG: 1 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 3034 3035 3036 3037 3038 3039 3040 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3088 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 4053 4054 Tract: 503 BG: 1 1047 1082 1083 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 BG: 2 2049 2050 2051 2052 2053 Tract: 506 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 BG: 3 3009 3030 3031

Plan Name: pickcc10p2 Plan Type: Local User: Gina Administrator: Pickens

Redistricting Plan Components Report

District 001 Pickens County
Tract: 502 BG: 3 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052

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3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3085 3086 3087 BG: 4 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 Tract: 503 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 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 1074 1075 1076 1077 1078 1079 1080 1081 1084 1998 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 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 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2999 Tract: 504 BG: 1 1000 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2012 2013 2014 2015 2016 2017 2018 2057 2058 Tract: 505 BG: 1 1000 1001 1002 1004 1005 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2041 2042 2051 2053 2054 2055 Tract: 506 BG: 3 3034 3035 3037

GEORGIA LAWS 2010 SESSION
District 002 Pickens County
Tract: 504 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 BG: 2 2008 2009 2010 2011 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 2059 2060 2061 2999 Tract: 505 BG: 1 1003 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 BG: 2 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2043 2044 2045 2046 2047 2048 2049 2050 2052 2056 2057 2058 Tract: 506 BG: 2 2013 2014 2015 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 3032 3033 3036 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 BG: 4
District 003 Pickens County
Tract: 502 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1039 1049 1054 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011

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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 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3088 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 4053 4054 Tract: 503 BG: 1 1047 1082 1083 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 BG: 2 2049 2050 2051 2052 2053 Tract: 506 BG: 2 2003 2007 2008 2009 2010 2012 BG: 3 3030 3031

District 004 Pickens County
Tract: 501 Tract: 502 BG: 1 1037 1038 1040 1041 1042 1043 1044 1045 1046 1047 1048 1050 1051 1052 1053 1055 Tract: 506 BG: 1 BG: 2 2000 2001 2002 2004 2005 2006 2011 BG: 3 3009

NOTICE Notice is hereby given that a bill will be introduced in the 2010 regular session of the Georgia General Assembly to change the form of government for Pickens County; and for other purposes.

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Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Graves, who on oath deposes and says that he is the Representative from District 12 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Pickens County Progress which is the official organ of Pickens County on February 4, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

s/ TOM GRAVES Tom Graves Representative, District 12

Sworn to and subscribed before me, this 18th day of February 2010.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)

Approved June 2, 2010.

__________

CITY OF BYRON CORPORATE LIMITS.

No. 559 (House Bill No. 1484).

AN ACT

To amend an Act providing a new charter for the City of Byron, approved February 13, 1941 (Ga. L. 1941, p. 1210), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 3770), so as to change the corporate limits of the City of Byron; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. An Act providing a new charter for the City of Byron, approved February 13, 1941 (Ga. L. 1941, p. 1210), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 3770), is amended by revising paragraph (2) of Section 2.1 as follows:
"(2) That portion of Dunbar Road which has as its proximal end the Eastern Right-of-Way of Interstate Highway No. 75 and in the present corporate limits of Byron, Georgia and in Land Lots 31 and 32 of the Fifth Land District and extending due East in Land Lots 31 and 32 and Land Lots 48 and 47 of the Fifth District of Peach County having its distal end the West Boundary of the right of way of U.S. Highway 41; the Northern boundary being the property of United States of America (USDA Southeastern Regional Fruit and Nut Research Facility)."

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
STATE OF GEORGIA COUNTY OF PEACH
NOTICE is hereby given that there will be introduced at the Regular 2010 Session of the General Assembly a Bill to Amend an Act Creating a New Charter for the CITY OF BYRON, approved, February 13, 1941, (Georgia Laws 1941, Page 1210), as amended, so as to make a technical correction to an annexation description contained in House Bill 748, Act no. 73, approved on April 13, 2001; and for other purposes.
This 12th day of March, 2010.
Tony Sellier State Representative District Number 136
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tony Sellier, who on oath deposes and says that he is the Representative from

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District 136 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Leader Tribune which is the official organ of Peach County on March 17, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

s/ TONY SELLIER Tony Sellier Representative, District 136

Sworn to and subscribed before me, this 30th day of March 2010.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)

Approved June 2, 2010.

__________

CITY OF TEMPLE NEW CHARTER.

No. 560 (House Bill No. 1156).

AN ACT

To provide a new charter for the City of Temple; 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 a mayor pro tempore; to provide for departments, boards, commissions, and authorities; to provide for a city administrator, a city attorney, a city clerk, and other personnel; to provide for a municipal court and the judge or judges thereof; to provide for jurisdiction, practices, and procedures; to provide for elections; 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 and lease of property; to provide for bonds for officials; to provide for

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

prior ordinances; to provide for existing personnel and officers; to provide for pending matters; to provide for penalties; to provide for construction; to provide for other matters relative to the foregoing; to provide for severability; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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 Temple, Georgia, and by that name shall have perpetual succession.

SECTION 1.11. Corporate boundaries.

(a) The boundaries of this city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The boundaries of this city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the city clerk of the City of Temple and to be designated, as the case may be: "Official Map (or Description) of the corporate limits of the City of Temple, 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.

The powers of this city shall include, but are not limited to, the power: (1) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances;

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(2) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (3) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; and to regulate all housing and building trades; (4) Business regulation and taxation. To levy and to provide for 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 utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other applicable laws as are now or may hereafter be enacted; (6) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (7) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists inside or outside the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (8) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of the state through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (9) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business in the city benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (11) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards;

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

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(25) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (26) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, and charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detention, penal, and medical institutions, agencies, and facilities; and to provide any other public improvements, inside or outside the corporate limits of the city; and to regulate the use of public improvements; (27) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (28) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (29) Public utilities and services. To grant franchises or make contracts for or impose taxes on public utilities and public service companies and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Georgia Public Service Commission; (30) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads within the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (31) Retirement. To provide and maintain a retirement plan for employees of the city; (32) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (33) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system; 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; to regulate the collection and disposal of garbage, rubbish, and refuse by others;

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and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; (35) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of any intoxicating liquors, and the use and sale of firearms in accordance with state law and the Second Amendment to the United States Constitution; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortune telling, palmistry, adult bookstores, and massage parlors; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (37) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (38) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; (39) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (40) Urban redevelopment. To organize and operate an urban redevelopment program; and (41) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated in this charter; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.

SECTION 1.13. Exercise of powers.

All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes

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no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.

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

The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and five councilmembers. The city council established shall in all respects be a successor to and continuation of the city governing authority under prior law. The mayor and councilmembers shall be elected in the manner provided by general law and this charter. The mayor and councilmembers shall be elected at large by the qualified voters of the city.

SECTION 2.11. City council terms and qualifications for office.

The members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the city for 12 months prior to the date of the election of mayor or members of the council. For purposes of electing members of the city council, other than the mayor, the City of Temple is divided into five city council districts which shall be until changed in the future the same as those existing prior to the enactment of this charter and specifically shall until changed be as provided in the amendment to the former charter which was approved May 14, 2003 (Ga. L. 2003, p. 3540). Each candidate for councilmember must be a resident of the city council district he or she seeks to represent, but councilmembers shall be elected at large. The mayor shall continue to reside in the city during the period of service and to be registered and qualified to vote in municipal elections of this city; and each councilmember shall continue to reside in the district from which elected during the period of service and to be registered and qualified to vote in municipal elections of the city. All candidates must be at least 21 years of age.

SECTION 2.12. Vacancy; filling of vacancies; suspensions.

(a) Vacancies - The office of mayor or councilmember shall become vacant upon the occurrence of any event specified by the Constitution of the State of Georgia, Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted.

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(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 of a majority of the remaining councilmembers if less than 12 months remain in the unexpired term, otherwise by an election, as provided for in Section 5.14 of this charter and in accordance with Titles 21 and 45 of the O.C.G.A. or such other laws as are or may hereafter be enacted. This provision 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.

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

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

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

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(2) Any officer or employee of the city who shall forfeit that person's office or position as described in paragraph (1) of this subsection shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter.

SECTION 2.15. Inquiries and investigations.

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

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

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

SECTION 2.17. Reserved.

SECTION 2.18. Organizational meetings.

The city council shall hold an organizational meeting on the first Monday of each year or on the second Monday, in the event that the first Monday falls on a holiday. The meeting shall be called to order by the city clerk and the oath of office shall be administered to the newly elected members as follows:
"I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (councilmember) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and the United States of America."

SECTION 2.19. Regular and special meetings.

(a) The city council shall hold regular meetings at such times and places as shall be prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or three members of the city council. Notice of such special meetings shall be served on all other members

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personally, or by telephone personally, at least 24 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law, and notice to the public of special meetings shall be made as fully as is reasonably possible as provided by Code Section 50-14-1 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted.

SECTION 2.20. Rules 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 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 shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three councilmembers shall be required for the adoption of any ordinance, resolution, or motion.

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 Temple..." 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

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by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided for in Section 2.24 of this charter. Upon introduction of any ordinance, the city clerk shall as soon as possible distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the city clerk and at such other public places as the city council may designate. (c) The requirement that an ordinance be read at two consecutive meetings may be waived by a majority vote of the city council in the event of an emergency as defined in Section 2.24 of this charter.

SECTION 2.23. Action requiring an ordinance.

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

SECTION 2.24. Emergencies.

(a) To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or three councilmembers and promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least three councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. (b) Such meetings shall be open to the public to the extent required by law and notice to the public of emergency meetings shall be made as fully as is reasonably possible in accordance with Code Section 50-14-1 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted.

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SECTION 2.25. Codes of technical regulations.

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(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 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 clerk's signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the city council. (b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as "The Code of the City of Temple, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city and made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code. (d) The city council may by ordinance provide for the electronic distribution of ordinances and the code of the City of Temple.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2.27. City administrator; appointment;
qualifications; compensation.

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

SECTION 2.28. Removal of city administrator.

The city administrator is employed at will and may be summarily removed from office at any time by the city council.

SECTION 2.29. Reserved.

SECTION 2.30. Powers and duties of the city administrator.

The city administrator shall be responsible to the city council for the administration of all city affairs placed in the administator's charge by or under this charter. The city administrator shall:
(1) Recommend appointments to the mayor and city council and, when the city administrator deems it necessary for the good of the city, recommend to the mayor and city council the suspension or removal of any city employee or administrative officer, except as otherwise provided by law or personnel ordinances adopted pursuant to this charter. The city administrator may authorize any administrative officer who is subject to the administrator's direction and supervision to exercise these powers with respect to subordinates in that officer's department, office, or agency; (2) Direct and supervise the administration of all departments, offices, and agencies of the city, except as otherwise provided by this charter or by law; (3) Attend all city council meetings, except for closed meetings held for the purposes of deliberating on the appointment, discipline, or removal of the city administrator, and have the right to take part in discussion, but not vote; (4) See that all laws, provisions of this charter, and acts of the city council, subject to enforcement by the city administrator or by officers subject to the administrator'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;

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(7) Make such other reports as the city council may require concerning the operations of city departments, offices, and agencies subject to the city administrator'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 administrator deems desirable; and (9) Perform other such duties as are specified in this charter or as may be required by the city council.

SECTION 2.31. Council's interference with administration.

Except for the purpose of inquiries and investigations under Section 2.15 of this charter, the city council or its members shall not interfere with city officers and employees who are subject to the direction and supervision of the city administrator and shall deal with such officers and employees first through the city administrator; and, if the mayor or city council is unable to reach an agreement with the city administrator, the mayor or city council may use their own discretion accordingly.

SECTION 2.32. Selection of mayor pro tempore.

At the organizational meeting each year, the city council shall elect, by a majority vote of all its members, a councilmember to serve as mayor pro tempore, who shall serve at the pleasure of the city council. The councilmember so elected shall continue to vote and otherwise participate as a councilmember.

SECTION 2.33. Mayor pro tempore.

During the absence or physical or mental disability of the mayor for any cause, the mayor pro tempore, or in the mayor pro tempore's absence or disability for any reason, any one of the councilmembers chosen by a majority vote of the city council, shall be clothed with all the rights and privileges of the mayor and shall perform the duties of the office of the mayor so long as such absence or disability shall continue. Any such absence or disability shall be declared by majority vote of all councilmembers. The mayor pro tempore or selected councilmember shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest as provided in Section 2.14 of this charter. During the mayor's disability or absence, the mayor pro tempore shall continue to vote as a councilmember and but shall exercise the mayor's prerogative to vote in case of a tie.

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SECTION 2.34. 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 prior to 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 2.35. Powers and duties of the mayor.

The mayor shall: (1) Preside at all meetings of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes and be the official spokesperson for the city and the chief advocate of policy; (3) Have power to administer oaths and to take affidavits; (4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, and other instruments executed by the city which by law are required to be in writing; (5) Recommend to the city council such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as the mayor may deem expedient; (6) Call special meetings of the council as provided for in subsection (b) of Section 2.19 of this charter; (7) Approve or disapprove ordinances as provided in Section 2.36 of this charter; (8) Perform such other duties as may be required by law, this charter, or by ordinance; (9) Appoint and remove all officers, department heads, and employees, with approval of the city council, except as otherwise provided in this charter; (10) Vote on any issue before the council in the event of a tie vote, except ordinances which shall be submitted to the mayor as provided in subsection (b) of Section 2.36 of this charter; and (11) Direct and supervise the administration of all departments, offices, and agencies of the city in the event the position of city administrator is vacant.

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.

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(b) The mayor, within ten calendar days of receipt of an ordinance, shall return it to the city clerk with or without the mayor's approval or with the mayor's disapproval. If the ordinance has been approved by the mayor, it shall become law upon its return to the city clerk. If the ordinance is neither approved nor disapproved, it shall become law at 12:00 Noon on the tenth calendar day after its adoption. If the ordinance is disapproved, the mayor shall submit to the city council through the city clerk a written statement of the reasons for the veto. The city clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor. (c) Any ordinance vetoed by the mayor shall be presented by the city clerk to the city council at their next meeting. If the city council then or at their next meeting adopts the ordinance by an affirmative vote of four 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 this section. The reduced part or parts shall be presented to the city council as though disapproved and shall not become law unless overridden by the council as provided in subsection (c) of this section.

ARTICLE III ADMINISTRATIVE AFFAIRS
SECTION 3.10. Administrative and service departments.

(a) Except as otherwise provided in this charter, the city council, by ordinance, shall prescribe the functions or duties and establish, abolish, alter, consolidate, or leave vacant all nonelective offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the city administrator, be responsible for the administration and direction of the affairs and operations of that director's department or agency. (e) All appointed officers and directors under the supervision of the city administrator shall be nominated by the city administrator with confirmation of appointment by the city council. All appointed officers and directors shall be employees at will and subject to removal or suspension at any time upon the recommendation of the city administrator and approval of the mayor and council unless otherwise provided by law or ordinance.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 3.11. Boards, commissions, and authorities.

(a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The city council by ordinance may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed in this charter for original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until that person has executed and filed with the clerk of the city an oath obligating that person to perform faithfully and impartially the duties of that person's office; such oath shall be prescribed by ordinance and administered by the mayor. (g) All board members serve at will and may be removed at any time by a vote of three members of the city council unless otherwise provided by law. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairperson and one member as vice chairperson and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city.

SECTION 3.12. City attorney.

The mayor with the approval of 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 may be removed from office by the majority vote of the city council. The city attorney shall be responsible for providing for the representation and defense of the city in all litigation in which the city

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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 shall review all contracts as to form.

SECTION 3.13. City clerk.

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

SECTION 3.14. Position classification and pay plans.

The city administrator 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 Temple.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 4.11. Chief judge; associate judge.

(a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless that person shall have attained the age of 21 years and shall be a member of the State Bar of Georgia and shall possess all qualifications required by law. All judges shall be appointed by the city council and shall serve until a successor is appointed and qualified. (c) Compensation of the judges shall be fixed by ordinance. (d) Judges serve at will and may be removed from office at any time by the mayor with the approval of the city council unless otherwise provided by ordinance. (e) Before assuming office, each judge shall take an oath, given by the mayor, that the judge will honestly and faithfully discharge the duties of the office to the best of that person's ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.20 of this charter.

SECTION 4.12. Convening.

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

SECTION 4.13. Jurisdiction; powers.

(a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a 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 such court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for that person's appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge

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

SECTION 4.15. Rules for court.

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

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ARTICLE V ELECTIONS AND REMOVAL
SECTION 5.10. Applicability of general law.

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

SECTION 5.11. Election of the city council and mayor.

(a) There shall be a municipal general election biennially in odd-numbered years on the Tuesday next following the first Monday in November. (b) There shall be elected the mayor and two councilmembers at the election held in 2009 and quadrennially thereafter, the councilmembers being from Districts 1 and 2. The remaining city council seats, being Districts 3, 4, and 5, shall be filled at the election held in 2011 and quadrennially thereafter so that a continuing body is created. (c) Successors to the officers in office on the effective date of this charter shall be elected at the municipal general election next preceding the expiration of their terms.

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 order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within 12 months of the expiration of the term of that office, the city council or those members remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.

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SECTION 5.15. Other provisions.

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

SECTION 5.16. Removal of officers.

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

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.

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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 the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter.

SECTION 6.14. Franchises.

(a) The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted 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,

GEORGIA LAWS 2010 SESSION

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cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations.

SECTION 6.15. Service charges.

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

SECTION 6.16. Special assessments.

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

SECTION 6.17. Construction; other taxes 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.

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SECTION 6.19. General obligation bonds.

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

SECTION 6.20. Revenue bonds.

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

SECTION 6.21. Short-term loans.

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

SECTION 6.22. Lease-purchase contracts.

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

SECTION 6.23. Fiscal year.

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

GEORGIA LAWS 2010 SESSION
SECTION 6.24. Preparation of budgets.

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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 45 days prior to the beginning of each fiscal year, the city administrator 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 administrator containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and other pertinent comments and information. The operating budget and the capital budget provided for in Section 6.29 of this charter, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.

SECTION 6.26. Action by city council on budget.

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

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

SECTION 6.27. Tax levies.

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

SECTION 6.28. Changes in appropriations.

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

SECTION 6.29. Capital budget.

(a) On or before the date fixed by the city council, but not later than 60 days prior to the beginning of each fiscal year, the city administrator 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 of this charter. (b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than the December council meeting of each year. No appropriation provided for in a prior capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the city administrator 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.

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SECTION 6.30. Independent audit.

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

SECTION 6.31. Contracting procedures.

No contract with the city shall be binding on the city unless: (1) It is in writing; (2) It is drawn by or submitted and reviewed by the city attorney and, as a matter of course, is signed by the city attorney to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 2.20 of this charter.

SECTION 6.32. Centralized purchasing.

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

SECTION 6.33. Sale and lease of city property.

(a) The city council may sell and convey or lease any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the city administrator 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 administrator 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

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property owner shall be notified of the availability of the property and given the opportunity to purchase said property under such terms and conditions as set out by ordinance. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.

ARTICLE VII GENERAL PROVISIONS
SECTION 7.10. Bonds for officials.

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

SECTION 7.11. Prior ordinances.

All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent with this charter are hereby declared valid and of full effect and force until amended or repealed by the city council.

SECTION 7.12. Existing personnel and officers.

Except as specifically provided otherwise by this charter, all personnel and officers of 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.

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SECTION 7.14. Construction.

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

SECTION 7.15. Severability.

If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect 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 Temple in the County of Carroll, approved March 28, 1974 (Ga. L. 1974, p. 3709), is repealed in its entirety and all amendatory acts thereto are likewise repealed in their entirety, except that the amendatory Act approved May 14, 2003 (Ga. L. 2003, p. 3540), shall continue to govern the composition of city council districts until such time as those districts are changed as authorized by law.

SECTION 7.17. Effective date.

This Act shall become effective on upon the approval of this Act by the Governor and upon its otherwise becoming law without such approval.

SECTION 7.18. General repealer.

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

3760

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 2010 session of the General Assembly of Georgia a bill to provide a new charter for the City of Temple; to provide for elated matters; to repeal conflicting laws; and for other purposes.

This 27th day of January, 2010.

Representative Tim Bearden District 66

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 of Carroll County on January 29, 2010, 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 4th day of February 2010.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)

Approved June 2, 2010.

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GEORGIA LAWS 2010 SESSION

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BACON COUNTY ELECTION PRECINCTS; ADVISORY REFERENDUM.

No. 561 (House Bill No. 1492).

AN ACT

To provide for an advisory referendum election to be held in Bacon County for the purpose of ascertaining whether the voters of such county desire the Bacon County Board of Elections and Registration to divide the county into multiple election precincts so as to permit voters to vote closer to their residence; 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. It is the purpose of this Act to provide for an advisory referendum within Bacon County to determine if the voters of such county desire the Bacon County Board of Elections and Registration to divide the county into multiple election precincts, including precincts outside the city, so as to permit voters to vote closer to their residence.

SECTION 2. (a) Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Bacon County shall call and conduct an advisory election as provided in this section for the purpose of submitting a question to the electors of said county to advise the Bacon County Board of Elections and Registration whether the voters of Bacon County desire the board of elections and registration to divide the county into multiple election precincts so as to permit voters to vote closer to their residence. The superintendent shall conduct that election on the date of the 2010 general election held in November 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 Bacon County. The ballot shall have printed thereon the following:
"( ) YES Shall the Bacon County Board of Elections and Registration provide an election precinct in the City of Alma and at other central locations in the
( ) NO county so as to permit all voters the opportunity to vote in close proximity to their place of residence?"
(b) It shall be the duty of the election superintendent of Bacon 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

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

representative district lies wholly or partially within Bacon County. The expense of such election shall be borne by Bacon County. (c) It is found, determined, and declared that the holding of the advisory referendum election provided for in this section is in all respects for the benefit of the people of Bacon County and is for a public purpose and is an essential governmental function for which public funds may be expended.

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 hereby given that there will be introduced at the regular 2010 session of the General Assembly of Georgia a bill to provide for an advisory referendum election to be held in Bacon County for the purpose of ascertaining whether the voters of such county desire the Bacon County Board of Elections and Registration to divide the county into multiple election precincts so as to premit voters to vote closer to their residence; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
This 25 day of March, 2010
Representative Tommy Smith District 168
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 March 30, 2010, and that the notice requirements of Code Section 28-1-14 have been met.
s/ TOMMY SMITH Tommy Smith Representative, District 168

GEORGIA LAWS 2010 SESSION
Sworn to and subscribed before me, this 2nd day of April 2010.

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s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)

Approved June 2, 2010.

__________

CITY OF DUNWOODY HOMESTEAD EXEMPTION; CITY TAXES; BASE YEAR; REMOVE SUNSET PROVISION; REFERENDUM.

No. 562 (House Bill No. 1319).

AN ACT

To amend an Act incorporating the City of Dunwoody, approved March 25, 2008 (Ga. L. 2008, p. 3536), as amended, so as to change certain provisions providing for a homestead exemption from certain municipal 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, so as to eliminate the automatic sunset so that such exemption continues indefinitely; 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 incorporating the City of Dunwoody, approved March 25, 2008 (Ga. L. 2008, p. 3536), as amended, is amended by repealing in its entirety subsection (f) of Section 5.08 which reads as follows:
"(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."

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SECTION 2. Unless otherwise prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Dunwoody 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 Dunwoody for approval or rejection. The municipal election superintendent shall conduct that election on the date of the November, 2010, 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 DeKalb County. The ballot shall have written or printed thereon the words:

"( ) YES Shall the Act be approved which amends the homestead exemption from City of Dunwoody 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 base year assessed value of such homestead by eliminating the automatic sunset so that the exemption continues indefinitely?"
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, 2011, and shall apply to all taxable years beginning on or after that date. 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 such election date. The expense of such election shall be borne by the City of Dunwoody. It shall be the duty of the municipal election superintendent 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 2010 session of the General Assembly of Georgia a bill to amend an Act incorporating the City of Dunwoody, approved March 25, 2008 (Ga. L. 2008, p. 3536), as amended, so as to change provisions providing for a homestead exemption from certain municipal ad valorem taxes for municipal purposes

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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, so as to eliminate the automatic sunset so that such exemption continues indefinitely; and for other purposes.

This 21st day of January, 2010

Representative Fran Millar District 79

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Fran Millar, who on oath deposes and says that he is the Representative from District 79 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Champion which is the official organ of DeKalb County on January 21, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

s/ FRAN MILLAR Fran Millar Representative, District 79

Sworn to and subscribed before me, this 25th day of January 2010.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)

Approved June 2, 2010.

__________

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

DEKALB COUNTY HOMESTEAD EXEMPTION; COUNTY TAXES; BASE YEAR; EXTEND FOR ADDITIONAL FIVE-YEAR PERIOD; REFERENDUM.

No. 563 (Senate Bill No. 544).

AN ACT

To amend an Act providing for a homestead exemption from certain DeKalb County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead, approved May 5, 2006 (Ga. L. 2006, p. 4636), so as to extend such exemption for another five-year 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 for a homestead exemption from certain DeKalb County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead, approved May 5, 2006 (Ga. L. 2006, p. 4636), is amended by revising in its entirety subsection (f) of Section 1 as follows:
"(f) The exemption granted by subsection (b) of this section shall apply only to taxable years 2007 through 2016. 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 2017 or any subsequent taxable year."

SECTION 2. Unless otherwise 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 for approval or rejection. The election superintendent shall conduct that election on the date of the November, 2010, 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 DeKalb County. The ballot shall have written or printed thereon the words:

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"( ) YES Shall the Act be approved which amends the homestead exemption from DeKalb County ad valorem taxes for county purposes in an amount equal
( ) NO to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead by extending the exemption for another five-year 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 1 of this Act shall become of full force and effect on January 1, 2011, and shall apply to all taxable years beginning on or after that date. 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 such election date. The expense of such election shall be borne by DeKalb County. It shall be the duty of the election superintendent of DeKalb County to certify the results thereof to the Secretary of State.

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

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2010 session of the General Assembly of Georgia a bill to amend an Act providing for a homestead exemption from certain DeKalb County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead, approved May 5, 2006 (Ga. L. 2006, p. 4636), so as to extend such exemption for another five-year period; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; and for other purposes.
This 8th day of April, 2010
Senator Dan Weber District 40

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dan 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 of DeKalb County on April 8, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

s/ DAN WEBER Dan Weber Senator, District 40

Sworn to and subscribed before me, this 12th day of April 2010.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)

Approved June 2, 2010.

__________

WHITE COUNTY WHITE COUNTY BUILDING AUTHORITY; CREATE.

No. 564 (House Bill No. 1353).

AN ACT

To create the White County Building 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 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 revenue bonds and their negotiability and sale and the use of proceeds from such sales; to provide for considerations 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 the authority's purpose; to provide for charges; to provide for rules and regulations; to provide for tort immunity; to

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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 IN ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. This Act shall be known and may be cited as the "White County Building Authority Act."

SECTION 2. There is created a body corporate and politic to be known as the White County Building Authority, which shall be deemed to be a public corporation by that name, style, and title. 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. The authority shall have the power:
(1) 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 as hereinafter defined; (5) To exercise the powers conferred upon a "public corporation" or a "public authority" by Article IX, Section III, Paragraph 1 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 in its own name 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 which is subject to the control of White County, Georgia, White County, Georgia, shall be authorized to convey such real property to the authority for such consideration as may be agreed upon by the authority and White County, Georgia, taking 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

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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 White County, Georgia; and, without limiting the generality of the foregoing, authority is specifically granted to White County, Georgia, 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 of trust certificates, certificates of participation, custodial receipts, or other similar instruments; (11) To accept loans and grants of money or property of any kind from the United States, entities created by the United States, privately held entities, 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 of the same and to provide for the rights of the holders of such revenue bonds; and (13) To make such rules and regulations governing its members, agents, contractors, employees, and property as it may in its discretion deem proper.

SECTION 4. The authority shall consist of five members who shall be legal residents of White County, Georgia, and who shall be appointed in this fashion: one member appointed by the White County Planning Commission who shall be a member of said planning commission and who shall serve as the chairperson of the authority; one member from among the White County Board of Commissioners who shall be appointed by said board; and three members who shall be appointed by the Board of Commissioners. Upon full membership, the terms of the members of the authority shall be assigned as two members to serve for three years, two members to serve for two years, and one member to serve for one year. Members may be appointed to succeed themselves. Three 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 a secretary and treasurer who need not necessarily be a member of the 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

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vested rights of any person under the provisions of this Act or impair the obligations of any contracts existing under this Act.

SECTION 5. (a) 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" means the White County Building Authority created in Section 2 of this Act. (2) "Cost of the project" shall include the cost of construction, the cost of all lands, properties, rights, easements, and franchises acquired, the cost of buildings, improvements, materials, labor, and services contracted for, the cost of 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, cost 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 financing herein authorized, the acquisition, construction, renovation, reconstruction, or remodeling of any project, 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 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 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 sale agreements or the amounts payable thereunder, either directly or by the creation of interests therein. (3) "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 White County, Georgia. (4) "Revenue bonds" means 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., the "Revenue Bond Law." (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 properties used, leased, and sold in connection therewith 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. 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., the "Revenue Bond Law," for the purposes of paying

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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 previously issued. The principal of and interest on such revenue 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 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 of the O.C.G.A., the "Revenue Bond Law."

SECTION 7. 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 negotiable instruments law of this state. Such bonds are declared to be issued for essential public and governmental purpose, and such bonds and the income thereof shall be exempt from all taxation within this state.

SECTION 8. 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 or Georgia or of White County, Georgia, 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 White County, Georgia, 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 White County, Georgia, 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. White County, Georgia, 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 White County, Georgia, but shall not constitute a debt of White County, Georgia, within the meaning of the Constitution of the State of Georgia, Article IX, Section V, Paragraph 1; and, when White County, Georgia, 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.

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SECTION 9. 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 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 law, including covenants setting forth the duties of the authority in relation to the acquisition and construction of any project, the maintenance, operation, repair, and insurance of any project, and the custody, safeguarding, and application of all monies, including the proceeds derived from the sale or lease of any project, and may also provide that any project shall 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 therefore and may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other monies 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 of the 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. 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 monies 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 such sinking fund shall be pledged to and charged with the payments 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;

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(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.

SECTION 11. The authority shall be 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 foregoing provisions of this Act insofar as the same may be applicable.

SECTION 12. The principal office of the authority shall be in White County, Georgia, and the venue of any action against it shall be in White 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 White 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 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., the "Revenue Bond Law," as the same now exists or may hereafter be amended. The petition for validation shall also make a part defendant to such action White County, Georgia, if such 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, and White County, Georgia, shall be required to show cause, if any exists, why such contract and 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 the validation shall be final and conclusive against White County, Georgia, if it be a party to the validation proceeding as herein provided for.

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SECTION 14. 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 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. All monies 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. The authority shall be 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.

SECTION 17. 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 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 herein provided shall not include an exemption from sales and use tax on property purchased by or for the use of the authority.

SECTION 18. 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

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Georgia. The authority may be sued the same as any private corporation on any contractual obligation of the authority.

SECTION 19. The property of the authority shall not be subject to levy and sale under legal process.

SECTION 20. The scope of the authority's operation shall be limited to the territory embraced within the territorial limits of White County, as the same now or may hereafter exist.

SECTION 21. This Act shall 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. The authority shall not have the right to impose any tax on any person or property.

SECTION 23. This Act shall be liberally construed to effect the purposes thereof.

SECTION 24. 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 25. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 26. All laws and part of laws in conflict with this Act are repealed.

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Pursuant to Article III, Section V, Paragraph IX of the Constitution of the State of Georgia 1983, notice is hereby given that there will be introduced at the regular 2010 session of the General Assembly of Georgia a bill to provide an "Act" to create the White County Building Authority, as a public body corporate and politic, and shall be deemed to be a public

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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.

The "Act" shall include a short title; powers and duties; membership, appointments, qualifications, duties, powers and compensation; provide for vacancies, organization, meetings; definitions; revenue bonds and negotiability, sale and use of proceeds from sales; conditions for issuance; credit, trust; payment of bond proceeds; severability; effective date; repeal conflicting laws and other matters or purposes.

This 8th day of February, 2010

White County Board of Commissioners

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 White County News which is the official organ of White County on February 18, 2010, 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 10th day of March 2010.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)

Approved June 2, 2010.

__________

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TELFAIR COUNTY PUBLIC FACILITIES AUTHORITY OF TELFAIR COUNTY; CREATE.

No. 565 (House Bill No. 1493).

AN ACT

To create the Public Facilities Authority of Telfair County; to provide for a short title; to provide for definitions; to provide for its purpose; to provide for its powers; to provide for the membership of the authority and their terms of office, qualifications, and compensation; to provide for the issuance and sale of revenue bonds and other obligations; to provide that such revenue bonds and other obligations are not general obligations; to provide for trust indentures; to provide for the security for such revenue bonds and other obligations; to provide for refunding revenue bonds and other obligations; to provide for a principal office; to provide for validation; to provide for no impairment of rights; to provide for trust funds and investments; to provide for the power to set rates, fees, and charges; to provide for exemptions from taxation; to provide for tort immunity; to provide for exemptions from levy and sale; to provide for its area of operation; to provide for supplemental powers; to provide for no power to impose taxes or exercise the power of eminent domain; to provide for the conveyance of property upon dissolution; to provide for liberal construction; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Short title.

This Act shall be known and may be cited as the "Public Facilities Authority of Telfair County Act."

SECTION 2. Definitions.

As used in this Act, the following terms shall have the meaning specified unless the context or use clearly indicates a different meaning or intent:
(1) "Authority" means the Public Facilities Authority of Telfair County 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 fixtures, furnishings, machinery, and equipment; (E) issuance costs,

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including, but not limited to, fees or discounts of underwriters or placement agents, the funding of reserve accounts, financing charges, including interest prior to and during the construction or acquisition of any project and for up to one year 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; and (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 or refinancing 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 or other obligations issued under the provisions hereof 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) "County" means Telfair County, Georgia, or its successor. (4) "Obligations" means and includes revenue bonds, bond anticipation notes, other promissory notes, certificates of participation, custodial receipts, or other similar instruments creating interests in any contracts, lease agreements, or installment sales agreements or in the amounts payable to the authority, directly or indirectly, thereunder. (5) "Private person" means any individual or any legal entity, other than a public body, whether operated for profit or not for profit. (6) "Project" means any capital project which may be financed with revenue bonds under general laws in effect from time to time, which is located or to be located in the county, that is determined by the authority to promote the public good or general welfare of the citizens of the county, or of the state, or any of its enterprises or systems, including, but not limited to, the acquisition, construction, renovation, improvement, extension, addition, or equipping within the county 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 and equipment; (C) recreational facilities, including parks, athletic fields, buildings, or facilities and other similar facilities or related equipment; (D) public safety facilities, including prisons, jails, police stations, facilities, or equipment, and state patrol or other law enforcement facilities or equipment; (E) educational, cultural, or historical facilities and equipment; (F) administrative facilities or equipment, including municipal buildings and other governmental buildings; (G) courthouses, public libraries, and jails; (H) facilities relating to aviation, including, but not limited to, airports, airfields, airport terminals, hangars, control towers, and facilities for the repair and maintenance of aircraft; and (I) other

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facilities; any project may be leased to, subleased to, operated, or otherwise used by the authority or any other public body or any private person. (7) "Public bodies" means and includes the United States of America and any federal agency, department, authority, or any branch of its armed services; any county, political subdivision, or municipality of the state; and any state or local government agency, department, authority, agency, board, authority, or instrumentality, each being a "public body." (8) "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." (9) "State" means the State of Georgia.

SECTION 3. Creation of authority: purpose.

There is created a body corporate and politic to be known as the "Public Facilities Authority of Telfair County," 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 exercising governmental and proprietary powers. The authority is created for the purpose of promoting the public good and general welfare of the citizens of the county and of the state and financing and providing facilities, equipment, and services within the county, for sale to, lease or sublease to, or operation by any public body or any private person. 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 public bodies in providing facilities, equipment, and services in the county, and such findings or determinations, if made, shall be conclusive and binding and shall not be subject to review.

SECTION 4. Powers of the authority.

The authority shall have the power: (1) To sue and be sued; (2) To have and to use a seal and to alter the same at its pleasure; (3) To acquire, construct, purchase, hold, own, lease as lessee, expand, improve, renovate, repair, maintain, and operate real and personal property or interests therein; (4) To enter into contacts for operation, management, maintenance, and repair of any of its property and for other purposes; (5) To sell, lease as lessor, or otherwise transfer, pledge, or dispose of any real and personal property or interests therein. In connection with any such lease, sale, transfer,

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assignment, or other disposition, to the extent allowed by general law, the authority need not comply with any other provision of law requiring public bidding or any notice to the public of such lease, sale, transfer, assignment, or other disposition; (6) 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; (7) To acquire projects and other property 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 therein which is subject to the control of any other public body, then such other public body is hereby authorized to convey or lease 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 such other public body, taking into consideration the public benefit to be derived from such conveyance, lease, or usufruct. Any public body may transfer such real property or interest therein without regard to any determination as to whether or not such property or interest therein is surplus; (8) To accept gifts and bequests for its corporate purposes; (9) 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; (10) To make and execute with one or more public bodies and private persons contracts, lease agreements, rental agreements, installment sale agreements, and other instruments relating to the property of the authority 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 other public bodies, and, without limiting the generality of the foregoing, authority is specifically granted to the authority and to other public bodies to enter into contracts, lease agreements, rental agreements, installment sale agreements, and related agreements with each other relating to the provision of any project or services for a term not exceeding 50 years, as provided in Article IX, Section III, Paragraph 1(a) of the Constitution of Georgia; (11) To the extent not prohibited by the Constitution of the state or by general law, to be a co-owner, along with other public bodies and private persons, of any property or business entity if the authority finds and determines that such co-ownership is in the best interests of the authority and will serve the public purposes of the authority; (12) To purchase policies of insurance as may be deemed appropriate for its corporate purposes; (13) To operate, 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

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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 of trust certificates, certificates of participation, custodial receipts, or other similar instruments. In connection with any such lease, sale, transfer, assignment, or other disposition, the authority need not comply with any other provision of law requiring public bidding or any notice to the public of such lease, sale, transfer, assignment, or other disposition; (14) To accept loans and grants of money or property of any kind from the United States, or any public body or private person, and all public bodies are authorized to make grants to the authority, subject to any limitations in the Constitution of Georgia; (15) To borrow money for any of its corporate purposes and to issue revenue bonds and other obligations payable from funds or revenues of the authority pledged for that purpose and to pledge and assign any of its revenues, income, rents, charges, and fees to provide for the payment of the same and to provide for the rights of the holders of such obligations; (16) 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; (17) To make such rules and regulations governing its employees and property as it may in its discretion deem proper; (18) 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; (19) To issue its revenue bonds or other obligations to finance or refinance any project which may be financed by any public body; and (20) To have and exercise usual powers of private corporations except such as are inconsistent with this Act or inconsistent with general law, and to do any and all things necessary and convenient to accomplish the purpose and powers of the authority as herein stated.

SECTION 5. Members of the authority: terms of office.

(a) Each person who is serving as a member of the Development Authority of Telfair County when this Act first becomes law shall also serve as an initial member of the authority for a term of office ending upon the expiration of such person's current term of office as a member of the Development Authority of Telfair County. Thereafter, the members of the Board of Commissioners of Telfair County shall appoint the members of the authority for terms of office that shall be the same as and shall run concurrently with the terms of office of such

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members of the Board of Commissioners of Telfair County. In the event a vacancy occurs as to a member of the authority during the term of office of such member, the Board of Commissioners of Telfair County shall appoint a successor for the remainder of the unexpired term. A majority of the members of the authority holding office at any time 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 and other obligations. (b) The members of the authority shall elect among themselves a president, vice president, and secretary-treasurer, except that by a majority vote of the entire membership, they may elect a person as secretary-treasurer who is not a member of the authority. The members of the authority shall not be entitled to compensation for their services as members of the authority but may be reimbursed for their actual expenses necessarily incurred in the performance of their duties. (c) The authority may make rules and regulations for its own governance, and it shall have perpetual existence. (d) Any change in name or composition of the authority shall in no way affect the vested rights of any private person or public body under the provisions of this Act or impair the obligations of any contracts existing under this Act. (d) The Board of Commissioners of Telfair County, as officers of the county, may vote on transactions between the county and the authority, and the members of the authority may likewise vote on transactions between the county and the authority, and the same shall not be deemed to create any conflict of interest.

SECTION 6. Issuance and sale of revenue bonds and other obligations.

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," and may issue other obligations 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 or other obligations of the authority or to refund bonds or other obligations of 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 or other obligations 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 or other obligations. Such revenue bonds or other obligations 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.

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Such revenue bonds or other obligations may be issued for cash, property, or other consideration and may be sold in a negotiated sale or in a public sale at such price on such terms as the authority may determine. The offer, sale, or issuance of bonds or other obligations of the authority shall be exempt from registration to the extent provided in Chapter 5 of Title 10 of the O.C.G.A., the "Georgia Uniform Securities Act of 2008," as the same may be amended from time to time.

SECTION 7. Revenue bonds or other obligations not a debt or general obligation.

Revenue bonds or other obligations 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 any other public body 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 any public body to levy or to pledge any form of taxation whatsoever for the payment thereof, unless otherwise provided by an intergovernmental contract executed by such public body. No holder of any bond or other obligation or receiver or trustee in connection therewith shall have the right to enforce the payment thereof against any property of any other public body nor shall any such bond or other obligation constitute a charge, lien, or encumbrance, legal or equitable, upon any such property, unless otherwise provided by an intergovernmental contract executed by such other public body and the authority. 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 any other public body from obligating itself to pay the amounts required under any intergovernmental contract entered into with the authority pursuant to Article IX of the Constitution of Georgia or any successor provision, including (if such other public body has taxing power) from funds received from taxes to be levied and collected by such other public body for that purpose and from any other source.

SECTION 8. Issuance of bonds or obligations under indentures or resolutions.

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 trustee, which may be any trust company or bank having the powers of a trust company within or outside the state. 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 or operation 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

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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 financing 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 revenue bonds or other obligations and may contain provisions concerning the conditions, if any, upon which additional bonds 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 for the security of the owners of such bonds or other obligations or as 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 9. Security for the payment of bonds or other obligations.

The authority may assign or pledge any property or revenues and its interest in any contracts, lease agreements, or installment sales agreements, or the amounts payable thereunder, to the payment of the principal and interest on revenue bonds and other obligations of the authority as the resolution authorizing the issuance of the bonds or other obligations 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 10. Refunding bonds or obligations.

The authority is authorized to provide by resolution for the issuance of obligations, whether revenue bonds 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 state law so long as such bonds or other obligations were issued for a purpose or project for which the authority could issue bonds or other obligations. The issuance of such refunding bonds or other obligations and all the details thereof, the rights of holders thereof, and the duties of the

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authority with respect to the same shall be governed by the foregoing provisions of this Act insofar as the same may be applicable.

SECTION 11. 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. 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 12. Validation of revenue bonds: elective validation of other obligations.

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. At the election of the authority, other obligations of the authority may be validated as if they were revenue bonds. The petition for validation shall name the authority as a defendant and may also make a party defendant to such action any other private person or public body that has or will contract with the authority with respect to the project for which revenue bonds or other obligations are to be issued and are sought to be validated. The bonds or other obligations, when validated, and the judgment of validation shall be final and conclusive with respect to the validity of such bonds or other obligations and the security therefor against the authority, other parties to the validation, and all other private persons and public bodies, regardless of whether such private persons or public bodies were parties to such validation proceedings. Any action pertaining to the validation of any revenue bonds or other obligations issued under the provisions of this Act and for the validation of any instruments entered or to be entered into by the authority or other private persons or public bodies securing the same shall be brought in the Superior Court of Telfair County, and such court shall have exclusive original jurisdiction of such actions.

SECTION 13. No impairment of rights.

While any of the bonds or other obligations 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 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

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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 14. 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 of the O.C.G.A., et seq.

SECTION 15. Power to set rates, fees, and charges.

The authority is authorized to operate, sell, or lease any project and 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, lease, management, or operation of any property, real or personal, of the authority. The authority may contract with others, including private persons, for services relating to the management, operation, sale, or leasing of any project.

SECTION 16. Revenue bonds or other obligations exempt from taxation.

All revenue bonds or other obligation 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, to the extent not prohibited by general law, be exempt from all taxation within this state, whether or not the income on such bonds or other obligations is excludable from the gross income of the holders thereof for federal income tax purposes.

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SECTION 17. Essential governmental function: no taxes or assessments.

It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and constitute a public purpose, and that the authority will be performing an essential governmental function in the exercise of the powers conferred upon it by this Act. The property of the authority is declared to be public property that is exempt from taxes under subparagraph (a)(1)(A) of Code Section 48-5-41 of the O.C.G.A. To the extent not prohibited by general law, the tax exemption for property of the authority shall extend to leasehold interests of lessees thereof.

SECTION 18. Immunity of authority and members.

The authority shall have the same immunity and exemption from liability for torts and negligence as the 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 the county.

SECTION 19. Authority property not subject to levy and sale.

The property of the authority shall not be subject to levy and sale under legal process, except this provision shall not preclude a sale or foreclosure of any property under the terms of any deed to secure debt, mortgage, assignment, or security agreement that the authority has executed.

SECTION 20. 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 or body, public or private, outside of the county with respect to any project located in the county or located outside of the county in furtherance of its public purposes.

GEORGIA LAWS 2010 SESSION
SECTION 21. Supplemental powers.

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This Act shall 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. No power to impose taxes or exercise power of eminent domain.

The authority shall not have the right to impose any tax on any person or property and shall not have the right to exercise the power of eminent domain.

SECTION 23. Conveyance of property upon dissolution.

Should the authority for any reason be dissolved after full payment of all revenue bonds and other obligations of the authority and the termination of any leases, contracts, or options to which the authority is a party, the interest and any redemption premiums thereon, title to the items of property, and funds of the authority held at the time of dissolution shall, prior to such dissolution, be conveyed and transferred to such one or more public bodies as the authority shall elect.

SECTION 24. Act to be liberally construed.

This Act shall be liberally construed to effect the purposes hereof.

SECTION 25. All laws and parts of laws in conflict with this Act are repealed.

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2010 session of the General Assembly of Georgia a bill to create the Public Facilities Authority of Telfair County; to provide for a short title; to provide for definitions; to provide for its purpose; to provide for its powers; to provide for the membership of the authority and their terms of office, qualifications, and compensation; to provide for the issuance and sale of revenue bonds and other obligations; to provide that such revenue bonds and other obligations are not general obligations; to provide for trust indentures; to provide for the security for such revenue bonds and other obligations; to provide for refunding revenue bonds and other obligations; to

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provide for a principal office; to provide for validation; to provide for no impairment of rights; to provide for trust funds and investments; to provide for the power to set rates, fees and charges; to provide for exemptions from taxation; to provide for tort immunity; to provide for exemptions from levy and sale; to provide for its area of operation; to provide for supplemental powers; to provide for no power to impose taxes or exercise the power of eminent domain; to provide for the conveyance of property upon dissolution; to provide for liberal construction; to provide for severability; to provide for related matters; to repeal conflicting laws; and for other purposes.

Representative Jay Roberts District 154

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 Telfair Enterprise which is the official organ of Telfair County on April 7, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

JAY ROBERTS Jay Roberts Representative, District 154

Sworn to and subscribed before me, this 12th day of April 2010.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)

Approved June 2, 2010.

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GEORGIA LAWS 2010 SESSION
RABUN COUNTY RABUN COUNTY BUILDING AUTHORITY; AUTHORIZE SALE OR LEASE OF LANDS OR BUILDINGS OF RABUN COUNTY OR RABUN COUNTY SCHOOL DISTRICT TO AUTHORITY; CONTRACTS FOR USE OF FACILITIES.

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No. 566 (Senate Bill No. 549).

AN ACT

To amend an Act to create and establish the Rabun County Building Authority, approved April 1, 1994 (Ga. L. 1994, p. 4564), so as to authorize Rabun County or the Rabun County School District to lease or sell lands and buildings to the Authority; to authorize the Authority, Rabun County, and the Rabun County School District to enter into contracts and leases pertaining to uses of such facilities; to provide that no debt of Rabun County or the Rabun County School District shall be incurred by the exercise of any of the powers granted; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to create and establish the Rabun County Building Authority, approved April 1, 1994 (Ga. L. 1994, p. 4564), is amended by revising Section 1 as follows:

"SECTION 1. Rabun County Building Authority created. There is created a public body corporate and politic to be known as the Rabun County Building Authority, herein called 'the Authority,' which shall be an instrumentality and a public corporation of the State of Georgia, the purpose of which shall be to acquire, construct, and equip self-liquidating projects, including, but not limited to, buildings, sanitary and surface water sewers, streets, roads and public facilities of every nature, type and character, for use by Rabun County or the Rabun County School District for their governmental, proprietary, public, administrative and educational functions and Rabun County and the Rabun County School District are granted the right and power by proper resolution of their governing authorities to sell or lease to the Authority lands and buildings owned by them. 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 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

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office in Rabun County, and its legal situs or residence for the purposes of this chapter shall be Rabun County."

SECTION 2. Said Act is further amended by revising parargraph (2) of Section 3 as follows:
"The word 'project' shall mean land, buildings, facilities, equipment, and real property and personal property of every kind and character necessary or convenient for the efficient operation of Rabun County or the Rabun County School District, or any other political subdivision or municipality of the State of Georgia located within Rabun County."

SECTION 3. Said Act is further amended by revising paragraphs (3) and (4) of Section 4 as follows:
"(3) To make and execute with public and private persons and corporations contracts, leases, rental agreements, and other instruments relating to its projects and incident to the exercise of the powers of the Authority, including contracts for constructing, renting, and leasing of its projects for the use of Rabun County or the Rabun County School District; and, without limiting the generality of the foregoing, authority is specifically granted to Rabun County and the Rabun County School District to enter into lease contracts and related agreements for the use of any structure, building, or facility or a combination of any two or more structures, buildings, or facilities of the Authority for a term not exceeding 50 years; and Rabun County and the Rabun County School District may enter into lease contracts and related agreements for the use of any structure, building, or facility, or a combination of the two or more structures, buildings, or facilities of the Authority for a term not exceeding 50 years upon a majority vote of its governing body and may obligate itself for the use of such property so leased and also obligate itself as part of the undertaking to pay debt service incurred in connection with such property, and to pay the cost of maintaining, repairing, and operating the property furnished by and leased from the Authority; and the sums agreed to be paid under the provisions of such lease contracts or related agreements may be pledged or assigned to secure the payment of revenue bonds issued hereunder; (4) 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 the State of Georgia applicable to the condemnation of property for public use, including the power to proceed as a condemning body under the provisions of Article 2 of Chapter 2 of Title 22 of the O.C.G.A., relating to proceedings before a special master, 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 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

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obligation to accept and pay for any property condemned as provided herein except from the funds provided therefore 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 as provided herein 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 encumbrance. If the Authority shall deem it expedient to construct any project on lands which are subject to the control of Rabun County or the Rabun County School District, the governing authority of Rabun County or the Rabun County School District, whichever is applicable, is authorized to convey such lands to the Authority for such consideration, not exceeding reasonable value, as may be agreed upon by the Authority, as Grantee, and by such governing authority, on behalf of Rabun County or the Rabun County School District, as Grantor, taking into consideration the public benefit to be derived from such conveyance."

SECTION 4. Said Act is further amended by revising Section 5 as follows:

"SECTION 5. Credit not pledged and debt not created by bonds. 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, Rabun County, or the Rabun County School District; but such bonds shall be payable from the rentals, revenue, 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 bonds shall not directly, indirectly, or contingently obligate the state, county, or such school district to levy or pledge any form of taxation whatever for the payment thereof. No holder of any bond or receiver or trustee in connection with therewith shall have the right to enforce the payment thereof against any property of the state or of such county or school district nor shall any such bond constitute a charge, lien, or encumberance, 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. However, such county or school district may obligate itself to pay the amounts required under any contract entered into with the Authority from funds received from taxes to be levied and collected for that purpose to the extent necessary to pay the obligations contractually incurred under this section, and from any other source; and the obligation to make such payments shall constitute a general obligation and a pledge of the full faith and credit of the obligor but shall not constitute a debt of the obligor under the meaning of the Constitution of the State of Georgia, Article IX, Section V, Paragraph I; and, 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

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to year in an amount sufficient to fulfill and fully comply with the terms of such obligation."

SECTION 5. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or becomes law without such approval.

SECTION 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 2010 Session of the General Assembly of Georgia a bill to provide for an amendment to the local act creating the Rabun County Building authority. This 17th day of February, 2010. Robert M. Arthur, Superintendent, Rabun County School District.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jim Butterworth, who on oath deposes and says that he is the Senator from District 50 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Clayton Tribune which is the official organ of Rabun County on February 25, 2010, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JIM BUTTERWORTH Jim Butterworth Senator, District 50
Sworn to and subscribed before me, this 8th day of April 2010.
s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)
Approved June 2, 2010.

GEORGIA LAWS 2010 SESSION

3795

BALDWIN COUNTY HOMESTEAD EXEMPTION; COUNTY TAXES; REDUCE QUALIFYING AGE; REFERENDUM.

No. 567 (Senate Bill No. 543).

AN ACT

To amend an Act entitled "An Act to provide for a homestead exemption from Baldwin County ad valorem taxes for county purposes", approved April 15, 2005 (Ga. L. 2005, p. 3564), so as to reduce the age for qualifying for such homestead exemption from 65 to 60 years; 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 entitled "An Act to provide for a homestead exemption from Baldwin County ad valorem taxes for county purposes", approved April 15, 2005 (Ga. L. 2005, p. 3564), is amended by revising paragraph (4) of subsection (a) as follows:
"(4) 'Senior citizen' means a person who is 60 years of age or over on or before January 1 of the year in which application for the exemption under this Act is made."

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Baldwin County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Baldwin County for approval or rejection. The election superintendent shall conduct that election on day of the state-wide general election in November, 2010, 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 Baldwin County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which changes the age for qualifying for a homestead exemption from Baldwin County ad valorem taxes for county
( ) NO purposes for senior citizens from 65 to 60 years of age?"
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, 2011. 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

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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 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 2010 session of the General Assembly of Georgia a bill to amend an Act entitled "An Act to provide for a homestead exemption from Baldwin County advalorem taxes for county purposes", approved April 15, 2005 (Ga. L. 2005, p. 3564); and for other purposes.
This 26th day of March, 2010.
Johnny Grant Senator District 25
Rusty Kidd Representative District 141 3/26/10
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Johnny Grant, who on oath deposes and says that he is the Senator from District 25 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Union-Recorder which is the official organ of Baldwin County on March 26, 2010, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JOHNNY GRANT Johnny Grant Senator, District 25

GEORGIA LAWS 2010 SESSION
Sworn to and subscribed before me, this 1st day of April 2010.

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s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)

Approved June 2, 2010.

__________

CITY OF CHATTAHOOCHEE HILLS MAYOR AND COUNCIL; TERMS OF OFFICE; ELECTIONS.

No. 568 (Senate Bill No. 487).

AN ACT

To amend an Act to incorporate the City of Chattahoochee Hill Country (now known as City of Chattahoochee Hills) in Fulton County, approved April 28, 2006 (Ga. L. 2006, p. 3821), as amended, so as to change the terms of the mayor and council; to provide for elections; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to incorporate the City of Chattahoochee Hill Country (now known as City of Chattahoochee Hills) in Fulton County, approved April 28, 2006 (Ga. L. 2006, p. 3821), as amended, is amended by revising subsections (b) and (c) of Section 2.02 as follows:
"(b) The first general municipal elections shall be held on the Tuesday next following the first Monday in November 2007. Thereafter, general municipal elections shall be held on the Tuesday next following the first Monday in November in the odd-numbered year following by more than two years the year in which said first municipal election is held, and biennially thereafter. (c) The first mayor and the initial councilmembers shall take office on the first day of the first month immediately following the first municipal election provided for in subsection (b) of this section and shall serve for terms which expire when their successors take office in January of the first year immediately following the second municipal election provided for therein. The mayor and councilmembers representing Post 2 and

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Post 4 who shall take office as provided in Code Section 21-2-541.1 of the O.C.G.A. following the second municipal election shall serve for a term of two years expiring when the successors take office. Thereafter, the mayor and councilmembers for Post 2 and Post 4 shall take office as provided in Code Section 21-2-541.1 of the O.C.G.A. and serve for terms of four years. Councilmembers for Post 1, Post 3, and Post 5 shall serve for terms of four years and shall take office as provided in Code Section 21-2-541.1 of the O.C.G.A. The initial members and future members of the governing authority shall serve until their successors are elected and qualified."

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 BILL TO AMEND SECTIONS 2.02(b) AND 2.0(c) OF THE CHARTER OF THE CITY OF CHATTAHOOCHEE HILLS, GEORGIA
Notice is hereby given that a bill to amend Sections 2.02 (b) and 2.02(c) of the Charter of the City of Chattahoochee Hills shall be introduced in the General Assembly during the term beginning January 11, 2010 as follows:
Mayor and city council members; election, terms, and qualifications for office
(b) The first general municipal elections shall be held on the Tuesday next following the first Monday in November 2007. Thereafter, general municipal elections shall be held on the Tuesday next following the first Monday in November in the odd-numbered year following by more than two years the year in which said first municipal election is held, and biennially thereafter.
(c) The first mayor and the initial council members shall take office on the first day of the first month immediately following the first municipal election provided for subsection (b) of this section and shall serve for terms which expire when their successors take office in January of the first year immediately following the second municipal election provided for therein. The mayor and council members representing Post 2 and Post 4 who shall take office as provided in Code Section 21-2-541.1 of O.C.G.A. following the second municipal election shall serve for terms of two years expiring when the successors take office. Thereafter, the mayor and council members for Post 2 and post 4 shall take office as provided in Code Section 21-2-541.1 of O.C.G.A., and shall serve for terms of four years.

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Council members for Post 1, Post 3, and Post 5 shall serve for terms of four years and shall take office as provided in Code Section 21-2-541.1 of O.C.G.A. The initial members and future members of the governing authority shall serve until their successors are elected and qualified.

These charter provisions shall supersede and replace Sections 2.02(b) and 2.02 (c) of the Charter of the City of Chattahoochee Hills which are hereby repealed together with any other charter provisions or ordinances or parts of charter provisions or ordinances in conflict with these sections.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Donzella James, who on oath deposes and says that she is the Senator from District 35 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 21, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

s/ DONZELLA JAMES Donzella James Senator, District 35

Sworn to and subscribed before me, this 26th day of February 2010.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)

Approved June 2, 2010.

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CITY OF CHATTAHOOCHEE HILLS HOMESTEAD EXEMPTION; CITY TAXES; 65 YEARS OF AGE OR OLDER; INCOME REQUIREMENTS; REFERENDUM.

No. 569 (Senate Bill No. 536).

AN ACT

To amend an Act incorporating the City of Chattahoochee Hills, approved April 28, 2006 (Ga. L. 2006, p. 3821), as amended, so as to increase the homestead exemption from City of Chattahoochee Hills ad valorem taxes for municipal purposes for residents of that city who are 65 years of age or older and meet certain income requirements from $10,000.00 to $20,000.00 of the assessed value of the homestead; 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 incorporating the City of Chattahoochee Hills, approved April 28, 2006 (Ga. L. 2006, p. 3821), as amended, is amended by revising subsection (b) of Section 5.08 as follows:
"(b) Each resident of the City of Chattahoochee Hills who is a senior citizen is granted an exemption on that person's homestead from City of Chattahoochee Hills ad valorem taxes for municipal purposes in the amount of $20,000.00 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 of the spouse who also occupies and resides at such homestead, does not exceed the maximum amount which may be received by an individual and an individual's spouse under the federal Social Security Act for the immediately preceding year. The value of that property in excess of such exempted amount 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 Chattahoochee Hills 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 Chattahoochee Hills for approval or rejection. The municipal election superintendent shall conduct that election on the Tuesday after the first Monday in November, 2011, and shall issue the call and conduct that election as provided by general law. The municipal election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Fulton County. The ballot shall have written or printed thereon the words:

GEORGIA LAWS 2010 SESSION

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"( ) YES Shall the Act be approved which amends the charter of the City of Chattahoochee Hills by increasing the homestead exemption from city ad
( ) NO valorem taxes for municipal purposes for residents of that city who are 65 years of age or older and meet certain income requirements from $10,000.00 to $20,000.00 of the assessed 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, 2012, and shall be applicable to all taxable years beginning on or after that date. 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 Chattahoochee Hills. 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 2010 session of the General Assembly of Georgia a bill to amend an Act incorporating the City of Chattahoochee Hills, approved April 28, 2006 (Ga. L. 2006, p. 3821), as amended, so as to increase the homestead exemption from City of Chattahoochee Hills ad valorem taxes for municipal purposes for residents of that city who are 65 years of age or older and meet certain income requirements from $10,000.00 to $20,000.00 of the assessed value of the homestead; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; and for other purposes.
This 11 day of March, 2010
Senator Donzella James District 35

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GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Donzella James, who on oath deposes and says that she is the Senator from District 35 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 17, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

s/ DONZELLA JAMES James Senator, District 35

Sworn to and subscribed before me, this 24th day of March 2010.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)

Approved June 2, 2010.

__________

CITY OF VARNELL CORPORATE LIMITS; ELECTION OF MAYOR AND COUNCIL; COSIGNING OF CHECKS; CITY OFFICIALS; RULES AND REGULATIONS.

No. 570 (House Bill No. 1451).

AN ACT

To amend an Act providing a new charter for the City of Varnell, approved May 4, 1992 (Ga. L. 1992, p. 6670), as amended, so as to change the corporate boundaries of said city; to provide for election by majority vote for mayor and councilmembers; to change provisions relating to cosigning checks by the mayor; to change provisions relating to the city clerk, city treasurer, city administrator, municipal court clerk, police chief, and municipal court judge; to eliminate the position of city marshal; to provide for additional positions; to revise provisions relating to rules and regulations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

GEORGIA LAWS 2010 SESSION BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. An Act providing a new charter for the City of Varnell, approved May 4, 1992 (Ga. L. 1992, p. 6670), as amended, is amended by adding a new subsection to Section 1.11 to read as follows:
"(c) In addition to the territory included within the corporate boundaries of the City of Varnell pursuant to subsections (a) and (b) of this section, the following described territory shall also be included within the corporate boundaries of the City of Varnell:
All of the right-of-way of State Route 71 from its intersection with Maple Grove Road south to its intersection with Broadacre Road; all of the right-of-way of Prater's Mill Road from the bridge where existing corporate municipal boundary ends east to its intersection with Crow Road; additionally the following parcel numbers as per the tax registration system and map of the Whitfield County Tax Assessor's office: 11-192-02-019; 11-263-01-058; 11-263-01-068; 11-263-01-037; 11-263-01-016; 11-263-01-059; 11-193-02-007; 11-263-01-020; 11-189-05-007; 11-229-01-003; 11-156-04-010; 11-229-03-030; 11-277-01-008; 11-265-01-005; 11-173-20-000; 11-192-02-018; 11-209-07-000; 11-209-09-000; 11-209-02-000; 11-155-01-006; 11-155-01-009; 11-156-05-000; 11-169 and including all of the right-of-way of Nob North Drive in the Highland Forest Subdivision, Phase 5; 11-170-02-000; 11-190-02-030; 11-229-03-026; 11-264-06-029; 11-190-02-063; 11-156-02-002; 11-190-02-199; 11-277-01-039; 11-263-01-024; 11-173-05-000; 11-190-02-126; 11-190-02-216; 11-265-01-035; 11-156-02-008; 11-207-01-000; 11-189-02-103; 11-264-06-027; 11-263-01-084; 11-190-02-092; 11-190-05-000; 11-190-02-206; 11-190-02-036; 11-190-02-037; 11-228-01-005; 11-264-02-021; 11-264-08-118; 11-189-05-005; 11-173-11-000; 11-281-07-000; 11-277-02-000; 11-264-06-021; 11-191-02-014; 11-261-09-000 and 11-190-02-016."

SECTION 2. Said Act is further amended by striking Section 2.14 and inserting in lieu thereof a new section to read as follows:

"SECTION 2.14. Election by majority.

Persons receiving a majority of the votes cast for either the mayor or councilmember shall be elected."

SECTION 3. Said Act is further amended by striking paragraph (4) of Section 3.22 and inserting in lieu thereof a new paragraph to read as follows:

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"(4) Cosign or designate the city administrator to cosign in his or her stead, along with an individual so designated by majority vote of the city council, all checks for the payment of money, after payment of unpaid invoices, bills, and vouchers is approved by the mayor or his or her city administrator designee and city council and approval for payment has been entered upon the minutes of the city;"

SECTION 4. Said Act is further amended by striking Sections 4.13 through 4.19 and inserting in lieu thereof new sections to read as follows:

"SECTION 4.13. City clerk.

The city council shall appoint a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal, maintain city council records required by this charter, and perform such other duties as may be required by the city council. The city council may appoint an assistant city clerk who shall serve in the absence of the city clerk to perform such duties as he or she may be directed. The city clerk shall be appointed at the organizational meeting in January for a period of two years unless an employment contract for a greater length of time has been consummated. Vacancies may be filled by immediate action of the city council for the unexpired term of appointment, if applicable, or if occurring prior to the expiration of any contract term for the period until the next organizational meeting of the mayor and city council.

SECTION 4.14. City treasurer.

The city council shall appoint a city treasurer to perform the duties of a treasurer and fiscal officer. The city council may by ordinance abolish the position of city treasurer and provide that the duties of the city treasurer shall be performed by the city administrator. The city treasurer shall be appointed at the organizational meeting in January for a period of two years unless an employment contract for a greater length of time has been consummated. Vacancies may be filled by immediate action of the city council for the unexpired term of appointment, if applicable, or if occurring prior to the expiration of any contract term for the period until the next organizational meeting of the mayor and city council.

GEORGIA LAWS 2010 SESSION
SECTION 4.15. City administrator.

3805

The mayor and council shall appoint a city administrator and provide by ordinance for the powers, duties, appointment, qualifications, and compensation of the city administrator. The city administrator shall be appointed at the organizational meeting in January for a period of two years unless an employment contract for a greater length of time has been consummated. Vacancies may be filled by immediate action of the city council for the unexpired term of appointment, if applicable, or if occurring prior to the expiration of any contract term for the period until the next organizational meeting of the mayor and city council. Each place in the charter where the term "city manager" occurs shall be deemed hereafter to mean and refer to "city administrator."

SECTION 4.16. Municipal court clerk.

The mayor and council, acting in their sole discretion, are authorized to create the position of municipal court clerk and to provide by ordinance for the powers, duties, appointment, qualifications, and compensation of the municipal court clerk. The city clerk shall serve as ex officio municipal court clerk in the absence of the municipal court clerk. The municipal court clerk shall be appointed at the organizational meeting in January for a period of two years unless an employment contract for a greater length of time has been consummated. Vacancies may be filled by immediate action of the city council for the unexpired term of appointment, if applicable, or if occurring prior to the expiration of any contract term for the period until the next organizational meeting of the mayor and city council.

SECTION 4.17. Police chief.

The mayor and council, acting in their sole discretion, are authorized to create the position of police chief and to provide by ordinance for the powers, duties, appointment, qualifications, and compensation of the police chief. The police chief shall be appointed at the organizational meeting in January for a period of two years unless an employment contract for a greater length of time has been consummated. Vacancies may be filled by immediate action of the city council for the unexpired term of appointment, if applicable, or if occurring prior to the expiration of any contract term for the period until the next organizational meeting of the mayor and city council.

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SECTION 4.18. Parks and recreation director.

The mayor and council, acting in their sole discretion, are authorized to create the position of parks and recreation director and to provide by ordinance for the powers, duties, appointment, qualifications, and compensation of the parks and recreation director. The parks and recreation director shall be appointed at the organizational meeting in January for a period of two years unless an employment contract for a greater length of time has been consummated. Vacancies may be filled by immediate action of the city council for the unexpired term of appointment, if applicable, or if occurring prior to the expiration of any contract term for the period until the next organizational meeting of the mayor and city council.

SECTION 4.19. Public works director.

The mayor and council, acting in their sole discretion, are authorized to create the position of public works director and to provide by ordinance for the powers, duties, appointment, qualifications, and compensation of the public works director. The public works director shall be appointed at the organizational meeting in January for a period of two years unless an employment contract for a greater length of time has been consummated. Vacancies may be filled by immediate action of the city council for the unexpired term of appointment, if applicable, or if occurring prior to the expiration of any contract term for the period until the next organizational meeting of the mayor and city council.

SECTION 4.20. Rules and regulations.

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 a position classification and pay plan, methods of promotion and applications of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) Such dismissal hearings as due process may require; and (5) Such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs.

GEORGIA LAWS 2010 SESSION
SECTION 4.21. Municipal court clerk; oath.

3807

The municipal court clerk will be administered the same oath as the municipal judge as outlined in subsection (e) of Section 5.11 of this charter except that the term 'clerk' shall be substituted for the term 'judge' in such oath."

SECTION 5. Said Act is further amended by striking subsections (a) and (b) of Section 5.11 and inserting in lieu thereof new subsections to read as follows:
"(a) The municipal court shall be presided over by a chief judge and such other part-time, full-time, or stand-by judges as shall be provided by ordinance. The method of selection and terms of other part-time, full-time, or stand-by 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. The chief judge shall be appointed at the first meeting in January for a period of one year unless an employment contract for a greater length of time has been consummated. The other part-time, full-time, or stand-by judges shall serve until they resign or are removed for cause by the city council."

SECTION 6. This Act shall become effective on July 1, 2010.

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 2010 session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Varnell, approved May 4, 1992 (Ga. L. 1992, p. 6670), as amended, so as to change the corporate boundaries of said city; to provide for election by majority vote for mayor and councilmembers; to change provisions relating to cosigning checks by the mayor; to change provisions relating to the city clerk, city treasurer, city administrator, municipal court clerk, police chief, and municipal court judge; to eliminate the position of city marshall; to provide or additional positions; to revise provisions relating to rules and regulations; to provide for related matters, to provide an effective date; and for other purposes.
This 17th day of March, 2010

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Tom Dickson Representative Tom Dickson District 6

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Dickson, who on oath deposes and says that he is the Representative from District 6 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Daily Citizen which is the official organ of Whitfield County on March 19, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

s/ TOM DICKSON Tom Dickson Representative, District 6

Sworn to and subscribed before me, this 22nd day of March 2010.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)

Approved June 2, 2010.

__________

WAYNE COUNTY WAYNE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY; REPEAL ACT INCREASING NUMBER OF DIRECTORS.

No. 571 (House Bill No. 1275).

AN ACT

To repeal an Act entitled "An Act to increase the number of directors on the board of the Wayne County Industrial Development Authority," approved May 1, 2006 (Ga. L. 2006, p. 3995); to repeal conflicting laws; and for other purposes.

GEORGIA LAWS 2010 SESSION BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. An Act entitled "An Act to increase the number of directors on the board of the Wayne County Industrial Development Authority," approved May 1, 2006 (Ga. L. 2006, p. 3995), is repealed in its entirety.

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

INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2010 session of the General Assembly of Georgia a bill to appeal an Act entitled "An Act to Increase the number of directors on the board of the Wayne County Industrial Development Authority," approved May 1, 2006 (Ga. L. 2006, p. 3995); and for other purposes.
This 16th day of February, 2010.
s-Mark Williams Representative Mark Williams District 178
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mark Williams, who on oath deposes and says that he is the Representative from District 178 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the The Press-Sentinel which is the official organ of Wayne County on February 20, 2010, and that the notice requirements of Code Section 28-1-14 have been met.
s/ MARK WILLIAMS Mark Williams Representative, District 178

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Sworn to and subscribed before me, this 24th day of February 2010.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)

Approved June 2, 2010.

__________

CITY OF TENNILLE MAYOR; VOTE; SUBMISSION OF ORDINANCES.

No. 572 (House Bill No. 1461).

AN ACT

To amend an Act to provide a new charter for the City of Tennille, approved May 11, 2009 (Ga. L. 2009, p. 4370), so as to provide for the mayor's vote; to provide for the submission of ordinances; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to provide a new charter for the City of Tennille, approved May 11, 2009 (Ga. L. 2009, p. 4370), is amended by revising paragraph (5) of Section 2.29 as follows:
"(5) Vote on matters before the city council as provided in subsection (b) of Section 2.21;"

SECTION 2. Said Act is further amended by revising subsection (b) of Section 2.31 as follows:
"(b) The mayor, within ten calendar days of receipt of an ordinance, shall return it to the clerk with or without the mayor's approval. An ordinance approved by the mayor shall bear the signature of the mayor and shall become law upon its return to the clerk. If the mayor has not taken action within ten calendar days, such ordinance shall become law at 12:00 Noon on the tenth calendar day after its adoption. The clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor."

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

GEORGIA LAWS 2010 SESSION NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

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Notice is given that there will be introduced at the regular 2010 session of the General Assembly of Georgia a bill to amend an Act to provide a new charter for The City of Tennille, approved May 11, 2009 (Ga. L. 2009, p. 4370); and for other purposes.

This 17th day of March, 2010.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mack Jackson, who on oath deposes and says that he is the Representative from District 142 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Sandersville Progress which is the official organ of Washington County on March 17, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

s/ MACK JACKSON Mack Jackson Representative, District 142

Sworn to and subscribed before me, this 23rd day of March 2010.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)

Approved June 2, 2010.

__________

TURNER COUNTY BOARD OF ELECTIONS AND REGISTRATION; CREATE.

No. 573 (Senate Bill No. 545).

AN ACT

To create a board of elections and registration for Turner County and to provide for its powers and duties; to provide for definitions; to provide for the composition of the board and

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

the selection and appointment of members; to provide for the qualifications, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for certain expenditures of public funds; to provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for related matters; to repeal an Act creating the Turner County Board of Elections, approved March 30, 1989 (Ga. L. 1989, p. 4559), as amended; to provide for submission of this Act 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 (a) of Code Section 21-2-40 of the O.C.G.A., there is created the Board of Elections and Registration of Turner County, hereinafter referred to as "the board." The board shall have the powers, duties, and responsibilities of the superintendent of elections of Turner 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 Turner County, and the powers, duties, and responsibilities of the board of registrars of Turner County under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."

SECTION 2. As used in this Act, the terms "election," "elector," "political party," "primary," and "public office" shall have the same meanings as set forth in Code Section 21-2-2 of the O.C.G.A. unless otherwise clearly apparent from the text of this Act; the term "commissioners" means the board of commissioners of Turner County; and the term "county" means Turner 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 by the governing authority of the county. (b) The initial members of the board shall be appointed for terms of office beginning on the date of appointment. The governing authority of the county shall designate one of the initial members to serve for a term of two years and two of the initial members to serve for terms of four years and until their successors are appointed and qualified. Thereafter, all members of the board shall be appointed for terms of four years and until their successors are appointed and qualified. (c) Each member of the board shall successfully complete all mandatory training by achieving a passing score on any test administered as a part of such training. Any board member who fails to successfully complete such training and achieve a passing score on

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any test administered as a part of such training shall stand immediately terminated and shall be replaced by the authority appointing such board member. Any such appointment shall be to fill the unexpired term of the member replaced. Every two years, the board shall elect one of its members to serve as chairperson for a two-year term.

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 shall be residents of Turner County and shall have been registered voters in Turner County for a period of at least one year prior to the date of their appointment to the board. (c) No person shall be eligible to serve as a member of the board of elections and registration while holding any public office to which he or she was appointed or while he or she is a salaried employee of the governing authority of Turner County or of any municipality within the county or of any board of education or commission, board, or authority appointed by the governing authority of the county or any municipality within the county, except that members of the board of elections and registration shall be eligible for reappointment.

SECTION 5. The appointing authority shall certify the appointment of each member of the board by filing an affidavit with the clerk of the Superior Court of Turner County no later than 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 by this Act. The clerk of the superior court shall record each such certification on the minutes of the court and shall certify the name of each such 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 without limitations and shall have the right to resign at any time by giving written notice of such resignation to the appointing authority and to the clerk of the Superior Court of Turner County. Each member shall be subject to removal from the board at any time, for cause, after notice and hearing, by the chief judge of the Superior Court of Turner County in the same manner and by the same authority as provided for the removal of registrars.

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

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

authority 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 take such action as is appropriate to the management of the affairs committed to its supervision; provided, however, that no such action shall conflict with state law. Action and decision by the board shall be by a majority of the members of the board. The board shall be responsible for the selection, appointment, and training of poll workers in primaries and elections. (b) The board shall fix and establish, by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. 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 record shall be made available for the public to review.

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

SECTION 11. (a) There shall be a full-time elections supervisor to administer and supervise the conduct of elections and primaries and the registration of electors of the county. The board shall act within 60 days of its members taking office under this Act, or of the date of any vacancy in such position, to submit and recommend for the position one to three names of qualified individuals to the commissioners, who shall hire an elections supervisor based on a job description drawn by the board. The commissioners may either hire one of the candidates submitted and recommended by the board or the commissioners may reject all the candidates submitted and recommended by the board and hire another qualified candidate. The elections supervisor shall be deemed a county department head and shall not be eligible to serve as a member of the board. The elections supervisor shall be considered a county employee for purposes of pay, benefits, sick leave, vacation, termination of employment, and

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other purposes. As a county department head, the elections supervisor shall be subject to direction, evaluation, and corrective action by the board of commissioners. (b) The elections supervisor shall be authorized to employ such full-time and part-time employees, including poll workers, as may be deemed necessary by the elections supervisor and as are approved in the annual budget adopted by the governing authority of the county. All such employees shall be considered county employees for purposes of pay, benefits, sick leave, vacation, and other purposes.

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

SECTION 13. The commissioners shall provide the board with such proper and suitable offices, equipment, materials, and supplies and with such clerical assistance and other employees as the commissioners deem appropriate.

SECTION 14. An Act creating the board of elections of Turner County, approved March 30, 1989 (Ga. L. 1989, p. 4559), as amended, is repealed in its entirety.

SECTION 15. The commissioners shall through the board's 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 16. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Upon this Act becoming effective, the former board of elections of Turner County and the board of registrars of Turner 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 Turner County shall be abolished.

SECTION 17. All laws and parts of laws in conflict with this Act are repealed.

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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 2010 session of the General Assembly of Georgia a bill to repeal an Act creating the Turner County Board of Elections approved March 30, 1989 (Ga. L. 1989, p. 4559), as amended; to create a Turner County Board of Elections and Registration: for other purposes.

This 31st day of March, 2010.

Representative Austin Scott District 13

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Crosby, who on oath deposes and says that he is the Senator from District 13 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Wiregrass Farmer which is the official organ of Turner County on March 31, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

s/ JOHN CROSBY John Crosby Senator, District 13

Sworn to and subscribed before me, this 13th day of April 2010.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)

Approved June 2, 2010.

__________

GEORGIA LAWS 2010 SESSION

3817

TURNER COUNTY BOARD OF ELECTIONS AND REGISTRATION; CREATE.

No. 574 (House Bill No. 1506).

AN ACT

To create a board of elections and registration for Turner 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 repeal an Act creating a board of elections for Turner County, approved March 30, 1989 (Ga. L. 1989, p. 4559); to repeal an Act to amend the Act to provide a board of elections for Turner County, approved April 14, 1997 (Ga. L. 1997, p. 4175); 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 Turner County. The board shall have the powers, duties, and responsibilities of the superintendent of elections of Turner 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 Turner County, and the powers, duties, and responsibilities of the board of registrars of Turner County under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."

SECTION 2. As used in this Act, the term:
(1) 'Board' means the Board of Elections and Registration of Turner County. (2) 'Commissioners' means the Board of Commissioners of Turner County. (3) 'County' means Turner County. (4) 'Election' shall have the same meaning as provided for in O.C.G.A. Code Section 21-2-2. (5) 'Elector' shall have the same meaning as provided for in O.C.G.A. Code Section 21-2-2.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(6) 'Political party' shall have the same meaning as provided for in O.C.G.A. Code Section 21-2-2. (7) 'Primary' shall have the same meaning as provided for in O.C.G.A. Code Section 21-2-2. (8) 'Public office' shall have the same meaning as provided for in O.C.G.A. Code Section 21-2-2.

SECTION. 3 (a) The board shall be composed of five members who shall be appointed as provided in this section. (b) Three members of the board shall be selected by the commissioners. (c) 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. One member of the board shall be appointed by the political party which received the second highest number of votes within the county for its candidate for Governor in the general election immediately preceding the appointment of such member. Each of these members appointed by the political parties shall be nominated by the party chairperson and ratified by the county executive committee of the appropriate 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 the political party. Should either political party fail to make its appointment, the other appointed members of the board shall be authorized to conduct the business of the board.
(d)(1) The initial members of the board shall be appointed no later than June 1, 2010. (2) The initial members appointed by the governing authority shall take office on July 1, 2010, and serve an initial term of office of four years which shall expire on June 30, 2014, and until their respective successors are appointed and qualified. Successors to such members shall be appointed not later than 30 days prior to the expiration of such members' term of office to take office on July 1, 2014, and every four years thereafter for a term of four years and until their respective successors are appointed and qualified. (3) The initial members appointed by the political parties shall take office on July 1, 2010, and serve an initial term of two years which shall expire on June 30, 2012, and until their respective successors are appointed and qualified. Successors to such members shall be appointed no later than 30 days prior to the expiration of such members' term of office to take office on July 1, 2012, and every four years thereafter for a term of four years and until their respective successors are appointed and qualified. (4) Successors to the initial members shall be appointed and qualified in the same manner as the initial members of the board.

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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 Turner County and must have been registered voters in Turner County for a period of at least one year prior to the date of appointment to the board.

SECTION 5. The governing authority of Turner 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 each member is 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 such certification on the minutes of the superior court, 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 succeed himself or herself without limitation, shall have the right to resign at any time by giving written notice of such resignation to the commissioners and to the clerk of the superior court, and shall be subject to removal from the board by the commissioners 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 appointing authority that made the original appointment of such member 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 take such action as is appropriate to the management of the affairs committed to its

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

supervision; provided, however, that no such action shall conflict with state law. Action and decisions 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 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) The board shall elect one of its members to serve as chairperson on an annual basis.

SECTION 10. The board shall have the authority to contract with any municipality or such other political subdivision located within Turner County for the holding by the board of any primary or election to be conducted within such municipality or political subdivision; provided, however, that any such contract must be approved and ratified by the commissioners. Municipalities and political subdivisions shall be responsible to reimburse the commissioners for all costs related to or associated with any election performed by the board for the municipality or political subdivisions.

SECTION 11. (a) The commissioners shall be authorized to appoint an elections 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 elections supervisor shall not be a member of the board or an elected official. The elections supervisor shall maintain regular office hours as directed by the commissioners. The elections supervisor may be either a full-time position or part-time position as determined by the commissioners. The elections supervisor shall be considered an employee of the county and shall be entitled to the same benefits as other full-time or part-time employees of the county. The elections supervisor shall be considered a county employee for purposes of pay, benefits, sick leave, vacation, termination of employment, and for other purposes. The election supervisor shall be subject to direction, evaluation, and corrective action by the commissioners. (b) The commissioners shall be authorized to employ additional clerical assistants as needed to carry out the duties and functions of the board. All such clerical assistants shall be considered to be employees of county and shall be entitled to the same benefits as other employees of county. (c) The current election superintendent shall act as election supervisor until an election supervisor is appointed as provided in this section; the current election superintendent may be appointed to succeed himself or herself.

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SECTION 12. Compensation for the members of the board, elections supervisor, clerical assistants, and other employees shall be fixed by the commissioners. Such compensation shall be paid wholly from county funds.

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

SECTION 14. The commissioners 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 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 1, 2010. Upon this Act becoming fully effective, the board of elections of Turner County and the board of registrars of Turner County shall be relieved of all powers and duties to which the board succeeds by the provisions of the Act and shall deliver to the board all equipment, supplies, materials, books, papers, records, and facilities pertaining to such powers and duties. Effective July 1, 2010, the board of registrars of Turner County shall be abolished. Effective July 1, 2010, the board of elections of Turner County shall be abolished and an Act creating a board of elections for Turner County, approved March 30, 1989 (Ga. L. 1989, p. 4559), and amended by an Act approved April 14, 1997 (Ga. L. 1997, p. 4175), is repealed.

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 2010 session of the General Assembly of Georgia a bill to repeal an Act creating the Turner County Board of Elections approved March 30, 1989 (Ga. L. 1989, p. 4559), as amended; to create a Turner County Board of Elections and Registration; for other purposes.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

This 31st day of March, 2010.

Representative Austin Scott

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Austin Scott, who on oath deposes and says that he is the Representative from District 153 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Wiregrass Farmer which is the official organ of Turner County on March 31, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

s/ AUSTIN SCOTT Austin Scott Representative, District 153

Sworn to and subscribed before me, this 12th day of April 2010.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)

Approved June 2, 2010.

__________

CITY OF HIAWASSEE HOMESTEAD EXEMPTION; CITY TAXES; REFERENDUM.

No. 575 (House Bill No. 1453).

AN ACT

To provide for a homestead exemption from City of Hiawassee ad valorem taxes for municipal purposes in the amount of $8,000.00 of the assessed value of the homestead for residents of that city; 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

GEORGIA LAWS 2010 SESSION

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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 Hiawassee, 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 Hiawassee is granted an exemption on that person's homestead from City of Hiawassee ad valorem taxes for municipal purposes in the amount of $8,000.00 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 such 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 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 Hiawassee 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, 2011.

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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 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 that election on the date of the 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 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 Hiawassee ad valorem taxes for municipal purposes in the amount of
( ) NO $8,000.00 of the assessed value of the homestead for residents of that 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, Section 1 of this Act shall become of full force and effect on January 1, 2011. 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 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 2010 session of the General Assembly of Georgia a bill to provide a homestead exemption from the City of Hiawassee ad valorem taxes in the amount of $8,000 of the assessed value of the homestead for residents of that city; and for other purposes.
This 22nd Day of January 2010

GEORGIA LAWS 2010 SESSION
Representative Stephen Allison District 8

3825

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Stephen Allison, 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 February 3, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

s/ STEPHEN ALLISON Stephen Allison Representative, District 8

Sworn to and subscribed before me, this 22nd day of March, 2010.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)

Approved June 2, 2010.

__________

TOWNS COUNTY HOMESTEAD EXEMPTION; SCHOOL TAXES; REFERENDUM.

No. 576 (House Bill No. 1452).

AN ACT

To provide a homestead exemption from Towns County school district ad valorem taxes for educational purposes in the amount of $8,000.00 of the assessed value of the homestead for residents of that county; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

3826

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. (a) As used in this Act, the term:
(1) "Ad valorem taxes for educational purposes" means all ad valorem taxes for educational 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) "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 Towns County is granted an exemption on that person's homestead from all Towns County school district ad valorem taxes for educational purposes in the amount of $8,000.00 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 such 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 of Towns County 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 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 Towns 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, 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 Towns 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, 2011.

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Towns 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

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rejection. The election superintendent shall conduct that election on the date of the 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 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 the amount of $8,000.00 of the assessed value of the homestead for residents of that 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, Section 1 of this Act shall become of full force and effect on January 1, 2011. 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.

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2010 session of the General Assembly of Georgia a bill to provide a homestead exemption from Towns County school district ad valorem taxes for educational purposes in the amount of $8,000 of the assessed value of the homestead for residents of that county; and for other purposes.
This 22nd day of January, 2010.
Representative Stephen Allison District 8

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Stephen Allison, 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 February 3, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

s/ STEPHEN ALLISON Stephen Allison Representative, District 8

Sworn to and subscribed before me, this 22nd day of March, 2010.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)

Approved June 2, 2010.

__________

CITY OF COOLIDGE NEW CHARTER.

No. 577 (House Bill No. 1462).

AN ACT

To create a new charter for the City of Coolidge; 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

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and regulations; to provide for a municipal court and the judge or judges thereof and other matters relative to those judges; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; to provide for elections; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for auditing, accounting, budgeting, and appropriations; to provide for city contracts and purchasing; to provide for the conveyance of property and interests therein; to provide for bonds for officials; to provide for prior ordinances and rules, pending matters, and existing personnel; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to provide for severability; 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 Coolidge, 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 Coolidge City Hall and to be identified by the city clerk as Official Map of the Corporate Limits of the City of Coolidge, Georgia. A photographic, typed, or other copy of such map or description certified by the City of Coolidge shall be admitted as evidence in all courts and shall have the same force and effect as with the original map. (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.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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. Specific powers.

The corporate powers of the City of Coolidge to be exercised by the governing authority may include the following:
(1) Animal regulations. To regulate and license or to prohibit the keeping or running of 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; (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 or for municipalities by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (3) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; and to regulate all housing and building trades; (4) Business regulation and taxation. To levy and to provide for 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 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 O.C.G.A.; (6) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations;

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(7) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists inside or outside the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (8) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of the city through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (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 fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal fee and other sanitary service charge 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 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; (11) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (13) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (14) Jail sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city, to provide for commitment of such persons to any jail, or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (15) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city; (16) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same;

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(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 and the laws of the State of Georgia; (18) Municipal property ownership. To acquire, dispose of, lease, option, 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; (19) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, cable television and other telecommunications, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties and to provide for the withdrawal of service for refusal or failure to pay the same; (21) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (22) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (23) Planning and zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community; (24) Police and fire protection. To exercise the power of arrest through duly appointed police and to establish, operate, or contract for a police and a fire-fighting agency; (25) Public hazards: removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (26) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks, and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detention, penal, and medical institutions, agencies, and facilities; and to provide any other public improvements, inside or outside the corporate limits of the city; to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under procedures provided by the O.C.G.A. as the same shall exist from time to time; (27) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (28) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (29) Public utilities and services. To grant franchises or make contracts for or impose taxes on public utilities and public service companies; and to prescribe the rates, fares,

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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; (30) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (31) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (32) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, provide drainage for, adorn with shade trees or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands; and to impose penalties for failure to do so; (33) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sanitary sewage disposal plant and sewerage system and to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system; (34) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials; and to provide for the sale of such items; (35) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use 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; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (37) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation;

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(38) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; (39) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (40) Urban redevelopment. To organize and operate an urban redevelopment program; and (41) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated 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 1.14. 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 provisions, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.

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

The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and six councilmembers. The city council 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.

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SECTION 2.11. City council terms and qualifications for office.

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The members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the city for 12 months prior to the date of election of the mayor or member of the council; each person holding city office shall continue to reside therein during his or her period of service, be registered and qualified to vote in municipal elections of this city, and be at least 21 years of age.

SECTION 2.12. Vacancy; filling of vacancies.

(a) Vacancies - The office of mayor or councilmember shall become vacant upon the occurrence of any event specified by the Constitution, Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted; provided, however, the office of mayor or councilmember shall be come vacant upon the unexcused absence of the holder of the office from four consecutive regularly scheduled meetings of the city council. Excused absences shall be granted by a majority vote of the remaining city councilmembers and the mayor as provided in Section 2.21 of this charter and shall be entered upon the minutes of the council meeting. (b) Filling of vacancies - A vacancy in the office of councilmember shall be filled for the remainder of the unexpired term, if any, by appointment by the remaining councilmembers. A vacancy in the office of mayor shall be filled by the mayor pro tempore. The council shall appoint a councilmember to serve the remainder of the unexpired term of the position vacated by the mayor pro tempore.

SECTION 2.13. Compensation and expenses.

The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance and in accordance with Chapter 35 of Title 36 of the O.C.G.A.

SECTION 2.14. Conflicts of interest.

(a) Elected and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. (b) Neither the mayor nor any 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.

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SECTION 2.15. Inquiries and investigations.

Following the adoption of an authorizing resolution, the city council may make inquiries and investigations into the affairs of the city and 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 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, 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 first 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) (affirm) that I will faithfully perform the duties of (mayor) (councilmember) for the City of Coolidge, 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

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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 of the United States and the State of Georgia; that I have been a resident of the City of Coolidge for the time required by the Constitution and laws of the State of Georgia and the Charter of the City of Coolidge, 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 three members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 24 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law, and notice to the public of special meetings shall be made fully as is reasonably possible as provided by Chapter 14 of Title 50 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted.

SECTION 2.20. 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 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.

Four councilmembers other than the mayor or the mayor and three councilmembers shall constitute a quorum and shall be authorized to transact the business of the city council. Voting on the adoption of ordinances shall be by voice vote, and the vote shall be recorded

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in the journal; but any councilmember shall have the right to request a roll-call vote, and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of four councilmembers shall be required for the adoption of any ordinance, resolution, or motion. The mayor shall vote only in the event of a tie or when an affirmative or negative vote by the mayor constitutes a majority of four votes. An abstention shall not be counted as either an affirmative or negative vote.

SECTION 2.22. Ordinance form; procedures.

(a) Every proposed ordinance should be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "It is hereby ordained by the governing authority of the City of Coolidge" 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 to each councilmember and shall file a reasonable number of copies in the office of the city clerk and at such other public places as the city council may designate.

SECTION 2.23. Action requiring an ordinance.

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

SECTION 2.24. Emergencies.

(a) To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or three councilmembers and 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

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rejected at the meeting at which it is introduced, but the affirmative vote of at least four councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. (b) Such meetings shall be open to the public to the extent required by law, and notice to the public of emergency meetings shall be made as fully as is reasonably possible in accordance with Chapter 14 of Title 50 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted.

SECTION 2.25. Codes of technical regulations.

(a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of subsection (b) of Section 2.22 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 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 council. (b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as "The Code of the City of Coolidge, 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

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shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.

SECTION 2.27. Chief executive officer.

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

SECTION 2.28. Powers and duties of mayor.

As the chief executive of this city, the mayor shall: (1) Preside at all meetings of the city council; (2) Be the official head of the city for the service of process and for ceremonial purposes; (3) Have power to administer oaths and to take affidavits; (4) Sign all written contracts entered into by the council on behalf of the city and all other contracts and instruments executed by the city which by law are required to be in writing; (5) See that all laws and ordinances of the city are faithfully executed; (6) Suspend any or all appointed officers, department heads, or employees of the city for cause, said suspension to remain in effect until the next council meeting wherein the full council shall determine whether the suspension shall be lifted or whether the officer, department head, or employee shall be removed from the employ of the city; (7) Exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities; (8) Submit to the council at least once a year a statement covering the financial condition of the city and, from time to time, such other information as the council may request; (9) Recommend to the 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; (10) Call special meetings of the council as provided for in Section 2.31 of this charter; (11) Require any department or agency of the city to submit written reports in connection with the affairs thereof whenever he or she deems it expedient; (12) Vote only in accordance with Section 2.21 of this charter; and (13) Perform other duties as may be required by law, this charter, or ordinance.

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SECTION 2.29. Mayor pro tempore; selection; duties.

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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.

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 of and establish, abolish, alter, consolidate, or leave vacant all nonelective offices, positions of employment, departments, and agencies of the city, as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or by law, the directors of city departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor, be responsible for the administration and direction of the affairs and operations of that director's department or agency. (e) All appointive officers, directors, and department heads under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the city council. All appointive officers, directors, and department heads shall be employees at will and subject to removal or suspension at any time by the mayor unless otherwise provided by law or ordinance.

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.

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(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. (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, 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.

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SECTION 3.13. City clerk.

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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 mayor.

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 Coolidge.

SECTION 4.11. Chief judge; associate judge.

(a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless that person shall have attained the age of 21 years and shall possess all qualifications required by law. All judges shall be appointed by the mayor and 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 mayor and city council unless otherwise provided by ordinance. (e) Before assuming office, each judge shall take an oath, given by the mayor, that the judge will honestly and faithfully discharge the duties of the office to the best of that person's ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.20 of this charter.

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SECTION 4.12. Convening.

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

SECTION 4.13. Jurisdiction; powers.

(a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $500.00 or imprisonment for 90 days, or both such fine and imprisonment, or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. (d) The municipal court shall have 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 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.

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SECTION 4.14. Certiorari.

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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 Thomas 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 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.

SECTION 4.16. Indigent defense and prosecutor.

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 Coolidge with violations of ordinances 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.

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.

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SECTION 5.11. Regular elections; time for holding.

(a) The mayor and councilmembers serving on the effective date of this charter shall serve out the remainder of their terms of office. (b) There shall be elected the mayor and three councilmembers at one election and every four years thereafter. There shall be elected three councilmembers at the next succeeding election and every four years thereafter. Terms shall be for four years. (c) Elections for mayor and city council shall be held on the Tuesday following the first Monday in November of each election year. At the 2010 election the mayor plus three councilmembers shall be elected for three-year terms, and beginning in 2013 their successors shall be elected for four-year terms. Beginning in 2011 there shall be an election for three councilmembers and they shall serve for four-year terms and their successors shall be elected to four-year terms.

SECTION 5.12. Nonpartisan elections.

Political parties shall not conduct primaries for city offices, and names of all 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 the office of mayor shall be elected. The persons receiving the highest number of votes cast for city council positions 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 required by Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.

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SECTION 5.15. Removal of officers.

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

ARTICLE VI FINANCE
SECTION 6.10. Property tax.

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

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

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

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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 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.

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SECTION 6.15. Service charges.

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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 and outside the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.

SECTION 6.16. Special assessments.

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

SECTION 6.17. Construction; other taxes and fees.

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.fa.'s, creation and priority of liens; 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 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

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state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken.

SECTION 6.20. Revenue bonds.

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

SECTION 6.21. Short-term loans.

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

SECTION 6.22. Lease purchase contracts.

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

SECTION 6.23. Fiscal year.

The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting 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 a 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.

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SECTION 6.25. Submission of operating budget to city council.

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

SECTION 6.26. Action by city council on budget.

(a) The city council may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council, by ordinance, shall adopt the final operating budget for the ensuing fiscal year not later than the first day of the 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 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 of the otherwise unencumbered balance of the appropriations, or allotment thereof, to which it is chargeable.

SECTION 6.27. Tax levies.

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

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forth in the annual operating budget for defraying the expenses of the general government of this city.

SECTION 6.28. Changes in appropriations.

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

SECTION 6.29. Independent audit.

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

SECTION 6.30. Contracting procedures.

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

SECTION 6.31. 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.

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(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.

ARTICLE VII GENERAL PROVISIONS
SECTION 7.10. Bonds for officials.

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

SECTION 7.11. Prior ordinances.

All ordinances, resolutions, rules, and regulations now in force in the city and not inconsistent with this charter are declared valid and of full effect and force until amended or repealed by the city council.

SECTION 7.12. Existing personnel and officers.

Except as specifically provided otherwise by this charter, all personnel and officers of the city and their rights, privileges, and powers shall continue beyond the time this charter takes effect 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

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desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition.

SECTION 7.13. Pending matters.

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

SECTION 7.14. Construction.

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

SECTION 7.15. Severability.

If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect nor impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, 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 Coolidge in the County of Thomas, State of Georgia, approved March 5, 1976 (Ga. L. 1976, p. 2872), is 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 repealed.

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SECTION 7.17. Effective date.

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

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 2010 session of the General Assembly of Georgia a bill to create a new charter for the City of Coolidge; and for other purposes.
This 19th day of March, 2010.
Representative Mike Keown District 173

GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mike Keown, who on oath deposes and says that he is the Representative from District 173 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Thomasville Times-Enterprise which is the official organ of Thomas County on March 19, 2010, and that the notice requirements of Code Section 28-1-14 have been met.
s/ MIKE KEOWN Mike Keown Representative, District 173

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Sworn to and subscribed before me, this 24th day of March 2010.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)

Approved June 2, 2010.

__________

TOWN OF SASSER NEW CHARTER.

No. 578 (House Bill No. 1400).

AN ACT

To provide a new charter for the Town of Sasser in Terrell County; to provide for incorporation, boundaries, and powers of the town; to provide for a governing authority of such town 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 or vice mayor and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for a town attorney, a town clerk, and other personnel and matters relating thereto; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof and other matters relative to those judges; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; to provide for elections; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for auditing, accounting, budgeting, and appropriations; to provide for town contracts and purchasing; to provide for the conveyance of property and interests therein; to provide for bonds for officials; to provide for prior ordinances and rules, pending matters, and existing personnel; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes.

GEORGIA LAWS 2010 SESSION BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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ARTICLE 1 INCORPORATION AND POWERS
SECTION 1.10. Incorporation.

This town and the inhabitants thereof are incorporated by the enactment of this charter and are hereby constituted and declared a body politic and corporate under the name and style Town of Sasser, Georgia, and by that name shall have perpetual succession.

SECTION 1.11. Corporate boundaries.

(a) The boundaries of this town shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time by local law or in the manner provided by general state law. The boundaries of this town at all times shall be shown on a map to be retained permanently in the Town of Sasser town hall and to be identified by the town clerk as "Official Map of the Corporate Limits of the Town of Sasser, Georgia." A photographic, typed, or other copy of such map or description certified by the Town of Sasser shall be admitted as evidence in all courts and shall have the same force and effect as the original map or description. (b) The town council may provide for changes in Appendix A by ordinance to reflect lawful changes in the corporate boundaries.

SECTION 1.12. Power and construction.

(a) This town shall have all powers possible for a town 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 town shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of this town shall be construed liberally in favor of the town. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this town.

SECTION 1.13. Specific powers.

The specific powers of the town shall include, but are not limited to, the following:

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(1) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this charter; (2) Appropriations and expenditures. To make appropriations for the support of the government of the town; 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 State of Georgia; and to provide for the payment of expenses of the town; (3) 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; (4) Business regulation. 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 town taxes or fees; (5) Condemnation. 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, 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; (6) Contracts. To enter into contracts 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 town, 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 town; (8) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of the state through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (9) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to firefighting; and to prescribe penalties and punishment for violations thereof; (10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the town from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such

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charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (11) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the town 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 town 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 town's court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the town; to provide for commitment of such persons to any jail; or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (15) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the town; (16) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the town 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 town 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 town; (19) Municipal property protection. To provide for the preservation and protection of property and equipment of the town and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, cable television and other telecommunications, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties; and to provide for the withdrawal of service for refusal or failure to pay the same; (22) Nuisance. To define a nuisance and provide for its abatement whether on public or private property;

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(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 planning for development by zoning and to provide subdivision regulations and the like as the town council deems necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community; (25) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a fire-fighting agency; (26) Public hazards: Removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (27) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, 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, facilities; to provide any other public improvements inside or outside the corporate limits of the town; 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; (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 or impose taxes on public utilities and public service companies; and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission; (31) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance 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 town; and to prescribe penalties and punishment for violation of such ordinances; (32) Retirement. To provide and maintain a retirement plan for officers and employees of the town; (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 town; to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public

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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 sewage system and to levy on those to whom sewers and sewage systems are made available a sewer service fee, charge, or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system; (35) Solid waste disposal. To provide for the collection and disposal 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 areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortune telling, 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 improvements; (38) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (39) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; (40) Taxicabs. To regulate and license vehicles operated for hire in the town, to limit the number of such vehicles, to require the operators thereof to be licensed, to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance, and to regulate the parking of such vehicles; (41) Urban redevelopment. To organize and operate an urban redevelopment program; and (42) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the town 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; 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

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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 1.14 Exercise of powers.

All powers, functions, rights, privileges, and immunities of the town, 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. Town council creation; number; election.

The legislative authority of the government of this town, except as otherwise specifically provided in this charter, shall be vested in a town council to be composed of a mayor and councilmembers. The town council established shall in all respects be a successor to and continuation of the governing authority under prior law. The mayor and councilmembers shall be elected in the manner provided by general law and this charter.

SECTION 2.11. Town council terms and qualifications for office.

The members of the town council shall serve for terms of two 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 town for 12 months prior to the date of election of mayor or members of the council; each shall continue to reside therein during that member's period of service and to be registered and qualified to vote in municipal elections of this town.

SECTION 2.12. Vacancy; filling of vacancies.

(a) Vacancies The office of mayor or councilmember shall become vacant upon the occurrence of any event specified by the Constitution of the State of Georgia, Title 45 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted.

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(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 if less than 12 months remain in the unexpired term, otherwise by an election as provided for in Section 5.14 of this charter and in accordance with Titles 21 and 45 of the Official Code of Georgia Annotated or such other laws 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; holding other office.

(a) Officers as trustess Elected and appointed officers of the town are trustees and servants of the residents of the town 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 town or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of that person's official duties or which would tend to impair the independence of the official's judgment or action in the performance of those official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of that person's official duties or would tend to impair the independence of the official's judgment or action in the performance of those official duties; (3) Disclose confidential information, including information obtained at meetings which are closed pursuant to Chapter 14 of Title 50 of the 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 official's knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which the official is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent any other private interests in any action or proceeding against this town or any portion of its government; or

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(6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which the official has financial interests. (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 town shall disclose such interest to the town council. The mayor or any councilmember who has a financial interest in any matter pending before the town council shall disclose such interest and such disclosure shall be entered on the records of the town council and that official shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such interest to the governing body of such agency or entity. (d) Use of public property No elected official, appointed officer, or employee of the town 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 town council or the governing body of such agency or entity. (e) Contracts voidable and rescindable Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the town 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 town or otherwise be employed by said government or any agency thereof during the term for which that official was elected. No former mayor and no former councilmember shall hold any compensated appointive office in the town until one year after the expiration of the term for which that official was elected. (g) Political activities of certain officers and employees No appointed officer of the town shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. No employee of the town shall continue in such employment upon election to any public office in this town or any other public office which is inconsistent, incompatible, or in conflict with the duties of the town employee. Such determination shall be made by the mayor and town council either immediately upon election or at any time such conflict may arise. (h) Penalties for violation (1) Any town 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 town who shall forfeit an office or position as described in paragraph (1) of this subsection shall be ineligible for appointment or election or employment in a position in the town government for a period of three years thereafter.

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SECTION 2.15. Inquiries and investigations.

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Following the adoption of an authorizing resolution, the town council may make inquiries and investigations into the affairs of the town 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 town council shall be punished as provided by ordinance.

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

The town council shall be vested with all the powers of government of this town except as otherwise provided by law or this charter.

SECTION 2.17. Eminent domain.

The town 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, detention, penal, and medical institutions, agencies, and facilities and any other public improvements inside or outside the town; to regulate the use thereof and for such purposes, property may be condemned under procedures established under applicable general law or such other laws as may hereafter be enacted.

SECTION 2.18. Organizational meetings.

The town council shall hold an organizational meeting on the first Monday in January following the municipal election. The meeting shall be called to order by the town 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 town councilmember in and for the Town of Sasser 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

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Constitution and laws of Georgia; that I will support the Constitution of the United States and the State of Georgia; and that I have been a resident of the Town of Sasser for the time required by the Constitution and laws of the State of Georgia and the charter of the Town of Sasser; so help me God.

_____________________________________ (SIGNATURE)

Attested to and certified by:

____________________________________ Town of Sasser

(SEAL)

SECTION 2.19. Regular and special meetings.

(a) The town council shall hold regular meetings at such times and places as shall be prescribed by ordinance. (b) Special meetings of the town council may be held on call of the mayor or three members of the town council. Notice of such special meetings shall be served on all 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 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 town 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 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 town 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 chairs and officers of the town council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have to power to appoint new members to any committee at any time.

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SECTION 2.21. Quorum; voting.

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The mayor and two councilmembers or three councilmembers shall constitute a quorum and shall be authorized to transact business of the town 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 town council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of a majority of councilmembers shall be required for the adoption of any ordinance, resolution, or motion. An abstention shall be counted as an affirmative vote.

SECTION 2.22. Ordinance form; procedures.

(a) Every proposed ordinance should be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "It is hereby ordained by the governing authority of the Town of Sasser..."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 town council. Ordinances shall be considered and adopted or rejected by the town 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 town 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 town clerk and at such other public places as the town council may designate.

SECTION 2.23. Action requiring an ordinance.

Acts of the town 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 town council may convene on a 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

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shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least three councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. (b) Such meetings shall be open to the public to the extent required by law, and notice to the public of emergency meetings shall be made as fully as is reasonably possible in accordance with Code Section 50-14-1 of the Official Code of Georgia Annotated or such other applicable laws as are or may hereafter be enacted.

SECTION 2.25. Signing; authenticating; recording; codification; printing.

(a) The town clerk shall authenticate by the town clerk's signature and record in full in a properly indexed book kept for that purpose, or on the Internet, all ordinances adopted by the town council. (b) The town council shall provide for the preparation of a general codification of all the ordinances of the town having the force and effect of law. The general codification shall be adopted by the town 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 town council may specify. This compilation shall be known and cited officially as "The Code of the Town of Sasser, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the town, made available for purchase by the public at a reasonable price as fixed by the town council, or supplied on the Internet. (c) The town 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 town 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 town council shall make such further arrangements as deemed desirable for reproduction.

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SECTION 2.26. Election of mayor; forfeiture; compensation.

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The mayor shall be elected and serve for a term of two years and until a successor is elected and qualified. The mayor shall be a qualified elector of this town and shall have been a resident of the town for 12 months prior to the election. The mayor shall continue to reside in this town 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 2.27. Mayor pro tempore.

By a majority vote, the town 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 the mayor's physical or mental disability or absence. Any such disability or absence shall be declared by a majority vote of the town council. The mayor pro tempore shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest as provided in Section 2.14 of this charter.

SECTION 2.28. Powers and duties of the mayor.

The mayor shall: (1) Preside at all meetings of the town council; (2) Be the head of the town for the purpose of service of process and for ceremonial purposes and be the official spokesperson for the town 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 town all written and approved contracts, ordinances, and other instruments executed by the town which by law are required to be in writing; (5) Vote on matters before the town council and be counted toward a quorum as any other councilmember; (6) Prepare and submit to the town council a recommended annual operating budget and recommended capital budget; and (7) Fulfill such other executive and administrative duties as the town council shall by ordinance establish.

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ARTICLE III ADMINISTRATIVE AFFAIRS
SECTION 3.10. Administrative and service departments.

(a) Except as otherwise provided in this charter, the town 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 town as necessary for the proper administration of the affairs and government of this town. (b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the town shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance or resolution. (d) All appointed officers and directors under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the town council. All appointed officers and directors shall be employees at will and subject to removal or suspension at any time by the mayor unless otherwise provided by law or ordinance.

SECTION 3.11. Boards, commissions, and authorities.

(a) The town council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the town council deems necessary and shall by ordinance establish the compensation, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the town shall be appointed by the town 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 town 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 town. (e) Any vacancy on a board, commission, or authority of the town shall be filled for the unexpired term in the manner prescribed in this charter for original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until that person has executed and filed with the clerk of the town an oath obligating that person to faithfully and impartially perform the duties of that member's office, such oath to be prescribed by ordinance and administered by the mayor.

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(g) All board members serve at will and may be removed at any time by a vote of members of the town council unless otherwise provided by law. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the town 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 town. Each board, commission, or authority of the town government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the town, 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 town.

SECTION 3.12. Town attorney.

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

SECTION 3.13. Town clerk

The town 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 3.14. Personnel policies.

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

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ARTICLE IV JUDICIAL BRANCH
SECTION 4.10. Creation; name.

There shall be a court known as the Municipal Court of the Town of Sasser.

SECTION 4.11. Chief judge; associate judge.

(a) The municipal court shall be presided over by a chief judge and such part-time, full-time or standby 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 town council and shall serve until a successor is appointed and qualified. (c) Compensation of the judges shall be fixed by ordinance or resolution. (d) Judges serve at will and may be removed from office at any time by the town council unless otherwise provided by ordinance. (e) Before assuming office, each judge shall take an oath, given by the mayor, that the judge will honestly and faithfully discharge the duties of the office to the best of that person's ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the town council journal as required in Section 2.20 of this charter.

SECTION 4.12. Convening.

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

SECTION 4.13. Jurisdiction; powers.

(a) The municipal court shall try and punish violations of this charter, all town ordinances, and other such 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 or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law.

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(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 recognizance to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for that person's appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at such time and an execution issued thereon by serving the defendant and the defendant's sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be, on order of the judge, declared forfeited to the town 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. (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 town, and each judge of the municipal court shall have the authority as a magistrate of the state to issue warrants for offenses against state laws committed within the town.

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 Terrell 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 town 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 town council may adopt in part or in toto the rules and regulations applicable to municipal courts. The rules and

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regulations made or adopted shall be filed with the town 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. Regular elections; time for holding.

In even-numbered years on the Tuesday next following the first Monday in November, there shall be an election for the mayor and town council. The terms of office shall begin on January 1 following the November election at the organizational meeting provided in Section 2.18 of this charter.

SECTION 5.12. Nonpartisan elections.

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

SECITON 5.13. Election by plurality.

The person receiving the plurality of the votes cast for any town 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 town council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if election to such vacancy occurs within 12 months of the expiration of the term of that office, the town 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

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of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," as now or hereafter amended. Vacancies must be filled in accordance with the procedural requirements of subsection (b) of Code Section 45-5-1 of the Official Code of Georgia Annotated and special elections held in accordance with Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code."

SECTION 5.15. Other provisions.

Except as otherwise provided by this charter, the town council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the Georgia Election Code.

SECITON 5.16. Removal of officers.

(a) The mayor, councilmembers, or other appointed officers provided for in this charter shall be removed from office for any one or more of the causes provided in Title 45 of the 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:
(1) Following a hearing at which an impartial panel shall render a decision. In the event an elected official is sought to be removed by the action of the town 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 town 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 town council to the Superior Court of Terrell 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 Terrell County following a hearing on a complaint seeking such removal brought by any resident of the Town of Sasser.

ARTICLE VI FINANCE
SECTION 6.10. Property tax.

The town council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the town 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

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the town 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 town council in its discretion.

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

The town council, by ordinance, shall establish a millage rate for the town property tax, a due date, and the time period within which these taxes must be paid. The town 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 town council by ordinance shall have the power to require businesses or practitioners doing business within this town to obtain a permit for such activity from the town and pay a reasonable regulatory fee for such permit as provided by general law. Such fees shall reflect the total cost to the town of regulating the activity and, if unpaid, shall be collected as provided in Section 6.17 of this charter.

SECTION 6.13. Franchises.

(a) The town council shall have the power to grant franchises for the use of this town'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 town 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 town receives just and adequate compensation therefor. The town council shall provide for the registration of all franchises with the town clerk in a registration book kept by the town clerk. The town 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 town council has the authority to impose a tax on gross receipts for the use of this town'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.

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SECTION 6.14. Service charges.

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The town 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 town for the total cost to the town of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.17 of this charter.

SECTION 6.15. Special assessments.

The town 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 6.17 of this charter.

SECTION 6.16. Construction; other taxes and fees.

This town 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 town to govern its local affairs.

SECTION 6.17. Collection of delinquent taxes and fees.

The town council, by ordinance, may provide generally for the collection of delinquent taxes, fees, or other revenue due the town under Sections 6.10 through 6.16 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 town permits for failure to pay any town taxes or fees; and providing for the assignment or transfer of tax executions.

SECTION 6.18. General obligation bonds.

The town 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

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state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken.

SECTION 6.19. Revenue bonds.

Revenue bonds may be issued by the town 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 6.20. Short-term loans.

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

SECTION 6.21. Lease-purchase contracts.

The town may enter into multiyear leases, 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 Official Code of Georgia Annotated or other such applicable laws as are or may hereafter be enacted.

SECTION 6.22. Fiscal year.

The town 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 town government.

SECTION 6.23. Preparation of budgets.

The town 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.

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SECTION 6.24. Submission of operating budget to town council.

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On or before a date fixed by the town council but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the town 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 town, the next fiscal year, a general summary of the budget, and such other pertinent comments and information. The operating budget and the capital budget provided for in Section 6.28 of this charter, the budget message, and all supporting documents shall be filed in the office of the town clerk and shall be open to public inspection.

SECITON 6.25. Action by town council on budget.

(a) The town council may amend the operating budget proposed by the mayor except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The town council shall adopt the final operating budget for the ensuing year not later than December 20 of each year. If the town 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 town council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.23 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotment thereof to which it is chargeable.

SECTION 6.26. Tax levies.

The town 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

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forth in the annual operating budget for defraying the expenses of the general government of this town.

SECTION 6.27. Changes in appropriations.

The town 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 6.28. Capital budget.

(a) On or before the date fixed by the town council but no later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the town 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 town council shall have power to accept, with or without amendments, or reject the proposed plan and proposed budget. The town council shall not authorize an expenditure for the construction of any building, structure, work, or improvement unless the appropriations for such project are included in the capital budget except to meet a public emergency as provided in Section 2.24 of this charter. (b) The town council shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than December 20 of each year. No appropriation provided for in a prior capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital budget at any time during the fiscal year accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance or resolution.

SECTION 6.29. Independent audit.

There shall be an annual independent audit of all town accounts, funds, and financial transactions by a certified public accountant selected by the town 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.

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SECTION 6.30. Contracting procedures.

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

SECTION 6.31. Centralized purchasing.

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

SECTION 6.32. Sale and lease of town property.

(a) The town council may sell and convey or lease any real or personal property owned or held by the town for governmental or other purposes as now or hereafter provided by law. (b) The town 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 town has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the town a small parcel of land is cut off or separated by such work from a larger tract or boundary of land owned by the town, the town 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 town has in such property notwithstanding the fact that no public sale after advertisement was or is hereafter made.

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ARTICLE VII GENERAL PROVISIONS
SECTION 7.10. Bonds for officials.

The officers and employees of this town, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the town 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 town not inconsistent with this charter are hereby declared valid and of full effect and force until amended or repealed by the town council.

SECTION 7.12. Existing personnel and officers.

Except as specifically provided otherwise by this charter, all personnel and officers of the town 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 town 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 town agencies, personnel, or officers as may be provided by the town council.

SECTION 7.14. Construction

(a) Section captions in this charter are informative only and are not to be considered a part thereof. (b) The word "shall" is mandatory and the word "may" is permissive.

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

SECTION 7.15. 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 is 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.

ARTICLE VIII MISCELLANEOUS
SECTION 8.10. Real estate requirements.

(a) To require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands, a real estate owner shall be liable for any injury or damage sustained by reason of a defective sidewalk adjoining the owner's lot or land. The town shall not be liable for any such injury or damage if a town officer or employee authorized to do so by the town council at least ten days prior to occurrence of the injury or damage served the owner with personal notice or sent a notice by ordinary mail to the owner of record that the sidewalk should be repaired and placed in a safe condition. Requirements of property owners are not limited to this section but shall apply to all areas the town may deem necessary by ordinance for the safety, well-being, and overall aesthetic effect of the town. (b) No actions shall be maintained against the town for damages unless a written statement by the claimant or the claimant's agent, attorney, or representative setting forth the basis for the claim shall have been filed with the mayor within 60 days after such cause of action shall have occurred, except that when the claimant is an infant or non compos mentis or an injured person who dies within 60 days, the time limit for filing a claim shall be 120 days. No officer or employee of the town shall waive this requirement.

SECTION 8.11. Repealer.

An Act incorporating the Town of Sasser in the County of Terrell approved March 22, 1974 (Ga. L. 1974, p. 2895) is hereby repealed in its entirety and all amendatory acts thereto are likewise repealed in their entirely. All other laws and parts of laws in conflict with this Act are hereby repealed.

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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 2010 session of the General Assembly of Georgia a bill to provide a new charter for the Town of Sasser in Terrell County; to provide for incorporation, boundaries, and powers of the town; to provide for a governing authority of such town 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 or vice mayor and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for a town attorney, a town clerk, and other personnel and matters relating thereto; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof and other matters relative to those judges; to provide for the court s jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; to provide for elections; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for auditing, accounting, budgeting, and appropriations; to provide for town contracts and purchasing; to provide for the conveyance of property and interests therein; to provide for bonds for officials; to provide for prior ordinances and rules, pending matters, and existing personnel; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes.

This 25th day of February, 2010.

Representative Bob Hanner District 148

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Hanner, who on oath deposes and says that he is the Representative from District 148 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Dawson News which is the official organ of Terrell County on February 25, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

GEORGIA LAWS 2010 SESSION
s/ BOB HANNER Bob Hanner Representative, District 148

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Sworn to and subscribed before me, this 8th day of March 2010.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)

Approved June 2, 2010.

__________

TALBOT COUNTY BOARD OF ELECTIONS AND REGISTRATION; COMPOSITION AND MANNER OF APPOINTMENT; POWERS OF BOARD.

No. 579 (House Bill No. 1469).

AN ACT

To amend an Act to create a board of elections and registration for Talbot County and to provide for its powers and duties, approved May 11, 2009 (Ga. L. 2009, p. 4310), so as to change the composition and manner of appointment of the board; to remove the appointment of a registrar by the board; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to create a board of elections and registration for Talbot County and to provide for its powers and duties, approved May 11, 2009 (Ga. L. 2009, p. 4310), is amended by revising Section 3 as follows:
"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.

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(b) The members of the board shall be appointed by the governing authority of Talbot County. One member shall be selected by the governing authority of Talbot 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 Talbot County to the Clerk of the Superior Court of Talbot County. (d) In making the initial appointments to the board, the members shall be appointed by the governing authority of Talbot County not later than January 1, 2010. The governing authority shall designate two of the initial appointees to serve a term beginning on January 1, 2010, and ending on December 31, 2011, 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, 2012, and until their successors are duly appointed and qualified. The other appointees shall serve terms beginning on January 1, 2010, and ending on December 31, 2013, 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, 2014, and until their successors are duly appointed and qualified. Thereafter, all members shall be appointed to serve four-year terms of office. (e) Beginning July 1, 2010, the judge of the probate court of Talbot County shall no longer be a member of the board. Beginning on such date, the fifth member of the board shall be appointed by the governing authority of Talbot County. The initial appointee shall be appointed to serve a term of office beginning on July 1, 2010, and shall serve until December 31, 2013, and until his or her successor is appointed and qualified. Successors shall be appointed in the same manner for a term of office of four years and until a successor is duly appointed and qualified."

SECTION 2. Said Act is further amended by revising Section 4 of the Act as follows:
"SECTION 4. Reserved."

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 2010 session of the General Assembly of Georgia a bill to amend an Act to create a board of elections and registration for Talbot County and to provide for its powers and duties, approved May 11, 2009 (Ga. L. 2009, p. 4310), so as to change the composition and manner of appointment of the

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board; to remove the appointment of a registrar by the board; to provide for related matters; and for other purposes.

This 19th day of March, 2010.

Representative, Debbie Buckner District 130

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Debbie Buckner, who on oath deposes and says that she is the Representative from District 130 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Talbotton New Era which is the official organ of Talbot County on March 12, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

s/ DEBBIE BUCKNER Debbie Buckner Representative, District 130

Sworn to and subscribed before me, this 24th day of March 2010.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)

Approved June 2, 2010.

__________

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SPALDING COUNTY HOMESTEAD EXEMPTION; INCREASE INCOME LEVEL; REFERENDUM.

No. 580 (House Bill No. 1496).

AN ACT

To amend an Act which provides a homestead exemption for each resident of Spalding County who is totally disabled or 62 years of age or older and who has less than $12,500.00 per year of specified income, approved March 26, 1986 (Ga. L. 1986, p. 4514), as amended, particularly by an Act approved April 4, 1991 (Ga. L. 1991, p. 4514), so as to increase the income level to qualify for such exemption; 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 which provides a homestead exemption for each resident of Spalding County who is totally disabled or 62 years of age or older and who has less than $12,500.00 per year of specified income, approved March 26, 1986 (Ga. L. 1986, p. 4514), as amended, particularly by an Act approved April 4, 1991 (Ga. L. 1991, p. 4514), is amended by revising subsection (a) of Section 1 as follows:
"(a) The homestead of each resident of Spalding County who is totally disabled or 62 years of age or older and who received less than $20,000.00 of income during the preceding calendar year shall be entirely exempt from Spalding County taxation."

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 in conjunction with the November, 2010, 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:

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"( ) YES Shall the Act be approved which amends the homestead exemption from Spalding County ad valorem taxes for county purposes for residents of such
( ) NO county who are totally disabled or who are 62 years of age or older to change the income limits from less than $12,500.00 per year of income to less than $20,000.00 per year of income?"
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, 2011. 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 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 2010 session of the General Assembly of Georgia a bill to amend an Act which provides a homestead exemption for each resident of Spalding County who is totally disabled or 62 years of age or older and who has less than $12,500.00 per year of specified income, approved March 26, 1986 (Ga. L. 1986, p. 4514), as amended, particularly by an Act approved April 4, 1991 (Ga. L. 1991, p. 4514), so as to increase the income level to qualify for such exemption; to provide for related matters; to repeal conflicting laws; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, 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 April 9, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
s/ DAVID KNIGHT David Knight Representative, District 126

Sworn to and subscribed before me, this 12th day of April 2010.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)

Approved June 2, 2010.

__________

PUTNAM COUNTY BOARD OF ELECTIONS AND REGISTRATION; COMPOSITION AND APPOINTMENT; QUALIFICATIONS, TERMS, AND REMOVAL FROM OFFICE; OATHS AND PRIVILEGES, MEETINGS AND PROCEDURES; COMPENSATION; DUTIES.

No. 581 (House Bill No. 1142).

AN ACT

To amend an Act approved May 10, 2005 (Ga. L. 2005, p. 4155), creating a board of elections and registration for Putnam County, so as to provide for composition of the board and the selection and appointment of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act approved May 10, 2005 (Ga. L. 2005, p. 4155), creating a board of elections and registration for Putnam County, is amended by revising Sections 3, 4, and 5 as follows:

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"SECTION 3. (a) The board shall be composed of five members who shall be appointed. (b) Two members of the board shall be appointed by the chairperson of the county executive committee of the political party receiving the highest number of votes within the county for its Gubernatorial candidate in the general election immediately preceding the appointment of such member. Two members of the board shall be appointed by the chairperson of the political party receiving the second highest number of votes within the county for its Gubernatorial candidate in the general election immediately preceding the appointment of such member. Each appointment shall have been ratified by a majority of the members of each of such respective executive committees voting at a regularly scheduled meeting of such executive committees or a meeting duly called and held for such purpose. In the event that the chairpersons of said executive committees fail to appoint such members at least 30 days preceding the date on which such members are to take office, such members shall be appointed by the governing authority of Putnam County. In the event that there is no county executive committee of a political party, the appointments on behalf of such political party shall be made by the state executive committee of such party. (c) One member of the board shall be selected by the governing authority of Putnam County. (d) All appointments to the board shall be promptly certified by the appointing authorities to the Clerk of the Superior Court of Putnam County. (e) The initial appointees to the board shall take office on July 1, 2005. The member appointed by the governing authority of Putnam County and one of the two members appointed by each political party shall serve terms beginning on July 1, 2005, and ending on June 30, 2009, and until his or her respective successor is duly appointed and qualified. Successors to each such member shall thereafter be appointed by the appropriate appointing authority to serve a term of office of four years beginning July 1, 2009, and until his or her respective successor is duly appointed and qualified. The other appointee of each political party shall serve a term beginning on July 1, 2005, and ending on June 30, 2007, and until his or her respective successor is duly appointed and qualified. Successors to such members shall thereafter be appointed by the appropriate appointing authority to serve terms of office of four years beginning July 1, 2007, and until their successors are duly appointed and qualified. Thereafter, all members shall be appointed to serve four-year terms of office. The executive committees of the political parties ratifying making the initial appointments under this section shall designate which term each appointee shall serve. (f) The member of the board appointed by the governing authority of Putnam County shall serve as chairperson.

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SECTION 4. The board shall be authorized to appoint a person to serve as the election supervisor of Putnam County. Such position shall be full-time and such person shall be paid a salary to be set by the board and payable from county funds. The election supervisor shall generally direct and control the administration of the affairs of the board pursuant to law and duly adopted resolutions of the board. The election supervisor and all other employees of the board shall be supervised by the board and shall be subject to removal from office by the board, with or without cause.

SECTION 5. Each member of the board shall:
(1) Be eligible to be reappointed; (2) Have the right to resign at any time by giving written notice of such resignation to the Clerk of the superior court; and (3) Be subject to removal from the board at any time, for cause, after notice and hearing, by the chief judge of the Superior Court of Putnam County."

SECTION 2. Said Act is further amended by revising Sections 7, 8, and 9 as follows:

"SECTION 7. In the event of a board vacancy the appropriate appointing authority shall appoint a successor to serve the remainder of the unexpired term as provided for in Section 3 of this Act. If the vacancy is not filled within 60 days after it occurs, the vacancy shall be filled for the remainder of the term by the governing authority of Putnam County. The clerk of the superior court shall be notified of such interim appointments and record and certify such appointments in the same manner as the regular appointment of members.

SECTION 8. (a) The board shall take no official action until all members have been certified to the Clerk of the Superior Court of Putnam County. (b) Before entering upon the board's duties, each member shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest.

SECTION 9. (a) No person who holds elective public office shall be eligible to serve as a member of the board during the term of such elective office, and the position of any member of the board shall be deemed vacant upon such member's qualifying as a candidate for elective public office.

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(b) Members of the board shall be residents of Putnam County and shall have been registered voters in Putnam County for a period of at least one year prior to the date of appointment to the board."

SECTION 3. Said Act is further amended by revising Section 13 as follows:

"SECTION 13. (a) The board shall fix and establish, by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. Board meetings shall be held at a time and place designated by the board in compliance with Georgia law. All meetings of the board shall be advertised and conducted pursuant to Chapter 14 of Title 50 of the O.C.G.A. (b) The board shall maintain a written record of policy decisions amended to include additions or deletions. Such written records shall be made available for the public to review pursuant to Article 4 of Chapter 18 of Title 50 of the O.C.G.A."

SECTION 4. Said Act is further amended by revising Section 15 as follows:

"SECTION 15. Subject to appropriation of funds by the commissioners, the board shall be authorized to expend public funds to provide for such proper and suitable administrative offices and for such clerical assistants and other employees as the board shall deem appropriate. This section shall not be construed so as to require the board to expend any funds simply because it is authorized to do so under this Act."

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 2010 session of the General Assembly of Georgia a bill to amend an Act approved May 10, 2005 (Ga. L. 2005, p. 4155), creating a board of elections and registration for Putnam County, so as to provide for composition of the board and the selection and appointment of members; to provide for the qualifications, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for the board's

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performance of certain functions and duties for certain municipalities; to provide for related matters; to provide effective dates; and for other purposes.

This 4th day of February, 2010.

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 Eatonton Messenger which is the official organ of Putnam County on February 4, 2010, 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 9th day of February 2010.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)

Approved June 2, 2010.

__________

PIERCE COUNTY COUNTY MANAGER; CREATE.

No. 582 (House Bill No. 1494).

AN ACT

To amend an Act incorporating the Board of Commissioners of Pierce County, approved March 24, 1937 (Ga. L. 1937, p. 1397), as amended, particularly by an Act approved April 14, 1997 (Ga. L. 1997, p. 4189), and an Act approved April 19, 2000 (Ga. L. 2000, p. 4210), so as to create the office of county manager; to prescribe powers and duties; to provide that the chairperson of the Pierce County Board of Commissioners shall serve on a

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part-time basis; to provide for a salary; 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 incorporating the Board of Commissioners of Pierce County, approved March 24, 1937 (Ga. L. 1937, p. 1397), as amended, particularly by an Act approved April 14, 1997 (Ga. L. 1997, p. 4189), and an Act approved April 19, 2000 (Ga. L. 2000, p. 4210), is amended by revising Section 7 as follows:

"SECTION 7. The chairperson of the board of commissioners shall serve on a part-time basis and shall receive a salary in the amount of $18,000.00."

SECTION 2. Said Act is further amended by revising Section 13 as follows:

"SECTION 13. (a) Pursuant to Code Section 36-5-22 of the O.C.G.A., there is created the office of county manager for Pierce County. The county manager shall be the chief administrative officer and head of the administrative branch of the county government. The county manager shall be responsible for the efficient administration of all county departments. (b) The county manager shall be appointed by a majority vote of the board of commissioners of Pierce County who shall determine and prescribe his or her compensation and term of office. Said board of commissioners may contract with the county manager on such terms as it may deem reasonable and prudent. No member of the board of commissioners shall be appointed county manager on either a permanent or interim basis during the term of office for which he or she is elected or for a period of one year after terminating his or her office as a commissioner of Pierce County. (c) The county manager shall devote all of his or her 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 the county manager has jurisdiction. The powers and duties of the county manager shall be:
(1) To see that all laws, county codes, and ordinances are enforced; (2) To appoint all department heads with the approval of the board of commissioners; (3) To appoint and remove all subordinate officers and employees in all departments; (4) To exercise control over all departments and divisions created therein or which may hereafter be created by the board of commissioners; (5) To attend all meetings of the board of commissioners with the right to take part in all discussions but having no vote;

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(6) To recommend to the board of commissioners such measures for adoption which he or she may deem necessary and expedient; (7) To prepare and submit to the board of commissioners an annual budget; (8) To keep the board of commissioners fully advised as to the financial condition and needs of the county; (9) To supervise and direct the official conduct of all county officers and employees except as otherwise provided in this Act; (10) To supervise the performance of all contracts made by any person for work done for the county, to make all purchases of materials and supplies for the county, and to see that the same are received as contracted for; and (11) To perform such other duties as may be prescribed in this Act or required of the county manager by ordinance or resolution of the board of commissioners. (d) In the event of a vacancy in the office of county manager, the board of commissioners shall expeditiously proceed with due diligence to appoint an interim county manager. In no such event shall the board of commissioners allow the office of county manager to remain vacant for a period in excess of four weeks from the date said office became vacant. Specifically, the board of commissioners shall, at the least, fill any vacancy in the office of county manager with an interim county manager within four weeks from the date of vacancy. Furthermore, the board of commissioners shall advertise for the permanent position of county manager at the first opportunity upon vacancy of the office of county manager."

SECTION 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 2010 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Pierce County, approved March 25, 1937 (Ga. L. 1937, p. 1397), as amended; and for other purposes.
This 24th day of March, 2010
MARK WILLIAMS Representative, 178th District

GEORGIA LAWS 2010 SESSION GEORGIA, FULTON COUNTY

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Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mark Williams, who on oath deposes and says that he is the Representative from District 178 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Blackshear Times which is the official organ of Pierce County on March 31, 2010, 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 1st day of April 2010.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)

Approved June 2, 2010.

__________

LEE COUNTY MAGISTRATE COURT; LAW LIBRARY FEE.

No. 583 (House Bill No. 1463).

AN ACT

To amend An Act entitled "An Act to authorize the Magistrate Court of Lee County to charge a law library fee," approved April 2, 1998 (Ga. L. 1998, p. 4135), so as to increase the amount of such fee; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act entitled "An Act to authorize the Magistrate Court of Lee County to charge a law library fee," approved April 2, 1998 (Ga. L. 1998, p. 4135), is amended by revising Section 1 to read as follows:

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"SECTION 1. (a) The Magistrate Court of Lee County shall be authorized to charge a sum not to exceed $5.00, in addition to all other legal costs, in each action or case, either civil or criminal, including, without limiting the generality of the foregoing, all hearings on applications for and the issuance of arrest and search warrants, issuance of warrants, and related proceedings as provided in Article 4 of Chapter 6 of Title 17 of the O.C.G.A., relating to bonds for good behavior and bonds to keep the peace; the holding of courts of inquiry; trials of charges of violations of county ordinances and penal ordinances of state authorities; trials of civil claims, including garnishment and attachment; the issuance of summonses, trials of issues, and issuance of writs and judgments in dispossessory proceedings and distress warrant proceedings as provided in Articles 3 and 4 of Chapter 7 of Title 44 of the O.C.G.A.; punishment of contempt; all other proceedings of a civil or criminal nature; and for such other matters as are committed to their jurisdiction by other general law. (b) The funds collected by the Magistrate Court of Lee County pursuant to subsection (a) of this section shall be paid into the general county treasury of Lee County and shall be used for the lawful purposes of maintaining the Lee County Law Library, including the purchase of books, reports, texts, periodicals, supplies, desks, and equipment for the maintenance, upkeep, and operation of the Law Library, including the services of a librarian. Such funds shall not be comingled with the funds held by the trustees of the Lee County Law Library Fund. Such funds shall be used in conjunction with the funds expended by the board of trustees of the Lee County Law Library Fund based upon consultation between the Lee County Board of Commissioners and the trustees of the Lee County Law Library Fund. In the event that the board of commissioners determines in its sole discretion that it has excess funds on hand from such collections, then such excess funds may be used by the board of commissioners for the purchase of fixtures or furnishings for the courthouse."

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 2010 session of the General Assembly of Georgia a bill to amend an Act entitled An Act to Authorize the Magistrate Court of Lee County to Charge a Law Library Fee approved April 2, 1998 (Georgia Laws 1998, p. 4135); and for other purposes.
This, the 12th day of March, 2010.

GEORGIA LAWS 2010 SESSION
Representative Bob Hanner District 148

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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 Lee County Ledger which is the official organ of Lee County on March 17, 2010, 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 24th day of March 2010.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)

Approved June 2, 2010.

__________

TOWN OF CADWELL NEW CHARTER.

No. 584 (House Bill No. 1169).

AN ACT

To provide a new charter for the Town of Cadwell; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such town 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

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provide for boards, commissions, and authorities; to provide for a town attorney, a town clerk, a town treasurer, 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 repeal a specific Act; to repeal conflicting laws; and for other purposes.

ARTICLE I INCORPORATION AND POWERS
Section 1.10. Incorporation.

The Town of Cadwell in Laurens County is reincorporated by the enactment of this charter and is constituted and declared a body politic and corporate under the name of the "Town of Cadwell." References in this charter to "the town" or "this town" refer to the Town of Cadwell. The town shall have perpetual existence.

Section 1.11. Corporate boundaries.

(a) The boundaries of this town shall be those existing on the effective date of the adoption of this Charter with such alterations as may be made from time to time in the manner provided by general law. The boundaries of this town at all times shall be shown on a map to be retained permanently in the office of the town clerk and to be designated, "Official Map of the Corporate Limits of the Town of Cadwell, 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 mayor and council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the earlier map or maps which it is designated to replace.

Section 1.12. Municipal powers.

(a) This town shall have all powers possible for a town 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 chapter. This town shall have all the powers of self-government not otherwise prohibited by this charter or by general law.

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(b) The powers of this town shall be construed liberally in favor of the town. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this town. 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 town; (2) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this paragraph; (3) Appropriations and expenditures. To make appropriations for the support of the government of the town; 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 town; (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; 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 town taxes or fees; (6) Condemnation. 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, 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 town 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 town. (9) Fire regulations. To fix and establish fire limits and from time to time extend, enlarge, or restrict the same; to prescribe fire safety regulations, not inconsistent with general law relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the town from all individuals, firms, and corporations residing in or doing business within the town and benefitting from such services; to enforce the

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payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (11) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the town 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 the powers and duties of the town and the general welfare of its citizens on such terms and conditions as the donor or grantor may impose; (13) Health and sanitation. To prescribe standards of health and sanitation within the town and to provide for the enforcement of such standards; (14) Jail sentences. To provide that persons given jail sentences in the town's court may work out such sentences in any public works or on the streets, roads, drains, and squares in the town; 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; (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 town; (16) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the town 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 town 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, 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 town; (19) Municipal property protection. To provide for the preservation and protection of property and equipment of the town and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers, and drains, sewage disposal, gas works, electric plants, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties therefor; to provide for the withdrawal of service for refusal or failure to pay the same; to authorize the extension of water, sewerage, and electrical distribution systems, and all necessary appurtenances by which said utilities are distributed, inside and outside the corporate limits of the town; and to provide utility services to persons, firms, and corporations inside and outside the corporate limits of the town as provided by ordinance;

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(21) Nuisances. To define a nuisance and provide for its abatement whether on public or private property; (22) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (23) Planning and zoning. To provide comprehensive town planning for development by zoning and to provide subdivision regulation and the like as the town council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community; (24) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a fire-fighting agency; (25) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (26) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks, 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 town; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (27) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (28) Public transportation. To organize and operate or contract for such public transportation systems as are deemed beneficial; (29) Public utilities and services. To grant franchises or make contracts for public utilities and public services and to prescribe the rates, fares, regulations, and the standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the 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, inside or abutting the corporate limits of the town and to prescribe penalties and punishment for violation of such ordinances; (31) Retirement. To provide and maintain a retirement plan for officers and employees of the town; (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 town; to negotiate and execute leases over, through, under, or across any town property or the right of way of any street, road, alley,

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and walkway or portion thereof within the corporate limits of the town for bridges, passageways, or any other purpose or use between buildings on opposite sides of the street and for other bridges, overpasses, and underpasses for private use at such location and to charge rental therefor in such manner as may be provided by ordinance; to authorize and control the construction of bridges, overpasses, and underpasses within the corporate limits of the town; to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities and for private use; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (33) Sewer 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 systems; 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; (34) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials; (35) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxing or otherwise; and to license, tax, regulate, or prohibit professional fortune telling, palmistry, adult bookstores, and massage parlors; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs of any public improvement; (37) Ad valorem taxes. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (38) Other taxes. 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 town; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (40) Urban redevelopment. To organize and operate an urban redevelopment program; and (41) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace,

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security, good order, comfort, convenience, or general welfare of the town and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated in this charter; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.

Section 1.13. Exercise of powers.

All powers, functions, rights, privileges, and immunities of the town, 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, ELECTIONS, AND REMOVAL
Section 2.10. Town council creation; composition, number; election.

(a) The legislative authority of the government of this town, except as otherwise specifically provided in this charter, shall be vested in a town council to be composed of a mayor and five council-members. (b) The mayor and council-members 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 he or she is at least 21 years of age and has been a resident of this town for six months immediately preceding the election of mayor or council-members; each such person shall continue to reside within the town during said period of service and shall be registered and qualified to vote in municipal elections of this town. No person shall be listed as a candidate on the ballot for election for either mayor or council-member unless such person shall file a written notice with the clerk of said town that he or she desires his or her name to be placed on said ballot as a candidate either for mayor our council-member. No person shall be eligible for the office of mayor or council-member unless such person shall file above said notice within the time provided for in Chapter 3 of Title 21 of the O.C.G.A., the "Georgia Municipal Election Code."

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Section 2.11. Elections.

(a) At any election, all persons who are qualified under the Constitution and laws of Georgia to vote for members of the General Assembly of Georgia and who are bona fide residents of said town shall be eligible to qualify as voters in the election. (b) All primaries and elections shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the "Georgia Municipal Election Code." Except as otherwise provided by this charter, the town council shall by ordinance prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the "Georgia Municipal Election Code." (c) The mayor and council-members who are in office on the effective date of this Charter shall continue to serve until the expiration of the term of office to which they were elected and until their successors are elected and qualified. (d) For the purpose of electing members of the council, the Town of Cadwell shall consist of one election district with five at-large posts. (e) On the first Tuesday in November in 2009, and on that day biennially thereafter, there shall be elected three council-members. Then on the first Tuesday in November in 2011, and on that day biannually thereafter, there shall be elected a mayor and two council-members. It is the purpose of this section to provide a rotation system for the office of mayor and council-members. The terms of the offices shall begin at the time of taking the oath of office as provided in Section 3.11 of this charter.

Section 2.12. Vacancies in office.

(a)(1) The office or mayor or council-member shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. (2) Upon the suspension from office of mayor or council-member in any manner authorized by the general laws of the State of Georgia, the town council or those remaining shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and shall be filled as provided in subsection (b) of this section. (b) In the event that the office of mayor or council-member shall become vacant, the town 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 town council or those members remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the "Georgia Municipal Election Code," as now or hereafter amended.

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Section 2.13. Nonpartisan elections.

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

Section 2.14. Election by majority.

The candidate receiving a majority of the votes cast for any town office shall be elected.

Section 2.15. Compensation and expenses.

The mayor and council-members shall receive compensation and expenses for their services as provided by ordinance and in accordance with Chapter 35 of Title 36 of the O.C.G.A.

Section 2.16. Prohibitions.

(a) No elected official, appointed officer, or employee of the town or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his or her official duties or which would tend to impair the independence of his or her judgment or action in the performance of his or her official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his or her official duties or would tend to impair the independence of his or her judgment or action in the performance of his or her official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which he or she is engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or herself or others; (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;

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(5) Represent other private interests in any action or proceeding against this town or proceeding against this town or any portion of its government; or (6) Vote to otherwise participate in the negotiation or in the making of any contract with any business or entity in which he or she has a financial interest. (b) Any elected official, appointed officer, or employee who has any private financial interest, direct or indirectly, in any contract or matter pending before or within any department of the town shall disclose such private interest to the town council. The mayor or any council-member who has a private interest in any matter pending before the town council shall disclose such private interest and such disclosure shall be entered on the records of the town 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 town 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 town 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 town council. (e) Except as authorized by law, no member of the council shall hold any other elective town office or other town employment during the term for which he or she was elected. The provisions of this subsection shall not apply to any person holding employment on or before the effective date of this Act.

Section 2.17. Removal of officers.

(a) The mayor, a council-member, or other appointed officers provided for in this charter shall be removed from office or for any one more of the following causes:
(1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a crime involving moral turpitude; (3) Failure at any time to possess any qualifications of office as provided by this charter or by law; (4) Knowingly violating Section 2.16 or any other express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; or (6) Failure for any other cause to perform the duties of office as required by this charter or by state law. (b) Removal of any officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods:

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(1) By a majority vote of the mayor and council-members after an investigative hearing. In the event an elected officer is sought to be removed by the action of the town council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as provided in this section shall have the right of appeal from the decision of the town council to the Superior Court of Laurens 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 Laurens County following a hearing on a complaint seeking such removal brought by any resident of the Town of Cadwell.

ARTICLE III ORGANIZATION OF GOVERNMENT GENERAL
AUTHORITY, AND ORDINANCES Section 3.10.
General power and authority.

Except as otherwise provided by this charter, the town council shall be vested with all the powers of the government of this town as provided by Article I of this charter.

Section 3.11. Organization.

(a) The town 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 town clerk and the oath of the office shall be administered to the newly elected members as follows:
"I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (council-member) of this town and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and the United States of America." (b) By a majority vote, the town council shall elect a council-member to serve as mayor pro tempore. The mayor pro tempore shall preside at all meetings of the council and shall assume the duties and powers of the mayor during any disability or absence of the mayor. Any such disability or absence shall be declared by a majority vote of the town council. The town council shall by majority vote elect a presiding officer from its number for any period in which mayor pro tempore is disabled, absent, or acting as mayor. Such absence or disability shall be declared by majority vote of the town council.

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Section 3.12. Inquiries and investigations.

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

Section 3.13. Meetings.

(a) The town council shall hold regular meetings at such times and places as prescribed by ordinance. (b) Special meetings of the town council may be held on the call of the mayor or three members of the town council. Notice of such special meeting shall be served on all other members personally, or by telephone personally, at least 24 hours in advance of the meeting. Such notice to 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 or 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. (c) All meetings of the town council shall be public to the extent required by law and notice to the public of special meetings shall be given as required by law.

Section 3.14. Procedures.

(a) The town 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 chairmen and officers of the town council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time.

Section 3.15. Voting.

(a) Except as otherwise provided in subsection (b) of this section, the mayor and three council-members shall constitute a quorum and shall be authorized to transact the business

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of the town council. Voting on the adoption of ordinances shall be by the voice vote and the vote shall be recorded in the journal, but any member of the town 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 council-members 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 town council. A vote of a majority of the remaining council-members shall be required for the adoption of any ordinance, resolution, or motion.

Section 3.16. Ordinances.

(a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "The Council of the Town of Cadwell 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 town council. Ordinances shall be considered and adopted or rejected by the town council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided for in Section 3.18. 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 town council may designate.

Section 3.17. Effect of ordinances.

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

Section 3.18. Emergencies.

To meet a public emergency affecting life, health, property, or public peace, the town council may convene on call of the mayor or two council-members 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

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plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least three council-members 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 is was adopted, but this shall not prevent re-enactment of the ordinance in the manner specified in this section if the emergency continues to exist. An emergency ordinance shall also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.

Section 3.19. Codes.

(a) The town council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of subsection (b) of Section 3.16 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 3.20 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for distribution or for purchase at a reasonable price.

Section 3.20. Codification of ordinances.

(a) The clerk shall authenticate by his signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the council. (b) The town shall provide for the preparation of a general codification of all the ordinances of the town having the force and effect of law. The general codification shall be adopted by the town council by ordinance and shall be published promptly together with all amendments thereto and shall contain such codes of technical regulations and other rules and regulations as the town council may specify. This compilation shall be known and cited officially as "The Code of the Town of Cadwell, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the town and shall be made available for purchase by the public at a reasonable price as fixed by the town council. (c) The town 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

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town council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code then in effect and shall be suitable in form for incorporation within the code. The town council shall make such further arrangements as deemed desirable with reproduction and distribution of any changes in or additions to codes of technical regulations and other rules and regulations included in the code.

Section 3.21. Chief executive officer; delegation of powers.

The mayor shall be the chief executive of this town. The mayor shall possess all of the executive and administrative powers granted to the town under the Constitution and laws of the State of Georgia, and all the executive and administrative powers contained in this charter, except as otherwise specifically provided in this Act. The mayor shall have the authority to delegate any one or more executive or administrative powers to a person or persons employed by the town and qualified in management and administration.

Section 3.22. Powers and duties of mayor.

As the chief executive of this town, the mayor shall: (1) See that all laws and ordinances of the town are faithfully executed; (2) Appoint and remove, for cause, with confirmation of appointment or removal by the council, all officers, department heads, and employees of the town except as otherwise provided in this charter; (3) Exercise supervision over all executive and administrative work of the town and provide for the coordination of administrative activities; (4) Prepare and submit to the council a recommended annual operating budget and recommended capital budget; (5) Submit to the council at least once a year a statement covering the financial conditions of the town and from time to time such other information as the town council may request; (6) Preside over all meetings of the town council; (7) Call special meetings of the town council as provided for in Section 3.13; (8) Participate in the discussion of all matters brought before the town council and vote on such matters only in the case of a tie vote, except that the mayor may vote in all elections for officers who are elected by the town council and impeachment or removal proceedings whether there is a tie or not; (9) Recommend to the town council such measures relative to the affairs of the town, improvement of the government, and promotion of the welfare of its inhabitants as he or she may deem expedient; (10) Approve or disapprove ordinances as provided in Section 3.23;

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(11) Require any department or agency of the town to submit written reports whenever he or she deems it expedient; (12) Sign as a matter of course all written contracts, ordinances, and other instruments executed by the town which by law are required to be in writing, except deeds made for property sold under execution at public sale which shall be signed by the chief of police of the town; and (13) Perform such other duties as may be required by general state law, this charter, or ordinance.

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

(a) Every ordinance adopted by the town council shall be presented by the town clerk to the mayor within three days after its adoption. (b) The mayor shall within three days of receipt of an ordinance return it to the town 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 town clerk; if the ordinance is neither approved or disapproved, it shall become law on the tenth day after its adoption; if the ordinance is disapproved, the mayor shall submit to the town council through the town clerk a written statement of the reasons for the veto. The town 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 town clerk to the town council at its next meeting and should the town council then or at its next general meeting adopt the ordinance by an affirmative vote of the entire council, it shall become law. (d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the town council over the mayor's veto as provided in this section. The reduced part or parts shall be presented to the town council as though disapproved and shall not become law unless overridden by the council as provided in subsection (c) of this section.

ARTICLE IV ADMINISTRATIVE AFFAIRS
Section 4.10. Department heads.

(a) Except as otherwise provided in this charter, the town 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 town as necessary for the proper administration of the affairs and government of this town.

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(b) Except as otherwise provided by this charter or by law, the directors of departments and other officers of the town shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor, be responsible for the administration and direction of the affairs and operations of 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 town 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 town council; provided, however, that in the event the mayor determines that the director presents an imminent danger to other town personnel or the general public, the mayor may suspend such director immediately, with or without compensation at the discretion of the mayor, pending an investigation. The director involved may appeal to the town council which, after a hearing, may override the mayor's action by a vote of three council-members.

Section. 4.11. Boards.

(a) The town council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the town 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 town shall be appointed by the town 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 town 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, not member of any board, commission, or authority shall hold any elective office in the town. (e) Any vacancy on a board, commission, or authority of the town shall be filled for the unexpired term in the manner prescribed for the original appointment, except as otherwise provided by this charter by law. (f) No member of a board, commission or authority shall assume office until he or she has executed and filed with the clerk of the town an oath obligating himself or herself to perform

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faithfully and impartially 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 majority vote of the mayor and council-members. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the town shall elect one of its members as chairman and one member as vice-chairman, and may elect as its secretary one of its members or may appoint as secretary an employee of the town. Each board, commission, or authority of the town government may establish such bylaws, rules, and regulations, not inconsistent, with this charter, an ordinance of the town, 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 town.

Section 4.12. Town attorney.

The town council shall appoint a town attorney who shall be a member of the State Bar of Georgia and shall have actively practiced law for at least one year. The town attorney shall serve at the pleasure of the town council. The town attorney shall be responsible for representing and defending the town in all litigation in which the town is a party, may be the prosecuting officer in the municipal court, shall attend the meetings of the council as directed, shall advise the town council, mayor, and other officers and employees of the town concerning legal aspects of the town's affairs, and shall perform such other duties as may be required of him or her by virtue of his or her position as town attorney. The town council shall provide for the compensation of the town attorney.

Section 4.13. Town clerk.

The town council shall appoint a town clerk who shall not be a council-member. The town clerk shall be custodian of the official town seal, maintain town council records required by this charter, and perform such other duties as may be required by the town council. The town council shall provide for the compensation of the town clerk.

Section 4.14. Treasurer.

The town council shall appoint a town treasurer to collect all taxes, licenses, fees, and other moneys belonging to the town subject to the provisions of this charter and the ordinances of the town and to enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes to the town. The town treasurer shall also be

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responsible for the general duties of a treasurer and fiscal officer. The town council shall provide for compensation of the town treasurer.

Section 4.15. Consolidation of offices of town clerk and treasurer.

The town council shall have the power to combine the office of town clerk and town treasurer or may, in its discretion, elect one person to fill both offices.

Section 4.16. Rules and regulations.

The town 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 a position classification and pay plan, methods of promotion and applications of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) Such dismissal hearings as due process may require; and (5) Such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs.

Section 4.17. Current town officials.

All appointed officers, directors, and other officials currently in office on the effective date of the adoption of this charter shall continue to serve for the remainder of their terms and until their successors are appointed and qualified.

ARTICLE V JUDICIAL BRANCH
Section 5.10. Municipal court.

There shall be a court to be known as the Municipal Court of the Town of Cadwell.

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Section 5.11. Judges.

(a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. 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 town council. (c) Compensation of the judge or judges shall be fixed by ordinance. (d) Judges may be removed for cause by a majority vote of the mayor and council-members. (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 town council journal required in Section 3.14 of this charter.

Section 5.12. Convening of court.

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

Section 5.13. Powers.

(a) The municipal court shall try and punish violations of this charter, all town 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 such greater fines, imprisonment, or alternative sentencing as now or hereafter provided by general law. (d) The municipal court shall have the authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement for the actual cost of meals, transportation, and care taking of prisoners bound over to superior courts for violation 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 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

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by the judge presiding at such time and an execution shall be issued thereon by serving the defendant and his or her sureties with a rule nisi at least two days before a hearing on the rule nisi. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that state law has been violated. (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 town, 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 town. (j) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this town granted by law to municipal courts and particularly by such laws to authorize the abatement of nuisances and prosecution of traffic violations.

Section 5.14. Certiorari.

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

Section 5.15. Rules.

With the approval of the town 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 town 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 town 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.

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ARTICLE VI FINANCE
Section 6.10. Property tax.

The town council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the town 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 town 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 town council in its discretion.

Section 6.11. Millage.

The town council by ordinance shall establish a millage rate for the town property tax, a due date, and the time period within which these taxes must be paid. The town 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 town council by ordinance shall have the power to levy such occupation or business taxes as are allowed by law. Such taxes may be levied on both individuals and corporations who transact business in this town or who practice or offer to practice any profession or calling within the town to the extent such persons have a constitutionally sufficient nexus to this town to be taxed. The town council may classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter.

Section 6.13. Licenses.

The town council by ordinance shall have the power to require any individual or corporation who transacts business in this town or who practices or offers to practice any profession or calling within the town to obtain a license or permit for such activity from the town 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 town regulations. Such fees may reflect the total cost to the town of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter. The town council by ordinance may establish reasonable

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requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate.

Section 6.14. Franchises.

The town council shall have the power to grant franchises for the use of this town's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, cable television companies, gas companies, transportation companies, and other similar organizations. The town 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 of excess of 35 years and no franchise shall be granted unless the town receives just and adequate compensation therefor. The town council shall provide for the registration of all franchises with the town clerk in a registration book kept by the town clerk. The town council may provide by ordinance for the registration within a reasonable time of all franchises previously granted.

Section 6.15. Sewer fees.

The town 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 town for the total cost to the town 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 town 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 town 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 town to govern its local affairs.

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Section 6.18. Collection of delinquent taxes.

The town council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the town under Section 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 town licenses for failure to pay any town taxes or fees, and providing for the assignment or transfer to tax executions.

Section 6.19. Borrowing.

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

Section 6.21. Loans.

The town 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 town 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 town government.

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Section 6.23. Budget ordinance.

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The town 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. Operating budget.

On or before a date fixed by the town council but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the town 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 town, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as he or she may deem pertinent. The operating budget, the capital improvements budget, the budget message, and all supporting documents shall be filed in the office of the town clerk and shall be open to public inspection.

Section 6.25. Adoption.

(a) The town council may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The town council shall adopt the final operating budget for the ensuing fiscal year not later than September 30 of each year. If the town 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 town 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 appropriation 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

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

Section 6.26. Levy of taxes.

Following adoption of the operating budget, the town 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 expense of the general government of this town.

Section 6.27. Changes in budget.

The town council by majority vote may make changes in the appropriations contained in the current operating budget at any regular meeting or special or emergency meeting called for such purposes.

Section 6.28. Capital improvements.

(a) On or before the date fixed by the town council, but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the town 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 town council shall have the power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The town council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 3.17 of this charter. (b) The town council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than September 30 of each year. No appropriations provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriations were made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by his or her recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by majority vote of the town council.

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Section 6.29. Audits.

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There shall be an annual independent audit of all town accounts, funds, and financial transactions by a certified public accountant selected by the town 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.

Section 6.30. Procurement and property management.

No contract with the town except contracts with the state Department of Transportation or road improvement contracts shall be binding on the town unless:
(1) It is in writing; (2) It is drawn or submitted and reviewed by the town attorney and, as a matter of course, is signed by him or her to indicate such drafting or review; and (3) It is made or authorized by the town council and such approval is entered in the town council journal of proceedings pursuant to Section 3.14 of this charter.

Section 6.31. Purchasing.

The town council shall be ordinance prescribe procedures for a system of centralized purchasing for the town.

Section 6.32. Sale of property.

(a) The town council may sell and convey any real or personal property owned or held by the town for governmental or other purposes as now or hereafter provided by law. (b) The town 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 town has no readily ascertainable monetary value. (c) 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 town council may authorize the mayor to execute and deliver in the name of the town a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place when such exchange is deemed to be in

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the best interest of the town. 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.

ARTICLE VII GENERAL PROVISIONS
Section 7.10. Bonds for officials.

The officers and employees of this town, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the town 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 town not inconsistent with this charter are declared valid and of full effect and force until amended or repealed by the town council.

Section 7.12. 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 town agencies, personnel, or offices as may be provided by the town council.

Section 7.13. Definitions and construction.

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

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Section 7.14. Specific repealer.

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An Act incorporating the Town of Cadwell and granting a charter to said town, approved August 19, 1912, as amended, particularly by an Act approved August 12, 1914 (Ga. L. 1914, p. 499), is repealed in its entirety.

Section 7.15. 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 2010 session of the General Assembly of Georgia a bill to provide a new charter for the Town of Cadwell; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such town and the powers, duties, authority, election, terms, method of filing 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 a town attorney, a town clerk, a town treasurer, 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 repeal a specific Act; to repeal conflicting laws; and for other purposes.
This 19th day of January, 2010
Representative DuBose Porter District 143

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, DuBose Porter, who on oath deposes and says that he is the Representative from District 143 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Courier Herald which is the official organ of Laurens County on January 23, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

s/ DUBOSE PORTER DuBose Porter Representative, District 143

Sworn to and subscribed before me, this 9th day of February 2010.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)

Approved June 2, 2010.

__________

TOWN OF GRAY POWERS OF MAYOR.

No. 585 (House Bill No. 1472).

AN ACT

To amend an Act to create a charter for the Town of Gray in the County of Jones and the State of Georgia, approved August 22, 1911 (Ga. L. 1911, p. 1267), as amended, so as to provide for the powers of the mayor; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to create a charter for the Town of Gray in the County of Jones and the State of Georgia, approved August 22, 1911 (Ga. L. 1911, p. 1267), as amended, is amended by revising Section 13 as follows:

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"SECTION 13. The mayor shall:
(1) Be the chief executive officer of the city; (2) See that the laws and ordinances, rules, and orders of the mayor and council are executed; (3) Be the head of the city for the service of process; 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 are required by law to be in writing."

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 2010 session of the Georgia General Assembly of Georgia a bill to amend an act to create a charter for the Town of Gray in the County of Jones and the State of Georgia, approved August 22, 1911 (Ga. L. 1911, p. 1267), as amended; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jim Cole, who on oath deposes and says that he is the Representative from District 125 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Jones County News which is the official organ of Jones County on March 18, 2010, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JIM COLE Jim Cole Representative, District 125
Sworn to and subscribed before me, this 25th day of March 2010.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia

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My Commission Expires Aug. 25, 2011 (SEAL)

Approved June 2, 2010.

__________

GRIFFIN JUDICIAL CIRCUIT JUDGES; COMPENSATION.

No. 586 (Senate Bill No. 542).

AN ACT

To amend an Act creating the Griffin Judicial Circuit, approved August 17, 1923 (Ga. L. 1923, p. 68), as amended, particularly by an Act approved March 22, 1990 (Ga. L. 1990, p. 4459), and an Act approved April 14, 1997 (Ga. L. 1997, p. 4066), so as to not decrease the county supplements for the superior court judges of that circuit; to provide for definitions; 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 Griffin Judicial Circuit, approved August 17, 1923 (Ga. L. 1923, p. 68), as amended, particularly by an Act approved March 22, 1990 (Ga. L. 1990, p. 4459), and an Act approved April 14, 1997 (Ga. L. 1997, p. 4066), is amended by revising subsections (a) and (b) of Section 6A as follows:
"(a) As used in this section, the term: (1) 'Judge' means a superior court judge. (2) 'Senior judge' means a judge that becomes a senior judge pursuant to O.C.G.A. Code Section 15-1-9.2. (b)(1) The governing authorities of the counties composing the Griffin Judicial Circuit are authorized to provide from county funds supplements to the compensation of each judge of the circuit. The supplements in effect immediately prior to July 1, 2010, shall remain in effect until changed by the governing authorities of the counties comprising the circuit. The governing authorities of the counties comprising the circuit may on and after July 1, 2010, from time to time fix and determine the amounts of such supplements by concurrent resolutions of the governing authorities fixing and determining the same amounts in each such concurrent resolution. However, such concurrent resolutions shall not decrease such supplements below the amounts in effect in the prior year, and no incumbent judge's supplement shall be decreased during the incumbent's term of office.

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(2) A senior judge shall be paid a supplement of not less than two-thirds of the amount of the supplement received by such judge at the time of his or her resignation as a superior court judge. Such supplement shall be paid to the senior judge in monthly installments as provided in subsection (c) of this section."

SECTION 2. This Act shall become effective on July 1, 2010, or upon its approval by the Governor or upon its becoming law without such approval, whichever date is later.

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

"Notice is hereby given that there will be introduced at the regular 2010 session of the General Assembly of Georgia a bill to amend an Act creating the Griffin Judicial Circuit, approved August 17, 1923 (Ga. L. 1923 p.68), as amended particularly by an Act approved March 22, 1990 (Ga. L. 1990, p. 4459), and an Act approved April 14, 1997 (Ga. L. 1997, p. 4066), so as to not decrease the county supplements for the superior court judges of that circuit; to provide an effective date to repeal conflicting laws; and for other purposes. This 26th day of March 2010. Senator Ronnie Chance. District-16."
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ronnie Chance, who on oath deposes and says that he is the Senator from District 16 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Thomaston Times which is the official organ of Upson County on March 26, 2010, and that the notice requirements of Code Section 28-1-14 have been met.
s/ RONNIE CHANCE Ronnie Chance Senator, District 16
Sworn to and subscribed before me, this 30th day of March 2010.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia

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My Commission Expires Aug. 25, 2011 (SEAL)

Notice is given that there will be introduced at the regular 2010 session of the General Assembly of Georgia a bill to amend an Act creating the Griffin Judicial Circuit, approved August 17, 1923 (Ga. L. 1923, p. 68), as amended, particularly by an Act approved March 22, 1990 (Ga. L. 1990, p. 4459), and an Act approved April 14, 1997 (Ga. L. 1997, p. 4066), so as to not decrease the county supplements for the superior court judges of that circuit; to provide an effective date; to repeal conflicting laws; and for other purposes. This 24th day of March 2010. Senator Ronnie Chance. District 16.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ronnie Chance, who on oath deposes and says that he is the Senator from District 16 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Pike County Journal and Reporter which is the official organ of Pike County on March 23, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

s/ RONNIE CHANCE Ronnie Chance Senator, District 16

Sworn to and subscribed before me, this 30th day of March 2010.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)

NOTICE

Notice is hereby given that there will be introduced at the regular 2010 session of the General Assembly of Georgia a bill to amend an Act creating the Griffin Judicial Circuit, approved August 17, 1923 (Ga. L. 1923, p. 68), as amended, particularly by an Act approved March 22, 1990 (Ga. L. 1990, p. 4459), and an Act approved April 14, 1997 (Ga. L. 1997, p. 4066), so as to not decrease the county supplements for the superior court judges of that

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circuit; to provide an effective date; to repeal conflicting laws; and for other purposes. This 23rd day of March 2010. Senator Ronnie Chance. District 16.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ronnie Chance, who on oath deposes and says that he is the Senator from District 16 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 23, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

s/ RONNIE CHANCE Ronnie Chance Senator, District 16

Sworn to and subscribed before me, this 30th day of March 2010.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)

"Notice is hereby given that there will be introduced at the regular 2010 session of the general Assembly of Georgia a bill to amend an Act creating the Griffin Judicial Circuit, approved August 17, 1923 (Ga. L. 1923, p. 68), as amended, particularly by an Act approved March 22, 1990 (Ga. L. 1990, p. 4459), and an Act approved April 14, 1997 (Ga. L. 1997, p. 4066), so as to not decrease the county supplements for the superior court judges of that circuit; to provide an effective date; to repeal conflicting laws; and for other purposes. This 26th day of March 2010. Senator Ronnie Chance. District 16."

March 26, 2010.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ronnie Chance, who on oath deposes and says that he is the Senator from District 16 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

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

County on March 25, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

s/ RONNIE CHANCE Ronnie Chance Senator, District 16

Sworn to and subscribed before me, this 30th day of March 2010.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)

Approved June 2, 2010.

__________

CITY OF MOUNTAIN CITY CORPORATE LIMITS.

No. 587 (Senate Bill No. 551).

AN ACT

To amend an Act incorporating Mountain City in Rabun County, approved August 22, 1907 (Ga. L. 1907, p. 827), as amended, particularly by an Act approved March 23, 1977 (Ga. L. 1977, p. 3751), so as to annex certain territory to the city and change the corporate limits of the city; to provide for submission for preclearance under the federal Voting Rights Act of 1965; to provide for other related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act incorporating Mountain City in Rabun County, approved August 22, 1907 (Ga. L. 1907, p. 827), as amended, particularly by an Act approved March 23, 1977 (Ga. L. 1977, p. 3751), is amended by adding a new Section 1A as follows:
"SECTION 1A. In addition to all other territory included within the corporate limits of Mountain City, such corporate limits shall on and after the effective date of this section include all of the right

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of way of Georgia Highway 441 for a distance of one mile north from the corporate limits as they existed on January 1, 2010."

SECTION 2. The governing authority of Mountain 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 90 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is hereby given that there will be introduced at the regular 2010 Session of the General Assembly of the State of Georgia a bill regarding the corporate limits of the City of Mountain City to amend an act providing a charter for the City of Mountain City approved August 22, 1907 (Ga. L. 1907, p. 827) as amended (Ga. L. 1929, p. 1232 and Ga. L. 1977, p. 3751) to extend and change the boundaries of the City of Mountain City, Georgia, by annexation of a certain public road and right of way; to repeal conflicting provisions; and for other purposes. This 15th day of February, 2010. Mayor and Council, City of Mountain City, By: Grace Watts, Mayor.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jim Butterworth, who on oath deposes and says that he is the Senator from District 50 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Clayton Tribune which is the official organ of Rabun County on February 25, 2010, and that the notice requirements of Code Section 28-1-14 have been met.
/s/ JIM BUTTERWORTH Jim Butterworth Senator, District 50

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Sworn to and subscribed before me, this 12th day of April 2010.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)

Approved June 2, 2010.

__________

CITY OF MOUNTAIN CITY CITY COUNCIL; TERMS; ELECTIONS.

No. 588 (Senate Bill No. 550).

AN ACT

To amend an Act incorporating Mountain City in Rabun County, approved August 22, 1907 (Ga. L. 1907, p. 827), as amended, particularly by an Act approved March 23, 1977 (Ga. L. 1977, p. 3751), so as to change the terms of future members of the city council and provide for future election dates; to provide for submission for preclearance under the federal Voting Rights Act of 1965; to provide for other related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act incorporating Mountain City in Rabun County, approved August 22, 1907 (Ga. L. 1907, p. 827), as amended, particularly by an Act approved March 23, 1977 (Ga. L. 1977, p. 3751), is amended by striking Section 2A which formerly read as follows:
"SECTION 2A. At the election to be held on the fourth Saturday in December 1977, the mayor and councilmen shall be elected for terms of two years beginning on January 1, 1978, and until their successors are elected and qualified. Thereafter, future successors shall be elected on the fourth Saturday in December of each odd-numbered year and shall take office on the first day of January immediately following their election for terms of two years and until their successors are elected and qualified." and inserting in its place a new Section 2A to read as follows:

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"SECTION 2A. (a) The terms of office of the mayor and councilmembers elected at the regular municipal election in 2011 and thereafter shall be as follows:
(1) The mayor and the councilmembers from Posts 1 and 4 elected at the regular municipal election in 2011 shall serve for terms of four years and their successors shall thereafter serve for terms of four years; and (2) The councilmembers from Posts 2 and 3 elected at the regular municipal election in 2011 shall serve for terms of two years and their successors shall thereafter serve for terms of four years. (b) The mayor and councilmembers shall take office on the first day of January immediately following their election."

SECTION 2. The governing authority of Mountain 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 90 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is hereby given that there will be introduced at the regular 2010 session of the General Assembly of the State of Georgia a bill to amend the charter of the Town of Mountain City to establish staggered terms. This will be an amendment to the charter of the Town of Mountain City approved August 22, 1907 (Ga. L. 1907, p. 827) as amended (Ga. L. 1929, p. 1232 and Ga. L. 1977, p. 3751). For the council positions designated as Post No. 2 and Post No. 3, with terms to begin January 12, 2012, there will be initial two year terms ending December 31, 2013. Thereafter the terms for Post No. 2 and Post No. 3 will be four year terms. This 17th day of February, 2010. mayor and Council, City of Mountain City, By: Grace Watts, Mayor.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jim Butterworth, who on oath deposes and says that he is the Senator from District 50 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Clayton Tribune which is the official organ of Rabun

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

County on March 4, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

/s/ JIM BUTTERWORTH Jim Butterworth Senator, District 50

Sworn to and subscribed before me, this 12th day of April 2010.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)

Approved June 2, 2010.

__________

CITY OF PORTERDALE HOMESTEAD EXEMPTION: CITY TAXES; REFERENDUM.

No. 589 (Senate Bill No. 422).

AN ACT
To provide a homestead exemption from City of Porterdale ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for each lawful resident of the City of Porterdale, which is in lieu of and not in addition to any other homestead exemption applicable to City of Porterdale ad valorem taxes for municipal purposes; to provide for conditions and procedures relating thereto; to provide for related matters; to provide for a referendum; to provide for applicability; to provide 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) For purposes of this Act, the term:

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(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 Porterdale, except for taxes to pay interest on or retire bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. (b) Each lawful resident of the City of Porterdale is granted an exemption on that person's homestead from all City of Porterdale ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of that homestead. The value of the homestead in excess of the amount exempted by this section 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 Porterdale, or the designee thereof, giving such information relative to receiving such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption. (d) The governing authority of the City of Porterdale, or the designee thereof, shall provide application forms for the exemption granted by subsection (b) of this section and shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption. (e) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year 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 for any year thereafter 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 Porterdale, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (f) The exemption granted by this Act shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in lieu of and not in addition to any other homestead exemption applicable to municipal ad valorem taxes. (g) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2011.

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Porterdale 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 Porterdale for approval or rejection. The municipal election superintendent shall conduct that election at the state-wide general election held November, 2010, and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of

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the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of the Newton County. The ballot shall have written or printed thereon the words:

"( ) YES Shall the Act be approved which provides to residents of a homestead a $10,000.00 homestead exemption from certain City of Porterdale ad
( ) NO valorem taxes?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect on January 1, 2011. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Porterdale. 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 2010 session of the General Assembly of Georgia a bill to provide a homestead exemption for city of Porterdale ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for each lawful resident of the City of Porterdale; to provide for conditions and procedures relating thereto; to provide for related matters; to provide for referendum; and for other purposes.
This 22nd day of January, 2010
Senator John Douglas District 17

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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 12, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

s/ JOHN DOUGLAS John Douglas Senator, District 17

Sworn to and subscribed before me, this 15th day of February 2010.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)

Approved June 2, 2010.

__________

COVINGTON MUNICIPAL AIRPORT AUTHORITY CREATE.

No. 590 (Senate Bill No. 376).

AN ACT

To create the Covington 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

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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:

SECTION 1. Short title.

This Act shall be known and may be cited as the "Covington 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 Newton County area. There is the need for adequate airports safely and efficiently to serve the air transportation needs of this state and Newton 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 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. Covington Municipal Airport Authority.

(a) There is created a body corporate and politic, to be known as the "Covington 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 Newton County, at least two of whom shall possess expertise in aviation. Four of the members shall be appointed by the governing authority of the City of Covington for terms of office of four years each. Three of the members shall be appointed by the governing authority of the City of Covington 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

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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 receive such reasonable and customary compensation for their services as such members, payable from funds of the authority, as may be established from time to time by the authority, and 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 Newton County for at least one year prior to the date of such person's appointment and shall not have been convicted of a felony. (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 Newton 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 Newton 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 Covington.

SECTION 4. Definitions.

(a) As used in this Act, the term:

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(1) "Airport" means any area of land or structure which is or has been used or which the authority may plan to use for the landing and taking off of commercial, private, and military aircraft, including helicopters; all buildings, equipment, facilities, or other property and improvements of any kind or nature located within the bounds of any such land area or structure which are or have been used or which the authority may 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, storage, and taking off of commercial, private, and military aircraft including all lands currently owned or may be acquired in the future by the City of Covington for airport purposes. (2) "Authority" means the Covington Municipal Airport Authority created by this Act. (3) "Cost of the project" means and embraces the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all 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 services, 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 necessary or convenient 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 as 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.

GEORGIA LAWS 2010 SESSION
SECTION 5. Powers.

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The authority shall have the power: (1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes and to plan, acquire, establish, develop, construct, enlarge, improve, maintain, equip, and lease all airports which shall come under the control of the authority under the provisions of this Act or which it may acquire or plan to acquire; to regulate, protect, and police such airports and all related activities and facilities; to enter into any contracts, leases, or other agreements, promulgate any orders, set any tolls, fees, or other charges for the use of property or services of the authority and collect and use same as necessary to operate the airports under control of the authority; and to accomplish any purposes of this Act and make any purchases or sales necessary for such purposes; except that the authority may not acquire any airport of any county, municipality, or combination thereof unless such county or municipality agrees to pay to the authority, so long as it operates such airport, at least the amount of airport operating expenses funded by taxes, fees, and assessments of such county or municipality immediately prior to such acquisition. (3) To acquire in its own name by purchase, gift, or lease 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,

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institutions, or agencies of the State of Georgia 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 the State of Georgia, and between the authority and public bodies, including counties and cities outside the State of Georgia. (6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, as defined in this Act, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the authority or 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 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 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 the State of Georgia; and (11) To do all other things necessary or convenient to carry out the powers expressly given in this Act.

GEORGIA LAWS 2010 SESSION
SECTION 6. Revenue bonds.

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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.

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 of Georgia. 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.

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SECTION 9. Revenue bonds; negotiability; exemption from taxation.

All revenue bonds issued under the provisions of this Act shall have and are declared to have all the qualities and incidents of negotiable instruments under the laws of this state. Such bonds, their transfer, and the income therefrom shall be exempt from all taxation within this state.

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 may be passed at any regular or special meeting of the authority by a majority of its members.

GEORGIA LAWS 2010 SESSION
SECTION 14. Credit not pledged.

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Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the City of Covington or Newton 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, 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 of Georgia. Such trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair, and insuring of the project, and the custody, safeguarding, and application of all moneys, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the authority, and satisfactory to the original purchasers of the bonds issued therefor, and may also require that the security given by contractors and by any depository 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 the State of Georgia to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the authority or the laws of the State of Georgia. 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.

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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 or projects, and regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or the trust instrument may provide. 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 of the resolution authorizing the issuance of the bonds or the trust indenture, any surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds, and any such bonds so purchased or redeemed shall forthwith be canceled and shall not again be issued.

GEORGIA LAWS 2010 SESSION
SECTION 18. Remedies of bondholders.

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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 the State of Georgia or granted under this Act or under such resolution or trust indenture and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture to be performed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished.

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 of this Act and then outstanding, together with accrued interest thereon and premium, if any. The issuance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the 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 of the O.C.G.A., known as the "Revenue Bond Law." The petition for validation shall also make party defendant to such action the State of Georgia or any municipality, county, authority, political subdivision, or instrumentality of the State of Georgia which has contracted with the authority for the services and facilities of the project for which bonds are to be issued and sought to be validated, and the state or such municipality, county, authority, political subdivision, or instrumentality shall be required to show cause, if any exists, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the contract or contracts adjudicated as a part of the basis for the security for the payment of any such bonds of the authority. The bonds, when validated, and the judgment 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

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

subdivision, or instrumentality, if a party to the validation proceedings, contracting with the Covington 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 Newton 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 of Georgia 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. 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

GEORGIA LAWS 2010 SESSION

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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.

SECTION 27. Tort immunity.

The authority shall have the same immunity and exemption from liability for torts and negligence as the City of Covington; 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 Covington 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 of the people of the State of Georgia 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 the State of Georgia 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

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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 or substitution of any powers now existing.

SECTION 30. Effect on other governments.

This Act shall not and does not in any way take from Newton 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."

SECTION 31. Liberal construction of Act.

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

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.

GEORGIA LAWS 2010 SESSION NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

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Notice is given that there will be introduced at the regular 2010 session of the General Assembly of Georgia a bill to authorize the governing authority of the city of Covington to create the Covington Municipal Airport Authority pursuant to Code Section 6-3-20, et seq. of the O.C.G.A.; and for other purposes.

This 29th day of January, 2010

Senator John Douglas District 17

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 January 29, 2010 and that the notice requirements of Code Section 28-1-14 have been met.

s/ JOHN DOUGLAS John Douglas Senator, District 17

Sworn to and subscribed before me, this 5th day of February 2010.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)

Approved June 2, 2010.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
COLUMBUS, GEORGIA MUNICIPAL COURT; CLERK AND MARSHAL; COMPENSATION.

No. 591 (House Bill No. 1391).

AN ACT

To amend an Act establishing the Municipal Court of Columbus, Georgia, approved August 12, 1915 (Ga. L. 1915, p. 63), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3686), so as to change the compensation of the clerk and marshal of said court; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act establishing the Municipal Court of Columbus, Georgia, approved August 12, 1915 (Ga. L. 1915, p. 63), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3686), is amended by revising Sections 11 and 12 as follows:

"SECTION 11. (a) Effective upon the current term of office, the salary of the clerk of said court shall be the higher of $68,217.79 or 70 percent of the amount of the salary of the Sheriff of Muscogee County, as is now or hereafter established pursuant to general law. The salary of the clerk of said court shall be paid in equal monthly installments from the funds of Columbus, Georgia. (b) Based upon the terms of office served by the clerk of said court, longevity and cost of living increases shall be added to the salary of the clerk of said court under the same provisions and in the same manner as provided for longevity and cost of living increases for sheriffs pursuant to general law.

SECTION 12. (a) Effective upon the current term of office, the salary of the marshal of said court shall be the higher of $68,217.79 or 70 percent of the amount of the salary of the Sheriff of Muscogee County, as is now or hereafter established pursuant to general law. The salary of the marshal of said court shall be paid in equal monthly installments from the funds of Columbus, Georgia. (b) Based upon the terms of office served by the marshal of said court, longevity and cost of living increases shall be added to the salary of the marshal of said court under the same provisions and in the same manner as provided for longevity and cost of living increases for sheriffs pursuant to general law."

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

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2010 session of the General Assembly of Georgia a bill to amend an Act establishing the Municipal Court of Columbus, Georgia, approved August 12, 1915 (Ga. L. 1915, p. 63), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3686); and for other purposes.
This 31st day of January, 2010.
Representative Calvin Smyre District 132
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Calvin Smyre, who on oath deposes and says that he is the Representative from District 132 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Ledger-Enquirer which is the official organ of Muscogee County on February 8, 2010, and that the notice requirements of Code Section 28-1-14 have been met.
s/ CALVIN SMYRE Calvin Smyre Representative, District 132
Sworn to and subscribed before me, this 8th day of March, 2010.
s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Approved June 2, 2010.

__________

MCINTOSH COUNTY VEHICLE REGISTRATION PERIOD.

No. 592 (House Bill No. 964).

AN ACT

To repeal an Act providing for a nonstaggered four-month vehicle registration period for McIntosh County, approved April 4, 1997 (Ga. L. 1997, p. 3861); to specify the vehicle registration period for McIntosh County; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act providing for a nonstaggered four-month vehicle registration period for McIntosh County, approved April 4, 1997 (Ga. L. 1997, p. 3861), is repealed effective January 1, 2012. Accordingly, on and after January 1, 2012, the registration period for vehicles in McIntosh County, including without limitation those vehicles for which registration and licensing is issued in calendar year 2011 for expiration in calendar year 2012, shall be as provided by subparagraph (a)(1)(A) of Code Section 40-2-21 of the O.C.G.A. or as otherwise provided by general law for those counties for which local Acts providing for four-month registration periods have not been enacted.

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 2010 session of the General Assembly of Georgia a bill to repeal an Act providing for a nonstaggered four-month vehicle registration period for McIntosh County, approved April 4, 1997 (Ga. L. 1997, p. 3861); and for other purposes.
This 31st day of December, 2009.
Roger B. Lane Representative Roger Lane District 167

GEORGIA LAWS 2010 SESSION GEORGIA, FULTON COUNTY

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Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roger Lane, who on oath deposes and says that he is the Representative from District 167 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Darien News which is the official organ of McIntosh County on January 7, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

s/ ROGER LANE Roger Lane Representative, District 167

Sworn to and subscribed before me, this 25th day of January 2010.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)

Approved June 2, 2010.

__________

CITY OF MAYSVILLE NEW CHARTER.

No. 593 (House Bill No. 961).

AN ACT

To provide for a new charter for the City of Maysville; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a mayor and mayor tempore and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, and other personnel and matters relating thereto; to provide for rules and regulations;

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to provide for a municipal court and the judge or judges thereof and other matters relative to those judges; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; to provide for elections; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for auditing, accounting, budgeting, and appropriations; to provide for city contracts and purchasing; to provide for the conveyance of property and interests therein; to provide for bonds for officials; to provide for prior ordinances and rules, pending matters, and existing personnel; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to provide for the specific repeal of certain local Acts; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

ARTICLE I INCORPORATION AND POWERS
SECTION 1.10. Name.

This city and the inhabitants thereof are reincorporated by the enactment of this charter and are hereby constituted and declared a body politic and corporate under the name and style Maysville, Georgia, and by that name shall have perpetual succession.

SECTION 1.11. Corporate boundaries.

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

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SECTION 1.12. Powers and construction.

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(a) This city shall have all powers possible for a city to have under the present or future constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. These powers shall include, but not be limited to, the following:
(1) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this charter; (2) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (3) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; and to regulate all housing and building trades; (4) Business regulation and taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees; (5) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other applicable laws as are now or may hereafter be enacted; (6) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (7) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or outside the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (8) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of the state through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation,

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the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (9) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business in the city benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (11) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (13) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (14) Jail sentences. To provide that persons given jail sentences in the municipal court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city; to provide for commitment of such persons to any jail; or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (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;

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(19) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, cable television and other telecommunications, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties and to provide for the withdrawal of service for refusal or failure to pay the same; (21) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (22) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (23) Planning and zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and aesthetically pleasing community; (24) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a fire-fighting agency; (25) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (26) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, and charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; and to provide any other public improvements, inside or outside the corporate limits of the city; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are now or may hereafter be enacted; (27) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (28) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (29) Public utilities and services. To grant franchises or make contracts for or impose taxes on public utilities and public service companies and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Georgia Public Service Commission; (30) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance 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

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or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (31) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (32) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (33) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system and to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system; (34) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; (35) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (37) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (38) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; (39) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles;

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(40) Urban redevelopment. To organize and operate an urban redevelopment program; and (41) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated in this charter; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.

SECTION 1.13. Exercise of powers.

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

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

The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and four councilmembers. The city council established in this charter shall in all respects be a successor to and continuation of the city governing authority under prior law. The mayor and councilmembers shall be elected in the manner provided by general law and this charter.

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

(a) The members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. The term of office of each member of the city council shall begin on the first day of January immediately following the election of such member unless general law authorizes or requires the term to begin at the first organizational

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meeting in January or upon some other date. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the city for 12 months prior to the date of the election of mayor or members of the city council; each shall continue to reside therein during that person's period of service and to be registered and qualified to vote in municipal elections of this city. (b) The mayor and councilmembers shall be elected by plurality vote as provided in Section 5.13 of this charter.

SECTION 2.12. Vacancy; filling of vacancies.

(a) Vacancies - The office of mayor or councilmember shall become vacant upon the occurrence of any event specified by the Constitution of the State of Georgia, Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted. (b) Filling of vacancies - A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, by appointment if less than 12 months remain in the unexpired term, otherwise by an election as provided for in Section 5.14 of this charter and in accordance with Titles 21 and 45 of the O.C.G.A. or such other laws as are or may hereafter be enacted.

SECTION 2.13. Compensation and expenses.

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

SECTION 2.14. Conflicts of interest; holding other offices.

(a) Elected and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. (b) Conflict of interest - No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of that person's official duties or which would tend to impair the independence of the person's judgment or action in the performance of those official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of that person's official duties or would tend to impair the independence of that person's judgment or action in the performance of those official duties;

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(3) Disclose confidential information, including information obtained at meetings which are closed pursuant to Chapter 14 of Title 50 of the O.C.G.A., concerning the property, government, or affairs of the governmental body by which the person is engaged without proper legal authorization or use such information to advance the financial or other private interest of the person or others; (4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation which to the person's knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which the person is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which that person has a financial interest. (c) Disclosure - Any elected official, appointed officer, or employee who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such interest to the city council. The mayor or any councilmember who has a financial interest in any matter pending before the city council shall disclose such interest and such disclosure shall be entered on the records of the city council, and that person shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such interest to the governing body of such agency or entity. (d) Use of public property - No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (e) Contracts voidable and rescindable - Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render such contract or sale voidable at the option of the city council. (f) Ineligibility of elected official - Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which that official was elected. No former mayor and no former councilmember shall hold any compensated appointive office in the city until one year after the expiration of the term for which that official was elected. (g) Political activities of certain officers and employees - No appointed officer of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. No employee of the city shall continue in such employment upon

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election to any public office in this city or any other public office which is inconsistent, incompatible, or in conflict with the duties of the city employee. Such determination shall be made by the mayor and city council either immediately upon election or at any time such conflict may arise. (h) Penalties for violation-
(1) Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited that person's office or position. (2) Any officer or employee of the city who shall forfeit an office or position as described in paragraph (1) of this subsection shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter.

SECTION 2.15. Inquiries and investigations.

Following the adoption of an authorizing resolution, the city council may make inquiries and investigations into the affairs 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.

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

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

SECTION 2.17. Organizational meetings.

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

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SECTION 2.18. Regular and special meetings.

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(a) The city council shall hold regular meetings at such times and places as shall be prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor. Notice of such special meeting shall be served on all councilmembers personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law, and notice to the public of special meetings shall be made as fully as is reasonably possible as provided by Code Section 50-14-1 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted.

SECTION 2.19. Rules of procedure.

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

SECTION 2.20. Quorum; voting.

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

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SECTION 2.21. Ordinance form; procedures.

(a) Every proposed ordinance should be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "It is hereby ordained by the governing authority of the City of Maysville ..." and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided in Section 2.23 of this charter. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate.

SECTION 2.22. Action requiring an ordinance.

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

SECTION 2.23. Emergencies.

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

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(b) Such meetings shall be open to the public to the extent required by law and notice to the public of emergency meetings shall be made as fully as is reasonably possible in accordance with Code Section 50-14-1 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted.

SECTION 2.24. Codes of technical regulations.

(a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of subsection (b) of Section 2.21 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.25 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for inspection by the public.

SECTION 2.25. Signing; authenticating; recording; codification; printing.

(a) The clerk shall authenticate by the clerk's signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the city council. (b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as "The Code of the City of Maysville, 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

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distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.

SECTION 2.26. Mayor pro tempore.

The mayor shall appoint a councilmember to serve as mayor pro tempore. The mayor pro tempore shall assume the duties and powers of the mayor during the mayor's physical or mental disability or absence. Any such disability or absence shall be declared by a majority vote of the city council. The mayor pro tempore shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest as provided in Section 2.14 of this charter.

SECTION 2.27. Powers and duties of mayor.

The mayor shall: (1) Preside at all meetings of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes and be the official spokesperson for the city and the chief advocate of policy; (3) Have power to administer oaths and to take affidavits; (4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, and other instruments executed by the city which by law are required to be in writing; (5) Vote on matters before the city council in the case of a tie and be counted toward a quorum as any other councilmember; (6) Prepare and submit to the city council a recommended annual operating budget and recommended capital budget; and (7) Fulfill such other executive and administrative duties as the city council shall by ordinance establish.

ARTICLE III ADMINISTRATIVE AFFAIRS
SECTION 3.10. Administrative and service departments.

(a) Except as otherwise provided in this charter, the city council by ordinance shall prescribe the functions or duties and establish, abolish, alter, consolidate, or leave vacant all nonelective offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of this city.

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(b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor, be responsible for the administration and direction of the affairs and operations of that director's department or agency. (e) All appointed officers and directors under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the city council. All appointed officers and directors shall be employees at will and subject to removal or suspension at any time by the mayor unless otherwise provided by law or ordinance.

SECTION 3.11. Boards, commissions, and authorities.

(a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The city council by ordinance may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed in this charter for original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until that person has executed and filed with the clerk of the city an oath obligating himself or herself to faithfully and impartially perform the duties of that member's office, such oath to be prescribed by ordinance and administered by the mayor. (g) All board members serve at will and may be removed at any time by a vote of three members of the city council unless otherwise provided by law. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairperson and one member as vice chairperson and may elect as its secretary one of its own members or may appoint as

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secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city.

SECTION 3.12. City attorney.

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

SECTION 3.13. City clerk.

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

SECTION 3.14. Position classification and pay plans.

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

SECTION 3.15. Personnel policies.

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

GEORGIA LAWS 2010 SESSION
ARTICLE IV JUDICIAL BRANCH
SECTION 4.10. Creation; name.

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

SECTION 4.11. Chief judge; associate judge.

(a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless that person shall have attained the age of 21 years, shall be a member of the State Bar of Georgia, and shall possess all qualifications required by law. All judges shall be appointed by the city council and shall serve until a successor is appointed and qualified. (c) Compensation of the judges shall be fixed by ordinance. (d) Judges serve at will and may be removed from office at any time by the city council unless otherwise provided by ordinance. (e) Before assuming office, each judge shall take an oath, given by the mayor, that the judge will honestly and faithfully discharge the duties of the office to the best of that person's ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.19 of this charter.

SECTION 4.12. Convening.

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

SECTION 4.13. Jurisdiction; powers.

(a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $1,000.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for ten days or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing, as now or hereafter provided by law.

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(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 all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the superior court of the county having jurisdiction under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.

SECTION 4.15. Rules for court.

With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to municipal courts. The rules and

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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. Regular elections; time for holding.

(a) There shall be a municipal general election on the Tuesday following the first Monday in November, 2011, and every two years thereafter. (b) The mayor and those members of the city council who are serving as such 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. (c) For purposes of electing members of the city council, the City of Maysville is divided into four posts to be designated Post No. 1, Post No. 2, Post No. 3, and Post No. 4. 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. The person receiving a plurality of votes cast in the entire city for that office shall be elected. (d) The members of the city council shall be elected as provided in this subsection. The mayor and the members from Post No. 2 and Post No. 4 under the staggered election system shall be elected at the general election on the Tuesday next following the first Monday in November, 2011. The mayor and those members of the city council elected thereto from Post No. 2 and Post No. 4 in 2011 shall take office the first day of January immediately following that election and shall serve for terms of office which expire December 31, 2015, and upon the election and qualification of their respective successors. The members from Post No. 1 and Post No. 3 under the staggered election system shall be elected at the general election on the Tuesday next following the first Monday in November, 2011. The members of the city council elected thereto from Post No. 1 and Post No. 3 in 2011 shall take office the first day of January immediately following that election and shall serve one two-year term of office which will expire December 31, 2013, and upon the election and qualification of their respective successors. The members from Post No.1 and Post No. 3 shall then be

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elected for a full four-year term at the municipal general election in November, 2013, held pursuant to subsection (a) of this section. Those and all future successors to the mayor and members of the city council whose terms of office are to expire shall be elected at the time of the municipal general election provided for in subsection (a) of this section immediately preceding the expiration of such terms, shall take office the first day of January immediately following the election, and shall serve for terms of office of four years each. The mayor and members of the city council shall serve for the terms of office specified therefor in this subsection and until their respective successors are elected and qualified.

SECTION 5.12. Nonpartisan elections.

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

SECTION 5.13. Election by plurality.

The person receiving a plurality of the votes cast for any city office shall be elected.

SECTION 5.14. Special elections; vacancies.

In the event that the office of mayor or councilmember shall become vacant as provided in Section 2.12 of this charter, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within 12 months of the expiration of the term of that office, the city council or those remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.

SECTION 5.15. Other provisions.

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

GEORGIA LAWS 2010 SESSION
SECTION 5.16. Removal of officers.

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

ARTICLE VI FINANCE
SECTION 6.10. Property tax.

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

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

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

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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 the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter.

SECTION 6.14. Franchises.

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

GEORGIA LAWS 2010 SESSION
SECTION 6.15. Service charges.

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

SECTION 6.16. Special assessments.

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

SECTION 6.17. Construction; other taxes and fees.

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

SECTION 6.18. Collection of delinquent taxes and fees.

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

SECTION 6.19. General obligation bonds.

The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the

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state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken.

SECTION 6.20. Revenue bonds.

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

SECTION 6.21. Short-term loans.

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

SECTION 6.22. Lease-purchase contracts.

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

SECTION 6.23. Fiscal year.

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

SECTION 6.24. Preparation of budgets.

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

GEORGIA LAWS 2010 SESSION
SECTION 6.25. Submission of operating budget to city council.

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On or before a date fixed by the city council but not later than 45 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and other pertinent comments and information. The operating budget and the capital budget provided for in Section 6.29 of this charter, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.

SECTION 6.26. Action by city council on budget.

(a) The city council may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than December 31 of each year. If the city council fails to adopt the budget by this date, the amounts appropriated for operation for the then current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.24 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotment thereof to which it is chargeable.

SECTION 6.27. Tax levies.

The city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and

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applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of this city.

SECTION 6.28. Changes in appropriations.

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

SECTION 6.29. Capital budget.

(a) On or before the date fixed by the city council, but not later than 45 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed capital improvements plan with a recommended capital budget containing the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have power to accept, with or without amendments, or reject the proposed plan and proposed budget. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement unless the appropriations for such project are included in the capital budget, except to meet a public emergency as provided in Section 2.23 of this charter. (b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than December 31 of each year. No appropriation provided for in a prior capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance.

SECTION 6.30. Independent audits.

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

GEORGIA LAWS 2010 SESSION
SECTION 6.31. Contracting procedures.

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No contract with the city shall be binding on the city unless: (1) It is in writing; (2) It is drawn by or submitted and reviewed by the city attorney and, as a matter of course, is signed by the city attorney to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 2.20 of this charter.

SECTION 6.32. Centralized purchasing.

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

SECTION 6.33. Sale and lease of city property.

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

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ARTICLE VII GENERAL PROVISIONS
SECTION 7.10. Bonds for officials.

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

SECTION 7.11. Prior ordinances.

All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent with this charter are declared valid and of full effect and force until amended or repealed by the city council.

SECTION 7.12. Existing personnel and officers.

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

SECTION 7.13. Pending matters.

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

SECTION 7.14. Construction.

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

GEORGIA LAWS 2010 SESSION
SECTION 7.15. Specific repealer.

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The following Acts and amendatory Acts are repealed in their entirety: (1) An Act entitled "An Act to revise, consolidate, and amend the several Acts incorporating the Town of Maysville," approved August 17, 1909 (Ga. L. 1909, p. 1110), and all amendatory Acts thereto; (2) An Act revising, consolidating, and amending the several Acts incorporating the Town of Maysville so as to reincorporate the City of Maysville, approved May 18, 2007 (Ga. L. 2007, p. 3995); and (3) An Act amending an Act revising, consolidating, and amending the several Acts incorporating the Town of Maysville so as to reincorporate the City of Maysville, approved May 6, 2009 (Ga. L. 2009, p. 3683).

SECTION 7.16. Preclearance.

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

SECTION 7.17. 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 2010 session of the General Assembly of Georgia a bill to provide for a new charter for the City of Maysville; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting rules and procedures; to provide for ordinances and codes; to provide for a mayor and mayor tempore and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to provide

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for a city attorney, a city clerk, and other personnel and matters relating thereto; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof and other matters relative to those judges; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; to provide for elections; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for auditing, accounting, budgeting, and appropriations; to provide for city contracts and purchasing; to provide for the conveyances of property and interests therein; to provide for bonds for officials; to provide for prior ordinances and rules, pending matters, and existing personnel; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to provide for the specific repeal of certain local Acts; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; and for other purposes.

This 15 day of January, 2010.

Representative Tommy Benton District 31

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommy Benton, who on oath deposes and says that he is the Representative from District 31 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Jackson Herald which is the official organ of Jackson County on January 20, 2010, 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 25th day of January 2010.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)

GEORGIA LAWS 2010 SESSION NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

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Notice is given that there will be introduced at the regular 2010 session of the General Assembly of Georgia a bill to provide for a new charter for the City of Maysville; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting rules and procedures; to provide for ordinances and codes; to provide for a mayor and mayor tempore and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, and other personnel and matters relating thereto; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof and other matters relative to those judges; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; to provide for elections; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for auditing, accounting, budgeting, and appropriations; to provide for city contracts and purchasing; to provide for the conveyances of property and interests therein; to provide for bonds for officials; to provide for prior ordinances and rules, pending matters, and existing personnel; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to provide for the specific repeal of certain local Acts; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; and for other purposes.

This 15 day of January, 2010.

Representative Tommy Benton District 31

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommy Benton, who on oath deposes and says that he is the Representative from District 31 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Banks County News which is the official organ of Banks County on January 20, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

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s/ TOMMY BENTON Tommy Benton Representative, District 31

Sworn to and subscribed before me, this 25th day of January 2010.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)

Approved June 2, 2010.

__________

TOWN OF ARCADE CITY COUNCIL; STAGGERED TERMS.

No. 594 (House Bill No. 959).

AN ACT

To amend an Act to provide a new charter for the Town of Arcade, approved April 5, 1995 (Ga. L. 1995, p. 4024), so as to provide for staggered terms of office for members of the city 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 to provide a new charter for the Town of Arcade, approved April 5, 1995 (Ga. L. 1995, p. 4024), is amended by revising Section 2.11 as follows:

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

Except as otherwise provided in Section 5.11 of this charter, the members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the city for 12 months prior to the date of the election of the mayor and members of the council and each shall continue to reside therein during

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that period of service and to be registered and qualified to vote in municipal elections of this city."

SECTION 2. Said Act is further amended by revising Section 5.11 as follows:

"SECTION 5.11. Regular elections; time for holding.

The mayor and five councilmembers elected at the general municipal election in November, 2009, shall serve for and during the four-year terms for which they were elected and until their successors are elected and qualified. Of those five persons elected as councilmembers at the general municipal election in 2013, the three elected councilmembers who received the least number of votes shall serve for terms of two years each and until their respective successors are elected and qualified. The two elected councilmembers who received the highest number of votes in the November, 2013, general municipal election and the mayor elected at the November, 2013, general municipal election shall serve for terms of four years each and until their respective successors are elected and qualified. All shall take office on the first day of January following their elections. Thereafter, all successors to the mayor and five councilmembers shall serve for terms of four years each and until their respective successors are elected and qualified, and all shall take office on the first day of January following their elections."

SECTION 3. Said Act is further amended by revising Section 5.14 as follows:

"SECTION 5.14. Election of councilmembers by plurality vote.

Councilmembers shall be elected from the city at large. In general elections in which there are two council seats up for election, the two persons receiving the most votes cast for the offices of councilmembers shall be elected to fill the positions for councilmembers. In general elections in which there are three council seats up for election, the three persons receiving the most votes cast for the offices of councilmembers shall be elected to fill the positions for councilmembers."

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

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City of Arcade NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2010 session of the General Assembly of Georgia a bill to amend an Act to provide a new charter for the Town of Arcade, approved April 5, 1995 (Ga. L. 1995, p. 4042), so as to provide for staggered terms of office for members of the City Council; to provide for related matters; to repeal conflicting laws; and for other purposes.

This 14 day of January, 2010.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommy Benton, who on oath deposes and says that he is the Representative from District 31 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Jackson Herald which is the official organ of Jackson County on January 13, 2010, 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 25th day of January 2010.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)

Approved June 2, 2010.

__________

GEORGIA LAWS 2010 SESSION
GILMER COUNTY MAGISTRATE COURT; CLERK; MANNER OF APPOINTMENT.

3993

No. 595 (House Bill No. 1514).

AN ACT

To provide that the clerk of the Magistrate Court of Gilmer County shall be appointed by and serve at the pleasure of the chief magistrate; to provide for related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. The clerk of the Magistrate Court of Gilmer County shall be appointed by and serve at the pleasure of the chief magistrate.

SECTION 2. This Act shall become effective only if there is enacted into law at the 2010 session of the General Assembly a general law to provide that the General Assembly may at any time specify by local law who shall serve as clerk of magistrate court. If such a general law is so enacted, this Act shall become effective on the first day of the month following the month as of which both such general law and this Act have been approved by the Governor or have become 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 2010 session of the General Assembly of Georgia a bill to provide that the clerk of the Magistrate Court of Gilmer County shall be appointed by and serve at the pleasure of the chief magistrate; to provide for related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes.
This 13th day of April, 2010.
s/David Ralston Representative David Ralston, District 7

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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 April 15, 2010, 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 19th day of April 2010.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)

Approved June 2, 2010.

__________

HABERSHAM COUNTY STATE COURT; JUDGE AND SOLICITOR; FULL-TIME POSITIONS; COMPENSATION.

No. 596 (House Bill No. 1458).

AN ACT

To amend an Act creating and establishing the State Court of Habersham County (formerly the City Court of Habersham County), approved February 13, 1941 (Ga. L. 1941, p. 651), as amended, particularly by an Act approved April 4, 1997 (Ga. L. 1997, p. 3937), so as to provide that the judge and solicitor of said court shall be full-time positions; to change the compensation of the judge and solicitor of said court; to provide that neither the judge nor the solicitor of said court shall practice law; to provide an effective date; to repeal conflicting laws; and for other purposes.

GEORGIA LAWS 2010 SESSION BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. An Act creating and establishing the State Court of Habersham County (formerly the City Court of Habersham County), approved February 13, 1941 (Ga. L. 1941, p. 651), as amended, particularly by an Act approved April 4, 1997 (Ga. L. 1997, p. 3937), is amended by revising Section 10 as follows:

"SECTION 10. There shall be a judge of the state court, who shall be elected at the time of the state-wide general election in the year immediately preceding the end of his or her term of office. The judge serving on the effective date of this Act shall continue to serve until the end of his or her term and until his or her successor is duly elected and qualified. On and after January 1, 2013, the position of judge of the state court shall be a full-time position, and the judge shall not be permitted to engage in the practice of law. The judge shall be compensated according to the following schedule:
(1) A salary equal to 70 percent of a superior court judge, including the supplement paid such judge by Habersham County, for the calendar year beginning on January 1, 2011; (2) A salary equal to 80 percent of a superior court judge, including the supplement paid such judge by Habersham County, for the calendar year beginning on January 1, 2012; and (3) A salary equal to 90 percent of a superior court judge, including the supplement paid such judge by Habersham County, on and after January 1, 2013."

SECTION 2. Said Act is further amended by revising Section 14 as follows:

"SECTION 14. There shall be a solicitor of the state court, who shall be elected at the time of the state-wide general election in the year immediately preceding the end of his or her term of office. The solicitor serving on the effective date of this Act shall continue to serve until the end of his or her term and until his or her successor is duly elected and qualified. On and after January 1, 2013, the position of solicitor of the state court shall be a full-time position, and the solicitor shall not be permitted to engage in the practice of law. The solicitor shall be compensated according to the following schedule:
(1) A salary equal to 70 percent of the district attorney, including the supplement paid such district attorney by Habersham County, for the calendar year beginning on January 1, 2011; (2) A salary equal to 80 percent of the district attorney, including the supplement paid such district attorney by Habersham County, for the calendar year beginning on January 1, 2012; and

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(3) A salary equal to 90 percent of the district attorney, including the supplement paid such district attorney by Habersham County, on and after January 1, 2013."

SECTION 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or becomes law without such approval.

SECTION 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 2010 session of the General Assembly of Georgia a bill to amend an Act creating and establishing the State Court of Habersham County (formerly the City Court of Habersham County), approved February 13, 1941 (Ga. L. 1941, p. 651), as amended, particularly by an Act approved April 4, 1997 (Ga. L. 1997, p. 3937); and for other purposes.
This 25th day of February 2010
s/Representative Rick Austin District 10
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rick Austin, who on oath deposes and says that he is the Representative from District 10 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Northeast Georgian which is the official organ of Habersham County on March 2, 2010, and that the notice requirements of Code Section 28-1-14 have been met.
s/ RICK AUSTIN Rick Austin Representative, District 10

GEORGIA LAWS 2010 SESSION
Sworn to and subscribed before me, this 22nd day of March 2010.

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s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)

Approved June 2, 2010.

__________

CITY OF GAINESVILLE HOMESTEAD EXEMPTION; SCHOOL TAXES; DISABLED OR SENIOR CITIZEN; REFERENDUM.

No. 597 (House Bill No. 1255).

AN ACT

To amend an Act providing for homestead exemptions from City of Gainesville independent school district ad valorem taxes for educational purposes for certain residents of that school district who are disabled or who are senior citizens, approved March 19, 1987 (Ga. L. 1987, p. 4209), as amended, so as to allow any person who is disabled or is 62 to 70 years of age who receives the first exemption of $30,000.00 to automatically receive the second full value 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 City of Gainesville independent school district ad valorem taxes for educational purposes for certain residents of that school district who are disabled or who are senior citizens, approved March 19, 1987 (Ga. L. 1987, p. 4209), as amended, is amended by revising subsections (b), (c), and (d) of Section 2 as follows:
"(b) Each resident of the City of Gainesville independent 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 person's homestead from all City of Gainesville independent school district ad valorem taxes for educational purposes in the amount of $30,000.00 of the

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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 (c) of this section. With respect to the exemption under this subsection, such unremarried surviving widow or widower shall remain subject to the income limitations specified in this subsection. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) Each resident of the City of Gainesville independent 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 City of Gainesville independent school district ad valorem taxes for educational purposes for the full value of that homestead. The unremarried surviving widow or widower who is at least 65 years of age shall continue to receive the exemption provided under this subsection so long as that unremarried surviving widow or widower continues to occupy the home as a residence and homestead.
(d)(1) In order to qualify for the exemption provided for in subsection (b) of this section as being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., as amended, certifying that in the opinion of such physician or physicians such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Such certificate or certificates shall constitute part of and be submitted with the application provided for in paragraph (2) of this subsection. (2) Any person who has applied for or is receiving the exemption under subsection (b) of this section shall be automatically eligible for the exemption under subsection (c) of this section upon properly meeting the age qualification without applying therefor. Otherwise, a person shall not receive the homestead exemption granted by subsection (b) or (c) of this section unless such person or person's agent files an affidavit with the governing authority of the City of Gainesville, or the designee thereof, giving such person's 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 governing authority of the City of Gainesville, or the designee thereof, to make a determination as to whether such owner is entitled to such exemption. The governing authority of the City of Gainesville, or the designee thereof, shall provide affidavit forms for this purpose."

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SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Gainesville shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Gainesville independent school district for approval or rejection. The municipal election superintendent shall conduct that election on the date of the November, 2010, 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 Hall County. The ballot shall have written or printed thereon the words:

"( ) YES Shall the Act be approved which amends the City of Gainesville independent school district homestead exemptions for disabled persons or
( ) NO senior citizens by allowing any person who is disabled or is 62 to 70 years of age who receives the first $30,000.00 exemption to automatically receive the second full value exemption upon reaching 70 years of age?"
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 shall become of full force and effect on January 1, 2011, and shall be applicable to all taxable years beginning on or after January 1, 2011. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective, and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Gainesville. It shall be the 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 2010 session of the General Assembly of Georgia a bill to amend an Act providing for homestead exemptions from City of Gainesville independent school district ad valorem taxes for educational purposes for certain residents of that school district who are disabled or who are senior citizens, approved March 19, 1987 (Ga. L. 1987, p. 4209), as amended, so as to allow any person who is

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disabled or is 62 to 70 years of age who receives the first exemption of $30,000.00 to automatically receive the second full value exemption upon reaching 70 years of age; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; and for other purposes.

This 10th day of February, 2010

Representative Carl Rogers, District 26

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 Local Legislation was published in the Times which is the official organ of Hall County on February 12, 2010, 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 16th day of February 2010.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)

Approved June 2, 2010.

__________

CITY OF BREMEN NEW CHARTER.

No. 598 (House Bill No. 164).

AN ACT

To provide a new charter for the City of Bremen; to provide for incorporation, boundaries, and powers of the city within the counties of Haralson and Carroll; to provide for a governing

GEORGIA LAWS 2010 SESSION

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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 a city attorney, a city clerk, 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 an independent city school system; 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 repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

ARTICLE I INCORPORATION AND POWERS
SECTION 1.01. Name.

This city and the inhabitants thereof, are reincorporated by the enactment of this charter and are hereby constituted and declared a body politic and corporate under the name and style "Bremen, Georgia", and by that name shall have perpetual succession.

SECTION 1.02. Corporate Boundaries.

(a) The boundaries of this city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The boundaries of this city at all times shall be shown on a map, a written description or any combination thereof, to be retained permanently in the office of the Clerk of the City of Bremen and to be designated, as the case may be: "Official Map of the Corporate Limits of the City of Bremen, 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.

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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 the State of Georgia 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 1.04. Examples of Powers.

(a) Animal Regulations. To regulate and license or to prohibit the keeping or running at-large of animals and fowl, and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder; (b) Appropriations and Expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure 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 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, as granted to municipalities under general law of the State of Georgia, 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;

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(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 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; (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; (l) 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 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 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;

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(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, 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 policemen, 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 by purchase, prescription, dedication or donation, and the 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; (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 and economically feasible; (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 the rights-of-way of streets and roads, within the

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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 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 of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate or prohibit professional fortunetelling, palmistry, adult bookstores, adult entertainment establishments, and massage parlors; (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; (ll) Taxes: Other. To levy and collect such other taxes as may be allowed now or in the future by law; (mm) Taxicabs and Other Public Transportation. 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;

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(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 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.

SECTION 1.05. 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
GENERALLY LEGISLATIVE BRANCH
A. Creation. SECTION 2.01. City Council Creation; Number; Election.

The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and four (4) council-members. The council members shall be elected by city wide-at large elections. Each duly elected council member will occupy a seat on the council to be designated as Seat One, Seat Two, Seat Three and Seat Four, respectively. 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 general law and this charter.

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B. Terms and Qualifications for Office. SECTION 2.02.
City Council Terms and Qualifications for Office.

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The members of the city council shall serve for terms of 4 years and until their respective successors are elected and qualified. No person shall be eligible to serve as a councilmember unless that person shall be a citizen of the United States of America; have attained the age of 21 years; and have established his or her domicile within the city, so as to be a legal resident of the city, for the 12 consecutive months prior to the first day of the period of time set for qualification as a candidate for the office of councilmember. A duly elected councilmember shall continue to reside within the city during that individual's period of service and shall continue to be registered and qualified to vote in municipal elections of this city.

C. Vacancies in Office. SECTION 2.03.
Vacancy; Filling of Vacancies.

(a) Vacancies - The office of mayor or councilmember shall become vacant upon the occurrence of any event specified by the Constitution of the State of Georgia, Title 45 of the 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 of the city council if less than 12 months remains in the unexpired term, otherwise by an election, as provided for in Section 5.04 of this charter and in accordance with Titles 21 and 45 of the Official Code of Georgia Annotated, or other such laws as are or may hereafter be enacted.

D. Compensation and Expenses. SECTION 2.04.
Compensation and Expenses.

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

E. Prohibitions. SECTION 2.05. 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.

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(b) Conflict of Interest - No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction, or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of that person's official duties or which would tend to impair the independence of the official's judgment or action in the performance of those official duties; (2) Engage in or accept private employment, or render services for private interests when such employment or service is incompatible with the proper discharge of that person's official duties or would tend to impair the independence of the official's judgment or action in the performance of those official duties; (3) Disclose confidential information, including information obtained at meetings which are closed pursuant to Title 50, Chapter 14 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, as defined by state law, whether in the form of service, loan, thing, or promise, from any person, firm or corporation which to the official's knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which the official is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote on any contract with any business or entity in which the official has a significant financial interest. (c) Disclosure - Any elected official, appointed officer, or employee who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such interest to the city council. The mayor or any councilmember who has a financial interest in any matter pending before the city council shall disclose such interest and such disclosure shall be entered on the records of the city council, and that official shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such interest to the governing body of such agency or entity. (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.

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(e) Contracts Voidable and Rescindable - Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council. (f) Ineligibility of Elected Official - Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which that official was elected. (g) Political Activities of Councilmember and Certain Officers and Employees -
(1) No councilmember or appointive officer of the city shall continue in such position or employment upon qualifying as a candidate for nomination or election to any public office. This section shall not apply to a councilmember that qualifies as an incumbent seeking reelection to his or her seat on the council. (2) 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 council either immediately upon election or at any time such conflict may arise. (h) Penalties for Violation (1) Any city officer or employee shown to have knowingly concealed such financial interest or knowingly violated 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) above shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter.

F. Inquiries and Investigations. SECTION 2.06.
Inquiries and Investigations.

Following the adoption of an authorizing resolution, the city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office or agency thereof, and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as provided by ordinance. This provision is intended to allow the council to conduct comprehensive investigations of the city's affairs as well as the conduct of any of its departments, offices or agencies so as to maintain proper legislative oversight of city government. The inquiries and investigations authorized may only be conducted by the council, not individual council members, and only for the purposes of an official investigation.

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G. General Power and Authority. SECTION 2.07.
General Power and Authority of the City Council.

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

H. Eminent Domain. SECTION 2.08. Eminent Domain.

The city council is hereby empowered to acquire, construct, operate and maintain public ways, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, educational, 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.

ORGANIZATION AND PROCEDURES I. Meetings.
SECTION 2.09. Organization.

(a) The city council shall hold an organizational meeting at the first regular meeting in the first full month following the passage and adoption of this charter; provided however, that the mayor and council members in office at the time of adoption of this charter shall continue in office until that date. The meeting shall be called to order by the city clerk and the oath of office shall be administered to any and all newly elected members as follows:
"I do solemnly swear (or 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." (b) By a majority vote, the city council shall elect a councilmember to serve as mayor pro tem. During the absence or physical or mental disability of the mayor for any cause, the mayor pro tem 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 the city council. The mayor pro tem shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest as provided in Section 2.05.

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SECTION 2.10. Regular and Special Meetings.

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(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 (2) 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 section 50-14-1 of the Official Code of Georgia Annotated, or other such applicable laws as are or may hereafter be enacted.

J. Procedures. SECTION 2.11. Rules of Procedure.

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

SECTION 2.12. Quorum: Voting.

Three councilmembers, or two councilmembers and the Mayor, shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the 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 (3) councilmembers (or two councilmembers and the Mayor only when the Mayor has been counted as a member for purposes of a quorum) shall be required for the adoption

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of any ordinance, resolution, or motion. An abstention shall be counted as an affirmative vote.

K. Ordinances. SECTION 2.13. 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 Bremen" 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 2.15. 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 2.14. Action Requiring An Ordinance.

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

SECTION 2.15. Emergencies, Emergency Ordinances, Procedures and Limitations.

(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 (2) 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

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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 section 50-14-1, as amended, of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted.

SECTION 2.16. 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 Section 2.17(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 2.17. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for inspection by the public.

SECTION 2.17. Signing; Authenticating; Recording; Codification; Printing.

(a) The clerk shall authenticate by the clerk's signature and record in full in a properly indexed book kept for that purpose, all ordinances adopted by the council. (b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as "The Code of the City of Bremen, 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

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

L. Council-Manager Form of Government. SECTION 2.18.
City Manager; Appointment; Qualifications; Compensation.

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

SECTION 2.19. 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 2.20. Acting City Manager.

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

SECTION 2.21. Powers and Duties of the City Manager.

The city manager shall be the chief administrative officer of the city. The manager shall be responsible to the city council for the administration of all city affairs placed in the manager's charge by or under this charter. As the chief administrative officer, the manager shall:
(a) appoint and, when the manager deems it necessary for the good of the city, suspend or remove all city employees and administrative officers the manager appoints, except as otherwise provided by law or personnel ordinances adopted pursuant to this charter. The manager may authorize any administrative officer who is subject to the manager's direction and supervision to exercise these powers with respect to subordinates in that officer's department, office or agency;

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(b) direct and supervise the administration of all departments, offices and agencies of the city, except as otherwise provided by this charter or by law; (c) attend all city council meetings except for closed meetings held for the purposes of deliberating on the appointment, discipline or removal of the city manager and have the right to take part in discussion but not vote; (d) see that all laws, provisions of this charter, and acts of the city council, subject to enforcement by the manager or by officers subject to the manager's direction and supervision, are faithfully executed; (e) prepare and submit the annual operating budget and capital budget to the city council; (f) 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; (g) make such other reports as the city council may require concerning the operations of city departments, offices and agencies subject to the manager's direction and supervision; (h) 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 manager deems desirable; and (i) perform other such duties as are specified in this charter or as may be required by the city council.

SECTION 2.22. Council Interference with Administration.

Except for the purpose of inquiries and investigations under Section 2.06, the city council or its members shall deal with city officers and employees who are subject to the direction and supervision of the manager solely through the manager, and neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately.

SECTION 2.23. Election of Mayor; Forfeiture; Compensation.

The mayor shall be elected and serve for a term of 4 years and until a successor is elected and qualified. No person shall be eligible to serve as mayor unless that person shall be a citizen of the United States of America; have attained the age of 21 years; and have established his or her domicile within the city, so as to be a legal resident of the city, for the 12 consecutive months prior to the first day of the period of time set for qualification as a candidate for the office of mayor. A duly elected mayor shall continue to reside within the city during that individual's period of service and shall continue to be registered and qualified to vote in municipal elections of this city. 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.

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SECTION 2.24. Powers and Duties of Mayor.

The mayor shall: (a) preside at all meetings of the city council; (b) be the chief executive officer and 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; (c) have power to administer oaths and to take affidavits; (d) 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, this charter or city ordinances are required to be approved by the city council and to be in writing; (e) represent the city in intergovernmental relations; (f) appoint members of citizen advisory boards and commissions with the advice and consent of the council, and make recommendations to the city council concerning the appointment of members of regulatory agencies, boards, or authorities whose members are subject to appointment and approval by the city council; (g) present an annual state of the city message; (h) recommend to the city council such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as the mayor may deem expedient; (i) call special meetings of the city council as provided for in Section 2.10(b); (j) approve or disapprove ordinances as provided in Section 2.25; (k) provide for an annual audit of all accounts of the city; (l) require any department or agency of the city to submit written reports whenever the mayor deems it expedient; (m) fulfill such other executive and administrative duties as the city council shall by ordinance establish, or as may be required by law, this charter, or by ordinance.

SECTION 2.25. Submission of Ordinances to the Mayor; Veto Power.

(a) Every ordinance adopted by the city council shall be presented promptly by the clerk to the mayor. (b) The mayor, within ten (10) calendar days of receipt of an ordinance, shall return it to the clerk with or without the mayor's approval, or with the mayor's disapproval. If the ordinance has been approved by the mayor, it shall become law upon its return to the clerk; if the ordinance is neither approved nor disapproved, it shall become 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 through the clerk a written statement of reasons for the veto. The clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor.

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(c) Ordinances vetoed by the mayor shall be presented by the clerk to the city council at its next meeting. If the city council then or at its next meeting adopts the ordinance by an affirmative vote of three (3) 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 city council as though disapproved and shall not become law unless overridden by the council as provided in subsection (c) above.

SECTION 2.26. Limitation on Terms of Service.

There shall be no limitation on the terms of election for a mayor or a member of the council.

ARTICLE III ADMINISTRATIVE AFFAIRS ORGANIZATIONAL AND GENERAL PROVISIONS
SECTION 3.01. 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 non-elective 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 as set out in the duly adopted budget for the fiscal year. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the city manager, be responsible for the administration and direction of the affairs and operations of that director's department or agency. (e) All appointive officers and directors under the supervision of the city manager shall be nominated by the city manager with confirmation of appointment by the city council. All appointive officers and directors shall be employees at-will and subject to removal or suspension at any time by the city manager unless otherwise provided by law or ordinance.

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SECTION 3.02. Boards, Commissions and Authorities.

(a) The city council shall create by ordinance such boards, commissions and authorities to fulfill any investigative, quasi-judicial or quasi-legislative function the city council deems necessary, and shall by ordinance establish the composition, period of existence, duties and powers thereof. (b) All members of boards, commissions and authorities of the city shall be appointed by the city council for such terms of office 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. (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 vote of three (3) members of the city council, or in the event of a tie vote, by the vote of two (2) members of the council and the affirmative vote of the Mayor, 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. (i) 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.

ADMINISTRATIVE OFFICERS SECTION 3.03. 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

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representation and defense of the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of the person's position as city attorney.

SECTION 3.04. City Clerk.

The city council shall 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 Manager. The City Clerk shall report to the City Manager.

PERSONNEL ADMINISTRATION SECTION 3.05.
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 3.06. 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 MUNICIPAL COURT
SECTION 4.01. Creation; Name.

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

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SECTION 4.02. Chief Judge; Associate Judge.

(a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless that person shall have attained the age of 21 years, shall be a member of the State Bar of Georgia and shall possess all qualifications required by law. All judges shall be appointed by the city council and shall serve until a successor is appointed and qualified. (c) Compensation of the judges shall be fixed by ordinance. (d) Judges serve at-will and may be removed from office at any time by the city council unless otherwise provided by ordinance. (e) Before assuming office, each judge shall take an oath, given by the mayor, that the judge will honestly and faithfully discharge the duties of the office to the best of that person's ability and without fear, favor or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.11.

SECTION 4.03. Convening.

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

SECTION 4.04. Jurisdiction; Powers.

(a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed two hundred dollars ($200.00) or ten (10) days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of One Thousand ($1000.00) dollars or imprisonment for six (6) months or both such fine and imprisonment, or may fix punishment by fine, imprisonment or alternative sentencing as now, or hereafter provided by state law for municipal courts within the State of Georgia. (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 as provided by 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

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charged with violations. Whenever any person shall give bail for that person's appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at such time, and an execution issued thereon by serving the defendant and the defendant's sureties with a rule nisi, at least two (2) days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city, or the property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments and sentences; and to administer such oaths as are necessary. (g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (h) Each judge of the municipal court shall be 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 4.05. Certiorari.

The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Haralson or Carroll County (depending upon the location of the offense which forms the substance upon which the decision and judgment appealed from was rendered) under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.

SECTION 4.06. Rules for Court.

With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; 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.

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ARTICLE V ELECTIONS AND REMOVAL
ELECTIONS A. General Law. SECTION 5.01. Applicability of General Law.

All primaries and elections shall be held and conducted in accordance with the Georgia Municipal Election Code (Title 21, Chapter 2 of the Official Code of Georgia Annotated) as now or hereafter amended.

B. Election of Officers. SECTION 5.02.
Election of the City Council and Mayor.

(a) There shall be a municipal general election biennially in the even numbered years on the Tuesday next following the first Monday in November. (b) There shall be elected the mayor and two (2) councilmembers at one election and at every other election thereafter. The remaining city council seats shall be filled at the election alternating with the first election so that a continuing body is created. Elections for the office of Mayor and for positions on the council designated as Seat Three and Seat Four shall be held on the same date and year as the election for the governor of the State of Georgia. Elections for positions on the council designated as Seat One and Seat Two shall be held two years thereafter.

SECTION 5.03. 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 5.04. Election by Plurality.

The person receiving a plurality of the votes cast for any city office shall be elected.

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C. Vacancies. SECTION 5.05. Special Elections; Vacancies.

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In the event that the office of mayor or councilmember shall become vacant as provided in Section 2.03 of this charter, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within 12 months of the expiration of the term of that office, the city council or those remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with the Georgia Municipal Election Code, Chapter 2 of Title 21 of the Official Code of Georgia Annotated, as now or hereafter amended.

D. Other Provisions. SECTION 5.06. 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 Municipal Election Code.

REMOVAL OF OFFICERS SECTION 5.07.
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 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:
(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 (10) 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 Haralson County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court. (2) By an order of the Superior Court of Haralson County following a hearing on a complaint seeking such removal brought by a minimum of five (5) residents of the city.

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ARTICLE VI FINANCE
GENERALLY TAXATION AND VARIOUS FEES
A. Property Taxes. SECTION 6.01. Property Tax.

The city council may 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 within which the property is situate. 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 6.02. Millage Rate; Due Dates; Payment Methods.

The city council, by ordinance, shall establish a millage rate for the city property tax, a due date, and 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.

B. Occupation Taxes and Regulatory Fees. SECTION 6.03.
Occupation and Business Taxes.

The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. The city council may classify businesses, occupations or professions for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.09.

SECTION 6.04. 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 6.09.

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SECTION 6.05. Franchises.

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(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 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, as permitted or regulated by state law, to impose a tax on gross receipts for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies and other similar organizations.

SECTION 6.06. Service Charges.

The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, 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 6.09.

SECTION 6.07. Special Assessments.

The city council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.09.

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SECTION 6.08. Construction; Other Taxes and Fees.

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

C. Collection of Delinquent Taxes. SECTION 6.09.
Collection of Delinquent Taxes and Fees.

The city council, by ordinance, may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.01 through 6.08 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; refusal to issue city permits or revocation of city permits for failure to pay any city taxes or fees; and providing for the assignment or transfer of tax executions.

BORROWING SECTION 6.10. General Obligation Bonds.

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

SECTION 6.11. Revenue Bonds.

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

SECTION 6.12. 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.

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SECTION 6.13. Lease-Purchase Contracts.

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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 section 36-60-13 of the Official Code of Georgia Annotated, or other such applicable laws as are or may hereafter be enacted.

ACCOUNTING AND BUDGETING SECTION 6.14. Fiscal Year.

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

SECTION 6.15. Preparation of Budgets.

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

SECTION 6.16. Submission of Operating Budget to City Council.

On or before a date fixed by the city council but not later than forty-five (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 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.

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SECTION 6.17. 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 the last day of the month prior to the beginning of a new 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 fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.15. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotment thereof, to which it is chargeable.

SECTION 6.18. 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 6.19. 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.

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SECTION 6.20. Capital Budget.

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(a) On or before the date fixed by the city council but no later than forty-five (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 building, structure, work or improvement, unless the appropriations for such project are included in the capital budget, except to meet a public emergency as provided in Section 2.15. (b) The city council shall adopt by resolution or ordinance the final capital budget for the ensuing fiscal year not later than the last day of the month prior to the beginning of a new fiscal year. No appropriation provided for in a prior capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the mayor or the city manager may submit amendments to the capital budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance.

SECTION 6.21. 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.

PROCUREMENT AND PROPERTY MANAGEMENT SECTION 6.22.
Contracting Procedures.

Except in an emergency situation, no contract with the city in excess of fifty thousand ($50,000) Dollars, shall be binding on the city unless:
(a) it is in writing; (b) 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 (c) it is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 2.11, provided however, in the event of

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an emergency, the contract may be submitted to the City Council at the next regularly scheduled meeting of Mayor and Council for review and ratification.

SECTION 6.23. Centralized Purchasing.

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

SECTION 6.24. Sale and Lease of City Property.

(a) The city council may sell and convey, or lease any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the city manager and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (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 INDEPENDENT CITY SCHOOL SYSTEM
SECTION 7.01. Acknowledgment of Establishment of Bremen Public School System and Authority to
Continue and Maintain the Bremen Public School System.

(a) Be it acknowledged that pursuant to the authority granted to the mayor and council of the city under the provisions of the Charter of 1907 Ga. Laws page 475, Section 6 with subsequent ratification by an affirmative vote in excess of two-thirds of the qualified voters of the city, the City of Bremen has heretofore established an independent public school

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system for the City of Bremen and organized a school board for the governance of said school system, known as the Bremen Public School System. (See, 1907 Ga. Laws, page 475, Section 6) (b) Be it further acknowledged that Article VIII, Section V, paragraph I of the Constitution of this State authorizes and empowers the City to continue the Bremen Public School System as an independent school system whose borders are the same as the City of Bremen. (c) Be it further acknowledged that the independent school system known as the Bremen Public School System has continued to operate and has not ceased in its functions and duties since its creation. (d) Be it enacted by the authority aforesaid that the Board of Education of the City of Bremen is hereby authorized and empowered, and the sole authority is granted to the Board of Education to continue to, maintain and control the Bremen Public School System, as an independent public school system in the city, through local taxation and other means of support as permitted by Georgia law and in conformity with and as permitted by Article VIII, Section V, paragraph I of the Constitution of this State.

SECTION 7.02. Qualification of Members; Terms; and Election of Board of Education.

The Board of Education of the City of Bremen shall consist of five members elected by city wide-at large elections. Each duly elected board member will occupy a seat on the Board designated as post #1, post #2, post #3, post #4 and post #5, respectively of the Board of Education of the City of Bremen. The members of the board of education shall serve for terms of 4 years and until their respective successors are elected and qualified. No person shall be eligible to serve as a member of the board unless that person shall be a citizen of the United States of America; have attained the age of 21 years; and have established his or her domicile within the city, so as to be a legal resident of the city, for the 12 consecutive months prior to the first day of the period of time set for qualification as a candidate for the office of board member. A duly elected member shall continue to reside within the city during that individual's period of service and shall continue to be registered and qualified to vote in municipal elections of this city. Anyone seeking election to the board of education of said city shall designate the particular post for which he seeks to be elected and the person receiving a plurality of the votes cast for such post shall be elected. The members of the board of education presently serving in office shall continue to serve out their respective terms of office. Thereafter, successors to such education posts shall be elected at the November election in the year that the terms of office expire for a four-year term beginning on January 1 immediately following such election. The Board of Education and the election of the members of the Board of Education of the Bremen Public School System shall be governed by all applicable Local Acts and applicable state law.

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SECTION 7.03. Organization of Board of Education.

Be it further enacted by the authority aforesaid, that the officers of said board of education shall be as provided by law and the policies of the Board of Education.

SECTION 7.04. Powers of Board of Education.

Be it further enacted by the authority aforesaid, the Board of Education of the Bremen Public School System is hereby vested with the authority and power provided for in the Georgia Constitution and any applicable Local Acts and state law applicable to both county and independent school districts.

SECTION 7.05. Duties of Board of Education.

Be it further enacted by the authority aforesaid, that said board of education shall faithfully perform the duties prescribed under the Local Acts and under any applicable state law. In addition thereto the Board of Education shall:
(a) Annually make, through its treasurer, a report to the mayor and council of the city, with a full itemized statement of all the moneys received and expended by said board, and present vouchers and receipts therefor as may be requested by the mayor and council. This report shall contain an estimate of the amount of funds required for the proper conduct of said school for the ensuing year; and, (b) Form and participate in a joint committee between the board and the mayor and council of the city of such members as the board of education and the city council shall agree. The committee shall meet at least twice annually in order to review the financial status of both governmental agencies, to examine the amount of taxes levied by both agencies and the tax burden on business and property owners, to consider tax exceptions and to otherwise review the tax burden on its citizens, and to make appropriate recommendations to the board and council as to these matters.

SECTION 7.06. Superintendent; Appointment; Qualifications; Compensation.

The Board of Education shall employ a Superintendent for a definite term, as permitted by state law, and shall fix the Superintendent's compensation.

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SECTION 7.07. Superintendent; Method of Hiring and Removal.

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The board of education is empowered to enter into a contractual agreement with a candidate for Superintendent of the system upon terms and conditions mutually agreeable to the board and the candidate for Superintendent.

SECTION 7.08. Powers and Duties of the Superintendent.

The Superintendent shall be the chief administrative officer of the Bremen Public School System. The Superintendent shall be responsible to the board for the administration of all school system affairs placed in the Superintendent's charge by or under this charter. As the chief administrative officer of the school system, the superintendent shall faithfully perform the duties prescribed by the Board and by all applicable state laws and by contract with the Board of Education.

SECTION 7.09. Board of Education Interference with Administration.

Except for the purpose of inquiries and investigations of the actions of the Superintendent, the school board and its members shall deal with teachers, staff, and employees of the school system who are subject to the direction and supervision of the Superintendent solely through the superintendent, and neither the board of education nor its members shall give orders to any such officer or employee, either publicly or privately.

SECTION 7.10. Title to and Control of School Property.

Be it further enacted by the authority aforesaid, that said board of education is authorized and empowered to receive, hold, apply, sell or expend any donation, gift or bequest of property of any kind, real or personal, made to said board or to said city for school purposes, for the benefit of the Bremen Public School System. Title to all property utilized or occupied by the Bremen Public School System or the Board of Education of the City of Bremen for school purposes shall be vested in the Board of Education of the City of Bremen and the board of education shall have the power to hold, manage, control and dispose of such property.

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SECTION 7.11. Compensation of school board.

Be it further enacted by the authority aforesaid, that no officer of said board shall have any compensation for his services except the treasurer, whose compensation shall be fixed by the board of education prior to his election and qualification. Subject to the approval of the board, board members may be entitled to receive appropriate per diem, insurance and expenses as provided by O.C.G.A. Section 20-2-55, as amended.

SECTION 7.12. Accounting and payment of school taxes to board of education.

All taxes collected by the City of Bremen for or on behalf of the Bremen City Schools shall be accounted for and paid over to the board of education of the Bremen City Schools on a monthly basis. An accounting of the taxes collected each month shall be made available to the Board upon request. The Board of Education and the City Council by intergovernmental agreement shall prorate the cost of collecting ad valorem taxes levied for the operation of city government and the operation of the Bremen Public School System.

SECTION 7.13. School tuition.

Be it further enacted by the authority aforesaid, that all students within the age range established by state law who are bona fide residents of the City of Bremen shall be entitled to the benefits of the school system, and no such child or children shall be required to pay any tuition for such course of study as is now provided by law in the public schools of the several counties of this State, but the board of education may, in their discretion, require children living outside of the limits of said city to pay tuition for educational benefits afforded to them for and during the school term at a fee to be established on an annual basis by the Board of Education. All such tuition shall become a part of the fund for the maintenance of said public school system, and must be used and accounted for as shall likewise any other fee.

SECTION 7.14. Funds as Trust Funds.

Be it further enacted by the authority aforesaid, that all assessments of taxes and all funds arising from or collected under this Act shall be by the City of Bremen kept separate and distinct from other assessments and collections of the City of Bremen, and are to be used solely for the purposes herein designated, and the City of Bremen shall keep a separate, full and distinct itemized account showing all moneys raised, when, how, and from whom and

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for what purposes and the disposition of the same; and to whom, when and for what purposes paid out.

ARTICLE VIII GENERAL PROVISIONS BONDS FOR OFFICIALS
SECTION 8.01. 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 8.02. 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 8.03. Existing Personnel and Officers.

Except as specifically provided otherwise by this charter, all personnel and officers of the city and their rights, privileges and powers shall continue beyond the time this charter takes effect for a period of ninety (90) 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 8.04. Pending Matters.

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

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SECTION 8.05. Construction.

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

SECTION 8.06. 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 8.07. Repealer.

An Act incorporating the City of Bremen in the Counties of Haralson and Carroll approved the 30th day of December 1898 (Ga. L. 1898, Vol. 1, Page 136), 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 8.08. Effective Date.

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

SECTION 8.09. General Repealer.

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

GEORGIA LAWS 2010 SESSION NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

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Notice is given that there will be introduced at the regular 2009 session of the General Assembly of Georgia a bill to provide a new charter for the City of Bremen, and for other purposes.

This 29th day of December, 2008.

Representative Mark Butler 18th District

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mark Butler, who on oath deposes and says that he is the Representative from District 18 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Gateway-Beacon which is the official organ of Haralson County on January 14, 2009, 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 20th day of January, 2009.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)

Approved June 2, 2010.

__________

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

No. 599 (House Bill No. 1505).

AN ACT

To provide a new charter for the City of Waco; to provide for incorporation, boundaries, and powers of the city within the County of Haralson; 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 a city attorney, a city clerk, and other personnel; to provide for rules and regulations; to provide for practices and procedures; to provide for taxation and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for the sale of property; to provide for bonds for officials; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

ARTICLE I INCORPORATION AND POWERS
SECTION 1.01. Name.

This city and the inhabitants thereof are reincorporated by the enactment of this charter and are hereby constituted and declared a body politic and corporate under the name and style "Waco, Georgia", and by that name shall have perpetual succession.

SECTION 1.02. Corporate boundaries.

(a) The boundaries of this city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The boundaries of this city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the Clerk

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of the City of Waco and to be designated, as the case may be: "Official Map of the Corporate Limits of the City of Waco, 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 1.03. 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 the State of Georgia 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 1.04. Examples of powers.

The powers of the city shall include, but are not limited to, the power: (1) Animal regulations. To regulate and license or to prohibit the keeping or running at-large of animals and fowl, and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder; (2) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (3) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades; (4) Business regulation and taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A., or 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;

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(5) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted; (6) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (7) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or without the city, and to make and carry out all 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 this state through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (9) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business 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; (11) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city, and to provide for the enforcement of such standards; (12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (13) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (14) Jail sentences. To provide that persons given jail sentences in the 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;

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

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for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted; (27) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (28) Public transportation. To organize and operate such public transportation systems as are deemed beneficial and economically feasible; (29) Public utilities and services. To grant franchises or make contracts for, or impose taxes on public utilities and public service companies; and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Georgia Public Service Commission; (30) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads, within the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (31) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (32) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to grant franchises and rights of way throughout the streets and roads, and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands, and to impose penalties for failure to do so; (33) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system, and to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system; (34) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse, and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials, and to provide for the sale of such items; (35) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use and sale of firearms in accordance with state law and the Second Amendment to the United States Constitution; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business

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or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, adult entertainment establishments, and massage parlors; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (37) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (38) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; (39) Taxicabs and other public transportation. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (40) Urban redevelopment. To organize and operate an urban redevelopment program; and (41) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated 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 1.05. 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.

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ARTICLE II GOVERNMENT STRUCTURE
GENERALLY LEGISLATIVE BRANCH
A. Creation. SECTION 2.01. City council creation; number; election.

The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and four councilmembers. The councilmembers shall be elected by city-wide, at large elections. Each duly elected councilmember will occupy a seat on the council to be designated as Post One, Post Two, Post Three, and Post Four, respectively. 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.

B. Terms and Qualifications for Office. SECTION 2.02.
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 a councilmember unless that person shall be a citizen of the United States of America; have attained the age of 21 years; and have established his or her domicile within the city, so as to be a legal resident of the city, for the 12 consecutive months prior to the first day of the period of time set for qualification as a candidate for the office of councilmember. A duly elected councilmember shall continue to reside within the city during that individual's period of service and shall continue to be registered and qualified to vote in municipal elections of this city.

C. Vacancies in Office. SECTION 2.03.
Vacancy; filling of vacancies.

(a) Vacancies - The office of mayor or councilmember shall become vacant upon the occurrence of any event specified by the Constitution of the State of Georgia, Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted. (b) 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 of the city council if less than 12 months remains in the unexpired term, otherwise by an election, as provided for in

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Section 4.04 of this charter and in accordance with Titles 21 and 45 of the O.C.G.A., or other such laws as are or may hereafter be enacted.

D. Compensation and Expenses. SECTION 2.04.
Compensation and expenses.

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

E. Prohibitions. SECTION 2.05. Conflicts of interest; holding other offices.

(a) Elected and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. (b) Conflict of Interest - No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction, or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of that person's official duties or which would tend to impair the independence of the official's judgment or action in the performance of those official duties; (2) Engage in or accept private employment, or render services for private interests when such employment or service is incompatible with the proper discharge of that person's official duties or would tend to impair the independence of the official's judgment or action in the performance of those official duties; (3) Disclose confidential information, including information obtained at meetings which are closed pursuant to Chapter 14 of Title 50 of the O.C.G.A., concerning the property, government, or affairs of the governmental body by which the official is engaged without proper legal authorization; or use such information to advance the financial or other private interest of the official or others; (4) Accept any valuable gift, as defined by state law, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation which to the official's knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which the official is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote on any contract with any business or entity in which the official has a significant financial interest.

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(c) Disclosure - Any elected official, appointed officer, or employee who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such interest to the city council. The mayor or any councilmember who has a financial interest in any matter pending before the city council shall disclose such interest and such disclosure shall be entered on the records of the city council, and that official shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such interest to the governing body of such agency or entity. (d) Use of Public Property - No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (e) Contracts Voidable and Rescindable - Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council. (f) Ineligibility of Elected Official - Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or compensated appointive office in the city during the term for which that official was elected. (g) Political Activities of Councilmember and Certain Officers and Employees -
(1) No councilmember or appointive officer of the city shall continue in such position or employment upon qualifying as a candidate for nomination or election to any public office. This section shall not apply to a councilmember that qualifies as an incumbent seeking reelection to his or her seat on the council. (2) 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 council either immediately upon election or at any time such conflict may arise. (h) Penalties for Violation (1) Any city officer or employee shown to have knowingly concealed such financial interest or knowingly violated any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited that person's office or position. (2) Any officer or employee of the city who shall forfeit an office or position as described in paragraph (1) of this subsection shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter.

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F. Inquiries and Investigations. SECTION 2.06.
Inquiries and investigations.

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Following the adoption of an authorizing resolution, the city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof, and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as provided by ordinance. This provision is intended to allow the council to conduct comprehensive investigations of the city's affairs as well as the conduct of any of its departments, offices, or agencies so as to maintain proper legislative oversight of city government. The inquiries and investigations authorized may only be conducted by the council, not individual councilmembers, and only for the purposes of an official investigation.

G. General Power and Authority. SECTION 2.07.
General power and authority of the city council.

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

H. Reserved SECTION 2.08.
Reserved.

ORGANIZATION AND PROCEDURES I. Meetings.
SECTION 2.09. Organization.

(a) The city council shall hold an organizational meeting at the first regular meeting in the first full month following the passage and adoption of this charter; provided, however, that the mayor and councilmembers in office at the time of adoption of this charter shall continue in office until that date. The meeting shall be called to order by the city clerk and the oath of office shall be administered to any and all newly elected members as follows:
"I do solemnly swear (or 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."

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(b) By a majority vote, the city council shall elect a councilmember to serve as mayor pro tem. During the absence or physical or mental disability of the mayor for any cause, the mayor pro tem 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 the city council. The mayor pro tem shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest as provided in Section 2.05 of this charter.

SECTION 2.10. Regular and special meetings.

(a) The city council shall hold regular meetings at such times and places as shall be prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or two members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 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 Code Section 50-14-1 of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted.

J. Procedures. SECTION 2.11. Rules of procedure.

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

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SECTION 2.12. Quorum: voting.

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Three councilmembers, or two councilmembers and the mayor, shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three councilmembers, or two councilmembers and the mayor only when the mayor has been counted as a member for purposes of a quorum, shall be required for the adoption of any ordinance, resolution, or motion. An abstention shall be counted as an affirmative vote.

K. Ordinances. SECTION 2.13. Ordinance form; procedures.

(a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "It is hereby ordained by the governing authority of the City of Waco" and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, that an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided in Section 2.15 of this charter. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate.

SECTION 2.14. Action requiring an ordinance.

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

SECTION 2.15. Emergencies, emergency ordinances, procedures, and limitations.

(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

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borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists, and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least three councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. (b) Such meetings shall be open to the public to the extent required by law and notice to the public of emergency meetings shall be made as fully as is reasonably possible in accordance with Code Section 50-14-1 of the O.C.G.A., as amended, or such other applicable laws as are or may hereafter be enacted.

SECTION 2.16. 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 Section 2.17(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 clerk pursuant to Section 2.17 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for inspection by the public.

SECTION 2.17. Signing; authenticating; recording; codification; printing.

(a) The clerk shall authenticate by the clerk's signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the council. (b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations

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

L. Mayor-Council Form of Government. SECTION 2.18.
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. No person shall be eligible to serve as mayor unless that person shall be a citizen of the United States of America; have attained the age of 21 years; and have established his or her domicile within the city, so as to be a legal resident of the city, for the 12 consecutive months prior to the first day of the period of time set for qualification as a candidate for the office of mayor. A duly elected mayor shall continue to reside within the city during that individual's period of service and shall continue to be registered and qualified to vote in municipal elections of this city. The mayor shall forfeit the office on the same grounds and under the same procedure as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers.

SECTION 2.19. Powers and duties of mayor.

The mayor shall: (1) Preside at all meetings of the city council; (2) Be the chief executive officer and head of the city for the purpose of service of process and for ceremonial purposes, and be the official spokesperson for the city and the chief advocate of policy; (3) Have power to administer oaths and to take affidavits; (4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, and other instruments executed by the city which by law, this charter, or city ordinances are required to be approved by the city council and to be in writing;

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(5) Represent the city in intergovernmental relations; (6) Appoint members of citizen advisory boards and commissions with the advice and consent of the council, and make recommendations to the city council concerning the appointment of members of regulatory agencies, boards, or authorities whose members are subject to appointment and approval by the city council; (7) Present an annual state of the city message; (8) Recommend to the city council such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as the mayor may deem expedient; (9) Call special meetings of the city council as provided for in Section 2.10(b) of this charter; (10) Approve or disapprove ordinances as provided in Section 2.20 of this charter; (11) Provide for an annual audit of all accounts of the city; (12) Require any department or agency of the city to submit written reports whenever the mayor deems it expedient; and (13) Fulfill such other executive and administrative duties as the city council shall by ordinance establish, or as may be required by law, this charter, or by ordinance.

SECTION 2.20. Submission of ordinances to the mayor; veto power.

(a) Every ordinance adopted by the city council shall be presented promptly by the clerk to the mayor. (b) The mayor, within ten calendar days of receipt of an ordinance, shall return it to the clerk with or without the mayor's approval, or with the mayor's disapproval. If the ordinance has been approved by the mayor, it shall become law upon its return to the clerk; if the ordinance is neither approved nor disapproved, it shall become law at 12:00 Noon on the tenth calendar day after its adoption; if the ordinance is disapproved, the mayor shall submit to the city council through the clerk a written statement of reasons for the veto. The clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor. (c) Ordinances vetoed by the mayor shall be presented by the clerk to the city council at its next meeting. If the city council then or at its next meeting adopts the ordinance by an affirmative vote of three members, it shall become law. (d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the city council over the mayor's veto as provided herein. The reduced part or parts shall be presented to city council as though disapproved and shall not become law unless overridden by the council as provided in subsection (c) of this section.

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SECTION 2.21. Limitation on terms of service.

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There shall be no limitation on the terms of election for a mayor or a member of the council.

ARTICLE III ADMINISTRATIVE AFFAIRS ORGANIZATIONAL AND GENERAL PROVISIONS
SECTION 3.01. 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 as set out in the duly adopted budget for the fiscal year. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor, be responsible for the administration and direction of the affairs and operations of that director's department or agency. (e) All appointive officers and directors under the supervision of the mayor 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 mayor unless otherwise provided by law or ordinance.

SECTION 3.02. Boards, commissions, and authorities.

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

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(c) The city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city, unless approved by the city council. (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 that person has executed and filed with the clerk of the city an oath obligating himself or herself to faithfully and impartially perform the duties of that member's office, such oath to be prescribed by ordinance and administered by the mayor. (g) All board members serve at will and may be removed at any time by a vote of three members of the city council, or in the event of a tie vote, by the vote of two members of the council and the affirmative vote of the mayor, 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. (i) 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.

ADMINISTRATIVE OFFICERS SECTION 3.03. City attorney.

The mayor and 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.

GEORGIA LAWS 2010 SESSION
PERSONNEL ADMINISTRATION SECTION 3.04.
Position classification and pay plans.

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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 3.05. Personnel policies.

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

ARTICLE IV ELECTIONS AND REMOVAL
ELECTIONS A. General Law. SECTION 4.01. 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.

B. Election of Officers. SECTION 4.02.
Election of the city council and mayor.

(a) There shall be a municipal general election biennially in the odd years on the Tuesday next following the first Monday in November. (b) In order to provide for staggered terms of office, the term of office for the candidates for mayor and all councilmembers elected at the November, 2011, election only shall be as follows: the office of mayor and the positions on the council designated as Post Two (Treasurer) and Post Three (Streets and Roads) shall be for a four-year period. The remaining elected councilmembers, Post One (City Clerk) and Post Four (Water and Sewer), shall be for an initial period of two years. On the Tuesday next following the first Monday in November, 2013, Post One and Post Four shall be up for election and serve a four-year term. All terms thereafter shall be for four years.

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SECTION 4.03. Nonpartisan elections.

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

SECTION 4.04. Election by plurality.

The person receiving a plurality of the votes cast for any city office shall be elected, so long as the candidate receiving the most votes shall receive more than 40 percent of the votes cast in the election. In the event no candidate receives more than 40 percent of the votes cast, a special runoff election shall be called and held in accordance with provisions for notice, time, and elections procedures for runoff elections as established by Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.

C. Vacancies. SECTION 4.05. Special elections; vacancies.

In the event that the office of mayor or councilmember shall become vacant as provided in Section 2.03 of this charter, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, 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.

D. Other Provisions. SECTION 4.06. 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," as now or hereafter amended.

GEORGIA LAWS 2010 SESSION
REMOVAL OF OFFICERS SECTION 4.07.
Removal of officers.

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

ARTICLE V FINANCE GENERALLY TAXATION AND VARIOUS FEES A. Property Taxes. SECTION 5.01. Property tax.

The city council may 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 within which the property is situate. 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 5.02. Millage Rate; due dates; payment methods.

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

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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.

B. Occupation Taxes and Regulatory Fees. SECTION 5.03.
Occupation and business taxes.

The city council, by ordinance, shall have the power to levy such occupation or business taxes as are not denied by law. The city council may classify businesses, occupations, or professions for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 5.09 of this charter.

SECTION 5.04. 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 5.09 of this charter.

SECTION 5.05. Franchises.

(a) The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, 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, as permitted or regulated by state law, to impose a tax on gross receipts for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations.

GEORGIA LAWS 2010 SESSION
SECTION 5.06. Service charges.

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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 5.09 of this charter.

SECTION 5.07. Special assessments.

The city council, by ordinance, shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 5.09 of this charter.

SECTION 5.08. Construction; other taxes and fees.

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

C. Collection of Delinquent Taxes. SECTION 5.09.
Collection of delinquent taxes and fees.

The city council, by ordinance, may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 5.01 through 5.08 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi.fa.'s; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; refusal to issue city permits or revocation of city permits for failure to pay any city taxes or fees; and providing for the assignment or transfer of tax executions.

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BORROWING SECTION 5.10. General obligation bonds.

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

SECTION 5.11. Revenue bonds.

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

SECTION 5.12. 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 5.13. 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.

ACCOUNTING AND BUDGETING SECTION 5.14. Fiscal year.

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

GEORGIA LAWS 2010 SESSION
SECTION 5.15. Preparation of budgets.

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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 5.16. Submission of operating budget to city council.

On or before a date fixed by the mayor and city council but not later than 45 days prior to the beginning of each fiscal year, the treasurer 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 treasurer containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other pertinent comments and information. 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 5.17. Action by city council on budget.

(a) The city council may amend the operating budget proposed by the treasurer, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than the last day of the month prior to the beginning of a new 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 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 5.15 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

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

SECTION 5.18. 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 5.19. 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 5.20. 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 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 2.15 of this charter. (b) The city council shall adopt by resolution or ordinance the final capital budget for the ensuing fiscal year not later than the last day of the month prior to the beginning of a new fiscal year. No appropriation provided for in a prior capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, that the mayor may submit amendments to the capital budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance.

GEORGIA LAWS 2010 SESSION
SECTION 5.21. Independent audit.

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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.

PROCUREMENT AND PROPERTY MANAGEMENT SECTION 5.22.
Contracting procedures.

Except in an emergency situation, no contract with the city in excess of $15,000.00 shall be binding on the city unless:
(1) It is in writing; (2) It is drawn by or submitted and reviewed by the city attorney, and as a matter of course, is signed by the city attorney to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 2.11 of this charter; provided, however, that in the event of an emergency, the contract may be submitted to the city council at the next regularly scheduled meeting of mayor and city council for review and ratification.

SECTION 5.23. Centralized purchasing.

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

SECTION 5.24. Sale and lease of city property.

(a) The mayor and 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

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tract or boundary of land owned by the city, the city council may authorize the mayor to sell and convey said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the enjoyment of the highest and best use of the abutting owner's property. Included in the sales contract shall be a provision for the rights of way of said street, avenue, alley, or public place. Each abutting property owner shall be notified of the availability of the property and given the opportunity to purchase said property under such terms and conditions as set out by ordinance. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.

ARTICLE VI GENERAL PROVISIONS BONDS FOR OFFICIALS
SECTION 6.01. 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 6.02. 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 6.03. Existing personnel and officers.

Except as specifically provided otherwise by this charter, all personnel and officers of the city and their rights, privileges, and powers shall continue beyond the time this charter takes effect for a period of 90 days before or during which the existing city council shall pass a transition ordinance detailing the changes in personnel and appointive officers required or desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition.

GEORGIA LAWS 2010 SESSION
SECTION 6.04. Pending matters.

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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 6.05. Construction.

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

SECTION 6.06. 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 6.07. Repealer.

An Act incorporating the Town of Waco in the County of Haralson, approved August 16, 1915 (Ga. L.1915, p. 941), 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 6.08. Effective date.

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

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SECTION 6.09. General repealer.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2010 session of the General Assembly of Georgia a bill to provide a new charter for the City of Waco, Georgia, and for other purposes.
This 19th day of March, 2010.
Representative Mark Butler District 18
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mark Butler, who on oath deposes and says that he is the Representative from District 18 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Gateway-Beacon which is the official organ of Haralson County on March 25, 2010, 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 12th day of April 2010.
s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)
Approved June 2, 2010.

GEORGIA LAWS 2010 SESSION

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HENRY COUNTY BOARD OF COMMISSIONERS; REPEAL PROVISION REGARDING RESIGNATION IF STANDING FOR ELECTION TO OTHER PUBLIC OFFICE.

No. 600 (House Bill No. 1346).

AN ACT

To amend an Act amending an Act providing a new board of commissioners of Henry County, approved March 19, 1987 (Ga. L. 1987, p. 4464), so as to repeal a certain provision requiring board members to resign if standing for election to other public office; to provide that such provision should not be a part of an Act approved March 28, 1974 (Ga. L. 1974, p. 3680); to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act amending an Act providing a new board of commissioners of Henry County, approved March 19, 1987 (Ga. L. 1987, p. 4464), is amended by repealing in its entirety Section 2.1 so that such section shall not be a part of an Act approved March 28, 1974 (Ga. L. 1974, p. 3680).

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 2010 session of the General Assembly of Georgia a bill to amend an Act providing a new board of commissioners of Henry County, approved March 19, 1987 (Ga.L. 1987, p. 4464), so as to repeal a certain provision requiring Board members to resign if standing for election to other public office; to provide that such provision should not be a part of an Act approved March 28, 1974 (Ga. L. 1974; p. 3680); to repeal conflicting laws; and for other purposes.
Elizabeth (B.J.) Mathis, Chairman Henry County Board of Commissioners

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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 110 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Henry Daily Herald which is the official organ of Henry County on March 5, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

s/ JOHN LUNSFORD John Lunsford Representative, District 110

Sworn to and subscribed before me, this 9th day of March 2010.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)

Approved June 2, 2010.

__________

HENRY COUNTY REDEVELOPMENT POWERS; REFERENDUM.

No. 601 (House Bill No. 1347).

AN ACT

To authorize Henry 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:

GEORGIA LAWS 2010 SESSION

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SECTION 1. Henry 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 Henry 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 Henry 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 Henry County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Henry County for approval or rejection. The election superintendent shall conduct that election on a practicable date in 2010 authorized under subparagraph (c)(2)(B) of Code Section 21-2-540 of the O.C.G.A.; provided, however, that if conducting the election under this Act on earlier authorized dates is impracticable, then the election superintendent shall conduct the election under this Act on the date of the November, 2010, state-wide general election. The election superintendent shall issue the call and conduct such election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Henry County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which authorizes Henry County to exercise redevelopment powers under the 'Redevelopment Powers Law,' as it may
( ) NO be amended from time to time?"
All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become of full force and effect immediately. If Section 1 of this Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Henry County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

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

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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 in the regular session of the 2010 Georgia General Assembly local legislation authorizing Henry County to exercise all redevelopment powers under Article IX, Section II, Paragraph VII(b) of the Constitution of the State of Georgia and the Redevelopment Powers Law, upon approval of the qualified voters of Henry County voting in an election for that purpose; to provide an effective date; and for other purposes.
Elizabeth "BJ" Mathis, Chairman Henry County Board of Commissioners
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rahn Mayo, 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 Henry Daily Herald which is the official organ of Henry County on January 20, 2010, and that the notice requirements of Code Section 28-1-14 have been met.
s/ RAHN MAYO Rahn Mayo Representative, District 91
Sworn to and subscribed before me, this 10th day of March 2010.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved June 2, 2010.

GEORGIA LAWS 2010 SESSION
LUMPKIN COUNTY MAGISTRATE COURT; CLERK; MANNER OF APPOINTMENT.

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No. 602 (House Bill No. 1378).

AN ACT

To provide that the clerk of the Magistrate Court of Lumpkin County shall be appointed by and serve at the pleasure of the chief magistrate; to provide for related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. The clerk of the Magistrate Court of Lumpkin County shall be appointed by and serve at the pleasure of the chief magistrate.

SECTION 2. This Act shall become effective only if there is enacted into law at the 2010 session of the General Assembly a general law to provide that the General Assembly may at any time specify by local law who shall serve as clerk of magistrate court. If such a general law is so enacted, this Act shall become effective on the first day of the month following the month as of which both such general law and this Act have been approved by the Governor or have become 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 2010 session of the General Assembly of Georgia a bill to provide that the clerk of the Magistrate Court of Lumpkin County shall be appointed by and serve at the pleasure of the chief magistrate; to provide for related matters; to provide for a contingent effective date; to repeal conflicting laws; and for other purposes.
This 2nd day of February, 2010.
Representative Amos Amerson, District 9.

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A BILL TO BE ENTITLED AN ACT To provide that the clerk of the Magistrate Court of Lumpkin County shall be appointed by and serve at the pleasure of the chief magistrate; to provide for related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. The clerk of the Magistrate Court of Lumpkin County shall be appointed by and serve at the pleasure of the chief magistrate. SECTION 2. This Act shall become effective only if there is enacted into law at the 2010 session of the General Assembly a general law to provide that the General Assembly may at any time specify by local law who shall serve as clerk of magistrate court. If such a general law is so enacted, this Act shall become effective on the first day of the month following the month as of which both such general law and this act have been approved by the Governor or have become law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, 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 February 24, 2010, 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 8th day of March 2010.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)

Approved June 2, 2010.

GEORGIA LAWS 2010 SESSION CITY OF REMERTON NEW CHARTER.

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No. 603 (House Bill No. 1489).

AN ACT

To provide a new charter for the City of Remerton; 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, prohibition, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a city manager and certain duties, powers, and other matters relative thereto; 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, a city auditor, and other personnel and matters relating thereto; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof and other matters relative to those judges; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; to provide for elections; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for auditing, accounting, budgeting, and appropriations; to provide for city contracts and purchasing; to provide for the conveyance of property and interests therein; to provide for bonds for officials; to provide for prior ordinances, rules and regulations, pending matters, and existing personnel; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

ARTICLE I. INCORPORATION, POWERS, AND NAME
SECTION 1.10. Name.

The city and 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 Remerton, Georgia and by that name shall have perpetual succession.

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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 City Clerk and to be designated, as the case may be: "Official Map of the corporate limits of the City of Remerton, 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 city shall have the following powers: (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 or bodies of water within the corporate limits of the city. (2) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this charter. (3) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized

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by this charter and for any purpose for which a municipality is authorized by the laws of the state of Georgia; and to provide for the payment of expenses of the city. (4) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades. (5) Business regulation and taxation. To levy and to provide for collection of license fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for failure to pay any city taxes or fees. (6) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other applicable laws as are now or may hereafter be enacted. (7) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations. (8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or outside the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city. (9) Eminent domain. 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. (10) 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. (11) Fire regulations. To fix and establish fire districts and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof. (12) Garbage fees. To levy, fix assess, and collect 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

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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 collection such services charges. (13) 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. (14) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose. (15) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards. (16) Jail sentences. To provide that persons given jail sentences in the municipal court may work out such sentences in any public works or on the streets, roads, drains, and squares or 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. (17) 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. (18) 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. (19) 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 venue authorized by this charter or the laws of the State of Georgia. (20) 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. (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. (22) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, cable television and other telecommunications, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties and to provide for the withdrawal of service for refusal or failure to pay the same. (23) Telecommunications. To acquire, own, hold, lease, sell, resell, build, maintain, operate and contract with respect to a telecommunications system network in order to

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provide telecommunications services and other similar services, including cable television services (CATV), internet services; to establish and charge rates, fees, tolls and charges for the services, facilities or commodities furnished or made available by such undertaking; to interconnect its system or services or both with the systems or services of consumers and other providers, to use telecommunications to respond to community needs, encourage the development of information-based organizations in the City of Remerton, Georgia, to finance from time to time any such telecommunications systems through the issuance of revenue bonds as then permitted by the Constitution and laws of the State of Georgia; and to make any contract with respect to and furnish the services of any said systems to consumers within or outside the corporate limits of the city. (24) Nuisance. To define a nuisance and provide for its abatement whether on public or private property. (25) Penalties. To provide penalties for violation of any ordinance adopted pursuant to the authority of this charter and the laws of the State of Georgia. (26) Planning and zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and aesthetically pleasing community. (27) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a firefighting agency. (28) 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. (29) 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, sports, curative, corrective, detention, penal, and medical institutions, agencies, and facilities; and to provide any other public improvements, inside or outside the corporate limits of the city; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are now or may hereafter be enacted. (30) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances. (31) Public transportation. To organize and operate or contract for such public transportation systems as are deemed beneficial. (32) 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 Georgia Public Service Commission. (33) 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

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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. (34) Retirement. To provide and maintain a retirement plan for officers and employees of the city. (35) 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. (36) 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. (37) 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. (38) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale or transportation of intoxicating liquors or alcoholic beverages, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performers, exhibitors, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors. (39) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements. (40) Taxes: ad valorem. To levy and provide for assessment, valuation, revaluation, and collection of taxes on all property subject to taxation. (41) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law. (42) 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.

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(43) Urban redevelopment. To organize and operate an urban redevelopment program. (44) 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 execute all powers granted in this charter as fully and completely as if such powers were fully stated in this charter; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.

SECTION 1.14. 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 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.

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

The mayor and councilmembers shall be elected to four-year staggered terms of office and shall serve until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless:
(1) That person is a minimum of 21 years of age; (2) That person has been a resident of the city for one year prior to the date of being sworn in to office; and

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(3) That person is a registered and qualified voter of the city at the time of qualifying for office.

SECTION 2.12. Vacancy; filling of vacancies; suspensions.

(a) Vacancies. The office of mayor or councilmember shall become vacant upon such person's failing or ceasing to reside in the city or upon the occurrence of any event specified by the Constitution, Title 45 of the O.C.G.A., or such other applicable laws as are or may be hereafter 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 if less than 12 months remain in the unexpired term, otherwise by an election as provided for in Section 5.14 of this charter and Titles 21 and 45 of the O.C.G.A. or such other laws as are or may hereafter be enacted. Appointments made hereunder shall be by majority vote of the remaining members of the city council. (c) Suspension. Upon the suspension from the office of mayor or councilmember in any manner authorized by the general laws of the State of Georgia, the city council or those remaining shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and shall be filled for the remainder of the unexpired term, if any, as provided for in 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) Elected and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. (b) Conflict of interest. No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of that person's official duties or which would tend to impair the independence of that person's judgment or action in the performance of that person's official duties; (2) Engage in or accept private employment or render services for private interest when such employment or service is incompatible with the proper discharge of that person's

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official duties or would tend to impair the independence of that person's judgment or action in the performance of that person's official duties; (3) Disclose confidential information, including information obtained at meetings which are closed pursuant to Chapter 14 of Title 50 of the O.C.G.A., concerning the property, government, or affairs of the governmental body by which that person is engaged without proper legal authorization or use such information to advance the financial or other private interest of that person or others; (4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation which to that person's knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which that person is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (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 private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the city council. The mayor or any councilmember who has a private interest in any matter pending before the city council shall disclose such private interest and such disclosure shall be entered on the records of the city council, and that person shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity. (d) Use of public property. No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (e) Contracts voidable and rescindable. Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render such contract or sale voidable at the option of the city council. (f) Ineligibility of elected official. Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which that person was elected. No former councilmember and no former mayor shall hold any compensated appointive office in the city until one year after the expiration of the term for which that person was elected.

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(g) Political activities of certain officers and employees. No appointed officer and no employee of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. No employee of the city shall continue in such employment upon election to any public office in this city of 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 the city council either immediately upon election or at any time such conflict may arise. (h) Penalties for violation. 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. (i) Any officer or employee of the city who shall forfeit that person's office or position shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years hereafter.

SECTION 2.15. Inquiries and investigations.

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

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

(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 Remerton and may enforce such ordinances by imposing penalties for violation thereof.

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SECTION 2.17. Organizational meetings.

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

SECTION 2.18. 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 the 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 24 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be made as fully as is reasonably possible as provided by Code Section 50-14-1 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted.

SECTION 2.19. 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 city council and shall serve at the pleasure of the city council, all determined by majority vote of the city council.

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SECTION 2.20. Quorum; voting.

(a) Three councilmembers shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but councilmembers shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three councilmembers shall be required for the adoption of any ordinance, resolution, or motion. (b) 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. (c) In the case of a tie vote by council members, the mayor shall cast the deciding vote.

SECTION 2.21. Ordinance form; procedures.

(a) Every proposed ordinance should be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "It is hereby ordained by the governing authority of the City of Remerton..." and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and be read at a regular, special, or work meeting of the city council where an agenda applies. 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 2.23 of this charter. Upon introduction of any ordinance, the 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 clerk and at such other public places as the city council may designate.

SECTION 2.22. Action requiring an ordinance.

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

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SECTION 2.23. Emergencies.

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(a) To meet a public emergency affecting life, health, property, or public peace, the city council may convene on the call of the mayor, city manager, or three councilmembers and may promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least three councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, 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 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 adopting an ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that:
(1) The requirements of subsection (b) of Section 2.21 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) A copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the city clerk pursuant to Section 2.25 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.

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SECTION 2.25. Signing; authenticating; recording; codification; printing.

(a) The clerk shall authenticate by the clerk's signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the city council. (b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as "The Code of the City of Remerton, 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 as soon as practicable following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.

SECTION 2.26. City manager; appointment; qualifications; compensation.

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

SECTION 2.27. 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. The city manager shall:
(1) Appoint and, when the city manager deems it necessary for the good of the city, suspend or remove all city employees and administrative officers the city manager appoints; provided, however, any department head suspended or removed by the city manager shall have the right to appeal said suspension or removal in accordance with Section 3.10 of this charter. The city manager may authorize any administrative officer

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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, office and agencies of the city, except as otherwise provided by this charter or by law; (3) Attend all city council meetings except for closed meetings held for the purposes of deliberating on the appointment, discipline or removal of the city manager and have the right to take part in discussion but not vote; (4) See that all laws, provisions of this charter, and acts of the city council, subject to enforcement by the city manager or by officers subject to the city manager's direction and supervision, are faithfully executed; (5) Prepare and submit the annual operating budget and capital budget to the city council; (6) Submit to the city council and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year; (7) Make such other reports as the city council may require concerning the operations of the city departments, offices, and agencies subject to the city manager's direction and supervision; (8) Keep the city council fully advised as to the financial condition and future needs of the city, and make such recommendations to the city council concerning the affairs of the city as the city manager deems desirable; (9) Notwithstanding the powers and duties enumerated in this Section, specifically excepted from the powers and duties of the city manager is the power and duty to direct, supervise, or oversee, in any fashion, the administration of the police department of the City of Remerton, which shall, in all respects, be governed by the chief of police, under the direction and supervision of the city council. The chief of police shall be appointed by the city council from time to time and shall be removed pursuant to the same procedure for removal of the city manager under Section 2.28 of this charter; and (10) Perform other such duties as are specified in this charter or as may be required by the city council.

SECTION 2.28. Removal of city manager.

The city council may remove the city manager from office or otherwise terminate the city manager's employment at will for any reason or for no reason at all, provided that the city council shall provide the city manager written notice of its decision to remove or terminate the city manager at least ten days in advance of the date set for removal or termination. The city council may suspend the city manager, with or without pay, simultaneous with its decision until the removal or termination date.

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SECTION 2.29. Acting city manager.

The mayor shall exercise the powers and perform the duties of city manager: (1) Upon the removal of the city manager pursuant to Section 2.28 of this charter; or (2) During the city manager's temporary absence or disability.
During such period of removal or absence or disability, the city council may revoke the mayor's authority to act as city manager, upon the vote of at least three councilmembers, and appoint another officer of the city to serve as acting city manager until a new city manager is appointed or until the city manager shall return or the city manager's disability shall cease.

SECTION 2.30. Council's interaction with administration.

Except for the purpose of inquiries and investigations under Section 2.15 of this charter, neither the city council nor its individual members shall give orders or instructions to any city officer or employee who is subject to and subordinate to the direction and supervision of the city manager. The mayor and each individual council member may inquire and seek information from any city officer or employee at any time, but all orders and instructions to city officers and city employees from the mayor and council shall be directed to the city manager.

SECTION 2.31. Election of Mayor; qualifications; 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 is subject to the same qualifications of councilmembers as set forth in Section 2.11 of this charter. The mayor shall forfeit that 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 councilmembers.

SECTION 2.32. Powers and duties of mayor.

The mayor shall: (1) Preside at all meetings of the city council, but the mayor shall have a vote only in the case of a tie vote by council members; (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;

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(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) Serve as acting city manager under the terms and conditions as specified in Section 2.29 of this charter.

SECTION 2.33. 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 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 tempore 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 tempore shall continue to have only one vote as a member of the council.

ARTICLE III ADMINISTRATIVE AFFAIRS
SECTION 3.10. Administrative and service departments.

(a) Except as otherwise provided in this charter, the city council by ordinance shall prescribe the functions or duties and establish, abolish, alter, consolidate, or leave vacant all nonelective offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers and directors of departments shall receive such compensation as prescribed by the budget resolution or ordinance establishing position classifications and pay plans. (d) There shall be a director or department head of each department or agency who shall be its principal officer. Each director or department head shall, subject to the direction and supervision of the city manager or the city council, as the case may be, be responsible for the administration and direction of the affairs and operations of that director or department head's department or agency. (e) A director or department head removed or suspended by the city manager pursuant to Section 2.27 of this charter shall have the right to appeal said suspension or removal by filing with the city council an appeal, in writing, fully stating the reasons for said appeal, no later than 15 days after the date such suspension or removal is to take effect. If the appeal is

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timely filed, the city council shall have 15 days after the date of filing to consider the appeal and set a hearing, which shall be open to the public and presided over by the city attorney; provided, however, the hearing shall in no event be set later than 30 days after the date such suspension or removal is to take effect. The city council shall have 15 days following the hearing to make a final determination. Any director or department head who appeals pursuant to this section is determined to be suspended with pay.

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. The city council may also by ordinance provide for liability coverage for all members of any board, commission, or authority while such members are conducting official business of the city. (d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed in this charter for original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until that person has executed and filed with the clerk of the city an oath obligating that person to perform faithfully and impartially the duties of that person's office; such oath shall be prescribed by ordinance and administered by the mayor. (g) Any member of a board, commission, or authority may be removed from office at will by a majority vote of the 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 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

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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 service 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 judge of the municipal court or may be the prosecuting officer in the municipal courts, but may not be both; shall attend the meetings of the city council as directed; shall advise the city council and other officers and employees of the city concerning legal aspects of the city's affairs; shall administer the oath of office to each member of the city council, including the mayor; shall draft or review every ordinance submitted to the city council and, as a matter of course, shall sign each such ordinance indicating such drafting or review; and shall perform such other duties as may be required of the city attorney by virtue of such person's position as city attorney.

SECTION 3.13. City clerk.

The city manager shall appoint a city clerk who shall: (1) Be responsible for keeping and preserving the city seal and all records of the city council; (2) Attend all meetings of the city council and keep minutes of the proceeding at such meetings; (3) Perform such other duties as may be required by the city council or the city manager; and (4) Collect taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of this charter and the ordinances of the city and to enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes by the city.

SECTION 3.14. City auditor.

The city council may appoint a city auditor to perform the duties of an accountant.

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SECTION 3.15. 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, elected and appointed city officials are not city employees. The city manager, city attorney, and city auditor shall receive such compensation as provided by the city council which appoints them to their respective offices.

SECTION 3.16. Personnel policies.

All employees serve at will and may be removed from office at any time unless otherwise provided by ordinance. The city manager shall be responsible for the preparation of personnel policies which shall be submitted to the city council for approval. Personnel policies shall be adopted 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 rating thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) Such dismissal hearings as due process may require; and (5) Such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs.

ARTICLE IV JUDICIAL BRANCH
SECTION 4.10. Creation; name.

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

SECTION 4.11. Chief judge; associate judge.

(a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as shall be provided by ordinance.

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(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. 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 city clerk, that such judge will honestly and faithfully discharge the duties of the judge's office to the best of the judge's ability and without fear, favor, or partiality. The oath shall be entered in 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.

(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. The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 12 months or both, or may fix punishment by fine, imprisonment, or alternative sentencing, in the maximum amount as is now and hereafter provided by law. (c) The municipal court shall have authority to establish a schedule of fees to defray the cost of operations 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. (d) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before such court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charges with violations. Whenever any person shall give bail for that person's appearance and shall fail to appear at the time fixed for trial, that person's bond shall be forfeited by the judge presiding at such time and an execution issued thereon by serving the defendant and the defendant's sureties with a rule nisi at least two days before the 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

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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. (e) 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. (f) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served and executed by any officer as authorized by this charter or by law. (g) 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 Lowndes 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 municipal courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to such proceedings.

ARTICLE V ELECTIONS SECTION 5.10. Applicability of general law.

All primaries and elections shall be held and conducted in accordance with O.C.G.A. Section 21-2-1 et seq., the "Georgia Municipal Election Code," as now or hereafter amended.

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SECTION 5.11. Election of the city council and mayor.

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(a) There shall be a municipal general election held biennially in the odd years on the Tuesday next following the first Monday in November. (b) The mayor and five councilmembers elected at the general municipal election in November 2007, shall serve for and during the four-year terms for which they were elected and until their successors are elected and qualified. Of the five persons elected as councilmembers for terms beginning January 1, 2012, at the general municipal election in 2011, the three elected councilmembers who receive the least number of votes shall serve for terms of two years each and until their successors are elected and qualified; and the two other councilmembers and the mayor elected at the general municipal election in 2011 shall serve for terms of four years each and until their successors are elected and qualified; and all shall take office on the first day of January following their elections. Thereafter, all successors to the mayor and five councilmembers shall serve for terms of four years each and until their successors are elected and qualified, and all shall take office on the first day of January following their elections.

SECTION 5.12. Nonpartisan elections.

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

SECTION 5.13. Election by majority vote.

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

SECTION 5.14 Special elections; vacancies.

In the event that the office of mayor or councilmember shall become vacant for any cause whatsoever, the city council or a majority of those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however if such vacancy occurs within 12 months of the expiration of the term of that office, the city council or a majority of those members remaining shall appoint a successor for the remainder of the term. In all other aspects, the special election shall be held and conducted in accordance with O.C.G.A. Section 21-2-1 et seq., the "Georgia Municipal Election Code," as now or hereafter amended.

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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 O.C.G.A. Section 21-2-1 et seq., the "Georgia Municipal Election Code."

SECTION 5.16. Removal of officers.

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

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.

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

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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 voluntary payment of taxes prior to the time when due.

SECTION 6.12. Occupation and business taxes.

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

SECTION 6.13. Licenses; permits; fees.

The city council by ordinance shall have the power to require any individuals or corporations who transact business in this city to obtain a permit for such activity from the city and pay a regulatory fee for such permit as provided by general law. Such fees may reflect the total cost to the City of Remerton 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 companies, 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,

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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. Services charges.

The city council 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 Remerton of providing or making available such services. If unpaid, such charges shall be colleted as provided in Section 6.18 of this charter.

SECTION 6.16. Special Assessments.

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

SECTION 6.17. Construction; other taxes.

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.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.

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SECTION 6.19. General obligation bonds.

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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 or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venue for which they were issued.

SECTION 6.21. Short-term loans.

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

SECTION 6.22. Lease-purchase contracts.

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

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SECTION 6.24. Budget ordinance.

The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement plan, and a capital budget, including requirements as to the scope, content, and form of such budgets and plans. The city council shall also comply with the budgeting and auditing provisions of Chapter 81 of Title 36 of the O.C.G.A.

SECTION 6.25. Operating budget.

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

SECTION 6.26. Action by city council on budget.

(a) The councilmembers may amend the operating budget proposed by the city manager, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than May 15 of each year. If the city council fails to adopt the budget by said date, the amounts appropriated for operation of 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. (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

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

SECTION 6.27. Levy of taxes.

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

SECTION 6.28 Changes in appropriations.

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

SECTION 6.29. Capital improvements.

(a) On or before the date fixed by the city council, but not later than 30 days prior to the beginning of each fiscal year, the councilmembers shall consider a capital improvements plan with a recommended capital budget containing the means of financing the improvements proposed for the ensuing fiscal year. (b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than March 15 of each year. No appropriation provided for in a prior capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the city manager may submit amendments to the capital budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance.

SECTION 6.30. Audits.

There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be

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

SECTION 6.31. Contracts.

The city manager shall examine all proposed contracts to which the City of Remerton may be a party and shall prepare for the mayor's signature any contract authorized by the city council. No contract with the city shall be binding on the city unless:
(1) It is in writing; (2) It is drawn by or submitted and reviewed by the city attorney and, as a matter of course, is signed by the city attorney to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings.

SECTION 6.32. 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 property.

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

GEORGIA LAWS 2010 SESSION

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property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.

ARTICLE VII MISCELLANEOUS
SECTION 7.10. Bonds for officials.

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

SECTION 7.11. Prior ordinances.

All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent with this charter are declared valid and of full effect and force until amended or repealed by the city council.

SECTION 7.12. Existing personnel and officers.

Except as specifically provided otherwise by this charter, all personnel and officers of this city and their rights, privileges, and powers shall continue beyond the time this charter takes effect for a period of 90 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.

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SECTION 7.14. Definitions and construction.

(a) Section captions in this charter are informative only and shall not be considered as a part thereof. (b) The word "shall" is mandatory and the word "may" is permissive. (c) The singular shall include the plural the masculine shall include the feminine and vise versa. (d) Except as specifically provided otherwise by this charter, the terms "city council" and "councilmember" mean the members of the city council.

SECTION 7.15. Specific repealer.

An act incorporating the Town of Remerton, Georgia, approved May 17, 2004 (Ga. L. 2004 p. 4088), is repealed in it entirety.

SECTION 7.16. Effective date.

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

SECTION 7.17. General repealer.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the 2010 regular session of the General Assembly of Georgia, a bill to provide a new charter for the City of Remerton, and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Amy Carter, who on oath deposes and says that she is the Representative from District 175 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Valdosta Daily Times which is the official organ of

GEORGIA LAWS 2010 SESSION

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Lowndes County on March 30, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

s/ AMY CARTER Amy Carter Representative, District 175

Sworn to and subscribed before me, this 31st day of March 2010.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)

Approved June 2, 2010.

__________

LIBERTY COUNTY LIBERTY COUNTY INDUSTRIAL AUTHORITY; AUTHORIZE MEMBERS TO VOTE BY TELECOMMUNICATION.

No. 604 (House Bill No. 1476).

AN ACT

To amend an Act to create the Liberty County Industrial Authority, approved February 18, 1964 (Ga. L. 1964, p. 2110), as amended, so as to provide that certain members of such authority may vote by phone under certain circumstances; 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 to create the Liberty County Industrial Authority, approved February 18, 1964 (Ga. L. 1964, p. 2110), as amended, is amended by revising Section 7 as follows:

"SECTION 7. (a) A majority of members of the Authority shall constitute a quorum for the transaction of the ordinary business of the Authority. However, any action with respect to any project

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of the Authority shall be approved by not less than a majority vote of the total membership of the Authority. (b) Any member of the Authority who is not present for a vote on a matter before the Authority because he or she is away on official business for the state may cast his or her vote on such matter by telecommunication. Any member of the Authority who will be away on official state business while the Authority is scheduled to meet shall provide the Authority with written notice that he or she will not be present for such meeting and with contact information regarding how he or she can be reached during such meeting. It shall be the duty of the member away on such business to make himself or herself available during the time period that the Authority is scheduled to meet. If the Authority has been given notice that a member of the Authority will be unable to attend a meeting because he or she is away on state business, the Authority shall make every reasonable effort to reach such member by telecommunication prior to voting on any matter before the 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 2010 session of the General Assembly of Georgia a bill to amend an Act that provides for the appointment and terms of office of members of the Liberty County Industrial Authority, approved February 18, 1964, p. 2110), as amended; and for other purposes.
This 19th day of March, 2010.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Al Williams, who on oath deposes and says that he is the Representative from District 165 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Coastal Courier which is the official organ of Liberty County on March 19, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

GEORGIA LAWS 2010 SESSION
s/ AL WILLIAMS Al Williams Representative, District 165

4107

Sworn to and subscribed before me, this 24th day of March 2010.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)

Approved June 2, 2010.

__________

LEE COUNTY MAGISTRATE COURT; CLERK; MANNER OF APPOINTMENT; COMPENSATION.

No. 605 (Senate Bill No. 548).

AN ACT

To provide that the chief magistrate of Lee County shall appoint the clerk of the Magistrate Court of Lee County; to provide that the clerk's salary is to be fixed by the board of commissioners; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Any other provision of law to the contrary notwithstanding, the chief magistrate of Lee County shall have the authority to appoint a person other than the clerk of the superior court to serve as clerk of the Magistrate Court of Lee County. The salary of the clerk of the magistrate court shall be fixed by the Lee County Board of Commissioners.

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

4108

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 2010 session of the General Assembly of Georgia a bill to provide that the Judge of the Lee County Magistrate Court shall have the authority to appoint a person other than the Clerk of the Superior Court to serve as Clerk of the Magistrate Court, to provide for the fixing of the salary of the Clerk of the Magistrate Court by the Lee County Board of Commissioners; to provide for related matters; and for other purposes.

This 26th day of March, 2010.

Board of Commissioners of Lee County, Georgia

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Crosby, who on oath deposes and says that he is the Senator from District 13 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Lee County Ledger which is the official organ of Lee County on March 31, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

s/ JOHN CROSBY John Crosby Senator, District 13

Sworn to and subscribed before me, this 12th day of April 2010.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)

Approved June 2, 2010.

__________

GEORGIA LAWS 2010 SESSION CITY OF CORNELIA HOTEL/MOTEL TAX.

4109

No. 636 (House Bill No. 1467).

AN ACT

To authorize the governing authority of the City of Cornelia to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide for procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Pursuant to the authority of subsection (b) of Code Section 48-13-51 of the O.C.G.A., the governing authority of the City of Cornelia is authorized to levy an excise tax pursuant to said subsection at a rate not to exceed 8 percent of the charge for the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the municipality for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly or periodically furnished for value.

SECTION 2. The enactment of this Act is subsequent to the adoption of Resolution 12-09-01 of the governing authority of the City of Cornelia which specifies the subsequent tax rate, identifies the projects or tourism product development purposes, and specifies the allocation of proceeds.

SECTION 3. In accordance with the terms of Resolution 12-09-01:
(1) In each fiscal year during which a tax is collected pursuant to paragraph (2) of subsection (b) of Code Section 48-13-51 of the O.C.G.A., an amount equal to not less than 50 percent of the total amount of taxes collected that exceed the amount of taxes that would be collected at the rate of 8 percent shall be expended for promoting tourism, conventions, and trade shows by the destination marketing organization designated by the City of Cornelia; and (2) The remaining amount of taxes collected that exceed the amount of taxes that would be collected at the rate of 8 percent which are not otherwise expended under paragraph (1) of this section shall be expended for tourism product development.

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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 2010 session of the General Assembly of Georgia a bill to authorize the governing authority of the City of Cornelia to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide for procedures, conditions, and limitations; to provide for related matters, and for other purposes.
This 5th day of March, 2010.
M. Steven Campbell City Attorney City of Cornelia, Georgia CAMPBELL & CAMPBELL P.O. Box 489 Cornelia, GA 30531 (706) 778-2134
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rick Austin, who on oath deposes and says that he is the Representative from District 10 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Northeast Georgian which is the official organ of Habersham County on March 16, 2010, and that the notice requirements of Code Section 28-1-14 have been met.
s/ RICK AUSTIN Rick Austin Representative, District 10
Sworn to and subscribed before me, this 24th day of March 2010.
s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia

GEORGIA LAWS 2010 SESSION
My Commission Expires July 29, 2011 (SEAL)

4111

Approved June 4, 2010.

__________

WAYNE COUNTY HOTEL/MOTEL TAX.

No. 637 (House Bill No. 1123).

AN ACT

To authorize the governing authority of Wayne County to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Pursuant to the authority of subsection (b) of Code Section 48-13-51 of the O.C.G.A., the governing authority of Wayne County is authorized to levy an excise tax pursuant to said subsection at a rate not to exceed 8 percent of the charge for the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the county for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly or periodically furnished for value.

SECTION 2. The enactment of this Act is subsequent to the adoption of Resolution R516 of the governing authority of Wayne County which specifies the subsequent tax rate, identifies the projects or tourism product development purposes, and specifies the allocation of proceeds.

SECTION 3. In accordance with the terms of Resolution R516:
(1) In each fiscal year during which a tax is collected under paragraph (2) of subsection (b) of Code Section 48-13-51 of the O.C.G.A., an amount equal to not less than 50 percent of the total amount of taxes collected that exceed the amount of taxes that would be collected at the rate of 5 percent shall be expended for promoting tourism, conventions, and trade shows by the destination marketing organization designated by Wayne County; and

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(2) The remaining amount of taxes collected that exceed the amount of taxes that would be collected at the rate of 5 percent which are not otherwise expended under paragraph (1) of this section shall be expended for tourism product development.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION FOR HOTEL/MOTEL TAX INCREASE
Notice is given that there will be introduced at the regular 2010 session of the General Assembly of Georgia a bill to authorize the governing authority of Wayne County to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; and for other purposes.
s-Mark Williams Representative Mark Williams District 178
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mark Williams, who on oath deposes and says that he is the Representative from District 178 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Press-Sentinel which is the official organ of Wayne County on January 23, 2010, 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 8th day of February 2010.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)

Approved June 4, 2010.

GEORGIA LAWS 2010 SESSION __________

4113

CITY OF LAGRANGE HOTEL/MOTEL TAX.

No. 638 (House Bill No. 1213).

AN ACT

To authorize the governing authority of the City of LaGrange to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Pursuant to the authority of subsection (b) of Code Section 48-13-51 of the O.C.G.A., the governing authority of the City of LaGrange is authorized to levy an excise tax at a rate not to exceed 8 percent of the charge for the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the municipality for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly or periodically furnished for value.

SECTION 2. The enactment of this Act is subsequent to the adoption of a resolution of the governing authority of the City of LaGrange dated January 30, 2010, which specifies the subsequent tax rate, identifies the projects or tourism product development purposes, and specifies the allocation of proceeds.

SECTION 3. In accordance with the terms of the duly executed resolution adopted by the mayor and council of the City of LaGrange:
(1) In each fiscal year during which a tax is collected pursuant to paragraph (2) of subsection (b) of Code Section 48-13-51 of the O.C.G.A., an amount equal to not less than 50 percent of the total amount of taxes collected that exceed the amount of taxes that would be collected at the rate of 5 percent shall be expended for promoting tourism, conventions, and trade shows by the destination marketing organization designated by the City of LaGrange or by such other entity already authorized to administer tourism funds pursuant

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to existing contract as specified in paragraph (2) of subsection (e) of Code Section 48-13-51 of the O.C.G.A.; and (2) The remaining amount of taxes collected that exceed the amount of taxes that would be collected at the rate of 5 percent which are not otherwise expended under paragraph (1) of this section shall be expended for tourism product development.

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 2010 session of the General Assembly of Georgia a bill to authorize the governing authority of the City of LaGrange to levy an excise tax on hotels, motels and related entities at a rate not to exceed 8% pursuant to O.C.G.A. 48-13-51.
This 4th day of February, 2010
Carl Von Epps
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carl Von Epps, who on oath deposes and says that he is the Representative from District 128 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the LaGrange Daily News which is the official organ of Troup County on February 4, 2010, and that the notice requirements of Code Section 28-1-14 have been met.
s/ CARL VON EPPS Carl Von Epps Representative, District 128
Sworn to and subscribed before me, this 10th day of February 2010.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia

GEORGIA LAWS 2010 SESSION
My Commission Expires Aug. 25, 2011 (SEAL)

4115

Approved June 4, 2010.

__________

CITY OF COLLEGE PARK HOTEL/MOTEL TAX.

No. 640 (House Bill No. 705).

AN ACT

To authorize the governing authority of the City of College Park to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Pursuant to the authority of subsection (b) of Code Section 48-13-51 of the O.C.G.A., the governing authority of the City of College Park is authorized to levy an excise tax at a rate not to exceed 8 percent of the charge for the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the municipality for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly or periodically furnished for value.

SECTION 2. The enactment of this Act is subsequent to the adoption of Resolution 2009-05 of the governing authority of the City of College Park which specifies the subsequent tax rate, identifies the projects or tourism product development purposes, and specifies the allocation of proceeds.

SECTION 3. In accordance with the terms of Resolution 2009-05:
(1) In each fiscal year during which a tax is collected pursuant to paragraph (2) of subsection (b) of Code Section 48-13-51 of the O.C.G.A., an amount equal to not less than 50 percent of the total amount of taxes collected that exceed the amount of taxes that would be collected at the rate of 5 percent shall be expended for promoting tourism, conventions,

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and trade shows by the destination marketing organization designated by the City of College Park; and (2) The remaining amount of taxes collected that exceed the amount of taxes that would be collected at the rate of 5 percent which are not otherwise expended under paragraph (1) of this section shall be expended for tourism product development.

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 in the 2009 Regular Session of the General Assembly of Georgia a bill to authorize, pursuant to O.C.G.A. 48-13-51(b), an increase to the Hotel/Motel tax in the City of College Park, to provide for related matters; to provide for an effective date; to repeal conflicting laws; and other purposes.
This 20th day of February, 2009
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Virgil Fludd, who on oath deposes and says that he is the Representative from District 66 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Daily Report which is the official organ of Fulton County on February 20, 2009, and that the notice requirements of Code Section 28-1-14 have been met.
s/ VIRGIL FLUDD Virgil Fludd Representative, District 66
Sworn to and subscribed before me, this 4th day of March 2009.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)
Approved June 4, 2010.

GEORGIA LAWS 2010 SESSION CITY OF MACON HOTEL/MOTEL TAX.

4117

No. 641 (House Bill No. 1286).

AN ACT

To ratify the levy of an excise tax pursuant to subsection (b.1) of Code Section 48-13-51 of the O.C.G.A. by the governing authority of the City of Macon; to provide procedures, conditions, and limitations; to provide for related matters; to provide for a contingent effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Pursuant to the authority of subsection (b.1) of Code Section 48-13-51 of the O.C.G.A., the General Assembly ratifies the resolution of the governing authority of the City of Macon which increases the levy of an excise tax pursuant to said subsection at the rate of 7 percent of the charge for the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the municipality for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly or periodically furnished for value and which identifies the projects or tourism product development purposes and specifies the allocation of proceeds.

SECTION 2. This Act shall become effective only if there is adopted at the regular 2010 session of the General Assembly a bill which becomes law so as to add a new subsection (b.1) of Code Section 48-13-51 of the O.C.G.A. so as to authorize the provisions of this Act. If such a general bill does so become law, this Act shall become effective on the date such bill becomes effective. If such a general bill does not so become law, this Act shall not become effective.

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

GEORGIA, BIBB COUNTY NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION - Notice is given that there will be introduced at the regular 2010 session of the General Assembly of Georgia a bill to ratify the levy of an excise tax pursuant to subsection (b.1) of Code Section 48-13-51 of the O.C.G.A. by the governing authority of the City of Macon; to provide procedures, conditions, and limitations; to provide for related

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matters; to provide for a contingent effective date; and for other purposes. - This 3rd day of February, 2010 /s/Representative David Lucas District 139

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, David Lucas, who on oath deposes and says that he is the Representative from District 139 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Macon Telegraph which is the official organ of Bibb County on February 6, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

s/ DAVID LUCAS David Lucas Representative, District 139

Sworn to and subscribed before me, this 3rd day of March 2010.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)

Approved June 4, 2010.

__________

CITY OF CEDARTOWN HOTEL/MOTEL TAX.

No. 642 (House Bill No. 1490).

AN ACT

To authorize the governing authority of the City of Cedartown to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

GEORGIA LAWS 2010 SESSION

4119

SECTION 1. Pursuant to the authority of subsection (b) of Code Section 48-13-51 of the O.C.G.A., the governing authority of the City of Cedartown is authorized to levy an excise tax pursuant to said subsection at a rate not to exceed 8 percent of the charge for the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the municipality for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly or periodically furnished for value.

SECTION 2. The enactment of this Act is subsequent to the adoption on April 28, 2010, of Resolution 6-2010 of the governing authority of the City of Cedartown which specifies the subsequent tax rate, identifies the projects or tourism product development purposes, and specifies the allocation of proceeds.

SECTION 3. In accordance with the terms of Resolution 6-2010:
(1) In each fiscal year during which a tax is collected pursuant to paragraph (2) of subsection (b) of Code Section 48-13-51 of the O.C.G.A., an amount equal to not less than 50 percent of the total amount of taxes collected that exceed the amount of taxes that would be collected at the rate of 5 percent shall be expended for promoting tourism, conventions, and trade shows by the destination marketing organization designated by the City of Cedartown or by such other entity authorized to administer and expend the proceeds of such tax under an existing contract authorized by paragraph (2) of subsection (e) of Code Section 48-13-51 of the O.C.G.A; and (2) The remaining amount of taxes collected that exceed the amount of taxes that would be collected at the rate of 5 percent which are not otherwise expended under paragraph (1) of this section shall be expended for tourism product development.

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 2010 session of the General Assembly of Georgia a bill to authorize the governing authority of the City of Cedartown to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; and for other purposes.

4120

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

This 2 day of April, 2010.

Representative Rick Crawford District 16

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rick Crawford, who on oath deposes and says that he is the Representative from District 16 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Cedartown Standard which is the official organ of Polk County on April 8, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

s/ RICK CRAWFORD Rick Crawford Representative, District 16

Sworn to and subscribed before me, this 8th day of April 2010.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)

Approved June 4, 2010.

__________

TROUP COUNTY MAGISTRATE COURT; CHIEF MAGISTRATE; FULL-TIME POSITION; COMPENSATION AND QUALIFICATIONS.

No. 648 (Senate Bill No. 277).

AN ACT

To provide that the chief magistrate of the Magistrate Court of Troup County shall be a full-time position; to provide for the compensation and qualifications for such chief

GEORGIA LAWS 2010 SESSION

4121

magistrate; to repeal a certain local Act; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. The chief magistrate of the Magistrate Court of Troup County shall be a full-time position, and such chief magistrate shall devote his or her full time to the duties of such office.

SECTION 2. The chief magistrate of the Magistrate Court of Troup County shall receive an annual salary in the amount of $95,000.00 to be paid in equal monthly or bimonthly installments from the funds of the county. The chief magistrate shall be entitled to be reimbursed for actual expenses incurred in the performance of his or her official duties in the same manner and rate as other county employees.

SECTION 3. In addition to all other qualifications established by general law or applicable local legislation, no person shall be elected chief magistrate of the Magistrate Court of Troup County unless, at the time of his or her election, he or she is an attorney and member in good standing of the State Bar of Georgia.

SECTION 4. An Act to provide for the compensation of the chief magistrate of the Magistrate Court of Troup County, approved March 18, 1985 (Ga. L. 1985, p. 3817), is hereby repealed.

SECTION 5. This Act shall become effective on July 1, 2009.

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 2009 session of the General Assembly of Georgia a bill to provide that the chief magistrate of the Magistrate Court of Troup County shall be a full-time position; to provide for the compensation and qualifications for such chief magistrate; to repeal a certain local Act; to provide an effective date; and for other purposes.

4122

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

This 20th day of March, 2009.

Senator Seth Harp District 29

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Seth Harp, who on oath deposes and says that he is the Senator from District 29 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the LaGrange Daily News which is the official organ of Troup County on March 20, 2009, and that the notice requirements of Code Section 28-1-14 have been met.

s/ SETH HARP Seth Harp Senator, District 29

Sworn to and subscribed before me, this 20th day of March 2009.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)

Approved June 4, 2010.

__________

CITY OF DALTON HOTEL/MOTEL TAX.

No. 651 (House Bill No. 1447).

AN ACT

To authorize the governing authority of the City of Dalton to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

GEORGIA LAWS 2010 SESSION

4123

SECTION 1. Pursuant to the authority of subsection (b) of Code Section 48-13-51 of the O.C.G.A., the governing authority of the City of Dalton is authorized to levy an excise tax pursuant to said subsection at a rate not to exceed 7 percent of the charge for the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the municipality for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly or periodically furnished for value.

SECTION 2. The enactment of this Act is subsequent to the adoption of Resolution 10-06 of the governing authority of the City of Dalton which specifies the subsequent tax rate, identifies the projects or tourism product development purposes, and specifies the allocation of proceeds.

SECTION 3. In accordance with the terms of Resolution 10-06:
(1) In each fiscal year during which a tax is collected under paragraph (2) of subsection (b) of Code Section 48-13-51 of the O.C.G.A., an amount equal to not less than 50 percent of the total amount of taxes collected that exceed the amount of taxes that would be collected at the rate of 5 percent shall be expended for promoting tourism, conventions, and trade shows by the destination marketing organization designated by the City of Dalton; and (2) The remaining amount of taxes collected that exceed the amount of taxes that would be collected at the rate of 5 percent which are not otherwise expended under paragraph (1) of this section shall be expended for tourism product development.

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 2010 session of the General Assembly of Georgia a bill to authorize the governing authority of the City of Dalton to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions and limitations to provide for related maters; a and for other purposes.
This 12th day of March, 2010.

4124

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Representative Roger Williams District 4

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roger Williams, who on oath deposes and says that he is the Representative from District 4 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Daily Citizen which is the official organ of Whitfield County on March 15, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

s/ ROGER WILLIAMS Roger Williams Representative, District 4

Sworn to and subscribed before me, this 15th day of March 2010.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)

Approved June 4, 2010.

__________

CITY OF HOGANSVILLE HOTEL/MOTEL TAX.

No. 652 (House Bill No. 1261).

AN ACT

To authorize the governing authority of the City of Hogansville to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

GEORGIA LAWS 2010 SESSION

4125

SECTION 1. Pursuant to a resolution adopted on February 1, 2010, the mayor and council of the City of Hogansville requested that the General Assembly enact a local Act pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A. authorizing the levy of an excise tax on hotels, motels, and related entities, as defined in such Code section, in the amount of 8 percent, all subject to the requirements of paragraph (5) of subsection (b) of Code Section 48-13-51 of the O.C.G.A.

SECTION 2. Pursuant to the authority of subsection (b) of Code Section 48-13-51 of the O.C.G.A., the governing authority of the City of Hogansville is authorized to levy an excise tax pursuant to said subsection at a rate not to exceed 8 percent of the charge for the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the municipality for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or another place in which rooms, lodgings, or accommodations are regularly or periodically furnished for value.

SECTION 3. (a) In each fiscal year during which a tax is collected under paragraph (2) of subsection (b) of Code Section 48-13-51 of the O.C.G.A., an amount equal to not less than 50 percent of the total amount of taxes collected that exceed the amount of taxes that would be collected at the rate of 5 percent shall be expended for promoting tourism, conventions, and trade shows by the destination marketing organization designated by the City of Hogansville; provided, however, that the City of Hogansville may exercise its option under paragraph (2) of subsection (e) of Code Section 48-13-51 of the O.C.G.A. to contract with an entity qualified under such provision. (b) The remaining amount of taxes collected that exceeds the amount of taxes that would be collected at the rate of 5 percent which are not otherwise expended under subsection (a) of this section shall be expended for tourism product development.

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 2010 Session of the General Assembly of Georgia a bill to increase Hotel/Motel Tax to 8% for the City of Hogansville, in the County of Troup.

4126

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

This 4th day of February, 2010

Carl Von Epps Representative, District 128

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carl Von Epps, who on oath deposes and says that he is the Representative from District 128 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the LaGrange Daily News which is the official organ of Troup County on February 4, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

s/ CARL VON EPPS Carl Von Epps Representative, District 128

Sworn to and subscribed before me, this 18th day of February 2010.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)

Approved June 4, 2010.

__________

CITY OF CARTERSVILLE HOTEL/MOTEL TAX.

No. 653 (House Bill No. 1429).

AN ACT

To authorize the governing authority of the City of Cartersville to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.

GEORGIA LAWS 2010 SESSION BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

4127

SECTION 1. Pursuant to the authority of subsection (b) of Code Section 48-13-51 of the O.C.G.A., the governing authority of the City of Cartersville is authorized to levy an excise tax at a rate not to exceed 6 percent of the charge for the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the municipality for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly or periodically furnished for value.

SECTION 2. The enactment of this Act is subsequent to the adoption of a resolution of the governing authority of the City of Cartersville on March 18, 2010, which specifies the subsequent tax rate, identifies the projects or tourism product development purposes, and specifies the allocation of proceeds.

SECTION 3. In accordance with the terms of such resolution adopted on March 18, 2010:
(1) In each fiscal year during which a tax is collected pursuant to paragraph (2) of subsection (b) of Code Section 48-13-51 of the O.C.G.A., an amount equal to not less than 50 percent of the total amount of taxes collected that exceed the amount of taxes that would be collected at the rate of 5 percent shall be expended for promoting tourism, conventions, and trade shows by the destination marketing organization designated by the City of Cartersville; and (2) The remaining amount of taxes collected that exceed the amount of taxes that would be collected at the rate of 5 percent which are not otherwise expended under paragraph (1) of this section shall be expended for tourism product development.

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 2010 session of the General Assembly of Georgia a bill to authorize the governing authority of the City of Cartersville to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; and for other purposes.

4128

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

This 12th day of March, 2010.

City of Cartersville, Georgia

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul Battles, 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 12, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

s/ PAUL BATTLES Paul Battles Representative, District 15

Sworn to and subscribed before me, this 15th day of March 2010.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)

Approved June 4, 2010.

__________

BARTOW COUNTY HOTEL/MOTEL TAX.

No. 654 (House Bill No. 1430).

AN ACT

To authorize the governing authority of Bartow County to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

GEORGIA LAWS 2010 SESSION

4129

SECTION 1. Pursuant to the authority of subsection (b) of Code Section 48-13-51 of the O.C.G.A., the governing authority of Bartow County is authorized within the territorial limits of the special district located within Bartow County to levy an excise tax pursuant to said subsection at a rate not to exceed 6 percent of the charge for the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the county for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly or periodically furnished for value.

SECTION 2. The enactment of this Act is subsequent to the adoption of a resolution of the governing authority of Bartow County on March 17, 2010, which specifies the subsequent tax rate, identifies the projects or tourism product development purposes, and specifies the allocation of proceeds.

SECTION 3. In accordance with the terms of such resolution adopted on March 17, 2010:
(1) In each fiscal year during which a tax is collected under paragraph (3) of subsection (b) of Code Section 48-13-51 of the O.C.G.A., an amount equal to not less than 50 percent of the total amount of taxes collected that exceed the amount of taxes that would be collected at the rate of 5 percent shall be expended for promoting tourism, conventions, and trade shows by the destination marketing organization designated by Bartow County; and (2) The remaining amount of taxes collected that exceed the amount of taxes that would be collected at the rate of 5 percent which are not otherwise expended under paragraph (1) of this section shall be expended for tourism product development.

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 2010 session of the General Assembly of Georgia a bill to authorize the governing authority of the Bartow County to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; and for other purposes.

4130

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

This 12th day of March, 2010.

Bartow County, Georgia

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul Battles, 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 12, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

s/ PAUL BATTLES Paul Battles Representative, District 15

Sworn to and subscribed before me, this 15th day of March 2010.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)

Approved June 4, 2010.

__________

TROUP COUNTY HOTEL/MOTEL TAX.

No. 655 (House Bill No. 1214).

AN ACT

To authorize the governing authority of Troup County to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

GEORGIA LAWS 2010 SESSION

4131

SECTION 1. Pursuant to the authority of subsection (b) of Code Section 48-13-51 of the O.C.G.A., the governing authority of Troup County is authorized within the territorial limits of the special district located within Troup County to levy an excise tax pursuant to said subsection at a rate not to exceed 8 percent of the charge for the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the county for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly or periodically furnished for value.

SECTION 2. The enactment of this Act is subsequent to the adoption of Resolution 2010-10 of the governing authority of Troup County on February 2, 2010, which specifies the subsequent tax rate, identifies the projects or tourism product development purposes, and specifies the allocation of proceeds.

SECTION 3. In accordance with the terms of Resolution 2010-10:
(1) In each fiscal year during which a tax is collected under paragraph (3) of subsection (b) of Code Section 48-13-51 of the O.C.G.A., an amount equal to not less than 50 percent of the total amount of taxes collected that exceed the amount of taxes that would be collected at the rate of 5 percent shall be expended for promoting tourism, conventions, and trade shows by the destination marketing organization designated by Troup County; and (2) The remaining amount of taxes collected that exceed the amount of taxes that would be collected at the rate of 5 percent which are not otherwise expended under paragraph (1) of this section shall be expended for tourism product development.

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 2010 session of the General Assembly of Georgia a bill to authorize the governing authority of Troup County, Georgia (Troup County Board of Commissioners) to levy an excise tax on hotels, motels, and relate entities at a rate not to exceed 8% pursuant to O.C.G.A. 48-13-51.
The 11th day of February, 2010

4132

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Carl Von Epps Representative, 128th District

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carl Von Epps, who on oath deposes and says that he is the Representative from District 128 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the LaGrange Daily News which is the official organ of Troup County on February 11, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

s/ CARL VON EPPS Carl Von Epps Representative, District 128

Sworn to and subscribed before me, this 16th day of February 2010.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)

Approved June 4, 2010.

__________

WHITFIELD COUNTY HOTEL/MOTEL TAX.

No. 656 (House Bill No. 1448).

AN ACT

To authorize the governing authority of Whitfield County to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

GEORGIA LAWS 2010 SESSION

4133

SECTION 1. Pursuant to the authority of subsection (b) of Code Section 48-13-51 of the O.C.G.A., the governing authority of Whitfield County is authorized within the territorial limits of the special district located within Whitfield County to levy an excise tax pursuant to said subsection at a rate not to exceed 7 percent of the charge for the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the county for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly or periodically furnished for value.

SECTION 2. The enactment of this Act is subsequent to the adoption of resolution on February 15, 2010, of the governing authority of Whitfield County which specifies the subsequent tax rate, identifies the projects or tourism product development purposes, and specifies the allocation of proceeds.

SECTION 3. In accordance with the terms of resolution on February 15, 2010:
(1) In each fiscal year during which a tax is collected under paragraph (3) of subsection (b) of Code Section 48-13-51 of the O.C.G.A., an amount equal to not less than 50 percent of the total amount of taxes collected that exceed the amount of taxes that would be collected at the rate of 5 percent shall be expended for promoting tourism, conventions, and trade shows by the destination marketing organization designated by Whitfield County; and (2) The remaining amount of taxes collected that exceed the amount of taxes that would be collected at the rate of 5 percent which are not otherwise expended under paragraph (1) of this section shall be expended for tourism product development.

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 2010 session of the General Assembly of Georgia a bill to authorize the governing authority of Whitfield County to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; and for other purposes.

4134

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

This 12th day of March, 2010.

Representative Roger Williams District 4

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roger Williams, who on oath deposes and says that he is the Representative from District 4 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Daily Citizen which is the official organ of Whitfield County on March 15, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

s/ ROGER WILLIAMS Roger Williams Representative, District 4

Sworn to and subscribed before me, this 15th day of March 2010.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)

Approved June 4, 2010.

__________

CITY OF EAST POINT HOTEL/MOTEL TAX.

No. 658 (House Bill No. 1355).

AN ACT

To authorize the governing authority of the City of East Point to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.

GEORGIA LAWS 2010 SESSION BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

4135

SECTION 1. Pursuant to the authority of subsection (b) of Code Section 48-13-51 of the O.C.G.A., the governing authority of the City of East Point is authorized to levy an excise tax pursuant to said subsection at a rate not to exceed 8 percent of the charge for the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the municipality for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly or periodically furnished for value.

SECTION 2. The enactment of this Act is subsequent to the adoption of a resolution of the governing authority of the City of East Point dated February 22, 2010, which specifies the subsequent tax rate, identifies the projects or tourism product development purposes, and specifies the allocation of proceeds.

SECTION 3. In accordance with the terms of such duly adopted resolution dated February 22, 2010:
(1) In each fiscal year during which a tax is collected under paragraph (2) of subsection (b) of Code Section 48-13-51 of the O.C.G.A., an amount equal to not less than 50 percent of the total amount of taxes collected that exceed the amount of taxes that would be collected at the rate of 5 percent shall be expended for promoting tourism, conventions, and trade shows by the destination marketing organization designated by the City of East Point or by such other entity authorized to administer and expend the proceeds of such tax under an existing contract authorized by paragraph (2) of subsection (e) of Code Section 48-13-51 of the O.C.G.A; and (2) The remaining amount of taxes collected that exceed the amount of taxes that would be collected at the rate of 5 percent which are not otherwise expended under paragraph (1) of this section shall be expended for tourism product development.

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

4136

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II City of East Point

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Authorize To Increase The City's Hotel/Motel Tax From 3 Percent To 8 Percent.

Notice is given that there will be introduced at the regular 2010 session of the General Assembly of Georgia a bill to authorize the increase of the Hotel/Motel Tax from 3 percent to 8 percent in the City limits of East Point, Georgia for the promotion of tourism, conventions, and trade shows by a destination marketing organization designated by the City, and for tourism product development. For more information please contact the City Clerk's Office at 404-270-7087 or via email abeltran@EastPointCity.org.

This 26th day of February 2010

Representative Joe Heckstall District 62

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 26, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

s/ JOE HECKSTALL Joe Heckstall Representative, District 62

Sworn to and subscribed before me, this 8th day of March 2010.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)

Approved June 4, 2010.

GEORGIA LAWS 2010 SESSION __________

4137

BIBB COUNTY HOTEL/MOTEL TAX.

No. 659 (House Bill No. 1285).

AN ACT

To ratify the levy of an excise tax pursuant to subsection (b.1) of Code Section 48-13-51 of the O.C.G.A. by the governing authority of Bibb County; to provide procedures, conditions, and limitations; to provide for related matters; to provide for a contingent effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Pursuant to the authority of subsection (b.1) of Code Section 48-13-51 of the O.C.G.A., the General Assembly ratifies the resolution of the governing authority of Bibb County which increases within the territorial limits of the special district located within Bibb County the levy of an excise tax pursuant to said subsection at the rate of 7 percent of the charge for the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the county for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly or periodically furnished for value and which identifies the projects or tourism product development purposes and specifies the allocation of proceeds.

SECTION 2. This Act shall become effective only if there is adopted at the regular 2010 session of the General Assembly a bill which becomes law so as to add a new subsection (b.1) of Code Section 48-13-51 of the O.C.G.A. so as to authorize the provisions of this Act. If such a general bill does so become law, this Act shall become effective on the date such bill becomes effective. If such a general bill does not so become law, this Act shall not become effective.

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

4138

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

GEORGIA, BIBB COUNTY NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION - Notice is given that there will be introduced at the regular 2010 session of the General Assembly of Georgia a bill to ratify the levy of an excise tax pursuant to subsection (b.1) of Code Section 48-13-51 of the O.C.G.A. by the governing authority of Bibb County; to provide procedures, conditions, and limitations; to provide for related matters; to provide for a contingent effective date; and for other purposes. - This 3rd day of February, 2010 /s/Representative David Lucas District 139

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, David Lucas, who on oath deposes and says that he is the Representative from District 139 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Macon Telegraph which is the official organ of Bibb County on February 6, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

s/ DAVID LUCAS David Lucas Representative, District 139

Sworn to and subscribed before me, this 3rd day of March 2010.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)

Approved June 4, 2010.

__________

CITY OF CLEVELAND HOTEL/MOTEL TAX.

No. 660 (House Bill No. 1500).

AN ACT

To authorize the governing authority of the City of Cleveland to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures,

GEORGIA LAWS 2010 SESSION

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conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Pursuant to the authority of subsection (b) of Code Section 48-13-51 of the O.C.G.A., the governing authority of the City of Cleveland is authorized to levy an excise tax pursuant to said subsection at a rate not to exceed 8 percent of the charge for the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the municipality for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly or periodically furnished for value.

SECTION 2. The enactment of this Act is subsequent to the adoption of Resolution 2009-03/09 of the governing authority of the City of Cleveland which specifies the subsequent tax rate, identifies the projects or tourism product development purposes, and specifies the allocation of proceeds.

SECTION 3. In accordance with the terms of Resolution 2009-03/09:
(1) In each fiscal year during which a tax is collected pursuant to paragraph (2) of subsection (b) of Code Section 48-13-51 of the O.C.G.A., an amount equal to not less than 50 percent of the total amount of taxes collected that exceed the amount of taxes that would be collected at the rate of 8 percent shall be expended for promoting tourism, conventions, and trade shows by the destination marketing organization designated by the City of Cleveland; and (2) The remaining amount of taxes collected that exceed the amount of taxes that would be collected at the rate of 8 percent which are not otherwise expended under paragraph (1) of this section shall be expended for tourism product development.

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 2010 session of the General Assembly of Georgia a bill to authorize the governing authority of the City of Cleveland to

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; and for other purposes.

This 1 day of March, 2010.

S/ Representative Rick Austin District 10

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rick Austin, 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 4, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

s/ RICK AUSTIN Rick Austin Representative, District 10

Sworn to and subscribed before me, this 12th day of April 2010.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)

Approved June 4, 2010.

__________

GEORGIA LAWS 2010 SESSION CITY OF JONESBORO HOTEL/MOTEL TAX.

4141

No. 661 (House Bill No. 1288).

AN ACT

To authorize the governing authority of the City of Jonesboro to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Pursuant to the authority of subsection (b) of Code Section 48-13-51 of the O.C.G.A., the governing authority of the City of Jonesboro is authorized to levy an excise tax pursuant to said subsection at a rate not to exceed 8 percent of the charge for the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the municipality for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly or periodically furnished for value.

SECTION 2. The enactment of this Act is subsequent to the adoption of Resolution 2010-002 of the governing authority of the City of Jonesboro which specifies the subsequent tax rate, identifies the projects or tourism product development purposes, and specifies the allocation of proceeds.

SECTION 3. In accordance with the terms of Resolution 2010-002:
(1) In each fiscal year during which a tax is collected under paragraph (2) of subsection (b) of Code Section 48-13-51 of the O.C.G.A., an amount equal to not less than 50 percent of the total amount of taxes collected that exceed the amount of taxes that would be collected at the rate of 5 percent shall be expended for promoting tourism, conventions, and trade shows by the destination marketing organization designated by the City of Jonesboro; and (2) The remaining amount of taxes collected that exceed the amount of taxes that would be collected at the rate of 5 percent which are not otherwise expended under paragraph (1) of this section shall be expended on the 1867 Jonesboro Train Depot and the 1839 Stately Oaks Plantation for preservation, renovation, and beautification in the promotion of tourism.

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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 2010 session of the General Assembly of Georgia a bill to authorize the governing authority of the City of Jonesboro to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 (Hotel/Motel Tax) of the O.C.G.A.; to provide procedures, conditions and limitations; to provide for related matters; and for other purposes.
This 23rd day of February, 2010.
s/Mike Glanton Representative Mike Glanton 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 Clayton News Daily which is the official organ of Clayton County on February 26, 2010, and that the notice requirements of Code Section 28-1-14 have been met.
s/ MIKE GLANTON Mike Glanton Representative, District 76
Sworn to and subscribed before me, this 3rd day of March 2010.
s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)
Approved June 4, 2010.

GEORGIA LAWS 2010 SESSION CITY OF MORROW HOTEL/MOTEL TAX.

4143

No. 664 (House Bill No. 1197).

AN ACT

To authorize the governing authority of the City of Morrow to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Pursuant to the authority of subsection (b) of Code Section 48-13-51 of the O.C.G.A., the governing authority of the City of Morrow is authorized to levy an excise tax at a rate not to exceed 8 percent of the charge for the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the municipality for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly or periodically furnished for value.

SECTION 2. The enactment of this Act is subsequent to the adoption of Ord. No. 2009-15 of the governing authority of the City of Morrow dated November 9, 2009, which specifies the subsequent tax rate, identifies the projects or tourism product development purposes, and specifies the allocation of proceeds.

SECTION 3. In accordance with the terms of Ordinance No. 2009-15:
(1) In each fiscal year during which a tax is collected pursuant to paragraph (2) of subsection (b) of Code Section 48-13-51 of the O.C.G.A., an amount equal to not less than 50 percent of the total amount of taxes collected that exceed the amount of taxes that would be collected at the rate of 5 percent shall be expended for promoting tourism, conventions, and trade shows by the destination marketing organization designated by the City of Morrow or by such other entity already authorized to administer tourism funds pursuant to existing contract as specified in paragraph (2) of subsection (e) of Code Section 48-13-51 of the O.C.G.A.; and (2) The remaining amount of taxes collected that exceed the amount of taxes that would be collected at the rate of 5 percent which are not otherwise expended under paragraph (1) of this section shall be expended for tourism product development.

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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 2010 session of the General Assembly of Georgia a bill to authorize the governing authority of the City of Morrow to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
This 25th day of January, 2010.
Representative Mike Glanton 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 Clayton News Daily which is the official organ of Clayton County on February 5, 2010, and that the notice requirements of Code Section 28-1-14 have been met.
s/ MIKE GLANTON Mike Glanton Representative, District 76
Sworn to and subscribed before me, this 16th day of February 2010.
s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL)
Approved June 4, 2010.

GEORGIA LAWS 2010 SESSION HENRY COUNTY HOTEL/MOTEL TAX.

4145

No. 665 (House Bill No. 1470).

AN ACT

To authorize the governing authority of Henry County to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Pursuant to the authority of subsection (b) of Code Section 48-13-51 of the O.C.G.A., the governing authority of Henry County is authorized within the territorial limits of the special district located within Henry County to levy an excise tax a rate not to exceed 8 percent of the charge for the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the county for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly or periodically furnished for value.

SECTION 2. The enactment of this Act is subsequent to the adoption of Resolution 52 of the governing authority of Henry County which specifies the subsequent tax rate, identifies the projects or tourism product development purposes, and specifies the allocation of proceeds.

SECTION 3. In accordance with the terms of Resolution 52:
(1) In each fiscal year during which a tax is collected pursuant to paragraph (3) of subsection (b) of Code Section 48-13-51 of the O.C.G.A., an amount equal to not less than 50 percent of the total amount of taxes collected that exceed the amount of taxes that would be collected at the rate of 5 percent shall be expended for promoting tourism, conventions, and trade shows by the destination marketing organization designated by Henry County or by such other entity authorized to administer and expend the proceeds of such tax under an existing contract authorized by paragraph (2) of subsection (e) of Code Section 48-13-51 of the O.C.G.A; and (2) The remaining amount of taxes collected that exceed the amount of taxes that would be collected at the rate of 5 percent which are not otherwise expended under paragraph (1) of this section shall be expended for tourism product development.

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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 2010 session of the General Assembly of Georgia a bill to authorize Henry County to increase the hotel/motel excise tax rate from five percent (5%) to eight percent (8%) for the purpose of promoting tourism, conventions, trade shows and tourism product development; to repeal conflicting laws; and for other purposes.

Elizabeth (B.J.) Mathis, Chairman Henry County Board of Commissioners

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 110 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Henry Daily Herald which is the official organ of Henry County on March 17, 2010, and that the notice requirements of Code Section 28-1-14 have been met.

s/ JOHN LUNSFORD John Lunsford Representative, District 110

Sworn to and subscribed before me, this 24th day of March 2010.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)

Approved June 4, 2010.

__________

HOME RULE ORDINANCES
OF COUNTIES
AND CONSOLIDATED GOVERNMENTS

GEORGIA LAWS 2010 SESSION

4149

CLAYTON COUNTY PUBLIC EMPLOYEE RETIREMENT SYSTEM; DEFINITION OF ELIGIBLE EMPLOYEE; AVAILABILITY OF CERTAIN OPTIONS.

STATE OF GEORGIA COUNTY OF CLAYTON

ORDINANCE NO. 2009- 33

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 MODIFY THE DEFINITION OF ELIGIBLE EMPLOYEE; TO MAKE THE 60 AND 114 MONTH BENEFIT OPTIONS AVAILABLE TO PARTICIPANTS WHO RETIRED IN DECEMBER 2008; TO REPEAL CONFLICTING LAWS, ORDINANCES AND RESOLUTIONS; TO PROVIDE AN EFFECTIVE DATE OF THIS ORDINANCE; AND FOR OTHER PURPOSES.

WHEREAS, Clayton County and the Clayton County Water Authority maintain the Clayton County, Georgia Public Employee Retirement System (Pension Plan) (the "Plan") by an Act of the General Assembly of the State of Georgia, which originally became effective as of July 1, 1971;

WHEREAS, the Plan was amended and restated by Ordinance No. 2008-222 of the Clayton County Code of Ordinances; and

WHEREAS, the Board of Commissioners now desires to amend the Plan to modify the definition of eligible employee and to make the 60 and 114 month benefit options available to participants who retired in December 2008;

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 July 1, 2008, except as otherwise provided herein, in the following particulars:

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COUNTY HOME RULE ORDINANCES

1. By deleting the existing Section 1.22 and substituting therefor the following: "1.22 'Eligible Employee' means any Employee of a Plan Sponsor who is (a) a Commissioner of Clayton County; (b) a department head or staff member appointed by the Board of Commissioners; (c) employed under the Clayton County Civil Service System in a classified position; (d) a judicial secretary appointed by the Judges of the Clayton County Superior Court to perform services for the Superior Court; (e) an Associate Juvenile Court Judge; (f) a Probate Court Judge; (g) a Magistrate; (h) the Clerk of the Superior Court and, effective January 1, 2001, the Clerk of the State Court and court clerks appointed by such Clerks; (i) effective December 1, 2000, the Chief Court Orderly; (j) the Superior Court/State Court Administrator; (k) the Sheriff; (1) the Chief Deputy Sheriff; (m) a Tax Commissioner; (n) a Deputy Tax Commissioner; (o) effective as of the date that a State Court Judicial Secretary was no longer classified as employed under the Clayton County Civil Service System, a State Court Judicial Secretary; (p) classified in a regular full-time employee Clayton County Water Authority position; or (q) appointed by the Clayton County Water Authority Board of Directors.

All other Employees shall not be Eligible Employees, including but not limited to (a) a leased employee within the meaning of Code Section 414(n)(2) or (b) any person deemed to be an Employee of a Plan Sponsor pursuant to regulations under Code Section 414(o). In addition, no person who is initially classified for a period by a Plan Sponsor as an independent contractor for federal tax purposes shall be regarded as an Eligible Employee for that period, regardless of any subsequent independent determination that any such person should have been characterized as a common law employee of the Plan Sponsor for the period in question."

2. By deleting the existing Section 1.25 and substituting therefor the following: "1.25 'Employee' means any person who is, with respect to a Plan Sponsor, (a) a regular full-time employee who performs services for the benefit of a Plan Sponsor who is paid with funds of the Plan Sponsor which are not reimbursed by the State of Georgia, (b) a leased employee within the meaning of Code Section 414(n)(2), or (c) deemed to be an employee pursuant to regulations under Code Section 414(o). For purposes of this Section, a regular Employee is one who is not classified as 'temporary' under the Clayton County Civil Service System or by the Clayton County Water Authority. For purposes of this Section and Section 1.22, a 'full-time employee' is one who is regularly scheduled to work a minimum of 40 hours per week."

3. By adding the following new paragraph to the end of Section 6.2(b), effective as of January l, 2009:
"Notwithstanding the foregoing, for purposes of this Section 6 only, a Participant whose last day of employment with a Plan Sponsor in connection with a retirement was in December 2008 and who was eligible or would have been eligible to commence payment

GEORGIA LAWS 2010 SESSION

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under the Plan in January 2009, may elect to receive his retirement benefit in any of the alternate forms of payment specified above. If such a Participant previously elected to receive his retirement benefit in the Normal Fund Payment or in one of the alternate forms of payment specified in Subsection (b)(l) or (b)(2) above, such Participant may elect, in the manner prescribed by the Plan Administrator, on or before April 30, 2009, to change his form of payment to either the alternate form of payment specified in Subsection (b)(3) or in Subsection (b)(4). The retirement benefit payable upon the Participant's new form of payment election will be reduced by the Actuarial Equivalent of any retirement benefit payments already received by the Participant."

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 generally effective as of the dates provided herein upon its approval by the Board of Commissioners after the second reading of the 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 3rd day of March, 2009.

CLAYTON COUNTY BOARD OF COMMISSIONERS

s/ ELDRIN BELL ELDRIN BELL, CHAIRMAN

s/ WOLE RALPH WOLE RALPH, VICE CHAIRMAN

s/ G. B. HAMBRICK GAIL B. HAMBRICK, COMMISSIONER

s/ SONNA SINGLETON SONNA SINGLETON, COMMISSIONER

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COUNTY HOME RULE ORDINANCES
s/ MICHAEL EDMONDSON MICHAEL EDMONDSON, COMMISSIONER

ATTEST: s/ SHELBY D. HAYWOOD SHELBY D. HAYWOOD, CLERK

ORDINANCE 2009-33 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 February 17, 2009 with the following members present and accepting in favor of same by general consensus: Chairman Eldrin Bell, Vice Chairman Wole Ralph, Commissioner Sonna Singleton, Commissioner Gail B. Hambrick, and Commissioner Michael Edmondson.

s/ SHELBY D. HAYWOOD SHELBY D. HAYWOOD CLAYTON COUNTY
BOARD OF COMMISSIONERS

The second reading of the above and foregoing Ordinance was held at the Regular Business Meeting of the Board of County Commissioners of Clayton County on March 3, 2009 with the following members present and voting for adoption in favor of same: Chairman Eldrin Bell, Vice Chairman Wole Ralph, Commissioner Sonna Singleton, Commissioner Gail B. Hambrick, and Commissioner Michael Edmondson. The motion carried unanimously.

s/ SHELBY D. HAYWOOD SHELBY D. HAYWOOD CLAYTON COUNTY
BOARD OF COMMISSIONERS

Having been read during the Regular Business Meeting of the Board of Commissioners of Clayton County on February 17, 2009 and the Regular Business Meeting on March 3, 2009, Ordinance 2009-33 was adopted at the Regular Business Meeting of March 3, 2009. The following members were present on March 3, 2009 and voted in favor to adopt Ordinance 2009-33: Chairman Eldrin Bell, Vice Chairman Wole Ralph, Commissioner Sonna Singleton, Commissioner Gail B. Hambrick, and Commissioner Michael Edinondson. The motion carried unanimously.

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4153

s/ SHELBY D. HAYWOOD SHELBY D. HAYWOOD CLAYTON COUNTY
BOARD OF COMMISSIONERS

ATTEST: s/ SHELBY D. HAYWOOD SHELBY D. HAYWOOD CLAYTON COUNTY CLERK OF THE COMMISSION March 18, 2009 [SEAL]

CERTIFICATION

I, SHELBY D. HAYWOOD, CLERK OF THE CLAYTON COUNTY BOARD OF COMMISSIONERS, DO HEREBY CERTIFY THAT THE ATTACHED IS A TRUE AND EXACT COPY OF ORDINANCE NO. 2009-33. THE BOARD ACCEPTED A FIRST READING OF THIS ORDINANCE AT ITS FEBRUARY 17, 2009 REGULAR BUSINESS MEETING AND UNANIMOUSLY ADOPTED IT FOLLOWING A SECOND READING DURING ITS REGULAR BUSINESS MEETING ON MARCH 3, 2009. THIS ORDINANCE WAS ADOPTED UNDER THE HOME RULE POWERS GRANTED TO THE COUNTY PURSUANT TO ARTICLE IX, PARAGRAPH I OF THE CONSTITUTION OF THE STATE OF GEORGIA OF 1983, SPECIFICALLY RELEVANT SECTIONS OF THE CLAYTON COUNTY, GEORGIA PUBLIC EMPLOYEE RETIREMENT SYSTEM TO MODIFY THE DEFINITION OF "ELIGIBLE EMPLOYEE"; TO MAKE THE 60 AND 114 MONTH BENEFIT OPTIONS AVAILABLE TO PARTICIPANTS WHO RETIRED IN DECEMBER 2008. THE ORIGINAL OF ORDINANCE 2009-33 CAN BE FOUND ON FILE IN THE CLERK'S OFFICE OF THE BOARD OF COMMISSIONERS' ADMINISTRATION BUILDING, 112 SMITH STREET, JONESBORO, GA.

s/ SHELBY D. HAYWOOD SHELBY D. HAYWOOD BOARD OF COMMISSIONERS MARCH 18, 2009

4154
State of Georgia County of Clayton

COUNTY HOME RULE ORDINANCES

Personally appeared before the undersigned, Amanda Hensley, who after being first duly sworn states that she is the Legal Advertising Clerk, for the Clayton News Daily, official legal organ of Clayton County, Georgia, and that upon her own personal knowledge she knows that the advertisement, a true copy of which is hereto annexed, was published in said newspaper of general circulation on the following dates: Feb. 13, 20, 27, 2009.

s/ AMANDA HENSLEY Affiant

Sworn to and subscribed before me this the 19 day of March, 2009. s/ RITA M. CAMP Signed Rita M. Camp, Notary Public My commission expires November 23, 2012 [SEAL]

Filed in the office of the Secretary of State May 4, 2009. _________

CLAYTON COUNTY CHIEF OF STAFF; CREATE; MEETING TIMES.

STATE OF GEORGIA COUNTY OF CLAYTON

ORDINANCE NO. 2009- 50

AN ORDINANCE ADOPTED UNDER THE HOME RULE POWERS SPECIFICALLY GRANTED TO THE GOVERNING AUTHORITY OF CLAYTON COUNTY PURSUANT TO ARTICLE IX, SECTION II, PARAGRAPH I (b) (1) OF THE CONSTITUTION OF THE STATE OF GEORGIA OF 1983, AMENDING THE LOCAL ACT OF THE GENERAL ASSEMBLY CREATING AND COMPOSING THE CLAYTON COUNTY BOARD OF COMMISSIONERS AND SETTING FORTH THE GENERAL PROVISIONS GOVERNING CLAYTON COUNTY GOVERNMENT; TO ABOLISH THE POSITION OF CHIEF ADMINISTRATOR; TO CREATE THE POSITION OF CHIEF OF STAFF; AND TO CHANGE THE PROVISIONS GOVERNING MEETINGS, MEETING TIMES, AND SPECIALLY CALLED MEETINGS; TO PROVIDE AN EFFECTIVE DATE OF THIS ORDINANCE; AND FOR OTHER PURPOSES.

GEORGIA LAWS 2010 SESSION

4155

WHEREAS, Clayton County, Georgia is governed by an Act of the General Assembly of the State of Georgia, which was originally established and approved on February 8, 1955, and was last amended by Ga. L. 1983, p. 4503, and approved on March 29, 1983 (the "Act"); and

WHEREAS, the Clayton County Board of Commissioners now desires to amend the Act to abolish the position of Chief Administrator; and

WHEREAS, the Clayton County Board of Commissioners now desires to amend the Act so as to create the position of Chief of Staff; and

WHEREAS, the Clayton County Board of Commissioners now desires to amend the Act to establish and clarify the meeting times, and the provisions relating to specially called meetings.

NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF CLAYTON COUNTY, GEORGIA AND IT IS HEREBY ORDAINED:

PART I. ENACTMENT

Section 1. By the authority granted to the Clayton County Board of Commissioners 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 Act, originally established and adopted at Ga. L. 1955, p. 2064, and last amended by Ga. L. 1983, p. 4503 in the following particulars:

By deleting section 4 in its entirety, and by replacing it with a new section 4 which reads as follows:

Sec. 2-4. Meetings.

"The board of commissioners shall hold regular meetings on the first, second, and third Tuesday of each month at 7:00 p.m. at its offices located at 112 Smith Street, Jonesboro, Georgia, unless postponed to a subsequent date by action taken at a regular meeting. Meetings shall be open to the public. The board of commissioners may hold such additional meetings as shall be necessary when called by any three members of the board (which may include the chairman), provided the chairman and all board members shall have been notified at least 24 hours in advance of such special meeting. Whenever any regular meeting of the board shall fall on a holiday, the meeting shall be held on the following day. No official action shall be taken by the board except in a meeting which is open to the public. Any three members of the board shall constitute a quorum, except that a lesser number shall be sufficient to recess or adjourn any meeting; but no official

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COUNTY HOME RULE ORDINANCES

action shall be taken except upon the affirmative vote of at least three members of the board. The chairman shall be entitled to the same voting rights as other board members on questions considered by the board. All zoning meetings shall be conducted at night beginning at 7:00 p.m.

By deleting section 13 in its entirety, and by replacing it with a new section 13 which reads as follows:

Sec. 2-13. Chief of Staff, assistants.

(a) The position of Chief of Staff is created. The Chief of Staff shall be appointed by the board of commissioners. The duties of the Chief of Staff shall be determined by the board of commissioners, and the Chief of Staff shall perform those duties under the daily direction of the chairman and shall perform such other duties imposed upon him or her from time to time by action of the board. The provisions of the Clayton County Civil Service Act shall not be applicable to the position of Chief of Staff (b) The board may employ administrative assistants from time to time as it may deem necessary. Said assistants, subject to confirmation by the board, shall be appointed by the chairman and they shall be under the direction of the chairman and the Chief of Staff. The compensation for said administrative assistants shall be fixed in the same manner as other county employees. Subsequent to appointment, said administrative assistants shall be subject to the provisions of the Clayton County Civil Service Act.

Section 2. The Clayton County Board of Commissioners hereby adopts the attached "Classification Specification" as the duties of the Chief of Staff position.

PART II. EFFECTIVE DATE

This ordinance shall become effective upon adoption by the Clayton County Board of Commissioners.

PART III. SEVERABILITY

Should any section or provision of this ordinance be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the ordinance as a whole nor any part thereof other than the part so declared to be invalid or unconstitutional. All ordinances or resolutions, or parts thereof, in conflict with this ordinance are repealed.

ADOPTED by the Clayton County Board of Commissioners this 7th day of April, 2009.

GEORGIA LAWS 2010 SESSION
CLAYTON COUNTY BOARD OF COMMISSIONERS s/ ELDRIN BELL (opposed) ELDRIN BELL, CHAIRMAN

4157

s/ W RALPH WOLE RALPH, VICE CHAIRMAN

s/ G. B. HAMRICK GAIL B. HAMRICK, COMMISSIONER

s/ SONNA SINGLETON SONNA SINGLETON, COMMISSIONER

s/ M. EDMONDSON MICHAEL EDMONDSON, COMMISSIONER

ATTEST:

s/ SHELBY D. HAYWOOD SHELBY D. HAYWOOD, CLERK

ORDINANCE 2009-50

The first reading of the above and foregoing Ordinance was held at the Regular Business Meeting of the Board of County Commissioners of Clayton County on March 17, 2009 with the following members present and accepting in favor of same by general consensus: Chairman Eldrin Bell, Vice Chairman Wole Ralph, Commissioner Sonna Singleton, Commissioner Gail B. Hambrick, and Commissioner Michael Edmondson.

s/ SHELBY D. HAYWOOD SHELBY D. HAYWOOD, CLERK
CLAYTON COUNTY BOARD OF COMMISSIONERS

The second reading of the above and foregoing Ordinance was held at the Regular Business Meeting of the Board of County Commissioners of Clayton County on April 7, 2009 with the following members present and voting for adoption in favor of same: Vice Chairman Wole Ralph, Commissioner Sonna Singleton, Commissioner Gail B. Hambrick, and Commissioner Michael Edmondson. Chairman Bell opposed. The motion carried 4-1.

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COUNTY HOME RULE ORDINANCES
s/ SHELBY D. HAYWOOD SHELBY D. HAYWOOD, CLERK
CLAYTON COUNTY BOARD OF COMMISSIONERS

Having been read during the Regular Business Meeting of the Board of Commissioners of Clayton County on March 17, 2009 and the Regular Business Meeting on April 7, 2009, Ordinance 2009-50 was adopted at the Regular Business Meeting of April 7, 2009. The following members were present on April 7, 2009 and voted in favor to adopt Ordinance 2009-50: Vice Chairman Wole Ralph, Commissioner Sonna Singleton, Commissioner Gail B. Hambrick, and Commissioner Michael Edmondson. Chairman Bell voted in opposition. The motion carried 4-1. Attached hereto is a certified copy of Ordinance 2009-50.

s/ SHELBY D. HAYWOOD SHELBY D. HAYWOOD, CLERK
CLAYTON COUNTY BOARD OF COMMISSIONERS

ATTEST:

s/ SHELBY D. HAYWOOD SHELBY D. HAYWOOD CLERK OF THE COMMISSION April 22, 2009 (SEAL)

State of Georgia County of Clayton

Personally appeared before the undersigned, Robert Howell, who after being first duly sworn states that she is the Advertising Account Representative, for the Clayton News Daily, official legal organ of Clayton County, Georgia, and that upon her own personal knowledge she knows that the advertisement, a true copy of which is hereto annexed, was published in said newspaper of general circulation on the following dates: 3/17/09, 3/24/09, and 3/31/09.

s/ Affiant

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Sworn to and subscribed before me this 31st day of March, 2009. s/ Rita M. Camp
Rita M. Camp, Notary Public My Commission expires November 23, 2012
[SEAL]

Filed in the office of the Secretary of State May 4, 2009. __________

HENRY COUNTY PURCHASING; LOCAL VENDOR PRIVILEGE.

RESOLUTION NO. 09-64

A RESOLUTION OF THE HENRY COUNTY BOARD OF COMMISSIONERS FOR THE PURPOSE OF AMENDING THE PURCHASING ORDINANCE TO ESTABLISH A "LOCAL VENDOR PRIVILEGE" IN HENRY COUNTY

WHEREAS, the Henry County Purchasing Ordinance 2-2-33 was created by local act of the General Assembly and establishes generally, the requirements for awarding competitive bids for material, equipment and services not otherwise provided by General Law; and

WHEREAS, the Henry County Board of Commissioners desires to amend the Purchasing Ordinance to establish a "Local Vendor Privilege" for the purpose of giving preference to local businesses and suppliers operating within the geographical boundaries of Henry County; and

WHEREAS, the establishment of such Local Vendor Privilege" is in recognition of the vital role that local businesses and suppliers play in contributing to the local economy; and

WHEREAS, the Henry County Board of Commissioners recognizes that bids or proposals awarded to local businesses and suppliers will further contribute to the local tax base and create a positive enhancement to the Henry County economy; and

WHEREAS, in light of the extraordinary economic challenges currently experienced throughout the Nation, State and in local jurisdictions such as Henry County, the establishment of a "Local Vendor Privilege", sends a strong signal of support by the Henry County Board of Commissioners that Henry County puts its citizens "first"; and

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WHEREAS, the establishment of a "Local Vendor Privilege" will foster an environment in which local businesses and suppliers can thrive and continue to be a vital support to the local community; and

WHEREAS, with the adoption of this Resolution, the Henry County Board of Commissioners hereby formally establishes the "Henry First Initiative" that will allow for the creation and adoption of other policies from time to time that will further benefit the citizens of Henry County.

NOW THEREFORE BE IT RESOLVED, the Henry County Board of Commissioners hereby approves the amendment of the Henry County purchasing Ordinance to establish a "Local Vendor Privilege" as shown on the attached Exhibit "A".

This 16 day of March, 2009.

HENRY COUNTY BOARD OF COMMISSIONERS

BY: s/ ELIZABETH BJ MATHIS Elisabeth "BJ" Mathis, Chairman

ATTEST: s/ SHAY MATHIS Shay Mathis, County Clerk

Local Vendor Privilege

(a) There is established in Henry County, a local vendor privilege. Bids or proposals awarded to local vendors contribute to the local tax base and will therefore, be given special consideration when bidding against out of jurisdiction (out-of-county) vendors. Bids or proposals received from local vendors will be given preference if such bid or proposal is responsive and within five (5) percent of the low bid submitted by any out-of-county bidder. In such instance, the local vendor will be given the opportunity to match the low bid offered by the out-of-county vendor. If such local vendor agrees to match the lowest bid received from the out-of-county vendor within the time specified by the County, the bid shall be awarded to the local vendor. (b) A local vendor shall only be eligible to receive the benefit of this privilege if it meets each of the following requirements prior to any award of a contract or purchase:
i. The business or supplier must operate and mnaintaina regular place of business within the geographical boundaries of Henry County; and ii. The business or supplier must have a current Occupational Tax Certificate; and

GEORGIA LAWS 2010 SESSION

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iii. The business or supplier must have paid all real and personal taxes owed the County; and iv. The business or supplier must certify its compliance with the Georgia Security and Immigration Act. (c) This policy shall not apply to any bid or proposal for material, equipment or services in excess of $100,000.00. In such cases, the bid award shall be subject to the competitive bidding requirements as otherwise provided herein or general law.

Exhibit "A"

CLERK'S CERTIFICATE

This is to certify the attached Is a true and correct copy of Resolution 09-64. The original is on file in the Clerk to Henry County Board of Commissioners' Office.

This 12th day of May, 2009

s/ SHAY MATHIS Shay Mathis, County Clerk
(SEAL)

State of Georgia County of Henry

Personally appeared before the undersigned, Linda Brooks, who after being first duly sworn
states that she is the legal clerk for the Daily Herald, official legal organ of HENRY
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: Feb. 13, 20, 27, 2009

s/ LINDA BROOKS Affiant

Sworn to and subscribed before me this 13 day of May, 2009. s/ RITA M. CAMP Notary Public, Henry County, Georgia Commission Expires November 23, 2012

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NOTICE OF INTENTION TO AMEND LOCAL LEGISLATION PERTAINING TO PUBLIC BIDS

Notice is given that the Henry County Board of Commissioners proposes to amend the Henry County Purchasing Ordinance (Ordinance No. 2-2-33, Ga. Laws 1974, P. 3680, Act No. 132, Para. 11, Ga. Laws 1982, P. 4094, Act No. 995, Para. 3) so as to add a "Local Vendor Privilege" which shall give special consideration to local vendors who submit competitive bids or proposals for material, equipment or services in an amount less than $100,000.00; to provide for an effective date; to repeal conflicting laws; and for other purposes. A copy of this proposed amendment is on file in the Clerk's Office, Henry County Superior Court, for the purpose of examination and inspection by the public.

Elizabeth "BJ" Mathis, Chairman Henry County Board of Commissioners

Filed in the office of the Secretary of State June 17, 2009. _________

DEKALB COUNTY MERIT SYSTEM; EXCLUDE CHIEF OF POLICE.

June 10, 2009

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 3111, ET SEQ., AS AMENDED, AUTHORIZING THE ESTABLISHMENT OF A MERIT SYSTEM IN DEKALB COUNTY FOR EMPLOYEES OF DEKALB COUNTY, SO AS TO FURTHER AMEND SAID ACT TO PROVIDE THAT THE CHIEF OF THE DEKALB COUNTY POLICE DEPARTMENT SHALL NOT BE UNDER THE DEKALB COUNTY MERIT SYSTEM.

NOW THEREFORE, BE IT ORDAINED by the Governing Authority of DeKalb County, Georgia, and it is hereby ordained by the authority of same, pursuant to the home rule provisions for counties of the Constitution of the State of Georgia, that the Act, as amended, authorizing the establishment of a merit system in DeKalb County for employees of DeKalb County, known as 1956 Ga. Laws p. 3111, et seq., as amended, be and the same is hereby further amended as follows:

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By amending Section 1 (codified as Section 1052(d) of Appendix B to the Code of DeKalb County, Georgia) of the Act by deleting paragraph d in its entirety and replacing same with the following:

(d) The chief of the DeKalb County Police Department shall not be under the merit system.

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 by a court of competent jurisdiction, such declaration shall not affect the remaining portions of this ordinance not so declared to be invalid, but the same shall remain in full force and effect as if separately adopted.

PART IV.

This ordinance shall be presented to the Board of Commissioners of DeKalb County, Georgia for adoption at two regular, consecutive meetings of the County Commissioners, held not less than seven (7) nor more than sixty (60) days apart after notice containing a synopsis of the proposed amendment shall have been published in the official organ of DeKalb County once a week for three (3) weeks within a period of sixty (60) days immediately preceding its final adoption, such notice stating that a copy of the proposed amendment is on file in the office of the Clerk of Superior Court of DeKalb County for the purpose of examination and inspection by the public.

PART V.

This Ordinance shall be first presented to the Board of Commissioners of DeKalb County, Georgia on the 23rd day of June, 2009 and again on the 14th day of July, 2009 at the regular time and place of the meeting of the Board of Commissioners of DeKaIb County, Georgia.

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COUNTY HOME RULE ORDINANCES PART VI.

A copy of this ordinance shall be filed with the Clerk of the DeKalb County Superior Court for the purpose of examination and inspection by the public along with sufficient copies of same for distribution to those members of the public.

PART VII.

The provisions of this ordinance shall become effective the first day of the month following its adoption.

ADOPTED by the DeKalb County Board of Commissioners this 14th day of July, 2009.

s/ LARRY JOHNSON LARRY JOHNSON, MPH
Presiding Officer Board of Commissioners DeKalb County, Georgia

APPROVED by the Chief Executive Officer of DeKalb County, Georgia this 30th day of July, 2009.

s/ BURRELL ELLIS W. BURRELL ELLIS, Jr.
Chief Executive Officer DeKalb County, Georgia

ATTEST: s/ BARBARA H. SANDERS BARBARA H. SANDERS, CCC Clerk to the Board of Commissioners and Chief Executive Officer DeKalb County, Georgia

APPROVED AS TO FORM s/ L. E. CHANG LISA E. CHANG County Attorney

I, the undersigned, Barbara H. Sanders Deputy Clerk of the Board of Commissioners, DeKalb County, Georgia, DO HEREBY CERTIFY that the foregoing is a true and correct copy of an ordinance adopted by said Board meeting lawfully assembled on the 14th day of July, 2009. And same appears in Minutes of said Board this 6th day of August, 2009.

GEORGIA LAWS 2010 SESSION
s/ BARBARA H. SANDERS Deputy Clerk of Commissioners DeKalb County, GA

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PUBLIC NOTICE

The public is hereby notified that action is underway by the DeKaib County Board of Commissioners to amend certain provisions of a local act of the General Assembly (1956 Ga. Laws p. 3111, as amended) relating to the establishment of a merit system in DeKalb County for employees of DeKalb County. Specifically, the amendment provides that the chief of the DeKalb County Police Department shall not be under the DeKalb County Merit System.

The public is hereby further notified that this amendment will be considered by the DeKalb County Board of Commissioners at the regular June 23, 2009 and July 14, 2009 meetings.

It is necessary for the Board of Commissioners to adopt an ordinance at two consecutive meetings held not less than seven (7) nor more than sixty (60) days apart which ordinance specifically states the changes to be made in the original Act, the authority to amend the original Act having been granted under the home rule provisions for counties of the Constitution of the State of Georgia.

The public is hereby further notified that a copy of said proposed ordinance is on file with the Clerk of DeKalb County Superior Court, DeKalb County Courthouse, Decatur, Georgia for public examination and inspection, and that upon written request copies are available from the Clerk for interested members of the public.

PUBLISH: June 18th, 25th, and July 2nd, 2009

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, MERIT SYSTEM was published in said newspaper on the following date(s):

06/18/09,06/25/09, 07/02/09

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s/ CAROLYN J. GLENN CAROLYN J. GLENN, PUBLISHER

Sworn to and subscribed before me this 07/02/09.

s/ JACQUELINE BRYANT Notary Public My commission expires September 22, 2010

THE OFFICIAL LEGAL ORGAN OF DEKALB COUNTY

[SEAL]

Filed in the office of the Secretary of State August 10, 2009. __________

CLAYTON COUNTY VICE-CHAIRMAN; ROTATION.

STATE OF GEORGIA COUNTY OF CLAYTON

ORDINANCE NO. 2009- 189

AN ORDINANCE ADOPTED UNDER THE HOME RULE POWERS SPECIFICALLY GRANTED TO THE GOVERNING AUTHORITY OF CLAYTON COUNTY PURSUANT TO ARTICLE IX, SECTION II, PARAGRAPH I (b) (1) OF THE CONSTITUTION OF THE STATE OF GEORGIA OF 1983, AMENDING THE LOCAL ACT OF THE GENERAL ASSEMBLY CREATING AND COMPOSING THE CLAYTON COUNTY BOARD OF COMMISSIONERS AND SETTING FORTH THE GENERAL PROVISIONS GOVERNING CLAYTON COUNTY GOVERNMENT; SO AS TO AMEND THE CLAYTON COUNTY CODE OF ORDINANCES ARTICLE II SECTION 2-5 ENTITLED ROTATION OF VICE-CHAIRMANSHIP; TO PROVIDE SEVERABILITY; TO PROVIDE AN EFFECTIVE DATE OF THIS ORDINANCE; AND FOR OTHER PURPOSES.

WHEREAS, Clayton County, Georgia is governed by an Act of the General Assembly of the State of Georgia, which was originally established and approved on February 8, 1955, and was last amended by Ga. L. 1983, p. 4503, and approved on March 29, 1983 (the "Act"); and

WHEREAS, the Clayton County Board of Commissioners now desires to amend the Act pertaining to the selection of Vice-Chairman of the Board of Commissioners; and

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WHEREAS, the Clayton County Board of Commissioners now desires to amend the Act so as to eliminate the rotation of the Vice-Chairman and provide for the election of the Vice Chairman in January of each year; and

NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF CLAYTON COUNTY, GEORGIA AND IT IS HEREBY ORDAINED:

PART I. ENACTMENT

By the authority granted to the Clayton County Board of Commissioners 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 Act, originally established and adopted at Ga. L. 1955, p. 2064, and last amended by Ga. L. 1983, p. 4503 in the following particulars:

By deleting section 5 in its entirety, and by replacing it with a new section 5 which reads as follows:

Sec. 2-5. Selection of vice-chairmanship; authority of vice-chairman.

"(a) At the first regular meeting in January of each year, the members of the Board shall elect a vice-chairman. The vice chairman so elected shall serve until the first regular meeting in January of the next year and until his successor is qualified and assumes office. Any member may succeed him or her self as vice-chairman if so elected. (b) In the event the chairman is temporarily absent from the county or is unable temporarily to carry out his duties because of disability or for any other reason, the vice-chairman shall be clothed with all the authority of the chairman and shall carry out the duties of the chairman during such temporary absence from the county or temporary disability of the chairman. The vice-chairman shall also act as presiding officer at the meetings of the board in the absence of the chairman."

PART II. EFFECTIVE DATE

This ordinance shall become effective upon adoption by the Clayton County Board of Commissioners.

PART III. SEVERABILITY

Should any section or provision of this ordinance be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the ordinance as a whole nor any part thereof other than the part so declared to be invalid or

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COUNTY HOME RULE ORDINANCES

unconstitutional. All ordinances or resolutions, or parts thereof, in conflict with this ordinance are repealed.

ADOPTED by the Clayton County Board of Commissioners this 8th day of December, 2009.

CLAYTON COUNTY BOARD OF COMMISSIONERS s/ ELDRIN BELL
ELDRIN BELL, CHAIRMAN

s/ W RALPH WOLE RALPH, VICE CHAIRMAN

s/ G B HAMBRICK GAIL B. HAMBRICK, COMMISSIONER

s/ SONNA SINGLETON SONNA SINGLETON, COMMISSIONER

s/ MICHAEL EDMONDSON MICHAEL EDMONDSON, COMMISSIONER

ATTEST:

s/ SHELBY D. HAYWOOD SHELBY D. HAYWOOD, CLERK

CERTIFICATION

I, SHELBY D. HAYWOOD, CLERK OF THE CLAYTON COUNTY BOARD OF COMMISSIONERS, DO HEREBY CERTIFY THAT THE ATTACHED IS A TRUE AND EXACT COPY OF ORDINANCE NO. 2009-189, WHICH WAS APPROVED BY THE BOARD OF COMMISSIONERS ON DECEMBER 8, 2009. THIS ORDINANCE WAS ADOPTED UNDER THE HOME RULE POWERS SPECIFICALLY GRANTED TO THE GOVERNING AUTHORITY OF CLAYTON COUNTY PURSUANT TO ARTICLE IX, SECTION II, PARAGRAPH I (b)(1) OF THE CONSTITUTION OF THE STATE OF GEORGIA OF 1983. IT AMENDS THE CLAYTON COUNTY CODE OF ORDINANCES ARTICLE II, SECTION 2-5 ENTITLED "ROTATION OF VICE-CHAIRMANSHIP"; TO PROVIDE SEVERABILITY; TO PROVIDE AN EFFECTIVE DATE OF THIS ORDINANCE; AND FOR OTHER PURPOSES. THE ORIGINAL OF THIS ORDINANCE CAN BE FOUND ON FILE IN THE OFFICE OF THE CLERK, CLAYTON COUNTY

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BOARD OF COMMISSIONERS OFFICE, LOCATED AT 112 SMITH STREET, JONESBORO, CLAYTON COUNTY, GEORGIA 30236.

s/ SHELBY D. HAYWOOD SHELBY D. HAYWOOD, CLERK BOARD OF COMMISSIONERS DECEMBER 16, 2009

ORDINANCE 2009-189

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 December 1, 2009 with the following members present and accepting in favor of same by general consensus: Chairman Eldrin Bell, Vice Chairman Wole Ralph, Commissioner Sonna Singleton, Commissioner Michael Edmondson, and Commissioner Gail B. Hambrick.

s/ SHELBY D. HAYWOOD SHELBY D. HAYWOOD, CLERK
CLAYTON COUNTY BOARD OF COMMISSIONERS

The second reading of the above and foregoing Ordinance was held at the Regular Business meeting of the Board of County Commissioners of Clayton County on December 8, 2009 with the following members present and voting for adoption in favor of same: Vice Chairman Wole Ralph, Commissioner Sonna Singleton, Commissioner Michael Edmondson, and Commissioner Gail B. Hambrick. A member present and voting in opposition of same was Chairman Eldrin Bell. The motion carried 4-1.

s/ SHELBY D. HAYWOOD SHELBY D. HAYWOOD, CLERK
CLAYTON COUNTY BOARD COMMISSIONERS

Having been read during the Regular Business Meeting of the Board of Commissioners of Clayton County on December 1, 2009 and the Regular Business Meeting on December 8, 2009, Ordinance 2009-189 was adopted at the Regular Business Meeting of December 8, 2009. The following members were present on December 8, 2009 and voted in favor to adopt Ordinance 2009-189: Vice Chairman Wole Ralph, Commissioner Sonna Singleton, Commissioner Michael Edmondson, and Commissioner Gail B. Hambrick. A member present and voting in opposition to adopt Ordinance 2009-189 was Chairman Eldrin Bell. The motion carried 4-1.

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s/ SHELBY D. HAYWOOD SHELBY D. HAYWOOD, CLERK
CLAYTON COUNTY BOARD OF COMMISSIONERS

ATTEST:

s/ SHELBY D. HAYWOOD SHELBY D. HAYWOOD CLERK THE COMMISSION December 16, 2009 (SEAL)

State of Georgia County of Clayton

Personally appeared before the undersigned, Suzette Haynes, who after being first duly sworn states that she is the Advertising Account Assistant for the Clayton News Daily, official legal organ of Clayton County, Georgia, and that upon her own personal knowledge she knows that the advertisement, a true copy of which is hereto annexed, was published in said newspaper of general circulation on the following dates: November 24, 2009, December 01, 2009 and December 08, 2009

s/ SUZETTE HAYNES Suzette Haynes, Affiant

Sworn to and subscribed before me this the 8th day of December 2009.

s/ RITA M. CAMP Rita M. Camp, Notary Public My Commission expires November 23, 2012

PUBLIC NOTICE CLAYTON COUNTY

NOTICE OF CLAYTON COUNTY BOARD OF COMMISSIONERS MEETING AT WHICH AN ORDINANCE ADOPTED UNDER THE HOME RULE POWERS SPECIFICALLY GRANTED TO THE GOVERNING AUTHORITY OF CLAYTON COUNTY PURSUANT TO ARTICLE IX, SECTION II, PARAGRAPH I (b) (1) OF THE CONSTITUTION OF THE STATE OF GEORGIA OF 1983, AMENDING THE LOCAL ACT OF THE GENERAL ASSEMBLY CREATING AND COMPOSING THE CLAYTON

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COUNTY BOARD OF COMMISSIONERS AND SETTING FORTH THE GENERAL PROVISIONS GOVERNING CLAYTON COUNTY GOVERNMENT; TO CHANGE THE PROVISIONS PERTAINING TO THE SELECTION OF VICE-CHAIRMAN; TO PROVIDE AN EFFECTIVE DATE OF THIS ORDINANCE; AND FOR OTHER PURPOSES.

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 Clayton County Board of Commissioners will amend the Clayton County Code of Ordinances by deleting Section 2-5 "Rotation of vice-chairmanship; authority of vice-chairman" in its entirety and inserting in lieu thereof a new Code Section 2-5 "Selection of vice-chairman; authority of vice-chairman". The purpose of this amendment is to provide for the election of Vice-Chairman of the Board of Commissioners by its members at the first meeting of the Board in January of each year in lieu of rotating the position each year by District. The Board of Commissioners will vote on the proposed amendment at its December 8, 2009, business meeting in the Commissioner's Board Room at 112 Smith Street Jonesboro, Georgia 30236. The meeting will begin at 7:00 p.m.

A copy of the subject Ordinance is on file in the Office of the Clerk of the Board of Commissioners of Clayton County, Clayton County Administration Building 112 Smith Street Jonesboro, Georgia 30236. A copy of the proposed ordinance is also on file in the Office of the Clerk of Superior Court of Clayton County for the purpose of examination and inspection by the public. The Clerk of Superior Court will furnish anyone upon written request, a copy of this ordinance. Questions and inquiries concerning this matter may be directed to Michael L. Smith, Clayton County Staff Attorney, 112 Smith Street, Jonesboro, Georgia. (770) 477-3207.

SHELBY D. HAYWOOD CLERK, BOARD OF COMMISSIONERS

Filed in the office of the Secretary of State December 28, 2009. _________

DEKALB COUNTY DEKALB COUNTY PENSION BOARD; COMPUTATION OF BENEFITS.

A HOME RULE ORDINANCE

A HOME RULE ORDINANCE BY THE GOVERNING AUTHORITY OF DEKALB COUNTY UNDER THE HOME RULE PROVISIONS FOR COUNTIES OF THE

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CONSTITUTION OF THE STATE OF GEORGIA, TO AMEND AN ACT OF THE GENERAL ASSEMBLY OF 1962, FOUND IN GEORGIA LAWS 1962, PAGE 3088, ET SEQ., AS AMENDED, CREATING THE DEKALB COUNTY PENSION BOARD, SO AS TO FURTHER AMEND SAID ACT TO PROVIDE FOR COMPUTATION OF BENEFITS, AND FOR OTHER PURPOSES.

NOW, THEREFORE, BE IT ORDAINED by the Governing Authority of DeKalb County, Georgia, and it is hereby ordained by the authority of same, pursuant to the home rule provisions for counties of the Constitution of the State of Georgia, that the state law creating the DeKalb County Pension Board, known as 1962 Ga. Laws p. 3088, et seq., as amended, (hereinafter referred to as "the Act") be and the same is hereby further amended as follows:

PART I.

By amending Section 8 of the Act (codified in the Code of DeKalb County, Georgia, Appendix B, Section 908) to add, between subsection 908 (b) (3) and subsection 908 (b) (4), a new subsection 908(b) (3.5), entitled "2010 Retirement Incentives":

3.5. 2010 Retirement Incentives

A. 2010 Early-Out Incentive. A participant shall receive the retirement opportunity and incentive referred to herein as the "2010 Early-Out Incentive" only if the participant: is a current DeKalb County officer, employee, or deputy as of May 30, 2010; completes at least twenty-five (25) years of credited service as of May 31, 2010; is less than fifty years of age on May 31, 2010; submits to the director of finance a fully completed and executed 2010 Retirement Incentive Application and Waiver/Release between March 2 and April 16, 2010; allows that Waiver/Release to become effective and enforceable; and elects to retire with a retirement date of May 31, 2010. A participant who satisfies all these criteria and requirements for the 2010 Early-Out Incentive shall receive an immediate monthly retirement benefit in an amount that is computed and payable in the same manner as a normal retirement benefit in accordance with subsection (b)l.B. of this section 8 [908], with no deduction for each complete month by which the date the benefit commences precedes the participant's normal retirement date. A participant who satisfies all criteria and requirements for the 2010 Early-Out Incentive shall also receive, after his retirement date, a lump sum retirement benefit from the pension fund in an amount equal to the net value of the participant's unused accumulated annual leave (up to 60 days) at his regular rate of pay. Because a participant who satisfies all criteria and requirements for the 2010 Early-Out Incentive shall receive, from the pension fund, the retirement benefit described in the previous sentence, such a participant shall not be eligible to receive payment from any other source for any amount of unused accumulated annual leave. Some participants who are eligible to receive the 2010 Early-Out Incentive may be deemed "Key Employees" because their retirement on May 31,

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2010, would cause a substantial business hardship for the County. The chief executive officer or another elected county officer may defer the retirement date of a Key Employee under his supervision for up to three (3) months after May 31, 2010 if that Key Employee agrees in writing, before May 31, 2010, to accept the deferred retirement date. A Key Employee who agrees to accept a deferred retirement date shall not be paid any retirement benefit under this paragraph until after his deferred retirement date.

B. 2010 Retirement-Plus Incentive. A participant shall receive the retirement opportunity and incentive package referred to herein as the "2010 Retirement-Plus Incentive" only if the participant: is a current DeKalb County officer, employee, or deputy as of May 30, 2010; completes at least eight (8) years of credited service as of May 31, 2010; reaches the age of fifty (50) years on or before May 31, 2010; submits to the director of finance a fully completed and executed 2010 Retirement Incentive Application and Waiver/Release between March 2 and April 16, 2010; allows that Waiver/Release to become effective and enforceable; and elects to retire with a retirement date of May 31, 2010. A participant who satisfies all these criteria and requirements for the 2010 Retirement-Plus Incentive shall receive an immediate monthly retirement benefit in an amount that is computed and payable in the same manner as a normal retirement benefit in accordance with subsection (b)1.B. of this section 8 [908], with no deduction for each complete month by which the date the benefit commences precedes the participant's normal retirement date, and with two years of service added to the participant's credited years of service for the purpose of calculating the participant's benefit under subsection (b)l.B. of this section 8 [908], except that the two added years of service shall not increase the participant's credited years of service to a total higher than thirty (30) years. A participant who satisfies all criteria and requirements for the 2010 Retirement-Plus Incentive may, in his timely-submitted 2010 Retirement Incentive Application, elect to receive 0%, 10%, or 25% of the actuarial present value of the total retirement benefit described above in this paragraph as a lump sum payment in 2010; however, if such a participant receives 10% or 25% of the actuarial present value of that retirement benefit as a lump sum payment in 2010, then the participant's monthly retirement benefit amount shall be reduced based on the 10% or 25% reduction in the actuarial present value of the amount remaining to be paid out to the participant. A participant who satisfies all criteria and requirements for the 2010 Retirement-Plus Incentive shall also receive, after his retirement date, a lump sum retirement benefit from the pension fund in an amount equal to the net value of the participant's unused accumulated annual leave (up to 60 days) at his regular rate of pay, plus one of the following two amounts, whichever is larger: the net value of twenty-five days of annual leave at the participant's regular rate of pay, or 50% of the net value of the participant's unused accumulated annual leave (up to 60 days) at his regular rate of pay. Because a participant who satisfies all criteria and requirements for the 2010 Retirement-Plus Incentive shall receive, from the pension find, the retirement benefit described in the previous sentence, such a participant shall not be eligible to receive payment from any other source for any amount of unused accumulated annual leave. Some

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participants who are eligible to receive the 2010 Retirement-Plus Incentive may be deemed "Key Employees" because their retirement on May 31, 2010, would cause a substantial business hardship for the County. The chief executive officer or another elected county officer may defer the retirement date of a Key Employee under his supervision for up to three (3) months after May 31, 2010 if that Key Employee agrees in writing, before May 31, 2010, to accept the deferred retirement date. A Key Employee who agrees to accept a deferred retirement date shall not be paid any retirement benefit under this paragraph until after his deferred retirement date.

PART II.

All laws or parts of laws in conflict with this Ordinance are hereby repealed.

PART III.

Should any part, portion, or paragraph of this Ordinance be declared unconstitutional or void by a court of competent jurisdiction, such declaration shall not affect the remaining portions of this ordinance not so declared to be invalid, but the same shall remain in full force and effect as if separately adopted.

PART IV.

This ordinance shall be presented to the Board of Commissioners of DeKalb County, Georgia for adoption at two regular, consecutive meetings of the County Commissioners, held not less than seven (7) nor more than sixty (60) days apart after notice containing a synopsis of the proposed amendment shall have been published in the official organ of DeKalb County once a week for three (3) weeks within a period of sixty (60) days immediately preceding its final adoption, such notice stating that a copy of the proposed amendment is on file in the office of the Clerk of Superior Court of DeKalb County for the purpose of examination and inspection by the public.

PART V.

This Ordinance shall be first presented to the Board of Commissioners of DeKalb County, Georgia on the 26th day of January, 2010, and again on the 9th day of February, 2010, at the regular time and place of the meeting of the Board of Commissioners of DeKalb County, Georgia.

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A copy of this ordinance shall be filed with the Clerk of the DeKalb County Superior Court for the purpose of examination and inspection by the public, along with sufficient copies of same for distribution to those members of the public.

PART VII.

The provisions of this ordinance shall become effective when a copy of this ordinance, a copy of the required notice of publication, and an affidavit of a duly authorized representative of the newspaper in which such notice was published are filed with the Secretary of State.

ADOPTED by the DeKalb County Board of Commissioners this 9th day of February, 2010.

s/ LARRY JOHNSON LARRY JOHNSON, MPH
Presiding Officer Board of Commissioners DeKalb County, Georgia

APPROVED by the Chief Executive Officer of DeKalb County, Georgia this 11th day of February, 2010.

ATTEST: s/ BARBARA H. SANDERS BARBARA H. SANDERS CCC Clerk to the Board of Commissioners and Chief Executive Officer DeKalb County, Georgia

s/ BURRELL ELLIS W. BURRELL ELLIS, Jr.
Chief Executive Officer DeKalb County, Georgia

APPROVED AS TO SUBSTANCE: s/ MICHAEL J. BELL Michael J. Bell Director of Finance DeKalb County, Georgia

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s/ Joe E. STONE Joe E. Stone Director, Human Resources and Merit System Department DeKalb County, Georgia

APPROVED AS TO FORM: s/ L. E. CHANG Lisa E. Change County Attorney DeKalb County, Georgia

I, the undersigned, BARBARA H. SANDERS Clerk of the Board of Commissioners, DeKalb County, Georgia, DO HEREBY CERTIFY that the foregoing is a true and correct copy of an ordinance adopted by said Board meeting lawfully assembled on this 9th day of Feb, 2010.

And same appears in Minutes of said Board this day of 17th, Feb, 2010.

s/ BARBARA H. SANDERS Clerk of Commissioners DeKalb County, Georgia

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, CERTAIN RETIREMENT INCENTIVES was published in said newspaper on the following date(s):

01/21/10, 01/28/10, 02/04/10

s/ CAROLYN JENNIGAN GLENN CAROLYN J. GLENN, PUBLISHER

GEORGIA LAWS 2010 SESSION Sworn to and subscribed before me this 02/18/10.

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s/ JACQUELINE BRYANT Notary Public My commission expires September 22, 2010 THE OFFICIAL LEGAL ORGAN OF DEKALB COUNTY

[SEAL]

PUBLIC NOTICE The public is hereby notified that action is underway by the DeKalb County Board of Commissioners to amend certain provisions of a local act of the General Assembly (1962 Ga. Laws p. 3088; et seq., as amended) relating to the creation of the DeKalb County Pension Board. Specifically, the amendment provides for certain retirement incentives to be offered to eligible participants in 2010.

The public is hereby further notified that this amendment will be considered by the DeKalb County Board of Commissioners at the regular January 26, 2010, and February 9, 2010 meetings.

Pursuant to the provisions of the Home Rule for Counties Amendment of the Georgia Constitution, it is necessary for the Board of Commissioners to adopt an ordinance containing an amendment to a local act of the General Assembly at two consecutive meetings held not less than seven (7) nor more then sixty (60) days apart.

The public is hereby further notified that a copy of said proposed ordinance is on file with the Clerk of DeKalb County Superior Court, DeKalb County Courthouse, Decatur, Georgia, for public examination and inspection, and that upon written request copies are available from the Clerk for interested members of the public.

Filed in the Office of the Secretary of State February 19, 2010. __________

BUTTS COUNTY PURCHASING; BIDS.

ORDINANCE NO.

AN ORDINANCE TO AMEND ARTICLE I, SECTION 11 OF THE BUTTS COUNTY CODE RELATING TO BIDDING PROCEDURES SO AS TO INCREASE THE AMOUNT FOR WHICH BIDS SHALL BE REQUIRED AND TO ESTABLISH A LOCAL VENDOR PRIVILEGE, SAID AMENDMENT ENACTED UNDER THE HOME RULE POWERS SET FORTH AT ART. I, SEC. 2, PAR. 1 (b) (1) OF THE GEORGIA CONSTITUTION

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WHEREAS, Article I, Section 11 of the Butts County Code, as adopted by the Georgia General Assembly by local act, presently requires that all purchases in excess of $5,000.00 shall be put out for bid; and

WHEREAS, said amount of $5,000.00 was established in the 1970s; and

WHEREAS, due to inflation and the increase in the number of routine purchases Butts County is required to make it is no longer practical or efficient to bid out all purchases in excess of $5,000.00; and

WHEREAS, state law presently provides that all public works contracts in excess of $20,000 are required to be put to bid; and

WHEREAS, the governing authority of Butts County has determined that it would be reasonable and more efficient to establish $20,000.00 as the minimum amount at which bids shall be required; and

WHEREAS, the governing authority of Butts County has determined that it is desirable to conduct business with local vendors who contribute to the local tax base, and therefore local vendors should be given a privilege to match the low bid of any non-local vendors under specified conditions; and

WHEREAS, Article I, Section 2, Paragraph 1 (b)(l) of the Georgia Constitution, entitled "Home Rule for Counties," authorizes the governing authority of Butts County to amend its Code as specified herein, and the governing authority of the County has elected to do so;

NOW, THEREFORE, it is hereby ORDAINED by the Butts County Board of Commissioners that Article I, Section 11 of the Butts County Code is hereby amended so as to increase the minimum amount at which bids shall be required to $15,000.00, and to establish a Local Vendor Privilege; the text of said amendments is set forth in the attachment to this Ordinance (the amended language appearing in bold face and underscored letters, and the language being replaced appearing in red letters), and the same is hereby expressly incorporated by reference herein.

Pursuant to the Home Rule Powers of Butts County, this Ordinance was approved on first reading at the regular meeting of the Butts County Board of Commissioners held on November 9, 2009; it shall be advertised in the legal organ of the county for three weeks following said meeting; a copy of this Ordinance and the attachment thereto shall be placed on file with the Clerk of the Superior Court; and the Ordinance shall be considered for a second reading and final adoption at the regular December 14, 2009 meeting of the Butts County Board of Commissioners. Upon final adoption a certified copy of this Ordinance,

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the minutes of the meetings at which it was adopted, copies of the advertisements placed in the legal organ of the county, and a publisher's affidavit, shall be transmitted by the County Clerk to the Georgia Secretary of State.

SO ORDAINED, this 9th day of November, 2009.

BUTTS COUNTY BOARD OF COMMISSIONERS

s/ MITCHELL McEWEN Mitchell M. MeEwen, Chairman

s/ ROBERT L. HENDERSON SR. Robert L. Henderson., Commissioner

s/ ROGER D. McDANIEL Roger D. McDaniel, Vice Chairman

s/ G. S. HODGES G. S. "Gator" Hodges, Commissioner

ATTEST: s/ JESSICA REYNOLDS Jessica E. Reynolds, County Clerk Notary Public, Butts County, Georgia My Commission Expires January 24, 2012

FIRST READING: November 9, 2009 SECOND READING AND ADOPTION: December 14, 2009

Sec. 11. Bidding procedures for amounts over $15,000.00

In all transactions of said Board involving the funds of the county where the amount of goods, merchandise, materials or equipment to be bought or sold amounts to more than $15,000.00 the Board shall, before selling or buying the same, advertise for bids upon the bulletin board in the county administration building of Butts County, and at least once in the official county organ, at least ten days before contracts are to be let or awarded. When bids are opened, the contracts shall be let or awarded to the best and lowest bidder, but the Board shall have the right to reject any and all bids, and to re-advertise for further bids in the manner above provided. The Board shall, in its discretion, have the authority to review and scrutinize all bids received and to decide to accept a bid received other than the bid containing the lowest price or value if it is determined that another bid received should be accepted as being in the best interest of Butts County. Before any contract is let or awarded to any person, firm or corporation for the sale or purchase of goods, wares or merchandise involving the expenditure of more than $15,000.00 there must have been at least two bids of record with the Board. The Board shall, in its discretion, be authorized to conclude that, due to the nature of a particular item's being bid upon or to such other reasonable factors; it is not feasible to expect to receive more than one bid for a particular purchase. In such event, the

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board shall have the authority to let a purchasing contract for any such item notwithstanding the failure to receive at least two bids. All bids whether accepted or rejected shall be filed for permanent record. Notwithstanding any of the restrictions as set forth in the foregoing Sections and provisions of this Act, the said Governing Authority shall have the authority in making such expenditures of county funds in keeping all county-owned equipment, motor vehicles, machinery and other property in proper repair, and in furnishing county officers with the necessary equipment, supplies and fixtures for their respective departments for the efficient and proper operation, including office equipment for the Governing Authority, without the necessary [necessity] of securing bids. (1971 Ga. Laws, page 3566, 1; 1974 Ga. Laws, page 2990, 2; 1992 Ga. Laws, page 7064, 1)

Sec. 11A Local Vendor Privilege

(a) Butts County has established a local vendor privilege. Bids or proposals awarded to local vendors contribute to the local tax base and will therefore be given special consideration when bidding against vendors out of local county jurisdiction. Bids or proposals received from local vendors will be given preference if such bid or proposal is responsive to bid requirements and within five (5) percent of the low bid submitted by any out-of-county bidder. In such instance, the local vendor will be given the opportunity to match the low bid offered by the out-of-county vendor. If the local vendor agrees to match the lowest bidder within a time specified by the County. the bid shall be awarded to the local vendor.

(b) A local vendor shall be eligible to receive the benefit of this privilege if it meets each of the following requirements prior too any award of a contract or purchase:

i. The vendor must operate and maintain a regular place of business within the geographical boundaries of Butts County; and ii. The vendor must have a current Occupational Tax Certificate; and iii. The vendor must have paid all real and personal taxes owed the County; and iv. The vendor must certify its compliance with the Georgia Security and Immigration Act.

(c). This policy shall not apply to any bid or proposal for material, equipment or services in excess of $100,000.00. In such case, the local vendor privilege shall not apply.

GEORGIA LAWS 2010 SESSION
IN THE SUPERIOR COURT OF BUTTS COUNTY STATE OF GEORGIA

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RE: Notice of Amendment to Local Act Establishing the Butts County Board of Commissioners

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.

1. That Affiant is Bonnie Pratt

2. Affiant is Publisher of the Jackson Progress-Argus.

3. Afflant states on oath that the attached notice was published in the following editions of the Jackson Progress-Argus newspaper:

November 18, 2009, November 25, 2009, December 2, 2009

AFFIANT FURTHER SAITH NAUGHT.

JACKSON PROGRESS-ARGUS BY: s/ BONNIE D. PRATT

Sworn to and subscribed before me This 9 day of March, 2010. s/ BEVERLY HARRIS-WALKER Beverly Harris-Walker

NOTARY PUBLIC, STATE OF GA MY COMMISSION EXPIRES:26 March 2011 (NOTARY SEAL)

Beverly Harris Walker Notary of Butts County, Georgia My Notary expires March 26, 2011

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COUNTY HOME RULE ORDINANCES
NOTICE OF AMENDMENT TO LOCAL ACT ESTABLISHING THE BUTTS COUNTY BOARD OF COMMISSIONERS

The Butts County Board of Commissioners, pursuant to the Home Rule powers granted under the Georgia Constitution, will amend Article l, Section 11 of the Butts County Code, as originally enacted by local act of the Georgia General Assembly, so as to provide that all purchases in excess of $20,000.00 shall be put out for bid (the law presently requires purchases in excess of $5,000.00 to be put out for bid), and to create a local vendor privilege that will allow local businesses the opportunity to match the low bid of non-local businesses under specified conditions (presently there is no local vendor privilege). A copy of the full text of these amendments is on file at the office of the Clerk of the Superior Court of Butts County and at the office of the Butts County Board of Commissioners, and is available for public inspection. These amendments were first read at the Butts County Board of Commissioners regular meeting held on November 9, 2009, and will be considered for final adoption at the regular meeting of the Butts County Board of Commissioners to be held on December 14, 2009.

Filed in the Office of the Secretary of State March 11, 2010. __________

CLAYTON COUNTY RETIREMENT SYSTEM; BENEFICIARIES.

STATE OF GEORGIA COUNTY OF CLAYTON

ORDINANCE NO. 2010- 49

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 ALLOW MARRIED PARTICIPANTS TO NAME A BENEFICIARY OTHER THAN THE PARTICIPANT'S SPOUSE FOR DEATH BENEFITS UNDER THE PLAN; TO REPEAL CONFLICTING LAWS, ORDINANCES AND RESOLUTIONS; TO PROVIDE AN EFFECTIVE DATE OF THIS ORDINANCE; AND FOR OTHER PURPOSES.

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WHEREAS, Clayton County and the Clayton County Water Authority maintain the Clayton County, Georgia Public Employee Retirement System (Pension Plan) (the "Plan") by an Act of the General Assembly of the State of Georgia, which originally became effective as of July 1, 1971;

WHEREAS, the Plan was amended and restated by Ordinance No. 2009-33 of the Clayton County Code of Ordinances; and

WHEREAS, the Board of Commissioners now desires to amend the Plan to allow married participants to name a beneficiary other than the participant's spouse for death benefits under the Plan;

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 March 1, 2010, except as otherwise provided herein, in the following particulars:

1. By deleting the existing Section 4.2 and substituting therefor the following:

"4.2 (a) If a Participant dies while employed by a Plan Sponsor (i) after reaching Normal Retirement Age or (ii) prior to reaching Normal Retirement Age, but either (A) in the performance of his duties for a Plan Sponsor or (B) on or after attaining age 50 and completing at least seven (7) years of Vesting Service, the Participant's Beneficiary shall receive a death benefit commencing as of the first day of the month immediately following the date of the Participant's death in the form which would have been payable to the Beneficiary if the Participant had:

(1) separated from service immediately prior to his date of death;

(2) if the Participant was married at the time of his death and the Participant's Beneficiary is his spouse, elected to receive a distribution in the form of a contingent annuity under which the reduced monthly benefit payments are made to the Participant during his lifetime and following his death are continued to his spouse in an amount equal to fifty percent (50%) of the monthly payments to the Participant or, if the Participant was not then married or the Participant's Beneficiary is not his spouse, elected to receive a Normal Fund Payment; and

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(3) died immediately thereafter.

Any death benefits payable under this Section 4.2(a) shall not be actuarially reduced for their commencement prior to the Participant's Normal Retirement Age. In addition, the Beneficiary of a Participant eligible for death benefits under this Section 4.2(a) may elect, in lieu of the form of death benefit payment described in Clause (2) of this Section 4.2(a), to receive the Actuarial Equivalent of such death benefits in a lump sum payment in cash;

(b) if a Participant dies while employed by a Plan Sponsor, other than in the performance of his duties for a Plan Sponsor and prior to attaining age fifty (50), but after completing at least seven (7) years of Vesting Service, the Participant's Beneficiary shall receive a death benefit in the form set forth below commencing as of the first day of the month following the date on which the Participant would have first attained Normal Retirement Age or Early Retirement Age, if otherwise eligible, if the Participant had:

(1) separated from service immediately prior to his date of death;

(2) survived until his Normal Retirement Age or Early Retirement Age, whichever date would have been the first to occur;

(3) if the Participant was married at the time of his death and the Participant's Beneficiary is his spouse, elected to receive a distribution in the form of a contingent annuity under which the reduced monthly benefits payments are made to the Participant during his lifetime and following his death are continued to his spouse in an amount equal to fifty percent (50%) of the monthly payments to the Participant or, if the Participant was not then married or the Participant's Beneficiary is not his spouse, elected to receive a Normal Fund Payment; and

(4) died immediately thereafter; or

(c) if a Participant terminates employment after completing at least seven (7) years of Vesting Service, but prior to age 50, and subsequently dies prior to commencement of payment of benefits under the Plan, the Participant's Beneficiary shall receive a death benefit in the form set forth below, commencing as of the first day of the month following the date on which the Participant would have first attained Normal Retirement Age or Early Retirement Age, if otherwise eligible, if the Participant had:

(1) retired immediately prior to his date of death;

(2) survived until his Normal Retirement Age or Early Retirement Age, whichever date would have been the first to occur;

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(3) if the Participant was married at the time of his death and the Participant's Beneficiary is his spouse, elected to receive a distribution in the form of a contingent annuity under which the reduced monthly benefit payments are made to the Participant during his lifetime and, following his death, are continued to his spouse in an amount equal to fifty percent (50%) of the monthly payments to the Participant or, if the Participant was not then married or the Participant's Beneficiary is not his spouse, elected to receive a Normal Fund Payment; and

(4) died immediately thereafter."

2. By deleting the existing Section 4.5 and substituting therefor the following:

"4.5 Notwithstanding anything to the contrary in this Section 4, if the Participant's vested Accrued Benefit has a present value Actuarial Equivalent of $5,000 or less, any benefits payable to a Beneficiary described in this Section shall be paid in the form of a lump sum payment in cash."

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 generally effective as of the dates provided herein upon its approval by the Board of Commissioners after the second reading of the 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 2nd day of March, 2010.

CLAYTON COUNTY BOARD OF COMMISSIONERS

s/ ELDRIN BELL ELDRIN BELL, CHAIRMAN

s/ W. RALPH WOLE RALPH, COMMISSIONER

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s/ G. B. HAMBRICK GAIL B. HAMBRICK, COMMISSIONER

s/ SONNA SINGLETON SONNA SINGLETON, COMMISSIONER

(Absent) MICHAEL EDMONDSON, COMMISSIONER

ATTEST: s/ SHELBY D. HAYWOOD SHEBY D. HAYWOOD, CLERK

ORDINANCE 2010-49

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 February 16, 2010 with the following members present and accepting in favor of same by general consensus: Chairman Eldrin Bell, Vice-Chairman Wole Ralph, Commissioner Sonna Singleton, Commissioner Michael Edmondson, and the Commissioner Gail B. Hambrick.

s/ SHELBY D. HAYWOOD SHELBY D. HAYWOOD, CLERK
CLAYTON COUNTY BOARD OF COMMISSIONERS

The second reading of the above and foregoing Ordinance was held at the Regular Business meeting of the Board of County Commissioners of Clayton County on March 2, 2010 with the following members present and voting for adoption in favor of same: Chairman Eldrin Bell, Vice-Chairman Wole Ralph, Commissioner Sonna Singleton, Commissioner Michael Edmondson, and Commissioner Gail B. Harnbrick. Vote unanimous.

s/ SHELBY D. HAYWOOD SHELBY D. HAYWOOD, CLERK
CLAYTON COUNTY BOARD OF COMMISSIONERS

Having been read during the Regular Business Meeting of the Board of Commissioners of Clayton County on February 16, 2010 and the Regular Business Meeting on March 2, 2010, Ordinance 2010-49 was adopted at the Regular Business Meeting of March 2, 2010. The following members were present on March 2, 2010 and voted in favor to adopt Ordinance

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2010-49: Chairman Eldrin Bell, Vice-Chairman Wole Ralph, Commissioner Sonna Singleton, Commissioner Michael Edmondson, and Commissioner Gail B. Hambrick. Vote unanimous.

s/ SHELBY D. HAYWOOD SHELBY D. HAYWOOD, CLERK
CLAYTON COUNTY BOARD OF COMMISSIONERS

ATTEST:

s/ SHELBY D. HAYWOOD SHELBY D. HAYWWOOD CLERK OF THE COMMISSION March 3, 2010 (SEAL)

State of Georgia County of Clayton

Personally appeared before the undersigned, Suzette Haynes, who after being first duly sworn states that she is the Advertising Account Assistant for the Clayton News Daily, official legal organ of Clayton County, Georgia, and that upon her own personal knowledge she knows that the advertisement, a true copy of which is hereto annexed, was published in said newspaper of general circulation on the following dates: February 09, 2010, February 16, 2010 and February 23, 2010

s/ SUZETTE HAYNES Suzette Haynes, Affiant

Sworn to and subscribed before me this the 03rd day of March 2010. s/ RITA M. CAMP Signed Rita M. Camp, Notary Public My Commission expires November 23, 2012

[SEAL]

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COUNTY HOME RULE ORDINANCES

NOTICE OF INTENTION TO CONSIDER AN ORDINANCE AMENDING THE CODE OF ORDINANCES AS IT RELATES TO THE CLAYTON COUNTY, GEORGIA PUBLIC EMPLOYEE RETIREMENT SYSTEM

Notice is hereby given that the Clayton County Board of Commissioners will consider an Ordinance proposed under the Home Rule Powers granted to Clayton County, Georgia pursuant to the Constitution of the State of Georgia of 1983. The Ordinance relates to the Clayton County, Georgia Public Employee Retirement System (Pension Plan) and allows married participants to name a beneficiary other than the participant's spouse for death benefits under the Plan. The ordinance further repeals conflicting laws, ordinance and resolutions; provides an effective date; and other purposes.

The Ordinance will be considered in a first reading by the Board of Commissioners during its regularly scheduled meeting commencing at 7:00 p.m. on February 16, 2010, and subsequently considered for adoption following a second reading during its regularly scheduled meeting commencing at 7:00 p.m. on March 2, 2010, in the Commissioners' Board Room located at 112 Smith Street, Jonesboro, Georgia. A copy of the proposed Ordinance is on file in the Office of the Clerk of the Superior Court of Clayton County for the purpose examination and inspection by the public. The Clerk of the Superior Court will furnish anyone, upon written request, a copy of the proposed Ordinance. The Ordinance may also be reviewed and copied at the Clayton County Commissioners' Office located at 112 Smith Street, Jonesboro, Georgia. Questions may be directed to Michael L. Smith, Esq. Chief Staff Attorney at Clayton County Commissioners' Office or by telephone at 770-477-3207.

Filed in the Office of the Secretary of State March 15, 2010. __________

RABUN COUNTY NEW CODE.

ORDINANCE NO.

AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR RABUN COUNTY, GEORGIA; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE.

BE IT ORDAINED BY THE BOARD OF COMMISSIONERS:

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Section1. The Code entitled "The Code of Rabun County, Georgia," published by Municipal Code Corporation, consisting of chapters 1 through 56, each inclusive, is adopted.

Section 2. All ordinances of a general and permanent nature enacted on or before July 28, 2009, and not included in the Code or recognized and continued in force by reference therein, are repealed.

Section 3. The repeal provided for in section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance.

Section 4. Unless another penalty is expressly provided, every person convicted of a violation of any provision of the Code or any ordinance, rule or regulation adopted or issued in pursuance thereof shall be punished by a fine not exceeding $1,000.00 and imprisonment not exceeding 90 days. Each act of violation and each day upon which any such violation shall continue or occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any Code section, whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the county may pursue other remedies such as abatement of nuisances, injunctive relief and revocation of licenses or permits.

Section 5. Additions or amendments to the Code when passed in such form as to indicate the intention of the county to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments.

Section 6. Ordinances adopted after July 28,2009, that amend or refer to ordinances that have been codified in the Code shall be construed as if they amend or refer to like provisions of the Code.

Section 7. This ordinance shall become effective March 23, 2010

Placed on First Reading at Regular Meeting on the 23rd Day Of February, 2010. Placed on Final Hearing and Adopted on the 23rd Day of March, 2010.

Rabun County Board of Commissioners:

s/ VIRGIL L. KILBY Virgil Kilby, Chairman

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COUNTY HOME RULE ORDINANCES
s/ KATHERYN GRANBERG Katheryn Granberg

s/ TOM GARRISON Tom Garrison

s/ WILL NICHOLS Will Nichols

s/ MAX WATTS Max Watts

Attest: s/ Debra J. Jacobs Debra Jacobs, Clerk, Rabun County Board of Commissioners

NOTICE OF PUBLIC HEARING 2ND READING OF AN AMENDMENT TO THE 2007 RABUN COUNTY OFFICIAL
ZONING ORDINANCE AND SUBDIVISION REGULATIONS RABUN COUNTY, GEORGIA

Please take notice that the Rabun County Board of Commissioners will conduct a public hearing on a proposed amendment to the 2007 RABUN COUNTY OFFICIAL ZONING ORDINANCE AND SUBDIVISION REGULATIONS. The public hearing will take place at 5:00 p.m. on Tuesday, March 23, 2010, in the court room of the Rabun County Courthouse, 25 Courthouse Square, Clayton, Georgia, 30525. After said public hearing, the Rabun County Board of Commissioners will convene their regular monthly meeting at 6:00 p.m. on said Tuesday, March 23, 2010, in the same court room of the Rabun County Courthouse, 25 Courthouse Square, Clayton, Georgia, 30525 for the purpose of, among other things, having the second and final reading and approval of the proposed amendment to the 2007 RABUN COUNTY OFFICIAL ZONING ORDINANCE AND SUBDIVISION REGULATIONS.

The purpose of the aforesaid hearing at 5:00pm on Tuesday, March 23, 2010, in the court room of the Rabun County Courthouse, 25 Courthouse Square, Clayton, Georgia, 30525 is to discuss, consider and receive public input concerning the proposed amendment to the 2007 RABUN COUNTY OFFICIAL ZONING ORDINANCE AND SUBDIVISION REGULATIONS which pertains to:

AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR RABUN COUNTY, GEORGIA; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES

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NOT INCLUDED THEREIN; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE.

The first reading of the proposed amendment to the 2007 RABUN COUNTY OFFICIAL ZONING ORDINANCE AND SUBDIVISION REGULATIONS was approved by the Board of Commissioners at its February 23, 2010, regular meeting, after consideration by and recommendation of the Rabun County Planning Commission.

Interested individuals may review the proposed amendment to the 2007 RABUN COUNTY OFFICIAL ZONING ORDINANCE AND SUBDIVISION REGULATIONS by contacting the Clerk of the Rabun County Board of Commissioners or the County Administrator in the Office of the Rabun County Board of Commissioners, Suite 201,25 Courthouse Square, Suite 201, Clayton, Georgia, 30525. Information about the.proposed amendment to the 2007 RABUN COUNTY OFFICIAL ZONING ORDINANCE AND SUBDIVISION REGULATIONS is also posted on the county's official website at http://www.rabuncountygov.com/

AFFIDAVIT OF PUBLICATION

STATE OF GEORGIA COUNTY OF RABUN

Personally appeared before the undersigned, Stephen T. Meadows, who, having been duly sworn, on oath that he is the Publisher of The Clayton Tribune, and that the legal advertisement for: Notice of County Ordinance PO # 28190 was published in The Clayton Tribune on the following dates:

March 04, 2010 March 11, 2010 March 18, 2010

s/ STEPHEN MEADOWS Affiant

Sworn to and subscribed before me this 19th day of March, 2010

s/ DAVID L. HOLT Notary Public RABUN COUNTY, GEORGIA

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COUNTY HOME RULE ORDINANCES
DAVID LEE HOLT NOTARY PUBLIC RABUN COUNTY, GEORGIA MY COMM. EXPIRES 9/30/3012

NOTICE OF COUNTY ORDINANCE Notice is hereby given that the Rabun County Board of Commissioners shall consider at it's regular monthly meeting to be held at 6:00 p.m. on Tuesday, March 23, 2010, in the court room of the Rabun County Courthouse, 25 Courthouse Square, Clayton, Georgia 30525 on the second reading; the adoption of an ordinance. This ordinance pertains to: An ordinance adopting and enacting a new code for Rabun County, Georgia; providing for the repeal of certain ordinances not included therein; providing a penalty for the violation thereof; providing for the manner of amending such code; and providing when such code and this ordinance shall become effective. A copy of said ordinance is on file for public inspection at the Office of the Clerk of Rabun County Superior Court for the purpose of examination and inspection by the public and also at the Office of the Clerk of Rabun County Commissioners, Rabun County Courthouse, Clayton, Georgia.

Filed in the Office of the Secretary of State April 21, 2010. __________

MILLER COUNTY BOARD OF COMMISSIONERS; MEETING DATES; SIGNATURES ON CHECKS; INTERESTS IN CONTRACTS.

ORDINANCE NO. 10-01

AN ORDINANCE TO AMEND SECTIONS 7, 10 AND 14 OF THE LOCAL ACT CREATING THE MILLER COUNTY BOARD OF COMMISSIONERS RELATING TO MEETING DATES, CHECK SIGNATURES AND INTERESTS IN CONTRACTS, SAID AMENDMENT ENACTED UNDER THE HOME
RULE POWERS SET FORTH AT ART. I, SEC. 2, PAR. 1 (b) (1) OF THE GEORGIA CONSTITUTION

WHEREAS, Section 7 of the Local Act creating the Miller County Board of Commissioners, as adopted by the Georgia General Assembly in 1983, presently provides that the Board shall hold regular meetings on the first Tuesday of each month at the county courthouse; and

WHEREAS, Section 10 of the Local Act creating the Miller County Board of Commissioners, as adopted by the Georgia General Assembly in 1983, presently provides that all county checks are to be signed by the Chairman of the Board and the County Clerk; and

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WHEREAS, Section 14 of the Local Act creating the Miller County Board of Commissioners, as adopted by the Georgia General Assembly in 1983, presently provides that no county officer may have an interest in any contract to which the county is a party; and

WHEREAS, the governing authority of Miller County has determined from its experience under said provisions that certain amendments thereto would provide for more effective local government; and

WHEREAS, the governing authority of Miller County has determined that it would be reasonable and more efficient for the Board of Commissioners to set its own meeting schedule and for said meetings to take place at the County Administration Building; and

WHEREAS, the governing authority of Miller County has determined that it is desirable to add the Chair of the Finance Committee of the Board of Commissioners as an authorized signature on all county checks; and

WHEREAS, the governing authority of Miller County has determined that under specified conditions it would be in the public interest for the County to enter into contracts in which a member of the Board of Commissioners has a financial interest, where doing so would result in a savings to the taxpayers; and

WHEREAS, Article I, Section 2, Paragraph 1 (b)(l) of the Georgia Constitution, entitled "Home Rule for Counties," authorizes the governing authority of Miller County to amend the Local Act creating the Miller County Board of Commissioners as specified herein, and the governing authority of the County has elected to do so;

NOW, THEREFORE, it is hereby ORDAINED by the Miller County Board of Commissioners as follows:

1.

Section 7 of the Local Act of 1983 creating the Miller County Board of Commissioners (1983 Ga. Laws 4594, 4600 (Local and Special Acts, Vol. II)) is hereby stricken in its entirety and amended to read as follows:

"Section 7. Meetings. The board shall hold regular meetings according to a schedule adopted by the board during the first meeting in January of each year, with said schedule being subject to amendment by the board at any regular meeting thereof. Notice of the board's meeting schedule shall be prominently displayed at the County Administration Building and shall be provided to the legal organ of the County for publication. Meetings of the board shall take place at the County Administration Building or at such other

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location designated by the board. All meetings, with the exception of executive sessions, shall be open to the public. The board may hold special meetings as may be necessary when called by the chairman or any two members of the board. All members of the board must be notified at least one day in advance of any special meeting. No official action shall be taken by the board except at a meeting which is open to the public. Three members of the board shall constitute a quorum, and a majority of a quorum may transact any business which may come before the board. The chairman shall be entitled to the same voting rights as other members of the board on any business transacted by the board."

2.

Section 10 of the Local Act of 1983 creating the Miller County Board of Commissioners (1983 Ga. Laws 4594, 4601 (Local and Special Acts, Vol. II)) is hereby amended so at to strike the last sentence thereof and to add the following sentence at the end of Section 10:

"All bills shall be paid by check which shall be signed by at least two (2) of the following officials: the chairman, the chair of the board of commissioners finance committee, or the county clerk; in the absence of the chairman the vice-chairman shall also be authorized to sign checks."

3.

Section 14 of the Local Act of 1983 creating the Miller County Board of Commissioners (1983 Ga. Laws 4594, 4603 (Local and Special Acts, Vol. II)) is hereby amended so as to add the following sentences at the end of said Section:

"Provided, however, that this Section shall not apply to any contract or transaction in which the county receives goods, services or property cheaper or as cheaply as the goods, services or property can be obtained elsewhere. In order for this exception to apply a majority of the board of commissioners, excluding the commissioner who has an interest in the contract or transaction, must approve the contract or transaction. The minutes of the meeting at which such approval takes place shall affirmatively establish that the goods, services or property cannot be obtained for less and that the taxpayers' interests would be served by entering into the contract or transaction in which the commissioner has an interest. Contracts or transactions approved under this exception shall not be void or illegal and the commissioner having an interest therein shall not be deemed to have violated this Section."

Pursuant to the Home Rule Powers of Miller County, this Ordinance was approved on first reading at the regular meeting of the Miller County Board of Commissioners held on 3/8/10; it shall be advertised in the legal organ of the county for three weeks following said meeting;

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a copy of this Ordinance shall be placed on file with the Clerk of the Superior Court; and the Ordinance shall be considered for a second reading and final adoption at the regular 4/12/10 meeting of the Miller County Board of Commissioners. Upon final adoption a certified copy of this Ordinance, the minutes of the meetings at which it was adopted, copies of the advertisements placed in the legal organ of the county, and a publisher's affidavit, shall be transmitted by the County Clerk to the Georgia Secretary of State.

SO ORDAINED, this 12th day of April 12, 2010

MILLER COUNTY BOARD OF COMMISSIONERS

s/ BARBIE WOMBLE Barbie Womble, Chairman

s/ JIMMY HAYWOOD Jimmy Haywood

s/ G. C. JINKS, JR G. C. Jinks

s/ WALLACE PHILLIPS Wallace Phillips

s/ FRANKIE C. PHILLIPS Frankie C. Phillips

Attest: s/ DEBORAH PEARCE Deborah Pearce, County Clerk

FIRST READING: March 8, 2010 SECOND READING AND ADOPTION: April 12, 2010

County Seal

I, DEBORAH PEARCE, County Clerk of Miller County Board of Commissioners, do hereby certify that this is a true and exact copy of the original document that is identified as "ORDINANCE NO. 10-01" adopted by the Miller County Board of Commissioners on April 12, 2010.

ATTEST: s/ DEBORAH PEARCE

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COUNTY HOME RULE ORDINANCES AFFIDAVIT OF PUBLICATION

State of Georgia County of Miller

Terry Toole, being sworn, deposes and says that he is the editor and publisher of the Miller County Liberal, the legal organ of Miller County, and the City of Colquitt, and the attached ordinance was published 3 week/s in the Miller County Liberal, and the first publication was 3/10/10. Subsequent runs were made 3/17/10 and 3/24/10.

s/ TERRY TOOLE Terry Toole, editor & publisher

Sworn to and subscribed before me this 20th day of April, 2010.

s/ WANDA GRIFFIN Notary public [SEAL]

ORDINANCE NO. 10-01

AN ORDINANCE TO AMEND SECTIONS 7, 10 AND 14 OF THE LOCAL ACT CREATING THE MILLER COUNTY BOARD OF COMMISSIONERS RELATING TO MEETING DATES, CHECK SIGNATURES AND INTERESTS IN CONTRACTS, SAID AMENDMENT ENACTED UNDER THE HOME RULE POWERS SET FORTH AT ART. I, SEC. 2, PAR. 1 (b) (1) OF THE GEORGIA CONSTITUTION

WHEREAS, Section 7 of the Local Act creating the Miller County Board of Commissioners, as adopted by the Georgia General Assembly in 1983, presently provides that the Board shall hold regular meetings on the first Tuesday of each month at the county courthouse; and

WHEREAS, Section 10 of the Local Act creating the Miller County Board of Commissioners, as adopted by the Georgia General Assembly in 1983, presently provides that all county checks are to be signed by the Chairman of the Board and the County Clerk; and

WHEREAS, Section 14 of the Local Act creating the Miller County Board of Commissioners, as adopted by the General Assembly in 1983, presently provides that no county officer may have an interest in any contract to which the county is a party; and

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WHEREAS, the governing authority of Miller County has determined from its experience under said provisions that certain amendments thereto would provide for more effective local government; and

WHEREAS, the governing authority of Miller County has determined that it would be reasonable and more efficient for the Board of Commissioners to set its own meeting schedule and for said meetings to take place at the County Administration Building; and

WHEREAS, the governing authority of Miller County has determined that it is desirable to add the Chair of the Finance Committee of the Board of Commissioners as an authorized signature on all county checks; and

WHEREAS, the governing authority of Miller County has determined that under specified conditions it would be in the public interest for the County to enter into contracts in which a member of the Board of Commissioners has a financial interest, where doing so would result in a savings to the taxpayers; and

WHEREAS, Article I, Section 2, Paragraph 1 (b)(1) of the Georgia Constitution, entitled "Home Rule for Counties," authorizes the governing authority of Miller County to amend the Local Act creating the Miller County Board of Commissioners as specified herein, and the governing authority of the County has elected to do so;

NOW, THEREFORE, it is hereby ORDAINED by the Miller County Board of Commissioners as follows:

1. Section 7 of the Local Act of 1983 creating the Miller County Board of Commissioners (1983 Ga. Laws 4594, 4600 (Local and Special Acts, Vol. II)) is hereby stricken in its entirety and amended to read as follows: "Section 7. Meetings. The board shall hold regular meetings according to a schedule adopted by the board during the first meeting in January of each year, with said schedule being subject to amendment by the board at any regular meeting thereof. Notice of the board's meeting schedule shall be Prominently displayed at the County Administration Building and shall be provided to the legal organ of the County for publication. Meetings of the board shall take place at the County Administration Building or at such other location designated by the board. All meetings, with the exception of executive sessions, shall be open to the public. The board may hold special meetings as may be necessary when called by the chairman or any two members of the board. All members of the board must be notified at least one day in advance of any special meeting. No official action shall be taken by the board except at a meeting which is open to the public. Three members of the board shall constitute a quorum, and a majority of a quorum may transact any business which may

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come before the board. The chairman shall be entitled to the same voting rights as other members of the board on any business transacted by the board"

2. Section 10 of the Local Act of 1983 creating the Miller County Board of Commissioners (1983 Ga Laws 4594, 4601 (Local and Special Acts, Vol II)) is hereby amended so at to strike the last sentence thereof and to add the following sentence at the end of Section 10: "All bills shall be paid by check which shall be signed by at least two (2) of the following officials: the chairman, the chair of the board of commissioners finance committee, or the county clerk; in the absence of the chairman the vice-chairman shall also be authorized to sign checks."

3. Section 14 of the Local Act of 1983 creating the Miller County Board of Commissioners (1983 Ga. Laws 4594, 4603 (Local and Special Acts, Vol. II)) is hereby amended so as to add the following sentences at the end of said Section:

"Provided, however, that this Section shall not apply to any contract or transaction in which the county receives goods, services or property cheaper or as cheaply as the goods, services or property can be obtained elsewhere. In order for this exception to apply a majority of the board of commissioners, excluding the commissioner who has an interest in the contract or transaction, must approve the contract or transaction. The minutes of the meeting at which such approval takes place shall affirmatively establish that the goods, services or property cannot be obtained for less and that the taxpayers' interests would be served by entering into the contract or transaction in which the commissioner has an interest. Contracts or transactions approved under this exception shall not be void or illegal and the commissioner having an interest therein shall not be deemed to have violated this Section."

Pursuant to the Home Rule Powers of Miller County, this Ordinance was approved on first reading at the regular meeting of the Miller County Board of Commissioners held on 3-8-10; it shall be advertised in the legal organ of the county for three weeks following said meeting; a copy of this Ordinance shall be placed on file with the Clerk of the Superior Court; and the Ordinance shall be considered for a second reading and final adoption at the regular 4-12-10 meeting of the Miller County Board of Commissioners. Upon final adoption a certified copy of this Ordinance, the minutes of the meetings at which it was adopted, copies of the advertisements placed in the legal organ of the county, and a publisher's affidavit, shall be transmitted by the County Clerk to the Georgia Secretary of State.

Filed in the Office of the Secretary of State April 28, 2010. __________

GEORGIA LAWS 2010 SESSION DADE COUNTY FISCAL YEAR.

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RESOLUTION R-33-09

A HOME RULE RESOLUTION AMENDING THE FISCAL CALENDAR FOR DADE COUNTY, GEORGIA

WHEREAS, O.C.G.A. 36-81-3 authorizes the county governing authority to establish a fiscal year for the operations of the local government;

WHEREAS, the Dade County Commission is the county governing authority for Dade County, Georgia;

WHEREAS, the Dade County Commission, by resolution adopted on December 7, 1993 pursuant to the home rule powers delegated to each county by the Georgia Constitution, Article IX, Section 2, Paragraph 1, established a fiscal year for Dade County, Georgia, ending on December 31 of each year; and

WHEREAS, the Dade County Commission deems a fiscal year ending on June 30 of each year to be in the interests of efficiency and good government.

THEREFORE, BE IT RESOLVED that the previous resolution adopted by the Board of Commissioners on December 7, 1993 is hereby amended, so that the county governing authority of Dade County, Georgia, shall be placed on a fiscal year beginning on July 1 and ending on June 30 of each. Such change shall become effective on July 1, 2010 and shall continue for each year thereafter.

This resolution has been adopted at two regular consecutive meetings of the Dade County Board of Commissioners on the 2nd day of July, 2009, and the 6th day of August, 2009, and a notice of the proposed resolution has been published in the Dade County Sentinel, the official county organ of said county, once a week for a period of three weeks within the sixty day period immediately preceding final adoption. A copy of said proposed resolution was maintained on file in the office of the Clerk of the Superior Court of Dade County for the purpose of examination and inspection by the public. The notice complies with the requirements of Article IX, Section 2, Paragraph 1, of the Georgia Constitution.

SO RESOLVED AND ADOPTED this 2nd day of July, 2009 and 6th day of August, 2009.

[SEAL]

BOARD OF COMMISSIONERS DADE COUNTY, GEORGIA

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COUNTY HOME RULE ORDINANCES
BY: s/ TED M. RUMLEY TED RUMLEY
Chairperson/County Executive

CERTIFICATION

I do hereby certify that the attached Resolution is a true and correct copy of Resolution R-33-09 duly adopted by the governing authority of Dade County on the date so stated in said Resolution.

I further certify that I am the Clerk and that said Resolution has been duly entered in the official records of Dade County, Georgia, the original of such Resolution appears of public record in the Resolution Book of the Commissioner, which is in my custody and control.

In witness thereof, I have hereunto set my hand and caused the Seal of Dade County Commission to be affixed on this 6th day of August two thousand nine in the year of our Lord.

(Seal)

s/ PATRICK TOWNSEND JR. Patrick D. Townsend, Jr.
Clerk, Dade County, Georgia

AFFIDAVIT OF PUBLICATION

STATE OF GEORGIA COUNTY OF DADE

Personally appeared before the undersigned William E. Gifford, who, having been duly sworn, on oath that he is the Publisher of The Dade Coantv Sentinel, Resolution R-33-09 Home Rule Resolution amending the Fiscal Calendar for Dade County, Ga., was published in The Dade County Sentinel on the following dates:

Run Dates: July 15, 22, 29, 2009 DCS 0721, 7-29-3T

s/ WILLIAM E. GIFFORD William E. Gifford, Publisher

GEORGIA LAWS 2010 SESSION
Sworn to and subscribed before me, this 6th day of August, 2009.

4201

s/ AMY MCDANIEL Notary Public My Commission Expires: 7-21-2012

[SEAL]

NOTICE:

The Board of Commissioners of Dade County, Georgia will consider for adoption at two regular meetings to be held on July 2, 2009 and August 6, 2009 a home rule resolution which would specifically amend a previous resolution adopted by the Board of Commissioners on December 7, 1993 to allow the county governing authority of Dade County, Georgia to be placed on a fiscal year beginning on July 1 and ending on June 30 of each year. Notice of the proposed resolution has been published in the Dade County Sentinel, the official county organ of said county, once a week for a period of three weeks within the sixty day period immediately preceding final adoption. A copy of the proposed resolution is on file in the office of the Clerk of Superior Court of Dade County for the purpose of examination and inspection by the public. The Clerk of said Superior Court shall furnish to anyone, upon request, a copy of the proposed amendment.

Filed in the Office of the Secretary of State May 12, 2010. __________

HOME RULE ORDINANCES
OF MUNICIPAL CORPORATIONS

GEORGIA LAWS 2010 SESSION CITY OF CHAMBLEE CHARTER AMENDMENTS.

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ORDINANCE NO. 598

AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF CHAMBLEE, GEORGIA, ARTICLE 5, "OFFICERS," SECTION 2, PARAGRAPHS (d), (f) and (g) TO DELETE THE WORDS "COMMUNITY" FROM PARAGRAPHS (d) and (g), TO DELETE PARAGRAPH (f) IN ITS ENTIRETY AND TO DELETE THE WORDS "OR THE PERMITS AND INSPECTIONS DIRECTOR" FROM PARAGRAPH (g) AND FOR ALL OTHER LAWFUL PURPOSES.

BE IT ORDAINED AND IT IS HEREBY ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CHAMBLEE, GEORGIA THAT THE PROVISIONS OF PARAGRAPH (d), SECTION 2, ARTICLE 5, "OFFICERS," OF THE CHARTER OF THE CITY OF CHAMBLEE SHALL BE AMENDED BY DELETING THEREFROM AT ALL PLACES WHERE IT APPEARS THE TERM "COMMUNITY DEVELOPMENT DIRECTOR" AND SUBSTITUTING IN LIEU THEREOF THE TERM "DEVELOPMENT DIRECTOR."

BE IT FURTHER ORDAINED THAT THE PROVISIONS OF PARAGRAPH (f), SECTION 2, ARTICLE 5, "OFFICERS," SHALL BE DELETED IN THEIR ENTIRETY.

BE IT FURTHER ORDAINED THAT THE PROVISIONS OF PARAGRAPH (g) SHALL BE DELETED IN THEIR ENTIRETY AND SUBSTITUTED IN LIEU THEREOF SHALL BE A NEW PARAGRAPH WHICH SHALL BE DESIGNATED AS PARAGRAPH (f) WHICH NEW PARAGRAPH (f) SHALL READ AS FOLLOWS:

(f) IF THE MARSHAL, THE CITY CLERK, THE DIRECTOR OF PUBLIC WORKS, THE DEVELOPMENT DIRECTOR, OR THE PARKS AND RECREATION DIRECTOR IS REMOVED FROM OFFICE, SAID OFFICER MAY APPEAL SUCH REMOVAL TO THE CITY COUNCIL. ONLY A MAJORITY VOTE OF THE ENTIRE MEMBERSHIP OF THE CITY COUNCIL CAN OVERTURN SUCH A REMOVAL ACTION BY THE CITY MANAGER.

The foregoing was proposed by Council member Taylor with a motion that the same be adopted. Said motion was seconded by Council member Hogan. Same was then put to a vote and all Council members voted in favor of the Ordinance and no Council members voted against the Ordinance. Said motion was thereupon declared passed and duly adopted this 21st day of April, 2009.

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s/ KATHY BRANNON Kathy Brannon City Clerk, City of Chamblee, Georgia

Approved this 21st day of April, 2009. s/ R ERIC CLARKSON The Honorable R. Eric Clarkson Mayor, City of Chamblee, Georgia

Approved as to form: s/ JOE FOWLER Joe Fowler City Attorney

First Reading: March 17, 2009 Second Reading: April 19, 2009

STATE OF GEORGIA COUNTY OF DEKALB

PUBLISHER'S AFFIDAVIT

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

Notice of Publication

Ordinance has been introduced to amend the Charter of the City of Chamblee

was as published in said newspaper on the following date(s):

02/26/09, 03/05109, 03/1 2/09

s/ CAROLYN J. GLENN Carolyn J. Glenn, Publisher

Sworn to and subscribed before me this 23rd day of March, 2009

s/ JACQUELINE BRYANT Notary Public My commission expires September 22, 2010

GEORGIA LAWS 2010 SESSION THE OFFICIAL LEGAL ORGAN OF DEKALB COUNTY

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Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Chamblee, Georgia (Ga. Laws 1935, p. 976, et seq approved March 28, 1935) so as to amend Article 5, Officers, Section 2 of the Charter and related laws of the City so as to delete paragraph (f) thereof which established the position of director of permits and inspections.
A copy of the proposed Ordinance to amend the Charter is on file in the Office of the City Clerk of the City of Chamblee, Georgia and the Office of the Clerk of the Superior Court of DeKalb County, Georgia for the purpose of examination and inspection by the public.

City Clerk

Kathy Brannon

Filed in the office of the Secretary of State May 20, 2009. __________

CITY OF ALBANY USE OF PROCEEDS FROM THE MUNICIPAL ELECTRIC AUTHORITY OF GEORGIA MUNICIPAL COMPETITIVE TRUST AGREEMENT.

09-113

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 SEC. 26 OF THE CHARTER OF THE CITY OF ALBANY SO AS TO PROVIDE FOR A NEW SEC. 26(5) GOVERNING THE USE OF PROCEEDS FROM THE MUNICIPAL ELECTRIC AUTHORITY OF GEORGIA MUNICIPAL COMPETITIVE TRUST AGREEMENT; REPEALING PRIOR ORDINANCES AND CHARTER PROVISIONS IN CONFLICT AND FOR OTHER PURPOSES.

WHEREAS, the City of Albany and the Water, Gas and Light Commission of the City of Albany (WG&L) are collectively a Beneficiary of what is known as the Declaration of Trust the Municipal Competitive Trust dated as of January 1, 1999 (the "Trust"), created by the Municipal Electric Authority of Georgia ("MEAG") (hereinafter referred to as the Municipal Competitive Trust; and

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WHEREAS, funds belonging to the City of Albany and its WG&L accumulated in certain trust accounts created by the trust, examples of such trust accounts being Credit Support Operating Trust Account and Credit Support Debt Trust Account; and
WHEREAS, MEAG, the City of Albany and WG&L have agreed to the withdrawal of the funds held by MEAG in the Credit Support Debt Trust Account and Credit Support Operating Trust Account by execution of the First Amendment to The Declaration of Trust The Municipal Competitive Trust as set forth in Resolution 08-R107; and
WHEREAS, from a practical standpoint MEAG will begin in 2009 and extend through 2018 to lower its generation charges to City of Albany and WG&L as depicted on that exhibit to the First Amendment entitled "PROJECT SPENDDOWN ON MUNICIPAL COMPETITIVE TRUST MONIES PROJECTED MUNICIPAL COMPETITIVE TRUST BALANCES ADJUSTED FOR EARLY RETIREMENT OF BONDS", a copy of which is attached hereto and specifically incorporated by reference the same as set forth verbatim.
NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of the City of Albany, Georgia and it is hereby ordained by authority of same:
SECTION 1. Sec. 26 of the Charter of the City of Albany shall be amended so as to add the following:
(5) All funds received by the Water, Gas and Light Commission (WG&L) from the MEAG Municipal Competitive Agreement created as of January 1, 1999, shall be kept separate from the other funds of WG&L. WG&L shall maintain custody and control of 33-1/3 % of such funds; the balance of such funds shall be made available to the Mayor and Board of Commissioners of the City of Albany. This requires WG&L, whether such funds are in the form of credits or otherwise from MEAG to turn over 66-2/3 % of such amount to the general fund of the Mayor and Board of Commissioners of the City of Albany one-half (1/2) of such amount to be used to meet general obligations of the City of Albany and one-half (1/2) of such amount to be managed by the Long Term Financial Plan Committee described in paragraph (6) below. Without limiting the generality of the foregoing, such MEAG credits in favor of WG&L shall result in WG&L, within three business days of such credit, wire transferring to the City an amount of money equal to 66-2/3 % of such credit.
(6) The City intends to establish a Long Term Financial Plan Committee (LTFPC). The function of the LTFPC is to make recommendation(s) to the City Commission in connection with the use of such funds. The consummation of any transaction(s) involving such funds is subject to final approval by the City Commission.
The LTFPC shall consist of five (5) members. Three (3) members shall be elected by the Mayor and Board of Commissioners from among the members of the City Commission, and two (2) members shall be elected by the WG&L Commission from among the members of the WG&L Commission. The terms of the members of the LTFPC shall be concurrent with their terms of office as an elected official or member of the WG&L Commission. Vacancies on the LTFPC shall be filled in the same manner as the original appointment to the position vacated.

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Managers of the LTFPC shall service without compensation. The LTFPC is authorized to work with the City Attorney's office to enact bylaws governing its meetings, attendance and the removal of members for
Managers of the LTFPC shall service without compensation. The LTFPC is authorized to work with the City Attorney's office to enact bylaws governing its meetings, attendance and the removal of members for non-attendance, quorum and voting requirements and other matters related to the conduct of its affairs. The LTFPC shall meet at least quarterly and its meetings shall be governed by Georgia's Open Meetings and Open Records legislation.

SECTION 2. All Ordinances, or parts of Ordinances, and all Charter provisions, or parts of Charter provisions, in conflict herewith are repealed.

s/ W. ADAMS, JR. MAYOR

ATTEST: s/ SONJA TOLBERT CITY CLERK

Adopted: 1st reading: February 24, 2009 2nd reading: March 24, 2009

Introduced by Commissioner: Postell / Postell Date(s) read: Feb. 24, 2009 1st reading Mar. 24, 2009 2nd reading

I do hereby certify that this is a true and correct copy.

s/ SONJA TOLBERT City Clerk Albany, GA

3-25-09 Date

Affidavit of Publication

Georgia, Dougherty County

Personally, appeared before the undersigned, an officer, authorized to administer oaths, Mary Bickerstaff, who being sworn, says that she, Mary Bickerstaff, the Classified Manager for The Albany Herald Publishing Inc., a corporation with principle offices at Albany, Dougherty County, Georgia, and having general circulation within the area of Dougherty, Early, Clay, Calhoun, Mitchell, Decatur, Baker, Worth, Lee, Terrell, Miller, Randolph, Turner, Sumter and Seminole counties, and that the notice of intention to amend Charter

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MUNICIPAL HOME RULE ORDINANCES

SERVICE BY PUBLICATION, a TRUE COPY of which is affixed hereto, was published in the Albany Herald in all its editions for March 10, 2009.

s/ MARY BICKERSTAFF Mary Bickerstaff CLASSIFIED MANAGER

Sworn to and subscribed before me at Albany, Georgia this 28th Day of April, 2009

s/ ANNETTE OLIVER Notary Public

[SEAL]

NOTICE OF INTENTION TO AMEND CHARTER OF THE CITY OF ALBANY, GEORGIA
BY ORDINANCE PURSUANT TO THE PROVISIONS OF THAT ACT OF THE GENERAL ASSEMBLY KNOWN AS
"THE MUNICIPAL HOME RULE ACT OF 1965"

Notice is hereby given that an ordinance was introduced on February 24, 2009, and will be read for final adoption on March 24, 2009, 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 provide that the mayor has a voice and vote in all matters and proceedings at Water, Gas & Light Commission.

Additionally, notice is hereby given that an ordinance was introduced on February 24, 2009, and will be read for final adoption on March 24, 2009, 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 provide for a new Sec. 26(5) governing the use of proceeds from the Municipal Electric Authority of Georgia Municipal Competitive Trust Agreement.

Copies of the proposed amendments to the Charter of the City of Albany, Georgia are on file in the office of the Clerk of the City of Albany, and in the office of the Clerk of the Superior Courts of Dougherty County, Georgia, for the purpose of examination and inspection by the public, all as required by law.

This 3rd day of March, 2009.

GEORGIA LAWS 2010 SESSION
201 W. Oglethorpe Blvd., Suite 355-A Albany, GA 31701 229.431.2805

4211
C. Nathan Davis City Attorney
City of Albany, Georgia

Affidavit of Publication

Georgia, Daugherty County

Personally, appeared before the undersigned, an officer, authorized to administer oaths, Mary Bickerstaff, who being sworn, says that she, Mary Bickerstaff, the Classified Manager for The Albany Herald Publishing Inc., a corporation with principle offices at Albany, Dougherty County, Georgia, and having general circulation within the area of Dougherty, Early, Clay, Calhoun, Mitchell, Decatur, Baker, Worth, Lee, Terrell, Miller, Randolph, Turner, Sumter and Seminole counties, and that the notice of intention to amend Charter SERVICE BY PUBLICATION, a TRUE COPY of which is affixed hereto, was published in the Albany Herald in all its editions for March 17, 2009.

s/ MARY BICKERSTAFF Mary Bickerstaff CLASSIFIED MANAGER

Sworn to and subscribed before me at Albany, Georgia this 28th Day of April, 2009

s/ ANNETTE OLIVER Notary Public

[SEAL]

NOTICE OF INTENTION TO AMEND CHARTER OF THE CITY OF ALBANY, GEORGIA
BY ORDINANCE PURSUANT TO THE PROVISIONS OF THAT ACT OF THE GENERAL ASSEMBLY KNOWN AS
"THE MUNICIPAL HOME RULE ACT OF 1965"

Notice is hereby given that an ordinance was introduced on February 24, 2009, and will be read for final adoption on March 24, 2009, to amend the Charter of the City of Albany,

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MUNICIPAL HOME RULE ORDINANCES

Georgia, which was created by an act amended on August 18, 1923 (Ga. L. 1923, p. 370), as amended, so as to provide that the mayor has a voice and vote in all matters and proceedings at Water, Gas & Light Commission.

Additionally, notice is hereby given that an ordinance was introduced on February 24, 2009, and will be read for final adoption on March 24, 2009, 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 provide for a new Sec. 26(5) governing the use of proceeds from the Municipal Electric Authority of Georgia Municipal Competitive Trust Agreement.

Copies of the proposed amendments to the Charter of the City of Albany, Georgia are on file in the office of the Clerk of the City of Albany, and in the office of the Clerk of the Superior Courts of Dougherty County, Georgia, for the purpose of examination and inspection by the public, all as required by law.

This 3rd day of March, 2009.

201 W. Oglethorpe Blvd., Suite 355-A Albany, GA 31701 229.431.2805

C. Nathan Davis City Attorney
City of Albany, Georgia

Filed in the office of the Secretary of State June 17, 2009. __________

CITY OF ALBANY MAYOR; VOICE AND VOTE IN ALL MATTERS AND PROCEEDINGS AT WATER, GAS, AND LIGHT COMMISSION.

09-114

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 26 OF THE CHARTER OF THE CITY OF ALBANY SO AS TO PROVIDE THAT THE MAYOR HAS A VOICE AND VOTE IN ALL MATTERS AND PROCEEDINGS AT WATER, GAS & LIGHT COMMISSION; REPEALING PRIOR

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ORDINANCES AND CHARTER PROVISIONS IN CONFLICT AND FOR OTHER PURPOSES.

WHEREAS, it is in the best interest of the City of Albany to provide for the Mayor of the City of Albany to have a voice and vote, but no veto in all matters appearing before the Water, Gas & Light Commission,

NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of the City of Albany, Georgia and it is hereby ordained by authority of same:

SECTION 1. The first paragraph of Section 26 of the Charter of the City of Albany is hereby amended by adding a new second sentence. For purposes of convenience, the new second sentence is: The mayor shall have a voice in all proceedings before the Water, Gas & Light Commission, and shall have a vote in each and all matters and proceedings whatsoever, but no veto.

SECTION 2. The first paragraph of Section 26 of the Charter of the City of Albany shall hereafter read as follows:

Sec. 26. Board of water, gas and light commissioners.

There shall be a board of water, gas, and light commissioners of the city, of which the mayor shall be chairman. The mayor shall have a voice in all proceedings before the Water, Gas & Light Commission, and shall have a vote in each and all matters and proceedings whatsoever, but no veto. In addition to the mayor, said board shall consist of four (4) members elected by the board of city commissioners from the citizens of said city. Anyone eligible to hold office in the City of Albany shall be eligible to the board. No member of the board shall sell any goods or services to the water, gas, and light department. The citizen members of the board shall be elected for a term of two years beginning on the second Monday in January. One member shall be elected on the second Monday in January, 1961, for a term of two years to succeed the member whose term expires at that time. The other present member of the board whose term expires on the second Monday in January, 1962, shall retain his office until said date, at which time a successor shall be elected. Two additional members authorized herein shall be elected on the second Monday in January, 1961. One of whom shall be elected for a one year term and the other for a two year term. Successors to these and the other commissioners shall be elected at the expiration of each term for a term of two years. In the event a vacancy occurs on said board, the board of city commissioners shall elect a person to fill the unexpired term and such vacancy shall be filled within fifteen days after the date on which it occurs.

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MUNICIPAL HOME RULE ORDINANCES

SECTION 3. Pursuant to the provisions of 36-35-3 of the Official Code of Georgia Annotated, this Ordinance shall become effectively immediately upon its adoption by the Board of Commissioners of the City of Albany, Georgia at two regularly scheduled consecutive meetings and after compliance with all of the provisions of the Municipal Home Rule Act of 1965, as amended.

SECTION 4. All Ordinances, or parts of Ordinances, and all Charter provisions, or parts of Charter provisions, in conflict herewith are repealed.

s/ W. ADAMS, JR. MAYOR

ATTEST: s/ SONJA TOLBERT CITY CLERK

Adopted: First Reading: February 24, 2009 Second Reading: March 24, 2009

Introduced By Commissioner: Postell/Gurr Date(s) read: February 24, 2009 1st reading
March 24, 2009 2nd reading

I do hereby certify that this is a true and correct copy.

s/ SONJA TOLBERT 3-26-09

City Clerk

Date

Albany, GA

Affidavit of Publication

Georgia, Dougherty County

Personally, appeared before the undersigned, an officer, authorized to administer oaths, Amber Hancock, who being sworn, says that she, Amber Hancock, the Classified Legal Clerk for The Albany Herald Publishing Inc., a corporation with principle offices at Albany, Dougherty County, Georgia, and having general circulation within the area of Dougherty, Early, Clay, Calhoun, Mitchell, Decatur, Baker, Worth, Lee, Terren, Miller, Randolph, Turner, Sumter and Seminole counties, and that the notice of intention to amend charter SERVICE BY PUBLICATION, a TRUE COPY of which is affixed hereto, was published in the Albany Herald in all its editions for March 10th and 17th 2009.

GEORGIA LAWS 2010 SESSION
s/ AMBER HANDCOCK Amber Handcock CLASSIFIED LEGAL CLERK

4215

Sworn to and subscribed before me at Albany, Georgia this 23rd Day of April, 2009.

s/ ANNETTE OLIVER Notary Public [SEAL]

NOTICE OF INTENTION TO AMEND CHARTER OF THE CITY OF ALBANY, GEORGIA
BY ORDINANCE PURSUANT TO THE PROVISIONS OF THAT ACT OF THE GENERAL ASSEMBLY KNOWN AS
"THE MUNICIPAL HOME RULE ACT OF 1965"

Notice is hereby given that an ordinance was introduced on February 24, 2009, and will be read for final adoption on March 24, 2009, 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 provide that the mayor has a voice and vote in all matters and proceedings at Water, Gas & Light Commission.

Additionally notice is hereby given that an ordinance was introduced on February 24, 2009, and will be read for final adoption on March 24, 2009, 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 provide for a new Sec. 26(5) governing the use of proceeds from the Municipal Electric Authority of Georgia Municipal Competitive Trust Agreement.

Copies of the proposed amendments to the Charter of the City of Albany, Georgia are on file in the office of the Clerk of the City of Albany, and in the office of the Clerk of the Superior Courts of Dougherty County, Georgia, for the purpose of examination and inspection by the public, all as required by law.

This 3rd day of March, 2009.

C. Nathan Davis City Attorney
City of Albany, Georgia

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MUNICIPAL HOME RULE ORDINANCES

201 W. Oglethorpe Blvd., Suite 355-A Albany, GA 31701

Filed in the office of the Secretary of State June 17, 2009. ________

CITY OF ATLANTA COUNCIL DISTRICTS; ADJUST BOUNDARIES.

CITY COUNCIL ATLANTA, GEORGIA.

09-0-0655

AN ORDINANCE AND CHARTER AMENDMENT BY COMMITTEE ON COUNCIL

AN ORDINANCE AND CHARTER AMENDMENT ADOPTED UNDER AND BY VIRTUE OF THE AUTHORITY OF THE MUNICIPAL HOME RULE ACT OF 1965 (GA. LAWS 1965, p. 298, ET SEQ.) AS AMENDED, TO AMEND SECTION 5-201 (ENTITLED "COUNCIL DISTRICTS") OF THE CHARTER OF THE CITY OF ATLANTA, GEORGIA (GA. LAWS 1996, P. 4469, ET SEQ.) APPROVED APRIL 15, 1996, AS AMENDED, SO AS TO MODIFY THE BOUNDARY DESCRIPTION FOR COUNCIL DISTRICT 11 AS SET FORTH IN APPENDIX I OF THE CHARTER OF THE CITY OF ATLANTA AND THE COUNCIL DISTRICT MAP FOR COUNCIL DISTRICT 11, WHICH MODIFICATION IS DUE TO RECENT ANNEXATION ACTIONS BY THE CITY; TO REPEAL CONFLICTING ORDINANCES AND CHARTER AMENDMENTS; AND FOR OTHER PURPOSES.

WHEREAS, Section 5-201 of the Charter of the City of Atlanta provides that "Beginning with the general municipal election of 1997, the territory of the council shall consist of 12 council districts to be designated as Districts No. 1 through 12, and three residency posts for the three at-large members. The boundaries of the districts are specifically described and set forth in Appendix I herein. Said appendix is incorporated herein as if fully set forth in this section; and

WHEREAS, the district boundary description for Council District 11 has changed due to annexation actions adopted by the council June 18, 2007 and approved by the mayor June 26, 2007 in ordinances 07-O-0504 and 07-O-0505; and

WHEREAS, this change in the boundary description for Council District 11 caused by the above-referenced annexation actions, necessitates a corresponding modification in the

GEORGIA LAWS 2010 SESSION

4217

boundary description for Council District 11 as set forth in Appendix I as referenced in Charter Section 5-201.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF ATLANTA, GEORGIA, HEREBY ORDAINS as follows:

Section 1: The boundary description for Council District 11 as contained in Appendix I of the Charter of the City of Atlanta and as incorporated by reference in Section 5-201 (entitled "council districts") of the Charter of the City of Atlanta. Georgia (Ga. laws 1996, p. 4469. et seq.) approved April 15, 1996. as amended, and which currently provides as follows:

BEGINNING at the intersection of Cascade Road and the city limits line, west of Kingsdale Road; thence following said city limits line in a westerly, then southerly. and then northeasterly direction until its intersection with Stanton Road; thence north along Stanton Road to Leslie Road; thence west on Leslie Road to Haddock Street; thence north on Hadlock Street to Campbellton Road; thence west on Campbellton Road to Willowbrook Drive; thence north on Willowbrook Drive to Venetian Drive; thence west on Venetian Drive to Centre Villa Drive; thence north on Centre Villa Drive to Cascade Road; thence northeast along Cascade Road to Cascade Circle; thence northeast along Cascade Circle to Cascade Road; thence northeast along Cascade Road to Cascade Terrace; thence northwest along Cascade Terrace to Clearvue Terrace; thence northeast along Clearvue Terrace to Rosemary Avenue; thence north along Rosemary Avenue to Beecher Street; thence west on Beecher Street to South Gordon Street; thence north on South Gordon Street to the intersection of Westwood Avenue; thence west along Westwood Avenue to a point, which is one-half block west of the intersection of Westwood Avenue and South Gordon Street; thence north to a point one-half block west of the eastern land lot line of Land lot 172 of the 14th District; thence west from said point to a point, which is the one-half block north of Westwood Avenue, where Handley Avenue would intersect, if extended, thence south from said point along Handley Avenue to a point, which is the common land lot line between Land Lots 181 and 182 of the 14th District; thence west along said land lot line to a point, which is the intersecting point of Land Lots 182, 203, 181 and 204 of the 14th District; thence south along the common land lot line between Land Lots 182 and 203 of the 14th District to Utoy Creek; thence northwesterly along said Creek to Willis Mill Road; thence south along Willis Mill Road to Benjamin Mays Drive to Laurelmont Drive; thence south along Laurelmont Drive to Spreading Oak Drive; thence east along Spreading Oak Drive to Lynhurst Drive; thence south along Lynhurst Drive to Cascade Road; thence west along Cascade Road to the western city limits line, which is the POINT OF BEGINNING; except that portion of unincorporated Fulton County which is located in Land Lots 29 and 30 of the 14 FF District.

Is hereby amended by deleting the language "except that portion of unincorporated Fulton County which is located in Land Lots 29 and 30 of the 14 FF District" as contained in the last

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MUNICIPAL HOME RULE ORDINANCES

clause thereof, so that when amended, said district 11 boundary description shall provide as follows:

BEGINNING at the intersection of Cascade Road and the city limits line, west of Kingsdale Road; thence following said city limits line in a westerly, then southerly, and then northeasterly direction until its intersection with Stanton Road; thence north along Stanton Road to Leslie Road; thence west on Leslie Road to Hadlock Street; thence north on Hadlock Street to Campbellton Road; thence west on Campbellton Road to Williowbrook Drive; thence north on Willowbrook Drive to Venetian Drive; thence west on Venetian Drive to Centre Villa Drive; thence north on Centre Villa Drive to Cascade Road; thence northeast along Cascade Road to Cascade Circle; thence northeast along Cascade Circle to Cascade Road; thence northeast along Cascade Road to Cascade Terrace; thence northwest along Cascade Terrace to Clearvue Terrace; thence northeast along Clearvue Terrace to Rosemary Avenue; thence north along Rosemary Avenue to Beecher Street; thence west on Beecher Street to South Gordon Street; thence north on South Gordon Street to the intersection of Westwood Avenue; thence west along Westwood Avenue to a point, which is one-half block west of the intersection of Westwood Avenue and South Gordon Street; thence north to a point one-half block west of the eastern land lot line of Land lot 172 of the 14th District; thence west from said point to a point, which is the one-half block north of Westwood Avenue, where Handley Avenue would intersect, if extended, thence south from said point along Handley Avenue to a point, which is the common land lot line between Land Lots 181 and 182 of the 14th District; thence west along said land lot line to a point, which is the intersecting point of Land Lots 182, 203, 181 and 204 of the 14th District; thence south along the common land lot line between Land Lots 182 and 203 of the 14th District to Utoy Creek: thence northwesterly along said Creek to Willis Mill Road: thence south along Willis Mill Road to Benjamin Mays Drive to Laurelmont Drive; thence south along Laurelmont Drive to Spreading Oak Drive; thence east along Spreading Oak Drive to Lynhurst Drive; thence south along Lynhurst Drive to Cascade Road; thence west along Cascade Road to the western city limits line, which is the POINT OF BEGINNING.

Section 2: A copy of this proposed amendment to the Charter of the City of Atlanta, Georgia (Ga. Laws 1996, p.4469, et seq.), approved April 15, 1996, as amended, shall be filed 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 and that a "Notice of Proposed Amendment to the Charter of the City of Atlanta, Georgia", attached hereto as Exhibit "A" and by reference, made a part hereof; 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.

GEORGIA LAWS 2010 SESSION

4219

Section 3: All ordinances and charter amendments and parts of ordinances and charter amendments in conflict herewith are hereby repealed.

ADOPTED by the Atlanta City Council May 18, 2009 APPROVED by Mayor Shirley Franklin May 26, 2009

A true copy, s/ RHONDA DAUPHIN JOHNSON Municipal Clerk

EXHIBIT "A"

NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA, GEORGIA

Notice is hereby given that an ordinance has been introduced to amend SECTION 5-201 (ENTITLED "COUNCIL DISTRICTS") OF THE CHARTER OF THE CITY OF ATLANTA, GEORGIA (GA. LAWS 1996, P. 4469, ET SEQ.) APPROVED APRIL 15, 1996, AS AMENDED, SO AS TO MODIFY THE BOUNDARY DESCRIPTION FOR COUNCIL DISTRICT 11 AS SET FORTH IN APPENDIX I OF THE CHARTER OF THE CITY OF ATLANTA AND THE COUNCIL DISTRICT MAP FOR COUNCIL DISTRICT 11, WHICH MODIFCATION IS DUE TO RECENT ANNEXATION ACTIONS BY THE CITY; TO REPEAL CONFLICTING ORDINANCES AND CHARTER AMENDMENTS; AND FOROTHER 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 _______, 2009.

Rhonda Dauphin Johnson Municipal Clerk City of Atlanta

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

4220

MUNICIPAL HOME RULE ORDINANCES

advertisements for said county, who being duly sworn, states oath that the report of PUBLIC NOTICES, 09-0-0655/COUNCIL DISTRICTS was published in said newspaper on the following date(s): 04/30/09, 05/07/09, 05/14/09

s/ CAROLYN J. GLENN CAROLYN J. GLENN, PUBLISHER

Sworn to and subscribed before me this 05/14/09.

s/ JACQUELINE BRYANT Notary Public My commission expires September 22, 2010

THE OFFICIAL LEGAL ORGAN OF DEKALB COUNTY

[SEAL]

NOTICE OF PROPOSED AMENDMENT TO THE CHARTER
OF THE CITY OF ATLANTA, GEORGIA

Notice hereby given that an ordinance (09-O-0655) has been introduced to amend Section 5-201 (Entitled "Council Districts") of the Charter of the City of Atlanta, Georgia (Ga. Laws 1996, P. 4469, et seq.) approved April 15, 1996, as amended, so as to modify the boundary description for Council District 11 as set forth in Appendix I of the Charter of the City of Atlanta and the Council District Map for Council District 11, which modification is due to recent annexation actions by the City; to repeal conflicting ordinances and charter amendments; 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 23rd day of April, 2009.

Rhonda Dauphin Johnson Municipal Clerk, CMC

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF FULTON Re: 1219091

GEORGIA LAWS 2010 SESSION

4221

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 of the Incisive Media, 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:

04/30/2009, 05/07/2009, 05/14/2009

s/ MONIQUE BUSSEY Monique Bussey, (Agent)

s/ K. Mosley Kaweemah Mosley, (Notary Public) [SEAL]

Subscribed and sworn to before me this 14th day of May, 2009.

PUBLIC NOTICE

NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA, GEORGIA.

Notice is hereby given that an ordinance (09-O-0655) has been introduced to amend Section 5-201 (Entitled "Council Districts") of the Charter of the City of Atlanta, Georgia (Ga. Laws 1996, P. 4469, et seq.) approved April 15, 1996, as amended, so as to modify the boundary description of Council District 11 as set forth in Appendix I of the Charter of the City of Atlanta and the Council District map for Council District 11, which modification is due to recent annexation actions by the City; to repeal conflicting ordinances and charter amendments; 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 23rd day of April, 2009.

Rhonda Dauphin Johnson Municipal Clerk, CMC

4222

MUNICIPAL HOME RULE ORDINANCES PUBLISHER'S AFFIDAVIT

MICHAEL THOMPSON, personally appeared before me, the undersigned Notary Public, who states he is an ACCOUNT EXECUTIVE for THE ATLANTA JOURNAL AND CONSTITUTION newspaper, a newspaper of general circulation published in the City of Atlanta, Georgia, ad 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): APRIL 30, 2009.

SWORN TO AND SUBSCRIBED BEFORE ME,

THIS 22ND DAY OF MAY 2009

s/ SHERRY W. SULLIVAN (NOTARY SIGNATURE) MY COMMISSION EXPIRES JANUARY 24, 2011

[PUBLIC NOTICE]

NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA, GEORGIA.

Notice is hereby given that an ordinance (09-O-0655) has been introduced to amend Section 5-201 (Entitled "Council Districts") of the Charter of the City of Atlanta, Georgia (Ga. Laws 1996, P. 4469, et seq.) approved April 15, 1996, as amended, so as to modify the boundary description for Council District 11 as set forth in Appendix I of the Charter of the City of Atlanta and the Council District Map for Council District 11, which modification is due to recent annexation actions by the City; to repeal conflicting ordinances and charter amendments; 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 23rd day of April, 2009.

Rhonda Dauphin Johnson MUNICIPAL CLERK, CMC

GEORGIA LAWS 2010 SESSION PUBLISHER'S AFFIDAVIT

4223

MICHAEL THOMPSON, personally appeared before me, the undersigned Notary Public, who states he is an ACCOUNT EXECUTIVE for THE ATLANTA JOURNAL AND CONSTITUTION newspaper, a newspaper of general circulation published in the City of Atlanta, Georgia, ad 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 7, 2009.

SWORN TO AND SUBSCRIBED BEFORE ME,

THIS 8TH DAY OF JUNE 2009 [SEAL]

s/ SHERRY W. SULLIVAN (NOTARY SIGNATURE)

MY COMMISSION EXPIRES JANUARY 24, 2011

[PUBLIC NOTICE]

NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA, GEORGIA.

Notice is hereby given that an ordinance (09-O-0655) has been introduced to amend Section 5-201 (Entitled "Council Districts") of the Charter of the City of Atlanta, Georgia (Ga. Laws 1996, P. 4469, et seq.) approved April 15, 1996, as amended, so as to modify the boundary description for Council District 11 as set forth in Appendix I of the Charter of the City of Atlanta and the Council District Map for Council District 11, which modification is due to recent annexation actions by the City; to repeal conflicting ordinances and charter amendments; 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 23rd day of April, 2009.

Rhonda Dauphin Johnson MUNICIPAL CLERK, CMC

4224

MUNICIPAL HOME RULE ORDINANCES PUBLISHER'S AFFIDAVIT

MICHAEL THOMPSON, personally appeared before me, the undersigned Notary Public, who states he is an ACCOUNT EXECUTIVE for THE ATLANTA JOURNAL AND CONSTITUTION newspaper, a newspaper of general circulation published in the City of Atlanta, Georgia, ad 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 14, 2009.

SWORN TO AND SUBSCRIBED BEFORE ME,

THIS 8TH DAY OF JUNE 2009 [SEAL]

s/ SHERRY W. SULLIVAN (NOTARY SIGNATURE)

MY COMMISSION EXPIRES JANUARY 24, 2011

[PUBLIC NOTICE]

NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA, GEORGIA.

Notice is hereby given that an ordinance (09-O-0655) has been introduced to amend Section 5-201 (Entitled "Council Districts") of the Charter of the City of Atlanta, Georgia (Ga. Laws 1996, P. 4469, et seq.) approved April 15, 1996, as amended, so as to modify the boundary description for Council District 11 as set forth in Appendix I of the Charter of the City of Atlanta and the Council District Map for Council District 11, which modification is due to recent annexation actions by the City; to repeal conflicting ordinances and charter amendments; 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 23rd day of April, 2009.

Rhonda Dauphin Johnson MUNICIPAL CLERK, CMC

GEORGIA LAWS 2010 SESSION
Filed in the office of the Secretary of State June 17, 2009. ________

4225

CITY OF FRANKLIN MAYOR PRO TEMPORE; VOTING.

09AN ORDINANCE

AN ORDINANCE OP THE MAYOR AND COUNCIL OF THE CITY OF FRANKLIN TO AMEND THE CHARTER OF THE CITY; TO AMEND THE CHARTER SO AS TO MODIFY SECTION 3.11 REGARDING THE APPOINTMENT AND DUTIES OF MAYOR PRO TEM; TO CLARIFY THAT A COUNCIL MEMBER APPOINTED AS MAYOR PRO TEM DOES NOT LOOSE THE RIGHT TO VOTE ON MATTERS BEFORE THE CITY COUNCIL; TO REPEAL CONFLICTING PROVISIONS; TO FIX AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

THE COUNCIL OF THE CITY OF FRANKLIN, GEORGIA, HEREBY ORDAINS AS FOLLOWS:

SECTION 1:

That the Charter of the City of Franklin be amended by deleting therefrom Section 3.11 (b), in its entirety, inserting in lieu thereof a new Section 3.11(b) to read as follows:
"(b) By a majority vote, the City Council shall elect a councilmember to serve as Mayor Pro Tem. During the absence or disability of the Mayor for cause, the Mayor Pro Tem, or in his 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 Mayor so long as such absence or disability shall continue. When presiding at a meeting during the absence or disability of the Mayor, the Mayor Pro Tem shall not loose his or her right to vote, but shall be entitled to vote on any matter before the Council."

SECTION 2:

All provisions of the Charter of the City of Franklin in conflict herewith are hereby repealed.

SECTION 3:

This Charter amendment, after adoption by the Council and upon approval by the Mayor, shall become effective upon a copy of same being filed with the Secretary of State of the

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MUNICIPAL HOME RULE ORDINANCES

State of Georgia and the Clerk of the Superior Court of Heard County, Georgia, all in accordance with O.C.G.A. 36-35-5.

INTRODUCED AND FIRST READING

April 2, 2009

SECOND READING AND ADOPTED/REJECTED May 7, 2009

SUBMITTED TO MAYOR AND APPROVED May 7, 2009

[SEAL]

BY: s/ BRAD YATES Mayor

ATTEST: s/ MYRA C. BRASWELL Clerk

NOTICE OF INTENT TO AMEND CHARTER OF THE CITY OF FRANKLIN

Notice is hereby given that the Mayor and Council of the City of Franklin, Georgia, have proposed and will consider an amendment to the City Charter modifying Article V of the Charter relating to the Judicial Branch, including changing the term of service of Municipal Court Judge and increasing the punishments authorized by the Court. A copy of the proposed amendment is on file in the office of Myra Braswell, City Clerk, and in the office of Bryan Owensby, Clerk of the Superior Court of Heard County, Georgia, for the purpose of examination and inspection by the public.

This 7th day of November, 2008.

s/ JEFFREY M. TODD Jeffrey M. Todd
Franklin City Attorney Georgia Bar No. 713738

LEWIS, TAYLOR & TODD, P.C. P. O. Box 1027 205 N. Lewis Street, Suite 3 LaGrange, Georgia 30241 PHONE: 706-882-2501 FAX: 706-882-4905

GEORGIA LAWS 2010 SESSION AFFIDAVIT

4227

GEORGIA HEARD COUNTY To Whom It May Concern

This is to certify that the legal notice attached hereto has been published in the

THE NEWS & BANNER, FRANKLIN, GA. Legal organ for Heard County

The following dates, to wit:

April 15, 2009 April 22, 2009 April 29, 2009

Sworn to on the 30th day of April, 2009

s/ B.T. MCCUTCHEN B. T. McCutchen, Publisher

Sworn to and subscribed before me on the 30th day of April, 2009

s/ DOCK H. DAVIS Dock H. Davis Notary Public

Notary Public, Heard County, Georgia My Commission Expires January 11, 2010

NOTICE OF INTENT TO AMEND CHARTER OF THE CITY OF FRANKLIN

Notice is hereby given that the Mayor and Council of the City of Franklin, Georgia, have proposed and will consider an amendment to the City Charter modifying Section 3.11 of the Charter regarding the appointment and responsibilities of Mayor Pro Tem, including clarifying the ability of the Mayor Pro Tem to vote on any matter brought before the Council. A copy of the proposed amendment is on file in the office of Myra Braswell, City Clerk, and in the office of Bryan Owensby, Clerk of the Superior Court of Heard County, Georgia, for the purpose of examination and inspection by the public.

4228

MUNICIPAL HOME RULE ORDINANCES

This 17th day of March, 2009.

Jeffrey M. Todd Franklin City Attorney Georgia Bar No. 713738

LEWIS, TAYLOR & TODD, P.C. P.O. Box 1027 205 N. Lewis Street, Suite 3 LaGrange, Georgia 30241 PHONE: 706-882-2501 FAX: 706-882-4905

Filed in the office of the Secretary of the State June 17, 2009. ________

CITY OF CHATTAHOOCHEE HILLS ORDINANCES; PROCEDURE FOR ADOPTION.

STATE OF GEORGIA COUNTY OF FULTON

ORDINANCE NO. 09-06-51

AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF CHATTAHOOCHEE HILLS, ARTICLE II, SECTION 2.14 TO ELIMINATE THE REQUIREMENT OF TWO READINGS OF PROPOSED ORDINANCES AND TO
ESTABLISH THE PROCEDURE FOR ADOPTING ORDINANCES AND RESOLUTIONS

WHEREAS, it is the desire of the City of Chattahoochee Hills to adopt an amendment to Section 2.14 of Article II of the Charter to eliminate the requirement of reading the title of proposed ordinances at two city council meetings prior to the adoption of such ordinances with the exception of those that amend the zoning ordinances and those for variances to any ordinance which shall be read at two city council meetings prior to the adoption of such ordinances and to establish a requirement that all proposed ordinances and resolutions be made available for public review at least 24 hours prior to the city council meeting in which such will be considered; and

WHEREAS, the adoption of this amendment will better enable the City of Chattahoochee Hills to respond to the needs of the community; and

GEORGIA LAWS 2010 SESSION

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WHEREAS, the adoption of the amendment is allowed to be accomplished through local ordinance according to the provisions of Article IX, Section II, Paragraph II of the Constitution of the State of Georgia, entitled Home Rule for Municipalities, and O.C.G.A. 36-35-3; and

WHEREAS, a synopsis of the proposed ordinance was advertised as required by law; and

WHEREAS, the proposed ordinance was kept on file in the office of the Clerk of the City of Chattahoochee Hills, Georgia and in the office of the Clerk of the Superior Court of Fulton County, Georgia and made available to the public by the recording officer of the municipal governing authority.

BE IT ORDAINED by the City Council of the City of Chattahoochee Hills while in a regular council meeting as follows:

SECTION 1: The current Section 2.14 of Article II of the Charter of Chattahoochee Hills is hereby deleted in its entirety.

SECTION 2: The following is adopted to replace Section 2.14 of Article II of the Charter of Chattahoochee Hills:

SECTION 2.14 Ordinance form; procedure

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. Except as set forth herein, a resolution or ordinance may be considered, passed, approved, disapproved, or amended at the time it is offered provided that the resolution or ordinance was made available for public review at least 24 hours prior to meeting at which the resolution or ordinance shall be considered. Every proposed ordinance that amends the zoning ordinances and every proposed ordinance that grants a variance to any ordinance shall have been read at two city council meetings, provided that the beginnings of said meetings shall be not less than 24 hours nor more that 60 days apart. Nothing shall prevent the city council from adopting an amended resolution or ordinance at the same meeting in which the resolution or ordinance was amended provided the original text of the resolution or ordinance had been made available for public review as provided herein.

ORDAINED this the 2nd day of June, 2009.

s/ D. L. HAYES D. L. Hayes, Mayor

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Attest: s/ ROBERT K. SIMPSON Robert K. Simpson, City Clerk

(SEAL)

CITY OF CHATTAHOOCHEE HILLS, GEORGIA

CERTIFICATE

I, D. Evyonne Browning, Deputy City Clerk and Custodian of Records for the City of Chattahoochee Hills, certify that the attached are true and correct copies of Ordinance No. 09-06-51, An Ordinance to Amend the Charter of the City of Chattahoochee Hills, Article II, Section 2.14 to eliminate the requirement of two readings of proposed Ordinances and to establish the procedure for adopting Ordinances and Resolutions which was adopted during a regular meeting by the Mayor and City Council of the City of Chattahoochee Hills, Georgia on June 2, 2009, Notices of Public Hearings which were advertised in the Times-Herald in Coweta County, and the Publisher's Affidavits certifying the advertisements of these Public Hearings on May 11, 2009, May 18, 2009, and May 25, 2009. The originals of these documents are on file in the office of the City Clerk of the City of Chattahoochee Hills, Ga.

Dated this 25th day of June, 2009.

(SEAL)

s/ D. EVYONNE BROWNING D. Evyonne Browning Deputy City Clerk

PUBLISHER'S AFFIDAVIT

This is to certify that the attached advertisement was published in The Times-Herald, official organ of Coweta County, State of Georgia, on the following dates:

May 11

Sworn before me on this 11th day of May 2009.

Notary Public: s/ STACIE LEA KITTLE Stacie Lea Kittle
MY COMMISSION EXPIRES DEC. 6, 2009

Publisher: s/ SAM JONES Sam Jones

GEORGIA LAWS 2010 SESSION
City of Chattahoochee Hills PUBLIC HEARING
NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF CHATTAHOOCHEE HILLS, GEORGIA.

4231

Pursuant to O.C.G.A. 36-35-3, notice is hereby given that a Resolution has been passed by the City Council of Chattahoochee Hills, Georgia to approve the introduction of an Ordinance to amend the Charter of the City of Chattahoochee Hills by amending Article II of the Charter to eliminate the requirement that the title of proposed ordinances be read at two City Council meetings with the exception of those that amend the zoning ordinances and those for variances to any ordinance which shall be read at two City Council meetings and to establish the procedure for public notice of such proposed ordinances. A copy of this proposed amendment is on file in the office of the Clerk of Chattahoochee Hills, Georgia and in the office of the Clerk of the Superior Court of Fulton County, Georgia for the purpose of examination and inspection by the public.

PUBLISHER'S AFFIDAVIT

This is to certify that the attached advertisement was published in The Times-Herald, official organ of Coweta County, State of Georgia, on the following dates:

May 18

Sworn before me on this 18th day of May 2009.

Notary Public: s/ STACIE LEA KITTLE Stacie Lea Kittle
MY COMMISSION EXPIRES DEC. 6, 2009

Publisher: s/ SAM JONES Sam Jones

City of Chattahoochee Hills PUBLIC HEARING
NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF CHATTAHOOCHEE HILLS, GEORGIA:

Pursuant to O.C.G.A. 36-35-3, notice is hereby given that a Resolution has been passed by the City Council of Chattahoochee Hills, Georgia to approve the introduction of an Ordinance to amend the Charter of the City of Chattahoochee Hills by amending Article II of the Charter to eliminate the requirement that the title of proposed ordinances be read at two City Council meetings with the exception of those that amend the zoning ordinances and those for variances to any ordinance which shall be read at two City Council meetings and to establish the procedure for public notice of such proposed ordinances. A copy of this

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proposed amendment is on file in the office of the Clerk of Chattahoochee Hills, Georgia and in the office of the Clerk of the Superior Court of Fulton County, Georgia for the purpose of examination and inspection by the public.

PUBLISHER'S AFFIDAVIT

This is to certify that the attached advertisement was published in The Times-Herald, official organ of Coweta County, State of Georgia, on the following dates:

May 25

Sworn before me on this 26th day of May 2009.

Notary Public: s/ STACIE LEA KITTLE Stacie Lea Kittle
MY COMMISSION EXPIRES DEC. 6, 2009

Publisher: s/ SAM JONES Sam Jones

City of Chattahoochee Hills PUBLIC HEARING
NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF CHATTAHOOCHEE HILLS, GEORGIA:

Pursuant to O.C.G.A. 36-35-3, notice is hereby given that a Resolution has been passed by the City Council of Chattahoochee Hills, Georgia to approve the introduction of an Ordinance to amend the Charter of the City of Chattahoochee Hills by amending Article II of the Charter to eliminate the requirement that the title of proposed ordinances be read at two City Council meetings with the exception of those that amend the zoning ordinances and those for variances to any ordinance which shall be read at two City Council meetings and to establish the procedure for public notice of such proposed ordinances. A copy of this proposed amendment is on file in the office of the Clerk of Chattahoochee Hills, Georgia and in the office of the Clerk of the Superior Court of Fulton County, Georgia for the purpose of examination and inspection by the public.

Filed in the office of the Secretary of State July 8, 2009. __________

GEORGIA LAWS 2010 SESSION CITY OF CHAMBLEE FINANCE DIRECTOR.

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PROPOSED ORDINANCE NO. 608

AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF CHAMBLEE, GEORGIA, ARTICLE 5, "OFFICERS," SECTION 2, TO REDESIGNATE PARAGRAPH (f) AS PARAGRAPH (g) AND TO ADD A NEW PARAGRAPH (f) to PROVIDE FOR A FINANCE DIRECTOR AND FOR ALL OTHER LAWFUL PURPOSES

BE IT ORDAINED AND IT IS HEREBY ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CHAMBLEE, GEORGIA THAT THE PROVISIONS OF PARAGRAPH (f), SECTION 2, ARTICLE 5, "OFFICERS," OF THE CHARTER OF THE CITY OF CHAMBLEE SHALL BE REDESIGNATED AS PARAGRAPH (g) of SECTION 2, ARTICLE 5, "OFFICERS," AND THAT ARTICLE 5, "OFFICERS," SECTION 2 SHALL BE FURTHER AMENDED BY ADDING THERETO A NEW PARAGRAPH (f) WHICH NEW PARAGRAPH (f) SHALL READ AS FOLLOWS:

(f) There shall be a finance director for the City of Chamblee who shall be hired by the city manager, with the confirmation of employment by the city council, and removed by the city manager. The finance director shall receive such compensation as the mayor and council may fix and shall perform the duties prescribed in this Charter and such other duties as the city manager may also direct.

The foregoing was proposed by Council member Scott Taylor with a motion that the same be adopted. Said motion was seconded by Council member Tom Hogan. Same was then put to a vote and 5 Council members voted in favor of the Ordinance and 0 Council members voted against the Ordinance. Said motion was thereupon declared passed and duly adopted this 18th day of August, 2009.

s/ FRANCENIA P. DIEDRICH City Clerk, City of Chamblee, Georgia

Approved this 27th day of August, 2009. s/ R. ERIC CLARKSON The Honorable R. Eric Clarkson Mayor, City of Chamblee, Georgia

Approved as to form:

First Reading: 7-21-, 2009

s/ JOE FOWLER City Attorney

Second Reading: 8-18, 2009

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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, CHAMBLEE CHARTER CHANGE was published in said newspaper on the following date(s):

07/09/09, 07/16/09, 07/23/09

s/ CAROLYN JERNIGAN GLENN CAROLYN J. GLENN, PUBLISHER

Sworn to and subscribed before me this 07/23/09.

s/ JACQUELINE BRYANT Notary Public My commission expires September 22, 2010

THE OFFICIAL LEGAL ORGAN OF DEKALB COUNTY

[NOTARY SEAL]

PUBLIC NOTICE City of Chamblee Notice
of Charter Change

Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Chamblee, Georgia (Ga. Laws 1935, p.976, et seq. approved March 28, 1935) so as to amend Article 5, Officers, Section 2 of the Charter and related laws of the City so as to provide for the position of finance director.

A copy of the proposed Ordinance to amend the Charter is on file in the Office of the city Clerk of the City of Chamblee, Georgia and the Office of the Clerk of the Superior Court of DeKalb County, Georgia for the purpose of examination and inspection by the public.

Fran Diedrich City Clerk

Filed in the Office of the Secretary of the State September 1, 2009.

GEORGIA LAWS 2010 SESSION
CITY OF KENNESAW ELECTIONS; DATE OF ELECTION; MANNER OF CONDUCTING; QUALIFYING.

4235

CITY OF KENNESAW GEORGIA

ORDINANCE NO. 2007-13, 2007

AMENDMENT TO THE CHARTER OF THE CITY OF KENNESAW ARTICLE V "ELECTIONS"

This Amendment provides for a change in the election provision of the City's Charter.

Article V. Elections, Sections 5.01 through 5.10 of the Charter shall be amended as follows:

Article V. Elections of the City Charter is hereby amended by striking the section in its entirety and substituting therefore the following:

Sec. 5.01. Regular elections. Time for holding and taking office. The regular elections for mayor and councilmembers shall be held on the Tuesday next following the first Monday in November of the election year as their terms fall. Except as otherwise provided by law, officials elected at any regular election shall take office at the first regularly scheduled council meeting in January following their respective elections.

Sec. 5.02. Qualification of candidates. (a) Each candidate for municipal office or a designee shall file a notice of candidacy in the office of the election superintendent during the City's qualifying period. The city council shall designate the days of the qualifying period, which shall be no less than three (3) days and no more than five (5) days. The days of the qualifying period shall be consecutive days. Qualifying periods shall commence no earlier than 8:30 A.M. on the last Monday in August immediately preceding the general election and shall end no later than 4:30 P.M. on the following Friday; and, in the case of a special election, the municipal qualifying period shall commence no earlier than the date of the call and shall end no later than 25 days prior to the election. (b) The hours of qualifying each day shall be from 8:30 A.M. until 4:30 P.M. with one hour allowed for the lunch break; provided, however, that should the City have normal business hours which cover a lesser period of time it shall conduct qualifying during its normal business hours. Except in the case of a special election, notice of the opening and closing

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MUNICIPAL HOME RULE ORDINANCES

dates and the hours for candidates to qualify shall be published at least two weeks prior to the opening of the qualifying period. (c) The residency requirements for a candidate for any municipal office, except offices of a judicial nature, shall be 12 months residency within the municipality; provided, however, that municipalities may by charter provide for lesser residency requirements for candidates for municipal office.

State law references: Filing notice of candidacy for municipal office, O.C.G.A. 21-2-132(d)(3).

Sec. 5.03. Qualification of electors. Any person meeting the qualifications of an elector of members of the General Assembly under state law, who is a bona fide resident of the City of Kennesaw, shall be qualified to register as an elector in any city election held under this charter.

State law references: Elector's qualifications, O.C.G.A. 21-2-216.

Sec. 5.04. Applicability of general laws. Except as otherwise provided by this charter, the election of all officials of the City of Kennesaw where provision is made for election by the qualified voters thereof, shall be conducted as to special or general elections in conformity so far as applicable with the provisions of the Georgia Election Code in Title 21, Chapter 2 of the Official Code of Georgia Annotated as it now exists or may hereafter be amended. Whenever any time period established by said code is altered so as to change or supersede any time period provided herein, it shall be considered that said periods herein shall be correspondingly changed so as to avoid any conflict between the charter and the general law.

Sec. 5.05. Time of election; polls. At all primaries and elections the polls shall be opened at 7:00 A.M. eastern standard time or eastern daylight time, whichever is applicable, and shall remain open continuously until 7:00 P.M. eastern standard time or eastern daylight time, whichever is applicable, at which time they shall be closed, as provided by state law.

Sec. 5.06. Place of elections. The polling place or places for holding elections shall be prescribed by the mayor and council and shall be published in the election notice; provided, however, any change in a polling place shall be affected as provided by the Georgia Election Code, as it now exists or may hereafter be amended.

GEORGIA LAWS 2010 SESSION

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Sec. 5.07. Voter registration. In all elections held in the City of Kennesaw, whether special or general elections, the voters, in addition to the qualifications already prescribed, shall be registered as may be prescribed by ordinance.

Sec. 5.08. Rules. The mayor and council are hereby authorized to enact by ordinance such additional rules consistent with this charter and general laws as are deemed necessary for the conduct of elections.

Sec. 5.09. Absentee ballots. The mayor and council in their discretion are authorized to provide by ordinance for absentee ballots for any city election.

State law references: Absentee ballots are now provided for by state law, O.C.G.A. 21-2-280 et seq.

Sec. 5.10. Call for elections. Any call for an election which is required to be made by the laws of this state shall be made by the mayor and council.

PASSED AND ADOPTED by the Kennesaw City Council on this 2nd day of April, 2007.

ATTEST: s/ DEBRA TAYLOR Debra Taylor, City Clerk

CITY OF KENNESAW: s/ LEONARD CHURCH Leonard Church, Mayor

CLERK'S CERTIFICATION

CITY OF KENNESAW GEORGIA, COBB COUNTY

I, Debra Taylor, hereby certify that I am the Clerk for the City of Kennesaw and the lawful custodian of the books and records of said municipality, and as such do hereby certify that the attached Ordinance No. 2007-13, 2007 and copies of legal adverting are true and correct copies of document(s) on file at City Hall.

WITNESS, my hand and Seal of the City of Kennesaw, Georgia, on this 6th day of August, 2009.

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MUNICIPAL HOME RULE ORDINANCES

ATTEST: s/ DEBRA TAYLOR Debra Taylor, City Clerk

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA - County of Cobb Before me, the undersigned; a Notary Public, this day personally came Otis Brumby III, who, being duly sworn, according to law, says that he is the General Manager of Times Journal, Inc., publishers of the Marietta Daily Journal, official newspaper published in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 16, 23, 30 day(s) of March 2007, and on the x x day(s) of x x 20x, as provided by law.

s/ Otis Brumby III

Subscribed and sworn to before me this

15 day of September, 2009 s/ TERRI ELHADDAOUI Notary Public My commission expires September 9, 2012 [SEAL]

M-355 City of Kennesaw
Public Notice

Notice is hereby given that the City of Kennesaw shall hold a public hearing to amend the City Charter Article V "Elections" to coincide with amendments to the Official Code of Georgia Annotated. Copies of the proposed Charter section being amended are on file in the Office of the City Clerk during normal business hours, Monday-Friday from 8am to 5pm for public viewing.

A public hearing is scheduled for Monday, March 19, 2007 at 6:30 pm and final adoption is scheduled for the regular Mayor and City Counsel meeting on April 2, 2007, 6:30 pm in the Kennesaw City Counsel Chambers, 2529 J. O. Stephenson Avenue. All interested persons may attend and be heard relative thereto.

Filed in the Office of the Secretary of State September 22, 2009.

GEORGIA LAWS 2010 SESSION CITY OF KENNESAW CHARTER REVISION.

4239

CITY OF KENNESAW GEORGIA

ORDINANCE NO. 2007-35, 2007

CHARTER AMENDMENT TO PART I "THE CHARTER" OF THE CITY OF KENNESAW ARTICLE I. SECTION 1.01 THROUGH SECTION 1.03 AND ADDING SECTION 1.04 GENDER, "THE MASCULINE GENDER SHALL INCLUDE THE FEMININE AND NEUTER"; ARTICLE III. ORGANIZATION AND PERSONNEL, SECTION 3.01 THROUGH 3.06; ARTICLE IV. FISCAL ADMINISTRATION, SECTION 4.01 THROUGH SECTION 4.15; ARTICLE V. ELECTIONS, SECTION 5.01 THROUGH SECTION 5.10, ADDING SECTION 5.11 CONTRACT TO HOLD ELECTIONS, "THE CITY MAY CONTRACT WITH OTHER LOCAL GOVERNMENT ENTITIES TO HOLD ELECTIONS FOR THE CITY"; ARTICLE VI. MUNICIPAL COURT, SECTION 6.01 THROUGH SECTION 6.07 OF THE KENNESAW CODE OF ORDINANCES

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF KENNESAW, COBB COUNTY, GEORGIA, AS FOLLOWS:

WHEREAS, the City of Kennesaw wishes to amend and update its present Charter related to Articles I through VI; and

WHEREAS, the public hearings were duly advertised in the Marietta Daily Journal on November 9, 16, 23 and 30, 2007.

BE IT ORDAINED that the City of Kennesaw Charter, Articles I through VI shall be amended as indicated on Exhibit A, attached.

BE IT FURTHER ORDAINED that this ordinance shall become effective from and after its adoption and execution by the Mayor, pursuant to Section 2.11 of the City Charter of the City of Kennesaw.

PASSED AND ADOPTED by the Kennesaw City Council on this 3rd day of December, 2007.

ATTEST: s/ DEBRA TAYLOR Debra Taylor, City Clerk

CITY OF KENNESAW: s/ LEONARD CHURCH Leonard Church, Mayor

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MUNICIPAL HOME RULE ORDINANCES

EXHIBIT A

Sec. 1.01. Reincorporation. This act shall constitute the whole charter of the City of Kennesaw, Georgia, repealing and
replacing the charter as provided by an Act to amend, consolidate and supersede the several acts incorporating the City of Kennesaw, in the County of Cobb, approved February 16, 1950 (Ga. L. 1950, p. 2506), as amended, particularly by an act approved December 18, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2826), an act approved February 20, 1958 (Ga. L. 1958, p. 2224), an act approved March 10, 1959 (Ga. L. 1959, p. 2717), an act approved March 3, 1964 (Ga. L. 1964, p. 2354), an act approved February 18, 1966 (Ga. L. 1966, p. 2049), and an act approved March 21, 1970 (Ga. L. 1970, p. 3042), except as to provisions as to the boundaries of Kennesaw and the annexation thereto. The City of Kennesaw, Georgia, in the County of Cobb, and the inhabitants thereof, shall continue to be a body politic and corporate under the name and style of the "City of Kennesaw, Georgia," and by that name shall have perpetual succession, may contract and be contracted with, may sue and be sued, plead and be impleaded, in all the courts of law and equity, and in all actions whatsoever, and may have and use a common seal and change it at pleasure.

Sec. 1.02. Corporate powers. The corporate powers of the city, to be exercised by the mayor and council, include the
following: (a) To levy and to provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation for state and county purposes and to contract with any city, county, or other governmental and political subdivisions for the ministerial acts of billing and collection of city ad valorem taxes, or other fees, assessments, or taxes, as the mayor and council may by resolution authorize. (b) 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 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. (c) To appropriate and borrow money, to provide for payment of the debts of the city, and to authorize the expenditure of money for any municipal purpose, or for matters of national or state interest, and to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized under this charter or the general laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issues by municipalities in effect at the time said issue is undertaken. Whenever the city shall desire to create a bonded debt for the purpose of carrying into effect any of the powers and

GEORGIA LAWS 2010 SESSION

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provisions of this charter; it shall have the right and authority to do so when authorized by a majority of the qualified voters of the city voting in an election. (d) 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 city. (e) To condemn property, inside or outside of the corporate boundaries of the city, for present or future use, and for any corporate purpose deemed necessary by the mayor and council, utilizing procedures enumerated in the O.C.G.A., or such other applicable laws as are or may hereafter be enacted. (f) To acquire, lease, construct, operate, distribute, sell and dispose of public utilities, including but not limited to a waterworks system, sewerage system, a natural gas system, an electrical power system, stormwater management system, and a community antenna television system, both inside and outside the corporate limits, and any other public utility subject to the provisions of applicable general law. For water, gas and electricity furnished, stormwater utility and for all sewerage and sanitary service rendered, said city may prescribe the charges, rates, fares, fees, regulations and standards and conditions of service to be provided, and shall have a lien against any property of the persons served; said lien to be enforceable in the same manner and with the same remedies as a lien for. city property taxes. (g) To grant franchises or make contracts for public utilities and public services but not limited to those stated above, not to exceed periods of 30 years. The mayor and council may prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with laws of the State of Georgia. (h) To provide for the acquisition, construction, building, operation and maintenance of public ways, parks, playgrounds, recreational facilities, public grounds, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewerage treatment, airports, hospitals, and charitable, educational, recreational, conservation, sport, curative, correctional, detention, penal, and medical institutions, agencies and facilities; and any other public improvements, inside or outside the corporate boundaries of the city; and to regulate the use thereof; and, for such purposes, property may be acquired by condemnation pursuant to the O.C.G.A. or such other applicable law as are or may hereafter be enacted. (i) To prescribe standards of health and sanitation and to provide for the enforcement of such standards. (j) To provide for the collection and disposal of garbage, rubbish and refuse and to provide power and authority to take all necessary and proper means for keeping the city limits free from garbage, trash and filth. The city may contract with customers outside of city limits subject to valid intergovernmental agreement. Charges or fees may be imposed to cover the costs of such services, which if unpaid, shall constitute a debt which shall be subject to a lien against any property of persons served, which lien shall be enforceable in the same manner, and under the same remedies, as a lien for city property taxes.

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(k) To define, regulate and prohibit any act, practice, conduct or use of property which is detrimental, or likely to be detrimental to the health, morals, safety, security, peace, convenience, or general welfare of inhabitants of the city. (l) To define a nuisance in the city and to provide for its abatement. The municipal court judge of the city shall have jurisdiction of all nuisance abatement proceedings in the city. The city may provide by ordinance for any building, structure, or condition maintained in violation of any valid law of this state or any valid ordinance of the city, to be adjudged a nuisance and for its abatement at the owner's expense upon his failure or refusal to abate the same within 10 days after written notice from the city to do so and after an opportunity to be heard on same. (m) To establish minimum standards for, and to regulate building construction and repair, electrical wiring and equipment, gas installation and equipment, plumbing, and housing for the health, sanitation, cleanliness, welfare, and safety of inhabitants of the city and to provide for the enforcement of such standards based on standards as outlined in the International Building Codes standards and other similar standards. (n) To provide that persons given jail sentences in the municipal court may work out such sentences in any public works or on the public streets of the city to maintain public facilities and grounds as provided by ordinance; or the mayor and council may provide for the commitment of city prisoners to any county work camp, or other governmental agency or jail, by agreement with the appropriate county or governmental officers. (o) To regulate, license, or tax, or prohibit, the keeping or running at large of animals and fowl and to provide for the impoundment of same, in violation of any ordinance or lawful orders, also to provide for their disposition by sale, gift, or humane destruction, when not redeemed as provided by ordinance to provide punishment for violation of ordinances enacted hereunder. (p) 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 amounts prescribed by ordinance; and to regulate and rent parking spaces in public ways for the use of such vehicles, or any other reasonable regulations as may be prescribed by ordinance. (q) To levy and provide for the collection of special assessments to cover the cost for any public improvements. (r) To provide that upon the conviction of the violation of any ordinance, rule, regulation or order, the offender may be punished within limitations prescribed by the mayor and council in such ordinance, rule, regulation, or Order but not exceeding the limitation prescribed by this charter or state law. (s) 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, morals, and 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 enumerated herein; and to

GEORGIA LAWS 2010 SESSION

4243

exercise all powers now or in the future authorized to be exercised by other municipal governments under the Constitution or general laws of the State of Georgia. No enumeration of particular powers in this act 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 cities under the Constitution or applicable public acts of the state. (t) To levy taxes and to make appropriations for the purpose of advertising said city and its advantages and resources so as to bring new capital and commercial and manufacturing and other enterprises into the city, and also to levy taxes and to make payment from the general revenues and funds of the city for the support of public hospitals and libraries, arboretums and museums. (u) To regulate and control public streets, public alleys and ways; and in the discretion of the mayor and council by ordinance to alter, open or close public streets and public alleys and ways. (v) To contract with any state department or agency or any other political subdivision for joint services or the exchange of services; and to contract with such agencies or subdivisions for the joint use of facilities or equipment; and to contract with any such agency or subdivision to perform any service or execute any project in which the municipality has an interest. (w) To authorize the providing for surety bonds for employees, said bonds to be payable to the city, with premiums payable by the city, when necessary or proper.

Sec. 1.03. Continuation of existing ordinances. All ordinances, bylaws, rules and regulations, now in force in said city, not inconsistent
with this act, are hereby declared valid and of force until amended or repealed by the mayor and council of said city.

Sec. 1.04. Gender. The masculine gender shall include the feminine and neuter.

Sec. 2.01. Establishment of city government. The corporate governmental powers of the City of Kennesaw shall be vested in a mayor
and five (5) councilmembers to be known as the "Mayor and Council of the City of Kennesaw." The mayor and council shall be elected at large by the qualified voters of the city and shall exercise their powers in such manner as prescribed by this charter, the Constitution, and applicable general laws of the State of Georgia, or if not prescribed, in such manner as prescribed by the duly established ordinances of the City of Kennesaw.

Sec. 2.02. Qualification for mayor and councilmembers. To be eligible for the office of elected or appointed mayor or councilman a person must be
at least 21 years of age, and must meet the requirements of a qualified voter of said city as

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described by state law, and must be a bona fide resident of the city of Kennesaw for one (1) year prior to election day, subject to all applicable state and federal laws. No person shall be qualified to hold the office of mayor or councilmember who shall have been convicted of a felony unless such person has received a full pardon and has all rights of citizenship restored. (Ga. L. 1977, p. 3221)

Sec. 2.03. Election of mayor and councilmembers. The mayor and members of the city council serving on the effective date of this Act shall
continue to serve until the expiration of their terms of office and until their successors are duly elected and qualified as provided by law. On the first Saturday in October 1990, an election shall be held for those three councilmen who at said date are serving as "Councilman, Post No. 3," "Councilman, Post No. 4," and "Councilman, Post No. 5." The candidate for each post receiving a plurality vote shall be declared elected as councilman for that post for which he or she qualified and shall serve for a term of office which shall expire on December 31, 1993.

On Tuesday next following the first Monday in November, 1991, and on said date quadrennially thereafter, an election shall be held for those two councilmen who at said are serving as "Council, Post No. 1," and "Councilman, Post No. 2." The candidate receiving a plurality of the votes cast for Mayor shall be declared elected, and the candidate for each post receiving a plurality of the votes cast shall be declared elected as councilman for that post which he or she qualified.

On the Tuesday next following the first Monday in November, 1993, and on said date quadrennially thereafter, an election shall be held for those councilmen who at said date are serving as "Councilman, Post No. 3," "Councilman, Post No. 4," and "Councilman, Post No. 5." Such positions shall continue to be designated as "Councilman, Post No. 3," "Councilman, Post No. 4," and "Councilman, Post No. 5." The candidate for each post receiving a plurality vote for that post shall be declared elected as councilman for that post which he or she qualified. Any person possessed with the qualifications as required by law may qualify for any council post [or] for Mayor. (Ga. L. 1990, p. 4920; Chrtr. Amend.1 7-20-98)

Sec. 2.04. Terms of office. Except as otherwise provided by law, the terms of office for mayor and councilmembers
shall begin on the first regularly scheduled council meeting in January following their respective elections and shall continue for four years, except as provided in Section 2.03 of this Act, and until their successors are elected and qualified. (Ga. L. 1990, p. 4920; Chrtr. Amend., 7-20-98)

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Sec. 2.05. City council. (a) The governing body of said city shall be composed of a mayor and five councilmembers, in which is vested all corporate, legislative, and other powers of the city, except as otherwise provided in this Act. The mayor and council shall hold regular public meetings at a stated time and place as provided by ordinance. (b) Special meetings of the city council may be held on call of the mayor or mayor pro tern and two member of the city council. It shall be the duty of the clerk, deputy clerk and/or the city manager to present, personally, in writing, by telephone, or by electronic communication, such notice of a special meeting 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 councilmember's presence. Only the business stated in the written call or stated as being the purpose in the oath or affidavit required in special sessions convened under the telephone notice provision of this charter may be transacted at a special meeting, except by unanimous consent of all members of the council. (c) All meetings of the council and of the committees and of every agency, board, commission and authority, or similar body of the city, shall be public in the same manner and to the same extent as required by the Chapter 14 of Title 50 of the O.C.G.A., relating to open and public meetings, as it now exists or may hereafter be amended. Any person shall have access to the minutes and records thereof at reasonable times in the same manner and to the same extent as required by Article 4 of Chapter 18 of Title 50 of the O.C.G.A., relating to inspection of public records, as it now exists or may hereafter be amended. (d) Four members of the governing body of the city shall constitute a quorum. (e) The mayor and council shall exercise their powers in public meetings. The council may by ordinance adopt rules and bylaws to govern the conduct of its business; including procedures and penalties for compelling the attendance of absent members. The mayor and council may provide by ordinance for punishment of contemptuous behavior conducted in their presence.

Sec. 2.06. Mayor as presiding officer; additional powers. The mayor shall preside at meetings of the council; shall have a vote only in the case of a
tie vote by councilmembers; shall have veto power, and the mayor shall have five (5) business days after the meeting with the council in which to file with the clerk, in writing, this dissent, but the council may, at the same meeting or at the next regularly scheduled meeting of the mayor and council, pass any such ordinance, order or resolution, notwithstanding the veto, by a vote of four-fifths (4/5) of the total number of councilmembers, to be taken by ayes and nays, and entered upon the minutes; shall be the chief executive officer of the city; shall have the authority to appoint councilmembers to advise the various departments of the city through the direction of the city manager,

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provided, however, that each councilmember shall be appointed chairman of one of the following divisions of operation: general and administrative, police, public works, information technology, parks and recreation, community development, and museum and preservation services, the purpose of these designations shalt be to provide input and review of policy issues and implementation of programs and policies; shall sign ordinances and resolutions on their final passage, may obtain short-term loans in the name of the city when authorized by the council to do so; shall sign deeds, bonds, and contracts when authorized by the Council to do so; and shall perform such other duties imposed by this charter and duly adopted ordinances. (Ga. L. 1977, p. 3221; Chrtr. Amend., 7-20-98; Ord. No. 2000-22, 1-15-01)

Sec. 2.07. Mayor pro tem. The council at the first regular meeting, and after the newly elected councilmembers have
taken office following each regular election, shall elect from its membership a mayor pro tem for a term of one (1) year. Upon the council s failure to elect a mayor pro tem by its first meeting in February of each year, the incumbent councilmember who received the highest number of votes, when last elected, shall be declared mayor pro tem. The mayor pro tem shall perform the duties of the mayor during his or her absence from the city or his or her medically diagnosed disability.

Sec. 2.08. Vacancy in office of mayor or council. A vacancy shall exist if the mayor or a councilmember resigns, dies, moves his or her
residence from the city, or is absent from four (4) consecutive regular meetings of the governing authority, except if granted a leave of absence by the council and such leave of absence is entered on the minutes; or if s/he is adjudged incompetent; or is convicted of malfeasance in office; or of a felony.
In the event a vacancy occurs in the office of a member of the council from any cause other than the expiration of a term of office, the vacancy shall be filled in the following manner:
If the vacancy occurs within 12 months of the expiration of the term, the vacancy shall be filled by the mayor and council electing a qualified person to serve out the unexpired term of office. If the vacancy occurs within 30 days prior to the regular city election, the vacancy shall be filled at such regular election under the same rules and regulations and provisions of law pertaining to the election of councilmembers.
If the vacancy occurs at any other time not provided by above, the vacancy shall be filled by a special election pursuant to a call of a special election as provided by this charter. At no time shall there be more than one (1) councilmember so appointed holding office; and if a vacancy occurs on the council with one (1) member so appointed on the 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 remainder of the unexpired terms in a special election:

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Provided, however, if a regular election for the city shall be held within three (3) months after the second vacancy occurs, 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 a vacancy shall occur in the office of mayor, a special election shall be called and held in the manner prescribed by the Georgia Election Code (Title 21, Ch. 2, O.C.G.A.) as it now exists or may hereafter be amended, so tong as the vacancy occurs at least three (3) months prior to regular expiration date of the term. If the vacancy occurs within three (3) months of the expiration date of the term, the mayor pro tem shall serve until the expiration date, and shall be authorized during said period, to exercise all of the powers of the mayor, hereinbefore or hereinafter provided.

Sec. 2.09. Compensation and expenses. The mayor and council may determine the salary of the mayor and councilmembers by
ordinance, provided that salary changes enacted shall not become effective until the first regular meeting after the next calendar year. Each councilmember and the mayor, when authorized by the mayor and council and upon presentation of itemized vouchers, shall receive their actual and necessary expenses incurred in the performance of their duties of office. State law references: More stringent standards for increasing the compensation of governing body members are found in O.C.G.A., Sec. 36-35-4.

Sec. 2.10. City clerk. The mayor and council shall appoint a city clerk who shall serve at their pleasure,
supervision and direction. S/he shall be responsible for keeping and preserving the city seal and all records of the council; attending meetings of the council and keeping a journal of its proceedings at such meetings, including the names of members present and absent, the vote of each member on each question, each motion considered, and the text of each resolution or ordinance considered; preparing and certifying copies of official records in his or her office, for which fees may be prescribed by ordinance; and performing such other duties as may be required by law or in writing those duties or tasked as directed by the mayor and council.
The mayor and council may require the clerk, before entering upon discharge of his or her duties, to give good and sufficient bond in the amount to be decided by the mayor and council, but not less than $2,500, said bond payable to the city of Kennesaw, for the faithful performance of his or her duties and to secure against corruption, malfeasance, misappropriations or unlawful expenditures. Said surety bond shall be obtained from a surety company licensed to do business in the State of Georgia and approved by the mayor and council, and the premium thereon shall be paid by the city.

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Sec. 2.11. City legislation. Any action of the council having a regulatory or penal affect or required to be done by
ordinance under this Act, shall be done only by ordinance. Each resolution and ordinance shall be in written form before being introduced. The affirmative vote of at least three (3) members of the council shall be required to pass any resolution or ordinance. After adoption of ordinances, 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 separate record book, which may include electronic files. The original copies of all ordinances, resolutions, and motions shall be filed and preserved by the city clerk.

Sec. 2.12. Public reading of ordinances. No ordinance shall be approved until a summary of such shall have been read at a regular
public meeting of the mayor and city council of Kennesaw, Georgia. (Ga. L. 1973, p. 3386)

Sec. 2.13. City manager. The city manager shall serve at the pleasure and direction of the Kennesaw mayor and
council and shall assume the position and duties as the chief administrative officer of the city, and such other duties as may be assigned by the mayor and council from time to time, including but not limited to director of finance and administration, purchasing agent for all departments, coordinator of commissions and departments of the city and the general management of city business under the direction and guidance of the mayor and council. ((KCof), 2-5-1; adopted 6/6/94; Chrtr. Amend., 7-20-98)

Sec. 3.01. Organization. The city government shall continue as presently organized. The city manager, with
approval of mayor and council, may establish, abolish, merge or consolidate offices, positions of employment, departments and agencies of the city; may provide that the same person shall fill a 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.

Sec. 3.02. Administrative duties of the mayor. The mayor shall be the executive head of the city government. Together with the city
council, they shall appoint a city manager who is responsible for the efficient and orderly administration of the city's affairs. The mayor shall be responsible for the enforcement of laws, rules and regulations, ordinances and franchises in the city. S/he may conduct inquiries and investigations into the conduct of the city's affairs and shall have such powers and duties as may be provided by ordinance not inconsistent with this charter. (Chrtr. Amend., 7-20-98)

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Sec. 3.03. City attorney. The mayor and council shall appoint a city attorney, together with such assistant city
attorneys as may be authorized by ordinance. 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 council, mayor, and other officers and employees of the city, concerning legal aspects of the city's affairs.

Sec. 3.04. Oath of office. Before a person takes any office in the city government, he or she shall take before an
officer of the state, authorized to administer oaths, the following such oath or affirmation: "I swear that I will faithfully and impartially uphold the Constitution of this State and of the United States, and will demean myself as mayor (or councilmember, as the case may be) during my continuance in office. I have not, in order to influence my election to this office, directly or indirectly promised my vote or support to any person or officer in the said government of the City of Kennesaw, nor for any other office. I will not knowingly permit my vote in the election or appointment of any persons to a position in said government to be influenced by fear, favor or the hope of reward, but in all things pertaining to my office I will be governed by what in my judgment is for the public good and for the best interest of said city, so help me God."

Sec. 3.05. Political activity prohibited. No officer or employee of the city, other than the mayor and councilmembers, shall
continue in the employment of the city after becoming a candidate for nomination of election to any city office.

Sec. 3.06. City planning and renewal. The council may create and establish a planning commission pursuant to the provisions of
general law as they now exist or as they may hereafter be amended.

Sec. 4.01. Fiscal year. The fiscal year of the city government shall begin on the first day of October and end on
the 30th day of September of each year. Said fiscal year shall constitute the budget year and the year for fiscal accounting and reporting of every office, department, agency and activity of the city government, unless otherwise prohibited by law. (Chrtr. Amend., 7-20-98)

Sec. 4.02. Mayor to submit annual budget. On or before a date fixed by the council, but not later than October 31st, the city manager
shall submit to the council, through the mayor, a proposed operating budget for the new fiscal year, showing separately for the general funds, each utility, and other funds, the

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following: (a) the revenue and expenditure during the preceding fiscal year, (b) appropriations and estimated revenue and recommended expenditures for the next fiscal year, (c) a comparative statement of the assets, liabilities, reserves and surplus at the end of the current fiscal year, and (d) such other information and data as may be considered necessary by the mayor and council. (Ga. L. 1977, p. 3221; Chrtr. Amend., 7-20-98)

Sec. 4.03. Action by council on budget. Before the end of the second month of the current fiscal year, the council shall adopt an
appropriate ordinance based on the mayor s budget, with such modifications as the council considers necessary or desirable. Appropriations need not be in more detail than a lump sum for each department, office, and agency unless otherwise directed by the council. The council shall not make any appropriations in excess of estimated revenue, except to provide for an actual emergency threatening the health, property, or lives, safety or general welfare of the inhabitants of the city; provided the council unanimously agrees that there is such an emergency. If conditions prevent the adoption of an appropriation ordinance before the second month of the current fiscal year, the appropriations for the last fiscal year shall become the appropriations for the new fiscal year, subject to amendment as provided by ordinance specifically passed for such purpose. (Ga. L. 1973, p. 3385; Chrtr. Amend., 7-20-98).

Sec. 4.04. Additional appropriations. The council may make appropriations in addition to those contained in the current
operating budgets, at any regular or special meeting called for such purpose, but any such additional appropriations may be made for any public purpose only from an existing undesignated cash fund balance.

Sec. 4.05. Lapse of appropriations. All unencumbered balances of appropriations in the current operating budget at the end of
the fiscal year and following review of revenues, any net surplus shall be closed into the applicable undesignated fund balance.

Sec. 4.06. Capital improvements budget. (a) On or before a date fixed by the council, but not later than the first regularly scheduled meeting of the new fiscal year, the city manager shall submit to the council, through the mayor, a proposed capital improvements budget with his or her recommendations as to the means of financing such improvements. The council shall have power to accept with or without amendments or reject the proposed program and proposed means of financing. The council shall not authorize an expenditure for the construction of any building, structure, work or improvement, unless the appropriations for such projects are included in-the capital improvements budget, except to meet a public emergency in the lives, health or property of

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inhabitants, when passed by four-fifths (4/5) vote of the membership of the council. Such capital improvements budget may be revised and extended each year with regard to the capital improvements still pending on or in the process of construction or acquisition. (b) Before November 30 of the current fiscal year, the council shall adopt an appropriate ordinance based on the proposed capital improvements budget, with such modifications as the council considers necessary or desirable. No appropriation provided for in the capital improvements budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned, provided, the mayor and council may submit amendments to the capital improvements budget at any time during the fiscal year. Any such amendments to the capital improvements budget shall become effective only upon adoption by a majority vote of the council. (Ga. L. 1977, p.3221; Chrtr. Amend., 7-20-98)

Sec. 4.07. Sale of city property. Subject to other provisions of State and Federal law, the mayor and council may sell any
city property which is obsolete, surplus or unusable, at public sale with no less than 15 days written notice to the public following the appropriate action declaring the property obsolete, surplus or unusable at a regular meeting of the mayor and council, for such consideration as received; provided, however, the mayor and council shall not be obligated to sell such property unless the mayor and council consider the price to be equitable and just. (Ga. L. 1977, p. 3221)

Sec. 4.08. Annual audit. The mayor and council shall employ a certified public accountant to make an annual audit
of all financial books and records of the city. The accountant shall file his or her report with the mayor and council and shall prepare a summary of the report which shall be furnished or made available to the mayor and every councilmember within one hundred and eighty (180) days of the closed audited fiscal year.

Sec. 4.09. Publication of financial statement. As soon as practicable after the close of the fiscal year, but within six (6) months after the
close thereof, the mayor and council shall cause to be published in a local newspaper or on the City s website, an annual report which shall contain a general statement of revenues and expenditures showing all municipal accounts as of the close of the preceding fiscal year. Such annual report shall be prepared so as to fairly represent the general financial condition of the city, as of the close of the preceding fiscal year.

Sec. 4.10. Property taxes. All property subject to the taxation for state or county purposes, assessed as of January 1,
in each year, shall be returned for taxes each year on or before April 1. Failure to make a tax return in a timely manner, as defined by city ordinance, will result in a penalty of not more

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than ten percent (10%) of the taxes due on said property, along with interest on delinquent taxes and penalties, said interest being one percent (1%) per month, all as described by city ordinance. The board of tax assessors, appointed by the Cobb County Board of Commissioners, shall evaluate and assess all city property for tax purposes as provided by Georgia law. Appeals involving city property assessments may be taken as now or as may hereafter be provided by general law. (Ga. L. 1977, p. 3221)

Sec. 4.11. Tax levy. The mayor and council shall be authorized to levy an ad valorem tax on all real and
personal property within the corporate limits of the city for the purpose of raising revenues to defray the costs of operating the city government, providing governmental services, and for any other public purpose as determined by the mayor and council, and is also authorized to provide for sufficient levy to pay principal and interest on general obligation.
The mayor and council, by ordinance, shall establish a millage rate for the city property tax; a due date; and in what length of time these taxes must be paid. The mayor and council, by ordinance, shall establish a millage rate for the city property tax; a due date; and in what length of time these taxes must be paid. The mayor and council, by ordinance, may provide for the payment of these taxes by installments or in one lump sum, as well as to authorize the voluntary payment of taxes prior to the time when due.

Sec. 4.12. Collection of delinquent taxes. The mayor and council may provide by ordinance for the collection of delinquent taxes by
fi. fa. issued by the city clerk or finance director and executed by the chief of police or any person designated by ordinance under the same procedure provided by laws governing execution of such process from the superior court, or by the use of any other available legal processes and remedies. A lien shall exist against all property on which city property taxes are levied, as of the assessment day of January 1 of each year, which shall be superior to all other liens except that it shall have equal dignity with those for federal, state or county taxes.

Sec. 4.13. Transfer of executions. The clerk of the city or finance director of Kennesaw shall be authorized to transfer and
assign any fi. fa. or execution issued for street, sewer, or any other assessment in the same manner, upon the same terms, and to the same effect, and thereby vest the purchaser or transferee, with the same rights as in cases of sales or transfers of tax fi. fas. as now provided by law; and in all sales of property hereafter made under execution in behalf of the city for the collection of street, sewer and other assessments, the owner or owners, as the case may be, are authorized to redeem same within the same time and on compliance with the same terms and payment of the same premium, interest and costs, as in cases of redemption of property where sold under state or county ad valorem tax fi. fa. as the same now exists, or as may from time to time be provided by law.

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Sec. 4.14. Special assessments. The council may assess all or part of the cost of constructing, reconstructing, widening, or
improving any public way, street, sidewalk, curbing, gutters, sewers or other utility mains and appurtenances, against the abutting property owners, under such terms and conditions as may be prescribed by ordinance. Such special assessments shall become delinquent 30 days after their due dates, and shall thereupon be subject, in addition to fi. fa. charges, to interest at the rate of one percent (1%) per month from due date until paid. Upon payment becoming ninety (90) days past due from the due date, a penalty often percent (10%) or ten dollars ($10.00), whichever is greater, shall be added to the total balance. A lien for such amount plus fi. fa. charges, interest and penalties, shall exist against the abutting property superior to all other liens, except that it shall be of equal dignity with liens for county and city property taxes, and said lien shall be enforceable by the same procedures and under the same remedies as provided in this article for city property taxes.

Sec. 4.15. Investment, preservation and use of proceeds from sale of water and sewer system.
In the event the city of Kennesaw shall cause the water and sewer system to be sold, the city shall invest a minimum of $9,000,000 of the net proceeds there from in state approved investment vehicles. The principal balance shall neither be spent nor sold without first putting the same question describing said use of the principal balance on a public referendum. Such expenditure of the principal balance shall be spent or sold only upon its approval by a majority of the voters casting a vote in said public referendum.
The provisions set forth in the paragraph above shall not affect the right of this mayor and council, or any succeeding mayor and council, from using any accumulated interest generated by the chosen investment vehicle for whatever lawful purpose(s) the mayor and council so determine, including, but not limited to, the repayment of bonded indebtedness and other municipal obligations. (Ord. No. 2004-49, 1, 10-18-04)

Sec. 5.01. Regular elections. Time for holding and taking office. The regular elections for mayor and councilmembers
shall be held on the Tuesday next following the first Monday in November of the election year as their terms fall. Except as otherwise provided by law, officials elected at any regular election shall take office at the first regularly scheduled council meeting in January following their respective elections.

Sec. 5.02. Qualification of candidates. (a) As provided in state law, each candidate for municipal office or a designee shall file a notice of candidacy in the office of the election superintendent during the city s qualifying period. The election superintendent shall designate the days of the qualifying period, which shall be no less than three (3) days and no more than five (5) days. The days of the

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qualifying period shall be consecutive days. Qualifying periods shall commence no earlier than 8:30 A.M. on the last Monday in August immediately preceding the general election and shall end no later than 4:30 P.M. on the following Friday; and, in the case of a special election, the municipal qualifying period shall commence no earlier than the date of the call and shall end no later than 25 days prior to the election. (b) As provided in state law, the hours of qualifying each day shall be from 8:30 A.M. until 4:30 P.M. with one hour allowed for the lunch break; provided, however, that should the city have normal business hours which cover a lesser period of time it shall conduct qualifying during its normal business hours. Except in the case of a special election, notice of the opening and closing dates and the hours for candidates to qualify shall be published at least two weeks prior to the opening of the qualifying period. (Ga. L. 1977, p. 3221; Ga. L. 1987, p. 4781) State law references: Filing notice of candidacy for municipal office, O.C.G.A. 21-2-132(d)(3).

Sec. 5.03. Qualification of electors. Any person meeting the qualifications of an elector of members of the General Assembly
under state law, who is a bona fide resident of the city of Kennesaw, shall be qualified to register as an elector in any city election held under this charter. State law references: Elector's qualifications, O.C.G.A. 21-2-216.

Sec. 5.04. Applicability of general laws. Except as otherwise provided by this charter, the election of all officials of the city of
Kennesaw where provision is made for election by the qualified voters thereof, shall be conducted as to special or general elections in conformity so far as applicable with the provisions of the Georgia Election Code in Title 21, Chapter 2 of the Official Code of Georgia Annotated as it now exists or may hereafter be amended. Whenever any time period established by said code is altered so as to change or supersede any time period provided herein, it shall be considered that said periods herein shall be correspondingly changed so as to avoid any conflict between the charter and the general law.

Sec. 5.05. Time of election; polls. At all primaries and elections the polls shall be opened at 7:00 A.M. eastern standard time
or eastern daylight time, whichever is applicable, and shall remain open continuously until 7:00 P.M. eastern standard time or eastern daylight time, whichever is applicable, at which time they shall be closed, as provided by state law.

Sec 5.06. Place of elections. The polling place or places for holding elections shall be prescribed by the mayor and
council and shall be published in the election notice; provided, however, any change in a

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polling place shall be affected as provided by the Georgia Election Code, as it now exists or may hereafter be amended.

Sec. 5.07. Voter registration. In all elections held in the city of Kennesaw, whether special or general elections, the
voters, in addition to the qualifications already prescribed, shall be registered as may be prescribed by ordinance.

Sec. 5.08. Rules. The mayor and council are hereby authorized to enact by ordinance such additional rules
consistent with this charter and general laws as are deemed necessary for the conduct of elections.

Sec. 5.09. Absentee ballots. The mayor and council in their discretion are authorized to provide by ordinance for
absentee ballots for any city election. State law references: Absentee ballots are now provided for by state law, O.C.G.A. 21-2-280 et seq.

Sec. 5.10. Call for elections. Any call for an election which is required to be made by the laws of this state shall be made
by the mayor and council.

Sec. 5.11. Contract to hold elections. The city may contract with other local government entities to hold elections for the city.

Sec. 6.01. Creation. There is hereby established a court to be known as the "Municipal Court," city of
Kennesaw, which shall have jurisdiction and authority to try offenses against laws and ordinances of said city and to punish for a violation of the same. Such court shall have the power to enforce its judgments by the imposition of such penalties as may be provided by law; 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 of Kennesaw constituting traffic cases which under the laws of Georgia are placed within the jurisdiction of municipal or police courts to the extent of and in accordance with the provisions of such laws and all laws subsequently enacted amendatory thereof; to establish bail and recognizances to insure the presence of those charged with violations and to prescribe the condition of forfeiture of the same; and to administer oaths and to perform all other acts necessary and proper to the conduct of said court. The presiding officer of such court shall be known as the municipal

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court judge. Said court shall be convened at such times as designated by ordinance or at such times as deemed necessary to keep current the dockets thereof. The court shall sit at a place designated by the mayor and council.

Sec. 6.02. Municipal court judge. (a) No person shall be qualified or eligible to serve as municipal court judge unless he or she shall have attained the age of 21 years, shall not have been convicted of a crime involving moral turpitude and shall be qualified to vote in Cobb County. The municipal court judge shall be appointed by the mayor and council, and shall serve at their discretion. The compensation of the municipal court judge shall be fixed by the mayor and council. Nothing herein shall disqualify the mayor or any councilmember from serving as municipal court judge or municipal court judge pro tem. (b) The municipal court judge pro tem shall serve in the absence of the municipal court judge, shall have the same qualifications as the municipal court judge, and shall be appointed by the mayor and council. (c) Before entering on duties of his office, the municipal court judge or municipal court judge pro tem shall take an oath before an officer duly authorized to administer oaths in this state, 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. This oath shall be entered upon the minutes of the meeting of the mayor and council.

Sec. 6.03. Jurisdiction. The municipal court judge shall have power to impose fines, costs and forfeitures for the
violation of any law or ordinance of the city of Kennesaw passed in accordance with this charter, for each offense in an amount not to exceed $1,000.00 or such lesser or greater amounts as may be prescribed by law from time to time, to imprison offenders for a period of not more than 60 days, or at labor on the roads and streets or other public works of said city for not more than 60 days; and the said municipal court judge shall have the power and authority to impose any one or more of these punishments when s/he shall find that the facts of the case so justify. Said municipal court judge shall not have the authority to inflict a greater punishment for contempt than to impose a fine of $100 or imprisonment not exceeding 20 days, or any combination of the two. S/he shall be to all intents and purposes a magistrate, so far as to enable him or her to issue warrants for offenses committed within the limits of the City of Kennesaw which warrants may be executed by an officer of said city, and to commit the offenders to jail or admit them to bail in bailable cases for their appearance at the next term of court of competent jurisdiction to be held in said city. The municipal court shall also have concurrent jurisdiction with that of the magistrate over offenses against the criminal laws of the state committed within the corporate limits. Except as may be herein otherwise specified, the municipal court judge is vested with all of the jurisdiction and powers as to the entire area within the corporate limits of the city of Kennesaw. The municipal court is specifically invested with all jurisdiction and powers

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throughout the entire area within the corporate limits granted by state laws generally to mayors, municipal court judges, police courts, and particularly such laws as authorize the abatement of nuisances. Said municipal court judge is hereby authorized to administer oaths. (Ga. L. 1977, p. 3221)

Sec. 6.04. Right of appeal. The right of appeal and procedures pertaining to appeal bonds to the Superior Court of
Cobb County from the municipal court shall lie in the same manner and under the same procedure as generally prescribed for appeals and appeal bonds from the probate court. An appeal to the superior court shall be a de novo proceeding.

Sec. 6.05. Court costs. In all cases in the municipal court of the city of Kennesaw, the costs incurred and allowable
herein may be computed under the provisions of the laws of the State of Georgia fixing costs in the magistrate courts of said state, or the mayor and council may establish a schedule of fees to defray costs of operation and the city shall be entitled to reimbursement of the costs, meals, transportation, and caretaking of prisoners bound over to the superior court for violations of state law. The mayor and council may also provide a uniform scale of costs of the clerk and police officers of said city for all services in the arrest and prosecution of offenders in the municipal court and in the issuance and collection of tax and other executions; and for their collection and payment into the city treasury. The municipal court judge is hereby authorized to issue subpoenas to compel the attendance of witnesses to said municipal court, and to issue such other processes as may be necessary for the proper administration of said court.

Sec. 6.06. Rules for court. With the approval of the mayor and council, the municipal court 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 business of said court; provided, however, that the mayor and council may adopt in part or in to the rules and regulations relative to the procedures to the operation of the superior courts under the general laws of the State of Georgia.

Sec. 6.07. Probation. In addition to the provisions of Section 6.03 of this charter, the municipal court shall have
the authority to place any person found guilty of a violation of a traffic law or ordinance of the city of Kennesaw upon probation and to suspend or modify any sentence. In addition to such punishment, the court may require attendance at safety education schools, alcohol or drug risk reduction schools, or other training and educational programs. The municipal court shall have the authority to order any person placed on probation to pay a probation fee to the city of Kennesaw Probation Department or to any corporation, enterprise or agency to which

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the city of Kennesaw has contracted to perform probation services. In addition, any person required to attend a safety education school, alcohol or drug risk reduction school, or other training and educational programs shall pay all the costs thereof. The municipal court shall further have authority to require any person found guilty of a violation of a traffic law or ordinance of the city of Kennesaw to submit to random drug or alcohol testing and to pay all costs of said tests. The governing authority shall have the power to set probation fees. (Ga. L. 1992, p. 5916; Chrtr. Amend., 7-20-98; Ord. No. 1998-08, 7-20-98)

CLERK'S CERTIFICATION

CITY OF KENNESAW GEORGIA, COBB COUNTY

I, Debra Taylor, hereby certify that I am the Clerk for the City of Kennesaw and the lawful custodian of the books and records of said municipality, and as such do hereby certify that the attached Ordinance No. 2007-35, 2007 and copies of legal adverting are true and correct copies of document(s) on file at City Hall.

WITNESS, my hand and Seal of the City of Kennesaw, Georgia, on this 6th day of August, 2009.

ATTEST: s/ DEBRA TAYLOR Debra Taylor, City Clerk

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA - County of Cobb

Before me, the undersigned; a Notary Public, this day personally came Otis Brumby III, who, being duly sworn, according to law, says that he is the General Manager of Times Journal, Inc., publishers of the Marietta Daily Journal, official newspaper published in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 9, 16, 23, 30 day(s) of November 2007, and on the x day(s) of x x 20x, as provided by law.

s/ Otis Brumby III

GEORGIA LAWS 2010 SESSION
Subscribed and sworn to before me this 15 day of September, 2009 s/ TERRI ELHADDAOUI Notary Public My commission expires September 9, 2012. [SEAL]

4259

M-196 NOTICE OF PUBLIC HEARING

Notice is hereby given that the Mayor and Council of the City of Kennesaw, Georgia will conduct a public hearing on November 19 and December 3, 2007 at 6:30 p.m. in the City Council Chambers of Kennesaw City Hall at 2529 J.O. Stephenson Avenue, Kennesaw Georgia 30144 to consider updates and amendments to the City Charter and Chapter 2 "Administration" of the City of Kennesaw Code of Ordinances.

A copy of the proposed Charter and Ordinance changes are on file in the office of the City Clerk during normal business hours, Monday-Friday from 8:00AM to 5:00PM for public viewing.

Filed in the Office of the Secretary of State September 22, 2009. __________

CITY OF KENNESAW SALE OF CITY PROPERTY.

CITY OF KENNESAW, GEORGIA

ORDINANCE NO. 2008-27, 2008

AN ORDINANCE TO AMEND THE CHARTER BY REVISING ARTICLE IV - FISCAL ADMINISTRATION, SECTION 4.07 "SALE OF CITY PROPERTY"

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF KENNESAW, COBB COUNTY, GEORGIA, AS FOLLOWS:

SECTION 1. BE IT ORDAINED THAT the Charter of the City of Kennesaw, Georgia be amended by revising Article IV "Fiscal Administration," Section 4.07 "Sale of City Property" to read as follows:

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Sec. 4.07. Sale of city property. Subject to other provisions of State and Federal law, the mayor and council may sell any city property which is obsolete, surplus or unusable, at public sale with no less than 15 days' written notice to the public following the appropriate action declaring the property obsolete, surplus or unusable at a regular meeting of the mayor and council, for such consideration as received; provided, however, the mayor and council shall not be obligated to sell such property unless the mayor and council consider the price to be equitable and just. In accordance with O.C.G.A. Code 36-37-6(b) wherein surplus with an estimated value of $500 or less, as determined by the Finance Director, City Manager or his/her designee, may be sold in the open market without advertisement and without acceptance of bids. Notice of the sale of surplus may be posted on City bulletin boards so as to make it open market. (Ga. L. 1977, p. 3221; Ord. No. 2007-35, Exh. A, 12-3-07)

SECTION 2. BE IT FURTHER ORDAINED THAT all ordinances, parts of ordinances, or regulations in conflict herewith are repealed as of the effective date of this ordinance.

SECTION 3. BE IT FURTHER ORDAINED THAT should any section of this ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of the ordinance as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional.

SECTION 4. BE IT FURTHER ORDAINED THAT this ordinance shall become effective from and after its adoption and execution by the Mayor, pursuant to Section 2.11 of the City Charter of the City of Kennesaw.

PASSED AND ADOPTED by the Kennesaw City Council on this 4th day of August, 2008.

ATTEST: s/ DEBRA TAYLOR Debra Taylor, City Clerk [SEAL]

CITY OF KENNESAW: s/ MARK MATHEWS Mark Mathews, Mayor

CLERK'S CERTIFICATION

CITY OF KENNESAW GEORGIA, COBB COUNTY

I, Debra Taylor, hereby certify that I am the Clerk for the City of Kennesaw and the lawful custodian of the books and records of said municipality, and as such do hereby certify that

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the attached Ordinance No. 2008-27, 2008 is a true and correct copy of document(s) on file at City Hall.

WITNESS, my hand and Seal of the City of Kennesaw, Georgia, on this 30th day of June, 2009.

ATTEST: s/ DEBRA TAYLOR Debra Taylor, City Clerk

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA - County of Cobb Before me, the undersigned; a Notary Public, this day personally came Otis Brumby III, who, being duly sworn, according to law, says that he is the General Manager of Times Journal, Inc., publishers of the Marietta Daily Journal, official newspaper published in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 11, 18, 25 day(s) of July 2007, and on the x day(s) of x x 20x, as provided by law.

s/ Otis Brumby III

Subscribed and sworn to before me this 15 day of September, 2009 s/ TERRI ELHADDAOUI Notary Public My commission expires September 9, 2012 [SEAL]

M-2397 NOTICE OF PUBLIC HEARING
CITY OF KENNESAW Notice is hereby given that the Mayor and Council of the City of Kennesaw, Georgia will conduct public hearings on July 21 and August 4, 2008 at 6:30 p.m. in the City Council Chambers of Kennesaw City Hall at 2529 J.O. Stephenson Avenue, Kennesaw, Georgia 30144 to consider an Ordinance amending the Charter, Article IV "Fiscal Administration," Section 4.07 "Sale of City Property" as follows: in accordance with O.C.G.A. Code 36-37-6(b) wherein surplus with an estimated value as determined by the Finance Director, City Manager or his/her designee of $500 or less, may be sold in the open market without advertisement and without acceptance of bids. Notice of the sale of surplus may be posted on City bulletin boards so as to make it open market. A copy of the proposed

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Ordinance is on file in the Office of the City Clerk during normal business hours, Monday-Friday from 8:00AM to 5:00PM for public viewing.

Filed in the Office of the Secretary of State September 22, 2009. __________

CITY OF KENNESAW 9-1-1 COMMUNICATIONS.

CITY OF KENNESAW, GEORGIA

ORDINANCE NO. 2008-31, 2008

AN ORDINANCE TO AMEND THE KENNESAW CHARTER BY REVISING ARTICLE II - MAYOR AND COUNCIL, SECTION 2-06 "MAYOR AS PRESIDING OFFICER; ADDITIONAL POWERS" TO REFLECT THE ADDITION OF THE 911 COMMUNICATIONS DEPARTMENT

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF KENNESAW, COBB COUNTY, GEORGIA, AS FOLLOWS:

SECTION 1. BE IT ORDAINED THAT the Kennesaw Charter be amended by revising Article II "Mayor and Council," Section 2-06 "Mayor as Presiding Officer; Additional Powers" to reflect the inclusion of a standalone 911 Communications Department, as follows:

Sec. 2.06. Mayor as presiding officer; additional powers. The mayor shall preside at meetings of the council; shall have a vote only in the case of a tie vote by councilmembers; shall have veto power, and the mayor shall have five (5) business days after the meeting with the council in which to file with the clerk, in writing, this dissent, but the council may, at the same meeting or at the next regularly scheduled meeting of the mayor and council, pass any such ordinance, order or resolution, notwithstanding the veto, by a vote of four-fifths (4/5) of the total number of councilmembers, to be taken by ayes and nays, and entered upon the minutes; shall be the chief executive officer of the city; shall have the authority to appoint councilmembers to advise the various departments of the city through the direction of the city manager, provided, however, that each councilmember shall be appointed chairman of one of the following divisions of operation: general and administrative, police, public works, information technology, parks and recreation, community development, museum and preservation services, and 911 communications, the purpose of these designations shall be to provide input and review of policy issues and implementation of programs and policies; shall sign ordinances and resolutions on their final passage, may obtain short-term loans

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in the name of the city when authorized by the council to do so; shall sign deeds, bonds, and contracts when authorized by the council to do so; and shall perform such other duties imposed by this charter and duly adopted ordinances. (Ga. L. 1977, p. 3221; Chrtr Amend., 7-20-98; Ord. No. 2000-22, 1-15-01; Ord. No. 2007-35, Exh. A, 12-3-07)

SECTION 2. BE IT FURTHER ORDAINED THAT all ordinances, parts of ordinances, or regulations in conflict herewith are repealed as of the effective date of this ordinance.

SECTION 3. BE IT FURTHER ORDAINED THAT should any section of this ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of the ordinance as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional.

SECTION 4. BE IT FURTHER ORDAINED THAT this ordinance shall become effective from and after its adoption and execution by the Mayor, pursuant to Section 2.11 of the City Charter of the City of Kennesaw.

PASSED AND ADOPTED by the Kennesaw City Council on this 18th day of August, 2008.

ATTEST:

CITY OF KENNESAW:

s/ DEBRA TAYLOR Debra Taylor, City Clerk [SEAL]

s/ MARK MATHEWS Mark Mathews, Mayor

CLERK'S CERTIFICATION

CITY OF KENNESAW GEORGIA, COBB COUNTY

I, Debra Taylor, hereby certify that I am the Clerk for the City of Kennesaw and the lawful custodian of the books and records of said municipality, and as such do hereby certify that the attached Ordinance No. 2008-31, 2008 and copies of legal adverting are true and correct copies of document(s) on file at City Hall.

WITNESS, my hand and Seal of the City of Kennesaw, Georgia, on this 6th day of August, 2009.

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ATTEST: s/ DEBRA TAYLOR Debra Taylor, City Clerk

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA - County of Cobb Before me, the undersigned; a Notary Public, this day personally came Otis Brumby III, who, being duly sworn, according to law, says that he is the General Manager of Times Journal, Inc., publishers of the Marietta Daily Journal, official newspaper published in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 25 day(s) of July 2007, and on the 1, 8 day(s) of August 2007, as provided by law.

s/ Otis Brumby III

Subscribed and sworn to before me this 15 day of September, 2009 s/ TERRI ELHADDAOUI Notary Public My commission expires September 9, 2012 [SEAL]

M-2447 NOTICE OF PUBLIC HEARING Notice is hereby given that the Mayor and Council of the City of Kennesaw, Georgia will conduct a public hearing on August 4, 2008 at 6:30 p.m. in the City Council Chambers of Kennesaw City Hall at 2529 J.O. Stephenson Avenue, Kennesaw, Georgia 30144 to consider an amendment to the City Charter, Article II, Section 2.06 to reflect the addition of the 911 Communications Department of the City of Kennesaw Code of Ordinances. The amendment to this section will be changed to address the addition of the 911 Communications Department; "...shall have the authority to appoint councilmembers to advise the various departments of the city through the direction of the city manager, provided, however, that each councilmember shall be appointed chairman of one of the following divisions of operation: general and administrative, police, public works, information technology, parks and recreation, community development, museum and preservation services, and 911 communications..." A copy of the proposed Charter change is on file in the office of the City Clerk during normal business hours, Monday-Friday from 8:00 AM to 5:00 PM for public viewing.

Filed in the Office of the Secretary of State September 22, 2009.

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CITY OF KENNESAW MUNICIPAL COURT; JURISDICTION AND POWERS.

CITY OF KENNESAW GEORGIA

ORDINANCE NO. 2008-32, 2008

AN ORDINANCE OF THE CITY OF KENNESAW TO AMEND PART I, THE CHARTER, AND MORE PARTICULARLY ARTICLE VI, MUNICIPAL COURT OF THE CODE OF ORDINANCES OF THE CITY OF KENNESAW

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF KENNESAW, COBB COUNTY, GEORGIA, AS FOLLOWS:

SECTION 1: That Part I, The Charter; Article VI, Municipal Court; Section 6.03, Jurisdiction is hereby amended by enacting and replacing Section 6.03 entitled "Jurisdiction" as follows:

Sec. 6.03. Jurisdiction. The municipal court judge shall have power to impose fines, costs and forfeitures for the
violation of any law or ordinance of the city of Kennesaw passed in accordance with this charter, for each offense in an amount not to exceed $1,000.00, to imprison offenders for a period of not more than 6 months or both, or such lesser or greater amounts punishment as may be prescribed by state law. from time to time, to imprison offenders for a period of not more than 60 days, or at labor on the roads and streets or other public works of said city for not more than 60 days; and the said municipal court judge shall have the power and authority to impose any one or more of these punishments when s/he shall find that the facts of the case so justify. Said municipal court judge shall not have the authority to inflict a greater punishment for contempt than to impose a fine not exceeding $200, of $100 or imprisonment not exceeding 20 10 days or both, or such lesser or greater punishment as may be prescribed by state law. any combination of the two. S/he shall be to all intents and purposes a magistrate, so far as to enable him or her to issue warrants for offenses committed within the limits of the city of Kennesaw which warrants may be executed by an officer of said city, and to commit the offenders to jail or admit them to bail in bailable cases for their appearance at the next term of court of competent jurisdiction to be held in said city. The municipal court shall also have concurrent jurisdiction with that of the magistrate over offenses against the criminal laws of the state committed within the corporate limits. Except as may be herein otherwise specified, the municipal court judge is vested with all of the jurisdiction and powers as to the entire area within the corporate limits of the city of Kennesaw. The municipal court is specifically invested with all jurisdiction and powers throughout the entire area within the corporate limits granted by

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MUNICIPAL HOME RULE ORDINANCES

state laws generally to mayors, municipal court judges, police courts, and particularly such laws as authorize the abatement of nuisances. Said municipal court judge is hereby authorized to administer oaths.

(Ga. L. 1992, p. 1161; Ga. L. 1977, p. 3221; Ord. No. 2007-35, Exhibit A, 12-3-07; O.C.G.A. 15-7-84)

SECTION 2: BE IT FURTHER ORDAINED that this ordinance shall become effective from and after its adoption and execution by the Mayor, pursuant to Section 2.11 of the City Charter of the City of Kennesaw.

PASSED AND ADOPTED by the Kennesaw City Council on this 18th day of August, 2008.

ATTEST:

CITY OF KENNESAW:

s/ DEBRA TAYLOR Debra Taylor, City Clerk [SEAL]

s/ MARK MATHEWS Mark Mathews, Mayor

CLERK'S CERTIFICATION

CITY OF KENNESAW GEORGIA, COBB COUNTY

I, Debra Taylor, hereby certify that I am the Clerk for the City of Kennesaw and the lawful custodian of the books and records of said municipality, and as such do hereby certify that the attached Ordinance No. 2008-32, 2008 is a true and correct copy of document(s) on file at City Hall.

WITNESS, my hand and Seal of the City of Kennesaw, Georgia, on this 30th day of June, 2009.

ATTEST:

s/ DEBRA TAYLOR Debra Taylor, City Clerk

GEORGIA LAWS 2010 SESSION
CITY OF KENNESAW GEORGIA

4267

ORDINANCE NO. 2008-32, 2008

AN ORDINANCE OF THE CITY OF KENNESAW TO AMEND PART I, THE CHARTER, AND MORE PARTICULARLY ARTICLE VI, MUNICIPAL COURT OF THE CODE OF ORDINANCES OF THE CITY OF KENNESAW

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF KENNESAW, COBB COUNTY, GEORGIA, AS FOLLOWS:

SECTION 1: That Part I, The Charter; Article VI, Municipal Court; Section 6.03, Jurisdiction is hereby amended by enacting and replacing Section 6.03 entitled "Jurisdiction" as follows:

Sec. 6.03. Jurisdiction. The municipal court judge shall have power to impose fines, costs and forfeitures for the
violation of any law or ordinance of the city of Kennesaw passed in accordance with this charter, for each offense in an amount not to exceed $1,000.00, to imprison offenders for a period of not more than 6 months or both, or such lesser or greater amounts punishment as may be prescribed by state law. from time to time, to imprison offenders for a period of not more than 60 days, or at labor on the roads and streets or other public works of said city for not more than 60 days; and the said municipal court judge shall have the power and authority to impose any one or more of these punishments when s/he shall find that the facts of the case so justify. Said municipal court judge shall not have the authority to inflict a greater punishment for contempt than to impose a fine not exceeding $200, of $100 or imprisonment not exceeding 20 10 days or both, or such lesser or greater punishment as may be prescribed by state law. any combination of the two. S/he shall be to all intents and purposes a magistrate, so far as to enable him or her to issue warrants for offenses committed within the limits of the city of Kennesaw which warrants may be executed by an officer of said city, and to commit the offenders to jail or admit them to bail in bailable cases for their appearance at the next term of court of competent jurisdiction to be held in said city. The municipal court shall also have concurrent jurisdiction with that of the magistrate over offenses against the criminal laws of the state committed within the corporate limits. Except as may be herein otherwise specified, the municipal court judge is vested with all of the jurisdiction and powers as to the entire area within the corporate limits of the city of Kennesaw. The municipal court is specifically invested with all jurisdiction and powers throughout the entire area within the corporate limits granted by state laws generally to mayors, municipal court judges, police courts, and particularly such

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MUNICIPAL HOME RULE ORDINANCES

laws as authorize the abatement of nuisances. Said municipal court judge is hereby authorized to administer oaths.

(Ga. L. 1992, p.1161; Ga. L. 1977, p. 3221; Ord. No. 2007-35, Exhibit A, 12-3-07; O.C.G.A. 15-7-84)

CLERK'S CERTIFICATION

CITY OF KENNESAW GEORGIA, COBB COUNTY

I, Debra Taylor, hereby certify that I am the Clerk for the City of Kennesaw and the lawful custodian of the books and records of said municipality, and as such do hereby certify that the attached Ordinance No. 2008-32, 2008 and copies of legal adverting are true and correct copies of document(s) on file at City Hall.

WITNESS, my hand and Seal of the City of Kennesaw, Georgia, on this 6th day of August, 2009.

ATTEST:

s/ DEBRA TAYLOR Debra Taylor, City Clerk

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA - County of Cobb

Before me, the undersigned; a Notary Public, this day personally came Otis Brumby III, who, being duly sworn, according to law, says that he is the General Manager of Times Journal, Inc., publishers of the Marietta Daily Journal, official newspaper published in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 25 day(s) of July 2007, and on the 1, 8, 29 day(s) of August 2007, as provided by law.

s/ OTIS BRUMBY III

Subscribed and sworn to before me this 15 day of September, 2009 s/ TERRI ELHADDAOUI Notary Public

GEORGIA LAWS 2010 SESSION
My commission expires September 9, 2012 [SEAL]

4269

M-2450 NOTICE OF PUBLIC HEARING Notice is hereby given that the Mayor and Council of the City of Kennesaw, Georgia will conduct a public hearing on August 4, 2008 at 6:30 p.m. in the City Council Chambers of Kennesaw City Hall at 2529 J.O. Stephenson Avenue, Kennesaw, Georgia 30144 to consider an amendment to the City Charter, Article VI, Municipal Court, Section 6.03, "Jurisdiction" of the City of Kennesaw Code of Ordinances. The amendment to this section of the Charter will be changed in part to include: The municipal court judge shall have power to impose fines, costs and forfeitures for the violation of any law or ordinance of the city of Kennesaw passed in accordance with this charter, for each offense in an amount not to exceed $1,000.00, to imprison offenders for a period of not more than 6 months or both, or such lesser or greater punishment as may be prescribed by state law. Said municipal court judge shall not have the authority to inflict a greater punishment for contempt than to impose a fine not exceeding $200, imprisonment not exceeding 10 days or both, or such lesser or greater punishment as may be prescribed by state law. A copy of the proposed Charter changes are on file in the office of the City Clerk during normal business hours, Monday-Friday from 8:00 AM to 5:00 PM for public viewing.

Filed in the Office of the Secretary of State September 22, 2009. __________

CITY OF ATLANTA MUNICIPAL COURT; SENIOR JUDGE.

CITY COUNCIL ATLANTA, GEORGIA

AN ORDINANCE

09-0-0996

BY COUNCILMEMBERS JIM MADDOX AND CLETA WINSLOW

AS SUBSTITUTED AND AMENDED BY PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE AND BY FULL COUNCIL

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 PART 1, SUBPART A,

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ARTICLE IV (COURTS); WHICH SHALL BE SECTION 4-118, TO BE ENTITLED SENIOR JUDGE SO AS TO CREATE THE POSITION OF SENIOR JUDGE OF THE MUNICIPAL COURT, TO SET FORTH THE DUTIES THEREOF, AND TO SET FORTH THE COMPENSATION TO BE PAID THERETO; 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 (hereinafter "City") by ordinance; and

Whereas, it is the intent of Council to add a new section of the Charter; Article 4, which shall read: Section 4-118. Senior Judge; and

Whereas, a Senior Judge shall be any Municipal Court Judge who retires in good standing after July 1, 2009; and

Whereas, the function for the Senior Judge shall be the same as any Municipal Court Judge; and

Whereas, the compensation for a Senior Judge shall be approved by Atlanta City Council and shall not affect the right of any retired employee to collect pension or other retirement benefits;

NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ATLANTA, GEORGIA AS FOLLOWS:

SECTION 1: That Part I, Subpart A, Article IV of the Charter Of The City Of Atlanta, Georgia, 1996 Ga. Laws P. 4469, et seq., be amended to add a new section 4-118, which shall read as follows:

Section 4-118. Senior Judge

(a) Creation. Any Municipal Court Judge who retires in good standing after July 1, 2009, shall be a Senior Judge of the Atlanta Municipal Court

(b) Duties. The Senior Judge who retires shall continue to be in good standing with the State Bar of Georgia and shall be authorized to sit and function as a Municipal Court Judge in the event of emergency or necessity of the court at the request of the Municipal Court's Chief Judge.

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(c) Compensation. Any compensation provided for this service shall be approved by the Atlanta City Council.

SECTION 2: That a copy of this proposed amendment to the Charter of the City of Atlanta, Georgia 1996 Ga. L., et seq. as amended, shall be filed 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 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 3: That all ordinances and parts of ordinances in conflict herewith are hereby waived to the extent of the conflict.

ADOPTED by the Atlanta City Council SEP 21, 2009 RETURNED WITHOUT SIGNATURE BY MAYOR APPROVED as per City Charter Section 2-403 SEP 30, 2009

A true copy, s/ FERIS WEBB III Deputy Clerk

Exhibit "A" NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA

Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. Laws, 1996, p. 4469, et seq.) approved April 15, 1996, as amended, said Ordinance being captioned as follows:
AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF ATLANTA, GEORGIA ADOPTED UNDER AND BY VIRTUE OF THE AUTHORITY OF THE MUNICIPAL HOME RULE ACT OF 1965, 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 PART 1, SUBPART A, ARTICLE IV (COURTS); WHICH SHALL BE SECTION 4-118, TO BE ENTITLED SENIOR JUDGE SO AS TO CREATE THE POSITION OF SENIOR JUDGE OF THE MUNICIPAL COURT, TO SET FORTH THE DUTIES THEREOF, AND TO SET

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FORTH THE COMPENSATION TO BE PAID THERETO; TO REPEAL CONFLICTING ORDINANCES AND FOR OTHER PURPOSES.

A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the Offices of the clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public.

This _____ day of_________, 2009.

_____________________ Rhonda Dauphin Johnson
Municipal Clerk City of Atlanta

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 09-0-0996 was published in said newspaper on the following date(s):

07/30/09, 08/06/09, 08/13/09

s/ CAROLYN JERNIGAN GLENN CAROLYN J. GLENN, PUBLISHER

Sworn to and subscribed before me this 08/13/09.

s/ JACQUELINE BRYANT Notary Public My commission expires September 22, 2010

THE OFFICIAL LEGAL ORGAN OF DEKALB COUNTY

[SEAL]

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PUBLIC NOTICE Notice of Proposed Amendment
To The Charter of The City of Atlanta Notice is hereby given that an Ordinance (09-O-0996) has been introduced to amend the Charter of the City of Atlanta (Ga. Laws, 1996, p. 4469, et seq.) approved April 15, 1996, as amended, said Ordinance being captioned as follows:

An Ordinance to amend the charter of the City of Atlanta, Georgia adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965, 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 Part 1, Subpart A, Article IV (Courts); which shall be Section 4-118, to be entitled Senior Judge so as to create the position of Senior Judge of the Municipal Court, to set forth the duties thereof, and to set forth the compensation to be paid thereto; to repeal conflicting ordinances; and for other purposes.

A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the Offices of the clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public.

Given Under My Hand and Seal of this Office on this 22nd day of July, 2009.

Rhonda Dauphin Johnson Municipal Clerk

PUBLISHER'S AFFIDAVIT

DONNA McDUFFIE, personally appeared before me, the undersigned Notary Public, who states he is an ACCOUNT EXECUTIVE 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): JULY 30, AUGUST 06, 13, 2009.

SWORN TO AND SUBSCRIBED BEFORE ME, THIS 26TH DAY OF AUGUST 2009

s/ SHERRY W. SULLIVAN (NOTARY SIGNATURE) MY COMMISSION EXPIRES JANUARY 24, 2011

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MUNICIPAL HOME RULE ORDINANCES PUBLIC NOTICE

NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA

Notice is hereby given that an Ordinance (09-O-0996) has been introduced to amend the Charter of the City of Atlanta (Ga. Laws, 1996, p. 4469, et seq.) approved April 15, 1996, as amended, said Ordinance being captioned as follows:

AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF ATLANTA, GEORGIA ADOPTED UNDER AND BY VIRTUE OF THE AUTHORITY OF THE MUNICIPAL HOME RULE ACT OF 1965, 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 PART 1, SUBPART A, ARTICLE IV (COURTS); WHICH SHALL BE SECTION 4-118, TO BE ENTITLED SENIOR JUDGE SO AS TO CREATE THE POSITION OF SENIOR JUDGE OF THE MUNICIPAL COURT, TO SET FORTH THE DUTIES THEREOF, AND TO SET FORTH THE COMPENSATION TO BE PAID THERETO; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES.

A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the Offices of the clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public.

GIVEN UNDER MY HAND AND SEAL OF THIS OFFICE ON THIS 22nd day of July, 2009.

Rhonda Dauphin Johnson Municipal Clerk

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF FULTON Re: 1275179

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 of the Incisive Media, publishers of the Daily Report, the official newspaper published in Atlanta, Ga, in said county and state,

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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:

07/30/2009, 08/06/2009,08/13/2009

s/ MONIQUE BUSSEY Monique Bussey (Agent)

s/ K. MOSLEY Kaweemah Mosley (Notary Public) Subscribed and sworn to before me this 13th of August, 2009.

[SEAL]

PUBLIC NOTICE

NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA

Notice is hereby given that an Ordinance (09-O-0996) has been introduced to amend the Charter of the City of Atlanta (Ga. Laws, 1996, p. 4469, et seq.) approved April 15, 1996, as amended, said Ordinance being captioned as follows:

AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF ATLANTA, GEORGIA ADOPTED UNDER AND BY VIRTUE OF THE AUTHORITY OF THE MUNICIPAL HOME RULE ACT OF 1965, 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 PART 1, SUBPART A, ARTICLE IV (COURTS); WHICH SHALL BE SECTION 4-118, TO BE ENTITLED SENIOR JUDGE SO AS TO CREATE THE POSITION OF SENIOR JUDGE OF THE MUNICIPAL COURT, TO SET FORTH THE DUTIES THEREOF, AND TO SET FORTH THE COMPENSATION TO BE PAID THERETO; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES.

A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the Offices of the clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public.

GIVEN UNDER MY HAND AND SEAL OF THIS OFFICE ON THIS 22nd day of July, 2009.

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Rhonda Dauphin Johnson Municipal Clerk

Filed in the Office of the Secretary of State October 13, 2009. __________

CITY OF ATLANTA FINANCIAL STABILIZATION PLAN.

CITY COUNCIL ATLANTA, GEORGIA

09-O-1406 09-0-

AN ORDINANCE

BY COUNCILMEMBERS s/ FELICIA A. MOORE FELICIA A. MOORE, s/ JOYCE M. SHEPERD JOYCE SHEPERD, s/ HOWARD SHOOK HOWARD SHOOK, s/ CLAIR MULLER CLAIR MULLER, s/ CARLA SMITH CARLA SMITH, s/ C.T. MARTIN C.T. MARTIN, s/ MARY NORWOOD MARY NORWOOD, s/ IVORY LEE YOUNG IVORY LEE YOUNG, JR., s/ ANNE FAUVER ANNE FAUVER, s/ CEASAR MITCHELL CEASAR MITCHELL, s/ KWANZA HALL KWANZA HALL, s/ H. L. WILLIS H. LAMAR WILLIS, s/ JIM MADDOX JIM MADDOX AND s/ NATALYN M. ARCHIBONG NATALYN MOSBY ARCHIBONG s/ CLETA WINSLOW CLETA WINSLOW

AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF ATLANTA, GEORGIA, 1996 GA LAWS P. 4469, ET SEQ., 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, BY AMENDING PART 1, SUBPART A, ARTICLE VI (REVENUE AND FUND ADMINISTRATION), CHAPTER III (FISCAL CONTROL) TO CREATE A NEW SECTION WHICH SHALL BE SECTION 6-312 TO BE ENTITLED FINANCIAL STABILIZATION PLAN, WHICH NEW SECTION 6-312 SHALL PROVIDE FOR THE DEVELOPMENT AND ADOPTION OF AN ANNUAL FINANCIAL STABILIZATION PLAN COVERING A PERIOD OF FIVE YEARS; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES.

WHEREAS, the City of Atlanta (the "City") is facing unprecedented short and long-term budget challenges; and

WHEREAS, the Chief Financial Officer for the Department of Finance has stated that the City's financial recovery will span several years and that priorities will need to be established and considered before the City undertakes any new spending, which statements have been supported by recent audits and assessments and actions of the part of rating agencies; and

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WHEREAS, on April 1, 2008, the City's Internal Auditor submitted a performance audit report on the 2008 General Fund Budget process, which, among other things, called for the establishment of policies to guide long and short-term financial planning and monitoring, including the maintenance of fund balances, the use of non-recurring and surplus revenues, the development of five-year financial forecasts and interim financial reporting; and

WHEREAS, in January 2009, Deloitte Consulting conducted a pro-bono assessment of the Department of Finance and provided recommendations for improvement of business processes; and

WHEREAS, in March 2009, Moody's Investor Service downgraded the City's general obligation rating from "A1" to "Aa3" , which downgrade was based on the diminished financial position of the City's general fund, including the decline in fund balance levels, the prolonged trend of structural imbalance and the indefinite resolution of inter-fund receivables related to accumulated deficits in other operating funds; and

WHEREAS, in March 2009, Standard and Poor s Rating Service also lowered its standard long-term and underlying rating on the City's general obligation debt to "A" from "AA-" based on a trend of operating deficits and declining revenues during a period of strong economic growth, which has left the City with diminished revenues and a lack of financial flexibility as it enters the current economic downturn; and

WHEREAS, to address these issues the Council of the City of Atlanta desires to establish guidelines and priorities for long-term financial planning through the development of a comprehensive annual Financial Stabilization Plan; and

WHEREAS, the Charter of the City of Atlanta, Georgia, 1996 Ga. Laws P. 4469, et seq., Part I, Subpart A, Article VI, Chapter III entitled Fiscal Control sets forth certain provisions governing the budgetary process and other fiscal control policies of the City; and

WHEREAS, the Council of the City of Atlanta now desires to amend Part I, Subpart A, Article VI, Chapter III of the Charter of the City of Atlanta to provide for a new section 6-312 to be entitled "Financial Stabilization Plan"; and

WHEREAS, such new Section 6-312 shall provide for the annual preparation by the Mayor of a five-year Financial Stabilization Plan, which shall project general fund revenues and general fund expenses and shall provide a calculation of the surplus or deficit produced by the projected revenues and expenditures, a cost estimate of long term initiatives, a list of revenue initiatives, and a list of cost saving initiatives;

THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA, HEREBY ORDAINS:

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SECTION 1: That Part I, Subpart A, Article VI, Chapter III of the Charter of the City of Atlanta, Georgia, 1996 Ga. Laws P. 4469, et seq., be amended to add a new section 6-312, which shall read as follows:

Section 6-312. Financial Stabilization Plan

(a) The Mayor shall present to the governing body by October 15 of each year a five-year Financial Stabilization Plan consisting of the following elements:
(1) A five-year projection of general fund revenues broken down by major category. The projection shall identify the economic trends and assumptions upon which such projection is based.
(2) A five-year projection of total general fund expenses on a departmental level. Such expense projection shall assume the continuation of department operations as they exist in the current general fund budget and shall take into account the following: i. The effect of inflation on general fund budgeted costs; ii. A projection of pension costs as provided by the City's actuaries; and iii. Costs occurring in future years that the City is legally obligated to pay.
(3) A calculation of the surplus or deficit produced by the projected revenues and expenditures described in (1) and (2) above.
(4) A cost estimate of long-term initiatives of the City. Such initiatives shall include, but are not limited to, long-term operating infrastructure and capital infrastructure needs and the elimination of deficit positions in funds that are subsidized or have historically been subsidized by the general fund. At any time the governing body of the City may, by resolution, request specific long-term initiatives to be included in the five-year Financial Stabilization Plan.
(5) A comprehensive list of revenue initiatives the City may pursue during the five years covered by the Financial Stabilization Plan, including an estimate of the revenues to be produced by such initiatives.
(6) A comprehensive list of cost saving initiatives the City may pursue during the five years covered by the Financial Stabilization Plan, including an estimate of costs saved by such initiatives.
(b) The governing body shall adopt the Financial Stabilization Plan by December 31 of each year.

SECTION 2. That a copy of this proposed amendment to the Charter of the City of Atlanta, Georgia, 1996 Ga. Laws 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 of the Clerk of the Superior Courts of Fulton and DeKalb Counties and that the "Notice of Proposed Amendment to the Charter of the City of Atlanta, Georgia" attached hereto as Exhibit "A" and hereby 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

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weeks within a period of 60 days immediately preceding the final adoption of this ordinance, 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. That all ordinances and parts of ordinances in conflict herewith are hereby waived to the extent of the conflict.

ADOPTED by the Atlanta City Council APPROVED by Mayor Shirley Franklin

SEP 21, 2009 SEP 25, 2009

A true copy, s/ FARIS WEBB III Deputy Clerk

AFFIDAVIT OF PUBLICATION

STATE OF GEORGIA COUNTY OF FULTON

Personally appeared before me, the undersigned Notary Public, who after being duly sworn states under oath that she/he is the Legal Notice clerk of Atlanta Newspapers, proprietors of The Atlanta Journal-Constitution (Daily) and the Atlanta Journal-Constitution (Saturday and Sunday) newspapers of general circulation published in the City of Atlanta, Georgia, and who further states under oath that the advertisement attached hereto and made a part of this affidavit appeared in The Atlanta Journal-Constitution in its edition of:

September 20, 2009.
Sworn to and subscribed before me, This 5th day of October, 2009 s/ DONNA R. MCDUFFIE Commission Expires August 12, 2013

s/ DONNA MCDUFFIE Donna McDuffie, Legal Clerk

PUBLIC NOTICE

NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA Notice is hereby given that an Ordinance (09-O-1406) has been introduced to amend the Charter of the City of Atlanta (Ga. Laws, 1996, p. 4469, et seq.) approved April 15, 1996, as amended, said Ordinance being captioned as follows:

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AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF ATLANTA, GEORGIA, 1996 GA LAWS P. 4469, ET SEQ., 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, BY AMENDING PART 1, SUBPART A, ARTICLE VI (REVENUE AND FUND ADMINISTRATION), CHAPTER III (FISCAL CONTROL) TO CREATE A NEW SECTION WHICH SHALL BE SECTION 6-312 TO BE ENTITLED FINANCIAL STABILIZATION PLAN, WHICH NEW SECTION 6-312 SHALL PROVIDE FOR THE DEVELOPMENT AND ADOPTION OF AN ANNUAL FINANCIAL STABILIZATION PLAN COVERING A PERIOD OF FIVE YEARS; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES.

A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the Offices of the clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public.

GIVEN UNDER MY HAND AND SEAL OF THIS OFFICE ON THIS 25th day of August, 2009.

Rhonda Dauphin Johnson MUNICIPAL CLERK

PUBLISHER'S AFFIDAVIT

DONNA McDUFFIE, personally appeared before me, the undersigned Notary Public, who states he is an ACCOUNT EXECUTIVE 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): SEPTEMBER 10, 17, 2009.

SWORN TO AND SUBSCRIBED BEFORE ME,

THIS 21ST DAY OF SEPTEMBER 2009

s/ SHERRY W. SULLIVAN (NOTARY SIGNATURE) MY COMMISSION EXPIRES JANUARY 24, 2011

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NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA

Notice is hereby given that an Ordinance (09-O-1406) has been introduced to amend the Charter of the City of Atlanta (Ga. Laws, 1996, p. 4469, et seq.) Approved April 15, 1996, as amended, said Ordinance being captioned as follows:

AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF ATLANTA, GEORGIA, 1996 GA LAWS P. 4469, ET SEQ., 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, BY AMENDING PART 1, SUBPART A, ARTICLE VI (REVENUE AND FUND ADMINISTRATION), CHAPTER III (FISCAL CONTROL) TO CREATE A NEW SECTION WHICH SHALL BE SECTION 6-312 TO BE ENTITLED FINANCIAL STABILIZATION PLAN, WHICH NEW SECTION 6-312 SHALL PROVIDE FOR THE DEVELOPMENT AND ADOPTION OF AN ANNUAL FINANCIAL STABILIZATION PLAN COVERING A PERIOD OF FIVE YEARS; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES.

A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the Offices of the clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public.

GIVEN UNDER MY HAND AND SEAL OF THIS OFFICE ON THIS 25th day of August, 2009.

Rhonda Dauphin Johnson MUNICIPAL CLERK

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF FULTON Re: 1296450

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 of the Incisive Media, publishers of the Daily Report, the official newspaper published in Atlanta, Ga, in said county and state,

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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:

09/03/2009,09/10/2009,09/17/2009

s/ MONIQUE BUSSEY Monique Bussey (Agent)

s/ K. MOSLEY Kaweemah Mosley (Notary Public) Subscribed and sworn to before me this 17th of September, 2009.

[SEAL]

NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA Notice is hereby given that an Ordinance (09-0-1406) has been introduced to amend the Charter of the City of Atlanta (Ga. Laws, 1996, p. 4469, et seq.) approved April 15, 1996, as amended, said Ordinance being captioned as follows:

AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF ATLANTA, GEORGIA 1996 GA LAWS P.4469, ET SEQ., 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, BY AMENDING PART 1, SUBPART A, ARTICLE VI (REVENUE AND FUND ADMINISTRATION), CHAPTER III (FISCAL CONTROL) TO CREATE A NEW SECTION WHICH SHALL BE SECTION 6-312 TO BE ENTITLED FINANCIAL STABILIZATION PLAN WHICH NEW SECTION 6-312 SHALL PROVIDE FOR THE DEVELOPMENT AND ADOPTION OF AN ANNUAL FINANCIAL STABILIZATION PLAN COVERING A PERIOD OF FIVE YEARS; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES.

A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the Offices of the clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public.

GIVEN UNDER MY HAND AND SEAL OF THIS OFFICE ON THIS 25th day of August, 2009.

Rhonda Dauphin Johnson MUNICIPAL CLERK

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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, 09-0-1406 was published in said newspaper on the following date(s): 09/03/09, 09/10/09, 09/17/09

s/ CAROLYN JENNIGAIN GLENN CAROLYN J. GLENN, PUBLISHER

Sworn to and subscribed before me this 09/17/09.

s/ JACQUELINE BRYANT Notary Public My commission expires September 22, 2010

THE OFFICIAL LEGAL ORGAN OF DEKALB COUNTY [SEAL]

PUBLIC NOTICE Notice of Proposed Amendment
To The Charter of The City of Atlanta Notice of hereby given that an Ordinance (09-O-1406) has been introduced to amend the Charter of the City of Atlanta (Ga. Laws, 1996, p. 4469, et seq.) approved April 15, 1996, as amended, said Ordinance being captioned as follows:

An ordinance to amend the charter of the city of Atlanta, Georgia 1996 GA Laws P. 4469, et seq., 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, by amending Part 1, Subpart A, Article VI (Revenue and Fund Administration), Chapter III (Fiscal Control) to create a new section which shall be section 6-312 to be entitled Financial Stabilization Plan which new section 6-312 shall provide for the development and adoption of an annual financial stabilization plan covering a period of five years; to repeal conflicting ordinances; and for other purposes.

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A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the Offices of the clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public.

Given under my hand and seal of this office on this 25th day of August, 2009.

Rhonda Dauphin Johnson Municipal Clerk

Filed in the Office of the Secretary of State October 19, 2009. __________

CITY OF ATLANTA EMPLOYMENT OF RETIREES; CORRECTIVE LEGISLATION.

CITY COUNCIL ATLANTA, GEORGIA

s/ JOYCE M. SHEPERD, s/ H. L. WILLIS, s/ CLAIR MULLER, s/ FELICIA A. MOORE, s/ HOWARD SHOOK, s/ MARY NORWOOD, s/ CARLA SMITH, s/ CLETA WINSLOW, s/ IVORY LEE YOUNG JR., s/ ANNE FAUVER, s/ NATALYN M. ARCHIBONG

CORRECTIVE LEGISLATION

AN ORDINANCE AND CHARTER AMENDMENT BY COUNCILMEMBER FELICIA A. MOORE

09-O-1714

AN ORDINANCE AND CHARTER AMENDMENT ADOPTED UNDER AND BY VIRTUE OF THE AUTHORITY OF THE MUNICIPAL HOME RULE ACT OF 1965 (GA. LAWS 1965, p. 298, ET SEQ.) AS AMENDED, TO AMEND SECTION 3-505(c) (ENTITLED "TEMPORARY ENGAGEMENT BY CONTRACT, REEMPLOYMENT OR ELECTION OF PERSONS RETIRED UNDER MUNICIPAL LAWS") OF THE CHARTER OF THE CITY OF ATLANTA, GEORGIA (GA. LAWS 1996, P. 4469, ET SEQ.) APPROVED APRIL 15, 1996, AS AMENDED, SO AS TO IDENTIFY CIRCUMSTANCES AFFECTING THE REEMPLOYMENT OF RETIREES; TO REPEAL CONFLICTING ORDINANCES AND CHARTER AMENDMENTS; AND FOR OTHER PURPOSES.

WHEREAS, it was the intent of Ordinance #08-O-0820, adopted May 5, 2008 and approved May 13, 2008, to amend Section 3-505 (c) of the Charter of the City of Atlanta, Georgia,

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however, the procedure followed was not in accordance with O.C.G.A. 36-35-3 which sets forth the rules and regulations for the adoption of "Home Rule" charter amendments; and

WHEREAS, pursuant to O.C.G.A. 36-35-7, municipal charters can only be amended in accordance with O.C.G.A. 36-35-3, causing Ordinance #08-O-0820 to be null, void and of no effect; and

WHEREAS, it is the purpose of this legislation to follow the correct procedure so as to properly amend Charter Section 3-505 (c) in accordance with O.C.G.A. 36-35-3.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF ATLANTA, GEORGIA, HEREBY ORDAINS as follows:

Section 1: Section 3-505 (c) (entitled "Temporary engagement by contract, if reemployment or election of persons retired under municipal laws") of the Charter of the City of Atlanta, Georgia (Ga. laws 1996, p. 4469, et seq.) approved April 15, 1996, as amended, which currently provides as follows:

(c) In the event the particularized services required by the city are not amenable to an independent contractor agreement with a retiree, the City of Atlanta may reemploy a retiree for any single period of time, or any several periods of time, which shall not exceed 520 business days, whether continuously or in separate days of employment, for the purpose of availing the city of some particularized skill possessed by said retiree. During the period of this limited reemployment said retiree shall be entitled to continue to receive his or her regular pension payments, but shall not acquire any civil service rights or any further pension rights, and shall not be required to make any contribution to the pension fund. Limited reemployment pursuant to this subsection shall not commence until such time as the department head and chief financial officer shall confer with the mayor to confirm the exigency of retaining such particularized expertise within city government, and the council shall have approved such reemployment by resolution.

Is hereby repealed and deleted in its entirety with the following being substituted in lieu thereof:

(c) In the event the particularized services required by the city are not amenable to an independent contractor agreement with a retiree, the City of Atlanta may reemploy a retiree for the purpose of availing the city of some particularized skill possessed by said retiree under the following circumstances.

(1) The reemployment for any single period of time, or any several periods of time, shall not exceed 520 business days, whether continuously or in separate days of employment.

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(2) With the reemployment request, the reemploying department provides a plan, including a timetable for the permanent provision of the services which are temporarily being provided by the reemployed retiree. (3) Single or concurrent multiple reemployment periods shall not exceed 120 business days without reauthorization by city council.

Section 2: A copy of this proposed amendment to the Charter of the City of Atlanta, Georgia (Ga. Laws 1996, p.4469, et seq.), approved April 15, 1996, as amended, shall be filed 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 and that a "Notice of Proposed Amendment to the Charter of the City of Atlanta, Georgia", attached hereto as Exhibit "A" and by reference, made a part hereof, 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.

Section 3: All ordinances and charter amendments and parts of ordinances and charter amendments in conflict herewith are hereby repealed.

ADOPTED by the Atlanta City Council APPROVED by Mayor Shirley Franklin

OCT 19, 2009 OCT 27, 2009

A true copy, s/ RHONDA DAUPHIN JOHNSON Municipal 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 3-505 (c) (ENTITLED "TEMPORARY ENGAGEMENT BY CONTRACT, REEMPLOYMENT OR ELECTION OF PERSONS RETIRED UNDER MUNICIPAL LAWS") OF THE CHARTER OF THE CITY OF ATLANTA, GEORGIA (GA. LAWS 1996, P. 4469, ET SEQ.) APPROVED APRIL 15, 1996, AS AMENDED, SO AS TO IDENTIFY CIRCUMSTANCES AFFECTING THE REEMPLOYMENT OF RETIREES; TO REPEAL CONFLICTING ORDINANCES AND CHARTER AMENDMENTS; AND FOR OTHER PURPOSES.

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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 _________, 2009.

Rhonda Dauphin Johnson Municipal Clerk City of Atlanta

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, 09-0-1714 was published in said newspaper on the following date(s):

10/01/09, 10/08/09, 10/15/09

s/ CAROLYN JERNIGAN GLENN CAROLYN J. GLENN, PUBLISHER

Sworn to and subscribed before me this 10/15/09.

s/ JACQUELINE BRYANT Notary Public My commission expires September 22, 2010

THE OFFICIAL LEGAL ORGAN OF DEKALB COUNTY

[SEAL]

4288

MUNICIPAL HOME RULE ORDINANCES
PUBLIC NOTICE Notice of Proposed Amendment
To The Charter of The City of Atlanta, Georgia

Notice is hereby given that an Ordinance (09-O-1714) has been introduced to amend Section 3-505 (c) (Entitled "Temporary Engagement by Contract, Reemployment or Election of Persons Retired Under Municipal Laws") of the Charter of the City of Atlanta, Georgia (Ga. Laws 1996, p. 4469, et. seq.) approved April 15, 1996, as amended, so as to identify circumstances affecting the reemployment of retirees; to repeal conflicting ordinances and charter amendments; 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 24th day of September, 2009.

Rhonda Dauphin Johnson Municipal Clerk

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF FULTON Re: 1315805

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 of the Incisive Media, 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:

10/01/2009, 10/08/2009, 10/15/2009

s/ MONIQUE BUSSEY Monique Bussey (Agent)

s/ K. MOSLEY Kaweemah Mosley (Notary Public) Subscribed and sworn to before me this 15th of October, 2009.

[SEAL]

GEORGIA LAWS 2010 SESSION PUBLIC NOTICE

4289

NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA, GEORGIA

Notice is hereby given that an Ordinance (09-O-1714) has been introduced to amend Section 3-505 (c) (Entitled "Temporary Engagement by Contract, Reemployment or Election of Persons Retired Under Municipal Laws") of the Charter of the City of Atlanta, Georgia (Ga. Laws 1996, p. 4469, et. seq.) approved April 15, 1996, as amended, so as to identify circumstances affecting the reemployment of retirees; to repeal conflicting ordinances and charter amendments; 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 24th day of September, 2009.

Rhonda Dauphin Johnson MUNICIPAL CLERK

PUBLISHER'S AFFIDAVIT

DONNA McDUFFIE, personally appeared before me, the undersigned Notary Public, who states she is an ACCOUNT EXECUTIVE 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): OCTOBER 03, 10, 17, 2009.

SWORN TO AND SUBSCRIBED BEFORE ME,

THIS 09TH DAY OF OCTOBER 2009

s/ SHERRY W. SULLIVAN (NOTARY SIGNATURE) Commission Expires January 24, 2011

4290

MUNICIPAL HOME RULE ORDINANCES
PUBLIC NOTICE NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA, GEORGIA

Notice is hereby given that an Ordinance (09-O-1714) has been introduced to amend Section 3-505 (c) (Entitled "Temporary Engagement by Contract, Reemployment or Election of Persons Retired Under Municipal Laws") of the Charter of the City of Atlanta, Georgia (Ga. Laws 1996, p. 4469, et. seq.) approved April 15, 1996, as amended, so as to identify circumstances affecting the reemployment of retirees; to repeal conflicting ordinances and charter amendments; 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 24th day of September, 2009.

Rhonda Dauphin Johnson MUNICIPAL CLERK

Filed in the Office of the Secretary of State November 2, 2009. __________

CITY OF UNION POINT MAYOR AND COUNCIL; COMPENSATION.

RESOLUTION AMENDING CHARTER REGARDING MAYOR AND COUNCIL PAY

A Resolution of the Mayor and Council of Union Point ("City") amending the charter for the City.

WHEREAS, the City is authorized under Georgia law to amend its charter per Home Rule, and the Mayor and Council already authorized via vote on September 17, 2009 to move forward on this, thus the City Clerk ran legal advertisements in the legal organ of Greene County once a week for three consecutive weeks immediately preceding the October 13, 2009 meeting and for 3 consecutive weeks immediately preceding the November 10, 2009 meeting, setting forth the City's intention to approve the amendment by home rule via this Resolution.

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BE IT RESOLVED by the Mayor and Council of the City of Union Point, Greene County, Georgia, and it is hereby resolved that the City hereby amends the City charter, by changing the first two sentences of Section 2.13 to add the underlined language to thus read as follows:

"SECTION 2.13. Compensation and expenses.

The compensation of each councilmember shall be $100.00 per month, to be paid only upon attendance of the monthly regular council meeting. The mayor shall be compensated in the amount of $200.00 per month, to be paid only upon attendance of the monthly regular council meeting."

The Mayor and City Clerk are authorized to execute all necessary documents and take all actions reasonably necessary to accomplish the passage of the amendment. All resolutions and parts of resolutions in conflict with this resolution are hereby repealed. This resolution is deemed to be severable, and if any phrase, clause, sentence, paragraph or part of this resolution shall for any reason be determined invalid, such determination shall not affect, impair or invalidate the remainder of this resolution. This resolution shall become effective immediately upon passage.

Approved November 10, 2009, after a first reading on October 13, 2009.

CITY OF UNION POINT By: s/ LANIER RHODES
Mayor s/ YVONNE HEIDBRIDER
Council Member s/ PAUL CALLAWAY
Council Member s/ JILL RHODES Council Member s/ DENNIS MITCHELL Council Member s/ JOEL MCRAY Council Member

Attest: s/ WAYNE JACKSON City Clerk

4292

MUNICIPAL HOME RULE ORDINANCES PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF GREENE

Before me a notary public in and for Greene County appeared, Carey Williams, who on oath says that he is publisher of The Herald Journal and he affirms the attached legal notice appeared in The Herald Journal, an official newspaper in which the sheriff's notice appear.

The attached legal notice did appear in The Herald Journal on: September 24, October 1, 8, 2009, October 22, 29, Nov. 5, 2009

s/ CAREY WILLIAMS Carey Williams, Editor, The Herald Journal

Sworn to and subscribed before me this 12th day of November, 2009.

s/ JAN G. FOSTER Notary Public [SEAL]

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given by the City of Union Point Mayor and Council that it will consider at the regular October 13, 2009 and November 10, 2009 meetings, a Charter amendment by home rule via Resolution, to add the underlined language to the first two sentences of Charter Section 2.13, Compensation and expenses, to read as follows: "The compensation of each councilmember shall be $100.00 per month, to be paid only upon attendance of the monthly regular council meeting. The mayor shall be compensated in the amount of $200.00 per month, to be paid only upon attendance of the monthly regular council meeting." Public input is welcome. All persons having an interest should be at both of these public meetings to voice their interest. Copies of the Resolution are available for review at City Hall during regular business hours, and will be available at all public meetings.

City of Union Point, Georgia By: City Clerk

Filed in the Office of the Secretary of State November 18, 2009.

GEORGIA LAWS 2010 SESSION
CITY OF ATLANTA DELETE OBSOLETE REFERENCES TO GEORGIA MUNICIPAL ELECTION CODE.

4293

CITY COUNCIL ATLANTA, GEORGIA

AN ORDINANCE AND CHARTER AMENDMENT

BY COUNCILMEMBER FELICIA A. MOORE

09-O-1887

AS SUBSTITUTED BY COMMITTEE ON COUNCIL

AN ORDINANCE AND CHARTER AMENDMENT ADOPTED UNDER AND BY VIRTUE OF THE AUTHORITY OF THE MUNICIPAL HOME RULE ACT OF 1965 (GA. LAWS 1965, p. 298, ET SEQ.) AS AMENDED, TO AMEND SECTIONS 5-101 AND 5-106 (PERTAINING TO ELECTIONS) OF THE CHARTER OF THE CITY OF ATLANTA, GEORGIA (GA. LAWS 1996, P. 4469, ET SEQ.) APPROVED APRIL 15, 1996, AS AMENDED, SO AS TO DELETE OBSOLETE REFERENCES TO THE GEORGIA MUNICIPAL ELECTION CODE AND TO UPDATE AND REPLACE SAID REFERENCES TO THE GEORGIA ELECTION CODE; TO REPEAL CONFLICTING ORDINANCES AND CHARTER AMENDMENTS; AND FOR OTHER PURPOSES.

WHEREAS, the Georgia Municipal Election Code (O.C.G.A. 21-3-1 through 21-3-480) was repealed by Ga. L. 1998, p. 295, 2, effective January 1, 1999; and

WHEREAS, Sections 5-101 and 5-106 of the Charter of the City of Atlanta, were never updated to reflect this change in the state law and still contain references to the Georgia Municipal Election Code;

WHEREAS, said Charter provisions are obsolete and should be updated.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ATLANTA, GEORGIA, as follows:

Section 1: Section 5-101 of the Charter of the City of Atlanta which currently provides as follows:

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MUNICIPAL HOME RULE ORDINANCES

Section 5-101. Applicability of general laws.

Regular and special elections shall be conducted in accordance with provisions of the Chapter 3 of Title 21 of the O.C.G.A., the "Georgia Municipal Election Code," as now or hereafter amended.

Is hereby amended by deleting obsolete references to the Georgia Municipal Election Code and by updating said reference to the Georgia Election Code and to the Chapter and Title references, so that when amended, said Charter section shall provide as follows:

Section 5-101. Applicability of general laws.

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

Section 2: Section 5-106 of the Charter of the City of Atlanta which currently provides as follows:

Section 5-106. Other provisions.

Except as otherwise provided in this Charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under Chapter 3 of Title 21 of the O.C.G.A., the "Georgia Municipal Election Code."

Is hereby amended by deleting obsolete references to the Georgia Municipal Election Code and by updating said reference to the Georgia Election Code and to the Chapter and Title references, so that when amended, said Charter section shall provide as follows:

Section 5-106. Other provisions.

Except as otherwise provided in 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", as now or hereafter amended.

Section 3: A copy of this proposed amendment to the Charter of the City of Atlanta, Georgia (Ga. Laws 1996, p.4469, et seq.), approved April 15, 1996, as amended, shall be filed 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 and that a "Notice of Proposed Amendment to the Charter of the City of Atlanta, Georgia", attached hereto as Exhibit "A" and by

GEORGIA LAWS 2010 SESSION

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reference, made a part hereof, 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.

Section 4: All ordinances and charter amendments and parts of ordinances and charter amendments in conflict herewith are hereby repealed.

ADOPTED by the Atlanta City Council RETURNED WITHOUT SIGNATURE BY MAYOR APPROVED as per City Charter Section 2-403

NOV 16, 2009 NOV 25, 2009

A true copy, s/ FERIS 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 the Charter of the City of Atlanta, Georgia captioned as follows:

AN ORDINANCE AND CHARTER AMENDMENT ADOPTED UNDER AND BY VIRTUE OF THE AUTHORITY OF THE MUNICIPAL HOME RULE ACT OF 1965 (GA. LAWS 1965, p. 298, ET SEQ.) AS AMENDED, TO AMEND SECTIONS 5-101 AND 5-106 (PERTAINING TO ELECTIONS) OF THE CHARTER OF THE CITY OF ATLANTA, GEORGIA (GA. LAWS 1996, P. 4469, ET SEQ.) APPROVED APRIL 15, 1996, AS AMENDED, SO AS TO DELETE OBSOLETE REFERENCES TO THE GEORGIA MUNICIPAL ELECTION CODE AND TO UPDATE AND REPLACE SAID REFERENCES TO THE GEORGIA ELECTION CODE; TO REPEAL CONFLICTING ORDINANCES AND CHARTER AMENDMENTS; 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 _________, 2009.

4296

MUNICIPAL HOME RULE ORDINANCES
Rhonda Dauphin Johnson Municipal Clerk City of Atlanta

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, 09-O-1887 was published in said newspaper on the following date (s): 10/29/09, 11/05/09, 11/12/09

s/ CAROLYN JERNIGAN GLENN CAROLYN J. GLENN, PUBLISHER

Sworn to and subscribed before me this 11/12/09.

s/ JACQUELINE BRYANT Notary Public My commission expires September 22, 2010 [SEAL]

THE OFFICIAL LEGAL ORGAN OF DEKALB COUNTY

PUBLIC NOTICE Notice of Proposed Amendment
to the Charter of the City of Atlanta, Georgia

Notice is hereby given that an Ordinance (09-O-1887) has been introduced to amend the Charter of the City of Atlanta, Georgia captioned as follows.

An Ordinance and Charter Amendment adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 (Ga. Laws 1965, P. 298, et. seq.) as amended, to amend sections 5-101 and 5-106 (pertaining to elections) of the Charter of the City of Atlanta, Georgia (Ga. Laws 1996, P. 4469, et. seq.) approved April 15, 1996, as amended, so as to

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delete obsolete references to the Georgia Municipal Election Code and to update and replace said references to the Georgia Election Code; to repeal conflicting ordinances and charter amendments; 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 22nd Day of October, 2009.

Rhonda Dauphin Johnson Municipal Clerk

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF FULTON Re: 1333574

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 of the Incisive Media, 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:

10/29/2009, 11/05/2009, 11/12/2009

s/ MONIQUE BUSSEY Monique Bussey (Agent)

s/ K. MOSLEY Kaweemah Mosley (Notary Public) Subscribed and sworn to before me this 12th of November, 2009.

[SEAL]

PUBLIC NOTICE

NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA, GEORGIA

Notice is hereby given that an Ordinance (09-O-1887) has been introduced to amend the Charter of the City of Atlanta, Georgia captioned as follows.

4298

MUNICIPAL HOME RULE ORDINANCES

An Ordinance and Charter Amendment adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 (Ga. Laws 1965, P. 298, et. seq.) as amended, to amend sections 5-101 and 5-106 (pertaining to elections) of the Charter of the City of Atlanta, Georgia (Ga. Laws 1996, P. 4469, et. seq.) approved April 15, 1996, as amended, so as to delete obsolete references to the Georgia Municipal Election Code and to update and replace said references to the Georgia Election Code; to repeal conflicting ordinances and charter amendments; 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 22nd day of October, 2009.

Rhonda Dauphin Johnson MUNICIPAL CLERK

PUBLISHER'S AFFIDAVIT

DONNA McDUFFIE, personally appeared before me, the undersigned Notary Public, who states she is an ACCOUNT EXECUTIVE 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): OCTOBER 29, NOVEMBER 05, 12, 2009.

SWORN TO AND SUBSCRIBED BEFORE ME, THIS 16TH DAY OF NOVEMBER 2009 s/ SHERRY W. SULLIVAN (NOTARY SIGNATURE) Commission Expires January 24, 2011

PUBLIC NOTICE

NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA, GEORGIA

Notice is hereby given that an Ordinance (09-O-1887) has been introduced to amend the Charter of the City of Atlanta, Georgia captioned as follows:

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An Ordinance and Charter Amendment adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 (Ga. Laws 1965, P. 298, et. seq.) as amended, to amend sections 5-101 and 5-106 (pertaining to elections) of the Charter of the City of Atlanta, Georgia (Ga. Laws 1996, P. 4469, et. seq.) approved April 15, 1996, as amended, so as to delete obsolete references to the Georgia Municipal Election Code and to update and replace said references to the Georgia Election Code; to repeal conflicting ordinances and charter amendments; 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 22nd day of October, 2009.

Rhonda Dauphin Johnson MUNICIPAL CLERK

Filed in the Office of the Secretary of State December 11, 2009. __________

CITY OF EAST POINT BOARDS, COMMISSIONS, AND AUTHORITIES; INELIGIBILITY OF CERTAIN PERSONS TO SERVE.

STATE OF GEORGIA COUNTY OF FULTON

ORDINANCE NO. 019-09

AN ORDINANCE

AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF EAST POINT, GEORGIA, ADOPTED UNDER THE AUTHORITY OF THE MUNICIPAL HOME RULE ACT OF 1965, O.C.G.A. 36-35-1, ET SEQ., AS AMENDED, SO AS TO AMEND THE CHARTER OF THE CITY OF EAST POINT, GEORGIA 2007 GA LAWS P. 3878, ET SEQ., BY AMENDING ARTICLE IV, SECTION 4-107 - BOARDS, COMMISSIONS AND AUTHORITIES; TO REPEAL CONFLICTING LAWS; AND FOR OTHER PURPOSES.

WHEREAS, House Bill 75, now codified as 2007 GA LAWS, P. 3878, et seq., instituted the new Charter for the City of East Point which became effective on July 1, 2007; and

4300

MUNICIPAL HOME RULE ORDINANCES

WHEREAS, the 2007 Charter provides for certain parameters regarding boards, commissions and authorities created by the City to fulfill any investigative, quasi-judicial, or quasi-legislative function the City Council deems necessary; and

WHEREAS, the City Council now wishes to amend the Charter to clearly provide that spouses and relatives of elected officials are ineligible to serve on boards, commissions, authorities, or other similar body.

BE IT ORDAINED BY THE CITY COUNCIL OF EAST POINT as follows:

Section One: That Article IV, Section 4-107 of the Charter of the City of East Point, Georgia, 2007 GA LAWS, P. 3878, et seq., as amended, to reads as follows:

Sec. 4-107. Boards, commissions, and authorities. (a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, authorities, or other similar body_of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by state law. (c) The city council may provide by ordinance for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by charter or by state law, no member of any board, commission, authority or other similar body shall hold any elected office in the city. (e) Any vacancy on a board, commission, authority or other similar body of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or by state law. (f) No member of a board, commission, authority shall assume office until that person has executed and filed with the city clerk the oath of office required pursuant to section 7-102 of this charter. (g) No member of a board, commission, authority or other similar body created by the city shall serve on another board, commission, or authority of the city, unless one of the boards, commissions, authorities, or other similar bodies is created to have a period of existence of less than one year. (h) No person who is a relative of the mayor or any councilmember shall be eligible to serve on a board, commission, authority or other similar body of the city. For purposes of this subsection, the term "relative" means a person who is related to the mayor or any councilmember as spouse or domestic partner, or as any of the following, whether by marriage, blood, or adoption: parent, child, brother, sister, aunt, uncle, niece, nephew,

GEORGIA LAWS 2010 SESSION

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grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half-brother, half-sister, brother-in-law, or sister-in-law. A domestic partner is defined to include any two people who are defined as living within the following criteria:
(1) Responsible for each other's welfare; (2) Neither person is in a marriage "expressly recognized" by a legal definition; (3) Neither person is registered in a union or domestic partnership with another party; (4) Not related as defined by the State of Georgia; (5) Share a primary residence; and (6) Have declared their intent for a permanent partnership. (i) Except as otherwise provided by this charter or by law, each board, commission, authority or other similar body 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, authority or other similar body of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city, or state law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Each board, commission, authority or other similar body shall adopt the provisions of Chapter 5 of Article II of this charter as its rules of ethics; provided, however, that each such board, commission, authority or other similar body shall have the power and authority to adopt additional or more stringent ethical requirements. Copies of bylaws, rules, and regulations adopted by boards, commissions, and authorities of the city shall be filed with the city clerk. (j) Any member of a board, commission, council, authority or similar body created by the city may be removed from office for cause by a majority vote of the councilmembers.

Section Two: That a copy of this proposed amendment to the Charter of the City of East Point, 2007 GA LAWS, P. 3878, et seq., shall be filed in the Office of the City Clerk of the City of East Point and in the Office of the Clerk of Superior Court of Fulton County for the purpose of examination and inspection by the public, and that a "Notice of Proposed Amendment to the Charter of the City of East Point, Georgia," attached hereto and marked as 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 East Point, or in a newspaper of general circulation in the City of East Point once a week for three weeks within a period of 60 days immediately preceding this ordinance's 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 East Point.

Section Three: (a) It is hereby declared to be the intention of the Mayor and Council that all sections, paragraphs, sentences, clauses and phrases of this ordinance are or were, upon theft enactment, believed by the Mayor and Council to be fully valid, enforceable and constitutional.

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MUNICIPAL HOME RULE ORDINANCES

(b) It is hereby declared to be the intention of the Mayor and Council that, to the greatest extent allowed by law, each and every section, paragraph, sentence, clause or phrase of this ordinance is severable from every other section, paragraph, sentence, clause or phrase of this ordinance. It is hereby further declared to be the intention of the Mayor and Council that, to the greatest extent allowed by law, no section, paragraph, sentence, clause or phrase of this ordinance is mutually dependent upon any other section, paragraph, sentence, clause or phrase of this ordinance. (c) In the event that any phrase, clause, sentence, paragraph or section of this ordinance shall, for any reason whatsoever, be declared invalid, unconstitutional or otherwise unenforceable by the valid judgment or decree of any court of competent jurisdiction, it is the express intent of the Mayor and Council that such invalidity, unconstitutionally or unenforceability shall, to the greatest extent allowed by law, not render invalid, unconstitutional or otherwise unenforceable any of the remaining phrases, clauses, sentences, paragraphs or sections of the ordinance and that, to the greatest extent allowed by law, all remaining phrases, clauses, sentences, paragraphs and sections of the ordinance shall remain valid, constitutional, enforceable, and of full force and effect.

Section Four: That this ordinance shall become effective immediately upon its adoption.

BE IT ORDAINED by the City Council of East Point, this 16 day of November, 2009.

CITY OF EAST POINT, GEORGIA

s/ JOSEPH L. MACON Mayor
Joseph L. Macon

ATTEST:

s/ BRENDA B. JAMES Brenda B. James, City Clerk

APPROVED AS TO FORM:

s/ NINA R. HICKSON Nina R. Hickson, Esq., City Attorney

GEORGIA LAWS 2010 SESSION To Whom It May Concern:

4303

I, Brenda B. James, City Clerk for the City of East Point, Georgia do hereby certify that I am the keeper of the seal, minutes and records of said city; that the attached is a true, correct copy of the Ordinances in the City Clerk's Office in the City of East Point.

1. Ordinance #19-09 Ordinance to Amend the Charter of the City of East Point, Article IV, Section 4-107

IN WITNESS WHEREOF I have hereunto affixed my official signature and the corporate seal of the City of East Point, GA the 7th day of December 2009. Sincerely,

s/ BRENDA B. JAMES Brenda B. James City Clerk

STATE OF GEORGIA

COUNTY OF FULTON

Personally appeared before the undersigned notary public, Brenda B. James, Clerk of the City of East Point and after being duly sworn deposes and states under oath as follows:

I am the City Clerk of the City of East Point, Georgia, and pursuant to my responsibilities as City Clerk and in compliance with the Municipal Home Rule Act of 1965, hereby certify that with respect to that Municipal Home Rule Ordinance 19-09 adopted November 16, 2009, I have in proper and timely fashion transmitted a copy of the said ordinance and the publication notice for filing with the Clerk of the Superior Court of Fulton County, Georgia, for its inspection by the public, together with maintaining a copy of said ordinance in the office of the Clerk of the City of East Point for inspection by the public, together with providing for publication of the legal notice, a copy of which is attached hereto, and is further evidenced by an affidavit of the publishers.

Furthermore, in execution of this Affidavit, I am transmitting herewith a certified copy of the ordinance as adopted by the Mayor and Council of the City of East Point to the Secretary of State of Georgia for enrollment in Georgia Laws as provided in the Municipal Home Rule Act of 1965 as amended.

This 7th day of December, 2009

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s/ BRENDA B. JAMES Brenda B. James, City Clerk of East Point

Sworn to and subscribed before me this 7th Day of December, 2009

s/ MALCOLM L. MITCHELL Notary Public [SEAL]

AFFIDAVIT OF PUBLICATION

I, Wade W. Stephens do solemnly swear that I am Vice President of the Marietta Daily Journal, Cherokee Tribune, and Neighbor Newspapers, printed and published at Marietta in the State of Georgia and that from my own personal knowledge and reference to the files of said publication, the advertisements for:

"CITY OF EAST POINT, BRENDA B. JAMES CITY CLERK

For the NOTICE OF ORDINANCE TO AMEND SECTION 4-107 OF THE EAST POINT CITY CHARTER"

was published in the: South Fulton Neighbor Newspaper

On October 7th, October 14th, & October 21st, 2009.

s/ WADE W. STEPHENS

Subscribed and sworn to before 3rd day of DECEMBER, 2009.

s/ ALICE DAVIS Notary Public ______________ Expiration Date [SEAL]

NOTICE

Notice is hereby given that an ordinance has been introduced to amend Section 4-107 of the Charter of the City of East Point, Georgia, 2007 GA LAWS, P. 3878, et seq., regarding Boards, Commissions and Authorities of the City of East Point.

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The East Point Mayor and Council will hold the First Reading on November 2, 2009 and Adoption of this Home Rule Ordinance on Monday, November 16, 2009 at their regular Council Meetings. The meetings are held at 6:30p.m. in the Jefferson Station Building, 1526 East Forrest Avenue, 4th Floor, East Point, GA 30344.

A copy of said ordinance is on file in the East Point City Clerk's office, 1526 East Forrest Avenue, East Point, Georgia and in the office of the Clerk of the Superior Court of Fulton County, Fulton County Courthouse, 136 Pryor Street, Atlanta, Georgia for examination and inspection by the public. The City Clerk/or the Clerk of the Superior Court will furnish anyone, upon written request with a copy of the proposed ordinance.

Brenda B. James City Clerk

Filed in the Office of the Secretary of State December 21, 2009. __________

CITY OF ATLANTA CITY COUNCIL; VETO SESSION.

AN ORDINANCE AND CHARTER AMENDMENT BY COUNCILMEMBER FELICIA A. MOORE s/ FELICIA A. MOORE

09-O-1920

AN ORDINANCE AND CHARTER AMENDMENT ADOPTED UNDER AND BY VIRTUE OF THE AUTHORITY OF THE MUNICIPAL HOME RULE ACT OF 1965 (GA. LAWS 1965, p. 298, ET SEQ.) AS AMENDED, TO AMEND SECTION 2-403, ENTITLED "SUBMISSION TO MAYOR; MAYOR'S VETO" OF THE CHARTER OF THE CITY OF ATLANTA, GEORGIA (GA. LAWS 1996, p. 4469, ET SEQ.) APPROVED APRIL 15, 1996, AS AMENDED, SO AS TO PROVIDE THAT IF THE MAYOR VETOES ANY ORDINANCE OR RESOLUTION ADOPTED AT THE LAST COUNCIL MEETING IN DECEMBER OF A GENERAL ELECTION YEAR, THE COUNCIL SHALL CALL A SPECIAL MEETING PRIOR TO DECEMBER 31 OF THAT YEAR, TO CONSIDER ANY SUCH VETOED LEGISLATION; TO REPEAL CONFLICTING ORDINANCES AND CHARTER AMENDMENTS; AND FOR OTHER PURPOSES.

WHEREAS, Section 2-403 of the Charter of the City of Atlanta does not contemplate the situation concerning a sitting council's consideration of vetoed legislation adopted at the last city council meeting of a term and which is vetoed by the mayor; and

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MUNICIPAL HOME RULE ORDINANCES

WHEREAS, that sitting council should have the opportunity to consider any vetoed legislation prior to the end of the term; and

WHEREAS, and exception to Section 2-403 of the Charter should be made for the purpose of addressing such a possibility.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ATLANTA, GEORGIA, as follows:

Section 1: Section 2-403 of the Charter of the City of Atlanta, which currently provides as follows:

Section 2-403. Submission to mayor; mayor's veto.

Every ordinance or resolution adopted by the council shall be signed by the president of the council, certified by the municipal clerk, and presented to the mayor's office within two calendar days following its adoption. The mayor shall approve or veto the ordinance or resolution within eight calendar days after adoption, and no ordinance or resolution shall become effective without the mayor's approval except as herein provided. If the mayor vetoes an ordinance or resolution, he or she shall within two business days of such veto return it to the council via the municipal clerk, accompanied by a written statement of the reasons for the veto. If the council shall pass the ordinance or resolution by a vote of two-thirds of its total membership at the regular meeting next held after the ordinance or resolution has been returned with the mayor's veto, it shall become law without his or her approval. In the event the mayor does not approve or veto the ordinance or resolution within the time required, it shall become law without such approval. The mayor may veto any item or items of any ordinance or resolution making appropriations; the part or parts of any ordinance or resolution making an appropriation which is not vetoed shall become law, and the part or parts vetoed shall not become law unless passed by the council over the mayor's veto as provided herein with respect to the passage of a vetoed ordinance or resolution.

Is hereby amended by adding to the end of the fourth sentence thereof, the following language: "provided however, that if the mayor vetoes any ordinance or resolution adopted at the last council meeting in December of a year in which the City of Atlanta general election is held, the council shall call a special meeting to be held prior to December 31 of that year, to consider any such vetoed legislation." so that when amended, said Charter section shall provide as follows:

GEORGIA LAWS 2010 SESSION Section 2-403. Submission to mayor; mayor's veto.

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Every ordinance or resolution adopted by the council shall be signed by the president of the council, certified by the municipal clerk, and presented to the mayor's office within two calendar days following its adoption. The mayor shall approve or veto the ordinance or resolution within eight calendar days after adoption, and no ordinance or resolution shall become effective without the mayor's approval except as herein provided. If the mayor vetoes an ordinance or resolution, he or she shall within two business days of such veto return it to the council via the municipal clerk, accompanied by a written statement of the reasons for the veto. If the council shall pass the ordinance or resolution by a vote of two-thirds of its total membership at the regular meeting next held after the ordinance or resolution has been returned with the mayor's veto, it shall become law without his or her approval; provided however, that if the mayor vetoes any ordinance or resolution adopted at the last council meeting in December of a year in which the City of Atlanta general election is held, the council shall call a special meeting to be held prior to December 31 of that year, to consider any such vetoed legislation. In the event the mayor does not approve or veto the ordinance or resolution within the time required, it shall become law without such approval. The mayor may veto any item or items of any ordinance or resolution making appropriations; the part or parts of any ordinance or resolution making an appropriation which is not vetoed shall become law, and the part or parts vetoed shall not become law unless passed by the council over the mayor's veto as provided herein with respect to the passage of a vetoed ordinance or resolution.

Section 2: A copy of this proposed amendment to the Charter of the City of Atlanta, Georgia (Ga. Laws 1996, p.4469, et seq.), approved April 15, 1996, as amended, shall be filed 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 and that a "Notice of Proposed Amendment to the Charter of the City of Atlanta, Georgia", attached hereto as Exhibit "A" and by reference, made a part hereof, 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.

Section 3: All ordinances and charter amendments and parts of ordinances and charter amendments in conflict herewith are hereby repealed.

ADOPTED by the Atlanta City Council DEC 07, 2009 APPROVED by Mayor Shirley Franklin DEC 15, 2009

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A true copy s/ RHONDA DAUPHIN JOHNSON Municipal 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 the Charter of the City of Atlanta, Georgia captioned as follows:

AN ORDINANCE AND CHARTER AMENDMENT ADOPTED UNDER AND BY VIRTUE OF THE AUTHORITY OF TUE MUNICIPAL HOME RULE ACT OF 1965 (GA. LAWS 1965, p. 298, ET SEQ.) AS AMENDED, TO AMEND SECTION 2-403, ENTITLED "SUBMISSION TO MAYOR; MAYOR'S VETO" OF THE CHARTER OF THE CITY OF ATLANTA, GEORGIA (GA. LAWS 1996, P. 4469, ET SEQ.) APPROVED APRIL 15, 1996, AS AMENDED, SO AS TO PROVIDE THAT IF THE MAYOR VETOES ANY ORDINANCE OR RESOLUTION ADOPTED AT THE LAST COUNCIL MEETING IN DECEMBER OF A GENERAL ELECTION YEAR, THE COUNCIL SHALL CALL A SPECIAL MEETING PRIOR TO DECEMBER 31 OF THAT YEAR, TO CONSIDER ANY SUCH VETOED LEGISLATION; TO REPEAL CONFLICTING ORDINANCES AND CHARTER AMENDMENTS; 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 _______, 2009.

Rhonda Dauphin Johnson Municipal Clerk City of Atlanta

GEORGIA LAWS 2010 SESSION PUBLISHER'S AFFIDAVIT

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STATE OF GEORGIA CITY 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, 09-O-1920 was published in said newspaper on the following date(s): 11/19/09, 11/26/09, 12/03/09

s/ CAROLYN J. GLENN CAROLYN J. GLENN, PUBLISHER

Sworn to and subscribed before me this 12/03/09.

s/ JACQUELINE BRYANT Notary Public My commission expires September 22, 2010

THE OFFICIAL LEGAL ORGAN OF DEKALB COUNTY [SEAL]

PUBLIC NOTICE NOTICE OF PROPOSED AMENDMENT To the Charter of the City of Atlanta, Georgia Notice is hereby given that an Ordinance (09-O-1920) has been introduced to amend the Charter of the City of Atlanta, Georgia captioned as follows: An Ordinance and Charter Amendment adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 (Ga. Laws 1965, P. 298, Et. Seq.) as amended, to amend Section 2-403, Entitled "Submission to Mayor; Mayor's Veto" of the Charter of the City of Atlanta, Georgia (Ga. Laws 1996, P. 4469, Et. Seq.) approved April 15, 1996, as amended, so as to provide that if the Mayor Vetoes any ordinance or resolution adopted at the last Council Meeting in December of a General Election Year, the Council shall call a Special Meeting prior to December 31 of that year, to consider any such vetoed legislation; to repeal conflicting ordinances and charter amendments; 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.

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Given Under My Hand and Seal of this Office on this 9th day of November, 2009.

Rhonda Dauphin Johnson Municipal Clerk

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF FULTON Re: 1346209

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 of the Incisive Media, publishers of the Daily Report, the official newspaper published in Atlanta, Ga, in said county and state, and that the publication, of which the annexed is a true copy, was published in said newspaper as provided by law on the following dates:

11/19/2009, 11/25/2009, 12/03/2009

s/ MONIQUE BUSSEY Monique Bussey (Agent)

s/ K. MOSLEY

[SEAL]

Kaweema Mosley (Notary Public)

Subscribed and sworn to before me this 3rd of December, 2009.

NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA, GEORGIA

Notice is hereby given that an Ordinance (09-O-1920) has been introduced to amend the Charter of the City of Atlanta, Georgia captioned as follows:

An Ordinance and Charter Amendment adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 (Ga. Laws 1965, P. 298, Et. Seq.) as amended, to amend Section 2-403, Entitled "Submission to Mayor; Mayor's Veto" of the Charter of the City of Atlanta, Georgia (Ga. Laws 1996, P. 4469, Et. Seq.) approved April 15, 1996, as amended, so as to provide that if the Mayor Vetoes any ordinance or resolution adopted at the last Council Meeting in December of a General Election Year, the Council shall call a Special Meeting prior to December 31 of that year, to consider any such vetoed legislation; to repeal conflicting ordinances and charter amendments; and for other purposes.

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A copy of the proposed amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for purposes of examination and inspection by the public.

GIVEN UNDER MY HAND AND SEAL OF THIS OFFICE ON THIS 9th day of November, 2009.

Rhonda Dauphin Johnson MUNICIPAL CLERK

PUBLISHER'S AFFIDAVIT

DONNA MCDUFFIE, personally appeared before me, the undersigned Notary Public, who states she is an ACCOUNT EXECUTIVE 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): NOVEMBER 19, 26, DECEMBER 03, 2009.

SWORN TO AND SUBSCRIBED BEFORE ME, THIS 22ND DAY OF DECEMBER 2009

s/ SHERRY W. SULLIVAN (NOTARY SIGNATURE) Commission Expires January 24, 2011

PUBLIC NOTICE

NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA,
GEORGIA

Notice is hereby given that an Ordinance (09-O-1920) has been introduced to amend the Charter of the City of Atlanta, Georgia captioned as follows:

An Ordinance and Charter Amendment adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 (Ga. Laws 1965, P. 298, Et. Seq.) as amended, to amend Section 2-403, Entitled "Submission to Mayor; Mayor's Veto" of the Charter of the City of Atlanta, Georgia (Ga. Laws 1996, P. 4469, Et. Seq.) approved April 15, 1996, as amended, so as to provide that if the Mayor Vetoes any ordinance or resolution adopted at the last Council Meeting in December of a General Election Year, the Council shall call a Special

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Meeting prior to December 31 of that year, to consider any such vetoed legislation; to repeal conflicting ordinances and charter amendments; and for other purposes.

A copy of the proposed amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for purposes of examination and inspection by the public.

GIVEN UNDER MY HAND AND SEAL OF THIS OFFICE ON THIS 9th day of November, 2009.

Rhonda Dauphin Johnson MUNICIPAL CLERK

Filed in the Office of the Secretary of State December 31, 2009. __________

CITY OF ATLANTA NON-BUDGETED PROGRAMS AND EXPENDITURES.

CITY COUNCIL ATLANTA, GEORGIA

A CHARTER AMENDING ORDINANCE BY: COUNCILMEMBERS FELICIA A. MOORE

09-O-1922

AS AMENDED BY: FINANCE/EXECUTIVE COMMITTEE

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 AMENDED, BY AMENDING ARTICLE VI, CHAPTER 3, SECTION 6-304 SO AS TO ADD A SUBSECTION D REGARDING NON BUDGETED PROGRAMS AND EXPENDITURES; AND FOR OTHER PURPOSES.

WHEREAS, In response to and as a consequence of the City's unprecedented short and long term budget challenges, the Atlanta City Council adopted Ordinance 09-O-1406 to amend the City Charter, establishing a Financial Stabilization Plan; and

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WHEREAS, in conjunction with recognizing the need for a Financial Stabilization Plan, the City Council recognizes that it is imperative that non-budget reoccurring and one-time program and/or expenditure items be considered only after corresponding new reoccurring or one-time revenue sources are identified; and

WHEREAS, the City Council desires to ensure that such non-budget reoccurring and one-time program and/or expenditure items be considered only after corresponding new reoccurring or one-time revenue sources are identified; and

WHEREAS, in this instance, stipulation of the City Council desires should be included as part of the City Charter to ensure that the tenants of the City Council intentions are met.

NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ATLANTA, GEORGIA AS FOLLOWS:

SECTION 1: That Article 6, Chapter 3, Section 6-304 be amended by adding a new subsection (d) to read as follows:

Section 6-304. Budget amendments.

(a) With the exception of budgeted 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)(1) 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. (b)(2) Notwithstanding anything to the contrary contained in this Charter, upon consideration by the finance committee or equivalent committee, the governing body may approve or disapprove any request to make a transfer of funds from the general fund restricted reserve to a general fund unrestricted reserve or a line item account in the operating funds of the city by the majority vote of the council members then constituting the membership of the Atlanta City Council. (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

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may be made upon unanimous approval of the chairperson of the finance committee or equivalent committee of the 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 chief financial 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 filed 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 of the 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)(1) The finance committee or equivalent committee of the governing body shall approve or disapprove any additional one-time and/or recurring expenses, programs or expenditures proposed after the adoption of the annual budget and not funded during adoption of the annual budget if accompanied by the identification of corresponding new revenue source(s) or expenditure reduction(s) and as necessary, program/expenditure reductions. (d)(2) The finance committee or equivalent committee of the governing body shall approve or disapprove any additional one-time and/or recurring expenses, programs or expenditures approved after the adoption of the annual budget and not funded during adoption of the annual budget if accompanied by the identification and concomitant approval of corresponding new revenue source(s) or expenditure reduction(s) and as necessary, program/expenditure reductions. (d)(3) All reductions or proposals for reductions in one-time or recurring revenue must be accomplished in conjunction with the identification of new alternative one-time or recurring revenue source(s) or expenditure reductions.

SECTION 2: That a copy of this proposed amendment to the Charter of the City of Atlanta, Georgia 1996 Ga. L. (Act No. 1019, p. 4469), et- seq. as amended, shall be filed in the Office of the Municipal Clerk of the City of Atlanta and in Offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties and that a "Notice of Proposed Amendment to the Charter of the City of Atlanta, Georgia," attached hereto and marked Exhibit "A" and made a part of this ordinance, be published in the official organ of the county of the legal situs of the City of Atlanta or in a newspaper of general circulation in the City of Atlanta once a week for three weeks within a period of 60 days immediately preceding its final adoption, and that a copy of said advertisement be attached to this ordinance prior to its final adoption by the Council of the City of Atlanta

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SECTION 3: That all ordinances and parts of ordinances in conflict herewith are hereby repealed.

ADOPTED as amended by the Atlanta City Council DEC 07, 2009

APPROVED by Mayor Shirley Franklin

DEC 15, 2009

A true copy s/ RHONDA DAUPHIN JOHNSON Municipal 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 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 amended, by amending Article VI, Chapter 3, Section 6-304 so as to add a Subsection D regarding Non Budgeted Programs and Expenditures.

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 ________, 2009

Rhonda Dauphin Johnson Municipal Clerk City of Atlanta

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, 09-O-1922 was published in said newspaper on the following date(s):

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11/19/09, 11/26/09, 12/03/09

s/ CAROLYN J. GLENN CAROLYN J. GLENN, PUBLISHER

Sworn to and subscribed before me this 12/03/09.

s/ JACQUELINE BRYANT Notary Public My commission expires September 22, 2010

THE OFFICIAL LEGAL ORGAN OF DEKALB COUNTY [SEAL]

PUBLIC NOTICE NOTICE OF PROPOSED
AMENDMENT To The Charter of the City of
Atlanta, Georgia

Notice is hereby given that an Ordinance (09-O-1922) has been introduced 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 amended, by amending Article VI, Chapter 3, Section 6-304 so as to add a Subsection D regarding Non Budgeted Programs and Expenditures.
A copy of the proposed amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for purposes of examination and inspection by the public.
Given Under My Hand and Seal of this Office on this 9th day of November, 2009.

Rhonda Dauphin Johnson Municipal Clerk

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF FULTON Re: 1346204

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 of the Incisive Media, publishers of

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the Daily Report, the official newspaper published in Atlanta, Ga, in said county and state, and that the publication, of which the annexed is a true copy, was published in said newspaper as provided by law on the following dates:

11/19/2009, 11/25/2009, 12/03/2009

s/ MONIQUE BUSSEY Monique Bussey (Agent)

s/ K. MOSLEY

Kaweemah Mosley (Notary Public)

[SEAL]

Subscribed and sworn to before me this 3rd day of December, 2009.

PUBLIC NOTICE NOTICE OF PROPOSED AMENDMENT TO THE CHARTER
OF THE CITY OF ATLANTA, GEORGIA

Notice is hereby given that an Ordinance (09-O-1922) has been introduced 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 amended, by amending Article VI, Chapter 3, Section 6-304 so as to add a Subsection D regarding Non Budgeted Programs and Expenditures.

A copy of the proposed amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for purposes of examination and inspection by the public.

GIVEN UNDER MY HAND AND SEAL OF THIS OFFICE ON THIS 9th day of November, 2009.

Rhonda Dauphin Johnson MUNICIPAL CLERK

PUBLISHER'S AFFIDAVIT

DONNA McDUFFIE, personally appeared before me, the undersigned Notary Public, who states she is an ACCOUNT EXECUTIVE 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): NOVEMBER 19, 26, DECEMBER 03, 2009.

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SWORN TO AND SUBSCRIBED BEFORE ME, THIS 22ND DAY OF DECEMBER 2009

s/ SHERRY W. SULLIVAN (NOTARY SIGNATURE) Commission Expires January 24, 2011

PUBLIC NOTICE

NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA, GEORGIA

Notice is hereby given that an Ordinance (09-O-1922) has been introduced 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 amended, by amending Article VI, Chapter 3, Section 6-304 so as to add a Subsection D regarding Non Budgeted Programs and Expenditures.

A copy of the proposed amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for purposes of examination and inspection by the public.

GIVEN UNDER MY HAND AND SEAL OF THIS OFFICE ON THIS 9th day of November, 2009.

Rhonda Dauphin Johnson MUNICIPAL CLERK

Filed in the office of the Secretary of State December 31, 2009. _________

CITY OF GRANTVILLE MUNICIPAL COURT.

09-2009

ORDINANCE TO AMEND SECTION 3.06 OF THE CHARTER OF THE CITY OF GRANTVILLE, GEORGIA

WHEREAS, in accordance with the home rule power of O.C.G.A. 36-35-3, the Mayor and the City Council of the City of Grantville, Georgia, finds that it is in the best interest of

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the public health, safety and welfare to amend the Charter of the City of Grantville by amending Section 3.06;

NOW, THEREFORE, be it ordained that Section 3.06 of the Charter of the City of Grantville, Georgia is hereby amended as follows:

Section 3.06 Municipal Court

a) Generally.

There shall be a court to be known as the "Municipal Court of the City of Grantville, Georgia."

b) Chief judge, associate judge.

(1) The municipal court shall be presided over by a chief judge appointed by the Mayor and Council and such part-time, full-time or stand-by associate judges as may be appointed by the Mayor and Council. (2) No person shall be qualified or eligible to serve as a judge of the municipal court unless that person is twenty-one (21) years old and licensed to practice law in the State of Georgia. (3) Compensation for judges shall be fixed by the Mayor and Council. (4) Judges may be removed by the Mayor and Council.

c) Convening.

The municipal court shall convene no less than once a month at a time and in a place designated by the Mayor and Council.

d) Jurisdiction; powers.

(1) The municipal court shall try and punish all violations of city ordinances or laws. (2) The municipal court shall have authority to punish for contempt in accordance with general state law. (3) The judge of the municipal court shall have the power and authority to impose upon the violator of any law or ordinance, for each violation thereof, the following punishments:
(i) A fine not to exceed one thousand dollars ($1,000.00); (ii) Imprisonment for a period of not more than twelve (12) months; (iii) Community service work; or (iv) Any one or all of these punishments when the facts of the case justify such punishments.

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MUNICIPAL HOME RULE ORDINANCES

Provided, however, that each contempt of municipal court shall be punishable either by imposition of a fine not exceeding five hundred dollars ($500.00) or by imprisonment for a period of time not exceeding thirty (30) days or both. (4) 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. (5) 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 security for the appearance of persons charged with violations. Whenever any person shall give bail to assure appearance and fails to appear at the time fixed for trial, that person's bond shall be forfeited by the judge, and an execution shall be 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. If property or cash is accepted in lieu of bond for security for the appearance of a defendant at trial and if said defendant fails to appear at the time and the place fixed for the trial, the cash so deposited shall be on order of the judge declared to be 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. (6) 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. (7) The municipal court may compel the presence of all persons necessary to dispose properly 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 general state law. (8) The municipal court is specifically vested with all the jurisdiction and powers throughout the entire area of this city granted by general state laws to municipal courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations.

e) Appeals.

Parties dissatisfied with the decision of the municipal court may petition for a writ of certiorari to the superior court as provided by law.

f) 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. Such rules or regulations shall be with the city clerk and made available for public inspection.

g) Court Clerk.

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The Mayor and Council shall appoint a Clerk of Municipal Court, along with any such Deputy Clerks, as they may deem appropriate.

h) Prosecutor.

The Mayor and Council may appoint a Prosecutor in the Municipal Court, along with any such Deputy Prosecutors, as they may deem appropriate.

SO ENACTED, this 14th day of December, 2009.

s/ CASEY HOUSTON Mayor

s/ BARHAM G. LUNDY Councilmember

s/ DEBORAH ROGERS Councilmember

s/ NICHOLAS J. SASSO Councilmember

s/ ROCHELLE JABAREY Councilmember

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: November 26 & December 3, 10

Sworn before me on this 10th day of December 2009.

Notary Public: s/ STACIE LEA KITTLE Stacie Lea Kittle
My commission expires Dec 6, 2013

Publisher: s/ SAM JONES Sam Jones

4322

MUNICIPAL HOME RULE ORDINANCES PUBLIC NOTICE

The Mayor and Council of the City of Grantville are considering a proposed amendment to Section 3.06 of the Charter of the City of Grantville. The purpose of the proposed amendment is to establish qualifications for the municipal court judge, establish the jurisdiction and powers of the municipal court, establish a procedure of appeals, provide for the adoption of rules for the court and to provide for the appointment of a court clerk and prosecutor for the municipal court. A copy of the proposed amendment is on file and available for examination and inspection in the office of the Grantville City Clerk at City Hall and in the office of the Clerk of Superior Court of Coweta County during normal business hours.

Filed in the office of the Secretary of State January 20, 2010. _________

CITY OF POULAN ORDINANCES; PROCEDURE FOR ADOPTION.

ORDINANCE NO. 10-05

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 POULAN TO PROVIDE FOR 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 Poulan did adopt by ordinance the current Charter of the City of Poulan having an effective date of April 10, 1998; and

WHEREAS, included in said Charter are specific provisions regarding 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 Poulan has determined it in the best interest of the City and its citizens to amend the Charter as relates to the matters of the form and procedures for adopting ordinances; 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, as follows:

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Section 1. Article II, Section 2.22, of the City Charter is amended by deleting said section in its entirety and by adopting and inserting in place thereof a new Section 2.22 to read as follows:

"SECTION 2.22 ORDNANCE 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 Poulan," 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 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 2.24, 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 2. All Charter provisions, and all ordinances or parts of ordinances in conflict herewith are repealed.

SO ORDAINED, this 26th day of January, 2010.

CITY OF POULAN

(SEAL)
1st reading: January 12, 2010 2nd reading: January 26, 2010

By: s/ DUSTIN GRUBBS Mayor, Dustin Grubbs
Attest: s/ JESSICA JONES Clerk, Jessica Jones

4324

MUNICIPAL HOME RULE ORDINANCES PUBLIC NOTICE

The City of Poulan is amending the City Charter to provide that the second reading of an ordinance prior to its adoption may be dispensed with. A copy of the proposed amendment is on file in the office of the City Clerk at Poulan City Hall and in the office of the Clerk of the Superior Court of Worth County for the purpose of examination and inspection by the public.

AFFIDAVIT REGARDING SERVICE BY PUBLICATION GEORGIA, WORTH COUNTY

The undersigned, after being sworn, states and deposes under oath as follows:

1. That affiant is the Editor/Authorized Representative 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 CITY OF POULAN AMENDMENT TO THE CITY CHARTER which was published in The Sylvester Local News in the legal notices section thereof on JANUARY 6th, 13th, and 20th, 2010

This 8th day of February, 2010

s/ CALE COLBY EDITOR, THE SYLVESTER LOCAL NEWS

Sworn to and subscribed before me This 8th day of February, 2010

s/ P. DIAMOND

Notary Public

[SEAL]

My commission expires: March 2, 2013

PUBLIC NOTICE The City of Poulan is amending the City Charter to provide that the second reading of an ordinance prior to its adoption may be dispensed with. A copy of the proposed amendment is on file in the office of the City Clerk at Poulan City Hall and in the office of the Clerk of the Superior Court of Worth County for the purpose of examination and inspection by the public.

Filed in the office of the Secretary of State February 19, 2010.

GEORGIA LAWS 2010 SESSION CITY OF ATLANTA OATH OF OFFICE.

4325

CITY COUNCIL ATLANTA, GEORGIA

10-O-0313

AN ORDINANCE AND CHARTER AMENDMENT BY COUNCILMEMBER HOWARD SHOOK

AN ORDINANCE AMENDING THE CHARTER OF THE CITY OF ATLANTA ADOPTED UNDER AND BY VIRTUE OF THE AUTHORITY OF THE MUNICIPAL HOME RULE ACT OF 1965 (GA. LAWS 1965, p. 298, ET SEQ.) AS AMENDED, TO AMEND SECTION 2-301, CHAPTER 3, ARTICLE 2, ENTITLED "ORGANIZATIONAL MEETING; OATH OF OFFICE; MANDATORY TRAINING" OF THE CHARTER OF THE CITY OF ATLANTA, GEORGIA (GA. LAWS 1996, P. 4469, ET SEQ.) SO AS TO PROVIDE THAT THE OATH OF OFFICE FOR CITY OF ATLANTA ELECTED OFFICIALS SET OUT AT CHARTER SECTION 2-301(b) SHALL BE REVISED; TO REPEAL CONFLICTING ORDINANCES AND CHARTER AMENDMENTS; AND FOR OTHER PURPOSES.

WHEREAS, Section 2-301(b) of the Charter of the City of Atlanta presently provides for an oath of office to be taken by all City of Atlanta elected officials at the first organizational meeting of the Atlanta city council on the first Monday in January following each regular election; and

WHEREAS, the oath of office has been amended and lengthened from time to time and now contains two hundred and eighty seven words; and

WHEREAS, the oath of office now contains much unnecessary and superfluous language and can and should be shortened to a more reasonable length and still include all necessary language as mandated by Section 45-3-1 of the Georgia State Code.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ATLANTA, GEORGIA, as follows:

Section 1: That section 2-301(b) of the Charter of the City of Atlanta currently provides as follows:

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MUNICIPAL HOME RULE ORDINANCES

Sec. 2-301. Organizational meeting; oath of office; mandatory training.

(b) Oath of office. At such organizational meeting, the mayor, president of the council, and councilmembers shall take and subscribe before a judge of the superior court, or any official authorized to administer oaths, the following oath of office: "I do solemnly swear (or affirm) that I will faithfully and impartially discharge the duties of the mayor, the president of the council or councilmember of the City of Atlanta, Georgia, during my term in office. I will not knowingly permit my vote in the election or appointment of any person to a position in the city government to be influenced by fear, favor, or affection, reward or expectation thereof. In all things pertaining to my said office, I will be governed by the public good and interests of the city. I will observe the provisions of the Charter, ordinances, and regulations of the City of Atlanta. I further swear that I will support and defend the Constitutions and laws of the State of Georgia and of the United States of America. I further swear that I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I am prohibited from holding by the laws of the State of Georgia, and that I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof. I further swear that I will uphold and support the Ethics Code of the City of Atlanta. I further swear that I have been a resident of the City of Atlanta and of the required council district for the time required by the Constitution and laws of this state and the Charter and ordinances of the City of Atlanta. I further swear that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia and ordinances of the City of Atlanta. So help me God".

Section 2: That section 2-301(b) of the Charter of the City of Atlanta is hereby amended to provide as follows:

Sec. 2-301. Organizational meeting; oath of office; mandatory training.

(b) Oath of office. At such organizational meeting, the mayor, president of the council, and councilmembers shall take and subscribe before a judge of the superior court, or any official authorized to administer oaths, the following oath of office: "I do solemnly swear (or affirm) that I will faithfully discharge the duties of the [mayor, president of the council, councilmember] City Council of the City of Atlanta, Georgia. I will not knowingly permit my vote to be influenced by fear, favor, affection, or reward, and in all things pertaining to my office I will be governed by the public good and the interests of the City. I will observe the provisions of the Charter, ordinances, and regulations of the City of Atlanta, and I will support and defend the Constitutions of the State of Georgia and the United States of America. I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I am prohibited from holding by the laws of the State of Georgia; I am not the holder of any unaccounted-for public money due this state or any political subdivision or authority thereof; I have been a resident of the City of

GEORGIA LAWS 2010 SESSION

4327

Atlanta [and _______ Council District] and am otherwise qualified to hold this office by the Constitution and laws of this State and the Charter and ordinances of the City of Atlanta, so help me God."

Section 3: A copy of this proposed amendment to the Charter of the City of Atlanta, Georgia (Ga. Laws 1996, 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 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 as Exhibit "A" and by reference, made a part hereof, 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.

Section 4: All ordinances and charter amendments and parts of ordinances and charter amendments in conflict herewith are hereby repealed.

ADOPTED by the Atlanta City Council APPROVED by Mayor Kasim Reed

MAR 01, 2010 MAR 09, 2010

A true copy s/ FARIS WEB 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 the Charter of the City of Atlanta, Georgia captioned as follows:

AN ORDINANCE AMENDING THE CHARTER OF THE CITY OF ATLANTA ADOPTED UNDER AND BY VIRTUE OF THE AUTHORITY OF THE MUNICIPAL HOME RULE ACT OF 1965 (GA. LAWS 1965, p. 298, ET SEQ.) AS AMENDED, TO AMEND SECTION 2-301, CHAPTER 3, ARTICLE 2, ENTITLED "ORGANIZATIONAL MEETING; OATH OF OFFICE; MANDATORY TRAINING" OF THE CHARTER OF THE CITY OF ATLANTA, GEORGIA (GA. LAWS 1996, P. 4469, ET SEQ.) SO AS TO PROVIDE THAT THE OATH OF OFFICE FOR CITY OF ATLANTA ELECTED OFFICIALS SET OUT AT CHARTER SECTION 2-301(b)

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MUNICIPAL HOME RULE ORDINANCES

SHALL BE REVISED; TO REPEAL CONFLICTING ORDINANCES AND CHARTER AMENDMENTS; 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 _________,2010.

Rhonda Dauphin Johnson Municipal Clerk City of Atlanta

PUBLISHER'S AFFIDAVIT

DONNA ROYE, personally appeared before me. the undersigned Notary Public, who states he is an ACCOUNT EXECUTIVE 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); FEBRUARY 11, 25, 18, 2010.

SWORN TO AND SUBSCRIBED BEFORE ME, THIS 2ND DAY OF MARCH 2010

s/ SHERRY W. SULLIVAN (NOTARY SIGNATURE)

MY COMMISSION EXPIRES JANUARY 24, 2011

PUBLIC NOTICE

NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA, GEORGIA

Notice is hereby given that an ordinance (10-O-0313) has been introduced to amend the Charter of the City of Atlanta, Georgia captioned as follows:

An Ordinance amending the Charter of the City of Atlanta Adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 (Ga. Laws 1965, p. 298, Et. Seq.) as amended, to amend Section 2-301, Chapter 3, Article 2, Entitled "Organizational Meeting;

GEORGIA LAWS 2010 SESSION

4329

Oath of Office; Mandatory Training" of the Charter of the City of Atlanta, Georgia (Ga. Laws 1996, p. 4469, Et. Seq.) so as to provide that the Oath of Office for City of Atlanta Elected Officials set out at Charter Section 2-301(b) shall be revised; to repeal conflicting ordinances and amendments; 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 4th day of February, 2010.

Rhonda Dauphin Johnson MUNICIPAL CLERK

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF FULTON Re: 1405553

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 of the Incisive Media, 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:

02/11/2010, 02/18/2010, 02/25/2010

s/ MONIQUE BUSSEY Monique Bussey (Agent)

s/ KAWEEMAH MOSLEY [SEAL] Kaweemah Mosley (Notary Public) Subscribed and sworn to before me this 02/11/2010, 02/18/2010, 02/25/2010 of February, 2010.

4330

MUNICIPAL HOME RULE ORDINANCES PUBLIC NOTICE

NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA, GEORGIA

Notice is hereby given that an ordinance (10-O-0313) has been introduced to amend the Charter of the City of Atlanta, Georgia captioned as follows:

An Ordinance amending the Charter of the City of Atlanta Adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 (Ga. Laws 1965, p. 298, Et. Seq.) as amended, to amend Section 2-301, Chapter 3, Article 2, Entitled "Organizational Meeting; Oath of Office; Mandatory Training" of the Charter of the City of Atlanta, Georgia (Ga. Laws 1996, p. 4469, Et. Seq.) so as to provide that the Oath of Office for City of Atlanta Elected Officials set out at Charter Section 2-301(b) shall be revised; to repeal conflicting ordinances and amendments; 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 4th day of February 2010.

Rhonda Dauphin Johnson MUNICIPAL CLERK

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, 10-O-0313 was published in said newspaper on the following date(s):

02/11/10, 02/18/10, 02/25/10

GEORGIA LAWS 2010 SESSION
s/ CAROLYN J. GLENN CAROLYN J. GLENN, PUBLISHER

4331

Sworn to and subscribed before me this 02/25/10.

s/ JACQUELINE BRYANT Notary Public My commission expires September 22, 2010

THE OFFICIAL LEGAL ORGAN OF DEKALB COUNTY

[SEAL]

PUBLIC NOTICE

Notice Of Proposed Amendment To The Charter Of The City Of Atlanta, Georgia Notice is hereby given that an ordinance (10-O-0313) has been introduced to amend the Charter of the City of Atlanta, Georgia captioned as follows: An Ordinance amending the Charter of the City of Atlanta Adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 (Ga. Laws 1965, p. 298, Et. Seq.) as amended, to amend Section 2-301, Chapter 3, Article 2, Entitled "Organizational Meeting; Oath of Office; Mandatory Training" of the Charter of the City of Atlanta, Georgia (Ga. Laws 1996, p. 4469, Et. Seq.) so as to provide that the Oath of Office for City of Atlanta Elected Officials set out at Charter Section 2-301(b) shall be revised; to repeal conflicting ordinances and amendments; 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 3rd day of February, 2010.

Rhonda Dauphin Johnson Municipal Clerk

Filed in the office of the Secretary of State March 18, 2010. _________

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MUNICIPAL HOME RULE ORDINANCES

CITY OF TIFTON LIMITATIONS ON EMPLOYEES AND APPOINTEES OF THE CITY HOLDING ELECTIVE OFFICE; REPEAL.

CITY OF TIFTON

ORDINANCE NO. 2010- 04

[ORDINANCE TO AMEND CHARTER BY HOME RULE]

AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF TIFTON BY REVOKING SECTIONS PROHIBITING EMPLOYEES AND APPOINTEES OF THE CITY OF TIFTON FROM HOLDING ELECTIVE OFFICE; TO REPEAL ALL OTHER ACTS AND ORDINANCES IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES.

WHEREAS, the City of Tifton, Georgia, a municipal corporation of the State of Georgia (the "City") operates pursuant to the Constitution and laws of the State of Georgia and its Charter, approved April 4, 1997 (Ga. L. 1997, p. 3970), as amended; and

WHEREAS, the City has now determined that it is necessary to make certain amendments to its Charter pursuant to its home rule powers granted pursuant to Article IX, Section II, Paragraph II of the Constitution of the State of Georgia and O.C.G.A. Sections 36-35-1 through 36-35-7.

NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TIFTON, GEORGIA AND IT IS HEREBY ORDAINED, by the authority of the same, as follows:

Section 1. The Charter of the City of Tifton, Georgia, which was established by an Act creating a Charter for the City of Tifton, Georgia, approved on April 4, 1997 (Ga. L. 1997, p. 3970), as amended, is hereby amended by revoking sections 2.14(f) and 3.11(d).

Section 2. All portions of the Charter or amendments thereto or all ordinances in conflict herewith be and same are hereby repealed.

Section 3. If any part of this ordinance shall be declared void, it is the intent and purpose hereof that all other provisions not so declared void shall remain in full force and effect.

Section 4. The Clerk of the City is hereby authorized and directed to cause a notice, a copy of which is attached hereto as Exhibit "A" and hereby incorporated by reference, to be published in The Tifton Gazette, the official newspaper in which Sheriff's advertisements are published in Tift County, in which the City is located, once a week for three weeks within

GEORGIA LAWS 2010 SESSION

4333

a period of sixty days immediately preceding the day of the final adoption of this ordinance. The Clerk of the City is also hereby authorized and directed to cause the publisher of The Tifton Gazette to execute an affidavit of such publication.

This ordinance was introduced and read at a lawful meeting of the Council of the City of Tifton held on March 1, 2010 and read the second time, passed, and adopted in like meeting held on April 5, 2010.

s/ JAMIE CATER J. G. "Jamie" Cater, Jr. Mayor, City of Tifton

APPROVED as to Form:

Attest:

s/ G. C. SOWELL Gregory C. Sowell City Attorney

s/ RONA MARTIN Rona Martin City Clerk

NOTICE OF INTENTION TO AMEND CHARTER OF THE CITY OF TIFTON, GEORGIA BY ORDINANCE PURSUANT TO THE PROVISIONS OF THAT ACT OF THE GENERAL ASSEMBLY KNOWN AS
"THE MUNICIPAL HOME RULE ACT OF 1965"

CITY OF TIFTON COUNTY OF TIFT STATE OF GEORGIA

Notice is hereby given that an ordinance will be introduced on March 1, 2010 and read for final adoption on April 5, 2010 to amend the Charter of the City of Tifton, Georgia, which was created by an Act on April 4, 1997 (Ga. L. 1997, p. 3970), as amended, so as revoke sections prohibiting employees and appointees of the City of Tifton from holding elective office and for other purposes.

A copy of this proposed amendment to the Charter of the City of Tifton, Georgia is on file in the office of the Clerk of the City of Tifton, and is on file in the office of the Clerk of the Superior Court of Tift County, Georgia, for the purpose of examination and inspection by the public, all as required by law. A copy of the ordinance will be filed with the Georgia Secretary of State upon passage.

This 6th day of April, 2010.

4334

MUNICIPAL HOME RULE ORDINANCES
Rona Martin City Clerk City of Tifton, Georgia

Filed in the Office of the Clerk of Tift Superior Court on February 23, 2010.

Print once per week for three weeks.

Exhibit A Ordinance No.20l0- 04

April 28, 2010

CERTIFICATION

I, Rona Martin, do hereby certify that the documents attached hereto are true and correct copies of documents of the City of Tifton, Georgia, as listed below and adopted by the City Council of the City of litton at a meeting held on April 5, 2010.

Ordinance No. 2010-04 -- Ordinance to Amend Charter by Home Rule

I further certify that I am the City Clerk of the City of Tifton and that said documents have been duly entered in the official records of the City of Tifton.

This 28th day of April, 2010.

s/ RONA MARTIN Rona Martin, CMC City Clerk City of Tifton

THE TIFTON GAZETTE

AFFIDAVIT OF PUBLICATION

GEORGIA, TIFT COUNTY

Personally appeared before the undersigned, an officer, authorized to administer oaths, Frank Sayles, Jr., who being sworn, says that he is the Publisher of the Tifton Gazette, a corporation with principal offices at 211 N. Tift Avenue, Tifton-Tift County, Georgia, and having general circulation within the area of Tift County, and that the Advertisement

GEORGIA LAWS 2010 SESSION

4335

Of City of Tifton Charter Amendment A TRUE COPY of which affixed hereto, was published in said The Tifton Gazette, February 27, March 6, 13 For 2010

Sworn to and subscribed before me This 16 day of March 2010 at Tifton, Georgia

s/ FLORENCE RAMLEN Managing Editor

s/ JETTY TANNER NOTARY Jetty Tanner Notary Public, Tift County, Georgia My Commission Expires Feb. 1, 2011

Filed in the Office of the Secretary of State May 17, 2010. __________