ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 2011 COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE Volume Two COMPILER'S NOTE General Acts and Resolutions of the 2011 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 2010- 2011 and the Appropriations Act for FY 2011-2012 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, 2010 and May 30, 2011 are printed in Volume Two beginning at pages 4167 and 4251, respectively. There are no numbered pages between page 944, 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Annotated which they amend and the tabular index contains a list of Code sections which have been amended, enacted, or repealed.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 2011 TABLE OF CONTENTS VOLUME ONE Acts and Resolutions of General Application .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Supplementary Appropriations Act for FY. . . . . . . . . . . . . . . . . . . . . . . . . . . Appendix General Appropriations Act for FY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appendix VOLUME TWO Acts and Resolutions of Local Application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3501 County and Consolidated Government Home Rule Actions. . . . . . . . . . . . . . . . . . 4167 Municipal Home Rule Actions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4251 VOLUME THREE Acts by Numbers-Page References. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1A Bills and Resolutions-Act Number References. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3A Index-Tabular.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6A Index-General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44A Population of Georgia Counties-Alphabetically. . . . . . . . . . . . . . . . . . . . . . . . . . . . 92A Population of Georgia Counties-Numerically. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96A Population of Municipalities-Alphabetically. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101A Population of Municipalities-Numerically.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109A Population of Judicial Circuits.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117A Georgia Senate Districts, Alphabetically by County. . . . . . . . . . . . . . . . . . . . . . . . 122A Georgia Senators, Numerically by District. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124A Georgia House Districts, Alphabetically by County. . . . . . . . . . . . . . . . . . . . . . . . 128A Georgia Representatives, Numerically by District.. . . . . . . . . . . . . . . . . . . . . . . . . 130A Status of Referendum Elections.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140A Vetoes by the Governor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 366A Legislative Services Committee and Staff.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 378A GEORGIA LAWS 2011 SESSION 3501 CARROLL COUNTY DISTRIBUTION OF SALES TAX FOR EDUCATION PURPOSES BETWEEN CARROLL COUNTY SCHOOL DISTRICT AND INDEPENDENT SCHOOL DISTRICTS WHOLLY OR PARTIALLY LOCATED WITHIN CARROLL COUNTY. No. 1 (House Bill No. 104). AN ACT To provide for a method of distribution of the net proceeds of the sales tax for education purposes levied in Carroll County; to provide for the method of distribution of proceeds of such tax between the Carroll County School District and the independent school districts located wholly or partially within Carroll County, including particularly the City of Carrollton School System and the City of Bremen School System; to provide for authority under Article VIII, Section VI, Paragraph IV of the Constitution; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. The net proceeds of the sales tax for educational purposes imposed in Carroll County pursuant to the election to be held on March 15, 2011, under the authority of Article VIII, Section VI, Paragraph IV of the Constitution shall be distributed as provided in this Act between the Carroll County School System and the independent school districts, or portion thereof, located in Carroll County. The Georgia Department of Revenue shall distribute the net proceeds of such tax to such school districts on the following basis: City of Bremen School System, 3.95 percent of the total net proceeds; City of Carrollton School System, 20.75 percent of the total net proceeds; and Carroll County School System, 75.30 percent of the total net proceeds. Each installment of the net proceeds for any period of collection shall be distributed by the Department of Revenue to the three school systems, with each system receiving its pro rata share according to the foregoing formula. SECTION 2. This Act is enacted pursuant to the specific authority provided for in Article VIII, Section VI, Paragraph IV(g) of the Constitution. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. 3502 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2011 session of the General Assembly of Georgia a bill to provide for a method of distribution of the net proceeds of the sales tax for education purposes levied in Carroll County; to provide for the method of distribution of proceeds of such tax between the Carroll County School District and the independent school districts located wholly or partially within Carroll County, including particularly the City of Carrollton School System and the City of Bremen School System: to provide for authority under Article VIII, Section VI, Paragraph IV of the Constitution: to provide for related matters: to repeal conflicting laws; and for other purposes. s/Timothy Bearden Representative Timothy Bearden District 68 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 25, 2011, 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 28th day of January 2011. s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL) Approved February 24, 2011. __________ GEORGIA LAWS 2011 SESSION 3503 CITY OF MAYSVILLE CITY COUNCIL; WARD BOUNDARIES; ELECTIONS. No. 5 (House Bill No. 108). AN ACT To amend an Act providing for a new charter for the City of Maysville, approved June 2, 2010 (Ga. L. 2010, p. 3959), so as to change the provisions regarding election of members of the city council and to establish ward boundaries and provide for election of members from such wards; to provide for related matters; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing for a new charter for the City of Maysville, approved June 2, 2010 (Ga. L. 2010, p. 3959), is amended by revising Section 5.11 to read as follows: "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 and until their successors are duly elected and qualified and taken the oath of office. (c) For the purposes of electing members of the city council, the territory of the City of Maysville is divided into four voting districts or wards, to be designated Ward 1, Ward 2, Ward 3, and Ward 4, which 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: maycc02 Plan Type: Local User: staff Administrator: Maysville. (d) 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 Maysville which is not included in any such district described in that attachment shall be included within that district contiguous to such part 3504 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 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 Maysville 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. (e) No person shall be eligible to serve as a councilmember representing a ward unless that person is a resident of the ward such person seeks to represent at the time of qualifying for the election for councilmember and continues to reside in such district during that person's period of service. Each councilmember shall be elected by a plurality vote of the qualified electors residing within his or her respective ward at the elections of the city. (f) The mayor shall be elected by a plurality vote of the qualified electors of the city at large voting at the elections of the city. (g) The members of the city council shall be elected as provided in this subsection. The mayor and the members from Ward 2 and Ward 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 Ward 2 and Ward 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 Ward 1 and Ward 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 Ward 1 and Ward 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 Ward 1 and Ward 3 shall then be elected for a full four-year term at the municipal general election in November, 2013, held pursuant to subsection (a) of this section. Thereafter 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 2. 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, not later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval. GEORGIA LAWS 2011 SESSION 3505 SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Plan Name: maycc02 Plan Type: Local User: staff Administrator: Maysville Redistricting Plan Components Report District 001 Banks County Tract: 9803 BG: 2 2038 2039 2046 2053 2054 2080 2081 2082 District 002 Banks County Tract: 9803 BG: 2 2055 2056 2059 2073 2075 2076 2077 2078 2079 2083 2084 2085 2086 2087 2088 2089 2090 2091 Jackson County Tract: 102 BG: 1 1014 1015 1016 1017 District 003 Banks County Tract: 9803 BG: 2 2057 2074 Jackson County Tract: 102 BG: 1 1018 District 004 Banks County Tract: 9803 BG: 2 2043 2044 2047 3506 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II Jackson County Tract: 102 BG: 1 1001 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1037 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2011 session of the General Assembly of Georgia a bill to amend an Act entitled "An Act providing for a new charter for the City of Maysville," approved June 2, 2010 (Ga. L. 2010, p 3959), as amended; and for other purposes. This 24th day of January, 2011. Honorable Tommy Benton Representative, District 31 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommy Benton, who on oath deposes and says that he is the Representative from District 31 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Jackson Herald which is the official organ of Jackson County on January 26, 2011, 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 31st day of January 2011. s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL) GEORGIA LAWS 2011 SESSION 3507 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2011 session of the General Assembly of Georgia a bill to amend an Act entitled "An Act providing for a new charter for the City of Maysville," approved June 2, 2010 (Ga. L. 2010, p 3959), as amended; and for other purposes. This 24th day of January, 2011. Honorable Tommy Benton Representative, District 31 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommy Benton, who on oath deposes and says that he is the Representative from District 31 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Banks County News which is the official organ of Banks County on January 26, 2011, 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 31st day of January 2011. s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL) Approved March 15, 2011. __________ 3508 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II LOWNDES COUNTY BOARD OF COMMISSIONERS; POWERS AND COMPENSATION; DISTRICTS, QUALIFICATIONS, TERMS, AND VACANCIES; MEETINGS AND QUORUM; CHAIRPERSON AND VICE CHAIRPERSON; RESPONSIBILITIES; OATHS, BONDS, BUDGETS, AUDITS, COUNTY MANAGER, CLERK, MINUTES, AND COMPENSATION AND EXPENSES OF COMMISSIONERS. No. 6 (Senate Bill No. 16). AN ACT To amend and supersede the laws pertaining to the governing authority of Lowndes County; to provide for a Board of Commissioners of Lowndes County; to provide for the powers and composition of the board of commissioners; to provide for election districts, qualifications, terms of office, and filling of vacancies of commissioners; to provide for meetings and quorum; to provide for the responsibilities of the chairperson; to provide for a vice chairperson and the vice chairperson's responsibilities; to provide for oaths, bonds, budgets, audits, county manager, clerk, minutes, and compensation and expenses of commissioners; to provide for submission pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for severability and effective dates; to provide for the repeal of existing enabling legislation; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. The Board of Commissioners of Lowndes County ('the board') which existed on January 1, 2011, is continued in existence as the governing authority of Lowndes County, but, on and after January 1, 2013, shall be constituted as provided in this Act. SECTION 2. The board 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 the jurisdiction of the board. Such policies, rules, and regulations, when so adopted with proper entry thereof made on the minutes of the board, shall be conclusive and binding. The board 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 and reserved to its exclusive jurisdiction: (1) To levy taxes; (2) To fix fees; GEORGIA LAWS 2011 SESSION 3509 (3) To make appropriations; (4) To fix rates and charges for services provided by the county; (5) To authorize the incurring of indebtedness; (6) To order work done where the cost is to be assessed against benefited property and to fix the basis for such assessment; (7) To authorize and provide for the execution of contracts; (8) To establish, alter, open, close, build, repair, or abolish public roads and bridges, according to law; provided, however, that the chairperson shall have the authority to adopt subdivision plats when the requirement established by the board for subdivisions is met; (9) To accept for the county the provisions of any optional statute where the statute permits its acceptance by the governing authority of the county; (10) To exercise all powers, duties, and authority in respect to zoning and planning; (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 appoint retained legal counsel and an independent county auditor and provide for their compensation; (17) To exercise all of the power and authority which is or may be vested in the board by the Constitution or laws of this state; and (18) To exercise all power and authority formerly vested in the board. SECTION 3. (a) On and after January 1, 2013, the board shall consist of six members, five of whom shall be elected from commissioner districts described in subsection (b) of this section and the sixth of whom shall be the chairperson who is elected at large. (b) For purposes of electing members of the board other than the chairperson, there are hereby created five commissioner districts for Lowndes County. For purposes of creating Commissioner Districts 1, 2, and 3, Lowndes County is divided into three commissioner districts. One member of the board shall be elected from each such district. Commissioner Districts 1, 2, and 3 shall be and correspond to those three numbered districts as they existed on January 1, 2011, and as described in the districting plan attached to and made a part of this Act and further identified as Plan Name: lowndesccwk9r Plan Type: Local User: Blake Administrator: Lowndes. For purposes of creating Commissioner Districts 4 and 5, Lowndes County is divided into two commissioner districts which shall overlay Commissioner Districts 1, 2, and 3. One member of the board shall be elected from each such district. Commissioner Districts 4 and 5 shall be and correspond to those two numbered districts as described in the districting plan attached to and made a part of this Act and further identified as Plan Name: lowndesccsupp3 Plan Type: Local User: reapp Administrator: Lowndes. 3510 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II (c) When used in such attachments, 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 Lowndes County which is not included in Commissioner District 1, 2, or 3 as described in that attachment describing Commissioner Districts 1, 2, and 3 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 Lowndes County which is described in that attachment describing Commissioner Districts 1, 2, and 3 as being in Commissioner District 1, 2, or 3 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 Commissioner District 1, 2, or 3 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 Lowndes County which is not included in Commissioner District 4 or 5 as described in that attachment describing Commissioner Districts 4 and 5 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 Lowndes County which is described in that attachment describing Commissioner Districts 4 and 5 as being in Commissioner District 4 or 5 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 Commissioner District 4 or 5 that is 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 4. (a) No person shall be a member of the board if that person is ineligible for such office pursuant to Code Section 45-2-1 of the O.C.G.A. or any other general law applicable to that office. (b) In order to be elected or appointed as a member of the board from a commissioner district, a person must have that person's legal residence in that district and, if elected, must receive the number of votes cast as required by general law for that office in that district only and not at large. Only electors who are residents of that commissioner district may vote for a member of the board for that district. At the time of qualifying for election as a member of the board from a commissioner district, each candidate for such office shall specify the commissioner district for which that person is a candidate. A person elected or appointed as GEORGIA LAWS 2011 SESSION 3511 a member of the board from a commissioner district must continue to reside in that district during that person's term of office or that office shall become vacant. (c) The member of the board who is chairperson of the board may reside anywhere within Lowndes County and, if elected, must receive the number of votes cast for that office as required by general law in the entire county. The chairperson must continue to reside within the county during that person's term of office or that office shall become vacant. SECTION 5. (a) Those members of the board who were serving as chairperson and district representative for Commissioner District 1 on December 31, 2010, 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, which shall expire on December 31, 2012, and upon the election and qualification of their respective successors. Those members of the board who were elected in the November, 2010, general election and took office as district representatives for Commissioner Districts 2 and 3 on January 1, 2011, 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, which shall expire on December 31, 2014, and upon the election and qualification of their respective successors. (b) The members of the reconstituted board shall be elected as provided in this subsection. The first members of the reconstituted board elected under this Act shall be elected at the November general election on the Tuesday next following the first Monday in November, 2012. The members of the board elected thereto as district representatives from Commissioner Districts 1 and 5 and the chairperson in 2012 shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 2016, and upon the election and qualification of their respective successors. The member of the board elected thereto as district representative from Commissioner District 4 in 2012 shall take office the first day of January immediately following that election and shall serve for an initial term of office which expires December 31, 2014, and upon the election and qualification of his or her respective successor. The members of the board elected thereto as district representatives from Commissioner Districts 2, 3, and 4 elected in 2014 shall take office the first day of January immediately following that election and shall serve for terms of office which expire December 31, 2018, and upon the election and qualification of their respective successors. All future successors to members of the board whose terms of office are to expire shall be elected at the time of the November general election immediately preceding the expiration of such terms, shall take office the first day of January immediately following that election, and shall serve for terms of office of four years each. Members of the board shall serve for the terms of office specified therefor in this subsection and until their respective successors are elected and qualified. (c) 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.' 3512 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II (d) Commissioner Districts 1, 2, and 3, as they existed on January 1, 2011, shall continue to be designated as Commissioner Districts 1, 2, and 3, respectively, but as newly described under this Act, and on and after the date this Act becomes effective such members of the board who are district representatives serving from those former commissioner districts shall continue to serve from and represent their respective districts as newly described under this Act. SECTION 6. When a vacancy occurs on the board under the laws of this state and the unexpired term of office exceeds six months in duration, it shall be the duty of the election superintendent of the county to call a special election to elect a successor and fill the vacancy in not less than 30 nor more than 60 days. The election shall be held as provided by the Georgia Election Code, and the cost of the election shall be defrayed by proper county authorities. If the unexpired term to be filled is six months or less in duration in the case of the term of a district representative, the chairperson shall nominate and the board shall approve a successor to fill the unexpired term, and in the case of the term of the chairperson, the remaining members of the board shall elect a successor to fill the unexpired term of the chairperson. Persons elected or appointed to fill a vacancy in office shall serve out the unexpired term and until a successor is elected and qualified. SECTION 7. The board shall hold a minimum of one regular meeting per month for the transaction of business as may legitimately come before it. The board may convene in special meetings on the call of the chairperson, as the business of the board may require. The district representatives may at any time convene a special meeting of the board upon call by any one of them as the business of the board may require, provided the chairperson is unable or fails to call such meeting upon request. SECTION 8. The chairperson and any three district members shall constitute a quorum. In the absence of the chairperson, any four district representatives shall constitute a quorum. SECTION 9. The chairperson shall be the official head of the board. The chairperson shall cause an agenda to be established for and preside at all meetings of the board unless absent. The chairperson shall have all the rights, powers, duties, and responsibilities of a member of the board, including the right and power to make motions and nominations, except that the chairperson shall not vote on matters before the board except to express unanimity or where there is an equal division on the question. The chairperson may serve as a member of boards, commissions, and committees required by law or requested by the board and shall perform such other duties as may be required by law. GEORGIA LAWS 2011 SESSION 3513 SECTION 10. The board shall elect one of the district representatives to serve as vice chairperson. The vice chairperson shall cause an agenda to be established for and preside at all meetings at which the chairperson is absent. In such event, the vice chairperson shall retain all of his or her rights, duties, powers, and responsibilities as a district representative, including the right to make motions and to vote on matters before the board. SECTION 11. Before entering upon the discharge of their duties, the chairperson and district representatives shall subscribe to an oath for the true and faithful performance of their duties and that they are not the holders of any unaccounted for public funds. SECTION 12. The chairperson shall give a satisfactory surety bond, as determined by the judge of the Probate Court of Lowndes County, and payable to the judge of the Probate Court of Lowndes County and filed in the office of the judge of the Probate Court of Lowndes County, in the sum of $50,000.00, conditioned upon the faithful performance of the duties of the office. Each representative shall give like bond in the sum of $25,000.00. The costs of said bonds shall be paid from county funds. SECTION 13. The board shall adopt and operate under annual budgets in accordance with the laws of this state. SECTION 14. The board shall provide for and cause to be made annual audits in accordance with the laws of this state. SECTION 15. The board may create in and for Lowndes County the office of county manager and vest in such office powers, duties, and responsibilities of an administrative nature in accordance with the laws of this state. SECTION 16. The board may appoint a clerk in and for Lowndes County consistent with the laws of this state. The clerk shall be a resident of Lowndes County. Before entering upon the discharge of his or her duties, the clerk shall give a satisfactory surety bond, as determined by the judge of the Probate Court of Lowndes County, and payable to the judge of the Probate Court of Lowndes County and filed in the office of the judge of the Probate Court of Lowndes County, in the sum of $50,000.00, conditioned upon the faithful performance of his or her duties as clerk and to account for any and all funds, property, or effects which may come into 3514 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II his or her hands as clerk or otherwise. The costs of such bond shall be paid from county funds. SECTION 17. The board shall cause minutes of its meetings to be kept in accordance with the laws of this state. SECTION 18. Salaries, compensation, expenses, and expenses in the nature of compensation to which members of the board serving on the effective date of this Act are currently entitled shall continue in full force and effect. Salaries, compensation, expenses, and expenses in the nature of compensation to which members of the board are thereafter entitled shall be fixed pursuant to the laws of this state. SECTION 19. The governing authority of Lowndes 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 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 20. Unless prohibited by the federal Voting Rights Act of 1965, as amended, this Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval for the purpose of conducting the election of members of the board at the November, 2012, general election as provided in Section 5 of this Act and shall become effective for all purposes on January 1, 2013. SECTION 21. In the event any provision of this Act is unconstitutional or cannot be implemented under federal law, the remaining provisions of this Act shall remain valid and of full force and effect. SECTION 22. (a) The Act continuing the Board of Commissioners of Lowndes County, Georgia, approved June 3, 2003 (Ga. L. 2003, p. 4492), shall be repealed on January 1, 2013. (b) The Act to amend and supersede the laws pertaining to the governing authority of Lowndes County, approved May 11, 2009 (Ga. L. 2009, p. 3877), is hereby repealed. SECTION 23. All laws and parts of laws in conflict with this Act are repealed. GEORGIA LAWS 2011 SESSION 3515 Plan Name: lowndesccwk9r Plan Type: Local User: Blake Administrator: Lowndes Redistricting Plan Components Report District 001 Lowndes County Tract: 101.02 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 1040 1041 1042 1043 1044 1045 1046 1047 1048 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2014 2015 2018 2019 Tract: 104.02 BG: 3 Tract: 105 BG: 1 1019 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 Tract: 106.01 BG: 3 Tract: 106.02 BG: 1 1004 1005 1006 1007 1008 1010 1011 1012 1013 1014 1015 1016 1017 1018 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 Tract: 106.03 Tract: 107 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 BG: 2 3516 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2063 2067 2068 2069 2070 2071 2072 Tract: 108 BG: 1 BG: 2 BG: 3 BG: 4 BG: 5 Tract: 109 Tract: 110 Tract: 113.01 BG: 1 1012 1013 1014 1015 1016 1017 1018 1019 1020 BG: 3 3000 3001 3006 3007 3017 3018 BG: 4 4019 4020 4021 4022 4026 4027 4028 4029 Tract: 113.02 BG: 1 1017 1018 1019 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 BG: 2 BG: 3 Tract: 114.01 BG: 1 1002 1003 1004 1005 1006 1011 1012 1013 1014 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2012 2014 Tract: 114.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1029 1030 1031 1032 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2029 2030 2031 2032 2996 2997 2998 2999 GEORGIA LAWS 2011 SESSION 3517 District 002 Lowndes County Tract: 101.01 Tract: 101.02 BG: 1 1038 1039 1049 1050 BG: 2 2009 2010 2011 2012 2013 2016 2017 BG: 3 Tract: 101.03 Tract: 102.01 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 Tract: 102.02 Tract: 103.01 Tract: 103.02 Tract: 104.01 Tract: 104.02 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2026 2027 2028 Tract: 106.01 BG: 1 BG: 2 Tract: 106.02 BG: 1 1000 1001 1002 1003 1009 1019 1020 BG: 3 3006 3007 3008 3009 3010 3011 District 003 Lowndes County Tract: 102.01 BG: 3 3006 Tract: 104.02 BG: 2 2017 2018 2019 2020 2021 2022 2023 2024 2025 2029 2030 2031 3518 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 Tract: 105 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 BG: 2 2010 2011 2012 Tract: 107 BG: 1 1039 1040 BG: 2 2060 2061 2062 2064 2065 2066 BG: 3 Tract: 108 BG: 6 Tract: 111 Tract: 112 Tract: 113.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1021 1022 BG: 2 BG: 3 3002 3003 3004 3005 3008 3009 3010 3011 3012 3013 3014 3015 3016 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4023 4024 4025 Tract: 113.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1020 1021 1022 1023 1024 1025 Tract: 114.01 BG: 1 1000 1001 1007 1008 1009 1010 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 BG: 2 2011 2013 BG: 3 Tract: 114.02 GEORGIA LAWS 2011 SESSION 3519 BG: 1 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 BG: 2 2020 2021 2022 2023 2024 2025 2026 2027 2028 2033 2034 2035 2036 2037 2038 2039 2040 2041 BG: 3 Tract: 114.03 Tract: 115 Tract: 116 Plan Name: lowndesccsupp3 Plan Type: Local User: reapp Administrator: Lowndes Redistricting Plan Components Report District 004 Lowndes County Tract: 101.01 BG: 2 2016 2017 2018 2019 2020 2021 2022 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 Tract: 101.02 BG: 1 1012 1013 1021 1022 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 BG: 2 BG: 3 Tract: 101.03 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2999 Tract: 102.02 BG: 3 3054 3067 BG: 4 4000 Tract: 103.01 3520 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II BG: 1 1000 1001 1002 1003 1004 1005 1006 1008 1009 1010 1011 1012 1013 1014 1999 Tract: 104.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1008 1009 1011 BG: 2 BG: 3 Tract: 105 Tract: 106.01 BG: 3 Tract: 106.02 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 Tract: 106.03 Tract: 107 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 3041 3042 3043 3044 3045 Tract: 108 Tract: 109 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 Tract: 110 Tract: 113.01 BG: 2 2011 2012 BG: 3 3000 3001 3006 3007 3017 3018 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 4024 4026 4027 4028 4029 GEORGIA LAWS 2011 SESSION 3521 Tract: 113.02 BG: 1 1017 1018 1019 1020 1024 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 BG: 2 BG: 3 Tract: 114.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1027 1029 1030 1031 1032 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2021 2022 2023 2024 2025 2029 2030 2031 2032 2037 2038 2039 2040 2041 2996 2997 2998 2999 BG: 3 3000 3001 3002 3003 3004 3005 3017 3018 3019 3020 3021 Tract: 115 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2019 2022 2023 2024 2025 2026 2027 2028 2044 2045 2046 2047 2048 2049 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4010 4011 4012 District 005 Lowndes County Tract: 101.01 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2023 Tract: 101.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1014 1015 1016 1017 1018 1019 1020 1023 1024 Tract: 101.03 BG: 2 2013 2014 2028 BG: 3 3522 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II Tract: 102.01 Tract: 102.02 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 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 BG: 4 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 BG: 5 BG: 6 Tract: 103.01 BG: 1 1007 BG: 2 BG: 3 Tract: 103.02 Tract: 104.01 Tract: 104.02 BG: 1 1007 1010 Tract: 106.01 BG: 1 BG: 2 Tract: 106.02 BG: 3 3006 3007 3008 3009 3010 3011 Tract: 107 BG: 3 3046 Tract: 109 BG: 1 BG: 3 3006 3007 3008 3009 GEORGIA LAWS 2011 SESSION 3523 Tract: 111 Tract: 112 Tract: 113.01 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2013 2014 2015 BG: 3 3002 3003 3004 3005 3008 3009 3010 3011 3012 3013 3014 3015 3016 BG: 4 4023 4025 Tract: 113.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1021 1022 1023 1025 Tract: 114.01 Tract: 114.02 BG: 1 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1028 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 BG: 2 2020 2026 2027 2028 2033 2034 2035 2036 BG: 3 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3998 3999 Tract: 114.03 Tract: 115 BG: 2 2017 2018 2020 2021 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 BG: 3 BG: 4 4008 4009 Tract: 116 BG: 1 BG: 2 BG: 3 3524 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 3000 3001 3003 3004 3005 3006 3007 3008 3009 BG: 4 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2011 session of the General Assembly of Georgia a bill to amend and supersede the laws pertaining to the governing authority of Lowndes County; to provide for a Board of commissioners of Lowndes County; to provide for the powers and composition of the board of commissioners; to provide for election districts, qualifications, terms of office, and filing of vacancies of commissioners; to provide for meetings and quorum; to provide for the responsibilities of the chairperson; to provide for a vice chairperson and the vice chairperson's responsibilities; to provide for oaths, bonds, budgets, audits, county manager, clerk, minutes, and compensation and expenses of commissioners; to provide for submission pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for severability and effective dates; to provide for the repeal of existing enabling legislation; to repeal conflicting laws; and for other purposes. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tim Golden, who on oath deposes and says that he is the Senator from District 8 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Valdosta Daily Times which is the official organ of Lowndes County on January 7, 2011, and that the notice requirements of Code Section 28-1-14 have been met. s/ TIM GOLDEN Tim Golden Senator, District 8 Sworn to and subscribed before me, this 22nd day of January 2011. s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL) Approved March 15, 2011. GEORGIA LAWS 2011 SESSION 3525 CITY OF ARLINGTON MAYOR; DUTIES; ADMINISTRATIVE DEPARTMENTS; CITY MANAGER; POWERS AND DUTIES. No. 8 (House Bill No. 244). AN ACT To amend an Act reincorporating the City of Arlington in the County of Calhoun and Early, State of Georgia, approved April 10, 1971 (Ga. L. 1971, p. 3885), as amended, particularly by an Act approved May 16, 2007 (Ga. L. 2007, p. 3622), so as to provide for duties of the mayor; to provide for administrative departments and officers thereof; to provide for appointment, qualifications, and compensation of a city manager; to provide for powers and duties of the city manager; to prohibit certain council interference with administration; 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 Arlington in the County of Calhoun and Early, State of Georgia, approved April 10, 1971 (Ga. L. 1971, p. 3885), as amended, particularly by an Act approved May 16, 2007 (Ga. L. 2007, p. 3622), is amended by revising Sections 2.28 and 2.29 as follows: "SECTION 2.28. Reserved. SECTION 2.29. 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; and (5) Vote on all matters before the city council and be counted toward a quorum as any other councilmember." 3526 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 2. Said Act is further amended by revising subsections (d) and (e) of Section 3.10 as follows: "(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 appointed officers, directors, and department heads under the supervision of the city manager shall be nominated by the city manager with confirmation of the appointment by the city council. All appointed officers, directors, and department heads shall be employees at will and subject to removal or suspension at any time by the city manager unless otherwise provided by law or ordinance." SECTION 3. Said Act is further amended by redesignating Sections 3.12 through 3.14 as Sections 3.15 through 3.17, respectively, and adding new Sections 3.12 through 3.14 to read as follows: "SECTION 3.12. City manager; appointment; qualifications; compensation. The city council shall appoint a city manager for an indefinite term and shall fix the city manager's compensation. The city manager shall be appointed solely on the basis of executive and administrative qualifications. The city manager is employed at will and may be summarily removed from office at any time by the city council. SECTION 3.13. Powers and duties of city manager. The city manager shall be the chief executive and administrative officer of the city. The city manager shall be responsible to the city council for the administration of all city affairs placed in the city manager's charge by or under this charter. As the chief executive and administrative officer, the city manager shall: (1) Appoint all city employees except appointed officers, directors, and department heads, who shall be appointed as provided in subsection (e) of Section 3.10 of this charter, and suspend or remove all city employees, appointed officers, directors, and department heads as provided by subsection (e) of Section 3.10 of this charter, except as otherwise provided by law or personnel ordinances adopted pursuant to this charter. The city manager may authorize any administrative officer who is subject to the city manager's direction and supervision to exercise these powers with respect to subordinates in that officer's department, office, or agency; (2) Direct and supervise the administration of all departments, offices, and agencies of the city, except as otherwise provided by this charter or by law; GEORGIA LAWS 2011 SESSION 3527 (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 to vote; (4) See that all laws, provisions of this charter, and acts of the city council, subject to enforcement by the city manager or by officers subject to the city manager's direction and supervision, are faithfully executed; (5) Prepare and submit the annual operating budget and capital budget to the city council; (6) Submit to the city council and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year; (7) Make such other reports as the city council may require concerning the operations of city departments, offices, and agencies subject to the city manager's direction and supervision; (8) Keep the city council fully advised as to the financial condition and future needs of the city and make such recommendations to the city council concerning the affairs of the city as the city manager deems desirable; and (9) Perform other such duties as are specified in this charter or as may be required by the city council. SECTION 3.14. Council interference with administration. Except for the purpose of inquiries and investigations authorized by Section 2.15 of this charter, the city council or its members shall deal with city officers and employees who are subject to the direction and supervision of the city manager solely through the city manager, and neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately." SECTION 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 2011 session of the General Assembly of Georgia a bill to amend an Act reincorporating the City of Arlington in the County of Calhoun and Early, State of Georgia, approved April 10, 1971 (Ga. L. 1971, p. 3885), as amended, particularly by an Act approved May 16, 2007 (Ga. L. 2007, p. 3622); and for other purposes. Feb. 4, 2011 3528 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 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 4, 2011, 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 10th day of February 2011. s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL) Approved March 28, 2011. __________ CITY OF ST. MARYS MAYOR AND COUNCIL; ELECTIONS; REFERENDUM. No. 11 (House Bill No. 105). AN ACT To amend an Act providing for a new charter for the City of St. Marys, Georgia, approved April 9, 1981 (Ga. L. 1981, p. 4763), as amended, particularly by an Act approved April 4, 1996 (Ga. L. 1996, p. 4100), and a home rule amendment filed in the Office of the Secretary of State on February 28, 2005 (Ga. L. 2005, p. 4277), so as to provide for elections of the mayor and councilmembers in even-numbered years; 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: GEORGIA LAWS 2011 SESSION 3529 SECTION 1. An Act providing for a new charter for the City of St. Marys, Georgia, approved April 9, 1981 (Ga. L. 1981, p. 4763), as amended, particularly by an Act approved April 4, 1996 (Ga. L. 1996, p. 4100), and a home rule amendment filed in the Office of the Secretary of on State on February 28, 2005 (Ga. L. 2005, p. 4277), is amended by revising subsections (d) and (e) of Section 3-102 as follows: "(d) The term of all councilmembers elected to city council posts by election in 2011 shall be for a term of three years. The next succeeding election to fill those posts shall be held in 2014, and the terms for councilmembers elected to those posts in that election and subsequent elections shall be four years. The term of all councilmembers elected to city council posts by election in 2013 shall be for a term of three years. The next succeeding election to fill those posts shall be held in 2016, and the terms for councilmembers elected to those posts in that election and subsequent elections shall be four years. (e) The term of the mayor who shall be elected in 2013 shall be for a term of three years. The next succeeding election for mayor shall be held in 2016, and the term for the person elected mayor in that election and subsequent elections shall be four years." SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of St. Marys shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of St. Marys for approval or rejection. The election superintendent of the City of St. Marys shall call and conduct that election on the earliest date permitted for a special election following approval of this Act by the Governor or it becoming law without such approval and preclearance pursuant to Section 5 of the Voting Rights Act of 1965, as amended, as certified by the city attorney. The election superintendent 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 Camden County. The ballot shall have written or printed thereon the words: "( ) YES Shall the charter of the City of St. Marys, Georgia, be amended so as to require that the date of election of city councilmembers and mayor be held ( ) NO in even-numbered years so as to coincide with state and national elections?" 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 upon certification of such election results by the municipal election superintendent unless prohibited by the federal Voting Rights Act of 1965, as amended. The expense of such election shall be borne by the City of St. Marys. It shall be the municipal election superintendent's duty to certify the result thereof to the Secretary of State. This amendment shall not be effective until approved by a majority of the electors of the City of St. Marys 3530 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II voting in the referendum and any necessary approval or preclearance pursuant to the federal Voting Rights Act of 1965, as amended, has been obtained by the city attorney of the City of St. Marys. 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 2011 session of the General Assembly of Georgia a bill to amend an Act providing for a new charter for the City of St. Marys, Georgia, approved April 9, 1981 (Ga. L. 1981, p. 4763), as amended, particularly by an Act approved April 4, 1996 (Ga. L. 1996, p. 4100), and a home rule amendment filed in the Office of the Secretary of State on February 28, 2005 (Ga. L. 2005, p. 4277), so as to provide for elections of the mayor and council members in even-numbered years; to provide for related matters; to provide for a referendum; to provide for effective dates; to repeal conflicting laws; and for other purposes. /s/ Jason Spencer Representative Jason Spencer District 180 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jason Spencer, who on oath deposes and says that he is the Representative from District 180 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Tribune & Georgian which is the official organ of Camden County on January 26, 2011, and that the notice requirements of Code Section 28-1-14 have been met. s/ JASON SPENCER Jason Spencer Representative, District 180 GEORGIA LAWS 2011 SESSION 3531 Sworn to and subscribed before me, this 26th day of January 2011. s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL) Approved April 20, 2011. __________ CITY OF ST. MARYS MAYOR AND COUNCIL; MAJORITY VOTE; REFERENDUM. No. 12 (House Bill No. 106). AN ACT To amend an Act providing for a new charter for the City of St. Marys, Georgia, approved April 9, 1981 (Ga. L. 1981, p. 4763), as amended, particularly by an Act approved April 4, 1996 (Ga. L. 1996, p. 4100), and a home rule amendment filed in the Office of the Secretary of State on February 28, 2005 (Ga. L. 2005, p. 4277), so as to provide for the election of the mayor and councilmembers by a simple majority by the voters of the entire city; 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 providing for a new charter for the City of St. Marys, Georgia, approved April 9, 1981 (Ga. L. 1981, p. 4763), as amended, particularly by an Act approved April 4, 1996 (Ga. L. 1996, p. 4100), and a home rule amendment filed in the Office of the Secretary of State on February 28, 2005 (Ga. L. 2005, p. 4277), is amended by revising subsection (a) of Section 3-102 as follows: "(a) For the purpose of electing councilmembers, the City of St. Marys shall consist of one election district with six numbered posts. Each person seeking election as a councilmember shall designate the post for which he or she seeks election. The candidate receiving a simple majority of the votes cast for the designated city council post shall be elected. All councilmembers shall be elected for terms of four years and until their respective successors are elected and qualified." 3532 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 2. Said Act is further amended by revising subsection (b) of Section 3-102 as follows: "(b) The mayor shall be elected from the city at large by a simple majority of the votes cast to fill such office for a term of four years and until his or her successor is 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 St. Marys shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of St. Marys for approval or rejection. The election superintendent of the City of St. Marys shall call and conduct that election on the earliest date permitted for a special election following approval of this Act by the Governor or it becoming law without such approval and preclearance pursuant to Section 5 of the Voting Rights Act of 1965, as amended, as certified by the city attorney. The election superintendent 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 Camden County. The ballot shall have written or printed thereon the words: "( ) YES Shall the charter of the City of St. Marys, Georgia, be amended so as to require that a candidate for city council or mayor must receive at least a ( ) NO simple majority of all votes cast for such office to be elected?" All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Sections 1 and 2 of this Act shall become of full force and effect and shall apply to the next and all subsequent municipal elections in the City of St. Marys following approval by the electors unless prohibited by the federal Voting Rights Act of 1965, as amended. The expense of such election shall be borne by the City of St. Marys. It shall be the municipal election superintendent's duty to certify the result thereof to the Secretary of State. These amendments shall not be effective until approved by a majority of the electors of the City of St. Marys voting in the referendum and any necessary approval or preclearance pursuant to the federal Voting Rights Act of 1965, as amended, has been obtained by the city attorney of the City of St. Marys. SECTION 4. Except as otherwise provided in Section 3 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. GEORGIA LAWS 2011 SESSION 3533 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2011 session of the General Assembly of Georgia a bill to amend an Act providing for a new charter for the City of St. Marys, Georgia, approved April 9, 1981 (Ga. L. 1981, p. 4763), as amended, particularly by an Act approved April 4, 1996 (Ga. L. 1996, p. 4100), and a home rule amendment filed in the Office of the Secretary of State on February 28, 2005 (Ga. L. 2005, p. 4277), so as to provide for the election of the mayor and council members by a simple majority by the voters of the entire city; to provide for related maters; to provide for a referendum; to provide for effective dates; to repeal conflicting laws; and for other purposes. /s/ Jason Spencer Representative Jason Spencer District 160 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jason Spencer, who on oath deposes and says that he is the Representative from District 180 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Tribune & Georgian which is the official organ of Camden County on January 26, 2011, and that the notice requirements of Code Section 28-1-14 have been met. s/ JASON SPENCER Jason Spencer Representative, District 180 Sworn to and subscribed before me, this 26th day of January 2011. s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL) Approved April 20, 2011. __________ 3534 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II CITY OF WAYNESBORO NEW CHARTER. No. 13 (House Bill No. 122). AN ACT To provide a new charter for the City of Waynesboro; 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 manager, 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 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 severability; to provide for other matters relative to the foregoing; to repeal a specific Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 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 Waynesboro, Georgia, and by that name shall have perpetual succession. GEORGIA LAWS 2011 SESSION 3535 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 Waynesboro, Georgia." Photographic, typed, or other copies of such map or description certified by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps, which it is designated to replace. SECTION 1.12. Powers and construction. (a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. SECTION 1.13. Examples of powers. The powers of the city shall include, but are not limited to, the power: (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; 3536 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II (3) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; and to regulate all housing and building trades; (4) Business regulation and taxation. To levy and to provide for collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees; (5) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other applicable laws as are now or may hereafter be enacted; (6) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (7) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or outside the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (8) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of the state through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (9) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business in the city benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (11) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; GEORGIA LAWS 2011 SESSION 3537 (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; (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; 3538 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II (26) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, public grounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, other public utilities, public housing, airports, hospitals, terminals, docks, parking facilities, and charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; and to provide any other public improvements, inside or outside the corporate limits 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 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; GEORGIA LAWS 2011 SESSION 3539 (34) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; (35) Special areas of public regulation. To regulate or prohibit junk dealers, the manufacture and sale of intoxicating liquors, to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, and massage parlors; and to restrict adult bookstores to certain areas; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (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 1.14. 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 3540 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia. ARTICLE II GOVERNMENT STRUCTURE SECTION 2.10. City council creation; number; election. The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and six (6) councilmembers. The city will be divided into three wards for the purpose of elections, which wards shall be designated as Ward I, Ward II, and Ward III. Two councilmembers will be elected from each ward by the voters in that ward. Each ward shall represent a defined geographical area of the city. The ward 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 ward boundaries of the City of Waynesboro, Georgia." The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the ward boundaries. A redrawn map shall supersede for all purposes the entire map which it is designated to replace. The city council established shall in all respects be successor to and continuation of the governing authority under prior law. The mayor and councilmembers shall be elected in the manner provided by general law and this charter. SECTION 2.11. City councilmembers; terms and qualifications for office. The members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as a councilmember unless that person shall have been a resident of the city for 12 months prior to the date of election of members of the council; each shall continue to reside therein during that member's period of service and to be registered and qualified to vote in municipal elections of this city. In addition to the above requirements, no person shall be eligible to serve as a councilmember representing a council ward unless that person has been a resident of the ward such person seeks to represent for a continuous period of at least six months immediately prior to the date of the election for councilmember and continues to reside in such ward during that person's period of service. GEORGIA LAWS 2011 SESSION 3541 SECTION 2.12. Vacancy; filling of vacancies; suspensions. (a) Vacancies - The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or occurrence of any event specified by the Constitution of the State of Georgia, Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted. (b) Filling of Vacancies - A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, by appointment by the city council or those members remaining if less than 14 months remains in the unexpired term. If such vacancy occurs 14 months or more prior to the expiration of the term of that office, it shall be filled for the remainder of the unexpired term by a special election, as provided for in Section 5.14 of this Charter. (c) 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. Conflicts of interest; holding other offices. (a) Elected and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. (b) Conflict of interest - No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly: (1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of that person's official duties or which would tend to impair the independence of that person's judgment or action in the performance of that person's official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of that person's official duties or would tend to impair the independence of that person's judgment or action in the performance of that person's official duties; (3) Disclose confidential information, including information obtained at meetings which are closed pursuant to Chapter 14 of Title 50 of the O.C.G.A., concerning the property, government, or affairs of the governmental body by which that person is engaged without 3542 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II proper legal authorization or use such information to advance the financial or other private interest of that person or others; (4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation which to that person's knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which that person is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which that person has a financial interest. (c) Disclosure - Any elected official, appointed officer, or employee who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such interest to the city council. The mayor or any councilmember who has a financial interest in any matter pending before the city council shall disclose such interest and such disclosure shall be entered on the records of the city council, and that person shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such interest to the governing body of such agency or entity. (d) Use of public property - No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (e) Contracts voidable and rescindable - Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render such contract or sale voidable at the option of the city council. (f) Ineligibility of elected official - Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which that person was elected. No former councilmember and no former mayor shall hold any compensated appointive office in the city until one year after the expiration of the term for which that person was elected. (g) Political activities of certain officers and employees - No appointed officer and no employee of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. No employee of the city shall continue in such employment upon election to any public office in this city or any other public office which is inconsistent, incompatible, or in conflict with the duties of the city employee. Such GEORGIA LAWS 2011 SESSION 3543 determination shall be made by the mayor and city council either immediately upon election or at any time such conflict may arise. (h) Penalties for violation - (1) Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited that person's office or position. (2) Any officer or employee of the city who shall forfeit that person's office or position as described in paragraph (1) of this subsection shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter. 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 Waynesboro and may enforce such ordinances by imposing penalties for violation thereof. SECTION 2.17. Eminent domain. The city council is hereby empowered to acquire, construct, operate and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities, and any other public improvements 3544 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 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 Monday in January. The meeting shall be called to order by the mayor and the oath of office shall be administered to the newly elected members by an officer authorized to administer oaths and shall, to the extent that it comports with federal and state law, be as follows: "I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (councilmember) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof. I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I by the laws of the State of Georgia am prohibited from holding. I am otherwise qualified to hold said office according to the Constitution and laws of Georgia. I have been a resident of the City of Waynesboro for the time required by the Constitution and laws of this state and by the municipal charter. I will perform the duties of my office in the best interest of the City of Waynesboro to the best of my ability without fear, favor, affection, reward, or expectation thereof." SECTION 2.19. Regular and special meetings. (a) The city council shall hold regular meetings at such times and places as shall be prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or any two members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmembers presence. Only the business stated in the call may be transacted at the special meeting, except by unanimous consent of all members of the council. (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 GEORGIA LAWS 2011 SESSION 3545 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; committees. (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 minute book of its proceedings, which shall be a public record. (b) All committees and committee chairs of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time. SECTION 2.21. Quorum; voting. The mayor and three councilmembers shall constitute a quorum, or in the absence of the mayor, four councilmembers shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the minutes, but any member of the city council shall have the right to request a roll call vote and such vote shall be recorded in the minutes. Except as otherwise provided in this charter, the affirmative vote of three councilmembers 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 Waynesboro" and every ordinance shall so begin. (b) An ordinance may be introduced by the mayor or by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided in Section 2.24. Upon introduction of any ordinance, the city manager shall as soon as possible distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate. 3546 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 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 any 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 four councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. (b) Such meetings shall be open to the public to the extent required by law and notice to the public of emergency meetings shall be made as fully as is reasonably possible in accordance with Code section 50-14-1 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted. SECTION 2.25. Codes of technical regulations. (a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting 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. GEORGIA LAWS 2011 SESSION 3547 (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 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 codification shall be known and cited officially as the "Code of Ordinances of the City of Waynesboro, Georgia." Copies of the Code of Ordinances shall be furnished to all officers, departments and agencies of the city, and made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this Charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code. SECTION 2.27. City manager; appointment; qualifications; compensation. The city council shall appoint a city manager for an indefinite term and shall fix the city manager's compensation. The city manager shall be appointed solely on the basis of that person's executive and administrative qualifications. SECTION 2.28. Removal of city manager. (a) The city council may remove the manager from office in accordance with the following procedures: 3548 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II (1) The city council shall adopt by affirmative vote of a majority of all its members a preliminary resolution which must state the reasons for removal and may suspend the manager from duty for a period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the manager; (2) Within five days after a copy of the resolution is delivered to the manager, the manager may file with the city council a written request for a public hearing. This hearing shall be held within 30 days after the request is filed. The manager may file with the council a written reply not later than five days before the hearing; and (3) If the manager has not requested a public hearing within the time specified in paragraph (2) above, the city council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of all its members. If the manager has requested a public hearing, the city council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of all its members at any time after the public hearing. (b) The manager may continue to receive a salary until the effective date of a final resolution of removal. SECTION 2.29. Acting city manager. By letter filed with the city clerk, the city manager shall designate, subject to approval of the city council, a qualified city administrative officer to exercise the powers and perform the duties of city manager during the city manager's temporary absence or physical or mental disability. During such absence or disability, the city council may revoke such designation at any time and appoint another officer of the city to serve until the city manager shall return or the city manager's disability shall cease. SECTION 2.30. Powers and duties of the city manager. The city manager shall be the chief executive and administrative officer of the city. The city manager shall be responsible to the city council for the administration of all city affairs placed in the city manager's charge by or under this charter. As the chief executive and administrative officer, the city manager shall: (1) Appoint and, when the city manager deems it necessary for the good of the city, suspend or remove all city employees and administrative officers the city manager 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; GEORGIA LAWS 2011 SESSION 3549 (2) Direct and supervise the administration of all departments, offices, and agencies of the city, except as otherwise provided by this charter or by law; (3) Attend all city council meetings, except for closed meetings held for the purposes of deliberating on the appointment, discipline, or removal of the city manager, and have the right to take part in discussion, but the city manager may not vote; (4) See that all laws, provisions of this charter, and acts of the city council, subject to enforcement by the city manager or by officers subject to the city manager's direction and supervision, are faithfully executed; (5) Prepare and submit the annual operating budget and capital budget to the city council; (6) Submit to the city council and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year; (7) Make such other reports as the city council may require concerning the operations of city departments, offices, and agencies subject to the city manager's direction and supervision; (8) Keep the city council fully advised as to the financial condition and future needs of the city, and make such recommendations to the city council concerning the affairs of the city as the city manager deems desirable; and (9) Perform other such duties as are specified in this charter or as may be required by the city council. SECTION 2.31. Council's interference with administration. Except for the purpose of inquiries and investigations under Section 2.15 of this charter, the city council or its members shall deal with city officers and employees who are subject to the direction and supervision of the city manager solely through the city manager, and neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately. The city council shall act in all matters as a body and no member shall seek individually to influence the official acts of the manager or any other officer or employee of the city, or direct or request the appointment of any person to, or his removal from, any office or position of employment, or to interfere in any way with the performance of the duties by the manager or other officers or employees. SECTION 2.32. Election of mayor; forfeiture. The mayor shall be elected at large by the voters of the city and serve for a term of four years and until a successor is elected and qualified. The mayor shall be a qualified elector of this city and shall have been a resident of the city for 12 months prior to the date of election. The mayor shall continue to reside in this city during the period of service. The mayor shall forfeit the office on the same grounds and under the same procedure as for councilmembers. 3550 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 2.33. Vice mayor. The city council at the first regular meeting after the newly elected councilmembers have taken office following each election shall elect a councilmember to serve as vice mayor. The vice mayor shall be elected by a majority vote of the city council. The vice mayor shall serve for a term of two years. The vice mayor 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 of the mayor shall be declared by a majority vote of the city council. The vice mayor 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 vice mayor shall not vote as a member of the council. SECTION 2.34. Powers and duties of mayor. The mayor shall: (1) Preside at all meetings of the city council; (2) Exercise general supervision over administrative work of the city; (3) Be the head of the city for the purpose of service of process and for ceremonial purposes, and be the official spokesperson for the city and the chief advocate of policy; (4) Have the power to administer oaths and to take affidavits; (5) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, resolutions, and other instruments executed by the city which by law are required to be in writing; (6) Vote on matters before the city council only in the case of a tie vote between councilmembers; (7) Approve or disapprove resolutions and ordinances as provided in Section 2.35; and (8) Perform such other duties as may be required by law, this charter, or by ordinance. SECTION 2.35. Submission of ordinances to the mayor; veto power. (a) Every resolution or ordinance adopted by the city council shall be presented by the city manager to the mayor within 96 hours after the adjournment of any council meeting. (b) The mayor, within seven calendar days of receipt of a resolution or ordinance, shall return it to the city manager with or without the mayor's approval, or with his veto. If the resolution or ordinance has been approved by the mayor, it shall become law upon its return to the city manager; if the resolution or ordinance is neither approved nor disapproved, it shall become law at twelve o'clock noon on the twelfth calendar day after its adoption by the city council; if the resolution or ordinance is vetoed, the mayor shall submit to the city GEORGIA LAWS 2011 SESSION 3551 council through the city manager a written statement explaining the reasons for the veto. The city manager shall record upon the resolution or ordinance the date of its delivery to and receipt from the mayor. (c) Resolutions or ordinances vetoed by the mayor shall be presented by the city manager to the city council at its next meeting. If the city council then or at its next meeting adopts the resolution or ordinance over the veto by an affirmative vote of four of its members, it shall become law. (d) The mayor may disapprove or reduce any item or items of appropriation in any resolution or ordinance, except appropriations for auditing or investigating the office of mayor. The approved part or parts of any resolution or ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the city council over the mayor's veto as provided herein. The reduced part or parts shall be presented to city council as though disapproved and shall not become law unless overridden by the city council as provided in subsection (c) above. (e) The mayor shall not have the power to veto any emergency ordinance. ARTICLE III ADMINISTRATIVE AFFAIRS SECTION 3.10. Administrative and service departments. (a) Except as otherwise provided in this charter, the city council, by ordinance, shall prescribe the functions or duties, and establish, abolish, alter, consolidate or leave vacant all nonelective offices, positions of employment, departments, and agencies of the city, as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance or resolution. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision 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 directors of departments shall be subject to removal or suspension at any time by the city manager in the manner provided by city's personnel policy and procedure manual. 3552 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 3.11. Boards, commissions, and authorities. (a) The city council shall create by ordinance or resolution such boards, commissions and authorities to fulfill any investigative, quasi-judicial or quasi-legislative function the city council deems necessary, and shall by ordinance or resolution 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 of the city 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. (g) All members of boards, commissions, or authorities serve at-will and may be removed at any time by a majority vote of the city council unless otherwise provided by law. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chair and one member as vice-chair, and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city. SECTION 3.12. City attorney. The 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 GEORGIA LAWS 2011 SESSION 3553 of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of the person's position as city attorney. The city attorney is not a public official of the city and does not take an oath of office. The city attorney shall at all times be an independent contractor. A law firm, rather than an individual, may be designated as the city attorney. SECTION 3.13. City clerk. The mayor and city council shall appoint a city clerk who shall not be the mayor or a councilmember. The city clerk shall be custodian of the official city seal and city records; maintain city council records required by this charter; attend meetings of the city council and keep minutes of its proceedings at such meetings; and perform such other duties as may be required by the city council. With the approval of the city council, the city manager may serve as the city clerk. SECTION 3.14. Position classification and pay plans. The city manager shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the city council for approval. Such plan may apply to all employees of the city and any of its agencies, departments, boards, commissions or authorities. When a pay plan has been adopted, the city council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. For purposes of this section, all elected city officials are not city employees. SECTION 3.15. Personnel policies. The city council shall adopt by ordinance a personnel policy and procedure manual. All employees shall be governed by the city's personnel policy and procedure manual. 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 Waynesboro. 3554 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 municipal court unless that person shall have attained the age of 25 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 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. SECTION 4.12. Convening. The municipal court shall be convened at regular intervals as provided by ordinance. SECTION 4.13. Jurisdiction; powers. (a) The municipal court shall have jurisdiction and authority to try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 180 days or both such fine and imprisonment or may fix punishment by fine, imprisonment or alternative sentencing as now, or hereafter provided by law. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation, and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court, and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for that person's appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge GEORGIA LAWS 2011 SESSION 3555 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 Burke 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. 3556 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II ARTICLE V ELECTIONS AND REMOVAL SECTION 5.10. Applicability of general law. All primaries and elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended. SECTION 5.11. Election of the city council and mayor. (a) There shall be a municipal general election biennially in the odd years on the Tuesday next following the first Monday in November. (b) There shall be elected the mayor and three councilmembers at one election and at every other election thereafter. The remaining city council seats shall be filled at the election alternating with the first election so that a continuing body is created. Terms shall be for four years. (c) In order to create a continuing body, the following provisions shall apply: (1) On the Tuesday following the first Monday in November, 2011, an election shall be conducted to elect a mayor and three councilmembers. The mayor elected at that time shall take office on January 1, 2012, at the expiration of the term of office of the person serving as mayor on January 1, 2008, George L. Deloach. The candidates elected at that time to the council seats held on January 1, 2008 by Bill Tinley (Ward I, Post 1), Herman Brown (Ward II, Post 2) and Willie R. Williams (Ward III, Post 3) shall take office on January 1, 2012. The mayor and councilmembers elected in November 2011, shall serve for a four year term expiring December 31, 2015, and until such mayor's or councilmember's successors are elected and qualified. The successors to the positions expiring on December 31, 2015 shall be elected on the Tuesday following the first Monday in November 2015. The mayor candidate and city council candidates elected in November 2015, shall serve for a four year term beginning January 1, 2016 and expiring on December 31, 2019. Thereafter, the election schedule provided in subsection (a) and (b) of this section shall apply. (2) On the Tuesday following the first Monday in November, 2013, an election shall be conducted to elect three councilmembers. The candidates elected at that time to the council seats held on January 1, 2010 by Richard Byne (Ward I, Post 4), James Jones (Ward II, Post 5) and Portia Washington (Ward III, Post 6) shall take office on January 1, 2014. The councilmembers elected in November 2013, shall serve for a four year term expiring December 31, 2017, and until such councilmember's successors are elected and qualified. The successors to the positions expiring on December 31, 2017 shall be elected on the Tuesday following the first Monday in November 2017. The candidates elected in November 2017, shall serve for a four year term beginning January 1, 2018 and expiring GEORGIA LAWS 2011 SESSION 3557 on December 31, 2021. Thereafter, the election schedule provided in subsection (a) and (b) of this section shall apply. 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 14 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. SECTION 5.15. Other provisions. Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations as it deems appropriate to fulfill any options and duties under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." SECTION 5.16. Removal of officers. (a) 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: 3558 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II (1) Following a hearing at which an impartial panel shall render a decision. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. The city council shall provide by ordinance for the manner in which such hearings shall be held. Any elected officer sought to be removed from office as provided in this section shall have the right of appeal from the decision of the city council to the Superior Court of Burke 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 Burke County following a hearing on a complaint seeking such removal brought by any resident of the City of Waynesboro. 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. GEORGIA LAWS 2011 SESSION 3559 SECTION 6.13. Regulatory fees; permits. The city council by ordinance shall have the power to require businesses or practitioners doing business in this city to obtain a permit for such activity from the city and pay a regulatory fee for such permit as provided by general law. Such fees shall reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter. SECTION 6.14. Franchises. (a) The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by the city clerk. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. (b) If no franchise agreement is in effect, the city council has the authority to impose a tax on gross receipts for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations. SECTION 6.15. Service charges. The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available within and outside the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. 3560 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 6.16. Special assessments. The city council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners 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 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. GEORGIA LAWS 2011 SESSION 3561 SECTION 6.21. Short-term loans. The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law. SECTION 6.22. Lease-purchase contracts. The city may enter into multiyear lease, purchase, or lease-purchase contracts for the acquisition of goods, materials, real and personal property, services, and supplies, provided the contract terminates without further obligation on the part of the municipality at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed. Contracts must be executed in accordance with the requirements of Code Section 36-60-13 of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted. SECTION 6.23. Fiscal year. The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government unless otherwise provided by state or federal law. SECTION 6.24. Preparation of budgets. The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement plan, and a capital budget, including requirements as to the scope, content, and form of such budgets and plans. SECTION 6.25. Operating budget. On or before a date fixed by the city council but not later than 30 days prior to the beginning of each fiscal year, the city manager shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, 3562 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 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 6.26. Action by city council on budget. (a) The city council may amend the operating budget proposed by the city manager, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than the 31st day of December of each year. If the city council fails to adopt the budget by said date, the amounts appropriated for operation for the then current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.24 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or 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. GEORGIA LAWS 2011 SESSION 3563 SECTION 6.28. Changes in appropriations. The city council by ordinance may make changes in the appropriations contained in the current operating budget, at any regular meeting, special, or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unexpended surplus. SECTION 6.29. Capital budget. (a) On or before the date fixed by the city council but no later than 30 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 2.24 of this charter. (b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than the 31st day of December 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. 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. 3564 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 6.31. Contracting procedures. No contract with the city shall be binding on the city unless it is in writing and it is made or authorized by the city council and such approval is entered in the city council minute book pursuant to Section 2.21 of this charter. SECTION 6.32. Centralized purchasing. The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city. SECTION 6.33. Sale and lease of city property. (a) The city council may sell and convey, or lease any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the 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 provided by the city council. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. GEORGIA LAWS 2011 SESSION 3565 ARTICLE VII GENERAL PROVISIONS SECTION 7.10. Bonds for officials. The officers and employees of this city, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law. SECTION 7.11. Existing ordinances, resolutions, rules, and regulations. All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent with this charter are hereby declared valid and of full effect and force until amended or repealed by the city council. SECTION 7.12. Pending matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be provided by the city council. SECTION 7.13. Construction. (a) Section captions in this charter are informative only and are not be considered as a part thereof. (b) The word "shall" is mandatory and the word "may" is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. SECTION 7.14. 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 3566 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 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 7.15. Specific Repealer. An Act incorporating the City of Waynesboro in the County of Burke, approved April 10, 1971 (Ga. L. 1971, p. 3328), is hereby repealed in its entirety and all amendatory acts thereto are likewise repealed in their entirety. SECTION 7.16. General Repealer. All other laws and parts of laws in conflict with this Act are hereby repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the 2011 regular session of the General Assembly of Georgia a bill to enact a new charter for the City of Waynesboro and to repeal the existing charter approved April 10, 1971 (Ga. L. 1971, p. 3328), as amended; and for other purposes. This 11th day of November 2010. Christopher N. Dube City Attorney City of Waynesboro Post Office Box 367 Wrens, Georgia 30833 706-547-4090 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gloria Frazier, who on oath deposes and says that she is the Representative from District 123 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the True Citizen which is the official organ of Burke County on November 17, 2010, and that the notice requirements of Code Section 28-1-14 have been met. GEORGIA LAWS 2011 SESSION 3567 s/ GLORIA FRAZIER Gloria Frazier Representative, District 123 Sworn to and subscribed before me, this 31st day of January 2011. s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL) Approved April 20, 2011. __________ CITY OF GRAYSON NEW CHARTER. No. 14 (House Bill No. 207). AN ACT To provide a new charter for the City of Grayson, Georgia amending an Act creating the City of Grayson, Georgia approved December 16, 1901 (Ga. L. 1901, P. 662), as amended; to provide for incorporation, boundaries, and powers of the city, both specific and general; to provide for construction of powers, exercise of powers and ordinances of the city; to provide the ability to sue and be sued; to provide for the governing authority of such city, the terms of office, qualification for office, the creation of vacancies, and the filling of vacancies in office; to provide for compensation of members of the governing authority; to provide prohibitions for elected officials; to authorize inquiries and investigations by the governing authority; to provide general powers and authority of the governing authority; to provide for organization, meetings, rules and procedures, voting and enactment of ordinances; to provide for a code of technical regulations; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide the authenticating of ordinances and the recording codification and printing of ordinances; to provide for administrative and service departments, boards, commissions and authorities, a city manager, a city attorney, a city clerk, a tax collector, a city accountant, consolidation of functions, position classifications and pay plans, and personnel policies; to provide for the creation of a municipal court, appointment of judges of the municipal court, the time of convening of the court and the jurisdiction and powers of the municipal court and a process for the appeal of decisions of the municipal court and the adoption of rules of the municipal court; to provide for regular 3568 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II elections, qualifying and nomination of candidates, absentee ballots, nonpartisan elections, election of governing authorities by a majority vote, application of general laws, special elections and filling of vacancies, grounds for removal of members of the governing authority and a procedure for removal; to provide for property taxes, tax levies, tax due dates and the issuance of tax bills, collection of delinquent taxes, licenses, occupational taxes, excise taxes, sewer service charges, sanitary and health service charges, stormwater fees and charges, franchises and franchise fees, special assessments, transfer of executions, general obligation bonds, revenue bonds, short term notes, procedures for establishment of a fiscal year, preparation of budgets, submission of operating budgets to the city council, action by council on budgets, property tax levies, additional appropriations, capital improvements budget, contracting procedures, centralized purchasing and disposition of city property; to provide for bonded and other indebtedness; to provide for official bonds for officers and employees of the city; to provide for continuation of existing ordinances and regulations; to provide for definitions and constructions and penalties; to provide for severability; to provide for an effective date; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I. INCORPORATION AND POWERS SECTION 1.10. Incorporation. This city and the inhabitants thereof are constituted and declared a body politic and corporate under the name and style City of Grayson, Georgia, and by that name shall have perpetual succession. Under that name, the city shall continue to be vested with all the property and rights of property which now belong to the corporation; may sue and be sued; may contract and be contracted with; may acquire and hold property, real and personal as may be devised, bequeathed, sold or in any manner conveyed or dedicated to or otherwise acquired by it, and from time to time may hold or invest, sell, or dispose of the same; may have a common seal and alter and renew the same at will; and may exercise in conformity with this charter all municipal powers, functions, rights, privileges, and immunities of every name and nature whatsoever. SECTION 1.11. Corporate boundaries. (a) The city shall encompass all of the territory described within the following boundaries: (1) The boundaries of this city shall be those existing on the effective date of the adoption of this charter and as further described in Exhibit "A," which is attached to this charter and GEORGIA LAWS 2011 SESSION 3569 is incorporated herein by reference. Upon the adoption of this charter, the boundaries of this city shall include all of that area as described in the previous city charter as well as any areas added by amendment to said charter, and by all annexation ordinances adopted by the governing authority of the City of Grayson since the adoption of the charter. The boundaries of this city shall include those areas shown on a map entitled "Official Boundary Map of the City of Grayson, Georgia" dated December 20, 2010, which map shall be retained permanently in the office of the city clerk and which map is incorporated herein by this reference. Alterations of the boundaries of this city may be made from time to time in a manner provided by law. The boundaries of this city at all times shall be shown on a map to be retained permanently in the office of the city clerk and to be designated: "Official Map of the Corporate Limits of the City of Grayson, Georgia." Photographic, typed, or other copies of such map certified by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map. (2) 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 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 1.13. Examples of powers. (a) The corporate powers of the government of the city, to be exercised by the governing authority, may include the following: (1) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city. (2) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane 3570 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this paragraph. (3) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of this city. (4) Building regulations. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; and to regulate all housing and building trades. (5) Business regulation and taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for the failure to pay any city taxes or fees. (6) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other laws as are, or may hereafter be, enacted. (7) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations. (8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists inside or outside the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city. (9) Environmental Protection. To protect and preserve the natural resources, environment and vital areas of the city, region, and state through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, and other necessary actions for the protection of the environment. (10) Fire regulations. To fix and establish fire limits and from time to time extend, enlarge, or restrict the same; to prescribe fire safety regulations, not inconsistent with general law relating to both fire prevention and detection and to firefighting; and to prescribe penalties and punishment for violations thereof. (11) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business within the city and benefitting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; and to provide for franchises, including exclusive franchises, for trash collection and disposal. (12) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to the health, sanitation, GEORGIA LAWS 2011 SESSION 3571 cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards. (13) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens on such terms and conditions as the donor or grantor may impose. (14) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards. (15) Jail sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains, and squares of the city; to provide for the commitment of such persons to any jail; or to provide for the commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials. (16) Litigation. To bring or defend an action, at law or in equity, brought in a court of proper jurisdiction and to assert any and all defenses permitted by law. (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 venture 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 and to lease property owned by the city for a period not to exceed 25 years or for such other length of time as permitted by law. (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, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties therefor; and to provide for the withdrawal of service for refusal or failure to pay the same. (23) Nuisances. To define a nuisance and provide for its abatement whether on public or private property. (24) Specific 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, and to provide 3572 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II penalties for the violation of Gwinnett County board of health rules and regulations and Gwinnett County health and sanitation ordinances. (25) 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. (26) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police or firefighting agency. (27) 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. (28) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; to provide for any other public improvements inside or outside the corporate limits of the city; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted. (29) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances. (30) Public transportation. To organize and operate such public transportation systems as are deemed beneficial. (31) Public utilities and services. To grant franchises or make contracts for public utilities and public services and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission. (32) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads or within view thereof, inside or abutting the corporate limits of the city and to prescribe penalties and punishment for violation of such ordinances. (33) Retirement. To provide and maintain a retirement plan for officers and employees of the City of Grayson. (34) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; 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. GEORGIA LAWS 2011 SESSION 3573 (35) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system; 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 for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system. (36) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others including the granting of exclusive or nonexclusive franchises for such services; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and provide for the sale of such items. (37) Special areas of public regulation. To regulate junk dealers and pawn shops; to regulate 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 regulate professional fortunetelling, palmistry, adult bookstores, adult entertainment establishments, tattoo parlors and massage parlors. (38) Special assessments. To levy and provide for the collection of special assessments to cover the costs of any public improvements. (39) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation. (40) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law. (41) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles. (42) Urban redevelopment. To organize and operate an urban redevelopment program. (43) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary 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 3574 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 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. SECTION 1.15. Ordinances. All ordinances, bylaws, 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 governing authority. ARTICLE II. GOVERNMENT STRUCTURE LEGISLATIVE BRANCH SECTION 2.10. City council creation; number; election. (a) The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and four councilmembers. The mayor and councilmembers shall be elected in the manner provided by general law and by Article V of this charter. (b) Any person desiring to offer as a candidate for mayor shall specify that he or she is seeking the office of mayor. (c) For the purpose of electing the four councilmembers of the city, there shall be four council posts to be designated Council Post 1 through Council Post 4. Any person desiring to offer as a candidate for councilmember shall designate the council post for which he or she is offering. SECTION 2.11. Terms and qualifications for office. (a) The four members of the city council shall serve for terms of two years and until their respective successors are elected and qualified. The councilmembers who hold Council GEORGIA LAWS 2011 SESSION 3575 Posts 1 and 3 shall be elected in even years. The mayor and councilmembers who hold Council Posts 2 and 4 shall be elected in odd years. (b) No person shall be eligible to serve as mayor or councilmember unless the person shall have been a resident of the city for a period of one year preceding the date of the election of the mayor or members of the city council and must be a qualified voter in municipal elections for officers of said city; the mayor or councilmember shall continue to reside therein during their period of service and to be registered and qualified to vote in municipal elections of this city. SECTION 2.12. Election of mayor; forfeiture; compensation. The mayor shall be elected for and shall serve for a term of two years and until his or her 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 one year immediately preceding his or her election. The mayor shall continue to reside in this city during the period of his or her service. The mayor shall forfeit his or her office on the same grounds and under the same procedure as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers. SECTION 2.13. Powers and duties of mayor. (a) 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 spokesman for the city and the chief advocate of policy; (3) Have the power to administer oaths and to take affidavits; (4) Sign as a matter of course on behalf of the city, as approved by or in accordance with council authorization, all written and approved contracts, and other instruments executed by the city which by law are required to be in writing; (5) Vote on matters before the city council only in the case of a tie vote; (6) Prepare and submit to the city council a recommended annual operating budget and recommended capital budget; (7) Require any department or agency of the city to submit written reports whenever the mayor deems it expedient; (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 be expedient; (9) Fulfill such other executive and administrative duties as the city council shall by ordinance establish; and 3576 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II (10) Perform such other duties as may be required by law, this charter, or by ordinance. SECTION 2.14. Organizational meetings. The city council shall hold an organizational meeting on the third Monday in March of each year. The meeting shall be called to order by the city clerk and the oath of the office shall be administered to the newly elected members as follows: "I do solemnly swear or affirm that I will faithfully perform all of the duties of (mayor) (councilmember) of the City of Grayson in Gwinnett County, Georgia, according to the best of my ability and understanding, so help me God. I further swear or affirm that I am not the holder of any unaccounted for public money due to this state or any political subdivision or authority thereof; that I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I am by the laws of the State of Georgia prohibited from holding; that I am otherwise qualified to hold the office of (mayor) (councilmember) according to the Constitution and laws of the State of Georgia; that I am a resident of the City of Grayson, Georgia, and have been a resident for the period required by law; that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America." SECTION 2.15. Mayor pro tempore. By a majority vote, at the first regular meeting of the mayor and council in March of each year, the mayor and council shall elect a councilmember to serve as the mayor pro tempore. The mayor pro tempore shall assume the duties and powers of the mayor during the mayor's disability or absence. If the mayor pro tempore is absent because of sickness or disqualification, any one of the remaining councilmembers, chosen by the members present, shall be clothed with all the rights and privileges of the mayor and shall perform the mayor's duties. SECTION 2.16. Regular and special meetings. (a) The city council shall hold regular meetings at such times and places as prescribed by ordinance. The council may recess any regular meeting and continue such meetings on any date or hour it may fix and may transact any business at such continued meeting as may be transacted at any regular meeting. (b) The mayor and city council may hold special meetings and may transact business therein in accordance with law. (c) All meetings of the city council may be public in accordance with applicable law. GEORGIA LAWS 2011 SESSION 3577 SECTION 2.17. Rules of procedure. (a) The city council shall adopt 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 city council, if any, 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 2.18. Quorum; voting. The mayor, or mayor pro tempore, and two councilmembers shall constitute a quorum and shall be authorized to transact the business of the city council. Voting on the adoption of ordinances may be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of the majority of the members present shall be required for the adoption of any ordinance, resolution, or motion. SECTION 2.19. Vacancies; forfeiture of office; filling of vacancies. (a) The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. (b) The mayor or any councilmember shall forfeit office if he or she: (1) Lacks at any time during the term of office any qualification of the office as prescribed by this charter or the laws of the State of Georgia; or (2) Is convicted of a felony involving moral turpitude. (c) A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, as provided for in this charter. SECTION 2.20. Grounds and procedure for removal. (a) The mayor or any councilmember shall be subject to removal from office for any one or more of the following causes: (1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a crime involving moral turpitude; 3578 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II (3) Failure at any time to possess any of the qualifications of office, as provided by this charter or by law; (4) Willful violation of any express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; or (6) Failure for any other cause to perform the duties of office as required by this charter or by law. (b) Removal of an elected officer from office may be accomplished by one of the following methods: (1) By action of two-thirds' vote of the entire membership of the council. In the event an elected officer is sought to be removed by the action of the council, such officer shall be entitled to a written notice specifying the ground for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right to appeal from the decision of the council to the Superior Court of Gwinnett County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By information filed in the Superior Court of Gwinnett County, as provided by law. SECTION 2.21. Compensation and expenses. The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance. SECTION 2.22. Holding other office; voting when personally interested. (a) Elected and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. (b) Except as authorized by law, neither the mayor nor any councilmember shall hold any other city office or city employment during the term for which the official was elected. (c) Except as authorized by law, neither the mayor nor any councilmember shall hold any other elected government office. (d) 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 the official is personally interested. SECTION 2.23. Inquiries and investigations. The city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof and for this purpose may subpoena GEORGIA LAWS 2011 SESSION 3579 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 2.24. General power and authority of the city council. (a) Except as otherwise provided by law or by this charter, the city council shall be vested with all the powers of government of this city as provided by Article I of this charter. (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, 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 Grayson and may enforce such ordinance by imposing penalties for violation thereof. (c) By ordinance the council may create, change, alter, abolish, or consolidate offices, agencies, and departments of the city and may assign additional functions to any of the offices, agencies, and departments expressly provided for by this charter. SECTION 2.25. 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 2.26. Action requiring an ordinance. Except as herein provided, every official action of the city council which is to become law shall be enacted by ordinance. 3580 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 2.27. Ordinance forms; procedures. (a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. The enacting clause shall be "The Mayor and Council of the City of Grayson hereby ordains . . . ." (b) An ordinance may be introduced by the mayor or any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish. SECTION 2.28. Codes of technical regulations. The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally. SECTION 2.29. Signing; authentication; recording; codification; printing. (a) The clerk shall authenticate by his or her signature and shall record in full in a properly indexed book kept for that purpose all ordinances adopted by the council. (b) The city 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 as and cited officially as "The Code of the City of Grayson, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city and shall be made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication 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 are deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code. GEORGIA LAWS 2011 SESSION 3581 ARTICLE III. ADMINISTRATIVE AFFAIRS SECTION 3.10. Administrative and service departments. (a) The city council by ordinance shall prescribe the functions or duties and establish, abolish, merge, consolidate, or alter all nonelective offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or by law, the 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 or department head of each department and agency of the city who shall be its principal officer. Each director or department head shall, subject to the direction and supervision of the Mayor (or City Manager if one has been appointed), be responsible for the administration and direction of the affairs and operation of his or her department or agency. (e) All directors or department heads shall be appointed by the council. All appointive directors or department heads shall be employees at will and subject to removal or suspension at any time by a majority of the council unless otherwise provided by law. (f) The mayor and council may, by ordinance, delegate its authority regarding the administrative affairs of the city unless such delegation is prohibited herein or by the general laws or constitution of the State of Georgia. 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 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 other law, no member of any board, commission, or authority shall hold any elective office in the city. 3582 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II (e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed for the original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until he or she has executed and filed with the clerk of the city an oath obligating such member to perform faithfully and impartially the duties of the office, such oath to be prescribed by ordinance and administered by the mayor. (g) Members of boards, commissions, or authorities shall serve at the pleasure of the mayor and 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 chairman and one member as vice-chairman, 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 council shall appoint a city attorney, together with assistant city attorneys as may be authorized, who shall not be a councilmember, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party, may be the prosecuting officer in the municipal court, shall attend the meetings of the council as directed, shall advise the city council, mayor, and other officers or 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 position as city attorney. SECTION 3.13. City clerk. The council shall appoint a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal, maintain the city council records required by this charter, and perform such other duties as may be required by the mayor and council. GEORGIA LAWS 2011 SESSION 3583 SECTION 3.14. City treasurer. The mayor may designate the city clerk or some other person, who shall not be a councilmember, as city treasurer and may designate a certain bank as city depository. The city treasurer shall be responsible for the general duties of a fiscal officer and such other duties as may be provided by ordinance. SECTION 3.15. City manager. The council may appoint a city manager, who shall not be a councilmember. The compensation and term of office of the city manager shall be established by ordinance. If appointed, the administrator shall be vested with the authority and responsibility to oversee and supervise the regular business affairs of the city, and shall act as the office manager of the City Hall. Except as otherwise provided by general or local state law, the city manager shall be the chief administrative officer of the city and shall exercise executive supervision over all city employees and all departments. The city manager shall further have such other duties as the mayor and council may prescribe, and which are not inconsistent with this charter, or any state law. The city manager need not be a resident of the City of Grayson. ARTICLE IV. MUNICIPAL COURT SECTION 4.10. Creation; name. There shall be a court to be known as the Municipal Court of the City of Grayson. SECTION 4.11. Selection of officer to preside over court. (a) At the discretion of the city council, the mayor may preside over the municipal court. The city council is authorized to appoint a mayor pro tempore or a member of the city council to hold and preside of such municipal court in the absence or disqualification of the mayor. While presiding over the court, said mayor pro tempore or member of the city council shall have such power, authority, and jurisdiction as is given by the charter to the mayor. (b) The city council, if it so chooses, may appoint a chief judge to preside over the court in lieu of the mayor and such part-time, full-time, or stand-by judges as are deemed necessary. The method of selection and terms of such judges shall be provided by ordinance. 3584 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II (c) No person shall be qualified or eligible to serve as a judge, under subsection (b) of this section, 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. Judges, if any, shall be appointed by the council and shall serve until a successor is appointed and qualified. (d) Compensation of the judges shall be fixed by ordinance. (e) Judges shall serve at the pleasure of the mayor and council. (f) 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 their ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal. SECTION 4.12. Convening. The municipal court shall be convened at regular intervals as provided by ordinance. SECTION 4.13. Jurisdiction; powers. (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. Such punishment shall not exceed $200.00 or 15 days of imprisonment, or by both such fine and imprisonment. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment and labor on the public works of the city for six months or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and the care-taking 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 his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the judge presiding at such time and an execution shall be issued thereon by serving the defendant and his 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 GEORGIA LAWS 2011 SESSION 3585 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) The presiding officer of the municipal court may be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each presiding officer of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city. (i) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to municipal courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. SECTION 4.14. Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Gwinnett County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. SECTION 4.15. Rules for court. The Uniform Rules for Municipal Courts of the State of Georgia, as amended, shall be the rules of the Municipal Court of the City of Grayson. In accordance with those rules and with the approval of the city council, the presiding officer of the court shall have full power and authority to make reasonable internal operating rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings. 3586 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II ARTICLE V. ELECTIONS SECTION 5.10. Applicability of general law. All primaries and elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended. SECTION 5.11. Election of the mayor and city council. (a) There shall be a municipal election annually on the Tuesday next following the first Monday in November. (b) On the Tuesday next following the first Monday in November of 2011 and every two years thereafter, the successors to the position of mayor and such two councilmembers who hold Council Posts 2 and 4 (the seat currently held by Allison Wilkerson Rooks shall be Post 2; the seat currently held by Marcus Hinton shall be Post 4) shall be elected and shall serve terms of office of two years or until their successors are elected and qualified and shall take office on the day of the first meeting in January following their election. (c) On the Tuesday next following the first Monday in November of 2012 and every two years thereafter, the successors to such two councilmembers who hold Council Posts 1 and 3 (the seat currently held by Marc Gordon shall be Post 1; the seat currently held by David Schroder shall be Post 3) shall be elected and shall serve terms of office of two years and until their successors are elected and qualified and shall take office on the day of the first meeting in January following their election. 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. GEORGIA LAWS 2011 SESSION 3587 SECTION 5.14. Special elections; interim appointments; vacancies. In the event that the office of mayor or councilmember shall become vacant for any cause whatsoever, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such office; provided, however, that if such vacancy occurs within 12 months of the expiration of the term of that office, said vacancy shall be filled by appointment by the remaining members of the council. The special election to fill the unexpired term shall be held and conducted in accordance with Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," as now or hereafter amended. SECTION 5.15. Other provisions. Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," as now or hereafter amended. ARTICLE VI. FINANCE SECTION 6.10. Property tax. All property city subject to taxation for state or county purposes assessed as of January 1 in each year, shall be subject to the property tax levied by the city. The council by ordinance shall elect to use the county assessment for the year in which the city taxes are to be levied and shall request the county to furnish appropriate information for such purpose. SECTION 6.11. Tax levy. The city council may assess, levy, and collect 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. 3588 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 6.12. Millage rate; due dates; payment methods. The city council, by ordinance, shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council by ordinance may provide for the payment of these taxes by installments or in one lump sum, the method of such payment, as well as authorize the voluntary payment of taxes prior to the time when due. SECTION 6.13. Occupation and business taxes. The city council, by ordinance, shall have full power to levy such occupation or business taxes as are not denied by law. Such taxes may be levied upon residents of the city, both individuals and corporations, and on all those who transact or offer to transact business in the city or who practice or offer to practice any profession or calling within the city to the extent such persons have a constitutionally sufficient nexus to this city to be so taxed. The city council may classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.19 of this charter. SECTION 6.14. Regulatory fees; permits. The city council, by ordinance, shall have the power to require any individual, corporation, business, or practitioner who transacts business in this city or who practices or offers to practice any profession or calling within the city to obtain a license or permit for such activity from the city and to pay a reasonable fee for such license or permit where such activities are not now regulated by general law in such a way as to preclude city regulations. Such fees may reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.19 of this charter. The city council, by ordinance, may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate. SECTION 6.15. 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 companies, gas companies, transportation companies, garbage or waste collectors, and other similar organizations. The GEORGIA LAWS 2011 SESSION 3589 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 to impose a tax on gross receipts for the use of the city's streets and alleys for the purpose of railroads, streets railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, garbage or waste collectors, and other similar organizations. SECTION 6.16. Service charges. The city council, by ordinance, shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, stormwater services, or any other services provided or made available inside or outside the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.19 of this charter. SECTION 6.17. Special assessments. The city council, by ordinance, shall have the power and authority to 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 or appurtenances against the abutting property owners, under such terms and conditions as may be prescribed by ordinance. If unpaid, such charges shall be collected as provided in Section 6.19 of this charter. SECTION 6.18. Construction; other taxes. This city shall be empowered to levy any other tax allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs. 3590 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 6.19. 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 6.18 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 licenses for failure to pay any city taxes or fees, and providing for the assignment or transfer of tax executions. SECTION 6.20. 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 issuances by municipalities in effect at the time said issue is undertaken. SECTION 6.21. 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 6.22. 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 6.23. Lease-purchase contracts. The city may enter into multiyear lease, purchase, or lease-purchase contracts for the acquisition of goods, materials, real and personal property, services, and supplies, provided the contract terminates without further obligation on the part of the city at the close of the calendar year 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 amended. GEORGIA LAWS 2011 SESSION 3591 SECTION 6.24. Fiscal year. The city council shall set the fiscal year by ordinance. Such fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government, unless otherwise provided by state or federal law. SECTION 6.25. Preparation of budgets. The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement program, and a capital improvement budget, including requirements as to the scope, content, and form of such budgets and programs. SECTION 6.26. 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 comments and information as he or she may deem pertinent. The operating budget and the capital improvements budget hereinafter provided for, the budget message, and all supporting documents shall be filed with the office of the city clerk and shall be open to public inspection. SECTION 6.27. 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 law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council, by ordinance, shall adopt the final operating budget for the ensuing fiscal year not later than the first day of October of each year. If the city council fails to adopt the budget by said 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 3592 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 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 6.25 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 allotments thereof to which it is chargeable. SECTION 6.28. Tax levies. Following adoption of the operating budget, the city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expense of the general government of this city. SECTION 6.29. 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 unappropriated surplus. SECTION 6.30. Capital improvements budget. On or before a date fixed by the city council but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed capital improvements budget with his or her recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have the power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency threatening the lives, health, or property of the inhabitants, when passed by a two-thirds' vote of the membership of the council. GEORGIA LAWS 2011 SESSION 3593 SECTION 6.31. Independent audit. There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing cost to the public. SECTION 6.32. Contracting procedures. No contract with the city shall be binding on the city unless: (1) It is in writing; and (2) It is made or authorized by the city council or is made or authorized by the mayor (or City Manager if one has been appointed) under authority properly delegated by the city council. SECTION 6.33. Centralized purchasing. The city council, by ordinance, may prescribe procedures for a system of centralized purchasing for the city. SECTION 6.34. Sale of city property. (a) The city council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon request by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights-of-way of said street, avenue, alley, or public place when such exchange is deemed to be in the best interest of the city. All deeds and conveyances heretofore and hereafter so 3594 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. SECTION 6.35. Capital reserve fund. (a) The city council shall maintain a capital reserve fund to be set forth in the budget for each fiscal year. The initial amount of this capital reserve fund shall be not less than $400,000.00. Said fund shall be for the purpose of providing funds to be used in the case of dire emergency, for the purpose of generating long term interest income to provide financial stability for the city, and for the purpose of making long term capital investments. Interest income generated from said fund and payable in any particular fiscal year shall be deposited into the capital reserve fund. (b) The mayor and council may provide for the withdrawal of funds from the capital reserve fund to be used in cases of dire emergency or to make capital investments upon the passage of an ordinance finding that said expenditure constitutes a dire emergency or is a long-term capital investment in the best interest of the city. Approval of any such ordinance shall require the affirmative vote of at least four members of the governing authority. Should the council decide to use a portion of the capital reserve fund, the council shall designate in the ordinance the minimum balance that shall be maintained in the capital reserve fund. ARTICLE VII. GENERAL PROVISIONS SECTION 7.10. Bonds for officials. The officers and employees of the 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 may from time to time require by ordinance or as may be provided by law. SECTION 7.11. Prior ordinances and regulations. All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent with this charter are declared valid and of full effect and force until amended, modified, or repealed by the city council. GEORGIA LAWS 2011 SESSION 3595 SECTION 7.12. Pending matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be provided by the city council. SECTION 7.13. Construction. (a) Section captions in this charter are informative only and shall not be considered as a part thereof. (b) The word "shall" is mandatory and the word "may" is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. SECTION 7.14. Penalties. The violation of any provision of this charter for which a penalty is not specifically provided for herein is hereby declared to be a misdemeanor and shall be punishable by a fine of not more than $1,000.00 or by imprisonment not to exceed 120 days, or both such fine and imprisonment. SECTION 7.15. Severability. In the event 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. Effective date. This Act shall become effective upon its approval by the Governor of the State of Georgia or upon its becoming law without such approval. 3596 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 7.17. Repealer. All laws and parts of laws in conflict with this charter are hereby repealed. EXHIBIT A The boundaries of the City of Grayson, Georgia, are intended to include and are hereby declared to include all of the area included within the corporate boundaries upon the effective date of this charter which includes all areas described in the previous charter (Ga. L. 1901, p. 662), all properties added through amendments to that charter, and all properties added by all annexation ordinances adopted by the governing authority of the City of Grayson since the adoption of that charter, which properties are intended to include and are hereby declared to include all of the property within the boundaries of the city shown on the "Official Boundary Map of the City of Grayson, Georgia" dated December 20, 2010, and all property 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 right of ways adjacent to those parcels, including railroad right of ways lying adjacent to those parcels or to public road ways adjacent to those parcels: R5102 001 R5102 147 R5103 003 R5103 005 R5103 023 R5103 024 R5103 099 R5103 104 R5103 106 R5103 114 R5103 116 R5103 119 R5103 121 R5103 135 R5103 138 R5103 141 R5103 142 R5103 143 R5103 144 R5103 145 R5103 148 R5103 149 R5103 151 R5103 152 R5103 154 R5103 155 R5103 156 R5103 157 R5103 158 R5103 159 R5103 160 R5103 161 R5103 162 R5103 164 R5103 168 R5103 170 R5103 181 R5103 185 R5103 187 R5103 188 R5103 189 R5103 190 R5103 191 R5103 192 R5103 193 R5103 194 R5103 195 R5103 196 R5103 197 R5103 198 R5103 199 R5103 200 R5103 201 R5103 202 R5103 203 R5103 204 R5103 205 R5103 206 R5103 207 R5103 208 R5103 209 R5103 210 R5103 211 R5103 212 R5103 213 R5103 214 R5103 215 R5103 216 R5103 217 R5103 218 R5103 219 R5103 220 R5103 221 R5103 222 R5103 223 R5103 224 R5103 225 R5103 226 R5103 227 R5103 228 R5103 229 R5103 230 R5103 231 R5103 232 R5103 233 R5103 234 R5103 235 R5103 236 R5103 237 R5103 238 R5103 239 R5103 240 R5103 241 R5103 242 R5103 243 R5103 244 R5103 245 R5103 246 R5103 247 R5103 248 R5103 249 R5103 250 R5103 251 R5103 252 R5103 253 R5103 254 R5103 255 R5103 256 R5103 257 R5103 258 R5103 259 R5103 260 R5103 261 R5103 262 R5103 263 R5103 264 R5103 265 R5103 266 R5103 267 R5103 268 R5103 269 R5103 270 R5103 271 R5103 272 R5103 273 R5103 274 R5103 275 R5103 276 R5103 277 R5103 278 R5103 279 R5103 280 R5103 281 R5103 282 R5103 283 R5121 007 R5121 008 R5121 009 R5121 012 R5121 015 R5121 016 R5121 018 R5121 019 R5121 023 R5121 025 R5121 030 R5121 032 R5121 033 R5121 171 R5121 172 R5121 173 R5121 174 R5121 175 R5121 176 R5121 177 R5121 178 R5121 179 R5121 180 R5121 181 R5121 184 R5121 185 R5121 186 R5121 187 R5121 188 R5121 189 R5121 190 R5121 191 GEORGIA LAWS 2011 SESSION R5121 192 R5121 193 R5121 194 R5121 195 R5121 196 R5121 197 R5121 198 R5121 199 R5121 200 R5121 201 R5121 202 R5121 203 R5121 204 R5121 205 R5121 206 R5121 207 R5121 208 R5121 209 R5121 210 R5121 211 R5121 212 R5121 214 R5121 220 R5121 221 R5121 222 R5121 223 R5121 224 R5121 225 R5121 226 R5121 227 R5121 228 R5121 229 R5121 230 R5121 231 R5121 232 R5121 233 R5121 234 R5121 235 R5121 236 R5121 237 R5121 238 R5121 239 R5121 240 R5121 241 R5121 242 R5121 243 R5121 244 R5121 245 R5121 246 R5121 247 R5121 248 R5121 249 R5121 250 R5121 251 R5121 252 R5121 253 R5121 254 R5121 257 R5121 258 R5121 259 R5121 260 R5121 261 R5121 262 R5121 263 R5121 264 R5121 265 R5121 266 R5121 267 R5121 268 R5121 269 R5121 270 R5121 271 R5121 272 R5121 273 R5121 274 R5121 275 R5121 276 R5121 277 R5121 278 R5121 279 R5121 280 R5121 282 R5121 283 R5121 284 R5121 285 R5121 286 R5121 287 R5121 288 R5121 289 R5121 290 R5121 291 R5121 292 R5121 293 R5121 294 R5121 295 R5121 296 R5121 297 R5121 298 R5121 299 R5121 300 R5121 301 R5121 302 R5121 304 R5121 310 R5121 311 R5121 312 R5121 313 R5121 314 R5121 315 R5121 316 R5122 001 R5122 003 R5122 003A R5122 005 R5122 006 R5122 010 R5122 013 R5122 014 R5122 016 R5122 017 R5122 018 R5122 019 R5122 023 R5122 024 R5122 029 R5122 034 R5122 050 R5122 052 R5122 086 R5122 090 R5122 092 R5122 100 R5122 101 R5122 102 R5122 103 R5122 104 R5122 105 R5122 106 R5122 107 R5122 108 R5122 109 R5122 110 R5122 111 R5122 112 R5122 113 R5122 114 R5122 115 R5122 116 R5122 117 R5122 118 R5122 119 R5122 120 R5122 121 R5122 122 R5122 123 R5122 124 R5122 125 R5122 126 R5122 127 R5122 128 R5122 129 R5122 130 R5122 131 R5122 132 3597 R5122 133 R5122 134 R5122 135 R5122 136 R5122 137 R5122 138 R5122 139 R5122 140 R5122 141 R5122 142 R5122 143 R5122 144 R5122 145 R5122 146 R5122 147 R5122 148 R5122 149 R5122 150 R5122 151 R5122 152 R5122 153 R5122 154 R5122 155 R5122 156 R5122 157 R5122 158 R5122 159 R5122 160 R5122 161 R5122 162 R5122 163 R5122 164 R5122 165 R5122 166 R5122 167 R5122 168 R5122 169 R5122 170 R5122 171 R5122 172 R5122 173 3598 R5122 174 R5122 175 R5122 176 R5122 177 R5122 178 R5122 179 R5122 180 R5122 181 R5122 182 R5122 183 R5122 184 R5122 185 R5122 186 R5122 187 R5122 344 R5122 346 R5122 347 R5134 002 R5134 006 R5134 011 R5134 024 R5134 026 R5134 030 R5134 038 R5134 040 R5134 041 R5134 042 R5134 043 R5134 044 R5134 045 R5134 049 R5134 051 R5134 052 R5134 053 R5134 054 R5134 056 R5134 058 R5134 059 R5134 060 R5134 061 R5134 062 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II R5134 063 R5134 064 R5134 065 R5134 066 R5134 067 R5134 068 R5134 069 R5134 070 R5134 071 R5134 072 R5134 073 R5134 074 R5134 075 R5134 076 R5134 077 R5134 078 R5134 079 R5134 080 R5134 081 R5134 082 R5134 083 R5134 084 R5134 085 R5134 086 R5134 087 R5134 088 R5134 089 R5134 090 R5134 091 R5134 092 R5134 093 R5134 094 R5134 095 R5134 096 R5134 097 R5134 098 R5134 099 R5134 100 R5134 101 R5134 102 R5134 103 R5134 104 R5134 105 R5134 106 R5134 107 R5134 108 R5134 109 R5134 110 R5134 111 R5134 112 R5134 113 R5134 114 R5134 115 R5134 116 R5134 117 R5134 118 R5134 119 R5134 120 R5134 121 R5134 122 R5134 123 R5134 124 R5134 125 R5134 126 R5134 127 R5134 128 R5134 129 R5134 130 R5134 131 R5134 132 R5134 133 R5134 134 R5134 135 R5134 136 R5134 137 R5134 138 R5134 139 R5134 140 R5134 141 R5134 142 R5134 143 R5134 144 R5134 145 R5134 146 R5134 148 R5134 149 R5134 150 R5134 151 R5134 152 R5134 153 R5134 154 R5134 155 R5134 156 R5134 157 R5134 158 R5134 159 R5134 160 R5134 161 R5134 162 R5134 163 R5134 164 R5134 165 R5134 166 R5134 167 R5134 168 R5134 169 R5134 170 R5134 171 R5134 172 R5134 173 R5134 174 R5134 175 R5134 176 R5134 177 R5134 178 R5134 179 R5134 180 R5134 181 R5134 182 R5134 183 R5134 184 R5134 185 R5134 186 R5134 187 R5134 188 R5134 189 R5134 190 R5134 191 R5134 192 R5134 193 R5134 194 R5134 195 R5134 196 R5134 197 R5134 198 R5134 199 R5134 200 R5134 201 R5134 202 R5134 203 R5134 204 R5134 205 R5134 206 R5134 207 R5134 208 R5134 209 R5134 210 R5134 211 R5134 212 R5134 213 R5134 214 R5134 215 R5134 216 R5134 217 R5134 218 R5134 219 R5134 220 R5134 221 R5134 222 R5134 223 R5134 224 R5134 225 R5134 226 R5134 227 R5134 228 R5134 229 R5134 230 R5134 231 R5134 232 R5134 233 R5134 234 R5134 235 R5134 236 R5134 237 R5134 238 R5134 239 R5134 240 R5134 241 R5134 242 R5134 243 R5134 244 R5134 245 R5134 246 R5134 247 R5134 248 R5134 251 R5134 252 R5134 254 R5134 255 R5134 256 R5134 257 R5134 258 R5134 259 R5134 260 R5134 261 R5134 262 R5134 263 R5134 264 R5134 265 R5134 266 R5134 267 R5134 268 R5134 269 R5134 270 R5134 271 GEORGIA LAWS 2011 SESSION R5134 272 R5134 273 R5134 274 R5134 276 R5134 277 R5134 278 R5134 280 R5135 001 R5135 003 R5135 003A R5135 005 R5135 006 R5135 006A R5135 006B R5135 007 R5135 007A R5135 007B R5135 008 R5135 015 R5135 017 R5135 021 R5135 023 R5135 029 R5135 031 R5135 033 R5135 035 R5135 037 R5135 039 R5135 040 R5135 041 R5135 042 R5135 044 R5135 045 R5135 046 R5135 047 R5135 048 R5135 049 R5135 050 R5135 051 R5135 052 R5135 053 R5135 055 R5135 056 R5135 057 R5135 058 R5135 059 R5135 060 R5135 061 R5135 062 R5135 063 R5135 064 R5135 065 R5135 066 R5135 067 R5135 068 R5135 069 R5135 070 R5135 071 R5135 072 R5135 073 R5135 074 R5135 075 R5135 076 R5135 077 R5135 078 R5135 079 R5135 080 R5135 081 R5135 082 R5135 083 R5135 084 R5135 085 R5135 086 R5135 087 R5135 088 R5135 089 R5135 090 R5135 091 R5135 092 R5135 093 R5135 094 R5135 095 R5135 096 R5135A039B R5135A114 R5135A001 R5135A039C R5135A115 R5135A002 R5135A040 R5135A116 R5135A003A R5135A041 R5135A117 R5135A004 R5135A042 R5135A118 R5135A005 R5135A043 R5135A119 R5135A006 R5135A044 R5135A120 R5135A007 R5135A044A R5135A121 R5135A008 R5135A045 R5135A122 R5135A010 R5135A046 R5135A123 R5135A011 R5135A047 R5135A124 R5135A012 R5135A048 R5135A125 R5135A013 R5135A050 R5135A127 R5135A013A R5135A052 R5135A128 R5135A013D R5135A053 R5135A129 R5135A013E R5135A054 R5135A130 R5135A014 R5135A055 R5135A131 R5135A016 R5135A058 R5135A132 R5135A016A R5135A058A R5135A133 R5135A016B R5135A060 R5135A134 R5135A019 R5135A061 R5135A135 R5135A020 R5135A062 R5135A136 R5135A022 R5135A065 R5135A137 R5135A023 R5135A066 R5135A138 R5135A025 R5135A067 R5135A139 R5135A026 R5135A070 R5135A140 R5135A027 R5135A072 R5135A141 R5135A028 R5135A076 R5135A142 R5135A029 R5135A080 R5135A143 R5135A030 R5135A081 R5135A144 R5135A031 R5135A083 R5135A145 R5135A032 R5135A085 R5135A146 R5135A032A R5135A087 R5135A147 R5135A033 R5135A091 R5135A148 R5135A034 R5135A095 R5135A149 R5135A035 R5135A101 R5135A150 R5135A036 R5135A102 R5135A151 R5135A037 R5135A109 R5135A152 R5135A038 R5135A111 R5135A153 R5135A039 R5135A112 R5135A154 R5135A039A R5135A113 R5135A155 3599 R5135A156 R5135A157 R5135A158 R5135A160 R5135A161 R5136 001 R5136 002 R5136 003 R5136 004 R5136 005 R5136 006 R5136 007 R5136 008 R5136 009 R5136 011A R5136 011B R5136 011E R5136 011F R5136 011H R5136 014 R5136 015 R5136 016 R5136 016A R5136 018 R5136 019 R5136 020 R5136 026 R5136 027 R5136 028 R5136 029 R5136 031 R5136 033 R5136 034 R5136 035 R5136 036A R5136 037A R5136 038 R5136 041 R5136 044 R5136 046 R5136 047 3600 R5136 048 R5136 049 R5136 050 R5136 051 R5136 052 R5136 054 R5136 055 R5136 056 R5136 057 R5136 058 R5136 062 R5136 063 R5136 068 R5136 069 R5136 071 R5136 072 R5136 074 R5136 077 R5136 078 R5136 083 R5136 086 R5136 088 R5136 090 R5136 091 R5136 093 R5136 095 R5136 102 R5136 106 R5136 109 R5136 110 R5136 111 R5136 112 R5136 113 R5136 114 R5136 115 R5136 116 R5136 117 R5136 118 R5136 119 R5136 120 R5136 121 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II R5136 122 R5136 123 R5136 124 R5136 125 R5136 131 R5136 133 R5136 143 R5136 148 R5136 149 R5136 150 R5136 156 R5136 158 R5136 159 R5136 160 R5136 161 R5136 163 R5136 168 R5136 169 R5136 170 R5136 171 R5136 172 R5136 173 R5136 174 R5136 175 R5136 176 R5136 177 R5136 178 R5136 179 R5136 180 R5136 181 R5136 182 R5136 183 R5136 184 R5136 185 R5136 186 R5136 187 R5136 188 R5136 189 R5136 190 R5136 191 R5136 192 R5136 193 R5136 194 R5136 195 R5136 196 R5136 197 R5136 198 R5136 199 R5136 200 R5136 201 R5136 202 R5136 203 R5136 204 R5136 205 R5136 206 R5136 207 R5136 208 R5136 209 R5136 210 R5136 211 R5136 212 R5136 213 R5136 214 R5136 215 R5136 216 R5136 217 R5136 218 R5136 219 R5136 220 R5136 221 R5136 222 R5136 223 R5136 224 R5136 225 R5136 227 R5136 228 R5136 229 R5136 230 R5136 231 R5136 232 R5136 233 R5136 234 R5136 235 R5136 236 R5136 237 R5136 238 R5136 239 R5136 240 R5136 241 R5136 242 R5136 243 R5136 244 R5136 245 R5136 246 R5136 247 R5136 248 R5136 249 R5136 250 R5136 251 R5136 252 R5136 253 R5136 254 R5136 255 R5136 256 R5136 257 R5136 258 R5136 259 R5136 260 R5136 262 R5136 263 R5136 264 R5136 265 R5136 266 R5136 267 R5136 268 R5136 269 R5136 270 R5136 271 R5136 274 R5136 278 R5136 279 R5136 280 R5136 281 R5136 282 R5136 283 R5136 284 R5136 285 R5136 286 R5136 287 R5136 288 R5136 289 R5136 290 R5136 291 R5136 292 R5136 293 R5136 294 R5136 295 R5136 296 R5136 297 R5136 298 R5136 299 R5136 300 R5136 301 R5136 302 R5136 303 R5136 304 R5136 306 R5136 307 R5136 308 R5136 309 R5136 310 R5136 311 R5136 312 R5136 313 R5136 314 R5136 315 R5136 316 R5136 317 R5136 318 R5136 319 R5136 321 R5136 323 R5136 325 R5136 326 R5136 327 R5136 328 R5136 329 R5136 330 R5136 331 R5136 332 R5136 333 R5136 334 R5136 335 R5136 336 R5136 337 R5136 338 R5136 339 R5136 340 R5136 341 R5136 342 R5136 343 R5136 344 R5136 345 R5136 346 R5136 347 R5136 348 R5136 349 R5136 350 R5136 351 R5136 352 R5136 353 R5136 354 R5136 355 R5136 357 R5136 359 R5137 001 R5137 002 R5137 006 R5137 007 R5137 053 R5137 226 R5137 228 R5137 230 R5153 003 R5153 006 GEORGIA LAWS 2011 SESSION 3601 R5153 007 R5153 008 R5153 009 R5153 010 R5153 011 R5153 012 R5153 013 R5153 020 R5153 021 R5153 022 R5153 023 R5153 024 R5153 025 R5153 026 R5153 027 R5153 028 R5153 032 R5153 033 R5153 034 R5153 035 R5153 036 R5153 038 R5153 190 R5153 191 R5153 192 R5153 193 R5153 194 R5153 195 R5154 002A R5154 002B R5154 005 R5154 007 R5154 009 R5154 013 R5154 015 R5154 056 R5154 057 R5154 058 R5154 059 R5154 060 R5154 061 R5154 062 R5154 063 R5154 064 R5154 065 R5154 066 R5154 067 R5154 068 R5154 069 R5154 070 R5154 071 R5154 072 R5154 073 R5154 074 R5154 075 R5154 076 R5154 077 R5154 078 R5154 079 R5154 080 R5154 081 R5154 082 R5154 083 R5154 084 R5154 085 R5154 086 R5154 087 R5154 088 R5154 089 R5154 090 R5154 091 R5154 092 R5154 093 R5154 097 R5154 099 R5154 100 R5154 101 R5154 102 R5154 103 R5154 104 R5154 105 R5154 106 R5154 107 R5154 108 R5154 109 R5154 110 R5154 111 R5154 112 R5154 113 R5154 114 R5154 115 R5154 116 R5154 117 R5154 118 R5154 119 R5154 120 R5154 121 R5154 122 R5154 123 R5154 124 R5154 125 R5154 126 R5154 127 R5154 128 R5154 129 R5154 131 R5154 132 R5154 134 R5154 136 R5154 140 R5154 142 R5154 143 R5154 144 R5154 146 R5154 147 R5154 149 R5154 150 R5154 151 R5154 152 R5154 153 R5154 154 R5154 155 R5154 156 R5154 158 R5154 159 R5154 161 R5154 163 R5154 165 R5154 166 R5154 167 R5154 168 R5154 169 R5154 170 R5154 171 R5154 172 R5154 173 R5154 174 R5154 175 R5154 176 R5154 177 R5154 178 R5154 179 R5154 180 R5154 181 R5154 182 R5154 183 R5154 184 R5154 185 R5154 186 R5154 187 R5154 188 R5154 189 R5154 190 R5154 191 R5154 192 R5154 193 R5154 194 R5154 195 R5154 196 R5154 197 R5154 198 R5154 199 R5154 200 R5154 201 R5154 202 R5154 203 R5154 204 R5154 205 R5154 206 R5154 207 R5154 208 R5154 209 R5154 210 R5154 211 R5154 212 R5154 213 R5154 214 R5154 215 R5154 278 R5155 001A R5155 001B R5155 001C R5155 002 R5155 004 R5155 004A R5155 004B R5155 004C R5155 004D R5155 005 R5155 007 R5155 017 R5155 018 R5155 105 R5155 106 R5155 107 R5155 108 R5155 109 R5155 110 R5155 111 R5155 112 R5155 113 R5155 114 R5155 115 R5155 116 R5155 117 R5155 118 R5155 119 R5155 120 R5155 121 R5155 122 R5155 123 R5155 124 R5155 125 R5155 126 R5155 127 R5155 128 R5155 129 R5155 130 R5155 131 R5155 132 R5155 133 R5155 134 R5155 135 R5155 136 R5155 137 R5155 138 R5155 139 R5155 140 R5155 141 R5155 142 R5155 143 R5155 144 R5155 145 R5155 146 R5155 147 R5155 148 R5155 149 R5155 150 R5155 151 R5155 152 R5155 153 R5155 154 R5155 155 R5155 156 R5155 157 R5155 158 3602 R5155 159 R5155 160 R5155 161 R5155 162 R5155 163 R5155 165 R5155 167 R5155 168 R5155 169 R5155 170 R5155 171 R5155 172 R5155 173 R5155 174 R5155 175 R5155 176 R5155 177 R5155 178 R5155 179 R5155 180 R5155 181 R5155 182 R5155 183 R5155 184 R5155 185 R5155 186 R5155 187 R5155 188 R5155 189 R5155 190 R5155 191 R5155 192 R5155 193 R5155 194 R5155 195 R5155 196 R5155 197 R5155 198 R5155 199 R5155 200 R5155 201 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II R5155 202 R5155 203 R5155 204 R5155 205 R5155 206 R5155 207 R5155 208 R5155 209 R5155 210 R5155 211 R5155 212 R5155 213 R5155 214 R5155 215 R5155 216 R5155 217 R5155 218 R5155 219 R5155 220 R5155 221 R5155 222 R5155 223 R5155 225 R5155 226 R5155 227 R5155 228 R5155 229 R5155 230 R5155 231 R5155 232 R5155 233 R5155 234 R5155 235 R5155 236 R5155 237 R5155 238 R5155 239 R5155 240 R5155 241 R5155 242 R5155 243 R5155 244 R5155 245 R5155 246 R5155 247 R5155 248 R5155 249 R5155 250 R5155 251 R5155 252 R5155 253 R5155 254 R5155 255 R5155 256 R5155 257 R5155 259 R5155 261 R5155 262 R5155 264 R5155 271 R5155 326 R5155 327 R5155 363 GEORGIA LAWS 2011 SESSION 3603 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the Regular 2011 Session of the General Assembly of Georgia a Bill to amend an Act entitled "An Act to Incorporate the town of Trip" approved December 16, 1901 (Ga. L. 1901, p. 662), as amended particularly by an Act to change the name to Grayson enacted December 17, 1902 (Ga. L. 1902, p. 442), to provide for a New City Charter for the City of Grayson and for other purposes. This 20th day of December, 2010. Mayor and Council City of Grayson, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Len Walker, who on oath deposes and says that he is the Representative from District 107 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily Post which is the official organ of Gwinnett County on January 6, 2011, and that the notice requirements of Code Section 28-1-14 have been met. s/ LEN WALKER Len Walker Representative, District 107 Sworn to and subscribed before me, this 8th day of February 2011. s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL) Approved April 20, 2011. __________ 3604 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II JACKSON COUNTY COMMUNITY IMPROVEMENT DISTRICTS; CREATION. No. 15 (House Bill No. 251). AN ACT To provide for the creation of one or more community improvement districts in Jackson County; to provide for a short title; to provide for the purposes of the said districts; to provide for definitions; to provide for boards to administer said districts; to provide for appointment or election of members of said boards; to provide for taxes, fees, and assessments; to provide for the boundaries of said districts; to provide for the debt of said districts; to provide for cooperation with local governments; to provide for powers of said boards; to provide for general obligation bonds, notes, and other obligations of said districts; to provide for the form of bonds, provisions for exchange and transfer, certificates of validation, specification of interest rates in notice to the district attorney or the Attorney General, and in notice of validation hearing, etc., and definition of terms "cost of the project" or "cost of any project" as used in bond resolutions, etc.; to provide for authorized contents of agreements and instruments of the boards generally, use of proceeds of sale of bonds, notes, etc., and subsequent issue of bonds, notes, etc.; to provide for construction; to provide that Chapter 5 of Title 10 of the O.C.G.A., the "Georgia Securities Act of 1973" shall not apply to the offer, sale, or issuance of the boards' bonds, notes, or other obligations; to provide that no notice, proceeding, publication, or referendum shall be required; to provide for dissolutions; to provide the procedures connected with all of the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Short title. This Act shall be referred to as the "Jackson County Community Improvement Districts Act." SECTION 2. Purpose. The purpose of this Act shall be to provide for the creation of one or more community improvement districts within Jackson County and within each municipality therein, and such districts shall be created for the provision of such of the following governmental services and facilities as may be provided for in the resolution activating each district created by this Act or any supplemental resolution amending same: GEORGIA LAWS 2011 SESSION 3605 (1) Street and road construction and maintenance, including curbs, sidewa1ks, street lights, and devices to control the flow of traffic on streets and roads; (2) Parks and recreational areas and facilities; (3) Storm-water and sewage collection and disposal systems; (4) Development, storage, treatment, purification, and distribution of water; (5) Public transportation including, but not limited to, services intended to reduce the volume of traffic or to transport two or more persons in common vehicles or conveyances; (6) Terminal and dock facilities and parking facilities; and (7) Such other services and facilities as may be provided for by general law. SECTION 3. Definitions. As used herein, the term: (1) "Agricultural" means the growing of crops for sale or raising of animals for sale or use, including the growing of field crops, fruit or nut trees, the raising of livestock or poultry, and the operation of dairies, horse-boarding facilities, and riding stables. (2) "Board" means the governing body created for the governance of each community improvement district herein authorized. (3) "Bonds," or "general obligation bonds" means any bonds of a district which are authorized to be issued under the Constitution and laws of Georgia, including refunding bonds but not including notes or other obligations of a district. (4) "Caucus of electors" means for each district the meeting of electors hereinafter provided for at which the elected board members of the district are elected. A quorum at such caucus shall consist of those electors present, and a majority of those present and voting is necessary to elect board members. No proxy votes may be cast. (5) "Cost of the project" or "cost of any project" means and includes: (A) All costs of acquisition (by purchase or otherwise), construction, assembly, installation, modification, renovation, or rehabilitation incurred in connection with any project or any part of any project; (B) All costs of real property, fixtures, or personal property used in or in connection with or necessary for any project or for any facilities related thereto, including, but not limited to, the cost of all land, estates for years, easements, rights, improvements, water rights, connections for utility services, fees, franchises, permits, approvals, licenses, and certificates; the cost of securing any such franchises, permits, approvals, licenses, or certificates; and the cost of preparation of any application therefor and the cost of all fixtures, machinery, equipment (including all transportation equipment and rolling stock), furniture, and other property used in or in connection with or necessary for any project; (C) All financing charges and loan fees and all interest on bonds, notes, or other obligations of a district which accrue or are paid prior to and during the period of 3606 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II construction of a project and during such additional period as the board may reasonably determine to be necessary to place such project in operation; (D) All costs of engineering, surveying, and architectural and legal services and all expenses incurred by engineers, surveyors, architects, and attorneys in connection with any project; (E) All expenses for inspection of any project; (F) All fees of fiscal agents, paying agents, and trustees for bondholders under any trust agreement, indenture of trust, or similar instrument or agreement; all expenses incurred by any such fiscal agents, paying agents, and trustees; and all other costs and expenses incurred relative to the issuance of any bonds, notes, or other obligations for any projects; (G) All expenses of or incidental to determining the feasibility or practicability of any project; (H) All costs of plans and specifications for any project; (I) All costs of title insurance and examinations of title with respect to any project; (J) Repayment of any loans made for the advance payment of any part of any of the foregoing costs, including interest thereon and any other expenses of such loans; (K) Administrative expenses of the board and such other expenses as may be necessary or incidental to any project or the financing thereof or the placing of any project in operation; and (L) The establishment of a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve or such other funds or reserves as the board may approve with respect to the financing and operation of any project and as may be authorized by any bond resolution, trust agreement, indenture of trust, or similar instrument or agreement pursuant to the provisions of which the issuance of any bonds, notes, or other obligations of the district may be authorized. Any cost, obligation, or expense incurred for any of the foregoing purposes shall be a part of the cost of the project and may be paid or reimbursed as such out of proceeds of bonds, notes, or other obligations issued by the district. (6) "District" means the geographical area designated as such by the resolution of the governing body or consenting to the creation of the community improvement district or as thereafter modified by any subsequent resolution of the governing body or bodies within which the district is or is to be located, or a body corporate and politic being a community improvement district created and activated pursuant thereto, as the context requires or permits. (7) "Electors" means the owners of real property within the district which is then subject to taxes, fees, and assessments levied by the board, as appear on the most recent ad valorem real property tax return records of Jackson County, or one officer or director of a corporate elector, one trustee of a trust which is an elector, one partner of a partnership elector, or one designated representative of an elector whose designation is made in writing. An owner of property subject to taxes, fees, or assessments levied by the board shall have one vote for an election based on numerical majority, and one vote for each $1,000.00 (or fraction GEORGIA LAWS 2011 SESSION 3607 thereof) in assessed value of the owner's property for an election based on value majority. An owner of multiple parcels has one vote, not one vote per parcel, for an election based on numerical majority, and one vote for each $1,000.00 (or fraction thereof) in assessed value of the aggregate of the owner's properties subject to taxes, fees, or assessments levied by the board, for an election based on value majority. Multiple owners of one parcel have one vote for elections based on numerical majority, and one vote for each $1,000.00 (or fraction thereof) in assessed value of the owner's property for elections based on value majority, which must be cast by one of their number who is designated in writing. (8) "Equitably apportioned among the properties subject to such taxes, fees, and assessments according to the need for governmental services and facilities created by the degree of density of development of each such property," with reference to taxes, fees, and assessments levied by the board, means that the burden of the taxes, fees, and assessments shall be apportioned among the properties subject thereto based upon the values established in the most recent ad valorem tax reassessment of such properties certified by the chairperson of the Jackson County Board of Tax Assessors or may be apportioned among the properties subject thereto in direct or approximate proportion to the receipt of services or benefit derived from the improvements or other activities for which the taxes, fees, or assessments are to be expended or may be apportioned in any other manner or combination of manners deemed equitable by the board, including, but not limited to, the recognition of differential benefit which may reasonably be expected to accrue to new land development in contrast to lands and improvement already in existence at the time of creation of the community improvement district. (9) "Forestry" means the planting and growing of trees for sale in a program which includes reforestation of harvested trees, regular underbrush and undesirable growth cleaning, fertilizing, pruning, thinning, cruising, and marking which indicate an active tree-farming operation; it does not include the casual growing of trees on land otherwise idle or held for investment, even though some harvesting of trees may occur thereon. (10) "Hereby," "herein," "hereinafter," and "herewith" have the meanings generally ascribed to these words. (11) "Project" means the acquisition, construction, installation, modification, renovation, or rehabilitation of land, interests in land, buildings, structures, facilities, or other improvements located or to be located within the district or in another community improvement district immediately adjoining the district as to directly benefit the district, such benefit to be determined by the board, and the acquisition, installation, modification, renovation, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, for all the essential public purposes set forth in Section 2 of this Act. (12) "Property owner" or "owner of real property" means any entity or person shown as a taxpayer for one or more parcels of real estate on the most recent ad valorem tax records of Jackson County within the district as certified by the Jackson County Tax 3608 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II Commissioner. Multiple owners of one parcel shall constitute one property owner and shall designate in writing one of their number to represent the whole. (13) "Property used nonresidentially" means property or any portion thereof used for neighborhood shopping, planned shopping center, general commercial, transient lodging facilities, tourist services, office or institutional, office services, light industry, heavy industry, central business district, parking, or other commercial or business use, as well as vacant land zoned or approved for any of the uses listed in this paragraph. (14) "Taxpayer" means any entity or person paying ad valorem taxes on real property, whether one or more parcels of property within the district. Multiple owners of one parcel shall constitute one taxpayer and shall designate in writing one of their number to represent the whole. SECTION 4. Creation. Pursuant to Article IX, Section VII of the Constitution of the State of Georgia, there is created one or more community improvement districts to be located in Jackson County, Georgia, either wholly within the unincorporated area thereof, or wholly within any municipality therein, or partly within one or more municipalities and partly within the unincorporated area thereof, each of which shall be activated upon compliance with the conditions provided in this Act and which shall be governed by a board as constituted pursuant to this Act. The conditions for such activation shall be: (1) The adoption of a resolution consenting to the creation of each community improvement district by: (A) The Jackson County Board of Commissioners if the district is located wholly within the unincorporated area of Jackson County, which resolution shall impose such conditions on the projects and activities which may be undertaken as will ensure their compatibility with adopted county policies and planning for the area; (B) The governing authority of the municipality if the district is located wholly within the incorporated area of a municipality; or (C) The governing authorities of Jackson County and any municipality in which the district is partially located if it is partially located within the unincorporated area of Jackson County and partly within the incorporated area of any municipality; and (2) Written consent to the creation of the community improvement district by: (A) A majority of the owners of real property within the district which will be subject to taxes, fees, and assessments levied by the board of the district; (B) The owners of real property within the district which constitutes at least 75 percent by value of all real property within the district which will be subject to taxes, fees, and assessments levied by the board and for this purpose value shall be determined by the most recent approved county ad valorem tax digest; and GEORGIA LAWS 2011 SESSION 3609 (C) The written consent provided for in this paragraph shall be submitted to the Jackson County Tax Commissioner who shall certify whether subparagraphs (A) and (B) of this paragraph have been satisfied with respect to each such proposed district. No district or board created under this Act shall transact any business or exercise any powers under this Act until the conditions of this paragraph are met. A copy of such resolutions shall be filed with the Secretary of State who shall maintain a record of all districts activated under this Act and a second copy shall be filed with the Department of Community Affairs. SECTION 5. Administration, appointment, and election of board members. (a) Each district created pursuant to this Act shall be administered by a board composed of a minimum of seven members to be appointed and elected as provided in this section. Two board members shall be appointed by the Jackson County Board of Commissioners, one board member shall be appointed by the governing authority of each municipality within which any portion of the district lies, and the remaining board members shall be elected by the owners of real property within the district subject to taxes, fees, and assessments levied by the board. The board shall be seven in number plus one member appointed by the governing authority of each municipality as provided above. The appointed board members shall serve at the pleasure of the governing body which appointed same, respectively. The initial elected board members shall serve for terms of office as follows: two shall serve for two years, and the remaining board members shall serve for four years. Thereafter, all terms of office shall be for four years, except the appointed members who serve at the pleasure of the governing body which appointed them. (b) The initial board members to be elected as provided in this Act shall be elected in a caucus of electors, which shall be held within 60 days after the adoption of the resolutions and obtaining the written consents provided for in this Act at such time and place within the district as the Jackson County Board of Commissioners shall designate after notice thereof shall have been given to said electors by: (1) Publishing same in the legal organ of Jackson County as provided in this Act; and (2) Contacting each elector by United States Mail at the address indicated in the property tax rolls. Thereafter, there shall be conducted biennially, not later than 60 days following the last day for filing ad valorem property tax returns in Jackson County, a caucus of said electors at such time and place within the district as the board shall designate in such notice for the purpose of electing board members to those positions which have terms expiring or are vacant. If a vacancy occurs in an elected position on the board, the board shall, within 60 days thereafter, call a special election to fill the same to be held within 60 days of the call unless such vacancy occurs within 180 days of the next regularly scheduled election, in which case a special election may, but need not, be called. For any election held under the provisions of this Act, notice of said election shall be given the electors by: 3610 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II (1) Publishing notice thereof in the legal organ of Jackson County on four dates at least 45 days, 31 days, 17 days, and ten days, respectively, prior to such election; and (2) Contacting each elector at least 31 days prior to such election by United States Mail at the address indicated in the property tax rolls. (c) One board member shall be elected by majority vote of the electors present and voting at the caucus on the basis of one vote for each elector. Said board member shall be elected to a term of office of two years at the initial caucus of electors when the board is first formed and to terms of office of four years thereafter. Four board members shall be elected by majority of the votes cast by the electors present and voting at the caucus, with each elector having one vote for each $1,000.00 or fraction thereof in assessed value of the property owned by the elector subject to taxes, fees, or assessments levied by the board. All vacancies to be filled through election shall be filled by majority vote in the same manner as the board member previously holding the seat. (d) The elected board members shall be subject to recall as any other elected public official by the electors defined in this Act. (e) Board members, including appointed board members, shall be electors within the district. If a board member ceases to be an elector, such board member's position shall be declared vacant as of the date of the event terminating such status. (f) The board members shall receive no compensation for their services but shall be reimbursed for actual expenses incurred in the performance of their duties. They shall elect one of their members as chairperson and another as vice chairperson and shall also elect a secretary and a treasurer or a secretary-treasurer, either of whom may, but need not be, a member of the board. SECTION 6. Taxes, fees, and assessments. (a) The board may levy taxes, fees, and assessments within the district only on real property, specifically excluding all property exempt from ad valorem taxation under the Constitution or laws of the State of Georgia and all property used for residential, agricultural, or forestry purposes and specifically excluding tangible personal property and intangible property. Any tax, fee, or assessment so levied shall not exceed 2 1/2 percent of the aggregate assessed value of all such real property. The taxes, fees, and assessments levied by the board upon the properties shall be equitably apportioned among the properties according to the need for governmental services and facilities created by the degree of density of development within the district and not for the purpose of providing those governmental services and facilities provided to the county or municipality as a whole. Any tax, fee, or assessment so levied shall be collected by Jackson County in the same manner as taxes, fees, and assessments are levied by the county. Delinquent taxes shall bear the same interest and penalties as Jackson County ad valorem taxes and may be enforced and collected in the same manner. The proceeds of taxes, fees, and assessments so levied, less a fee to cover the costs of collection GEORGIA LAWS 2011 SESSION 3611 of 1 percent thereof, but not more than $25,000.00 in any one calendar year, shall be transmitted by Jackson County to the board and shall be expended by the board only for the purposes authorized hereby. (b) The board shall levy the above-provided taxes and notify in writing the collecting governing body so it may include the levy on its regular ad valorem tax bills. (c) If a parcel of real property is removed from a district or otherwise would become nontaxable, it shall continue to bear its tax millage then extant upon such event for bonded indebtedness of the district then outstanding until said bonded indebtedness then outstanding is paid or refunded. SECTION 7. Boundaries of the districts. (a) The boundaries of each district shall be as designated as such by the Jackson County Board of Commissioners if wholly within the unincorporated area of Jackson County and such municipalities within which the district may be partially located if partially within the unincorporated area of Jackson County and partially within one or more municipalities, or by the governing authority of a municipality if wholly within the incorporated area thereof, as set forth in the resolutions required in Section 4 of this Act, or as may thereafter be added as provided in this Act. (b) The boundaries of a district may be increased after the initial creation of a district pursuant to the following: (1) Written consent of a majority of the owners of real property within the area sought to be annexed and which will be subject to taxes, fees, and assessments levied by the board of the district is first obtained; (2) Written consent of owners of real property within the area sought to be annexed which constitutes at least 75 percent by value of the property which will be subject to taxes, fees, and assessments levied by the board and for this purpose value shall be determined by the most recent approved county ad valorem tax digest; (3) The adoption of a resolution consenting to the annexation by the board of the district; and (4) The adoption of a resolution consenting to the annexation by the governing authorities of Jackson County, if any portion of the district is or is to be in the unincorporated area of Jackson County, and such municipalities as may have area within the district before or after the annexation. SECTION 8. Debt. Each district may incur debt without regard to the requirements of Article IX, Section V of the Constitution of Georgia, or any other provision of law prohibiting or restricting the 3612 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II borrowing of money or the creation of debt by political subdivisions of the State of Georgia, which debt shall be backed by the full faith, credit, and taxing power of the district, but shall not be an obligation of the State of Georgia or any other unit of government of the State of Georgia other than the district. SECTION 9. Cooperation with local governments. The services and facilities provided pursuant to this Act shall be provided for in a cooperation agreement executed jointly by the board and the governing bodies of Jackson County and any municipalities within which the district is partially located. The provisions of this section shall in no way limit the authority of Jackson County or any such municipality to provide services or facilities within the district; and Jackson County or such municipalities shall retain full and complete authority and control over any of their facilities located within their respective areas of any district. Said control shall include, but not be limited to, the modification of, access to, and degree and type of services provided through or by facilities of the municipality or county. Nothing contained in this section shall be construed to limit or preempt the application of any governmental laws, ordinances, resolutions, or regulations to the district or the services or facilities provided therein. SECTION 10. Board, district powers. (a) Each district and its board created pursuant hereto shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions hereof, including, without limiting the generality of the foregoing, the power: (1) To bring and defend actions; (2) To adopt and amend a corporate seal; (3) To make and execute contracts, agreements, and other instruments necessary or convenient to exercise the powers of the board or to further the public purposes for which the district is created, including, but not limited to, contracts for construction of projects, leases of projects, contracts for sale of projects, agreements for loans to finance projects, contracts with respect to the use of projects, and agreements with other jurisdictions or community improvement districts regarding multijurisdictional projects or services or for other cooperative endeavors to further the public purposes of the district; (4) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character, or any interest therein, in furtherance of the public purposes of the district; (5) To finance by loan, grant, lease, or otherwise and to construct, erect, assemble, purchase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend, improve, install, sell, equip, expand, add to, operate, or manage projects and to pay the cost GEORGIA LAWS 2011 SESSION 3613 of any project from the proceeds of bonds, notes, or other obligations of the district or any other funds of the district, or from any contributions or loans by persons, corporations, partnerships, whether limited or general, or other entities, all of which the board is authorized to receive, accept, and use; (6) To borrow money to further or carry out its public purposes and to execute bonds, notes, other obligations, leases, trust indentures, trust agreements, agreements for the sale of its bonds, notes, or other obligations, loan agreements, security agreements, assignments, and such other agreements or instruments as may be necessary or desirable, in the judgment of the board, to evidence and to provide security for such borrowing; (7) To issue bonds, notes, or other obligations of the district and use the proceeds thereof for the purpose of paying all or any part of the cost of any project and otherwise to further or carry out the public purposes of the district and to pay all costs of the board incidental to, or necessary and appropriate to, furthering or carrying out such purposes; (8) To make application directly or indirectly to any federal, state, county, or municipal government or agency or to any other source, whether public or private, for loans, grants, guarantees, or other financial assistance in furtherance of the district's public purposes and to accept and use the same upon such terms and conditions as are prescribed by such federal, state, county, or municipal government or agency or other source; (9) To enter into agreements with the federal government or any agency thereof to use the facilities or services of the federal government or any agency thereof in order to further or carry out the public purposes of the district; (10) To contract for any period, not exceeding 50 years, with the State of Georgia, state institutions, or a municipal corporation, county, or political subdivision of this state for the use by the district of any facilities or services of the state or any such state institution, municipal corporation, county, or political subdivision of this state, or for the use by any state institution or any municipal corporation, county, or political subdivision of the state of any facilities or services of the district, provided that such contracts shall deal with such activities and transactions as the district and any such political subdivision with which the district contracts are authorized by law to undertake; (11) To receive and use the proceeds of any tax levied by any county or any municipal corporation to pay the costs of any project or for any other purpose for which the board may use its own funds pursuant hereto; (12) To receive and administer gifts, grants, and devises of money and property of any kind and to administer trusts; (13) To use any real property, personal property, or fixtures or any interest therein or to rent or lease such property to or from others or make contracts with respect to the use thereof or to sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant options for any such property in any manner as it deems to be to the best advantage of the district and the public purposes thereof; 3614 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II (14) To appoint, select, and employ engineers, surveyors, architects, urban or city planners, fiscal agents, attorneys, and others and to fix their compensation and pay their expenses; (15) To encourage and promote the improvement and development of the district and to make, contract for, or otherwise cause to be made long-range plans or proposals for the district in cooperation with Jackson County and any municipal corporations in which the district is wholly or partially located; (16) To adopt bylaws governing the conduct of business by the board, the election and duties of officers of the board, and other matters which the board determines to deal with in its bylaws; (17) To exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purposes of the district; and (18) To do all things necessary or convenient to carry out the powers conferred hereby. (b) The powers enumerated in each paragraph of this section are cumulative of and in addition to those powers enumerated herein and elsewhere in this Act; and no such power limits or restricts any other power of the board. SECTION 11. Bonds - generally. (a) Notes or other obligations issued by a district, other than general obligation bonds, shall be paid solely from the property pledged to pay such notes or other obligations. General obligation bonds issued by any district shall constitute a general obligation of the district to the repayment of which the full faith, credit, and taxing power of the district shall be pledged. (b) All bonds, notes, and other obligations of any district shall be authorized by resolution of its board. (c) Bonds, notes, or other obligations shall bear such date or dates, shall mature at such time or times but not more than 40 years from their respective dates, shall bear interest at such rate or rates which may be fixed or may fluctuate or otherwise change from time to time, shall be subject to redemption on such terms, and shall contain such other terms, provisions, covenants, assignments, and conditions as the resolution authorizing the issuance of such bonds, notes, or other obligations may permit or provide. The terms, provisions, covenants, assignments, and conditions contained in or provided or permitted by any resolution of the board authorizing the issuance of such bonds, notes, or other obligations shall bind the board members of the district then in office and their successors. (d) The board shall have power from time to time and whenever it deems it expedient to refund any bonds by the issuance of new bonds, whether or not the bonds to be refunded have matured, and may issue bonds partly to refund bonds then outstanding and partly for any other purpose permitted hereunder. The refunding bonds may be exchanged for the bonds to be refunded, with such cash adjustments as may be agreed upon, or may be sold and the proceeds applied to the purchase or redemption of the bonds to be refunded. GEORGIA LAWS 2011 SESSION 3615 (e) There shall be no limitation upon the interest rates of any maximum interest rate or rates on any bonds, notes, or other obligations of the district; and the usury laws of this state shall not apply to bonds, notes, or other obligations of these districts. (f) Bonds issued by a district may be in such form, either coupon or fully registered, or both coupon and fully registered, and may be subject to such exchangeability and transferability provisions as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide. (g) Bonds shall bear a certificate of validation. The signature of the clerk of the Superior Court of Jackson County may be made on the certificate of validation of such bonds by facsimile or by manual execution, stating the date on which such bonds were validated; and such entry shall be original evidence in any court in this state. (h) In lieu of specifying the rate or rates of interest which such bonds are to bear, and the principal amount and maturities of such said bonds, the notice to the district attorney or the Attorney General, the notice to the public of the time, place, and date of the validation hearing, and the petition and complaint for validation may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest, which may be fixed or may fluctuate or otherwise change from time to time, and that the principal amount will not exceed and the final maturity date will not be later than as specified in such notices and petition and complaint or may state that, in the event the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate, which may be fixed or may fluctuate or otherwise change from time to time, so specified; provided, however, that nothing in this section shall be construed as prohibiting or restricting the right of a board to sell such bonds at a discount, even if in doing so the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint. (i) The terms "cost of the project" and "cost of any project" shall have the meaning prescribed herein whenever those terms are referred to in bond resolutions of a board, in bonds, notes, or other obligations of the districts, or in notices of proceedings to validate such bonds, notes, or other obligations of a district. SECTION 12. Authorized contents of agreements and instruments of the board generally; use of proceeds of sale of bonds, notes, etc.; subsequent issues of bonds, notes, etc. (a) Subject to the limitations and procedures provided by this section and Section 11 of this Act, the agreements or instruments executed by a board may contain such provisions not inconsistent with law as shall be determined by such board. (b) The proceeds derived from the sale of all bonds, notes, and other obligations issued by a district shall be held and used for the ultimate purpose of paying, directly or indirectly as permitted herein, all or part of the cost of any project, or for the purpose of refunding any bonds, notes, or other obligations issued in accordance hereunder. 3616 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II (c) Issuance by a board of one or more series of bonds, notes, or other obligations for one or more purposes shall not preclude it from issuing other bonds, notes, or other obligations in connection with the same project or with any other project; but the proceeding wherein any subsequent bonds, notes, or other obligations are issued shall recognize and protect any prior loan agreement, security agreement, or other agreement or instrument made for any prior issue of bonds, notes, or other obligations, unless in the resolution authorizing such prior issue the right is expressly reserved to the board to issue subsequent bonds, notes, or other obligations on a parity with such prior issue. SECTION 13. Construction; applicability of Chapter 5 of Title 10 of the O.C.G.A., the "Georgia Securities Act of 1973"; notice, proceeding, publication, referendum. This Act shall be liberally construed to effect the purposes hereof. The offer, sale, or issuance of bonds, notes, or other obligations by a district shall not be subject to regulation under Chapter 5 of Title 10 of the O.C.G.A., the "Georgia Securities Act of 1973." No notice, proceeding, or publication, except those required hereby, shall be necessary to the performance of any act authorized hereby, nor shall any such act be subject to referendum. SECTION 14. Dissolution. (a) Any district activated under the provisions of this Act may be dissolved. The conditions for such dissolution shall be: (1) The adoption of a resolution approving of the dissolution of each community improvement district by the Jackson County Board of Commissioners if wholly within the unincorporated area of Jackson County and such municipalities within which the district may be located if partially within the unincorporated area of Jackson County and partially within one or more municipalities, or by the governing authority of a municipality if wholly within the incorporated area thereof; and (2) The written consent to the dissolution of the community improvement district by: (A) Two-thirds (67 percent) of the owners of real property within the district which are subject to taxes, fees, and assessments levied by the board of the district; and (B) The owners of real property constituting at least 75 percent by value of all real property within the district which are to be subject to taxes, fees, and assessments levied by the board and for this purpose value shall be determined by the most recent approved county ad valorem tax digest. The written consent provided for in this paragraph shall be submitted to the Jackson County Tax Commissioner, who shall certify whether subparagraphs (A) and (B) of this paragraph have been satisfied with respect to each proposed district dissolution. GEORGIA LAWS 2011 SESSION 3617 (b) At the official caucus of electors at which board members are to be elected in the sixth year following creation of the district, and every sixth year thereafter, the question shall be put to the electors present to dissolve the community improvement district. Upon an affirmative vote of a majority of the electors present and voting, who shall represent at least 75 percent of the votes cast on the basis of value, the board shall send a ballot to each owner of property subject to taxes, fees, and assessments levied by the board for a vote on the dissolution. Upon receipt of ballots consenting to the dissolution from a majority of the property owners, who shall represent at least 75 percent of the assessed value of said properties, the board shall request dissolution by the governing authority and shall forward said ballots to the Jackson County Tax Commissioner for certification. (c) In the event that successful action is taken pursuant to this section to dissolve the district, the dissolution shall become effective at such time as all debt obligations of the district have been satisfied. Following a successful dissolution action and until the dissolution becomes effective, no new projects may be undertaken, obligations or debts incurred, or property acquired. (d) Upon a successful dissolution action, all noncash assets of the district other than public facilities or land or easements to be used for such public facilities, as described in Section 2 of this Act, shall be reduced to cash and, along with all other cash on hand, shall be applied to the repayment of any debt or other obligations of the district. Any cash remaining after all outstanding obligations are satisfied shall be refunded to each property owner in direct proportion to the total amount in taxes, fees, or assessments paid by the property relative to the total revenues paid by all properties in the district. (e) When a dissolution becomes effective, the county governing authority, or the governing authority of a municipality if wholly within the incorporated area thereof, shall take title to all property previously in the ownership of the district and all taxes, fees, and assessments of the district shall cease to be levied and collected. (f) A district may be reactivated in the same manner as an original activation. SECTION 15. Repealer. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2011 session of the General Assembly of Georgia a bill to provide for the creation of one or more community improvement districts in Jackson County; to provide for a short title; to provide for the purposes of said districts; to provide for definitions; to provide for boards to administer said districts; to provide for appointment or election of members of said boards; to provide for 3618 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II taxes, fees and assessments; to provide for the boundaries of said districts; to provide for the debt of said districts; to provide for cooperation with local governments; to provide for powers of said boards; to provide for general obligation bonds, notes, and other obligations of said districts; to provide for the form of bonds, provisions for exchange and transfer, certificates of validation, specification of interest rates in notice to the district attorney or the Attorney General, and in notice of validation hearing, etc., and definition of terms "cost of the project" or "cost of any project" as used in bond resolutions, etc.; to provide for authorized contents of agreements and instruments of the boards generally, use of proceeds of sale of bonds, notes, etc., and subsequent issue of bonds, notes, etc., to provide for construction; to provide that Chapter 5 of Title 10 of the O.C.G.A., the "Georgia Securities Act of 1973" shall not apply to the offer, sale, or issuance of the boards' bonds, notes, or obligations; to provide that no notice, proceeding, publication, or referendum shall be required; to provide for dissolutions; to provide the procedures connected with all of the foregoing; and for other purposes. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommy Benton, who on oath deposes and says that he is the Representative from District 31 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Jackson Herald which is the official organ of Jackson County on February 2, 2011, 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 15th day of February 2011. s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL) Approved April 20, 2011. __________ GEORGIA LAWS 2011 SESSION 3619 PUTNAM COUNTY BOARD OF COMMISSIONERS; COMPENSATION. No. 16 (House Bill No. 300). AN ACT To amend an Act creating the Board of Commissioners of Putnam County, approved September 8, 1879 (Ga. L. 1879, p. 334), as amended, particularly by an Act approved February 13, 1957 (Ga. L. 1957, p. 2130), an Act approved April 11, 1979 (Ga. L. 1979, p. 3496), an Act approved March 30, 1987 (Ga. L. 1987, p. 4819), an Act approved March 30, 1993 (Ga. L. 1993, p. 4410), and an Act approved April 1, 1996 (Ga. L. 1996, p. 3804), so as to provide for certain compensation of the members of the board; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating the Board of Commissioners of Putnam County, approved September 8, 1879 (Ga. L. 1879, p. 334), as amended, particularly by an Act approved February 13, 1957 (Ga. L. 1957, p. 2130), an Act approved April 11, 1979 (Ga. L. 1979, p. 3496), an Act approved March 30, 1987 (Ga. L. 1987, p. 4819), an Act approved March 30, 1993 (Ga. L. 1993, p. 4410), and an Act approved April 1, 1996 (Ga. L. 1996, p. 3804), is amended by revising the first unnumbered paragraph of the 1957 amendatory Act, as amended, as follows: "Be it further enacted by the authority aforesaid that the chairperson of the Board of Commissioners of Putnam County shall receive a salary of $750.00 per month. The other members of said board shall receive a salary of $650.00 per month. They shall receive no other compensation or per diem, except that the chairperson and members of said board shall receive $50.00 per diem subsistence for each day each is required by the duties of his or her office to be out of Putnam County on official business for the county by approval of a majority of the members of said board and shall receive $100.00 per month local mileage allowance; and in addition thereto, each member furnishing transportation out of the county on such official business shall receive the current mileage rate paid by the state or federal government per mile traveled. The salaries and compensation shall be in lieu of any other salary, per diem, or compensation except for those health, retirement, and deferred compensation benefits currently in place and being paid to the commissioners and those salary adjustments authorized by Code Section 36-5-27 of the O.C.G.A. (Training), Code Section 36-5-28 of the O.C.G.A. (COLA), and Code Section 36-5-29 of the O.C.G.A. (Longevity). Any loss of compensation or benefits to the members of the board of commissioners as the result of a temporary discontinuance of said compensation or benefits 3620 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II for any reason shall be paid retroactively on the first day of the second month following passage of this Act." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. PUTNAM COUNTY BOARD OF COMMISSIONERS 108 South Madison Avenue, Suite 300 Eatonton, Georgia 31024 706-485-5826 www.putnamcounty.ga.us NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2011 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Putnam County, approved September 8, 1879 (Ga. L. 1879, p. 334), as amended, particularly by an Act approved February 13, 1957 (Ga. L. 1957, p. 2130), an Act approved April 11, 1979 (Ga. L. 1979 p 3496), an Act approved March 30, 1987 (Ga. L. 1987, p 4819), an Act approved March 30, 1993 (Ga. L. 1993, p. 4410), and an Act approved April 1, 1996 (Ga. L. 1996, p. 3804), so as to provide for certain compensation of the members of the board, to provide for related matters; to repeal conflicting laws; and for other purposes. This 3rd day of February, 2011 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 Feburary 3, 2011, and that the notice requirements of Code Section 28-1-14 have been met. s/ MICKEY CHANNELL Mickey Channell Representative, District 116 GEORGIA LAWS 2011 SESSION 3621 Sworn to and subscribed before me, this 7th day of February 2011. s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL) Approved April 20, 2011. __________ CITY OF DORAVILLE TAX LEVIES; ELECTIONS; NOTICES OF CANDIDACY. No. 17 (House Bill No. 335). AN ACT To amend an Act reincorporating the City of Doraville in the County of DeKalb, approved October 13, 1971 (Ga. L. 1971, Ex. Sess., p. 2154), as amended, so as to change certain provisions relating to tax levies; to change certain provisions relating to elections; to change certain provisions relating to notice of candidacy; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act reincorporating the City of Doraville in the County of DeKalb, approved October 13, 1971 (Ga. L. 1971, Ex. Sess., p. 2154), as amended, is amended by revising Section 4.03 as follows: "SECTION 4.03. Tax levy. Be it further enacted that the 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 purposes of raising revenues to defray the costs of operating the city government, providing governmental services, and for other public purposes as determined by the council in its discretion. The council is also authorized to provide for sufficient levy to pay principal and interest on general obligations. Said ad valorem tax levy, except such as may be made for bonded indebtedness, shall not exceed ten mills." 3622 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 2. Said Act is further amended by revising Section 5.01 as follows: "SECTION 5.01. Regular elections; time for holding and taking office. Be it further enacted, that except as otherwise provided in this charter, the regular election for mayor and councilmen, or for councilmen as the case may be, shall be held on the Tuesday next following the first Monday in November in each odd-numbered year and terms shall be staggered as hereinafter provided. Runoff elections, if required, shall be held in accordance with O.C.G.A. Code Section 21-2-501 and any amendment thereto. Officials elected at any regular election shall take office on the first day of January next following such election." SECTION 3. Said Act is further amended by revising Section 5.02 as follows: "SECTION 5.02. Notice of candidacy. Be it further enacted that any person desiring to become a candidate in any regular election shall file written notice of his or her candidacy with the municipal superintendent pursuant to O.C.G.A. Code Section 21-2-132 and any amendment thereto. Each municipal superintendent shall designate the days of the qualifying period, which shall be no less than three days and no more than five 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. A qualifying fee of 3 percent of the total gross salary of the office paid in the preceding calendar year pursuant to O.C.G.A. Code Section 21-2-131 and any amendment thereto shall be paid by each candidate in a regular or special election at the time his or her notice of candidacy is filed." SECTION 4. All laws and parts of laws in conflict with this Act are repealed. GEORGIA LAWS 2011 SESSION 3623 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2011 session of the General Assembly of Georgia a bill to amend an Act reincorporating the City of Doraville in the County of DeKalb, approved October 13, 1971 (Ga. L. 1971, Ex. Sess., p. 2154), as amended; and for other purposes. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Elena Parent, who on oath deposes and says that she is the Representative from District 81 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Champion which is the official organ of DeKalb County on February 17, 2011, and that the notice requirements of Code Section 28-1-14 have been met. s/ ELENA PARENT Elena Parent Representative, District 81 Sworn to and subscribed before me, this 22nd of February 2011. s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL) Approved April 20, 2011. __________ BURKE COUNTY BOARD OF COMMISSIONERS; STAGGERED TERMS. No. 18 (House Bill No. 358). AN ACT To amend an Act entitled "An Act creating the board of commissioners of Burke County," approved August 21, 1911 (Ga. L. 1911, p. 390), as amended, particularly by an Act approved March 14, 1983 (Ga. L. 1983, p. 3804), so as to provide for staggered terms for the 3624 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II members of such board of commissioners; 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act entitled "An Act creating the board of commissioners of Burke County," approved August 21, 1911 (Ga. L. 1911, p. 390), as amended, particularly by an Act approved March 14, 1983 (Ga. L. 1983, p. 3804), is amended by revising subsection (a) of Section 1 as follows: "(a) There shall be a board of commissioners of Burke County, which shall consist of five members. The terms of the members in office on the effective date of this section shall expire on December 31, 2012, as provided in such Act, as amended. The successors to the commissioners elected from commissioner districts 2 and 4 shall be elected at the general election held in 2012 for terms of two years and until their successors are duly elected and qualified. The successors of the commissioners so elected shall be elected quadrennially thereafter for terms of four years. The commissioners elected from commissioner districts 1, 3, and 5 shall be elected at the general election held in 2012 for terms of four years and until their successors are duly elected and qualified. The successors of the commissioners so elected shall be elected quadrennially thereafter for terms of four years." SECTION 2. The governing authority of Burke County shall cause, through its legal counsel, this Act to be submitted for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended, within 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval. SECTION 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 2011 session of the General Assembly of Georgia a bill to amend an Act entitled "An Act Creating the Board of Commissioners of Burke County," approved August 21, 1911 (Ga. L. 1911, p 390), as amended; and for other purposes. Representative Gloria Frazier District 123 GEORGIA LAWS 2011 SESSION 3625 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gloria Frazier, who on oath deposes and says that she is the Representative from District 123 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the True Citizen which is the official organ of Burke County on February 2, 2011, and that the notice requirements of Code Section 28-1-14 have been met. s/ GLORIA FRAZIER Gloria Frazier Representative, District 123 Sworn to and subscribed before me, this 22nd say of February 2011. s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL) Approved April 20, 2011. __________ MONTGOMERY COUNTY BOARD OF COMMISSIONERS; STAGGERED TERMS. No. 19 (House Bill No. 375). AN ACT To amend an Act creating the Montgomery County Board of Commissioners approved February 27, 1953 (Ga. L. 1953, p. 2729), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4115), so as to provide for staggering of terms of office for commission districts; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 3626 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 1. An Act creating the Montgomery County Board of Commissioners approved February 27, 1953 (Ga. L. 1953, p. 2729), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4115), is amended by revising Section 5 as follows: "SECTION 5. Members of the board representing Commissioner Districts 1, 2, and 3 shall be elected at the November general election in 2012, take office the first day of January immediately following that election, and serve for initial terms of office of four years and until their respective successors are elected and qualified. Members of the board representing Commissioner Districts 4 and 5 shall be elected at the November general election in 2012, take office the first day of January immediately following that election, and serve for initial terms of office of two years and until their respective successors are elected and qualified. All future successors to members of the board whose terms of office are to expire shall be elected at the November general election immediately preceding the expiration of such terms, take office the first day of January immediately following that election, and serve for terms of office of four years and until their respective successors are elected and qualified." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2011 session of the General Assembly of Georgia a bill to amend an Act creating the Montgomery County Board of Commissioners approved February 27, 1953 (Ga. L. 1953 p. 2729), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4115), so as to provide for staggering of terms of office for commissioner districts; to provide for related matters, to repeal conflicting laws; and for other purposes. Representative Greg Morris District 155 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Greg Morris, who on oath deposes and says that he is the Representative from District 155 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Montgomery Monitor which is the official organ of GEORGIA LAWS 2011 SESSION 3627 Montgomery County on February 16, 2011, and that the notice requirements of Code Section 28-1-14 have been met. s/ GREG MORRIS Greg Morris Representative, District 155 Sworn to and subscribed before me, this 23rd day of February 2011. s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL) Approved April 20, 2011. __________ CITY OF MONTICELLO MUNICIPAL ELECTIONS; MAYOR AND COUNCIL; STAGGERED TERMS. No. 20 (House Bill No. 391). AN ACT To amend an Act repealing an Act incorporating the City of Monticello and granting a new charter to the City of Monticello, approved March 10, 1959 (Ga. L. 1959, p. 2683), as amended, particularly by an Act approved March 12, 1984 (Ga. L. 1984, p. 3779), so as to provide for municipal elections; to provide for terms for the mayor and council; to provide for staggering of such terms; 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 repealing an Act incorporating the City of Monticello and granting a new charter to the City of Monticello, approved March 10, 1959 (Ga. L. 1959, p. 2683), as amended, particularly by an Act approved March 12, 1984 (Ga. L. 1984, p. 3779), is amended by revising Sections 5 through 13 as follows: 3628 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II "SECTION 5. The municipal general election for the City of Monticello shall be conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code,' as now or hereafter amended, on the Tuesday following the first Monday in November of each odd-numbered year. The city council may, by resolution, order a special election in accordance with law for the election of a councilmember or mayor when a vacancy has occurred for any reason. Such special election shall be for the purpose of filling the unexpired term of the councilmember or mayor, as the case may be. SECTION 6. (a) Any person who is a resident of the territory described as the corporate limits of the city and who has been a resident thereof for one continuous year immediately preceding the date of election, who is 21 years of age and a qualified elector of the city, and who is otherwise qualified as provided in this section shall be eligible to be elected as mayor or councilmember. Should the mayor or councilmember elected from the city at large remove his or her residence from within the corporate limits of the city during his or her term of office, his or her office shall immediately become vacant. Should any councilmember elected from an election district remove his or her residence from the district from which he or she was elected during his or her term of office, his or her office shall immediately become vacant. (b) The mayor and one councilmember may reside anywhere within the City of Monticello and shall be elected by a majority of the qualified electors of the entire city. The councilmember elected from the city at-large shall be the mayor pro tempore. (c)(1) For purposes of electing the other four members of the city council, the City of Monticello is divided into two election districts by the following described line, to wit: Beginning at the point where Forsyth Street (State Highway 83) intersects with the southwestern boundary of the Monticello city limits line; from that point northeast along the centerline of Forsyth Street until it intersects with Short Street; thence along the centerline of Short Street in a southerly direction until it intersects with the Southern Railroad track; thence along and with the centerline of the Southern Railroad track in a northeasterly direction until it intersects with Key Street; from that point southeast along the centerline of Key Street until it intersects with Blue Ruin Street; from that point northeast along the centerline of Blue Ruin Street until it intersects with the Monticello city limits line. Election District No. 1 shall contain all that territory and area within the city limits of the City of Monticello which lies east and southeast of the above-described line. Election District No. 2 shall contain all that territory and area within the city limits of the City of Monticello which lies west and southwest of the above-described line. (2) Two councilmembers shall be elected from Election District No. 1 and two councilmembers shall be elected from Election District No. 2. Each election district shall have two posts designated as Post 1 and Post 2. Candidates for the office of GEORGIA LAWS 2011 SESSION 3629 councilmember from each election district shall certify at the time of their qualification as candidates that they are residents of the election district from which they seek election. To be elected, a candidate shall receive a majority of the votes cast by the electors of the election district voting in the election. If no candidate receives a majority of the votes cast in the election district, a run-off election shall be held in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.' SECTION 7. (a) The mayor and members of the city council in office on January 1, 2011, and any persons filling vacancies in such offices shall serve until the first Tuesday in January, 2012. (b) At the municipal general election in November, 2011, there shall be an election for the mayor and the councilmembers representing Post 1 in Election District No. 1 and Election District No. 2. Those persons elected in such election shall take office on the first Tuesday in January, 2012, and shall serve a term of office of two years and until their respective successors are elected and qualified. Thereafter, successors to such persons shall be elected at the November municipal general election immediately prior to the end of their terms of office and they shall take office in January immediately following such election and shall serve for terms of four years and until their respective successors are elected and qualified. (c) At the municipal general election in November, 2011, there shall be an election for the mayor pro tempore and the councilmembers representing Post 2 in Election District No. 1 and Election District No. 2. Those persons elected in such election shall take office on the first Tuesday in January, 2012, and shall serve a term of office of four years and until their respective successors are elected and qualified. Thereafter, successors to such persons shall be elected at the November municipal general election immediately prior to the end of their terms of office and they shall take office in January immediately following such election and shall serve for terms of four years and until their respective successors are elected and qualified. (d) On the first Tuesday in January immediately following their election, the mayor and councilmembers-elect shall meet in the city hall or council chamber and there severally take, before some officer authorized to administer oaths under the laws of this state, the following oath of office, to wit: 'I do solemnly swear that I will well and truly demean myself as (mayor or councilmember, as the case may be) of the City of Monticello for the ensuing term and that I will faithfully enforce the charter and ordinances of the city to the best of my skill and knowledge without fear or favor, so help me God.' Should the mayor or any councilmember be absent from the meeting, he or she shall take the oath of office as soon as possible thereafter. Reserved. SECTION 8. 3630 Reserved. LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 9. Reserved. SECTION 10. Reserved. SECTION 11. Reserved. SECTION 12. Reserved." SECTION 13. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE MONTICELLO LOCAL LEGISLATION FOR A CHARTER AMENDMENT Notice is given that there will be introduced at the regular 2011 session of the General Assembly of Georgia a bill to amend an Act repealing an Act incorporating the City of Monticello and granting a new charter to the City of Monticello, approved March 10, 1959 (Ga. L. 1959, p. 2683), as amended, particularly by an Act approved March 12, 1984 (Ga. L. 1984, p. 3779), so as to provide for municipal elections; to provide for terms for the mayor and council; to provide for staggering of such terms; to provide for related matters; to repeal conflicting laws; and for other purposes. Thus, the key purpose of this charter amendment is to implement staggered election terms for the Mayor and city council, beginning in January, 2012. A complete copy of the amendment is available in the office of the City Clerk, 123 West Washington Street. The bill will then be submitted to the United States Attorney General for approval, and notice of said submittal shall be published in this legal organ. This 10th day of February, 2011. E. Glenn Newsome, Mayor Russell Gross, Mayor Pro Tempore M. Joseph Reitman, Jr., City Attorney GEORGIA LAWS 2011 SESSION 3631 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Susan Holmes, who on oath deposes and says that she 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 Monticello News which is the official organ of Jasper County on February 10, 2011, and that the notice requirements of Code Section 28-1-14 have been met. s/ SUSAN HOLMES Susan Holmes Representative, District 125 Sworn to and subscribed before me, this 14th day of February 2011. s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL) Approved April 20, 2011. __________ CITY OF HIAWASSEE HOMESTEAD EXEMPTION; CITY TAXES; REFERENDUM. No. 21 (House Bill No. 393). AN ACT To provide for a homestead exemption from City of Hiawassee ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for residents of that city; to provide 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: 3632 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 1. (a) As used in this Act, the term: (1) "Ad valorem taxes for municipal purposes" means all 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 $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)(1) Except as provided in paragraph (2) of this subsection, 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. (2) The homestead exemption shall be granted without application to any resident who has applied for and been granted the exemption provided for in Code Section 48-5-44 of the O.C.G.A. (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 once been granted the exemption, 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 of the year following the year in which this Act is approved by the voters under Section 2 of this Act. GEORGIA LAWS 2011 SESSION 3633 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 first election which is otherwise held in the City of Hiawassee more than 45 days after this Act becomes law and shall issue the call and conduct that election as provided by general law. If for any reason the election provided for in this Act is not held at such time, then it shall be held on the date of the next election which is otherwise held in the City of Hiawassee. 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 $10,000.00 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. If the Act is not so approved, 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 Sections 1 and 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 2011 session of the General Assembly of Georgia a bill to provide for a homestead exemption from City of Hiawassee ad valorem taxes for municipal purposes in the amount of $10,000.00 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; 3634 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Representative Stephen Allison House District 8 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 2, 2011, 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 28th day of February 2011. s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL) Approved April 20, 2011. __________ OGLETHORPE COUNTY COUNTY SURVEYOR; ABOLISH ELECTED OFFICE; PROVIDE FOR APPOINTED COUNTY SURVEYOR. No. 22 (House Bill No. 418). AN ACT To abolish the office of elected county surveyor of Oglethorpe County; to provide for the appointment of a county surveyor by the governing authority of the county; to provide for GEORGIA LAWS 2011 SESSION 3635 other matters relative to the foregoing; to provide an 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 Code Section 36-7-2.1 of the Official Code of Georgia Annotated, the office of elected county surveyor of Oglethorpe County is abolished. The governing authority of Oglethorpe County shall appoint a qualified person to hold the office of county surveyor for a term of one year from the date of appointment. Successors shall also be appointed for terms of one year. Any person appointed county surveyor shall possess the qualifications specified by paragraph (1) of subsection (b) of Code Section 36-7-2 of the Official Code of Georgia Annotated. SECTION 2. (a) This Act shall become law upon its approval by the Governor or upon its becoming law without such approval. (b) If there is an elected surveyor of Oglethorpe County holding office on the date this Act becomes law, then this Act shall become effective upon the expiration of the current term of office of the surveyor. If on the date this Act becomes law the office of surveyor is vacant or is held by a person appointed to the office, then this Act shall become effective upon the date it becomes law. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE Notice is hereby given that there will be introduced at the regular 2011 session of the General Assembly of Georgia a bill to remove the office as county surveyor as an elected office and as a constitutional office in Oglethorpe County. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hank Huckaby, who on oath deposes and says that he is the Representative from District 113 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Oglethorpe Echo which is the official organ of Oglethorpe County on February 3, 2011, and that the notice requirements of Code Section 28-1-14 have been met. 3636 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II s/ HANK HUCKABY Hank Huckaby Representative, District 113 Sworn to and subscribed before me, this 28th day of February 2011. s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL) Approved April 20, 2011. __________ HALL COUNTY DISTRIBUTION OF SALES TAX FOR EDUCATIONAL PURPOSES AMONG HALL COUNTY SCHOOL DISTRICT, CITY OF GAINESVILLE SCHOOL DISTRICT, AND BUFORD INDEPENDENT SCHOOL DISTRICT. No. 23 (House Bill No. 442). AN ACT To provide for the continuation of an alternative method of distribution of the net proceeds of the sales and use tax for educational purposes authorized under Article VIII, Section VI, Paragraph IV of the Constitution among the Hall County School District, City of Gainesville School District, and City of Buford Independent School District; to provide an effective date; to provide for applicability; to provide for 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) "ESPLOST IV" means the sales and use tax for educational purposes authorized under Article VIII, Section VI, Paragraph IV of the Constitution and which may be imposed as a result of the referendum to be held on March 15, 2011. (2) "ESPLOST III" means the sales and use tax for educational purposes authorized under Article VIII, Section VI, Paragraph IV of the Constitution imposed as a result of the GEORGIA LAWS 2011 SESSION 3637 referendum held on July 18, 2006, and the net proceeds of which are distributed pursuant to an Act approved May 3, 2006 (Ga. L. 2006, p. 1046). (b) The net proceeds of ESPLOST IV, shall be distributed among the Hall County School District, City of Gainesville Independent School District and City of Buford Independent School District in accordance with the method set forth below: (1) From the gross receipts of the sales and use tax, $63,333.33 per month for 60 consecutive months shall be distributed to the City of Buford Independent School District; provided, however, that in no event shall the City of Buford Independent School District receive less than $3,800,000.00; (2) After the monthly remittance to the City of Buford Independent School District, the remaining proceeds of the sales and use tax shall be distributed between the Hall County School District and the City of Gainesville Independent School District according to the ratio the student enrollment in each of the two districts bears to the total student enrollment in said districts based upon the most recent FTE count prior to the referendum; (3) Upon the sixtieth month, a comparison shall be made between the total collection for ESPLOST IV and ESPLOST III to determine if City of Buford Independent School District shall receive an additional, one-time distribution calculated as follows: (A) If total ESPLOST IV collections are equal to or less than total ESPLOST III collections, no additional distribution will be made to the City of Buford Independent School District; (B) If total ESPLOST IV collections are between 100.1% - 110% of total ESPLOST III collections, the City of Buford Independent School District shall receive an additional distribution of $100,000.00 for a total distribution not to exceed $3,900,000.00 for ESPLOST IV; (C) If total ESPLOST IV collections are between 110.1% - 120% of total ESPLOST III collections, City of Buford Independent School District shall receive an additional distribution of $200,000.00 for a total distribution not to exceed $4,000,000.00 for ESPLOST IV; and (D) If total ESPLOST IV collections are greater than the 120.1% of total ESPLOST III collections, City of Buford Independent School District shall receive an additional distribution of $300,000.00 for a total distribution not to exceed $4,100,000.00 for ESPLOST IV. SECTION 2. This Act is enacted pursuant to the specific authority provided for in Article VIII, Section VI, Paragraph IV(g) of the Constitution. SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply with respect to all distributions made by the Georgia 3638 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II Department of Revenue on or after such effective date pursuant to the filing of the proper distribution certificate. SECTION 4. This Act shall stand repealed in its entirety at the completion of the distribution of ESPLOST IV; provided, however, that if ESPLOST IV is not approved at the referendum on March 15, 2011, or such referendum is not conducted, this Act shall stand repealed in its entirety on April 1, 2011. 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 2011 Session of the General Assembly of Georgia a bill to provide for the continuation of alternative method of distribution of the net proceeds of the sales and use tax for educational purposes authorized under Article VII, Section VI, Paragraph IV of the Constitution among the Hall County School District, City of Gainesville School District and City of Buford School District; to provide an effective date; to provide for applicability; to provide for automatic repeal; and for other purposes. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James Mills, who on oath deposes and says that he is the Representative from District 25 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Times which is the official organ of Hall County on February 11, 2011, and that the notice requirements of Code Section 28-1-14 have been met. s/ JAMES MILLS James Mills Representative, District 25 Sworn to and subscribed before me, this 28th day of February 2011. s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL) GEORGIA LAWS 2011 SESSION 3639 Approved April 20, 2011. __________ HEARD COUNTY HEARD COUNTY WATER AUTHORITY; COMPENSATION OF MEMBERS. No. 24 (House Bill No. 444). AN ACT To amend an Act creating the Heard County Water Authority, originally known as the Franklin-Heard County Water Authority, approved March 21, 1984 (Ga. L. 1984, p. 4613), as amended, particularly by an Act approved March 22, 1989 (Ga. L. 1989, p. 4139), so as to change provisions relating to compensation of members of the authority; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating the Heard County Water Authority, originally known as the Franklin-Heard County Water Authority, approved March 21, 1984 (Ga. L. 1984, p. 4613), as amended, particularly by an Act approved March 22, 1989 (Ga. L. 1989, p. 4139), is amended by striking subsection (c) of Section 2 which reads as follows: "(c) Members of the authority shall serve without compensation but shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The authority shall have the power to establish bylaws and to promulgate and adopt rules and regulations necessary or convenient for the government of the authority." and inserting in its place a new subsection to read as follows: "(c)(1) Members of the authority shall be compensated from funds of the authority in the amount of $100.00 for each meeting a member attends but shall not be compensated for more than one meeting per member per month. (2) Members of the authority shall also be reimbursed for their actual expenses necessarily incurred in the performance of their duties. (3) The authority shall have the power to establish bylaws and to promulgate and adopt rules and regulations necessary or convenient for the government of the authority." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. 3640 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 2011 session of the General Assembly of Georgia a bill to amend an Act creating the Heard County Water Authority, originally known as the Franklin-Heard County Water Authority, approved March 21, 1984 (Ga. L. 1984, p. 4613), as amended, particularly by an Act approved March 22, 1989 (Ga. L. 1989, p. 4139), so as to change provisions relating to compensation of members of the authority; to provide for related matters; to repeal conflicting laws; and for other purposes. Representative Randy Nix District 69 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Randy Nix, who on oath deposes and says that he is the Representative from District 69 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the News and Banner which is the official organ of Heard County on February 16, 2011, 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 2nd day of March 2011. s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL) Approved April 20, 2011. __________ GEORGIA LAWS 2011 SESSION 3641 FAYETTE COUNTY MAGISTRATE COURT; JUDGES; QUALIFICATIONS; COMPENSATION. No. 25 (House Bill No. 482). AN ACT To amend an Act to provide for the Magistrate Court of Fayette County, approved April 1, 1983 (Ga. L. 1983, p. 4707), as amended by an Act approved March 19, 1987 (Ga. L. 1987, 4406), so as to modify the qualifications and the salary of the magistrate court judges of Fayette County; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act to provide for the Magistrate Court of Fayette County, approved April 1, 1983 (Ga. L. 1983, p. 4707), as amended by an Act approved March 19, 1987 (Ga. L. 1987, 4406), is amended by adding a new subsection to Section 4 to read as follows: "(e) No person shall be judge of the magistrate court unless, at the time of his or her election, he or she has attained the age of 25 years, has been a citizen of the state for three years, has practiced law for seven years, and has been duly reinstated to the practice of law in the event of his or her disbarment therefrom, or has served as a judge of the Magistrate Court of Fayette County in good standing for seven or more years." SECTION 2. Said Act is further amended by revising Section 4 to read as follows: "(a) The chief judge of the Magistrate Court of Fayette County shall receive as compensation an amount equal to 17 percent of the base salary of a judge in the superior courts for the State of Georgia plus any supplement which may be provided by the County. Such compensation shall be paid in equal monthly installments from the funds of Fayette County. (b) All other judges of the Magistrate Court of Fayette County shall receive as compensation an amount equal to 14 percent of the base salary of a judge in the superior courts for the State of Georgia plus any supplement which may be provided by the County. Such compensation shall be paid in equal monthly installments from the funds of Fayette County." SECTION 3. This Act shall become effective on July 1, 2011. 3642 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 hereby given that there will be introduced at the Regular 2010 Session of the General Assembly of Georgia, a bill to change certain provisions relating to the qualifications of Fayette County's Magistrate Court Judges and the salary of Magistrate Court Judges in Fayette County and for other purposes. This 28th day of January, Scott D. Bennett County Attorney Fayette County, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Matt Ramsey, who on oath deposes and says that he is the Representative from District 72 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Fayette County News which is the official organ of Fayette County on February 1, 2011, and that the notice requirements of Code Section 28-1-14 have been met. s/ MATT RAMSEY Matt Ramsey Representative, District 72 Sworn to and subscribed before me, this 24th day of February 2011. s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL) Approved April 20, 2011. __________ GEORGIA LAWS 2011 SESSION 3643 BULLOCH COUNTY REDEVELOPMENT POWERS; REFERENDUM. No. 26 (House Bill No. 483). AN ACT To authorize Bulloch 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. Bulloch 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 Bulloch 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 Bulloch 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 Bulloch County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Bulloch County for approval or rejection. The election superintendent shall conduct that election on a practicable date authorized under subparagraph (c)(2)(A) or (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 third Tuesday in March, 2013. 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 Bulloch County. The ballot shall have written or printed thereon the words: "( ) YES Shall the Act be approved which authorizes Bulloch County to exercise ( ) NO redevelopment powers under the 'Redevelopment Powers Law,' as it may be amended from time to time?" 3644 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become of full force and effect immediately. If Section 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 Bulloch 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 2011 session of the General Assembly of Georgia a bill to authorize Bulloch County to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; and for other purposes. This 26th day of February, 2011. Hon. Butch Parrish Representative 156th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Butch Parrish, who on oath deposes and says that he is the Representative from District 156 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Statesboro Herald which is the official organ of Bulloch County on February 26, 2011, and that the notice requirements of Code Section 28-1-14 have been met. GEORGIA LAWS 2011 SESSION 3645 s/ BUTCH PARRISH Butch Parrish Representative, District 156 Sworn to and subscribed before me, this 4th day of March 2011. s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL) Approved April 20, 2011. __________ CITY OF KENNESAW CORPORATE LIMITS. No. 27 (House Bill No. 508). AN ACT To amend an Act creating a new charter for the City of Kennesaw, approved April 10, 1971 (Ga. L. 1971, p. 3620), as amended, particularly by home rule amendment filed in the office of Secretary of State September 22, 2009 (Ga. L. 2010, p. 4239), so as to change the provisions relating to the corporate limits of the city; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating a new charter for the City of Kennesaw, approved April 10, 1971 (Ga. L. 1971, p. 3620), as amended, particularly by home rule amendment filed in the office of Secretary of State September 22, 2009 (Ga. L. 2010, p. 4239), is amended by adding at the end of Section 1.01 the following: "The corporate limits of the City of Kennesaw shall also include the following described parcels of land: Tract 1. All that tract or parcel of land lying and being in Land Lot 126, 20TH District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: 3646 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II BEGINNING at a 1/2-inch rebar found at the intersection of the Land Lot Line common to land lots 125 and 126 with the northern right-of-way of US Highway 41 (200' right-of-way); Thence leaving said right-of-way along said Land Lot Line and the division line between Odeon Village, LLC (Deed Book 14629, Page 4413) and Miss Nina Bostic et al (Deed Book 136, Page 202), North 01 degrees 18 minutes 21 seconds East, a distance of 749.62 feet to a 1/2-inch rebar found; Thence along the division line between Cobblestone Landing, L.P. (Deed Book 13543, Page 18320) and Miss Nina Bostic et al, North 01 degrees 18 minutes 11 seconds East, a distance of 499.57 feet to a 1/2-inch rebar found; Thence along the division line between Liberty Commons Subdivision (Plat Book 195, Page 25) and Miss Nina Bostic et al North 00 degrees 21 minutes 06 seconds East, a distance of 499.65 feet to a 1" open top pipe found; Thence leaving said Land Lot Line, South 88 degrees 33 minutes 44 seconds East, a distance of 413.42 feet to a 3/4-inch open top pipe found; Thence South 85 degrees 56 minutes 10 seconds East, a distance of 84.14 feet to a 1" open top pipe found; Thence along the division line between Rosemary James Strickland (Deed Book 14311, Page 1936) and Miss Nina Bostic et al the following two courses and distances: South 01 degrees 51 minutes 47 seconds East, a distance of 1051.31 feet to a 1" crimped top pipe found; South 87 degrees 34 minutes 10 seconds East, a distance of 315.72 feet to a 1-1/2-inch crimped top pipe found; Thence along the division line between Robert J. Cain (Deed Book 11145, Page 199) and Miss Nina Bostic et al South 86 degrees 57 minutes 13 seconds East, a distance of 344.54 feet to a 1/2-inch rebar found on the western right-of-way of Robin Drive; Thence South 03 degrees 08 minutes 34 seconds West, a distance of 126.29 feet to a 5/8-inch rebar set; Thence South 00 degrees 28 minutes 58 seconds West, a distance of 200.10 feet to a feet to a 5/8-inch rebar set; Thence along the division line between Estes Express Lines (Deed Book 7590, Page 257) and Miss Nina Bostic et al, South 02 degrees 06 minutes 44 seconds West, a distance of 320.00 feet to a 5/8-inch rebar set; Thence along the division line between Kilgore Properties, L.P. (Deed Book 6230, Page 1) and Miss Nina Bostic et al, South 02 degrees 04 minutes 17 seconds West, a distance of 292.00 feet to a 5/8-inch rebar set on the northern right-of-way of US Highway 41; Thence along said right-of-way, North 76 degrees 24 minutes 29 seconds West, a distance of 1225.77 feet to a 1/2-inch rebar found at the intersection of the Land Lot Line common to land lots 125 and 126 with the northern right-of-way of US Highway 41; said 1/2-inch rebar found being the TRUE POINT OF BEGINNING. Said tract of land contains 35.254 Acres. Tract 2. All That Tract Or Parcel of Land Lying And Being In Land Lot 136 Of The 20th District, 2nd Section, Cobb County, Georgia And Being More Particularly Described As Follows: Beginning At A 1/2O Rebar Found Located On The Northwesterly Right Of Way Of McCollum Parkway (A 160 Foot Right Of Way) A Distance Of 550.21 Feet GEORGIA LAWS 2011 SESSION 3647 Northeasterly As Measured Along Said Right Of Way From The Intersection Of The Northwesterly Right Of Way Of McCollum Parkway And The South Land Lot Line Of Land Lot 136 Of The 20th District, 2nd Section Of Cobb County, Georgia (The Calls From The Point Of Beginning To Said South Land Lot Line Are As Follows South 65 Degrees 25 Minutes 19 Seconds West A Distance Of 314.41 Feet To A 1" Rod Found, Thence Continuing South 65 Degrees 25 Minutes 19 Seconds West Along Said Right Of Way A Distance Of 235.80 To Said South Land Lot Line) From Said Point Of Beginning Running Thence Along Property Now Or Formerly Owned By Atlanta Gas Light Company North 28 Degrees 25 Minutes 04 Seconds West A Distance Of 464.88 Feet To An Iron Pin Located On The South Right Of Way Of Big Shanty Road (Right Of Way Varies); Running Thence North 89 Degrees 00 Minutes 52 Seconds East Along Said South Right Of Way Of Big Shanty Road A Distance Of 234.57 Feet To 1/2" Rebar; Thence Leaving Said South Right Of Way Of Big Shanty Road And Running Along Property Now Or Formerly Owned By Millwright Local Union 1263 South 25 Degrees 32 Minutes 00 Seconds East A Distance Of 369.89 Feet To An Iron Pin Found Located On The Northwesterly Right Of Way Of McCollum Parkway; Running Thence along The northwesterly Right Of Way Of McCollum Parkway South 65 Degrees 23 Minutes 15 Seconds West A Distance Of 190.00 To An Iron Pin Found And The Point Of Beginning, According To That Certain Survey Prepared For Henry M. Pickens (Sic), Beaumont Products, Inc., Pickens (Sic) Properties, LLC, U.S. Small Business Administration, Bank Of North Georgia And Chicago Title Insurance Corporation, By Gary L. Cooper, G.R.L.S.# 2606, Dated November 11, 2009, And Being Shown As 1.917 Acres. Together With That Certain Easement For Detention Pond And Drainage Purposes As Described And Granted To Mark L. Marsh And David H. Moore, Individually And D/B/A M & M Properties In That Easement Agreement Filed Of Record January 13, 1997 And Recorded In Deed Book 10108, Page 51 Cobb County, Georgia Records. Tract 3. ALL That tract or parcel of land lying or being in Land Lots 59 & 94, of the 20th District, 2nd Section, City of Kennesaw, Cobb County, Georgia, and being more particularly described as follows: Commencing at the intersection of the southerly right-of-way line of Shiloh Road (right-of-way varies) and the westerly right-of-way line of Frey Road (100-foot right-of-way) said point being the POINT OF BEGINNING; THENCE proceeding along the said westerly right-of-way line of Frey Road South 02 degrees 10 minutes 30 seconds West, a distance of 270.27 feet to a point; THENCE continuing along the said westerly right-of-way line of Frey Road and crossing from Land Lot 59 into Land Lot 94, South 01 degrees 29 minutes 26 seconds West, a distance of 86.92 feet to a point. THENCE turning a bearing southwesterly North 89 degrees 15 minutes 41 seconds West, a distance of 220.79 feet to a point; THENCE turning a bearing 3648 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II southwesterly South 40 degrees 08 minutes 12 seconds West, a distance of 333.12 feet to a point; THENCE turning a bearing northwesterly North 89 degrees 55 minutes 07 seconds West, a distance of 393.59 feet to a point. THENCE continuing along the said northeasterly right-of-way line of George Busbee Parkway, northwesterly and northerly a distance of 90.25 feet along the arc of a curve to the right, having a radius of 661.20 feet and being subtended by a chord which bears North 24 degrees 16 minutes 24 seconds West, for a distance of 90.18 feet, to a point; THENCE continuing along the said northeasterly right-of-way line of George Busbee Parkway, North 11 degrees 25 minutes 47 seconds West, a distance of 147.66 feet to a point on the southerly right-of-way line of Shiloh road (right-of-way varies); THENCE along the said southerly right-of-way line of Shiloh Road North 70 degrees 16 minutes 54 seconds East, a distance of 155.17 feet to a point; THENCE continuing along the said southerly right-of-way line of Shiloh Road North 60 degrees 22 minutes 55 seconds East, a distance of 78.85 feet to a point; THENCE continuing along the said southerly right-of-way line of Shiloh Road North 68 degrees 51 minutes 31 seconds East, a distance of 307.70 feet to a point; THENCE continuing along the said southerly right-of-way line of Shiloh Road easterly and northeasterly a distance of 430.90 feet along the arc of a curve to the left, having a radius of 1923.88 feet and being subtended by a chord which bears North 66 degrees 05 minutes 42 seconds East, for a distance of 430.00 feet, to the POINT OF BEGINNING. Containing 6.197 Acres, more or less, and shown on a Zoning Exhibit of Property for Towne View Baptist Church, as Tract 1. Tract 4. ALL That tract or parcel of land lying or being in Land Lots 59 & 94, of the 20th District, 2nd Section, City of Kennesaw, Cobb County, Georgia, and being more particularly described as follows: Commencing at the intersection of the southerly right-of-way line of Shiloh Road (right-of-way varies) and the westerly right-of-way line of Frey Road (100-foot right-of-way) said point being the POINT OF BEGINNING; THENCE proceeding along the said westerly right-of-way line of Frey Road South 02 degrees 10 minutes 30 seconds West, a distance of 270.27 feet to a point; THENCE continuing along the said westerly right-of-way line of Frey Road and crossing from Land Lot 59 into Land Lot 94, South 01 degrees 29 minutes 26 seconds West, a distance of 86.92 feet to a point and the TRUE POINT OF COMMENCEMENT; THENCE continuing along the said westerly right-of-way line of Frey Road and crossing from Land Lot 59 into Land Lot 94, South 01 degrees 29 minutes 26 seconds West, a distance of 528.73 feet to a point. THENCE leaving the said westerly right-of-way line of Frey Road proceed North 88 degrees 42 minutes 18 seconds West, a distance of 668.69 feet to a point on the northeasterly right-of-way line of George Busbee Parkway (right-of-way varies); THENCE along the said northeasterly right-of-way line of George Busbee Parkway, GEORGIA LAWS 2011 SESSION 3649 crossing from Land Lot 94 to Land Lot 59 North 31 degrees 32 minutes 59 seconds West, a distance of 95.24 feet to a point, THENCE continuing along the said northeasterly right-of-way line of George Busbee Parkway, northwesterly and northerly a distance of 206.19 feet along the arc of a curve to the right, having a radius of 661.20 feet and being subtended by a chord which bears North 24 degrees 16 minutes 24 seconds West, for a distance of 205.36 feet, to a point; THENCE leaving the said northeasterly right-of-way line of George Busbee Parkway, South 89 degrees 55 minutes 07 seconds East, a distance of 393.59 feet to a point. THENCE turning a bearing northeasterly North 40 degrees 08 minutes 12 seconds East, a distance of 333.12 feet to a point; THENCE turning a bearing southeasterly South 89 degrees 15 minutes 41 seconds East, a distance of 220.79 feet to a point and THE TRUE POINT OF COMMENCEMENT. Containing 6.53 Acres, more or less, and shown on a Zoning Exhibit of Property for Towne View Baptist Church, as Tract 1 & 2." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 2011 session of the General Assembly a bill to amend an Act creating a new charter for the City of Kennesaw, approved April 10, 1971 (Ga. L. 1971. p 3620), as amended; and for other purposes. This the 1st day of February 2011. Rep. Ed Setzler District 35 Georgia House of Representatives GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ed Setzler, who on oath deposes and says that he is the Representative from District 35 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County on February 18, 2011, and that the notice requirements of Code Section 28-1-14 have been met. 3650 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II s/ ED SETZLER Ed Setzler Representative, District 35 Sworn to and subscribed before me, this 8th day of March 2011. s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL) Approved April 20, 2011. __________ CITY OF OXFORD HOMESTEAD EXEMPTION; CITY TAXES; REFERENDUM. No. 28 (House Bill No. 522). AN ACT To provide for a homestead exemption from City of Oxford ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for residents of that city; to provide 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 Oxford, except for any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (b) Each resident of the City of Oxford is granted an exemption on that person's homestead from City of Oxford ad valorem taxes for municipal purposes in the amount of $10,000.00 GEORGIA LAWS 2011 SESSION 3651 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 Oxford, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Oxford, 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 Oxford, 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 Oxford, 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 Oxford 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, 2012. SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Oxford 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 Oxford for approval or rejection. The municipal election superintendent shall conduct that election on the date of the November, 2011, 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 Newton County. The ballot shall have written or printed thereon the words: "( ) YES ( ) NO Shall the Act be approved which provides a homestead exemption from City of Oxford 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?" 3652 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and 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 the City of Oxford. 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 2011 session of the General Assembly of Georgia a bill to provide for a homestead exemption from City of Oxford ad valorem taxes for municipal purposes in a limited amount of the assessed value of the homestead for residents of that city; to provide for a referendum; and for other purposes. Representative Doug Holt District 112 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Doug Holt, who on oath deposes and says that he is the Representative from District 112 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Covington News which is the official organ of Newton County on March 4, 2011, and that the notice requirements of Code Section 28-1-14 have been met. s/ DOUG HOLT Doug Holt Representative, District 112 GEORGIA LAWS 2011 SESSION 3653 Sworn to and subscribed before me, this 10th day of March 2011. s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL) Approved April 20, 2011. __________ CITY OF OXFORD CITY MANAGER-COUNCIL FORM OF GOVERNMENT. No. 29 (House Bill No. 523). AN ACT To amend an Act creating a new charter for the City of Oxford, Georgia, approved April 13, 2001 (Ga. L. 2001, p. 4195), so as to change the form of government from a mayor-council form of government to a city manager-council form of government; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating a new charter for the City of Oxford, Georgia, approved April 13, 2001 (Ga. L. 2001, p. 4195), is amended in Section 2.29 of Article II as follows: "SECTION 2.29. 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 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 the power to administer oaths and to take affidavits; (4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, and other instruments executed by the city which by law are required to be in writing and are not otherwise delegated to the city manager; 3654 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II (5) Vote on matters before the mayor and council and be counted toward a quorum as any other councilmember; (6) Have prepared and submitted to the council a recommended annual operating budget and recommended capital budget; and (7) Assign councilmembers to their committees of responsibilities each year at the first scheduled council meeting; (8) Fulfill such other executive and administrative duties as the mayor and council shall establish by ordinance." SECTION 2. Said Act is amended further by striking Article III and inserting a new Article III to read as follows: "ARTICLE III ADMINISTRATIVE AFFAIRS SECTION 3.10. City manager. (a) Appointment and qualification. The mayor shall appoint, subject to confirmation by the council, an officer whose title shall be the 'city manager.' The city manager shall be appointed without regard to political beliefs and solely on the basis of his or her education and experience in the accepted competencies and practices of local government management. The appointment is reconfirmed at the beginning of each fiscal year. (b) Chief administrative officer. The city manager shall be the chief administrative officer of the government of the city. The city manager must devote all of his or her working time and attention to the affairs of the city and shall be responsible to the mayor and council for the proper and efficient administration of the affairs of the city over which said officer has jurisdiction. (c) Powers and duties enumerated. The city manager shall have the power and it shall be his or her duty to: (1) See that all laws and ordinances are enforced; (2) Appoint and employ all necessary employees of the city, provided that the power of this appointment shall not include officers and employees who by this charter are appointed or elected by the mayor and the council or departments not under the jurisdiction of the city manager; (3) Remove those employees over whom he or she has the power to appoint and employ under paragraph (2) of this subsection without the consent of the council and without assigning any reason therefor; (4) Exercise supervision and control of all departments and all divisions created in this charter or that may hereafter be created by the council except as otherwise provided in this charter; GEORGIA LAWS 2011 SESSION 3655 (5) Attend all meetings of the council, without a right to vote, but with a right to take part in the discussions as determined by the chairperson; provided, however, that regardless of the decision of the chairperson, the city manager may take part in any discussion and report on any matter requested and approved by the council at such meeting. The city manager shall be entitled to notice of all special meetings; (6) Recommend to the council, after prior review and comment by the mayor, for adoption such measures as the city manager may deem necessary or expedient; (7) See that all terms and conditions imposed in favor of the city or its inhabitants in any public utility franchise are faithfully kept and performed and upon knowledge of any violation thereof to call the same to the attention of the city attorney, whose duty it shall be forthwith to take such steps as are necessary to protect and enforce the same; (8) Make and execute all lawful contracts on behalf of the city as to matters within the city manager's level of authorization as established by the council to the extent that such contracts are funded in the city's budget, except such as may be otherwise provided by law; provided, however, that no contract purchase or obligation requiring a budget amendment shall be valid and binding until after approval of the council; (9) Sign all orders, checks, and warrants for payment of money within the city manager's level of authorization as established by the council to the extent that such contracts are funded in the city's budget, except such as may be otherwise provided by law; provided, however, that no such order, check, or warrant requiring a budget amendment shall be valid and binding until after approval of the council; (10) Act as budget officer to prepare and submit to the council, after review and comment by the mayor, prior to the beginning of each fiscal year a budget of proposed expenditures for the ensuing year, showing in as much detail as practicable the amounts allotted to each department of the city government and the reasons for such estimated expenditures; (11) Keep the council at all times fully advised as to the financial condition and needs of the city; (12) Make a full written report to the council each month showing the operations and expenditures of each department of the city government for the preceding month, and a synopsis of such reports shall be published by the city clerk; (13) Fix all salaries and compensation of city employees in accordance with the city budget and the city pay and classification plan; and (14) Perform such other duties as may be prescribed by this charter or required by ordinance or resolution of the council. (d) Council interference with administration. Except for the purpose of inquiries and investigations, the council or its members shall deal with city officers and employees who are subject to the direction or supervision of the city manager solely through the city manager, and neither the council nor its members shall give orders to any such officer or employee, either publicly or privately. 3656 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II (e) Removal. The mayor and council may remove the city manager from office, with or without cause, in accordance with the following procedures: (1) The council shall adopt by affirmative vote of a majority of all its members a preliminary resolution removing the city manager and may suspend the city manager from duty for a period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the city manager; (2) Within five days after a copy of the resolution is delivered to the city manager, he or she may file with the council a written request for a public hearing. This hearing shall be held at a council meeting not earlier than 15 days nor later than 30 days after the request is filed. The city manager may file with the council a written reply not later than five days before the hearing; (3) The council may adopt a final resolution of removal, which may be made effective immediately by affirmative vote of four of its members at any time after five days from the date when a copy of the preliminary resolution was delivered to the city manager if he or she has not requested a public hearing, or at any time after the public hearing if he or she has requested one; (4) The city manager shall continue to receive his or her salary until the effective date of a final resolution of his or her removal. The action of the council in suspending or removing the city manager shall not be subject to review by any court or agency; and (5) If the city manager is suspended in accordance with subsection (a) of this section or becomes disabled and is unable to carry out the duties of the office or if the city manager dies, the acting city manager shall perform the duties of the city manager until the city manager's disability is removed or until the city manager is replaced. Removal of the city manager because of disability shall be carried out in accordance with the provisions of this subsection. (f) Acting city manager. (1) The mayor with the approval of the council may appoint himself or herself or any person to exercise all powers, duties, and functions of the city manager during the city manager's suspension, temporary absence from the city, or disability. (2) In the event of a vacancy in the office of city manager, the mayor may designate with the approval of the council a person as acting city manager who shall exercise all powers, duties, and functions of the city manager until a city manager is appointed. SECTION 3.11. Department heads. (a) Except as otherwise provided in this charter, the mayor and council by resolution shall prescribe the functions or duties of and establish, abolish, or alter all nonelective offices, positions of employment, departments, and agencies of the city and establish professional qualifications as necessary for the proper administration of the affairs and government of the city. GEORGIA LAWS 2011 SESSION 3657 (b) Except as otherwise provided by this charter or by law, all appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers shall receive such compensation as prescribed by ordinance or resolution. (d) The mayor may suspend or remove any and all appointed city officials, but such suspension or removal shall not be final for 21 calendar days following the mayor giving written notice of such action and the reasons therefor to the appointed city official involved and to the city council. The appointed city official involved may appeal within 21 days to the council which, after a hearing, may override the mayor's action by a vote of four councilmembers. SECTION 3.12. Boards, commissions. (a) The mayor and council shall create by ordinance or resolution such boards, commissions, and authorities to fulfill any functions the mayor and council deem necessary and shall by ordinance or resolution establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the mayor and council for such terms of office and in such manner as shall be provided by ordinance or resolution, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The mayor and council by ordinance or resolution 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 article for original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until he or she has executed and filed with the clerk of the city an oath obligating himself or herself to faithfully and impartially perform the duties of his or her office, such oath to be prescribed by ordinance or resolution and administered by the mayor. (g) Any member of a board, commission, or authority may be removed from office for cause by a vote of four members of the city council. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city may 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, provided that the mayor and council did not especially 3658 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II appoint a chairperson at the time of appointment. Each board shall pass 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 rules and regulations shall be filed with the clerk of the city. SECTION 3.13. City attorney. The mayor and council shall appoint a city attorney at the first scheduled meeting of the calendar year for a term of one year, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; may be solicitor in the municipal court; shall attend the meetings of the council as directed; shall advise the city council, the mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required of him or her by virtue of his or her position as city attorney. SECTION 3.14. City clerk. The mayor and council shall appoint a city clerk at the first scheduled meeting of the calendar year for a term of one year who shall not be a councilmember. The city clerk shall be custodian of the official city seal; maintain city council records required by this charter; and perform such other duties as may be required by the city council. SECTION 3.15. City treasurer. The mayor and council may appoint a city treasurer at the first scheduled meeting of the calendar year for a term of one year to collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of this charter and the ordinances of the city and to enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes by the city. The city treasurer shall also be responsible for the general duties of a treasurer and fiscal officer. SECTION 3.16. Chief of police. The mayor and council shall appoint a chief of police at the first scheduled meeting of the calendar year for a term of one year to perform the duties as the administrative officer of GEORGIA LAWS 2011 SESSION 3659 the police department and have all the powers of an arresting officer within the City of Oxford; he or she shall further have all the powers usual and incident to such office; he or she shall have the power to serve all papers, summons, and citations and execute all writs and executions directed by the municipality and the State of Georgia; he or she shall perform all duties prescribed by state law and by this charter, and carry out such other duties as the mayor and council may lawfully direct. The municipality through the mayor and council shall have the power to hire additional police officers to assist the chief of police in his or her duties and to act in his or her stead. SECTION 3.17. Municipal judge. The mayor and council shall appoint a municipal judge at the first scheduled meeting of the calendar year for a term of one year whose duty it shall be to try all cases of violation of the city ordinances and perform such functions and acts as may be laid upon him or her by the provisions of this charter, or shall be from time to time placed upon him or her by the ordinances or bylaws adopted by the mayor and council of the City of Oxford. SECTION 3.18. Position classification and pay plans. The city clerk shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the mayor and 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 mayor and 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 3.19. Personnel policies. The mayor and council shall adopt rules and regulations consistent with this charter concerning: (1) The method of employee selection and probationary periods of employment; (2) The administration of the position classification and pay plan, methods of promotion and application of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave, 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 3660 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II (5) Such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs." 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 2011 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Oxford, Georgia, approved April 13, 2001 (Ga. L. 2001, p. 4195), so as to change the form of government from a mayor-council form of government to a city manager-council form of government; to provide for related matters; and for other purposes. Representative Doug Holt District 112 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Doug Holt, who on oath deposes and says that he is the Representative from District 112 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Covington News which is the official organ of Newton County on March 4, 2011, and that the notice requirements of Code Section 28-1-14 have been met. s/ DOUG HOLT Doug Holt Representative, District 112 Sworn to and subscribed before me, this 10th day of March 2011. s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL) Approved April 20, 2011. GEORGIA LAWS 2011 SESSION 3661 TOWNS COUNTY HOMESTEAD EXEMPTION; SCHOOL TAXES; REFERENDUM. No. 30 (House Bill No. 524). 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. 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)(1) Except as provided in paragraph (2) of this subsection, 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. (2) The exemption shall be granted without application to any resident who has applied for and been granted the exemption provided for in Code Section 48-5-44 of the O.C.G.A. (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 once been granted the exemption, 3662 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 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 school district ad valorem taxes for educational purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1 of the year following the year in which this Act is approved by the voters under Section 2 of this Act. 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 rejection. The election superintendent shall conduct that election on the date of the first election or primary which is otherwise held in Towns County more than 45 days after this Act becomes law and shall issue the call and conduct that election as provided by general law. If for any reason the election provided for in this Act is not held at such time, then it shall be held on the date of the next election or primary which is otherwise held in Towns County. 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, 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 Sections 1 and 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 2011 SESSION 3663 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 2011 session of the General Assembly of Georgia to provide 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. 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 March 2, 2011, 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 4th day of March 2011. s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL) Approved April 20, 2011. __________ 3664 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II JOHNSON COUNTY MAGISTRATE COURT; JUDGE OF PROBATE COURT SERVE AS CHIEF MAGISTRATE. No. 31 (House Bill No. 537). AN ACT To amend an Act creating the Small Claims Court of Johnson County, now the Magistrate Court of Johnson County, approved April 6, 1981 (Ga. L. 1981, p. 4031), as amended, particularly by an Act approved March 12, 1984 (Ga. L. 1984, p. 4006), and an Act approved March 12, 1988 (Ga. L. 1988, p. 4746), so as to provide that on and after January 1, 2013, the probate judge shall serve as chief magistrate of the Magistrate Court of Johnson County; to provide for the office of the current magistrate and the expiration of his term; to repeal certain Acts; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. (a) Pursuant to subsection (g) of Code Section 15-10-20 of the Official Code of Georgia Annotated, the chief magistrate of the Magistrate Court of Johnson County shall not be separately elected for any term of office that begins on or after January 1, 2013, but on and after that date the probate judge of Johnson County shall serve as the chief magistrate of the Magistrate Court of Johnson County. There shall be no election in 2012 or thereafter for the office of chief magistrate of the Magistrate Court of Johnson County. The term of office of the judge serving as chief magistrate shall be concurrent with such judge's term of office as the judge of the probate court. (b) Effective January 1, 2013, in addition to any compensation received for service as judge of the Probate Court of Johnson County, the judge of the probate court who serves as chief magistrate shall receive a compensation for service as chief magistrate in the amount provided by O.C.G.A. Code Section 15-9-63.1. (c) A vacancy in the office of chief magistrate shall be filled by appointment by the chief judge of the Superior Court of the Dublin Circuit for the remainder of the unexpired term. (d) The chief magistrate of the Magistrate Court of Johnson County who is serving as such on the effective date of this Act, and any person selected to fill a vacancy in such office, shall continue to serve as such chief magistrate for a term of office which shall expire on December 31, 2012, and, during such time period, shall continue to receive the same salary such person was receiving for performing such duties as fixed by the governing authority of Johnson County; provided, however, that if a vacancy occurs in the office of chief magistrate after the effective date of this Act, and if such vacancy is filled by appointing GEORGIA LAWS 2011 SESSION 3665 the Probate Judge of Johnson County, the probate judge shall only be entitled to additional compensation in the amount provided by O.C.G.A. Code Section 15-9-63.1. SECTION 2. The following Acts are specifically repealed: (1) An Act creating the Small Claims Court of Johnson County, now the Magistrate Court of Johnson County, approved April 6, 1981 (Ga. L. 1981, p. 4031); (2) An Act amending the Act creating the Magistrate Court of Johnson County, approved March 12, 1984 (Ga. L. 1984, p. 4006); (3) An Act amending the Act creating the Magistrate Court of Johnson County, approved March 12, 1988 (Ga. L. 1988, p. 4746); and (4) An Act amending the Act creating the Magistrate Court of Johnson County, approved April 4, 1991 (Ga. L. 1991, p. 3751). SECTION 3. The governing authority of Johnson County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended, no later than 60 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval. SECTION 4. 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 2011 session of the General Assembly of Georgia, a Bill to amend an Act creating the Small Claims Court of Johnson County, now the Magistrate Court of Johnson County, approved April 6, 1981 (Ga. L. 1981, pg. 4031), as amended, particularly by an Act approved March 12, 1984 (Ga. L. 1984, p. 4066), and an Act approved March 12, 1988 (Ga. L. 1988, p. 4746), so as to provide that on and after January 1, 2013, the probate judge shall serve as chief magistrate of the Magistrate Court of Johnson County; to provide for the office of the current magistrate and the expiration of his term; to repeal certain Acts; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes. 3666 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Butch Parrish, who on oath deposes and says that he is the Representative from District 156 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Johnson Journal which is the official organ of Johnson County on March 8, 2011, and that the notice requirements of Code Section 28-1-14 have been met. s/ BUTCH PARRISH Butch Parrish Representative, District 156 Sworn to and subscribed before me, this 8th day of March 2011. s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL) Approved April 20, 2011. __________ CITY OF YOUNG HARRIS HOMESTEAD EXEMPTION; CITY TAXES; REFERENDUM. No. 32 (House Bill No. 540). AN ACT To provide for a homestead exemption from City of Young Harris ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for residents of that city; to provide 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: GEORGIA LAWS 2011 SESSION 3667 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 Young Harris, 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 Young Harris is granted an exemption on that person's homestead from City of Young Harris ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (c)(1) Except as provided in paragraph (2) of this subsection, 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 Young Harris, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Young Harris, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such person for such exemption. The governing authority of the City of Young Harris, or the designee thereof, shall provide application forms for this purpose. (2) The homestead exemption shall be granted without application to any resident who has applied for and been granted the exemption provided for in Code Section 48-5-44 of the O.C.G.A. (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 once been granted the exemption, 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 Young Harris, 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 Young Harris 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 of the year following the year in which this Act is approved by the voters under Section 2 of this Act. 3668 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 Young Harris shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Young Harris for approval or rejection. The municipal election superintendent shall conduct that election on the date of the first election which is otherwise held in the City of Young Harris more than 45 days after this Act becomes law and shall issue the call and conduct that election as provided by general law. If for any reason the election provided for in this Act is not held at such time, then it shall be held on the date of the next election which is otherwise held in the City of Young Harris. The municipal election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Towns County. The ballot shall have written or printed thereon the words: "( ) YES Shall the Act be approved which provides a homestead exemption from City of Young Harris ad valorem taxes for municipal purposes in the amount of ( ) NO $10,000.00 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. If the Act is not so approved, 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 Young Harris. It shall be the municipal election superintendent's duty to certify the result thereof to the Secretary of State. SECTION 3. Except as otherwise provided in Sections 1 and 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 2011 session of the General Assembly of Georgia a bill to provide for a homestead exemption from City of Young Harris ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for residents of that city; to provide for definitions; to specify the terms and GEORGIA LAWS 2011 SESSION 3669 conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; and for other purposes. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, 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 March 9, 2011, 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 10th day of March 2011. s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL) Approved April 20, 2011. __________ CITY OF DORAVILLE HOMESTEAD EXEMPTION: CITY TAXES; REFERENDUM. No. 33 (House Bill No. 545). AN ACT To provide for a homestead exemption from City of Doraville ad valorem taxes for municipal purposes in the amount of $25,000.00 of the assessed value of the homestead for residents of that city; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to repeal a local constitutional amendment; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. 3670 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 municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Doraville, 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, with the additional qualification that it shall include not more than five contiguous acres of homestead property. (b) Each resident of the City of Doraville is granted an exemption on that person's homestead from City of Doraville ad valorem taxes for municipal purposes in the amount of $25,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) 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 Doraville, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Doraville, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such person for such exemption. The governing authority of the City of Doraville, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year as long as the 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 Doraville, 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 Doraville 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, 2012. GEORGIA LAWS 2011 SESSION 3671 SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Doraville shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Doraville for approval or rejection. The municipal election superintendent shall conduct that election on the Tuesday immediately following 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 DeKalb County. The ballot shall have written or printed thereon the words: "( ) YES ( ) NO Shall the Act be approved which provides a homestead exemption from City of Doraville ad valorem taxes for municipal purposes in the amount of $25,000.00 of the assessed value of the homestead for residents of that city and repeals prior exemptions?" 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. 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 Doraville. It shall be the municipal election superintendent's duty to certify the result thereof to the Secretary of State. SECTION 3. If this Act is approved in the referendum provided for in Section 2 of this Act, that local constitutional amendment providing a $50,000.00 homestead exemption for municipal taxes for each resident of the City of Doraville found at Ga. L. 1982, p. 2610, and continued in force and effect pursuant to Article XI, Section I, Paragraph IV of the Constitution shall be repealed on the effective date of this Act. 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 2011 session of the General Assembly of Georgia a bill to provide for a homestead exemption from City of Doraville ad 3672 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II valorem taxes for municipal purposes in the amount of $25,000.00 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 repeal a local constitutional amendment; to provide for a referendum, effective dates, and automatic repeal; and for other purposes. Representative Elena Parent, District 81 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Elena Parent, 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 3, 2011, and that the notice requirements of Code Section 28-1-14 have been met. s/ ELENA PARENT Elena Parent Representative, District 81 Sworn to and subscribed before me, this 10th day of March 2011. s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL) Approved April 20, 2011. __________ GEORGIA LAWS 2011 SESSION 3673 JACKSON COUNTY BOARD OF ELECTIONS AND REGISTRATION; CREATION. No. 34 (House Bill No. 551). AN ACT To create a board of elections and registration for Jackson County and to provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for certain expenditures of public funds; to provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for related matters; to provide for submission under Section 5 of 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 Jackson County, hereinafter referred to as "the board." The board shall have the powers, duties, and responsibilities of the superintendent of elections of Jackson 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 Jackson County, and the powers, duties, and responsibilities of the Board of Registrars of Jackson County under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." SECTION 2. The terms "election," "elector," "political party," "primary," and "public office" shall have the same meanings as set forth in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," unless otherwise clearly apparent from the text of this Act; and the term "commissioners" means the Board of Commissioners of Jackson County and "county" means Jackson County. SECTION 3. (a) The board shall be composed of a chairperson and two members who shall be appointed as provided in this section. 3674 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II (b) The initial members of the board shall be the current board of registrars of Jackson County. The current chief registrar shall be the initial chairperson of the board. Successors to such members shall be selected by the chief judge of the Superior Court of Jackson County upon the recommendation of the grand jury of such county. The grand jury shall submit to such judge the names of a number of electors equal to twice the number of persons to be appointed and the appointment shall be made therefrom and shall be entered on the minutes of the court. When making such appointments when appropriate, such judge shall designate one of the persons appointed as the chairperson of the board who shall serve as such during such person's term of office, and such designation shall likewise be entered on the minutes of the court. (c) The initial board shall serve terms of office which correspond with their present terms of office as members of the board of registrars 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 and every four years thereafter for terms of four years and until their respective successors are appointed and qualified. 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 Jackson County and must have been registered voters in Jackson County for a period of at least one year prior to the date of their appointment to the board. SECTION 5. The chief judge of the Superior Court of Jackson County shall certify the appointment of each member of the board to 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 of such certifications on the minutes of the superior court and shall certify the name of each such appointed member to the Secretary of State and provide for the issuance of appropriate commissions to the members within the same time and in the same manner as provided by law for registrars. SECTION 6. Each member of the board shall have the right to resign at any time by giving written notice of such resignation to the governing authority of Jackson County and to the clerk of the superior court and shall be subject to removal from the board by the chief judge of the Superior Court of Jackson County at any time, for cause, after notice and hearing. GEORGIA LAWS 2011 SESSION 3675 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 chief judge of the Superior Court of Jackson County shall appoint a successor to serve the remainder of the unexpired term as provided for in Section 3 of this Act. The clerk of the superior court shall be notified of such interim appointments and record and certify such appointments in the same manner as the regular appointment of members. SECTION 8. Before entering upon the member's duties, each member shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest. SECTION 9. (a) The board shall be authorized to organize itself, determine its procedural rules and regulations, adopt bylaws, specify the functions and duties of its employees, and otherwise 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 have regular monthly meetings at times, dates, and locations as determined by the board. Any specially called meeting shall be called by the chairperson or any two members of the board. The board shall maintain a written record of policy decisions amended to include additions or deletions. Such written records shall be made available for the public to review. SECTION 10. The board shall have the authority to contract with any municipality located within Jackson County for the holding by the board of any primary or election to be conducted within such municipality. SECTION 11. (a) The board shall be authorized to appoint an 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 be considered an employee of Jackson County and shall be entitled to the same benefits as other employees of Jackson County. (b) The board, subject to funding by the governing authority of Jackson County, shall be authorized to employ additional clerical assistants as needed to carry out the duties and 3676 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II functions of the board. All such clerical assistants shall be considered to be employees of Jackson County and shall be entitled to the same benefits as other employees of Jackson County. Such employees shall be hired by the elections supervisor with the approval of the board. SECTION 12. Compensation for the members of the board, elections supervisor, clerical assistants, and other employees shall be fixed by the governing authority of Jackson County, provided that the members of the board shall receive compensation in at least the amount provided in subsection (d) of Code Section 21-2-212 of the O.C.G.A.. Such compensation shall be paid wholly from county funds. SECTION 13. The governing authority of Jackson County shall provide the board with such proper and suitable offices, equipment, materials, and supplies as the governing authority of Jackson County deems appropriate. SECTION 14. The board of commissioners of Jackson County shall through its legal counsel cause this Act to be submitted for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended, and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval. SECTION 15. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or becomes law without such approval. Upon this Act becoming effective, the judge of the Probate Court of Jackson County and the Board of Registrars of Jackson 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 Jackson County shall be abolished, but the members of the Board of Registrars shall become the initial members of the board as provided in this Act. 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 2011 session of the General Assembly of Georgia a bill to provide for the creation of combined Board of Voter GEORGIA LAWS 2011 SESSION 3677 Registrations and Elections in Jackson County; and to provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; to provide for the qualifications, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of power and duties and 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 of certain municipalities; to provide for related matters; to provide for submission under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, 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 March 9, 2011, 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 11th day of March 2011. s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL) Approved April 20, 2011. __________ 3678 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II HABERSHAM COUNTY BOARD OF ELECTIONS AND REGISTRATION; CREATION. No. 35 (House Bill No. 553). AN ACT To create a board of elections and registration for Habersham County and to provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for certain expenditures of public funds; to provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for related matters; to provide for submission for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Pursuant to subsection (b) of Code Section 21-2-40 of the O.C.G.A., there is created the Board of Elections and Registration of Habersham County, hereinafter referred to as "the board." The board shall have the powers, duties, and responsibilities of the judge of the probate court of Habersham County under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," and the powers, duties, and responsibilities of the board of registrars of Habersham County under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." SECTION 2. The terms "election," "elector," "political party," "primary," and "public office" shall have the same meaning as set forth in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," unless otherwise clearly apparent from the text of this Act, and the term "commissioners" means the Board of Commissioners of Habersham County and "county" means Habersham County. SECTION 3. (a) The board shall be composed of five members who shall be appointed as provided in this section. GEORGIA LAWS 2011 SESSION 3679 (b) Two members of the board shall be appointed by the county executive committee of the political party which received the highest number of votes within the county for its candidate for Governor in the general election immediately preceding the appointment of such member. Two members of the board shall be appointed by the county executive committee of the political party which received the second highest number of votes within the county for its candidate for Governor in the general election immediately preceding the appointment of such member. In the event that there is no county executive committee of a political party entitled to make an appointment under this subsection, the appointment on behalf of such political party shall be made by the state executive committee of such party. (c) One member of the board shall be selected by the governing authority of Habersham County. (d) All appointments to the board shall be promptly certified by the appointing authority of Habersham County to the clerk of the Superior Court of Habersham County. (e)(1) The initial appointees to the board shall take office on July 1, 2011. (2) One of the initial members appointed by the county executive committee of each political party shall serve a term of office beginning on July 1, 2011, and ending on June 30, 2013, 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, 2013, and until his or her respective successor is duly appointed and qualified. Thereafter, all successors to such members shall be appointed to serve four-year terms of office and until their respective successors are appointed and qualified. (3) The other initial member appointed by the county executive committee of each political party shall serve a term of office beginning on July 1, 2011, and ending on June 30, 2015, 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, 2015, and until his or her respective successor is duly appointed and qualified. Thereafter, all successors to such members shall be appointed to serve four-year terms of office and until their respective successors are appointed and qualified. (4) The initial member appointed by the governing authority of Habersham County shall serve a term of office beginning on July 1, 2011, and ending on June 30, 2015, and until his or her respective successor is duly appointed and qualified. The successor to such member shall thereafter be appointed by the governing authority to serve a term of office of four years beginning July 1, 2015, and until his or her respective successor is duly appointed and qualified. Thereafter, successors to such member shall be appointed to serve four-year terms of office and until their respective successors are appointed and qualified. (f) The member of the board appointed by the county governing authority shall serve as chairperson of the board. Such chairperson shall preside over all meetings of the board and shall be entitled to vote on all matters coming before the board. 3680 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 4. There shall be an election supervisor who shall generally direct and control the administration of the affairs of the board pursuant to law and duly adopted resolutions of the board. The election supervisor shall not be a member of the board. The appointment of the supervisor shall be made by the board of commissioners, which will consider the recommendation of the board of elections and registration. The supervisor shall be appointed and removed by the board of commissioners in the same manner as department heads. The compensation of such election supervisor shall be established by the board of commissioners in the same manner as department heads. The election supervisor shall provide daily employee supervision, serve as staff support for the board, attend all meetings of the board, carry out the duties of voter registration and elections as required by law, and be a full-time employee of Habersham County. SECTION 5. Each member of the board shall: (1) Be eligible to be reappointed to succeed such member; (2) Have the right to resign at any time by giving written notice of such resignation to the governing authority of Habersham County and to the clerk of the superior court; and (3) Serve until his or her successor is appointed and qualified. SECTION 6. (a) The appointing authority shall certify the appointment of each member of the board by filing an affidavit with the clerk of the superior court no later than 30 days preceding the date upon which such members are to take office, stating the name and residential address of the person appointed and certifying such member has been duly appointed as provided in this Act. (b) The clerk of the superior court shall record each of such certifications on the minutes of the superior court and shall certify the name of each such appointed member to the Secretary of State and provide for the issuance of appropriate commissions to the members within the same time and in the same manner as provided by law for registrars. SECTION 7. In the event a vacancy occurs in the office of any member before the expiration of his or her term, by removal, death, resignation, or otherwise, the appointing authority which is required under Section 3 of this Act to make the appointment to the office upon the expiration of the term shall appoint a successor to serve the remainder of the unexpired term as provided for in Section 3 of this Act. If the vacancy in office is not filled within 60 days after it occurs, the vacancy shall be filled for the remainder of the term by the governing authority of Habersham 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. GEORGIA LAWS 2011 SESSION 3681 SECTION 8. (a) The first members of the board under this Act shall be appointed as provided in this Act to take office on July 1, 2011. The board shall take no official action until all members have been certified to the clerk of the Superior Court of Habersham County. (b) Before entering upon the member's duties, each member shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest. SECTION 9. (a) No person who holds elective public office shall be eligible to serve as a member of the board during the term of such elective office, and the position of any member of the board shall be deemed vacant upon such member's qualifying as a candidate for elective public office. (b) Members of the board must be residents of Habersham County and must have been registered voters in Habersham County for a period of at least one year prior to the date of appointment to the board. SECTION 10. The board shall have the authority to contract with any municipality or governmental authority located within Habersham County for the holding by the board of any primary or election to be conducted within such municipality or governmental authority. The full costs of any such election shall be paid for by the requesting municipality or governmental authority along with a fee established by the board to offset operational costs of the office of the Habersham County Board of Elections and Registration. SECTION 11. (a) The board shall be authorized and empowered to organize itself, elect from among its members a vice chairperson, determine its procedural rules and regulations, adopt bylaws, specify the functions and duties of its employees, and otherwise take such action as is appropriate to the management of its affairs; provided, however, that no such action shall conflict with state law. (b) Action and decision by the board shall be by a majority of the members of the board. SECTION 12. (a) The board shall fix and establish, by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. The board shall hold meetings at the office of the Habersham County Board of Elections and Registration or at the place of meeting of the commissioners. Any specially called meetings held pursuant to the bylaws adopted by the board shall be held only after notification of the time and place of the holding of such special meeting has been communicated in writing to the election supervisor to provide public notice of the meeting as required by law. All meetings of whatever kind of the board shall be conducted pursuant to Chapter 14 of Title 50 of the O.C.G.A. 3682 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II (b) The board shall maintain a written record of policy decisions amended to include additions or deletions. Such written records shall be made available for the public to review pursuant to Article 4 of Chapter 18 of Title 50 of the O.C.G.A. SECTION 13. Compensation for the members of the board shall be fixed by the Board of Commissioners of Habersham County. All amounts payable under this section shall be paid from the funds of Habersham County. SECTION 14. (a) The board may employ, subject to funding by the Habersham County Board of Commissioners, additional clerical assistants as needed to efficiently carry out the duties and functions of the board on either an independent contract basis or as county employees entitled to all benefits as other county employees, to be determined by the board of commissioners. The compensation of all clerical assistants shall be established by the board of commissioners in the same manner as for other county employees. Any such assistants shall be at-will employees of the board of commissioners. (b) The board of commissioners, at their legislative discretion, shall provide suitable offices and equipment and funding sufficient to employ the staff and other employees as may be necessary. SECTION 15. The board shall be responsible for the selection, appointment, and training of poll workers. SECTION 16. The Board of Commissioners of Habersham County shall cause, through its legal counsel, this Act to be submitted for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended, within 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval. SECTION 17. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval for purposes of making initial appointments to the board only. This Act shall become fully effective on July 1, 2011. Upon this Act becoming fully effective or upon such later date determined by the board of commissioners, the superintendent of elections of Habersham County and the board of registrars of Habersham County shall be relieved of all powers and duties to which the board succeeds by the provisions of this Act and shall deliver to the board all equipment, supplies, materials, books, papers, records, and facilities pertaining to such powers and duties. Nothing contained herein is intended to prevent the appointment of members of the board, the hiring of an election supervisor, the GEORGIA LAWS 2011 SESSION 3683 hiring of clerical staff, or any necessary training for the members of the board, the election supervisor, and clerical assistants. SECTION 18. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2011 session of the General Assembly of Georgia a bill to create the board of elections and registration for Habersham 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 member of the board and personnel; to provide for offices and equipment; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for related matters; to provide for submission for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes. 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 11, 2011, and that the notice requirements of Code Section 28-1-14 have been met. s/ RICK AUSTIN Rick Austin Representative, District 10 3684 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II Sworn to and subscribed before me, this 14th day of March 2011. s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL) Approved April 20, 2011. __________ HABERSHAM COUNTY HABERSHAM COUNTY AIRPORT AUTHORITY; CREATION. No. 36 (House Bill No. 554). AN ACT To create and establish an airport authority for Habersham County; to declare the need for an airport authority; to designate the name of the authority; to declare the purposes and objectives of this Act; to define certain terms; to provide for the membership of the authority; to provide for the terms of office of the authority members; to provide for the election of officers, quorum, bylaws, procedures, and meetings; to provide for compensation of members; to provide for the filling of vacancies; to provide for removal of members; to provide for the appointment and compensation of an executive director, treasurer, and other administrative officers and employees of the authority; to provide that no member, officer, or employee of the authority shall have any financial dealings with the authority; to provide that any member, officer, or employee having financial dealings with the authority shall be subject to removal; to provide for the powers of such authority; to define the types of activity in which the authority is prohibited from engaging and otherwise to restrict the powers of the authority; to provide for the execution of contracts, leases, and other legal documents; to provide for the location of such authority; to provide for the issuance and validation of revenue bonds; to provide that the property of the authority shall be deemed to be public property; to provide for the transfer of airports and related facilities from the county to the authority; to provide that airports acquired by the authority shall be subject to the control of the authority; to provide that the powers of the authority shall be limited to airports; to provide that the funds of the authority shall be used only for airports; to provide for the keeping of books and accounts; to provide for the use of revenues; to provide for the use of appropriations; to provide for maintenance of roads, taxiways, and runways; to provide for immunity from liability; to provide for exemption from taxation; to provide for rights of GEORGIA LAWS 2011 SESSION 3685 personnel; to provide for dissolution; to provide for lease of certain lands; to provide for service of process; to provide for severability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Creation of authority. There is created the Habersham County Airport Authority which is referred to in this Act as the "authority." The authority shall be an instrumentality and political subdivision of the State of Georgia and a public corporation. The authority may exercise, subject to approval of the governing authority of Habersham County, the powers set out in this Act with respect to any land located within Habersham County or land contiguous to Habersham County which is, in such case, owned by Habersham County or the authority and is used for airport purposes as provided in this Act. SECTION 2. Determination of need for the authority. The General Assembly determines and declares that there is a present and projected rapid growth in the commercial and private air traffic in Habersham County. There is the need for adequate airports safely and efficiently to serve the air transportation needs of this state and Habersham County through its metropolitan areas, the need to eliminate airport hazards, the need to raise large amounts of capital for the establishment, operation, and maintenance of present and future airports, and the need to coordinate the operation of various airports within certain metropolitan areas of the state. The General Assembly further determines and declares 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. Declaration of purposes. The purposes and objectives of this Act and the authority created by this Act shall be to meet the needs and requirements recognized in Section 2 of this Act through the establishment, maintenance, and operation of a unified and coordinated airport system in Habersham County; to ensure the orderly and proper use and growth of the public airport; to ensure that the maximum public benefit is obtained from the public airport that is presently in existence and future airports; to ensure proper planning and establishment of airports needed in the future; to ensure the maximum participation of this region and state in national and 3686 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II international programs of air transportation; and to promote public transportation and commerce, all to the end of providing the most effective and economical use of public airports for the public welfare, safety, and convenience. SECTION 4. Definitions. As used in this Act, unless the context in which they are used requires otherwise, the term: (1) "Airport" means any area of land or structure within the authority's jurisdiction as set out in Section 1 of this Act, 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 Habersham County for the establishment of a county airport, any land to be deeded to Habersham County for airport use, including, without limitation, aviation easements and other real or personal property. (2) "Airport hazard" means any structure, terrain, or object of natural growth which obstructs or impedes the airspace required for the flight, landing, or taking off of aircraft to or from an airport or any other thing that is hazardous to the flight, landing, or taking off of aircraft to or from an airport. (3) "County" means Habersham County, Georgia. (4) "Revenue Bond Law" means the provisions of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., as now or hereafter amended. SECTION 5. Members of the authority; qualifications. The authority shall be composed of five members who shall be appointed by the governing authority of Habersham County. Members of the authority shall possess general knowledge of or experience in general aviation or airport operations matters. GEORGIA LAWS 2011 SESSION 3687 SECTION 6. Initial terms and members. The initial members of the authority and their respective terms shall be as follows: Dick Sergent Two years Robert Ginn Four years Jack Fulbright Three years Hubert Lovell Two years David Stovall Three years Upon expiration of each of the member's initial terms, future terms shall be for four years each. SECTION 7. Election of officers, quorum, bylaws, procedures, and meetings. After the appointment of the initial members, the full membership of the authority shall meet as soon as practicable and shall elect one of its members as chairperson and one as vice chairperson, each of whom shall continue as voting members in such positions for the succeeding year and until their successors are elected. Thereafter, a chairperson and vice chairperson shall be elected in the same manner each year to serve for the succeeding year and until their successors are elected. The chairperson shall preside at meetings of the authority and the vice chairperson shall preside in his or her absence, and they shall have such other powers, duties, and responsibilities as are set out elsewhere in this Act and in the bylaws of the authority. The authority shall also designate a secretary to keep the minutes and records of the authority. A majority of the members of the authority shall constitute a quorum. A majority of the quorum may exercise any and all powers of the authority. The authority shall, as soon as practicable, adopt its own bylaws, rules of procedure, and rules of conduct of its business. The authority shall meet at least once a month and at such other times as it may deem necessary. SECTION 8. Compensation of members. The members shall receive no compensation but shall be reimbursed from the funds of the authority for reasonable and necessary expenses incurred in pursuing the business of the authority. 3688 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 9. Vacancies in authority. Should an appointed member vacate his or her office by resignation, death, removal, or for any other reason, the governing authority of the county shall, as soon as practicable, appoint another member as a member of the authority to complete the term of the vacating member. Until such time as a new member is appointed, the total number of members of the authority for the purposes of determining a quorum shall not include the vacating member. SECTION 10. Removal of members. Any member may be removed from office for good cause affecting his or her ability to perform his or her duties as a member, for misfeasance, malfeasance, or nonfeasance in office, or for violating the conflicts of interest provisions of this Act by vote of a majority of the governing authority of the county, but only after a public hearing at which such member is given the right to represent evidence on his or her own behalf and only upon a finding by a majority of the governing authority of the county that good cause for removal affecting the member's ability to perform his or her duties as a member exists, that he or she was guilty of misfeasance, malfeasance, or nonfeasance in office, or that he or she violated the conflicts of interest provisions of this Act. SECTION 11. Executive director, treasurer, and other administrative officers and employees. The authority may, subject to approval by the governing authority of the county, appoint and fix the compensation of an executive director under such terms and conditions as it deems appropriate. The executive director shall be the chief executive and operating officer of the authority. He or she shall have had experience as a business executive, preferably in connection with the field of aviation. Under the supervision of the authority and the governing authority of the county, the executive director shall be responsible for the operation, management, and promotion of all activities with which the authority is charged under this Act, together with such other duties as may be prescribed by the authority, and he or she shall have such powers as are necessarily incident to the performance of his or her duties and such other powers as may be granted by the authority and the governing authority of the county. Additionally, the authority may, subject to approval by the governing authority of the county, in a like manner appoint and fix the compensation of a treasurer who shall have custody of all moneys, funds, notes, bonds, and other securities as the authority may prescribe. The authority may also, subject to approval by the governing authority of the county, authorize and employ such other administrative officers and employees under such GEORGIA LAWS 2011 SESSION 3689 terms and conditions as the authority shall consider necessary and appropriate to effectuate its purposes under this Act. SECTION 12. Conflicts of interest. No member, officer, or employee of the authority shall have a financial interest, direct or indirect, in any contract with the authority or be financially interested, directly or indirectly, in the sale to the authority of any lands, material, supplies, or services, except on behalf of the authority as a member, officer, or employee. Any violation of the provisions of this section by a member of this authority shall be grounds for removal pursuant to Section 10 of this Act. Any violation of the provisions of this section by the executive director, any officer, or any employee of the authority shall be grounds for removal by the authority. SECTION 13. Powers of authority. The authority shall possess, subject to approval by the governing authority of the county and those conditions and limitations set out elsewhere in this Act, all the powers necessary or convenient for it to accomplish the purposes of this Act, including the following specific powers, which shall not be construed as a limitation upon the general or other specific powers conferred in this Act: (1) To adopt a seal to be used for the authentication of legal documents, obligations, contracts, and other instruments and to alter same at the pleasure of the authority; (2) To acquire by purchase, lease, gift, or otherwise and to hold, lease, sell, use, and dispose of real and personal property of every kind and character or any interest therein; (3) To request that the county exercise the power of eminent domain to acquire any private real property or any rights or interests therein, including any easements, as necessary or convenient for the accomplishment of the purposes of this Act, including the elimination of airport hazards, in accordance with the provisions of any and all existing laws applicable to the exercise of such power including, without limitation, the authority provided for in Code Section 6-3-22 of the O.C.G.A. The authority shall pay for any property condemned under this power from funds of the authority and in proceedings to condemn pursuant to this section. The court having jurisdiction of the suit, action, or proceedings may enter such orders regarding the payment for such property or interest therein as may be fair and just to the county, the authority, and to the owners of the property being condemned. Any such procedure shall suggest the method of payment to persons who own or have an interest in the property acquired by the authority; (4) To appoint, select, and contract for the services of engineers, architects, building contractors, accountants, and other fiscal agents, attorneys, and such other persons, firms, 3690 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II or corporations as are necessary to accomplish the purposes of this Act for such fees or compensation and under such terms and conditions as it deems appropriate; (5) 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; (6) To contract with any persons, firms, or public or private corporations to supply goods, commodities, facilities, and services to the public, employees of the authority, and employees of air carriers and other commercial interests located at any airport under the control of the authority under such terms and conditions as it may prescribe including the power to grant exclusive rights, franchises, or concessions; (7) To adopt and enforce reasonable rules and regulations for the orderly, safe, efficient, and sanitary operation of airports and related facilities under the control of the authority, to provide its own security force and peace officers with powers of arrest or to arrange for such security force or peace officers in connection with the municipality or county, and to prescribe reasonable penalties for the breach of any rule or regulation. All such rules, regulations, or orders shall become effective upon approval of the authority and after publication of a notice containing a substantive statement of the rule or regulation and the penalty for violation thereof in a newspaper of general circulation of the county in which rules and regulations are to be applied. The notice shall state that the breach of the rule or regulation will subject the violator to the penalty and shall state that the full text of all rules and regulations shall be maintained in the principal office of the authority where such text will be open to public inspection and perusal. All rules and regulations shall in fact be so maintained. Said rules and regulations, when promulgated as provided under this Act, shall be judicially recognized by and enforceable in the court of any municipality or the county in which airports under the control of the authority are located and having jurisdiction over the place where any violation occurs; (8) To provide fire protection and crash and rescue services or to arrange for such services in connection with any federal, state, municipal, or county agency or any private firm in the business of providing such services; (9) To make application, directly or indirectly, to any federal, state, county, or municipal government or agency or to any other source, public or private, for loans, grants, guarantees, or other financial assistance in aid of airports under the control of the authority and to accept and use such loans, grants, guarantees, or other financial assistance upon such terms and conditions as are prescribed by the federal, state, county, or municipal government or agency or other source; GEORGIA LAWS 2011 SESSION 3691 (10) To enter into agreements with the state, any state agency, county, municipality, or the federal government or any agency thereof to use in the performance of the functions of the authority, and facilities or services of the state or such agency, county, municipality, or the federal government or any agency thereof in order to accomplish the purpose as set forth in this Act; (11) To borrow money to accomplish any purposes and execute evidences of indebtedness therefor and secure such indebtedness in such manner as the authority may provide by resolution authorizing such indebtedness to be incurred; provided, however, that the authority shall not pledge for the payment of such indebtedness revenue pledged for the payment of any other indebtedness then outstanding or encumber property in violation of the terms of any existing contract, agreement, or trust indenture securing existing indebtedness; (12) To issue negotiable bonds, including revenue and refunding bonds, under such terms and conditions as it deems appropriate and to provide for the payment of same and for the rights of the holders therefor; (13) To enter into any financial arrangements whatsoever necessary to accomplish the purposes of this Act not prohibited by this Act or by the laws or Constitution of the State of Georgia; (14) To sell, lease, or otherwise dispose of surplus personal property and to sell, lease, or otherwise dispose of land and any improvements thereon acquired by the authority pursuant to law which the authority may determine is no longer required to accomplish the purposes of this Act, including property which is suitable for industrial development. Any such property may be sold, leased, or otherwise disposed of upon such terms and conditions as may be provided by resolution of the authority. The proceeds of any such sale may be used by the authority to accomplish any of the purposes of this Act; (15) To determine what usage may be made of airports subject to the control of the authority, including the power to determine what classes of aircraft may use particular airports in order to derive the maximum public benefit from all airports; (16) To exercise each and every power that any municipality or any county could exercise, under laws existing at the time this Act becomes law, over airports owned or operated by any municipality or any county which subsequently comes under the control of the authority under the provisions of this Act just as if the authority were the municipality or the county that previously owned or operated such airport and with regard to any future airport or airports not existing at the time this Act becomes law, the authority may exercise each and every power that the municipality or county could have exercised under this Act had the authority acquired the ownership or operation of any such airport or airports just as if the authority were the municipality or county; (17) To enter into contracts, leases, or other agreements with federally certificated air carriers, other commercial air carriers, and other commercial users of the authority's airports for the use of such airports under such terms and conditions as the authority deems 3692 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II appropriate and for such charges, rentals, and fees as the authority deems appropriate under the circumstances; (18) To enter into such agreement with any municipality or county presently operating airports of which the authority may subsequently assume control with respect to the manner of transfer of airport employees from any municipality or any county to the authority as the authority deems necessary and appropriate under the circumstances; (19) To establish a plan of civil service for officers and employees of the authority or to provide by resolution that such officers and employees of the authority shall be covered under any state, county, or municipal civil service plan which is available to such employees under the laws of this state or any county or municipality; and (20) To establish a plan for retirement, disability, hospitalization, and death benefits for officers and employees of the authority or to provide by resolution that such officers and employees shall be covered under any state, county, or municipal plan available to them under the laws of this state or any county or municipality. SECTION 14. Execution of contracts, leases, obligations, agreements, or other legal instruments. Any and all contracts, leases, obligations, agreements, or other legal instruments of the authority shall be approved by resolution of the authority and shall be executed by those individuals designated in such resolution and, in the absence of such designation, by the chairperson or vice chairperson. Nothing in this section shall prohibit general resolutions authorizing the executive director or other officers, agents, or employees to execute such contracts, leases, obligations, agreements, or other legal instruments as the authority may prescribe; provided, however, that all such contracts, leases, obligations, agreements, or other legal instruments shall be approved by the governing authority of the county. SECTION 15. Revenue bonds, "Revenue Bond Law" applicable. The authority shall have the power and is authorized, at one time or from time to time as it deems necessary to accomplish the purpose of this Act, to issue revenue bonds pursuant to the "Revenue Bond Law," subject to approval by the governing authority of the county. The authority is determined to be a municipality within the meaning of that law and is authorized to utilize any and all procedures set out in this Act and to exercise any and all powers of a municipality under such law. The members of the authority shall constitute the governing body as that term is used in such law. Except as otherwise provided in this Act, nothing in this section shall be construed so as to limit the power of the authority to issue any bonds authorized pursuant to paragraph (13) of Section 13 of this Act, except as provided in such law. The authority shall validate any bonds authorized in accordance with the "Revenue GEORGIA LAWS 2011 SESSION 3693 Bond Law." For purposes of validation of bonds under the "Revenue Bond Law," the authority shall be considered to be located in Habersham County. All revenue bonds issued under the provisions of this Act are declared to be issued for an essential public and governmental purpose and said bonds and the income therefrom shall be exempt from all taxation within the state. SECTION 16. Property of authority deemed to be public property. It is declared that all property of the authority held pursuant to the terms of this Act, whether real or personal, tangible or intangible, and of any kind or nature and any income or revenue therefrom is held for an essential public and governmental purpose and all such property is deemed to be public property. SECTION 17. Transfer of airport and related facilities to authority; public necessity. The authority shall by resolution, at such times as shall be deemed appropriate, determine what public airports within its jurisdiction as set out in Section 1 of this Act are necessary to accomplish the purposes of this Act and shall inform the governing authority of the county of such determination and request that the governing authority convey by deed all of the right and interest in real property and any other property making up such airports owned by Habersham County to the authority for a proper consideration within such time as the authority may prescribe, subject to the provisions of Section 19 of this Act. It is declared that the conveyance of such property is necessary and essential in order to accomplish the purposes of this Act so as to secure the public welfare, safety, and convenience. SECTION 18. Transfer of contracts to authority. Upon conveyance of any airport to the authority pursuant to Section 17 of this Act, all contracts, commitments, leases, and other obligations of Habersham County with respect to such airport shall be transferred to the authority, and the authority shall stand in the place of Habersham County for the purposes of such contracts, commitments, leases, or other obligations, subject to the provisions of Section 19 of this Act. SECTION 19. Airport subject to control of authority. Any airport acquired by the authority pursuant to this Act or acquired by the authority in any legal manner, and any other property held by the authority, shall be under the control of the 3694 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II authority, and the authority shall have the right to exercise any and all of the powers set out in this Act in regard thereto. SECTION 20. Powers of authority limited to airports. All of the powers, general and specific, granted to the authority pursuant to this Act shall be exercised only in regard to airports and are subject to approval of the governing authority of the county. The authority shall not have the power to plan, construct, finance, operate, or maintain any facilities other than airports and related facilities; provided, however, that nothing in this section shall be construed to prohibit the authority from cooperating with other federal, state, county, or municipal governmental agencies or public corporations in order to coordinate other types of facilities with airports under the control of the authority or purchasing, selling, exchanging, or otherwise acquiring any property from or with such agencies or corporations. SECTION 21. Funds of authority to be used only for airports. The funds of the authority, from whatever source, shall be used only in support of airports as defined in this Act, but nothing in this section shall prohibit the authority from making, subject to approval by the governing authority of the county, any and all expenditures of any kind or nature necessary to support such airports under the control of the authority. SECTION 22. Publication of financial report and budget. The authority shall keep separate books and accounts showing receipts from all sources and expenditures for all purposes and shall deposit all funds received by it, including appropriations that may be made by the county, and all revenues and in a bank named as depository of the authority. SECTION 23. Maintenance of roads, taxiways, and runways. The county shall continue to maintain the roads, taxiways, and runways of the authority at no cost to the authority. Such roads, taxiways, and runways shall be maintained accordingly to meet minimum standards as set forth by the Federal Aviation Administration, this state, and the county. GEORGIA LAWS 2011 SESSION 3695 SECTION 24. Revenues. All fees, charges, tolls, rentals, or other revenues derived from the operation or lease of such airports or landing fields shall be used by said authority to meet in whole or in part the expenses of operation and maintenance of such airports or landing fields. In the event the revenue from the operation or lease of such airports or landing fields exceeds the expenses of operation and maintenance, such excess shall be used for further developments or improvements on such airports or the equipment of such airports or landing fields and if not so used may, at the discretion of the authority, be paid to the county. SECTION 25. Appropriated funds. The authority shall have the control and expenditure of any funds that may be appropriated to it by the county for the construction, development, maintenance, improvement, and operation of airports or landing fields. SECTION 26. Immunity from liability. The authority shall have the same immunity and exemption from liability from torts and negligence as the state and the county, and members, officers, agents, and employees of the authority while in performance of the work of the authority shall have the same immunity and exemption from liability from torts and negligence as the officers, agents, and employees of the state and the county when in performance of their public duties or work of the state or the county. SECTION 27. Tax exemption of the authority. It is found, determined, and declared that the creation of the authority and the carrying out of its authorized purposes are in all respects for the benefit of the people of this state and county and constitute a public purpose and that the authority will be performing an essential governmental function in the exercise of the power conferred upon it by this Act. 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 or maintenance of the facilities erected, maintained, or acquired by it nor upon any fees, rentals, or other charges for the use of such facilities or other income received by the authority. It is covenanted with the holders from time to time of the bonds, notes, and other obligations issued under this Act that the authority shall not be required to pay any taxes or 3696 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II assessments imposed by the state or any of its counties, municipal corporations, political subdivisions, or taxing districts on any property acquired by the authority or under its jurisdiction, control, possession, or supervision or leased by it to others or upon its activities in the operation or maintenance of any such property or on any income derived by the authority in the form of fees, recording fees, rentals, charges, purchase price, installments, or otherwise, and that the bonds, notes, and other obligations of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. SECTION 28. Dissolution of authority. In the event of dissolution of the authority, all property, real and personal and tangible and intangible, shall revert to and be the property of the county, subject to all rights and encumbrances thereon, provided that the county, by acceptance thereof, shall fulfill all obligations of the authority. SECTION 29. Principal office of authority; service of process. The principal office of the authority shall be 1112 Airport Road, Cornelia, Georgia, 30531. Service of process on the authority may be effectuated upon the executive director or other officers of the authority as in the case of private corporations incorporated or domesticated under the laws of this state. SECTION 30. Severability; should any portion of this Act be held invalid. The terms and provisions of this Act are severable. Should any section, subdivision, sentence, clause, or phrase of this Act, or the application thereof to any person or circumstances for any reason be held by a court of competent jurisdiction to be invalid or void, the validity of the remainder of this Act or the application of such provision to other persons or circumstances shall not be affected thereby to the extent that any remaining portion of the Act may reasonably be given effect without the invalid or void portion. SECTION 31. Cumulative with nonconflicting existing laws. This Act shall not be construed so as to repeal any laws or parts thereof not directly in conflict with this Act, and the provisions of this Act shall be cumulative with existing laws on the subject or existing laws which authorize the doing of things authorized by this Act unless they are in direct conflict with this Act. GEORGIA LAWS 2011 SESSION 3697 SECTION 32. 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 2011 session of the General Assembly of Georgia a bill to establish an airport authority for Habersham County; to declare the need for an airport authority; to designate the name of the authority; to declare the purposes and objectives of this Act; to define certain terms; to provide for the membership of the authority; to provide for the terms of office of the authority members; to provide for the election of officers, quorum, bylaws, procedures, and meetings; to provide for compensation of members; to provide for the filling of vacancies; to provide for removal of members; to provide for the appointment and compensation of an executive director, treasurer, and other administrative officers and employees of the authority; to provide that no member, officer, or employee of the authority shall have any financial dealings with the authority; to provide that any member, officer, or employee having financial dealing with the authority shall be subject to removal; to provide for the powers of such authority; to define the types of activity in which the authority is prohibited from engaging and otherwise to restrict the powers of the authority; to provide for the execution of contracts, leases, and other legal documents; to provide for the location of such authority; to provide for the issuance and validation of revenue bonds; to provide that the property of the authority shall be deemed to be public property; to provide for the transfer of airports and related facilities from the county to the authority; to provide that airports acquired by the authority shall be subject to the control of the authority; to provide that the powers of the authority shall be limited to airports; to provide that the funds of the authority shall be used only for airports; to provide for the keeping of books and accounts; to provide for the use of revenues; to provide for the use of appropriations; to provide for maintenance of roads, taxiways, and runways; to provide for immunity from liability; to provide for exemption from taxation; to provide for rights of personnel; to provide for dissolution; to provide for lease of certain lands; to provide for service of process; to provide for severability; to repeal conflicting laws; and for other purposes. Representative Rick Austin District 10 3698 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 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 11, 2011, 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 14th day of March 2011. s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL) Approved April 20, 2011. __________ JEFFERSON COUNTY BOARD OF ELECTIONS AND REGISTRATION; CREATION. No. 37 (House Bill No. 566). AN ACT To create a board of elections and registration for Jefferson County and to provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for certain expenditures of public funds; to provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for related matters; to provide for submission GEORGIA LAWS 2011 SESSION 3699 under 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. 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 Jefferson County, hereinafter referred to as "the board." The board shall have the powers, duties, and responsibilities of the superintendent of elections of Jefferson 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 Jefferson County, and the powers, duties, and responsibilities of the Board of Registrars of Jefferson County under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." SECTION 2. The terms "election," "elector," "political party," "primary," and "public office" shall have the same meanings as set forth in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," unless otherwise clearly apparent from the text of this Act; and the term "commissioners" means the Board of Commissioners of Jefferson County, and "county" means Jefferson County. SECTION 3. (a) The board shall be composed of a chairperson and four members who shall be appointed as provided in this section. (b) The initial members of the board shall be appointed by the commissioners. The chairperson of the board shall be selected by a majority of its members. (c) The initial terms of office for two of the members shall be for two years, and the members shall serve until their respective successors are appointed and qualified. The initial terms of office for three of the members shall be for four years, and the members shall serve 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 and every four years thereafter for terms of four years and until their respective successors are appointed and qualified. 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. 3700 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II (b) Members of the board shall be residents of Jefferson County and shall have been registered voters in Jefferson County for a period of at least one year prior to the date of their appointment to the board. SECTION 5. The commissioners shall certify the appointment of each member of the board to 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 of such certifications on the minutes of the superior court and shall certify the name of each such appointed member to the Secretary of State and provide for the issuance of appropriate commissions to the members within the same time and in the same manner as provided by law for registrars. SECTION 6. Each member of the board shall have the right to resign at any time by giving written notice of such resignation to the governing authority of Jefferson County and to the clerk of the superior court and shall be subject to removal from 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 commissioners 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. GEORGIA LAWS 2011 SESSION 3701 (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 monthly meetings at times, dates, and locations as determined by the board. Any specially called meeting shall be called by the chairperson or any three members of the board. The board shall maintain a written record of policy decisions amended to include additions or deletions. Such written records shall be made available for the public to review. SECTION 10. The board shall have the authority to contract with any municipality located within Jefferson County for the holding by the board of any primary or election to be conducted within such municipality. SECTION 11. (a) The board shall be authorized to appoint an 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 be considered an employee of Jefferson County and shall be entitled to the same benefits as other employees of Jefferson County. (b) The board, subject to funding by the governing authority of Jefferson County, 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 Jefferson County and shall be entitled to the same benefits as other employees of Jefferson County. Such employees shall be hired by the elections supervisor with the approval of the board. SECTION 12. Compensation for the members of the board, elections supervisor, clerical assistants, and other employees shall be fixed by the governing authority of Jefferson County, provided that the members of the board shall receive compensation in at least the amount provided in subsection (d) of Code Section 21-2-212 of the O.C.G.A. Such compensation shall be paid wholly from county funds. SECTION 13. The governing authority of Jefferson County shall provide the board with such proper and suitable offices, equipment, materials, and supplies as the governing authority of Jefferson County deems appropriate. SECTION 14. The board of commissioners of Jefferson County shall through its legal counsel cause this Act to be submitted for preclearance under Section 5 of the federal Voting Rights Act of 3702 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 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 the first day of the month following the month in which it is approved by the Governor or becomes law without such approval. Upon this Act becoming effective, the judge of the Probate Court of Jefferson County and the Board of Registrars of Jefferson 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 Jefferson County shall be abolished, but the members of the Board of Registrars shall become the initial members of the board as provided in this Act. 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 2011 session of the General Assembly of Georgia a bill to create a board of elections and registration for Jefferson County and to provide for its powers and duties; to provide for related matters; to provide for submission under Section 5 of the federal Voting Rights Act of 965, as amended; and for other purposes. Representative Mack Jackson District 142 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 News and Farmer/The Jefferson Reporter which is the official organ of Jefferson County on March 10, 2011, and that the notice requirements of Code Section 28-1-14 have been met. s/ MACK JACKSON Mack Jackson Representative, District 142 GEORGIA LAWS 2011 SESSION 3703 Sworn to and subscribed before me, this 16th day of March 2011. s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL) Approved April 20, 2011. __________ BROOKS COUNTY BOARD OF ELECTIONS AND REGISTRATION; CREATION. No. 38 (House Bill No. 573). AN ACT To create a board of elections and registration for Brooks 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 Brooks County Board of Elections and Registration. (2) 'Commissioners' means the Brooks County Board of Commissioners. (3) 'County' means Brooks County. 3704 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II (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 Brooks 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 Brooks 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, 2011. All members of the board shall be appointed by the Board of Commissioners of Brooks County. The commissioners shall designate one of the initial members to serve for a term ending on December 31, 2014; one of the initial members to serve a term ending on December 31, 2013, and one of the initial members to serve for a term ending on December 31, 2012, and until their successors are duly appointed and qualified. Upon the expiration of each initial term all subsequent terms shall be for a four-year period. (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. (d) No member of the board shall be related by blood or marriage closer than first cousins to any elected official in Brooks County nor shall any member of the board be an agent, an appointed official, or employee of, or work directly for, any agency of state government, Brooks County, or any municipality for which the board conducts municipal elections. SECTION 4. 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. Any person appointed to fill a vacancy shall serve out the unexpired term of office. GEORGIA LAWS 2011 SESSION 3705 SECTION 5. Each member of the board shall be eligible to serve consecutive terms 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 Brooks 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. 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, 2011, the elections superintendent of Brooks County and the board of registrars of Brooks 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 Brooks 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. 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 3706 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 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. The governing authority of Brooks County 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 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 Administrator. SECTION 12. The elections supervisor shall be authorized to employ such 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. 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. GEORGIA LAWS 2011 SESSION 3707 SECTION 16. The board shall have the authority to contract with any municipality located within Brooks 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 upon its approval by the Governor or upon its becoming law without such approval. (b) For all other purposes, this Act shall become effective on July 1, 2011. 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 2011 session of the General Assembly of Georgia a bill to create a board of elections and registration for Brooks County and to provide 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 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 submission under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for effective dates; and for other purposes. State Representative Ellis Black District 174 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ellis Black, who on oath deposes and says that he is the Representative from District 174 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Quitman Free Press which is the official organ of Quitman County on March 9, 2011, and that the notice requirements of Code Section 28-1-14 have been met. 3708 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II s/ ELLIS BLACK Ellis Black Representative, District 174 Sworn to and subscribed before me, this 21st day of March 2011. s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL) Approved April 20, 2011. __________ CITY OF TUNNEL HILL REDEVELOPMENT POWERS; REFERENDUM. No. 39 (House Bill No. 575). AN ACT To authorize the City of Tunnell Hill 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 Tunnell Hill shall be and is authorized to exercise all redevelopment and other powers under Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended. The intention of this Act is to authorize the City of Tunnell Hill to undertake and carry out community redevelopment, to create tax allocation districts, to issue tax allocation bonds, and to incur other obligations within the meaning of and as fully permitted under the provisions of Article IX, Section II, Paragraph VII of the Constitution of the State of Georgia of 1983, as amended, and to authorize the City of Tunnell Hill to exercise redevelopment powers as fully as the "Redevelopment Powers Law" may now or hereafter permit and not to limit any redevelopment powers permitted under the "Redevelopment Powers Law." GEORGIA LAWS 2011 SESSION 3709 SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Tunnell Hill shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Tunnell Hill 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 Whitfield County. The ballot shall have written or printed thereon the words: "( ) YES Shall the Act be approved which authorizes the City of Tunnell Hill to exercise redevelopment powers under the 'Redevelopment Powers Law' as ( ) NO it may be amended from time to time?" All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become of full force and effect immediately. If Section 1 of this Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Tunnell Hill. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State. SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Notice is hereby given that there will be introduced during the 2011 regular session of the General Assembly of Georgia a bill relative to authorizing The City of Tunnell Hill to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of the Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; and for other purposes." This 18th day of March, 2011. Rep. Tom Dickson, Georgia House of Representatives, 6th District 3710 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II Rep. Roger Williams, Georgia House of Representatives, 4th District 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, 2011, 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 21st day of March 2011. s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL) Approved April 20, 2011. __________ HANCOCK COUNTY BOARD OF ELECTIONS AND REGISTRATION; CREATION. No. 40 (Senate Bill No. 173). AN ACT To create a board of elections and registration for Hancock 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 GEORGIA LAWS 2011 SESSION 3711 public funds; to provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for related matters; to provide for submission under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes. 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 Hancock County, hereinafter referred to as "the board." The board shall have the powers, duties, and responsibilities of the superintendent of elections of Hancock 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 Hancock County, and the powers, duties, and responsibilities of the Board of Registrars of Hancock County under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." SECTION 2. The terms "election," "elector," "political party," "primary," and "public office" shall have the same meanings as set forth in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," unless otherwise clearly apparent from the text of this Act; and the term "commissioners" means the Board of Commissioners of Hancock County and "county" means Hancock County. SECTION 3. (a) The board shall be composed of a chairperson and four members who shall be appointed as provided in this section. (b)(1) The initial members of the board shall be selected not later than July 1, 2011. (2) The county executive committee of the political party that nominated a candidate for the office of Governor at the last election for such office and whose candidate received the highest number of votes cast for such office in such general election shall appoint two members of the board. One of the appointees shall be designated by the county executive committee to serve a term of office beginning July 1, 2011, and ending on December 31, 2012, and one of the appointees shall be designated by the county executive committee to serve a term of office beginning July 1, 2011, and ending on December 31, 2014. (3) The county executive committee of the political party that nominated a candidate for the office of Governor at the last election for such office and whose candidate received the second highest number of votes cast for such office in such general election shall appoint two members of the board. One of the appointees shall be designated by the county executive committee to serve a term of office beginning July 1, 2011, and ending on December 31, 2012, and one of the appointees shall be designated by the county executive 3712 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II committee to serve a term of office beginning July 1, 2011, and ending on December 31, 2014. (4) The chief judge of the Superior Court of Hancock County shall appoint one member of the board. Such appointee shall serve a term of office beginning July 1, 2011, and ending on December 31, 2014. Such appointee shall serve as chairperson of the board. (5) Successors to the initial members of the board shall be appointed by the respective original appointing authorities at least 30 days immediately prior to the expiration of each respective member's term of office. Such successors shall serve four year terms of office and until their respective successors are appointed and qualified. (6) In the event that there is no county executive committee in Hancock County of a political party that is entitled to appoint members of the board, the state executive committee of such party shall make the appointments. 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 Hancock County and must have been registered voters in Hancock County for a period of at least one year prior to the date of their appointment to the board. SECTION 5. Each appointing authority shall certify the appointment of each member of the board to 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 that such member has been duly appointed as provided in this Act. The clerk of the superior court shall record each of such certifications on the minutes of the superior court and shall certify the name of each such appointed member to the Secretary of State and provide for the issuance of appropriate commissions to the members within the same time and in the same manner as provided by law for registrars. SECTION 6. Each member of the board shall have the right to resign at any time by giving written notice of such resignation to the appointing authority by which such member was appointed and to the clerk of the superior court and shall be subject to removal from the board by the chief judge of the Superior Court of Hancock County at any time, for cause, after notice and hearing. GEORGIA LAWS 2011 SESSION 3713 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 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 have regular monthly meetings at times, dates, and locations as determined by the board. Any specially called meeting shall be called by the chairperson or any three members of the board. The board shall maintain a written record of policy decisions amended to include additions or deletions. Such written records shall be made available for the public to review. SECTION 10. The board shall have the authority to contract with any municipality located within Hancock County for the holding by the board of any primary or election to be conducted within such municipality. SECTION 11. (a) The board shall be authorized to appoint an 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 be considered an employee of Hancock County and shall be entitled to the same benefits as other employees of Hancock County. (b) The board, subject to funding by the governing authority of Hancock County, shall be authorized to employ additional clerical assistants as needed to carry out the duties and 3714 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II functions of the board. All such clerical assistants shall be considered to be employees of Hancock County and shall be entitled to the same benefits as other employees of Hancock County. Such employees shall be hired by the elections supervisor with the approval of the board. SECTION 12. Compensation for the members of the board, elections supervisor, clerical assistants, and other employees shall be fixed by the governing authority of Hancock County. Such compensation shall be paid in equal monthly installments wholly from county funds. SECTION 13. The governing authority of Hancock County shall provide the board with such proper and suitable offices, equipment, materials, and supplies as the governing authority of Hancock County deems appropriate. SECTION 14. The board of commissioners of Hancock County shall through its legal counsel cause this Act to be submitted for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended, and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval. SECTION 15. This Act shall become effective upon its approval by the Governor or its becoming law without such approval. On July 1, 2011, the judge of the Probate Court of Hancock County and the Board of Registrars of Hancock 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 Hancock County shall be abolished. SECTION 16. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2011 session of the General Assembly of Georgia a bill to create a board of elections and registration for Hancock 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 GEORGIA LAWS 2011 SESSION 3715 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 submission under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates; and for other purposes. Senator Johnny Grant District 25 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 Sparta Ishmaelite which is the official organ of Hancock County on February 24, 2011, and that the notice requirements of Code Section 28-1-14 have been met. s/ JOHNNY GRANT Johnny Grant Senator, District 25 Sworn to and subscribed before me, this 28th day of February, 2011. s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL) Approved April 20, 2011. __________ 3716 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II BRANTLEY COUNTY BOARD OF EDUCATION; NONPARTISAN ELECTIONS. No. 41 (Senate Bill No. 195). AN ACT To amend an Act entitled "An Act to provide for the election of members of the Board of Education of Brantley County," approved April 17, 1975 (Ga. L. 1975, p. 3937), as amended, so as to provide for nonpartisan elections for such members; 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act entitled "An Act to provide for the election of members of the Board of Education of Brantley County," approved April 17, 1975 (Ga. L. 1975, p. 3937), as amended, is amended by revising Section 2 of Article II as follows: "Section 2. Candidates offering for election to said board of education shall designate the education post for which they are offering. There shall be elected one member from each of said posts. No person shall be eligible as a candidate for election to said board of education unless he shall have been a bona fide resident of Brantley County for at least one year immediately preceding the date of the election. Candidates shall be elected by a majority vote of the qualified voters of the entire county voting in an election conducted for the purpose of electing members of the Board of Education of Brantley County. All members shall be elected in nonpartisan elections held and conducted in conjunction with the November general election as authorized in Code Section 20-2-56 and as provided in Code Section 21-2-139 of the O.C.G.A. All elections shall be conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'" SECTION 2. The Board of Education of Brantley County shall cause, through its legal counsel, this Act to be submitted for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended, within 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. GEORGIA LAWS 2011 SESSION 3717 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2011 session of the General Assembly of Georgia a bill to amend an Act entitled, "An Act to provide for the election of members of the Board of Education of Brantley County," approved April 17, 1975 (Ga. L. 1975. p 3937), as amended, and for other purposes. Senator William Ligon, Jr. District 3 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William Ligon, who on oath deposes and says that he is the Senator from District 3 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Brantley Express which is the official organ of Brantley County on February 10, 2011, and that the notice requirements of Code Section 28-1-14 have been met. s/ WILLIAM LIGON William Ligon Senator, District 3 Sworn to and subscribed before me, this 2nd day of March 2011. s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL) Approved April 20, 2011. __________ 3718 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II HENRY COUNTY JUDGE OF PROBATE COURT; NONPARTISAN ELECTIONS. No. 42 (Senate Bill No. 200). AN ACT To provide that future elections for the office of judge of the Probate Court of Henry County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. All elections for the office of judge of the Probate Court of Henry County conducted after January 1, 2012, shall be nonpartisan elections as provided for in Code Section 21-2-139 of the O.C.G.A. Such nonpartisan election shall be held at the nonpartisan general election immediately preceding the expiration of the term of office of such judge of probate court and shall be conducted as provided in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." SECTION 2. Nothing in this Act shall affect the term of office of the judge of the Probate Court of Henry County in office on January 1, 2012. The sitting judge of the probate court shall serve out the term of office for which he or she was elected and shall be eligible to succeed himself or herself as provided in this Act. SECTION 3. The governing authority of Henry County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended, no later than 60 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced in the regular session of the 2011 Georgia General Assembly local legislation so as to provide for the election of the probate GEORGIA LAWS 2011 SESSION 3719 judge of the Henry County Probate court in nonpartisan primaries and elections; to provide an effective date; and for other purposes. Elizabeth "BJ" Mathis, Chairman Board of Commissioners for Henry County, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Emanuel Jones, who on oath deposes and says that he is the Senator from District 10 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 February 18, 2011, and that the notice requirements of Code Section 28-1-14 have been met. s/ EMANUEL JONES Emanuel Jones Senator, District 10 Sworn to and subscribed before me, this 3rd day of March 2011. s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL) Approved April 20, 2011. __________ HENRY COUNTY BOARD OF COMMISSIONERS; TERMS; VACANCIES. No. 43 (Senate Bill No. 201). AN ACT To amend an Act providing for a new Board of Commissioners of Henry County, approved March 28, 1974 (Ga. L. 1974, p. 3680), as amended, particularly by an Act approved April 4, 1990 (Ga. L. 1990, p. 5232), and by an Act approved April 25, 2002 (Ga. L. 2002, p. 4159), 3720 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II so as to provide for terms of office; to change the method of filling vacancies; 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing for a new Board of Commissioners of Henry County, approved March 28, 1974 (Ga. L. 1974, p. 3680), as amended, particularly by an Act approved April 4, 1990 (Ga. L. 1990, p. 5232), and by an Act approved April 25, 2002 (Ga. L. 2002, p. 4159), is amended in Section 2 by designating the provisions of subsection (a) as paragraph (1) of subsection (a) and by adding a new paragraph to read as follows: "(2) The members of the board of commissioners serving on July 1, 2011, shall continue to serve the remainder of their terms and until their successors are duly elected and qualified. The successor to the commissioner from Commissioner District 3 shall be elected at the general election in 2012 and shall take office on January 1, 2013, to serve a term of two years. His or her successors shall be elected quadrennially thereafter to serve terms of four years. The terms of office of the remaining commissioners shall be unaffected by the provisions of this paragraph." SECTION 2. Said Act is further amended in Section 3 by revising paragraph (1) of subsection (c) as follows: "(1) If, at the time the vacancy occurs, there are less than 360 days until the date of the next general election, a qualified successor from the district in which the vacancy occurred shall be elected by the remaining members of the board to serve until the first day of January following the next general election. A qualified successor shall be elected at the next general election to serve for the balance of the unexpired term or for the next term, whichever shall be applicable, and shall take office immediately upon the results of such election being certified by the election superintendent. If the vacancy is in the office of chairperson, the vice chairperson shall serve as chairperson until a successor shall be elected as provided herein, and, during such period, the board of commissioners shall be composed of five members." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the 2011 session of the General Assembly of Georgia a bill to amend Henry County Ordinance No. 2-2-18, codified at GEORGIA LAWS 2011 SESSION 3721 Ga. Laws, 1974, P. 3680, Act. No. 1323, 2A; Ga. Laws 1982, P. 3638, Act. No. 880, 1, by adding language that will allow for a balanced election cycle for Henry County Board of Commissioners, so as to provide that effective January 1, 2013, Commission District III will be changed temporarily to a two (2) year term, for one election cycle and thereafter, revert to a four (4) year term for all future successors to be elected during the same election cycle as Commissioner Districts IV and V; to provide an effective date; repeal conflicting law; and for other purposes. Elizabeth "BJ" Mathis, Chairman Board of Commissioners for Henry County, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Emanuel Jones, who on oath deposes and says that he is the Senator from District 10 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 February 18, 2011, and that the notice requirements of Code Section 28-1-14 have been met. s/ EMANUEL JONES Emanuel Jones Senator, District 10 Sworn to and subscribed before me, this 3rd day of March 2011. s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL) Approved April 20, 2011. __________ 3722 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II HENRY COUNTY HENRY COUNTY GOVERNMENTAL SERVICES AUTHORITY; ADD AIRPORT FACILITIES; POWERS; REFUNDING REVENUE BONDS; INVESTMENTS. No. 44 (Senate Bill No. 202). AN ACT To amend an Act entitled "An Act to create the Henry County Governmental Services Authority," approved May 6, 2005 (Ga. L. 2005, p. 4014), so as to add airport facilities within the definition of the term "authority"; to modify and clarify the powers of the authority; to provide for the issuance of refunding revenue bonds; to modify the investments authorized for moneys of the authority; to expand the purpose of the authority to include providing public airports and landing fields; 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 the Henry County Governmental Services Authority," approved May 6, 2005 (Ga. L. 2005, p. 4014), is amended by revising paragraph (3) of Section 3 as follows: "(3) 'Project' means roads, streets, and bridges necessary or convenient for efficient surface transportation in Henry County, Georgia, and any other political subdivision of the State of Georgia located within Henry County, Georgia. Such term also means and includes public airports and landing fields for the use of aircraft, related buildings and structures, and facilities, buildings, and structures usual or convenient to be located at or co-located with such undertakings; extensions and improvements of such facilities; and the acquiring of necessary or convenient property, both real and personal, so as to assure the efficient and proper development, maintenance, and operation of such airports and landing fields deemed by the authority to be necessary, convenient, or desirable for the operation of such airports and landing fields anywhere within or for Henry County." SECTION 2. Said Act is further amended by revising paragraph (4) of Section 4 as follows: "(4) To appoint, select, and employ officers, agents, and employees of every kind, including but not limited to engineering, architectural, interior design and construction experts, fiscal agents, underwriters, investment bankers, attorneys, developers, and consultants, and to fix their respective compensations; provided, however, that the authority shall not employ the services of or authorize compensation for any attorney or law firm who or which is also employed or retained by Henry County or any other GEORGIA LAWS 2011 SESSION 3723 political subdivision located in Henry County, except that nationally recognized bond counsel may be employed and compensated notwithstanding that such attorney or law firm is employed or retained by said county or other political subdivisions, and except that the Henry County attorney may be engaged by and perform legal services for the authority without compensation." SECTION 3. Said Act is further amended by inserting at the end of Section 5 the following: "(c) The authority is authorized to provide by resolution for the issuance of revenue refunding bonds of the authority for the purpose of refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities, and all other related details, the rights of the holders of such bonds, and the duties of the authority in respect to the same shall be governed by this section insofar as the same may be applicable." SECTION 4. Said Act is further amended by revising paragraphs (1) and (2) of Section 13 as follows: "(1) Investments authorized by O.C.G.A. Section 36-82-7, as amended from time to time; (2) Such investments other than those stated in paragraph (1) of this section as Henry County is authorized by law to invest the moneys of Henry County;" SECTION 5. Said Act is further amended by revising Section 23 as follows: "SECTION 23. Purpose of the authority. Without limiting the generality of any provision of this Act, the general purpose of the authority is declared to be that of providing roads, streets, bridges, public airports and landing fields, and associated properties and facilities benefiting the residents of Henry County, Georgia." SECTION 6. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the 2011 Session of the General Assembly of Georgia a bill to amend certain provisions of the "Henry County Governmental 3724 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II Services Authority Act" (Ga. L. 2005, Vol. 2, pp. 4014, et seq.); to provide for an effective date; repeal conflicting law; and for other purposes. Elizabeth "BJ" Mathis, Chairman Board of Commissioners for Henry County, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Emanuel Jones, who on oath deposes and says that he is the Senator from District 10 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 February 24, 2011, and that the notice requirements of Code Section 28-1-14 have been met. s/ EMANUEL JONES Emanuel Jones Senator, District 10 Sworn to and subscribed before me, this 3rd day of March 2011. s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL) Approved April 20, 2011. __________ UNION COUNTY MAGISTRATE COURT; CHIEF MAGISTRATE; NONPARTISAN ELECTIONS. No. 82 (House Bill No. 193). AN ACT To amend an Act providing that the judge of the Probate Court of Union County shall serve as chief magistrate of the Magistrate Court of Union County, approved February 25, 1997 (Ga. L. 1997, p. 3504), as amended, particularly by an Act approved April 9, 1999 GEORGIA LAWS 2011 SESSION 3725 (Ga. L. 1999, p. 3799), so as to provide that the chief magistrate shall be elected on a nonpartisan basis; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing that the judge of the Probate Court of Union County shall serve as chief magistrate of the Magistrate Court of Union County, approved February 25, 1997 (Ga. L. 1997, p. 3504), as amended, particularly by an Act approved April 9, 1999 (Ga. L. 1999, p. 3799), is amended by revising subsection (a) of Section 1 as follows: "(a) The chief magistrate of Union County on the effective date of this Act shall continue to serve as such until the expiration of his or her term of office on December 31, 2012. At the nonpartisan general election of 2012, a successor chief magistrate shall be elected by the voters of Union County for a term of four years beginning on January 1, 2013, and until a successor is elected and qualified. Thereafter, successor chief magistrates shall be elected by the voters of Union County at the nonpartisan general election immediately preceding the expiration of the term of office and shall take office on the first day of January immediately following such election for a term of four years and until a successor is elected and qualified. All elections for the office of chief magistrate of Union County conducted after the effective date of this subsection shall be nonpartisan elections as provided for in Code Section 21-2-139 of the O.C.G.A. and shall be held and conducted as provided in Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'" SECTION 2. Nothing in this Act shall affect the term of office of the chief magistrate of Union County in office on the effective date of this Act. The sitting chief magistrate shall serve out the term of office for which such chief magistrate was elected and shall be eligible to succeed himself or herself as provided in this Act. SECTION 3. The governing authority of Union County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended, not later than 60 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval. SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. 3726 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 5. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2011 session of the General Assembly of Georgia a bill to amend an Act providing that the judge of the Probate Court of Union County shall serve as Chief Magistrate of the Magistrate Court of Union County, approved February 25, 1997 (Ga. L. 1997, p. 3504), as amended, particularly by an Act approved April 9, 1999 (Ga. L. 1999, p. 3799), so as to provide that the Chief Magistrate shall be elected on a nonpartisan basis; 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 provide an effective date; to repeal conflicting laws; and for other purposes. Representative Stephen Allison, District 8 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 North Georgia News which is the official organ of Union County on January 19, 2011, 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 31st day of January 2011. s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL) Approved May 11, 2011. __________ GEORGIA LAWS 2011 SESSION 3727 UNION COUNTY JUDGE OF PROBATE COURT; NONPARTISAN ELECTIONS. No. 83 (House Bill No. 194). AN ACT To provide that future elections for the office of judge of the probate court of Union County shall be nonpartisan elections; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. All elections for the office of judge of the probate court of Union County conducted after January 1, 2012, shall be nonpartisan elections as provided for in Code Section 21-2-139 of the O.C.G.A. and shall be held and conducted as provided in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." SECTION 2. Nothing in this Act shall affect the term of office of the judge of the probate court of Union County in office on January 1, 2012. The sitting judge of the probate court shall serve out the term of office for which he or she was elected and shall be eligible to succeed himself or herself as provided in this Act. SECTION 3. The governing authority of Union County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended, no later than 60 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval. SECTION 4. This Act shall become effective on January 1, 2012. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. 3728 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 2011 session of the General Assembly of Georgia a bill to provide that future elections for the office of judge of the probate court of Union County shall be nonpartisan elections; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Representative Stephen Allison, District 8 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 North Georgia News which is the official organ of Union County on January 19, 2011, 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 31st day of January 2011. s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL) Approved May 11, 2011. __________ GEORGIA LAWS 2011 SESSION 3729 CITY OF PEACHTREE CORNERS INCORPORATION. No. 90 (House Bill No. 396). AN ACT To incorporate the City of Peachtree Corners; to provide a charter; to provide for boundaries and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a mayor and mayor pro tempore and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, and other personnel and matters relating thereto; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof and other matters relative to those judges; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; to provide for elections; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for auditing, accounting, budgeting, and appropriations; to provide for city contracts and purchasing; to provide for the conveyance of property and interests therein; to provide for bonds for officials; to provide for prior ordinances and rules, pending matters, and existing personnel; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I INCORPORATION AND POWERS SECTION 1.10. Name. This Act shall constitute the charter of the City of Peachtree Corners. The city and the inhabitants thereof are constituted and declared a body politic and corporate under the name and style "City of Peachtree Corners, Georgia," and by that name shall have perpetual succession. 3730 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 1.11. Corporate boundaries. (a) The boundaries of this city shall be those set forth and described in Appendix A of this charter, and said Appendix A is incorporated into and made a part of this charter. The boundaries of this city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the city clerk and to be designated, as the case may be: "Official Map (or Description) of the corporate limits of the City of Peachtree Corners, 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) Except as provided in subsection (b) of this section, this 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 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) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (5) 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; (6) 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, GEORGIA LAWS 2011 SESSION 3731 the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (7) 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; (8) 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; (9) 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; (10) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (11) 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; (12) 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; (13) 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; (14) 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; (15) 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; (16) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (17) 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; (18) 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; 3732 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II (19) 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; (20) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of parks and playgrounds, public grounds, recreational facilities, public buildings, and charitable, cultural, educational, recreational, conservation, and sport institutions, agencies, and facilities; and to regulate the use of public improvements; (21) 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; (22) 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; (23) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (24) Roadways. 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; (25) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of any intoxicating liquors, alcoholic beverages, 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; (26) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (27) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation subject to a maximum of 1 mill; (28) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; and (29) 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. GEORGIA LAWS 2011 SESSION 3733 (b) Except as provided in subsection (c) of this section, the city shall exercise the powers enumerated in subsection (a) of this section only for the purposes of planning and zoning, code adoption and enforcement, and solid waste management services and those items directly related to the provision of such services and for the general administration of the city in providing such services. (c) In the event that the city desires to provide services in addition to those services enumerated in subsection (b) of this section, the city council shall pass a resolution specifically stating the services sought to be offered by the city and shall submit the approval of such resolution for ratification by the electors of the city in a referendum. If the electors of the city vote in favor of ratifying such resolution, then the city shall be authorized to exercise the powers enumerated in subsection (a) of this section for the purpose of providing such services stated in such resolution and those items directly related to the provision of such services and for the general administration of the city in providing such services. If the electors of the city disapprove such resolution, it shall immediately be null and void and of no force and effect. SECTION 1.13. Exercise of powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia. ARTICLE II GOVERNMENT STRUCTURE SECTION 2.10. City council creation; number; election. The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and six councilmembers. The mayor and councilmembers shall be elected in the manner provided by this charter. SECTION 2.11. City councilmembers; terms and qualifications for office. (a) Except as otherwise provided in Article VIII of this charter for the initial terms of office, 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 3734 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 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 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 city council seats shall be designated Post 1, Post 2, Post 3, Post 4, Post 5, and Post 6. Candidates shall designate the post for which they are offering for election when qualifying for election. (c)(1) The members of the city council from Post 4, Post 5, and Post 6 shall be elected by the electors of the city at large by majority vote. (2) For the purposes of electing members of the city council from Post 1, Post 2, and Post 3, the city is divided into three districts. One member of the board shall be elected from each such district by only the electors of such district by majority vote. Post 1, Post 2, and Post 3 shall be and correspond to those three numbered districts as described in the districting plan attached to and made a part of this Act and further identified as Plan Name: peachprop1-3dist Plan Type: Local User: Shantee Administrator: H051. (d) 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 which is not included in Post 1, Post 2, or Post 3 as described in that attachment describing Post 1, Post 2, and Post 3 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 which is described in that attachment describing Post 1, Post 2, and Post 3 as being in Post 1, Post 2, or Post 3 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 the post that is 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. If any area included within the descriptions of Post 1, Post 2, or Post 3 is on the effective date of this Act within the municipal boundaries of another municipality or within a county other than Gwinnett County, such area shall not be included within the district descriptions of such posts. GEORGIA LAWS 2011 SESSION 3735 SECTION 2.12. Vacancy; filling of vacancies; suspensions. (a) Vacancies. The office of mayor or councilmember shall become vacant upon such person's failing or ceasing to reside in the city or upon the occurrence of any event specified by the Constitution, Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted. (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. (c) Suspension. Upon the suspension from office of mayor or councilmember in any manner authorized by the general laws of the State of Georgia, the city council or those remaining shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and shall be filled for the remainder of the unexpired term, if any, as provided for in this charter. SECTION 2.13. Compensation and expenses. (a) The mayor shall receive an initial salary of $9,000.00 per year, paid in equal monthly installments from the funds of the municipality. Each councilmember shall receive an initial salary of $8,000.00 per year, paid in equal monthly installments from the funds of the municipality. (b) The mayor and councilmembers may alter such compensation for their services as provided by law. SECTION 2.14. Conflicts of interest; holding other offices. (a) Elected and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. (b) Conflict of interest. No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly: (1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of that person's official duties or which would tend to impair the independence of that person's judgment or action in the performance of that person's official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of that person's 3736 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 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 financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such interest to the city council. The mayor or any councilmember who has a financial interest in any matter pending before the city council shall disclose such interest and such disclosure shall be entered on the records of the city council, and that person shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such interest to the governing body of such agency or entity. (d) Use of public property. No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (e) Contracts voidable and rescindable. Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render such contract or sale voidable at the option of the city council. (f) Ineligibility of elected official. Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which that person was elected. No former councilmember and no former mayor shall hold any compensated appointive office in the city until one year after the expiration of the term for which that person was elected. GEORGIA LAWS 2011 SESSION 3737 (g) Political activities of certain officers and employees. No appointed officer and no employee of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. No employee of the city shall continue in such employment upon election to any public office in this city or any other public office which is inconsistent, incompatible, or in conflict with the duties of the city employee. Such determination shall be made by the mayor and city council either immediately upon election or at any time such conflict may arise. (h) Penalties for violation. (1) Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited that person's office or position. (2) Any officer or employee of the city who shall forfeit that person's office or position as described in paragraph (1) of this subsection shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter. 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. Organizational meetings. Unless otherwise provided by ordinance, the city council shall hold an organizational meeting on the first Tuesday in January of each even-numbered year. 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." 3738 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 2.18. 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 meeting shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law, and notice to the public of special meetings shall be made as fully as is reasonably possible as provided by Code Section 50-14-1 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted. SECTION 2.19. 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 of a journal of its proceedings, which shall be a public record. (b) All committees and committee chairpersons and officers of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time. SECTION 2.20. Quorum; voting. Four councilmembers shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, 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. An abstention shall be counted as an affirmative vote. GEORGIA LAWS 2011 SESSION 3739 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 Peachtree Corners..." and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided for in Section 2.23 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 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 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. 3740 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II (b) Such meetings shall be open to the public to the extent required by law and notice to the public of emergency meetings shall be made as fully as is reasonably possible in accordance with Code Section 50-14-1 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted. SECTION 2.24. 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 Peachtree Corners, 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 GEORGIA LAWS 2011 SESSION 3741 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. Election of mayor; forfeiture; compensation. The mayor shall be elected and shall serve for a term of four years and until the mayor's successor is elected and qualified. The mayor shall be elected at-large by majority vote. The mayor shall be a qualified elector of this city and shall have been a resident of the city for 12 months prior to the election. The mayor shall continue to reside in this city during the period of the mayor's service. The mayor shall forfeit the office of mayor on the same grounds and under the same procedure as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers. SECTION 2.27. Mayor pro tempore. By a majority vote, the councilmembers 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 councilmembers. 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 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 the power to administer oaths and to take affidavits; (4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, and other instruments executed by the city which by law are required to be in writing; (5) Vote on matters before the city council 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. 3742 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II ARTICLE III ADMINISTRATIVE AFFAIRS SECTION 3.10. Administrative and service departments. (a) Except as otherwise provided in this charter, the city council by ordinance shall prescribe the functions or duties and establish, abolish, alter, consolidate, or leave vacant all nonelective offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All 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 mayor and council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The 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. GEORGIA LAWS 2011 SESSION 3743 (f) No member of a board, commission, or authority shall assume office until that person has executed and filed with the clerk of the city an oath obligating that person to perform faithfully and impartially the duties of that person's office, such oath shall be prescribed by ordinance and administered by the mayor. (g) All members of boards, commissions, or authorities of the city serve at will and may be removed at any time by the mayor and 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 and 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 mayor and council and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of such person's position as city attorney. SECTION 3.13. City clerk. The mayor and 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 3744 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 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 Peachtree Corners. SECTION 4.11. Chief judge; associate judge. (a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless that person shall have attained the age of 21 years and shall be a member of the State Bar of Georgia and shall possess all qualifications required by law. All judges shall be appointed by the city council and shall serve until a successor is appointed and qualified. (c) Compensation of the judges shall be fixed by ordinance. (d) Judges serve at will and may be removed from office at any time by the city council unless otherwise provided by ordinance. (e) Before assuming office, each judge shall take an oath, given by the mayor, that such judge will honestly and faithfully discharge the duties of the judge's office to the best of the judge's ability and without fear, favor, or partiality. The oath shall be entered upon the minutes 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. GEORGIA LAWS 2011 SESSION 3745 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, that person's bond shall be forfeited by the judge presiding at such time and an execution issued thereon by serving the defendant and the defendant's sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city, or the property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the 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. 3746 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 4.14. Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Gwinnett County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. SECTION 4.15. Rules for court. With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to municipal courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to such proceedings. ARTICLE V ELECTIONS AND REMOVAL SECTION 5.10. Applicability of general law. All primaries and elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended. SECTION 5.11. Regular elections; time for holding. Except as otherwise provided in Article VIII of this charter for the initial elections, there shall be a municipal general election biennially in odd-numbered years on the Tuesday next following the first Monday in November. There shall be elected the mayor and three councilmembers at one election and at every other election thereafter. The remaining councilmember seats shall be filled at the election alternating with the first election so that a continuing body is created. GEORGIA LAWS 2011 SESSION 3747 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 councilmembers from Post 1, Post 2, and Post 3 shall be elected by a majority vote of the electors of their respective districts. The mayor and councilmembers from Post 4, Post 5, and Post 6 shall be elected by a majority vote of the votes cast for each position by the electors of the city at large. SECTION 5.14. Special elections; vacancies. In the event that the office of mayor or councilmember shall become vacant as provided in Section 2.12 of this charter, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, that, if such vacancy occurs within 12 months of the expiration of the term of that office, the city council or those members remaining shall appoint a successor for the remainder of the term. In 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." SECTION 5.16. Removal of officers. (a) A councilmember, the mayor, or other appointed officers provided for in this charter shall be removed from office for any one or more of the causes provided in Title 45 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted. (b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods: 3748 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II (1) Following a hearing at which an impartial panel shall render a decision. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. The city council shall provide by ordinance for the manner in which such hearings shall be held. Any elected officer sought to be removed from office as provided in this section shall have the right of appeal from the decision of the city council to the Superior Court of Gwinnett 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 Gwinnett County following a hearing on a complaint seeking such removal brought by any resident of the City of Peachtree Corners. 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 which shall not exceed 1 mill, 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. GEORGIA LAWS 2011 SESSION 3749 SECTION 6.13. Licenses; permits; fees. The city council by ordinance shall have the power to require businesses or practitioners doing business in this city to obtain a permit for such activity from the city and pay a regulatory fee for such permit as provided by general law. Such fees shall reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter. SECTION 6.14. Franchises. (a) The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, that no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by the city clerk. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. (b) If no franchise agreement is in effect, the city council has the authority to impose a tax on gross receipts for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations. SECTION 6.15. Service charges. The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for 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. RESERVED. 3750 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 6.17. Construction; other taxes. This city shall be empowered to levy any other tax or fee allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs. SECTION 6.18. Collection of delinquent taxes and fees. The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 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. RESERVED. SECTION 6.20. RESERVED. 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. GEORGIA LAWS 2011 SESSION 3751 SECTION 6.23. Fiscal year. The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government. SECTION 6.24. Budget ordinance. The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement plan, and a capital budget, including requirements as to the scope, content, and form of such budgets and plans. 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 a date fixed by the city council but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and other pertinent comments and information. The operating budget and the capital budget provided for in Section 6.29 of this charter, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection. SECTION 6.26. Action by city council on budget. (a) The councilmembers may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than December 15 of each year. If the city council fails to adopt the budget by said date, the amounts appropriated for operation for the then current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items 3752 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 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. 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 60 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed capital improvements plan with a recommended capital budget containing the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have power to accept, with or without amendments, or reject the proposed plan and budget. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement unless the appropriations for such project are included in the capital budget, except to meet a public emergency as provided in Section 2.23 of this charter. (b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than December 15 of each year. No appropriation provided for in a prior GEORGIA LAWS 2011 SESSION 3753 capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, that the mayor may submit amendments to the capital budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance. SECTION 6.30. Audits. There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted auditing principles. Any audit of any funds by the state or federal governments may be accepted as satisfying the requirements of this charter. Copies of annual audit reports shall be available at printing costs to the public. SECTION 6.31. Procurement and property management. No contract with the city shall be binding on the city unless: (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 2.19 of this charter. 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 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. 3754 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to sell and convey said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the highest and best use of the abutting owner's property. Included in the sales contract shall be a provision for the rights of way of said street, avenue, alley, or public place. Each abutting property owner shall be notified of the availability of the property and given the opportunity to purchase said property under such terms and conditions as set out by ordinance. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. SECTION 6.34. Apportionment of revenue. Except as otherwise agreed pursuant to Chapter 70 of Title 36 of the O.C.G.A., the city is authorized to pay all revenues collected by Gwinnett County on behalf of the city to the county in exchange for continuation of services during the transition period provided in Section 8.11 of this charter and beyond, with the exception of the following revenues, which shall stay with the city: (1) New revenues from utility franchise fees; (2) Fines collected in municipal court; and (3) Revenues generated from any additional millage of up to 1 mill above the millage rate imposed in the county special service district. 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. Construction and definitions. (a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word "shall" is mandatory and the word "may" is permissive. GEORGIA LAWS 2011 SESSION 3755 (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. ARTICLE VIII REFERENDUM AND INITIAL ELECTIONS SECTION 8.10. Referendum and initial election. (a) Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Gwinnett County shall call a special election for the purpose of submitting this Act to the qualified voters of the proposed City of Peachtree Corners for approval or rejection. The superintendent shall set the date of such election for the Tuesday after the first Monday in November, 2011. The superintendent shall issue the call for such election at least 30 days prior to the date thereof. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Gwinnett County. The ballot shall have written or printed thereon the words: "( ) YES Shall the Act incorporating the City of Peachtree Corners in Gwinnett ( ) NO County according to the charter contained in the Act be approved?" All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect as provided in Section 8.11 of this charter, otherwise it shall be void and of no force and effect. The initial expense of such election shall be borne by Gwinnett County. Within two years after the elections if the incorporation is approved, the City of Peachtree Corners shall reimburse Gwinnett County for the actual cost of printing and personnel services for such election and for the initial election of the mayor and councilmembers pursuant to this charter. It shall be the duty of the superintendent to hold and conduct such election. It shall be his or her further duty to certify the result thereof to the Secretary of State. (b) For the purposes of the referendum election provided for in subsection (a) of this section and for the purposes of the special election of the City of Peachtree Corners to be held on the date of the 2012 presidential preference primary, the qualified electors of the City of Peachtree Corners shall be those qualified electors of Gwinnett County residing within the corporate limits of the City of Peachtree Corners as described by Appendix A of this charter. At subsequent municipal elections, the qualified electors of the City of Peachtree Corners shall be determined pursuant to the authority of Chapter 2 of Title 21 of the O.C.G.A. known as the "Georgia Election Code." (c) Only for the purposes of holding and conducting the referendum election provided for in subsection (a) of this section and holding and conducting the special election of the City of Peachtree Corners to be held on the date of the 2012 presidential preference primary, the election superintendent of Gwinnett County is vested with the powers and duties of the 3756 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II election superintendent of the City of Peachtree Corners and the powers and duties of the governing authority of the City of Peachtree Corners. SECTION 8.11. Effective dates and transition. (a) The provisions of this Act necessary for the referendum election provided for in Section 8.10 of this charter shall become effective immediately upon this Act's approval by the Governor or upon its becoming law without such approval. (b) Those provisions of this Act necessary for the special election provided for in Section 8.13 of this charter shall be effective upon the certification of the results of the referendum election provided for by Section 8.10 of this charter if this Act is approved at such referendum election. (c) Except as provided in Section 8.10 of this charter, the remaining provisions of this Act shall become of full force and effect for all purposes at 12:00 Midnight on June 30, 2012, except that the initial mayor and councilmembers shall take office immediately following their election and by action of a quorum may prior to 12:00 Midnight on June 30, 2012, meet and take actions binding on the city. (d) A period of time will be needed for an orderly transition of various government functions from Gwinnett County to the City of Peachtree Corners. Accordingly there shall be a transition period beginning on the date the initial mayor and councilmembers take office under this charter, and ending at 12:00 Midnight on December 31, 2013. During such transition period, all provisions of this charter shall be effective as law, but not all provisions of this charter shall be implemented. (e) During such transition period, Gwinnett County shall continue to provide within the territorial limits of the city all government services and functions which Gwinnett County provided in that area during the years 2010 and 2011 and at the same actual cost, except to the extent otherwise provided in this section; provided, however, that upon at least 60 days' prior written notice to Gwinnett County by the City of Peachtree Corners, responsibility for any such service or function shall be transferred to the City of Peachtree Corners. During the transition period, the city shall remain within the Gwinnett County special services district, but shall be removed from such district at the conclusion of such period. Beginning December 1, 2012, the City of Peachtree Corners shall collect taxes, fees, assessments, fines and forfeitures, and other moneys within the territorial limits of the city in the same manner as authorized immediately prior to the effective date of this section; provided, however, that upon at least 60 days' prior written notice to Gwinnett County by the City of Peachtree Corners, the authority to collect any tax, fee, assessment, fine or forfeiture, or other moneys shall remain with Gwinnett County after December 1, 2012, until such time as Gwinnett County receives subsequent notice from the City of Peachtree Corners that such authority shall be transferred to the City of Peachtree Corners. (f) During the transition period, the governing authority of the City of Peachtree Corners: GEORGIA LAWS 2011 SESSION 3757 (1) Shall hold regular meetings and may hold special meetings as provided in this charter; (2) May enact ordinances and resolutions as provided in this charter; (3) May amend this charter by home rule action as provided by general law; (4) May accept gifts and grants; (5) May borrow money and incur indebtedness to the extent authorized by this charter and general law; (6) May levy and collect an ad valorem tax for calendar years 2012 and 2013; (7) May establish a fiscal year and budget; (8) May create, alter, or abolish departments, boards, offices, commissions, and agencies of the city; appoint and remove officers and employees; and exercise all necessary or appropriate personnel and management functions; and (9) May generally exercise any power granted by this charter or general law, except to the extent that a power is specifically and integrally related to the provision of a governmental service, function, or responsibility not yet provided or carried out by the city. (g) Except as otherwise provided in this section, during the transition period, the Municipal Court of the City of Peachtree Corners shall not exercise its jurisdiction. During the transition period, all ordinances of Gwinnett County shall remain applicable within the territorial limits of the city and the appropriate court or courts of Gwinnett County shall retain jurisdiction to enforce such ordinances. However, by mutual agreement and concurrent resolutions and ordinances if needed Gwinnett County and the City of Peachtree Corners may during the transition period transfer all or part of such regulatory authority and the appropriate court jurisdiction to the City of Peachtree Corners. Any transfer of jurisdiction to the City of Peachtree Corners during or at the end of the transition period shall not in and of itself abate any judicial proceeding pending in Gwinnett County or the pending prosecution of any violation of any ordinance of Gwinnett County. (h) During the transition period, the governing authority of the City of Peachtree Corners may at any time, without the necessity of any agreement by Gwinnett County, commence to exercise its planning and zoning powers; provided, however, that the city shall give the county notice of the date on which the city will assume the exercise of such powers. Upon the governing authority of the City of Peachtree Corners commencing to exercise its planning and zoning powers, the Municipal Court of the City of Peachtree Corners shall immediately have jurisdiction to enforce the planning and zoning ordinances of the city. The provisions of this subsection shall control over any conflicting provisions of any other subsection of this section. (i) Effective upon the termination of the transition period, subsections (b) through (h) of this section shall cease to apply except for the last sentence of subsection (g) which shall remain effective. Effective upon the termination of the transition period, the City of Peachtree Corners shall be a full functioning municipal corporation and subject to all general laws of this state. 3758 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 8.12. Directory nature of dates. It is the intention of the General Assembly that this Act be construed as directory rather than mandatory with respect to any date prescribed in this Act. If it is necessary to delay any action called for in this Act for providential cause, delay in securing approval under the federal Voting Rights Act, or any other reason, it is the intention of the General Assembly that the action be delayed rather than abandoned. Any delay in performing any action under this Act, whether for cause or otherwise, shall not operate to frustrate the overall intent of this Act. Without limiting the generality of the foregoing it is specifically provided that: (1) If it is not possible to hold the referendum election provided for in Section 8.10 of this charter on the date specified in that section, then such referendum shall be held as soon thereafter as is reasonably practicable; and (2) If it is not possible to hold the first election provided for in Section 8.13 of this charter on the date specified in that section, then there shall be a special election for the initial members of the governing authority to be held as soon thereafter as is reasonably practicable, and the commencement of the initial terms of office shall be delayed accordingly. SECTION 8.13. Special election. (a) The first election for mayor and councilmembers shall be a special election held on the date of the 2012 presidential preference primary. At such election, the first mayor and councilmembers shall be elected to serve for the initial terms of office specified in subsections (b), (c), and (d) of this section. Thereafter, the time for holding regular municipal elections shall be on the Tuesday next following the first Monday in November of each odd-numbered year beginning in 2013. The successors to the first mayor and initial councilmembers and future successors shall take office at the first organizational meeting in January immediately following their election and shall serve for terms of four years and until their respective successors are elected and qualified. (b) The members of the city council from Post 1, Post 2, and Post 3 shall be elected by majority vote of the electors of their respective districts. The members of the city council from Post 4, Post 5, and Post 6 shall be elected by the electors of the city at large by majority vote. The initial members elected from Post 2, Post 4, and Post 6 shall serve a term of office of two years and until their respective successors are elected and qualified. The initial members elected from Post 1, Post 3, and Post 5 shall serve a term of office of four years and until their respective successors are elected and qualified. Thereafter, successors to such initial members shall serve four-year terms of office and until their respective successors are elected and qualified. GEORGIA LAWS 2011 SESSION 3759 (c) The mayor of the City of Peachtree Corners shall be elected by a majority vote of the qualified electors of the city at large. The mayor shall serve a term of four years and until his or her successor is elected and qualified and successors to the mayor shall serve four-year terms of office and until their successors are elected and qualified. ARTICLE IX GENERAL REPEALER SECTION 9.10. General repealer. All laws and parts of laws in conflict with this Act are repealed. APPENDIX A Lying entirely within Gwinnett County, a political subdivision of the State of Georgia, and beginning at the point where the counties of Fulton, DeKalb and Gwinnett intersect, thence following the county line common between Fulton and Gwinnett counties in a generally northeasterly direction to the point where the Fulton/Gwinnett boundary line intersects the Chattahoochee River; thence running in a generally northeasterly direction following the Fulton/Gwinnett boundary line along the southern bank of the Chattahoochee River, following the meanderings thereof, to the point where the county boundary line intersects the southwestern boundary line of the City of Berkeley Lake; thence running in a generally southern direction following the municipal boundary line of the City of Berkeley Lake to a point where the said boundary line intersects with the City of Duluth municipal boundary; thence running along the municipal boundary of the City of Duluth until it intersects with the centerline of Buford Highway; thence running generally southwest along the centerline of Buford Highway to the point where said centerline intersects the municipal boundary line of the City of Norcross; thence following said municipal boundary in a generally southwesterly direction to the intersection of Buford Highway and Jimmy Carter Boulevard; thence continuing in a southwesterly direction along the centerline of Buford Highway to the point where said centerline intersects the boundary line common between DeKalb and Gwinnett counties; thence in a generally northwest direction along the DeKalb/Gwinnett boundary line to the point of beginning. Plan Name: peachprop1-3dist Plan Type: Local User: Shantee Administrator: H051 Redistricting Plan Components Report District 001 Gwinnett County Tract: 503.04 BG: 1 3760 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 1000 1003 1011 1012 BG: 2 BG: 8 Tract: 503.06 BG: 1 1011 1012 1017 1019 1025 BG: 2 2006 2007 Tract: 503.15 Tract: 503.16 BG: 1 1004 1005 1006 1007 1008 1999 BG: 3 BG: 4 4001 4002 4003 District 002 Gwinnett County Tract: 503.07 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2996 2997 BG: 3 3004 3005 BG: 4 4007 BG: 6 Tract: 503.08 BG: 1 1018 1019 1020 1021 Tract: 503.10 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 3030 3033 3036 3037 3040 3041 3998 3999 Tract: 503.16 BG: 1 1000 1001 1002 1003 BG: 4 GEORGIA LAWS 2011 SESSION 3761 4000 BG: 7 District 003 Gwinnett County Tract: 502.06 BG: 1 1018 1995 Tract: 503.07 BG: 2 2998 2999 BG: 3 3000 3001 3002 3003 BG: 4 4000 4001 4002 4003 4004 4005 4006 4008 Tract: 503.08 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1022 1997 1998 1999 Tract: 503.09 BG: 1 BG: 2 BG: 3 3011 3012 3013 3014 3015 3016 3017 BG: 4 4003 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 Tract: 503.11 BG: 1 1000 1001 1002 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2011 session of the General Assembly of Georgia a bill to incorporate the City of Peachtree Corners; to provide a charter; to provide for boundaries and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, 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 3762 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II provide for ordinances and codes; to provide for a mayor and mayor pro tempore and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, and other personnel and matters relating thereto; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof and other matters relative to those judges; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; to provide for elections; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for auditing, accounting, budgeting, and appropriations; to provide for city contracts and purchasing; to provide for the conveyance of property and interests therein; to provide for bonds for officials; to provide for prior ordinances and rules, pending matters, and existing personnel; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to provide for effective dates; and for other purposes. -sRepresentative Tom Rice District 51 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Rice, who on oath deposes and says that he is the Representative from District 51 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily Post which is the official organ of Gwinnett County on February 18, 2011, and that the notice requirements of Code Section 28-1-14 have been met. s/ TOM RICE Tom Rice Representative, District 51 Sworn to and subscribed before me, this 23rd day of February 2011. s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL) GEORGIA LAWS 2011 SESSION 3763 Approved May 11, 2011. __________ CITY OF LILBURN CORPORATE LIMITS. No. 97 (Senate Bill No. 265). 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 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 2011, 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 roadways adjacent to those parcels: 6-151-002 440 Pleasant Hill Rd. 6-151-003 416 Pleasant Hill Rd. 6-151-004 406 Pleasant Hill Rd. 6-151-006 396 Pleasant Hill Rd. 6-151-008 3865 Hwy 29 6-151-009 3855 Hwy 29 6-151-032 3849 Hwy 29 6-151-010 3835 Hwy 29 6-151-169 3767 Hwy 29 6-151-050 3747 Hwy 29 3764 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 6-151-038 6-151-012 6-151-048 6-151-042 6-151-034 6-151-022 6-151-026 6-151-016 6-151-024 6-151-030 6-131A-503 6-131A-023 6-131A-348 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 6-150-014 6-150-153 3571 Lawrenceville Hwy Hwy 29 Ronald Reagan Pkwy 3685 Hwy 29 3675 Lawrenceville Hwy 3659 Hwy 29 3653 Hwy 29 3645 Hwy 29 S 3639 Hwy 29 3629 Hwy 29 3880 Hwy 29 3870 Lester Rd. 336 Valley Rd. Hwy 29 NE 3704 Hwy 29 3684 Hwy 29 Hwy 29 470 Pleasant Hill Rd. 480 Pleasant Hill Rd. 490 Pleasant Hill Rd. 510 Pleasant Hill Rd. Pleasant Hill Rd. Burns Rd. 3826 Burns Rd. 505 Pleasant Hill Rd. 465 Pleasant Hill Rd. 6-150-130 6-150-445 6-156-044 6-156-164 6-156-021 6-156-160 GEORGIA LAWS 2011 SESSION 3765 449 Pleasant Hill Rd. Burns Road 675 Pleasant Hill Road 733 Pleasant Hill Road 735 Pleasant Hill Road 743 Pleasant Hill Road SECTION 2. This Act shall become effective on December 1, 2011. 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 2011 session of the General Assembly of Georgia a bill 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 an effective date; and for other purposes. -s- Senator Steve Henson 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 16, 2011, and that the notice requirements of Code Section 28-1-14 have been met. s/ STEVE HENSON Steve Henson Senator, District 41 3766 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II Sworn to and subscribed before me, this 21st day of March 2011. s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL) Approved May 11, 2011. __________ CITY OF STONE MOUNTAIN CITY COUNCIL; ELECTION BY POST. No. 103 (House Bill No. 611). AN ACT To amend an Act to provide a new charter for the City of Stone Mountain, approved May 11, 2009 (Ga. L. 2009, p. 4108), so as to provide for election by posts 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 City of Stone Mountain, approved May 11, 2009 (Ga. L. 2009, p. 4108), is amended by revising Section 5.11 as follows: "SECTION 5.11. Regular elections; time for holding. (a) The mayor and councilmembers elected in the general municipal elections in 2007 and 2009, and any person selected to fill a vacancy in any such office, shall serve until the regular expiration of their respective terms of office. Regular general municipal elections shall be held on the Tuesday next following the first Monday in November of each odd-numbered year for the election of successors to the mayor and councilmembers. The terms of office shall begin at the time of taking the oath of office as provided in Section 2.17 of this charter. GEORGIA LAWS 2011 SESSION 3767 (b) On the effective date of this section, Richard Mailman shall be designated as holding Council Post 1, Cyril Mungal as holding Council Post 2, Chakira Johnson Sallee as holding Council Post 3, Susan Coletti as holding Council Post 4, Steve Higgins as holding Council Post 5, and Nan Nash as holding Council Post 6. In elections held on or after the effective date of this section, each candidate shall designate the council post for which he or she is offering for election. The members of the city council from each council post shall be elected at large by the electors of the entire city. The candidate receiving the most votes for each such council post shall be elected." 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 2011 session of the General Assembly of Georgia a bill to amend an Act to provide a new charter for the city of Stone Mountain; approved by May 11, 2009 (Ga. L. 2009, p. 4108), so as to provide for election by posts for members of the city council; to provide for related matters; and for other purposes. Senator Steve Henson District 41 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Billy Mitchell, who on oath deposes and says that he is the Representative from District 88 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Champion which is the official organ of DeKalb County on March 24, 2011, and that the notice requirements of Code Section 28-1-14 have been met. s/ BILLY MITCHELL Billy Mitchell Representative, District 88 3768 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II Sworn to and subscribed before me, this 28th day of March 2011. s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL) Approved May 11, 2011. __________ CITY OF DUNWOODY REDEVELOPMENT POWERS; REFERENDUM. No. 127 (House Bill No. 195). AN ACT To authorize the City of Dunwoody 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 Dunwoody 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 Dunwoody 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 Dunwoody 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 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 GEORGIA LAWS 2011 SESSION 3769 Dunwoody for approval or rejection. The municipal election superintendent shall conduct that election on a practicable date in 2011or 2012 authorized under paragraph (2) of subsection (c) of Code Section 21-2-540 of the O.C.G.A.; provided, however, that if the conducting of the election under this Act on earlier authorized dates is impracticable, then the municipal election superintendent shall conduct the election under this Act on the Tuesday after the first Monday in November, 2012, 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 Dunwoody to exercise redevelopment powers under the 'Redevelopment Powers Law' as ( ) NO it may be amended from time to time?" All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become of full force and effect immediately. If Section 1 of this Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Dunwoody. 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 2011 session of the General Assembly of Georgia a bill to authorize the City of Dunwoody to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; and for other purposes. 3770 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Taylor, 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 February 3, 2011, and that the notice requirements of Code Section 28-1-14 have been met. s/ TOM TAYLOR Tom Taylor Representative, District 79 Sworn to and subscribed before me, this 3rd day of February 2011. s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL) Approved May 11, 2011. __________ CITY OF EMERSON HOMESTEAD EXEMPTION; CITY TAXES; SENIOR CITIZENS; REFERENDUM. No. 128 (House Bill No. 218). AN ACT To provide for a homestead exemption from City of Emerson 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 62 years of age or over and whose income, excluding certain retirement income, does not exceed $10,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: GEORGIA LAWS 2011 SESSION 3771 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 Emerson, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Income" means Georgia taxable net income determined pursuant to Chapter 7 of Title 48 of the O.C.G.A., as amended, for state income tax purposes, except income shall not include income received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and such individual's spouse under the federal Social Security Act. Income from such sources in excess of such maximum amount shall be included as income for the purposes of this Act. (4) "Senior citizen" means a person who is 62 years of age or over on or before January 1 of the year in which application for the exemption under subsection (b) of this section is made. (b) Each resident of the City of Emerson who is a senior citizen is granted an exemption on that person's homestead from City of Emerson ad valorem taxes for municipal purposes in the amount of $10,000.00 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 $10,000.00 for the immediately preceding year. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of Emerson, or the designee thereof, giving the person's age, income, and such additional information relative to receiving such exemption as will enable the governing authority of the City of Emerson, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of Emerson, 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 not be automatically renewed from year to year as long as the owner occupies the residence as a homestead. It shall be necessary to make application thereafter for each year and the exemption shall not continue to be allowed to such person upon failure to so comply. 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 Emerson, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. 3772 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in lieu of and not in addition to any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2012. SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Emerson 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 Emerson for approval or rejection. The municipal election superintendent shall conduct that election on the date of the November, 2011, municipal general election and shall issue the call and conduct that election as provided by general law. The municipal superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Bartow County. The ballot shall have written or printed thereon the words: "( ) YES ( ) NO Shall the Act be approved which provides a homestead exemption from City of Emerson 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 62 years of age or over and whose income, not including certain retirement income, does not exceed $10,000.00?" All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect on January 1, 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 the City of Emerson. It shall be the municipal election superintendent's duty to certify the result thereof to the Secretary of State. SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. GEORGIA LAWS 2011 SESSION 3773 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2011 session of the General Assembly of Georgia a bill to provide for a homestead exemption from City of Emerson 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 62 years of age or over and whose income, excluding certain retirement income, does not exceed $10,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Representative Paul Battles District 15 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 January 27, 2011, 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 3rd day of February 2011. s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL) Approved May 11, 2011. __________ 3774 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II CITY OF EMERSON HOMESTEAD EXEMPTION; CITY TAXES; SENIOR CITIZENS; REFERENDUM. No. 129 (House Bill No. 219). AN ACT To provide for a homestead exemption from City of Emerson ad valorem taxes for municipal purposes in the amount of $40,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. (a) As used in this Act, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Emerson, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Senior citizen" means a person who is 65 years of age or over on or before January 1 of the year in which application for the exemption under subsection (b) of this section is made. (b) Each resident of the City of Emerson who is a senior citizen is granted an exemption on that person's homestead from City of Emerson ad valorem taxes for municipal purposes in the amount of $40,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (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 Emerson, or the designee thereof, giving the person's age and such additional information relative to receiving such exemption as will enable the governing authority of the City of Emerson, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of Emerson, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to GEORGIA LAWS 2011 SESSION 3775 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 Emerson, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in lieu of and not in addition to any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2012. SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Emerson 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 Emerson for approval or rejection. The municipal election superintendent shall conduct that election on the date of the November, 2011, municipal general election and shall issue the call and conduct that election as provided by general law. The municipal superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Bartow County. The ballot shall have written or printed thereon the words: "( ) YES Shall the Act be approved which provides a homestead exemption from City ( ) NO of Emerson ad valorem taxes for municipal purposes in the amount of $40,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or over?" All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect on January 1, 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 the City of Emerson. 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. 3776 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 2011 session of the General Assembly of Georgia a bill to provide for a homestead exemption from City of Emerson ad valorem taxes for municipal purposes in the amount of $40,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Representative Paul Battles District 15 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 January 27, 2011, 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 3rd day of February 2011. s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL) Approved May 11, 2011. __________ GEORGIA LAWS 2011 SESSION 3777 CITY OF EMERSON HOMESTEAD EXEMPTION; CITY TAXES; REFERENDUM. No. 130 (House Bill No. 220). AN ACT To provide for a homestead exemption from City of Emerson ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for residents of that city; to provide 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 Emerson, 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 Emerson is granted an exemption on that person's homestead from City of Emerson ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of Emerson, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Emerson, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of Emerson, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Emerson, or the 3778 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in lieu of and not in addition to any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2012. SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Emerson 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 Emerson for approval or rejection. The municipal election superintendent shall conduct that election on the date of the November, 2011, municipal general election and shall issue the call and conduct that election as provided by general law. The municipal superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Bartow County. The ballot shall have written or printed thereon the words: "( ) YES ( ) NO Shall the Act be approved which provides a homestead exemption from City of Emerson 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?" All persons desiring to vote for approval of the Act shall vote "Yes," all those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect on January 1, 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 the City of Emerson. It shall be the municipal election superintendent's duty to certify the result thereof to the Secretary of State. SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. GEORGIA LAWS 2011 SESSION 3779 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2011 session of the General Assembly of Georgia a bill to provide for a homestead exemption from City of Emerson ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for residents of that city; to provide 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. Representative Paul Battles District 15 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 January 27, 2011, 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 3rd day of February 2011. s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL) Approved May 11, 2011. __________ 3780 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II CITY OF EMERSON HOMESTEAD EXEMPTION; CITY TAXES; DISABLED CITIZENS; REFERENDUM. No. 131 (House Bill No. 221). AN ACT To provide for a homestead exemption from City of Emerson ad valorem taxes for municipal purposes in the amount of $28,000.00 of the assessed value of the homestead for residents of that city who are disabled and whose household income does not exceed $20,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. (a) As used in this Act, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Emerson, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Income" means gross income from all sources including income as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system. (b) Each resident of the City of Emerson who is disabled is granted an exemption on that person's homestead from City of Emerson ad valorem taxes for municipal purposes in the amount of $28,000.00 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 and all family members who also occupy and reside at such homestead does not exceed $20,000.00 for the immediately preceding year. The value of that property in excess of such exempted amount shall remain subject to taxation. (c)(1) In order to qualify for the exemption provided for in subsection (b) of this section as being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under 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. GEORGIA LAWS 2011 SESSION 3781 (2) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of Emerson, or the designee thereof, giving the person's age, income, and such additional information relative to receiving such exemption as will enable the governing authority of the City of Emerson, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of Emerson, 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 not be automatically renewed from year to year as long as the owner occupies the residence as a homestead. It shall be necessary to make application thereafter for each year and the exemption shall not continue to be allowed to such person upon failure to so comply. 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 Emerson, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in lieu of and not in addition to any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2012. SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Emerson 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 Emerson for approval or rejection. The municipal election superintendent shall conduct that election on the date of the November, 2011, municipal 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 Bartow County. The ballot shall have written or printed thereon the words: "( ) YES ( ) NO Shall the Act be approved which provides a homestead exemption from City of Emerson ad valorem taxes for municipal purposes in the amount of $28,000.00 of the assessed value of the homestead for residents of that city who are disabled and whose household income does not exceed $20,000.00?" All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes 3782 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 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. 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 Emerson. 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 2011 session of the General Assembly of Georgia a bill to provide for a homestead exemption from City of Emerson ad valorem taxes for municipal purposes in the amount of $28,000.00 of the assessed value of the homestead for residents of that city who are disabled and whose household income does not exceed $20,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Representative Paul Battles District 15 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 January 27, 2011, and that the notice requirements of Code Section 28-1-14 have been met. s/ PAUL BATTLES Paul Battles Representative, District 15 GEORGIA LAWS 2011 SESSION 3783 Sworn to and subscribed before me, this 3rd day of February 2011. s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL) Approved May 11, 2011. __________ PAULDING COUNTY BOARD OF ELECTIONS AND REGISTRATION; STAGGERED TERMS. No. 132 (House Bill No. 294). AN ACT To amend an Act to create a board of elections and registration for Paulding County and to provide for its powers and duties, approved May 30, 2007 (Ga. L. 2007, p. 4382), so as to provide for staggered terms of office for members of the board; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act to create a board of elections and registration for Paulding County and to provide for its powers and duties, approved May 30, 2007 (Ga. L. 2007, p. 4382), is amended by revising subsection (f) of Section 3 of the Act as follows: "(f)(1) The initial appointees to the board shall take office on July 1, 2007. Each initial member shall serve a term of office beginning on July 1, 2007, and ending on June 30, 2011. (2) The members of the board who are appointed to take office on July 1, 2011, and their successors shall be appointed as provided in this paragraph. Two of the members appointed pursuant to subsection (b) of this section to take office on July 1, 2011, shall serve two-year terms of office and until their respective successors are appointed and qualified. The other member appointed pursuant to subsection (b) of this section to take office on July 1, 2011, shall serve a four-year term of office and until his or her successor is appointed and qualified. The board of commissioners shall designate which appointees shall serve two-year terms and which appointee shall serve a four-year term when making 3784 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II such appointments. The members appointed pursuant to subsections (c) and (d) of this section to take office on July 1, 2011, shall serve four-year terms of office and until their respective successors are appointed and qualified. (3) Successors to the members appointed pursuant to paragraph (2) of this subsection shall be appointed to serve four-year terms of office and until their respective successors are appointed and qualified." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2011 session of the General Assembly of Georgia a bill to amend an Act to create a board of elections and registration for Paulding County and to provide for its powers and duties, approved May 30, 2007 (Ga. L. 2007, p. 4382), so as to provide for staggered terms of office for members of the board; to provide for related matters; and for other purposes. Representative Howard Maxwell District 17 NOTICE OF LOCAL LEGISLATION This notice must be published one time in the county legal organ. If the bill affects a city charter or a county commissioner law, a copy of the notice must be provided to the city or county no later than seven days after publication. A copy of the published notice and the date of publication must be attached to the bill. For more information call the State of Georgia Office of Legislative Counsel at 404-656-5000. A BILL TO BE ENTITLED AN ACT To amend an Act to create a board of elections and registration for Paulding County and to provide for its powers and duties, approved May 30, 2007 (Ga. L. 2007, p. 4382), so as to provide for staggered terms of office for members of the board, to provide for related matters, to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION1. An Act to create a board of elections and registration for Paulding County and to provide for its powers and duties, approved May 30, 2007 (Ga. L. 2007, p. 4382), is amended by revising subsection (f) of Section 3 of the Act as follows: GEORGIA LAWS 2011 SESSION 3785 "(f)(1)The initial appointees to the board shall take office on July1, 2007. Each initial member shall serve a term of office beginning on July 1, 2007 and ending on June 30, 2011. (2) The members of the board who are appointed to take office on July 1, 2001, and their successors shall be appointed as provided in this paragraph. Two of the members appointed pursuant to subsection (b) of this section to take office on July 1, 2001, shall serve two-year terms of office and until their respective successors are appointed and qualified. The other members appointed pursuant to subsection (b) of this section to take office on July 1, 2011, shall serve a four-year term of office and until his or her successor is appointed and qualified. The board of commissioners shall designate which appointees shall serve two-year terms and which appointee shall serve a four-yers term when making such appointments. The members appointed pursuant to subsections (c) and (d) of this section to take office on July 1, 2011, shall serve four-year terms of office and until their respective successors are appointed and qualified. (3) Successors to the members appointed pursuant to paragraph (2) of this subsection shall be appointed to serve four-year terms of office and until their respective successors are appointed and qualified." SECTION 2. 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, Howard Maxwell, who on oath deposes and says that he is the Representative from District 17 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Dallas New Era which is the official organ of Paulding County on February 10, 2011, and that the notice requirements of Code Section 28-1-14 have been met. s/ HOWARD MAXWELL Howard Maxwell Representative, District 17 Sworn to and subscribed before me, this 15th day of February 2011. s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL) 3786 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II Approved May 11, 2011. __________ CITY OF DORAVILLE REDEVELOPMENT POWERS; REFERENDUM. No. 133 (House Bill No. 330). AN ACT To authorize the City of Doraville 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 Doraville 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 Doraville 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 Doraville 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 Doraville shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Doraville for approval or rejection. The municipal election superintendent shall conduct that election on any permissible referendum date under Code Section 21-2-540 of the O.C.G.A., but not later than the November, 2012, 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: GEORGIA LAWS 2011 SESSION 3787 "( ) YES Shall the Act be approved which authorizes the City of Doraville 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 Doraville. It shall be the municipal election superintendent's duty to certify the result thereof to the Secretary of State. SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2011 session of the General Assembly of Georgia a bill to authorize the City of Doraville to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; and for other purposes. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Elena Parent, who on oath deposes and says that she is the Representative from District 81 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Champion which is the official organ of DeKalb County on February 17, 2011, and that the notice requirements of Code Section 28-1-14 have been met. s/ ELENA PARENT Elena Parent Representative, District 81 3788 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II Sworn to and subscribed before me, this 22nd day of February 2011. s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL) Approved May 11, 2011. __________ CITY OF HAHIRA CITY COUNCIL; RESIDENCY REQUIREMENTS; VACANCIES. No. 134 (House Bill No. 466). AN ACT To amend an Act to incorporate the City of Hahira, approved August 19, 1912 (Ga. L. 1912, p. 951), as amended, particularly by a home rule amendment filed with the Office of the Secretary of State January 24, 2011, so as to provide that councilmembers shall reside in their respective districts for a period of at least 12 months immediately prior to election and shall continue to reside in such district during his or her period of service; to provide for the filling of vacancies; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act to incorporate the City of Hahira, approved August 19, 1912 (Ga. L. 1912, p. 951), as amended, particularly by a home rule amendment filed with the Office of the Secretary of State January 24, 2011, is amended by revising Section 2.12 as follows: "Sec. 2.12. City Council Terms and Qualifications of 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 at least 12 months prior to the date of election of mayor or members of the council and be a registered and qualified voter of the city at the time of qualifying; each shall continue to reside therein during that member's period of service and to be registered and qualified to vote in municipal elections of this city. In addition to these requirements, no person shall GEORGIA LAWS 2011 SESSION 3789 be eligible to serve as a councilmember representing a council district unless that person has been a resident of the district such person seeks to represent for a continuous period of at least 12 months immediately prior to the date of the election for councilmember and continues to reside in such district during that person's period of service. If the mayor or a member of council changes his or her residence to a district other than the district that he or she represents or to a location outside the city, that council seat shall immediately be declared vacant by the city council and the vacancy shall be filled as provided in this charter." SECTION 2. Said Act is further amended by revising subsection (b) of Section 2.14 and adding a new subsection to read as follows: "(b) Filling of vacancies - A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, by appointment by the city council or those members remaining if less than 12 months remains in the unexpired term. If such vacancy occurs 12 months or more prior to the expiration of the term of that office, it shall be filled for the remainder of the unexpired term by a special election, in accordance with Titles 21 and 45 of the O.C.G.A. or other such laws as are or may hereafter be enacted. (c) This provision shall also apply to a temporary vacancy created by the suspension from office of the mayor or any councilmember." 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 2011 session of the General Assembly of Georgia a bill to amend an Act to incorporate the City of Hahira, approved August 19, 1912 (Ga. L. 1912, p. 951), as amended, particularly by a home rule amendment filed with the Office of the Secretary of State January 24, 2011, so as to provide that councilmembers shall reside in their respective districts for a period of at least 12 months immediately prior to election and shall continue to reside in such district during his or her period of service; to provide for the filling of vacancies; to provide for related matters; and for other purposes. Representative Jay Shaw District 176 3790 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jay Shaw, who on oath deposes and says that he is the Representative from District 176 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Valdosta Daily Times which is the official organ of Lowndes County on February 20, 2011, 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 28th day of February 2011. s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL) Approved May 11, 2011. __________ GORDON COUNTY GORDON COUNTY PUBLIC FACILITIES AUTHORITY; CREATION. No. 135 (House Bill No. 484). AN ACT To create the Gordon County Public Facilities Authority and to provide for the appointment of members of the authority; to confer powers upon the authority; to authorize the issuance of revenue bonds of the authority payable from the revenues, tolls, fees, charges, and earnings of the authority, contract payments to the authority, and other moneys pledged therefor and to authorize the collection and pledging of the revenues, tolls, fees, charges, earnings, and contract payments of the authority for the payment of such revenue bonds; to authorize the execution of resolutions and trust indentures to secure the payment of the revenue bonds of the authority and to define the rights of the holders of such obligations; to make the revenue bonds of the authority exempt from taxation; to fix and provide the venue GEORGIA LAWS 2011 SESSION 3791 and jurisdiction of actions relating to any provisions of this Act; to provide for the validation of bonds; to provide for related matters; to provide for the separate enactment of each provision of this Act; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Short title. This Act shall be known and may be cited as the "Gordon County Public Facilities Authority Act." SECTION 2. Gordon County Public Facilities Authority. (a) There is created a public body corporate and politic to be known as the "Gordon County Public Facilities Authority," which shall be deemed to be a political subdivision of the state and a public corporation, and by that name, style, and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The authority shall have perpetual existence. (b) The authority shall consist of three members. The chairperson of the board of commissioners of Gordon County shall be one member. The other two members shall be appointed by the board of commissioners of Gordon County. County commissioners may not be appointed as members of the authority. The chairperson of the board of commissioners of Gordon County's term on the authority shall coincide with his or her term of office. With respect to the initial appointment of the other two members by the board of commissioners of Gordon County, one member shall be appointed for a term of thee years, and one member shall be appointed for a term of two years. Thereafter, all appointments shall be made for terms of three years and until successors are appointed and qualified. Immediately after becoming members of the authority by virtue of office or such appointments the members of the authority shall enter upon their duties. To be eligible for appointment as a member of the authority, a person shall be at least 21 years of age, a resident of Gordon County, Georgia for at least two years prior to the date of his or her appointment, and shall not have been convicted of a felony. Any member of the authority may be selected and appointed to succeed himself or herself. (c) The board of commissioners of Gordon County may provide by resolution for compensation for the services of the members of the authority in such amounts as it may deem appropriate; provided, however, that such members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. 3792 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II (d) The members of the authority shall elect one of their number as chairperson and another as a vice chairperson. The members of the authority shall also elect a secretary, who need not be a member of the authority. The Gordon County finance director shall serve as the treasurer. The treasurer may also serve as secretary. The treasurer shall have no voting rights. If the secretary is not a member of the authority, the secretary shall have no voting rights. Each officer other than the treasurer shall serve for a period of one year and until his or her successors is duly elected and qualified. (e) Two members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the authority. SECTION 3. Definitions. As used in this Act, the term: (1) "Authority" means the Gordon County Public Facilities Authority created by this Act. (2) "Costs of the project" means and embraces the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment; financing charges; interest prior to and during construction and for six months after completion of construction; the cost of engineering, architectural, fiscal agents, accounting, legal, plans and specifications, and other expenses necessary or incidental to determining the feasibility or practicability of the project; administrative expenses and such other expenses as may be necessary or incident to the financing herein authorized; working capital; and all other costs necessary to acquire, construct, add to, extend, improve, equip, operate, and maintain the project. (3) "Project" means: (A) All buildings, facilities, and equipment necessary or convenient for the efficient operation of: (i) Gordon County, Georgia, or any department, agency division or commission thereof; (ii) The Gordon County School District; or (iii) Any other political subdivision or municipality of the State of Georgia located within Gordon County, Georgia; and (B) Any "undertaking" permitted by the "Revenue Bond Law." (4) "Revenue Bond Law" means the "Revenue Bond Law" of the State of Georgia found at Article 3 of Chapter 82 of Title 36 of the O.C.G.A. or any other similar law hereinafter enacted. (5) "Revenue bonds" means revenue bonds authorized to be issued pursuant to this Act. (6) "Self-liquidating" means any project which the revenues and earnings to be derived by the authority therefrom, including but not limited to any contractual payments with governmental or private entities, and all properties used, leased, and sold in connection GEORGIA LAWS 2011 SESSION 3793 therewith, together with any grants, will be sufficient to pay the costs of operating, maintaining, and repairing the project and to pay the principal and interest on the revenue bonds or other obligations which may be issued for the purpose of paying the costs of the project. (7) "State" means the State of Georgia. SECTION 4. Powers. The authority shall have the power: (1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, gift, condemnation, or otherwise and to hold, operate, maintain, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights or easements therein, or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue, and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the authority, the authority being under no obligation to accept and pay for any property condemned under this Act, except from the funds provided under the authority of this Act, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceedings as may be just to the authority and to the owners of the property to be condemned, and no property shall be acquired under the provisions of this Act upon which any lien or encumbrance exists, unless at the time such property is so acquired a sufficient sum of money is to be deposited in trust to pay and redeem the fair value of such lien or encumbrance; (4) To appoint, select, and employ officers, agents, and employees, including engineering architectural and construction experts, fiscal agents, and attorneys and fix their respective compensations; (5) To execute contracts, leases, installment sale agreements, and other agreements and instruments necessary or convenient in connection with the acquisition, construction, addition, extension, improvement, equipping, operation, or maintenance of a project; and any and all persons, firms, and corporations, Gordon County, Georgia, Gordon County School District, and any other political subdivision or municipality of the State of Georgia located in Gordon County, Georgia, is authorized to enter into contracts, leases, installment sale agreements, and other agreements or instruments with the authority upon such terms and for such purposes as it deems advisable and as it is authorized by law; 3794 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II (6) To acquire, construct, add to, extend, improve, equip, hold, operate, maintain, lease, and dispose of projects; (7) To pay the costs of the project with the proceeds of revenue bonds or other obligations issued by the authority or from any grant or contribution from the United States of America or any agency or instrumentality thereof or from the state or any agency or instrumentality or other political subdivision thereof or from any other source whatsoever; (8) To accept loans and grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may require; (9) To accept loans and grants of money or materials or property of any kind from the state or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the state or such agency or instrumentality or political subdivision may require; (10) To borrow money for any of its corporate purposes and to issue revenue bonds and to provide for the payment of the same and for the rights of the holders thereof; (11) To exercise any power usually possessed by private corporations performing similar functions, including the power to incur short-term debt and to approve, execute, and deliver appropriate evidence of any such indebtedness; and (12) To do all things necessary or convenient to carry out the powers expressly given in this Act. SECTION 5. Revenue bonds. The authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the authority created by this Act, shall have power and is authorized to provide by resolution for the issuance of revenue bonds of the authority for the purpose of paying all or any part of the costs of the project and for the purpose of refunding revenue bonds or other obligations previously issued. The principal of and interest on such revenue bonds shall be payable solely from the special fund provided for such payment. The revenue bonds of each issue shall be dated, shall bear interest at such rate or rates per annum, payable at such time or times, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution for the issuance of such revenue bonds. GEORGIA LAWS 2011 SESSION 3795 SECTION 6. Same; form; denomination; registration; place of payment. The authority shall determine the form of the revenue bonds and shall fix the denomination or denominations of the revenue bonds. The revenue bonds may be issued in coupon or registered form, or both, as the authority may determine, and provision may be made for registration and exchangeability privileges. The authority shall fix the place or places of payment of principal and interest thereon. SECTION 7. Same; signatures; seal. All such revenue bonds shall bear the manual or facsimile signature of the chairperson or vice chairperson of the authority and the attesting manual or facsimile signature of the secretary, assistant secretary, or secretary-treasurer of the authority, and the official seal of the authority shall be impressed or imprinted thereon. Any coupons attached thereto shall bear the manual or facsimile signatures of the chairperson or vice chairperson and the secretary, assistant secretary, or secretary-treasurer of the authority. Any revenue bonds or coupons attached thereto may bear the manual or facsimile signature of such persons as at the actual time of the execution of such revenue bonds or coupons shall be duly authorized or hold the proper office, although at the date of issuance of such revenue bonds such person may not have been so authorized or shall not have held such office. In case any officer whose signature shall appear on any revenue bond or any coupon shall cease to be such officer before the delivery of such revenue bond, such signature shall nevertheless be valid and sufficient for all purposes, the same as if that person had remained in office until such delivery. SECTION 8. Same; negotiability; exemption from taxation. All revenue bonds shall have and are declared to have all the qualities and incidents of negotiable instruments under the laws of the state. All revenue bonds, their transfer, and the income therefrom shall be exempt from all taxation within the state. SECTION 9. Same; sale; price; proceeds. The authority may sell revenue bonds in such manner and for such price as it may determine to be in the best interest of the authority. The proceeds derived from the sale of revenue bonds shall be used solely for the purpose or purposes provided in the resolutions and proceedings authorizing the issuance of such revenue bonds. 3796 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 10. Same; interim receipts and certificates or temporary bonds. Prior to the preparation of any definitive revenue bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary revenue bonds, with or without coupons, exchangeable for definitive revenue bonds upon the issuance of the latter. SECTION 11. Same; replacement of lost or mutilated bonds. The authority may provide for the replacement of any revenue bonds or coupons which shall become mutilated or be destroyed or lost. SECTION 12. Same; conditions precedent to issuance. The authority shall adopt a resolution authorizing the issuance of the revenue bonds. In the resolution, the authority shall determine that the project financed with the proceeds of the revenue bonds is self-liquidating. Revenue bonds may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions, and things which are specified or required by this Act. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the authority by a majority of its members at such meeting. SECTION 13. Credit not pledged. Revenue bonds shall not be deemed to constitute a debt of Gordon County, Georgia, nor a pledge of the faith and credit of said county, but such revenue bonds shall be payable solely from the fund hereinafter provided for. The issuance of such revenue bonds shall not directly, indirectly, or contingently obligate said county to levy or to pledge any form of taxation whatsoever for payment of such revenue bonds or to make any appropriation for their payment, and all such revenue bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. Notwithstanding the foregoing provisions, this Act shall not affect the ability of the authority and any political subdivision or municipality to enter into an intergovernmental contract pursuant to which the political subdivision or municipality agrees to pay amounts sufficient to pay operating charges and other costs of the authority or any project including, without limitation, the principal of and interest on revenue bonds in consideration for services or facilities of the authority. GEORGIA LAWS 2011 SESSION 3797 SECTION 14. Trust indenture as security. In the discretion of the authority, any issuance of revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside the state. Either the resolution providing for the issuance of the revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition and construction of the project, the maintenance, operation, repair, and insuring of the project and the custody, safeguarding, and application of all moneys. SECTION 15. To whom proceeds of bonds shall be paid. In the resolution providing for the issuance of revenue bonds or in the trust indenture, the authority shall provide for the payment of the proceeds of the sale of the revenue bonds to any officer or person who, or any agency, bank or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes thereof, subject to such regulations as this Act and such resolution or trust indenture may provide. SECTION 16. Sinking fund. The moneys received pursuant to an intergovernmental contract and the revenues, fees, tolls, charges, and earnings derived from any particular project or projects, regardless of whether or not such revenues, fees, tolls, fines, charges, and earnings were produced by a particular project for which revenue bonds have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance of the revenue bonds or in the trust indenture may provide, and such funds so pledged from whatever source received shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund, which said sinking fund shall be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal or purchase price of such revenue bonds as the same shall fall due, (3) any premium upon such revenue bonds as the same shall fall due, (4) the purchase of such revenue bonds in the open market, and (5) the necessary charges of the paying agent for paying principal and interest. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution 3798 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. SECTION 17. Remedies of bondholders. Any holder of revenue bonds or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the revenue bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the state, including specifically but without limitation the "Revenue Bond Law" or granted hereunder or under such resolution or trust indenture and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture to be performed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, fines, and other charges for the use of the facilities and services furnished. SECTION 18. Validation. Revenue bonds and the security therefor shall be confirmed and validated in accordance with the procedure of the "Revenue Bond Law." The petition for validation shall also make party defendant to such action the state and any institution, department, or other agency thereof, and any county, municipality, school district, or other political subdivision or authority of the state which has contracted with the authority for services or facilities relating to the project for which revenue bonds are to be issued and sought to be validated, and such defendant shall be required to show cause, if any exists, why such contract or contracts shall not be adjudicated as a part of the basis for the security for the payment of any such revenue bonds. The revenue bonds when validated and the judgment of validation shall be final and conclusive with respect to such revenue bonds and the security for the payment thereof and interest thereon and against the authority and all other defendants. SECTION 19. Venue and jurisdiction. 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 Gordon County, Georgia, and any action pertaining to validation of any revenue bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions. GEORGIA LAWS 2011 SESSION 3799 SECTION 20. Interest of bondholders protected. While any of the revenue bonds, issued by the authority remain outstanding, the powers, duties, or existence of said authority or its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such revenue bonds, and no other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interest and rights of the holders of such revenue bonds, nor will the state itself so compete with the authority. The provisions of this Act shall be for the benefit of the authority and the holders of any such revenue bonds, and upon the issuance of such revenue bonds under the provisions hereof, shall constitute a contract with the holders of such revenue bonds. SECTION 21. Moneys received considered trust funds. All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenue, income, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act. SECTION 22. Purpose of the authority. Without limiting the generality of any provision of this Act, the general purpose of the authority is declared to be that of providing buildings, facilities, equipment, and services for the citizens in Gordon County, Georgia. SECTION 23. Rates, charges, and revenues; use. The authority is authorized to prescribe and fix rates and to revise same from time to time and to collect revenues, tolls, fees, and charges for the services, facilities, and commodities furnished, and, in anticipation of the collection of the revenues, to issue revenue bonds or other types of obligations as herein provided to finance, in whole or in part, the costs of the project and to pledge to the punctual payment of said revenue bonds or other obligations all or any part of the revenues. 3800 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 24. Rules, regulations, service policies, and procedures for operation of projects. It shall be the duty of the authority to prescribe or cause to be prescribed rules, regulations, service policies, and procedures for the operation of any project or projects constructed or acquired under the provisions of this Act. The authority may adopt bylaws. SECTION 25. Tort immunity. To the extent permitted by law, the authority shall have the same immunity and exemption from liability for torts and negligence as Gordon County, Georgia; and the officers, agents, and employees of the authority when in the performance of the work of the authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of Gordon County, Georgia, when in the performance of their public duties or work of the county. SECTION 26. Tax-exempt status of authority. The properties of the authority, both real and personal, are declared to be public properties used for the benefit and welfare of the people of the state and not for purposes of private or corporate benefit and income, and such properties and the authority shall be exempt from all taxes and special assessments of any municipality, county, or the state and any political subdivision thereof. SECTION 27. Effect on other governments. This Act shall not and does not in any way take from Gordon County, Georgia, or any political subdivision or municipality the authority to own, operate, and maintain public facilities or to issue revenue bonds as provided by the "Revenue Bond Law." SECTION 28. Liberal construction of act. This Act being for the welfare of various political subdivisions and municipalities of the State and its inhabitants shall be liberally construed to effect the purposes hereof. GEORGIA LAWS 2011 SESSION 3801 SECTION 29. Severability; effect of partial invalidity of act. The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. SECTION 30. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 31. 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 2011 session of the General Assembly of Georgia a bill to create the Gordon County Public facilities Authority and to provide for the appointment of members of the authority; to confer powers upon the authority; to authorize the issuance of revenue bonds of the authority payable from the revenues, tolls, fees, charges, and earnings of the authority, contract payments to the authority, and other moneys pledged therefor and to authorize the collection and pledging of the revenues, tolls, fees, charges, earnings, and contract payments of the authority for the payment of such revenue bonds; to authorize the execution of resolutions and trust indentures to secure the payment of the revenue bonds of the authority and to define the rights of the holders of such obligations; to make the revenue bonds of the authority exempt from taxation; to fix and provide the venue and jurisdiction of actions relating to any provisions of this Act; to provide for the validation of bonds; to provide for related matters; to provide for the separate enactment of each provision of this Act; to provide for an effective date; to repeal conflicting laws; and for other purposes. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Meadows, who on oath deposes and says that he is the Representative from District 5 and further deposes and says that the attached Notice of Intention to Introduce 3802 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II Local Legislation was published in the Calhoun Times which is the official organ of Gordon County on March 2, 2011, and that the notice requirements of Code Section 28-1-14 have been met. s/ JOHN MEADOWS John Meadows Representative, District 5 Sworn to and subscribed before me, this 7th day of March 2011. s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL) Approved May 11, 2011. __________ CITY OF FAYETTEVILLE REDEVELOPMENT POWERS; REFERENDUM. No. 136 (House Bill No. 495). 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 LAWS 2011 SESSION 3803 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 may call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Fayetteville for approval or rejection. The municipal election superintendent shall conduct that election on any permissible referendum date not later than November 30, 2012, and may 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 ( ) NO Shall the Act be approved which authorizes the City of Fayetteville to exercise redevelopment powers under the 'Redevelopment Powers Law,' as it may be amended from time to time, for the purpose of improving economic and social conditions in the depressed areas within the city?" All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become of full force and effect immediately. If Section 1 of this Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Fayetteville. It shall be the municipal election superintendent's duty to certify the result thereof to the Secretary of State. SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 2011 session of the Georgia General Assembly local legislation to empower the City of Fayetteville to exercise 3804 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II redevelopment powers as permitted under the provision 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 14th day of February, 2011. 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 Fayette County News which is the official organ of Fayette County on February 15, 2011, 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 4th day of March 2011. s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL) Approved May 11, 2011. __________ TOWN OF HILTONIA NEW CHARTER. No. 137 (House Bill No. 496). AN ACT To provide a new charter for the Town of Hiltonia; to provide for incorporation, boundaries, and powers of the municipality; to provide for a governing authority of such municipality and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office GEORGIA LAWS 2011 SESSION 3805 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 municipal attorney, a municipal 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 appeal; 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 municipal 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 severability; 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 1.10. Name. This municipality 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 Town of Hiltonia, Georgia, and by that name shall have perpetual succession. SECTION 1.11. Corporate boundaries. (a) The boundaries of this municipality 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 municipality 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 municipal clerk and to be designated, as the case may be: "Official map (or description) of the corporate limits of the Town of Hiltonia, Georgia." Photographic, typed, or other copies of such map or description certified by the municipal clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. 3806 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II (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 entire map or maps which it is designated to replace. SECTION 1.12. Powers and construction. (a) This municipality shall have all powers possible for a municipality 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 municipality shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of this municipality shall be construed liberally in favor of the municipality. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this municipality. (c) The powers of the government of the Town of Hiltonia to be exercised by the mayor and council 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 municipality; 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 municipality; (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 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 failure to pay any municipality taxes or fees; (5) Condemnation. To condemn property, inside or outside the corporate limits of the municipality, 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 inside or outside the municipality and to make and carry out all GEORGIA LAWS 2011 SESSION 3807 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 municipality; (8) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of the municipality, the region, and the state through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of storm water and establishment of a storm-water utility, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (9) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (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 municipality 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 municipality 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 municipality 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 squares in the municipality, 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 municipality; (16) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the municipality and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; 3808 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II (17) Municipal debts. To appropriate and borrow money for the payment of debts of the municipality 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 municipality; (19) Municipal property protection. To provide for the preservation and protection of property and equipment of the municipality 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, 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; and 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 municipality as provided by ordinance; (21) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (22) Ordinances, rules, and regulations. To make, establish, and adopt such bylaws, ordinances, policies, and rules and regulations as shall appear necessary for the security, welfare, convenience, and interest of the municipality and the inhabitants thereof and for preserving the health, peace, order, and good government of the municipality; (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 municipality planning for development by zoning and to provide subdivision regulation and the like as the municipality council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community; (25) Police and fire protection. To exercise the power of arrest through duly appointed peace 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, and parking facilities or of 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 municipality; and to regulate the use of public GEORGIA LAWS 2011 SESSION 3809 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; (28) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (29) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (30) Public utilities and services. To grant franchises or make contracts for public utilities and public services and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as such are 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 municipality, 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 municipality; (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 municipality; to negotiate and execute leases over, through, under, or across any municipality property or the right of way of any street, road, alley, and walkway or portion thereof within the corporate limits of the municipality for bridges, passageways, or any other purpose or use between buildings on opposite sides of the street and for other bridges, overpasses, and underpasses for private use at such location and to charge a rental therefor in such manner as may be provided by ordinance; to authorize and control the construction of bridges, overpasses, and underpasses within the corporate limits of the municipality; 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 restate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or land and to impose penalties for failure to do so; (34) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system and to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system; (35) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by 3810 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 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 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; (37) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (38) Taxes: ad valorem. To levy and provide for 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 municipality; 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 municipality and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia. 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 municipality, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia. GEORGIA LAWS 2011 SESSION 3811 ARTICLE II. GOVERNMENT STRUCTURE DIVISION 1. LEGISLATIVE BRANCH SECTION 2.10. Mayor and council--creation; number; election. The legislative authority of the government of this municipality, except as otherwise specifically provided in this charter, shall be vested in a mayor and council to be composed of a mayor and six members of the council. The mayor and councilmembers shall be elected in the manner provided by this charter. SECTION 2.11. Mayor and council terms and qualifications for office. (a) The mayor and council in office on the effective date of this charter shall continue in office until their respective successors are elected and qualified. (b) In 2011, there shall be an election for mayor for a four-year term, three councilmembers for a two-year term, and three councilmembers for a four-year term. (c) Beginning with the election in 2013, the mayor and each member of the 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 such person has been a resident of the municipality for a period of at least 12 months immediately prior to the date of the election of the mayor or members of the council; each shall continue to reside therein during period of service and to be registered and qualified to vote in municipal elections of this municipality. SECTION 2.12. Vacancy; filling of vacancies; suspensions. (a) Vacancies. The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, as provided for in Section 5.14 of this charter. (b) Suspension. Upon the suspension from office of the mayor or a councilmember in any manner authorized by the general laws of the State of Georgia, the mayor and 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 Section 5.14 of this charter. 3812 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 2.13. Mayor and council--compensation and expenses. The mayor and each councilmember 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 municipality are trustees and servants of the residents of the municipality 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 municipality or any agency or political entity to which this charter applies shall knowingly: (1) Engage in any business or transaction nor have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of official duties or which would tend to impair the independence of judgment or action in the performance of official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of official duties or would tend to impair the independence of judgment or action in the performance of 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 such official, officer, or employee 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, thing, or promise, from any person, firm, or corporation which to such official, officer, or employee's knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which such person is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; provided, further, that an elected official may receive a valuable gift, the value of which may not exceed $100.00 per quarter of a calendar year nor exceed $250.00 per calendar year; provided, further, that the same valuable gift must be offered to all councilmembers; and in the event an elected official wishes to accept a gift exceeding these guidelines, then the elected official must obtain a waiver approved by a majority vote of the municipal council; or (5) Represent other private interests in any action or proceeding against this municipality or any portion of its government. GEORGIA LAWS 2011 SESSION 3813 (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 municipality shall disclose such private interest to the mayor and council. The mayor or any councilmember who has a private interest in any matter pending before the mayor and council shall disclose such private interest, and such disclosure shall be entered on the records of the mayor and council, and such 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 municipality 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 mayor and council or the governing body of such agency or entity. (e) Contracts voidable and rescindable. Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the mayor and council. (f) Ineligibility 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 municipality or otherwise be employed by said government or any agency thereof during the term for which such person was elected. No former mayor or former councilmember shall hold any compensated appointive office in the municipality until one year after the expiration of the term for which such person was elected. (g) Political activities of certain officers and employees. No appointed officer or employee of the municipality shall continue in such employment upon qualifying as a candidate for nomination or election to any public office for the Town of Hiltonia. (h) Penalties for violation. (1) Any municipal 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 the office or position. (2) Any officer or employee of the municipality who shall forfeit 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 municipality government for a period of three years thereafter. 3814 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 2.15. Inquiries and investigations. The mayor and council may make inquiries and investigations into the affairs of the municipality 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 mayor and council shall be punished as provided by ordinance. SECTION 2.16. General power and authority of the mayor and council. Except as otherwise provided by other provisions of this charter, the mayor and council shall exercise that authority and those powers as provided by Article I of this charter. SECTION 2.17. Eminent domain. The mayor and council are 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; to provide any other public improvements inside or outside the municipality; and to regulate the use thereof; and, for such purposes, property may be condemned under procedures established under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted. DIVISION 2. ORGANIZATION AND PROCEDURES SECTION 2.18. Organizational meetings. The mayor and council shall hold an organizational meeting on the first business day of the new year. The meeting shall be called to order by the municipal 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 or councilmember) of this municipality and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof. I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I by the GEORGIA LAWS 2011 SESSION 3815 laws of the State of Georgia am prohibited from holding. I am otherwise qualified to hold said office according to the Constitution and laws of Georgia. I have been a resident of the Town of Hiltonia for the time required by the Constitution and laws of this state and by the municipal charter. I will perform the duties of my office in the best interest of the Town of Hiltonia to the best of my ability without fear, favor, affection, reward, or expectation thereof." SECTION 2.19. Regular and special meetings. (a) The mayor and council shall hold regular meetings at such times and places as prescribed by ordinance. (b) Special meetings of the mayor and council may be held on call of two councilmembers or the mayor and one councilmember. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to the mayor and councilmembers shall not be required if four members of the council 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. SECTION 2.20. Rules of procedure. (a) The mayor and council shall adopt rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of proceedings, which shall be a public record. (b) All committees and committee chairpersons and officers of the mayor and council shall be appointed by the mayor and council and shall serve at their pleasure. The mayor and council shall have the power to appoint new members to any committee at any time. SECTION 2.21. Quorum: voting. (a) Four of the councilmembers shall constitute a quorum, which shall not include the mayor, and shall be authorized to transact business of the mayor and council. Voting on the 3816 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II adoption of ordinances shall be by a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of four councilmembers (including the mayor's vote in the case of a tie) shall be required for the adoption of any ordinance. Further, except as otherwise provided in this charter, the affirmative vote of a majority of the quorum present (including the mayor's vote in the case of a tie) shall be required for the adoption of any resolution or motion. The mayor shall be empowered to vote in case of a tie vote between the councilmembers in order to break the tie. (b) In the event vacancies in office result in less than a quorum of the councilmembers holding office, then the remaining councilmembers in office shall constitute a quorum and shall be authorized to transact business of the mayor and council. A vote of a majority of the remaining councilmembers shall be required for the adoption of any ordinance, resolution, or motion. SECTION 2.22. 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 "The mayor and council of the Town of Hiltonia hereby ordain ...." and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the mayor and council. Ordinances shall be considered and adopted or rejected by the mayor and council in accordance with the rules which they 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 each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the mayor and council may designate. SECTION 2.23. Action requiring an ordinance. Acts of the mayor and 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 mayor and council may convene on call of the mayor or two councilmembers and promptly adopt GEORGIA LAWS 2011 SESSION 3817 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, shall contain, after the enacting clause, a declaration stating that an emergency exists, and shall describe 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 two councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 90 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. (b) Such meetings shall be open to the public to the extent required by law and notice to the public of emergency meetings shall be made as fully as is reasonably possible in accordance with Code Section 50-14-1 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted. SECTION 2.25. Codes of technical regulations. (a) The mayor and council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) The requirements of subsection (b) of Section 2.22 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations as well as the adopting ordinance; and (2) A copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.26 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for distribution or for purchase at a reasonable price which may include referral to a bookstore or online copy of said materials. SECTION 2.26. Signing; authenticating; recording; codification; printing. (a) The clerk shall authenticate by signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the mayor and council. 3818 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II (b) The mayor and council shall provide for the preparation of a general codification of all the ordinances of the municipality having the force and effect of law. The general codification shall be adopted by the mayor and council by ordinance and shall be published promptly together with all amendments thereto and such codes of technical regulations and other rules and regulations as the mayor and council may specify. This compilation shall be known and cited officially as "The Code of the Town of Hiltonia, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the municipality and shall be made available for purchase by the public at a reasonable price as fixed by the council. (c) The mayor and 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 council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The mayor and council shall make such 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. Selection of mayor pro tempore. By a majority vote of all its members, the mayor and council by the second meeting of the new year shall elect a councilmember to serve as mayor pro tempore who shall serve at the pleasure of the mayor and council. The mayor pro tempore shall continue to vote and otherwise participate as a councilmember. SECTION 2.28. Powers and duties of mayor. The mayor shall: (1) Preside at all meetings of the mayor and council; (2) Be the head of the municipality for the purpose of service of process and for ceremonial purposes and shall be the official spokesperson for the municipality 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 municipality all written and approved contracts, ordinances, and other instruments executed by the municipality which by law are required to be in writing; and (5) Vote on matters before the municipal council only in the case of a tie and not be counted toward a quorum as other councilmembers. GEORGIA LAWS 2011 SESSION 3819 SECTION 2.29. Mayor pro tempore; duties. Upon the mayor's disability or absence, the mayor pro tempore shall preside at all meetings of the mayor and council and shall assume the duties and powers of the mayor. The council by a majority vote shall elect a new presiding officer from among its members for any period in which the mayor pro tempore is disabled, absent, or acting as mayor. Any such absence or disability of the mayor shall be declared by majority vote of the council. ARTICLE III. ADMINISTRATIVE AFFAIRS DIVISION 1. IN GENERAL SECTION 3.10. Administrative and service departments. (a) Except as otherwise provided in this charter, the mayor and 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 municipality as necessary for the proper administration of the affairs and government of this municipality. (b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the municipality 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 be responsible for the administration and direction of the affairs and operations of department or agency. (e) All directors shall be appointed by the mayor and council. All appointed officers and directors shall be employees at will and subject to removal or suspension at any time by the mayor and council unless otherwise provided by law or ordinance. SECTION 3.11. Municipal boards, municipal commissions, and municipal authorities. (a) The mayor and council shall create by ordinance such municipal boards, municipal commissions, and municipal authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the municipal council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of municipal boards, municipal commissions, and municipal authorities shall be appointed by the mayor and council for such terms of office and in such manner as 3820 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The mayor and council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any municipal board, municipal commission, or municipal authority. (d) Except as otherwise provided by charter or by law, no member of any municipal board, municipal commission, or municipal authority shall hold any elective office in the municipality. (e) Any vacancy on a municipal board, municipal commission, or municipal authority shall be filled for the unexpired term in the manner prescribed in this charter for original appointment, except as otherwise provided by this charter or by law. (f) No member of a municipal board, municipal commission, or municipal authority shall assume office until such member has executed and filed with the clerk of the municipality an oath obligating that member to faithfully and impartially perform the duties of office, such oath to be prescribed by ordinance and administered by the mayor. (g) Any member of a municipal board, municipal commission, or municipal authority may be removed from office for cause by a vote of five members of the council. (h) Except as otherwise provided by this charter or by law, each municipal board, municipal commission, or municipal authority shall elect one of its members as chairperson and one member as vice chairperson and may elect as its secretary one of its own members or may appoint as secretary an employee of the municipality. Each municipal board, municipal commission, or municipal authority may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the municipality, 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 municipality. DIVISION 2. ADMINISTRATIVE OFFICERS SECTION 3.12. Municipal attorney. The mayor and council shall appoint a municipal attorney, together with such assistant municipal attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the municipality. The municipal attorney shall be responsible for representing and defending the municipality in all litigation in which the municipality is a party, may be the prosecuting officer in the municipal court, shall attend the meetings of the mayor and council as directed, shall advise the mayor and council and other officers and employees of the municipality concerning legal aspects of the municipality's affairs, and shall perform such other duties as may be required of the municipal attorney by virtue of position as municipal attorney. GEORGIA LAWS 2011 SESSION 3821 SECTION 3.13. Municipal clerk. The mayor and council shall appoint a municipal clerk who shall not be a councilmember. The municipal clerk shall be custodian of the official town seal, maintain such records as are required by this charter, and perform such other duties as may be required by the mayor and council. SECTION 3.14. Municipal accountant. The mayor and council shall appoint a municipal accountant to perform the duties of an accountant. DIVISION 3. PERSONNEL ADMINISTRATION SECTION 3.15. Position classification and pay plans. The mayor and municipal clerk shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the mayor and council for approval. Such plan may apply to all employees of the municipality and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the mayor and 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 municipal officials are not municipal employees. SECTION 3.16. Personnel policies. The mayor and council shall adopt rules and regulations consistent with this charter concerning: (1) The method of employee selection and probationary periods of employment; (2) The administration of the position classification and pay plan, methods of promotion and application of service ratings thereto, and transfer of employees within the classification plan; (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. 3822 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II ARTICLE IV. JUDICIAL BRANCH SECTION 4.10. Creation; name. There shall be a court to be known as the Municipal Court of the Town of Hiltonia. SECTION 4.11. Municipal 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 the mayor and council. The method of selection and terms of such judges shall be provided by the mayor and council. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless such person 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 mayor and council. (c) Compensation of the judges shall be fixed by the mayor and council. (d) Judges may be removed for cause by a vote of five members of the council. (e) Before assuming office, each judge shall take an oath, given by the mayor, that he or she will honestly and faithfully discharge the duties of office to the best of ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the journal of the mayor and council as required in Section 2.20 of this charter. SECTION 4.12. Convening. The municipal court shall be convened at regular intervals. SECTION 4.13. Jurisdiction; powers. (a) The municipal court shall try and punish violations of this charter, all municipal 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 $600.00, 20 days in jail, or both $600.00 and 20 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. GEORGIA LAWS 2011 SESSION 3823 (d) 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. (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 appearance and shall fail to appear at the time fixed for trial, bond shall be forfeited by the presiding judge at such time, and an execution shall be issued thereon by serving the defendant and 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 municipality 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 municipal 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 municipality, 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 municipality. 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 Screven 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 mayor and 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 mayor and council may adopt in part or in toto the rules and regulations applicable to superior courts. 3824 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II The rules and regulations made or adopted shall be filed with the municipal 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. Elections; time for holding. The mayor and council shall cause an election to be held at such place in the municipality as the mayor and council shall direct and designate. All general municipal elections shall be held on the Tuesday next following the first Monday in November in 2011 and on such day biennially thereafter. Except for the election in 2011, each elected officer shall serve for a term of four years, the term beginning the day of taking the oath of office as provided in Section 2.18 of this charter. Three of the councilmembers elected in November of 2011 shall be elected for two-year terms as set forth in Section 2.11 of this charter. Notwithstanding any provision of this charter, no term of office to which a person has been elected prior to the effective date of this charter shall be shortened or lengthened except pursuant to the procedures established by state law. SECTION 5.12. Qualifying; absentee ballots; other provisions. Except as otherwise provided by this charter, the mayor and council, by ordinance, may prescribe rules and regulations governing qualifying fees, absentee ballots, write-in votes, challenge of votes, and such other rules and regulations as it deems necessary to fulfill any options and duties in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended. SECTION 5.13. Election by plurality vote; nonpartisan elections. (a) The candidate receiving a plurality of the votes cast for each respective position shall be elected to the council to fill that particular vacancy on the council. The procedures and requirements for election of all elected officers of the municipality shall be in accordance GEORGIA LAWS 2011 SESSION 3825 with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended. (b) Political parties shall not conduct primaries for municipal offices and all names of candidates for municipal offices shall be listed without party designations. SECTION 5.14. Special election; vacancies. In the event that the office of mayor or councilmember shall become vacant for any cause whatsoever, the mayor and 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 next municipal election, the mayor and 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. ARTICLE VI. FINANCE SECTION 6.10. Property tax. The mayor and council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the municipality 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 municipal 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 mayor and council in their discretion. SECTION 6.11. Millage rate; due dates; payment methods. The mayor and council by ordinance, shall establish a millage rate for the municipal property tax, a due date, and the time period within which 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 authorize voluntary payment of taxes prior to the time when due. SECTION 6.12. Occupation and business taxes. The mayor and council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. The mayor and council may classify businesses, 3826 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 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 mayor and 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 mayor and council shall have the power to grant franchises for the use of this municipality'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 mayor and 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 municipality receives just and adequate compensation therefor. The mayor and council shall provide for the registration of all franchises with the municipal clerk in a registration book kept by the clerk. The mayor and 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 mayor and council have the authority to impose a tax on gross receipts for the use of this municipality's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies and other similar organizations. SECTION 6.15. Service charges. The mayor and 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 municipality for the total cost to the municipality of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. GEORGIA LAWS 2011 SESSION 3827 SECTION 6.16. Special assessments. The mayor and council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. SECTION 6.17. Construction; other taxes. This municipality 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 municipality to govern its local affairs. SECTION 6.18. Collection of delinquent taxes and fees. The mayor and council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the municipality 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 municipal licenses for failure to pay any municipal taxes or fees; and providing for the assignment or transfer of tax executions. SECTION 6.19. General obligation bonds. The mayor and council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken. 3828 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 6.20. Revenue bonds. Revenue bonds may be issued by the mayor and 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 municipality 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. Fiscal year. The mayor and council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the municipality government. SECTION 6.23. Preparation of budgets. The mayor and council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement program, and a capital budget, including requirements as to the scope, content, and form of such budgets and programs. SECTION 6.24. Submission of operating budget. On or before a date fixed by the mayor and council but not later than 60 days prior to the beginning of each fiscal year, the mayor and municipal clerk shall submit to the council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a statement of the general fiscal policies of the municipality, 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 may be pertinent. The operating budget and the capital improvements budget hereinafter provided for, the budget statement, and all supporting documents shall be filed in the office of the municipal clerk and shall be open to public inspection. GEORGIA LAWS 2011 SESSION 3829 SECTION 6.25. Action by mayor and council on budget. (a) The mayor and council may amend the operating budget; provided, however, 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 mayor and council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than 15 days prior to the beginning of each fiscal year. If the mayor and council fail 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 items prorated accordingly until such time as the mayor and council adopt 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. Following adoption of the operating budget, the mayor and 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 municipality. SECTION 6.27. Changes in appropriations. The mayor and 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. 3830 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 6.28. Capital improvements budget. (a) On or before the date fixed by the mayor and council but no later than 30 days prior to the beginning of each fiscal year, the mayor and municipal clerk shall prepare a proposed capital improvements budget with recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The mayor and council shall have power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The mayor and council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 2.24 of this charter. (b) The mayor and council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than 15 days prior to the beginning of each fiscal year. No appropriation provided for in a prior capital improvements 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 improvements budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by ordinance. SECTION 6.29. Independent audit. There shall be an annual independent audit of all municipal accounts, funds, and financial transactions by a certified public accountant selected by the mayor and 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. If the municipality is eligible for using an annual report of agreed upon procedures pursuant to Code Section 36-81-7 of the O.C.G.A., it may substitute such review for the annual audit. Copies of all audit reports shall be available at printing costs to the public. SECTION 6.30. Contracting procedures. No contract with the municipality shall be binding on the municipality unless: (1) It is in writing; (2) It is drawn by or submitted to and reviewed by the municipal attorney and, as a matter of course, is signed by the municipal attorney to indicate such drafting or review; and (3) It is made or authorized by the mayor and council and such approval is entered in the mayor and council journal of proceedings pursuant to Section 2.20 of this charter. GEORGIA LAWS 2011 SESSION 3831 SECTION 6.30. Centralized purchasing. The mayor and council shall by ordinance prescribe procedures for a system of centralized purchasing for the municipality. SECTION 6.31. Sale of municipal property. (a) The mayor and council may sell and convey any real or personal property owned or held by the municipality for governmental or other purposes as now or hereafter provided by law. (b) The mayor and council may quitclaim any rights they 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 municipality has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the municipality, 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 municipality, the mayor and council may execute and deliver in the name of the municipality a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place when such swap is deemed to be in the best interest of the municipality. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the municipality 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 municipality, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the mayor and council shall from time to time require by ordinance or as may be provided by law. 3832 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 7.11. Prior ordinances. All ordinances, resolutions, rules, and regulations now in force in the municipality not inconsistent with this charter are hereby declared valid and of full effect and force until amended or repealed by the mayor and council. SECTION 7.12. Existing personnel and officers. Except as specifically provided otherwise by this charter, all personnel and officers of the municipality 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 mayor and 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 municipal agencies, personnel, or offices as may be provided by the mayor and 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 7.14. Severability. If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the GEORGIA LAWS 2011 SESSION 3833 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 7.15. Repealer. An Act incorporating the Town of Hiltonia in the County of Screven, approved August 14, 1915 (Ga. L.1915, p. 623), is hereby repealed in its entirety and all amendatory acts thereto are likewise repealed in their entirety. SECTION 7.16. Effective date. This Act shall become effective on July 1, 2011. 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 2011 session of the General Assembly of Georgia a bill to provide a new charter for the Town of Hiltonia; to provide for incorporation, boundaries, and powers of the municipality; to provide for a governing authority of such municipality 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 an 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 municipal attorney, a municipal 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 appeal; 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 municipal contracts and purchasing; to provide for the conveyance of property and interests therein; to provide 3834 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 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 severability; to provide for others matters relative to the foregoing; to repeal a specific Act; to provide for an effective date; and for other purposes. Representative Jon Burns, District 157 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jon Burns, who on oath deposes and says that he is the Representative from District 157 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Sylvania Telephone which is the official organ of Screven County on March 3, 2011, and that the notice requirements of Code Section 28-1-14 have been met. s/ JON BURNS Jon Burns Representative, District 157 Sworn to and subscribed before me, this 7th day of March 2011. s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL) Approved May 11, 2011. __________ CITY OF ADAIRSVILLE NEW CHARTER. No. 138 (House Bill No. 498). AN ACT To provide a new charter for the City of Adairsville; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, GEORGIA LAWS 2011 SESSION 3835 duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a city manager, mayor, and mayor pro tempore and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, and other personnel and matters relating thereto; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof and other matters relative to those judges; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; to provide for elections; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for auditing, accounting, budgeting, and appropriations; to provide for city contracts and purchasing; to provide for the conveyance of property and interests therein; to provide for bonds for officials; to provide for prior ordinances and rules, pending matters, and existing personnel; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I INCORPORATION AND POWERS SECTION 1.10. Name. The City of Adairsville, in Bartow County, Georgia, is reincorporated by the enactment of this charter and is constituted and declared a body politic and corporate under the name and style Adairsville, Georgia, and by that name shall have perpetual succession. SECTION 1.11. Corporate boundaries. (a) The boundaries of this city shall be those existing on the earliest effective date in 2011 of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The boundaries of this city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the city clerk and to be designated, as the case may be: "Official Map (or Description) of the corporate limits of the City of Adairsville, Georgia." Photographic, typed, or other copies 3836 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II of such map or description certified by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace. SECTION 1.12. Powers and construction. (a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. These powers shall include, but not be limited to, the following: (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 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 as granted to municipalities under the general laws of the State of Georgia, 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 GEORGIA LAWS 2011 SESSION 3837 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 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 and the laws of the State of Georgia; 3838 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II (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; (25) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (26) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, public grounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, other public utilities, public housing, airports, hospitals, terminals, docks, parking facilities, and charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; and to provide any other public improvements, inside or outside the corporate limits of the city; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are now or may hereafter be enacted; (27) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (28) Public transportation. To organize and operate or contract for such public transportation systems as are deemed beneficial; (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 GEORGIA LAWS 2011 SESSION 3839 by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Georgia Public Service Commission; (30) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, within 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 any intoxicating liquors, alcoholic beverages, and the use of firearms, subject to the limitations of the Constitutions of the United States and the State of Georgia and applicable laws of the State of Georgia; 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; 3840 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II (38) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; (39) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (40) Urban redevelopment. To organize and operate an urban redevelopment program; and (41) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated in this charter; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. SECTION 1.13. Exercise of powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia. 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 andfour councilmembers. The city council established in this charter shall in all respects be a successor to and continuation of the city governing authority under prior law. The mayor and councilmembers shall be elected in the manner provided by this charter. GEORGIA LAWS 2011 SESSION 3841 SECTION 2.11. City councilmembers; terms and qualifications for office. The members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. 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 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 the 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. SECTION 2.12. Vacancy; filling of vacancies; suspensions. (a) Vacancies. The office of mayor or councilmember shall become vacant upon such person's failing or ceasing to reside in the city or upon the occurrence of any event specified by the Constitution, Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted. (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. (c) Suspension. Upon the suspension from office of mayor or councilmember in any manner authorized by the general laws of the State of Georgia, the city council or those remaining shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and shall be filled 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. 3842 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 2.14. Holding other office; voting when personally interested. (a) Elected and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. (b) Conflict of interest. No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly: (1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of that person's official duties or which would tend to impair the independence of that person's judgment or action in the performance of that person's official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of that person's official duties or would tend to impair the independence of that person's judgment or action in the performance of that person's official duties; (3) Disclose confidential information, including information obtained at meetings which are closed pursuant to Chapter 14 of Title 50 of the O.C.G.A., concerning the property, government, or affairs of the governmental body by which that person is engaged without proper legal authorization or use such information to advance the financial or other private interest of that person or others; (4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation which to that person's knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which that person is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which that person has a financial interest. (c) Disclosure. Any elected official, appointed officer, or employee who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such interest to the city council. The mayor or any councilmember who has a financial interest in any matter pending before the city council shall disclose such interest, and such disclosure shall be entered on the records of the city council, and that person shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such interest to the governing body of such agency or entity. GEORGIA LAWS 2011 SESSION 3843 (d) Use of public property. No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (e) Contracts voidable and rescindable. Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render such contract or sale voidable at the option of the city council. (f) Ineligibility of elected official. Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which that person was elected. No former councilmember and no former mayor shall hold any compensated appointive office in the city until one year after the expiration of the term for which that person was elected. (g) Political activities of certain officers and employees. No appointed officer and no employee of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. No employee of the city shall continue in such employment upon election to any public office in this city or any other public office which is inconsistent, incompatible, or in conflict with the duties of the city employee. Such determination shall be made by the mayor and city council either immediately upon election or at any time such conflict may arise. (h) Penalties for violation: (1) Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited that person's office or position. (2) Any officer or employee of the city who shall forfeit that person's office or position as described in paragraph (1) of this subsection shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter. 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. 3844 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 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; oaths. The oath of office shall be administered by the City Clerk or other designee 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 shall be prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or two members of the city council. Notice of such special meeting shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or 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 shall 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 of a journal of its proceedings, which shall be a public record. GEORGIA LAWS 2011 SESSION 3845 (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 members of the city council 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 members of the city council shall be required for the adoption of any ordinance, resolution, or motion. An abstention shall be counted as an affirmative vote. For purposes of establishing a quorum and voting, the mayor shall be deemed to be a member of the city council. 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 Adairsville ..." and every ordinance shall so begin. (b) An ordinance may be introduced by the mayor or any member of the city council and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, that an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided for in Section 2.23 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. 3846 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 2.23. Emergencies. (a) To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or two councilmembers and may promptly adopt an emergency ordinance, but such ordinance shall not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least three councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. (b) Such meetings shall be open to the public to the extent required by law and notice to the public of emergency meetings shall be made as fully as is reasonably possible in accordance with Code Section 50-14-1 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted. SECTION 2.24. Codes of technical regulations. (a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of subsection (b) of Section 2.21 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.25 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for inspection by the public. GEORGIA LAWS 2011 SESSION 3847 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 Adairsville, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city and made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code. SECTION 2.26. 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. Removal of city manager. (a) The city council may remove the city manager from office in accordance with the following procedures: (1) The city council shall adopt by affirmative vote of a majority of all its members a preliminary resolution which shall state the reasons for removal and may suspend the city manager from duty for a period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the city manager; 3848 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II (2) Within five days after a copy of the resolution is delivered to the city manager, that person may file with the city council a written request for a public hearing. This hearing shall be held within 30 days after the request is filed. The city manager may file with the city council a written reply not later than five days before the hearing; and (3) If the city manager has not requested a public hearing within the time specified in paragraph (2) of this subsection, the city council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of all its members. If the city manager has requested a public hearing, the city council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of all its members at any time after the public hearing. (b) The city manager shall continue to receive the city manager's salary until the effective date of a final resolution of removal. SECTION 2.28. Acting city manager. By letter filed with the city clerk, the city manager shall designate, subject to approval of the city council, a qualified city administrative officer to exercise the powers and perform the duties of city manager during the city manager's temporary absence or physical or mental disability. During such absence or disability, the city council may revoke such designation at any time and appoint another officer of the city to serve until the city manager shall return or the city manager's disability shall cease. SECTION 2.29. Powers and duties of the city manager. The city manager shall be the chief executive and administrative officer of the city. The city manager shall be responsible to the city council for the administration of all city affairs placed in the city manager's charge by or under this charter. As the chief executive and administrative officer, the city manager shall: (1) Appoint and, when the city manager deems it necessary for the good of the city, suspend or remove all city employees and administrative officers the city manager appoints, except as otherwise provided by law or personnel ordinances adopted pursuant to this charter. The city manager may authorize any administrative officer who is subject to the city manager's direction and supervision to exercise these powers with respect to subordinates in that officer's department, office, or agency; (2) Direct and supervise the administration of all departments, offices, and agencies of the city, except as otherwise provided by this charter or by law; (3) Attend all city council meetings, except for closed meetings held for the purposes of deliberating on the appointment, discipline, or removal of the city manager, and have the right to take part in discussion, but the city manager may not vote; GEORGIA LAWS 2011 SESSION 3849 (4) See that all laws, provisions of this charter, and acts of the city council, subject to enforcement by the city manager or by officers subject to the city manager's direction and supervision, are faithfully executed; (5) Prepare and submit the annual operating budget and capital budget to the city council; (6) Submit to the city council and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year; (7) Make such other reports as the city council may require concerning the operations of city departments, offices, and agencies subject to the city manager's direction and supervision; (8) Keep the city council fully advised as to the financial condition and future needs of the city, and make such recommendations to the city council concerning the affairs of the city as the city manager deems desirable; and (9) Perform other such duties as are specified in this charter or as may be required by the city council. SECTION 2.30. Council's interference with administration. Except for the purpose of inquiries and investigations under Section 2.15 of this charter, the city council or its members shall deal with city officers and employees who are subject to the direction and supervision of the city manager solely through the city manager, and neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately. SECTION 2.31. Election of mayor; forfeiture; compensation. The mayor shall be elected and shall serve for a term of four years and until the mayor's successor is elected and qualified. The mayor shall be a qualified elector of this city and shall have been a resident of the city for 12 months prior to the election. The mayor shall continue to reside in this city during the period of the mayor's service. The mayor shall forfeit the office of mayor on the same grounds and under the same procedure as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers. SECTION 2.32. Mayor pro tempore. By a majority vote, the councilmembers 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. The mayor pro tempore shall continue 3850 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II to vote and otherwise participate as a councilmember. Any such disability or absence shall be declared by a majority vote of the councilmembers. 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 2.33. Powers and duties of mayor. The mayor shall: (1) Preside at all meetings of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes and be the official spokesperson for the city and the chief advocate of policy; (3) Have the power to administer oaths and to take affidavits; (4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, and other instruments executed by the city which by law are required to be in writing; (5) Vote on matters before the city council 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. SECTION 2.34. Submission of ordinances to the mayor; veto power. (a) Every ordinance adopted by the councilmembers shall be presented promptly by the city clerk to the mayor after its adoption. (b) The mayor, within ten calendar days of receipt of an ordinance, shall return it to the city clerk with or without the mayor's approval or with the mayor's disapproval. If the ordinance has been approved by the mayor, it shall become law upon its return to the city clerk; if the ordinance is neither approved nor disapproved, it shall become law at 12:00 Noon on the tenth calendar day after its adoption; if the ordinance is disapproved, the mayor shall submit to the councilmembers through the city clerk a written statement of the reasons for the veto. The city clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor. (c) Ordinances vetoed by the mayor shall be presented by the city clerk to the councilmembers at their next meeting. If the councilmembers then or at their next meeting adopt the ordinance by an affirmative vote of three members, it shall become law. (d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become GEORGIA LAWS 2011 SESSION 3851 law, and the part or parts disapproved shall not become law unless subsequently passed by the councilmembers over the mayor's veto as provided in this section. The reduced part or parts shall be presented to the councilmembers as though disapproved and shall not become law unless overridden by the councilmembers as provided in subsection (c) of this section. ARTICLE III ADMINISTRATIVE AFFAIRS SECTION 3.10. Administrative and service departments. (a) Except as otherwise provided in this charter, the city council by ordinance shall prescribe the functions or duties and establish, abolish, alter, consolidate, or leave vacant all nonelective offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the city manager, be responsible for the administration and direction of the affairs and operations of that director's department or agency. (e) All appointed officers and directors under the supervision of the city manager shall be nominated by the city manager with confirmation of appointment by the city council. All appointed officers and directors shall be employees at will and subject to removal or suspension at any time by the city manager unless otherwise provided by law or ordinance. 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. 3852 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II (d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed in this charter for original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until that person has executed and filed with the clerk of the city an oath obligating that person to perform faithfully and impartially the duties of that person's office, and such oath shall be prescribed by ordinance and administered by the mayor. (g) All members of boards, commissions, or authorities of the city serve at will and may be removed at any time by the city council unless otherwise provided by law. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairperson and one member as vice chairperson and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city. SECTION 3.12. City attorney. The city council shall appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for providing for the representation and defense of the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the city council as directed; shall advise the councilmembers, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of such person's position as city attorney. SECTION 3.13. City clerk. The councilmembers shall appoint a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal and city records; maintain city council records required by this charter; and perform such other duties as may be required by the city council. GEORGIA LAWS 2011 SESSION 3853 SECTION 3.14. Position classification and pay plans. The city manager shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the city council for approval. Such plan may apply to all employees of the city and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the city council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. For purposes of this section, all elected and appointed city officials are not city employees. SECTION 3.15. Personnel policies. All employees serve at will and may be removed from office at any time unless otherwise provided by ordinance. ARTICLE IV JUDICIAL BRANCH SECTION 4.10. Creation; name. There shall be a court to be known as the Municipal Court of the City of Adairsville. SECTION 4.11. Chief judge; associate judge. (a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless that person shall have attained the age of 21 years and shall be a member of the State Bar of Georgia and shall possess all qualifications required by law. All judges shall be appointed by the city council and shall serve until a successor is appointed and qualified. (c) Compensation of the judges shall be fixed by ordinance. (d) Judges serve at will and may be removed from office at any time by the city council unless otherwise provided by ordinance. (e) Before assuming office, each judge shall take an oath, given by the mayor, that such judge will honestly and faithfully discharge the duties of the judge's office to the best of the judge's ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.19 of this charter. 3854 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 4.12. Convening. The municipal court shall be convened at regular intervals as provided by ordinance. SECTION 4.13. Jurisdiction; powers. (a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $2,500.00 or imprisonment for 12 months or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing, as now or hereafter provided by law. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before such court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for that person's appearance and shall fail to appear at the time fixed for trial, that person's bond shall be forfeited by the judge presiding at such time and an execution issued thereon by serving the defendant and the defendant's sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city, or the property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (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. GEORGIA LAWS 2011 SESSION 3855 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 Bartow County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. SECTION 4.15. Rules for court. With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to municipal courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to such proceedings. ARTICLE V ELECTIONS AND REMOVAL SECTION 5.10. Applicability of general law. All primaries and elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended. SECTION 5.11. Regular elections; time for holding. (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 one election and at every other election thereafter. The remaining councilmember seats shall be filled at the election alternating with the first election so that a continuing body is created. SECTION 5.12. Nonpartisan elections. Political parties shall not conduct primaries for city offices, and all names of candidates for city offices shall be listed without party designations. 3856 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 5.13. Election by majority vote. The mayor and councilmembers shall be elected by a majority vote of the votes cast for each position. SECTION 5.14. Special elections; vacancies. In the event that the office of mayor or councilmember shall become vacant as provided in Section 2.12 of this charter, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, that if such vacancy occurs within 12 months of the expiration of the term of that office, the city council or those members remaining shall appoint a successor for the remainder of the term. In 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." SECTION 5.16. Removal of officers. (a) A councilmember, the mayor, or other appointed officers provided for in this charter shall be removed from office for any one or more of the causes provided in Title 45 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted. (b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods: (1) Following a hearing at which an impartial panel shall render a decision. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. The city council shall provide by ordinance for the manner in which such hearings shall be held. Any elected officer sought to be removed from office as provided in this section shall have the right of appeal from the decision of the city council to the Superior Court of Bartow County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or GEORGIA LAWS 2011 SESSION 3857 (2) By an order of the Superior Court of Bartow County following a hearing on a complaint seeking such removal brought by any resident of the City of Adairsville. ARTICLE VI FINANCE SECTION 6.10. Property tax. The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion. SECTION 6.11. Millage rate; due dates; payment methods. The city council by ordinance shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council by ordinance may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due. SECTION 6.12. Occupation and business taxes. The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. The city council may classify businesses, occupations, or professions for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter. SECTION 6.13. Licenses; permits; fees. The city council by ordinance shall have the power to require businesses or practitioners doing business in this city to obtain a permit for such activity from the city and pay a regulatory fee for such permit as provided by general law. Such fees shall reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter. 3858 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 6.14. Franchises. (a) The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, that no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by the city clerk. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. (b) If no franchise agreement is in effect, the city council has the authority to impose a tax on gross receipts for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations. SECTION 6.15. Service charges. The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available within and outside the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. SECTION 6.16. Special assessments. The city council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. GEORGIA LAWS 2011 SESSION 3859 SECTION 6.17. Construction; other taxes. This city shall be empowered to levy any other tax or fee allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs. SECTION 6.18. Collection of delinquent taxes and fees. The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi. fas.; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking city permits for failure to pay any city taxes or fees; and providing for the assignment or transfer of tax executions. SECTION 6.19. General obligation bonds. The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time 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 shall repay such loans not later than December 31 of each year, unless otherwise provided by law. 3860 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 6.22. Lease-purchase contracts. The city may enter into multiyear lease, purchase, or lease-purchase contracts for the acquisition of goods, materials, real and personal property, services, and supplies, provided the contract terminates without further obligation on the part of the municipality at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed. Contracts shall be executed in accordance with the requirements of Code Section 36-60-13 of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted. SECTION 6.23. Fiscal year. The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government. SECTION 6.24. Budget ordinance. The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement plan, and a capital budget, including requirements as to the scope, content, and form of such budgets and plans. SECTION 6.25. Operating budget. On or before a date fixed by the city council but not later than 30 days prior to the beginning of each fiscal year, the city manager shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and other pertinent comments and information. The operating budget and the capital budget provided for in Section 6.29 of this charter, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection. GEORGIA LAWS 2011 SESSION 3861 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 shall provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than the last day of each fiscal year. If the city council fails to adopt the budget by said date, the amounts appropriated for operation for the then current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.24 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotment thereof to which it is chargeable. SECTION 6.27. 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. 3862 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 6.29. Capital improvements. (a) On or before the date fixed by the city council, but not later than 30 days prior to the beginning of each fiscal year, the city manager shall submit to the city council a proposed capital improvements plan with a recommended capital budget containing the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have power to accept, with or without amendments, or reject the proposed plan and budget. The city council shall not authorize an expenditure for the construction 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 the last day of each fiscal year. No appropriation provided for in a prior capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, that the city manager may submit amendments to the capital budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance. SECTION 6.30. Audits. There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted auditing principles. Any audit of any funds by the state or federal governments may be accepted as satisfying the requirements of this charter. Copies of annual audit reports shall be available at printing costs to the public. SECTION 6.31. Procurement and property management. No contract with the city shall be binding on the city unless: (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 2.19 of this charter. GEORGIA LAWS 2011 SESSION 3863 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 authorize the city manager to sell and convey said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the highest and best use of the abutting owner's property. Included in the sales contract shall be a provision for the rights of way of said street, avenue, alley, or public place. Each abutting property owner shall be notified of the availability of the property and given the opportunity to purchase said property under such terms and conditions as set out by ordinance. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VII GENERAL PROVISIONS SECTION 7.10. Bonds for officials. The officers and employees 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. 3864 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 7.11. Existing ordinances, resolutions, rules, and regulations. Existing ordinances, resolutions, rules, and regulations of this city not in conflict with this charter shall continue in force, unless repealed or amended, for two years from the effective date of this charter. During such two-year period, the city council shall review all such provisions and shall readopt, repeal, or amend each, so that a codification as provided by subsection (b) of Section 2.25 of this charter is accomplished. SECTION 7.12. Pending matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be provided by the city council. SECTION 7.13. Construction and definitions. (a) Section captions in this charter are informative only and are not be considered as a part thereof. (b) The word "shall" is mandatory and the word "may" is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. (d) Except as specifically provided otherwise by this charter, the term: (1) "City council" means the members of the city council and the mayor. (2) "Councilmember" means a member of the city council other than the mayor. SECTION 7.14. Specific repealer. An Act to incorporate the City of Adairsville in the County of Bartow and provide a charter therefor, approved March 14, 1983 (Ga. L. 1983, p. 3654), is hereby repealed. SECTION 7.15. Effective date. This Act shall become effective upon the approval of this Act by the Governor and upon its otherwise becoming law without such approval. GEORGIA LAWS 2011 SESSION 3865 SECTION 7.16. General repealer. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2011 session of the General Assembly of Georgia a bill to provide a new charter for the City of Adairsville; 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 inquires and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a city manager, mayor, and mayor pro tempore and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, and other personnel and matters relating thereto; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof and other matters relative to those judges; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; to provide for elections; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for auditing, accounting, budgeting, and appropriations; to provide for city contracts and purchasing; to provide for the conveyance of property and interests therein; to provide for bonds for officials; to provide for prior ordinances and rules, pending matters, and existing personnel; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for effective dates; and for other purposes. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Christian Coomer, who on oath deposes and says that he is the Representative from District 14 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Daily Tribune News which is the official organ of Bartow County on February 24, 2011, and that the notice requirements of Code Section 28-1-14 have been met. 3866 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II s/ CHRISTIAN COOMER Christian Coomer Representative, District 14 Sworn to and subscribed before me, this 28th day of February 2011. s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL) Approved May 11, 2011. __________ CITY OF DOUGLASVILLE HOTEL/MOTEL TAX. No. 139 (House Bill No. 510). AN ACT To authorize the governing authority of the City of Douglasville 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 Douglasville 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. GEORGIA LAWS 2011 SESSION 3867 SECTION 2. The enactment of this Act is subsequent to the adoption of Resolution RES-2011-7 of the governing authority of the City of Douglasville 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 RES-2011-7: (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 Douglasville; 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 2011 session of the General Assembly of Georgia a bill to authorize the governing authority of the City of Douglasville 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. Representative Bill Hembree District 67 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Hembree, who on oath deposes and says that he is the Representative from District 67 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Douglas County Sentinel which is the official organ of Douglas County on March 4, 2011, and that the notice requirements of Code Section 28-1-14 have been met. 3868 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II s/ BILL HEMBREE Bill Hembree Representative, District 67 Sworn to and subscribed before me, this 9th day of March 2011. s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL) Approved May 11, 2011. __________ CITY OF GREENVILLE NEW CHARTER. No. 140 (House Bill No. 511). AN ACT To provide a new charter for the City of Greenville, Georgia; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method 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, a city treasurer, and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges and all officers 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 a 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: GEORGIA LAWS 2011 SESSION 3869 ARTICLE I INCORPORATION AND POWERS SECTION 1.10. Incorporation. The City of Greenville in Meriwether County is reincorporated by the enactment of this charter and is constituted and declared a body politic and corporate under the name of the "City of Greenville." References in this charter to "the city" or "this city" refer to the City of Greenville. The city shall have perpetual existence. SECTION 1.11. Corporate boundaries. The boundaries of this city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time by local law or in the manner provided by general state law. The boundaries of this city at all times shall be shown on a map, a written description, or any combination thereof to be retained permanently in the office of the city clerk and to be designated, as the case may be: "Official Map or Description of the Corporate Limits of the City of Greenville, Georgia." Photographic, typed, or other copies of such map or description certified by the mayor shall be admitted as evidence in all courts and shall have the same force and effect as the original map or description. 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. Said powers shall include, but are not limited to, the following: (1) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city; (2) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this paragraph; 3870 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II (3) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of this city; (4) Building regulations. To regulate and to license the erection and construction of buildings and all other structures not inconsistent with general law; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; and to regulate all housing and building trades except as otherwise prohibited by general law; (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 city taxes or fees; (6) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other laws as are or may hereafter be enacted; (7) Contracts. To enter into contracts and agreements with other governments and entities and with private persons, firms, and corporations; (8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists inside or outside the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (9) 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 city from all individuals, firms, and corporations residing in or doing business within the city and benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (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 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 the powers and duties of the city and the general welfare of its citizens on such terms and conditions as the donor or grantor may impose; (13) Health and sanitation. To prescribe standards of health and sanitation within the city and to provide for the enforcement of such standards; GEORGIA LAWS 2011 SESSION 3871 (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 squares in the city; to provide for the commitment of such persons to any jail; or to provide for the commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (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, 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 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 utilities are distributed, inside and outside the corporate limits of the city; and to provide utility services to persons, firms, and corporations inside and outside the corporate limits of the city as provided by ordinance; (21) Nuisances. To define a nuisance and provide for its abatement whether on public or private property; (22) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (23) Planning and zoning. To provide comprehensive city planning for development by zoning and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community; (24) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a fire-fighting agency; (25) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; 3872 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II (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 city; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (27) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (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 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 city, and to prescribe penalties and punishment for violation of such ordinances; (31) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; to negotiate and execute leases over, through, under, or across any city property or the right of way of any street, road, alley, and walkway or portion thereof within the corporate limits of the city for bridges, passageways, or any other purpose or use between buildings on opposite sides of the street and for other bridges, overpasses, and underpasses for private use at such location and to charge a rental therefor in such manner as may be provided by ordinance; and to authorize and control the construction of bridges, overpasses, and underpasses within the corporate limits of the city; 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; (32) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system; to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or tax for the availability or use of the sewers; to GEORGIA LAWS 2011 SESSION 3873 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; (33) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and provide for the sale of such items; (34) 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 fortunetelling, palmistry, adult bookstores, and massage parlors; (35) Special assessments. To levy and provide for the collection of special assessments to cover the costs of any public improvement; (36) Ad valorem taxes. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (37) Other taxes. To levy and collect such other taxes as may be allowed now or in the future by law; (38) 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; (39) Urban redevelopment. To organize and operate an urban redevelopment program; and (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; 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 Georgia. 3874 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 1.13. Exercise of powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia. ARTICLE II GOVERNMENT STRUCTURE SECTION 2.10. City council creation; number; election. (a) The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and four councilmembers. (b) The mayor 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 that person 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 city clerk that such person desires his or her name to be placed on said ballot as a candidate either for mayor or councilmember. No person shall be eligible for the office of mayor or councilmember unless such person shall file the written notice within the time provided for in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." SECTION 2.11. City councilmembers; terms and qualifications for office. (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 this 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." GEORGIA LAWS 2011 SESSION 3875 (c) The mayor and councilmembers who are in office on the effective date of this Act shall serve until the expiration of the term of office to which they were elected and until their successors are elected and qualified. (d) For the purpose of electing members of the council, the City of Greenville shall consist of one election district with four numbered posts. Each person seeking election shall designate the post for which he or she seeks election. (e) On the first Tuesday in November, 2011, and on that day quadrennially thereafter, there shall be elected a mayor and two councilmembers. Then, on the first Tuesday in November, 2013, and on that day quadrennially thereafter, there shall be elected two councilmembers. It is the purpose of this section to provide a rotation system for the office of mayor and councilmembers. The terms of the offices shall begin on the first day of January immediately following the election of such member. SECTION 2.12. Vacancies in office. (a)(1) The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. (2) Upon the suspension from office of mayor or councilmember in any manner authorized by the general laws of the State of Georgia, the city council or those remaining shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and shall be filled as provided in subsection (b) of this section. (b) In the event that the office of mayor or councilmember shall become vacant, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, that if such vacancy occurs within six months 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. SECTION 2.13. Nonpartisan elections. Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party labels. 3876 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 2.14. Election by plurality. The candidate receiving a plurality of the votes cast for any city office shall be elected. SECTION 2.15. Compensation and expenses. The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance and in accordance with Chapter 35 of Title 36 of the O.C.G.A. SECTION 2.16. Prohibitions. (a) No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly: (1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of official duties or which would tend to impair the independence of his or her judgment or action in the performance of official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of official duties or would tend to impair the independence of his or her judgment or action in the performance of official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or herself or others; (4) Accept any valuable gift, whether in the form of service, loan, object, or promise, from any person, firm, or corporation which to his or her knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which he or she is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he or she has a financial interest. (b) Any elected official, appointed officer, or employee who has any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the city council. The mayor or any councilmember who has a private interest in any matter pending before the city council GEORGIA LAWS 2011 SESSION 3877 shall disclose such private interest and such disclosure shall be entered on the records of the city council, and he or she shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity. (c) No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit, except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (d) Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council. (e) Except as authorized by law, no member of the council shall hold any other elective city office or other city employment during the term for which elected. The provisions of this subsection shall not apply to any person holding employment on the effective date of this chapter. (f) No person holding elective office may be employed by the city in any position, either as an employee or as an independent contractor, until the expiration of 90 days after the end of his or her term. SECTION 2.17. Removal of officers. (a) The mayor, a councilmember, or other appointed officers provided for in this charter shall be removed from office for any one or more of the following causes: (1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a crime involving moral turpitude; (3) Failure at any time to possess any qualifications of office as provided by this charter or by law; (4) Knowingly violating Section 2.16 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: (1) By the vote of three councilmembers after an investigative hearing. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as provided in this section shall have 3878 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II the right of appeal from the decision of the city council to the Superior Court of Meriwether 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 Meriwether County following a hearing on a complaint seeking such removal brought by any resident of the City of Greenville. ARTICLE III ORGANIZATION OF GOVERNMENT, GENERAL AUTHORITY, AND ORDINANCES SECTION 3.10. General power and authority. Except as otherwise provided by this charter, the city council shall be vested with all the powers of government of this city as provided by Article I of this charter. SECTION 3.11. Organization. (a) The city council shall hold an organizational meeting at the first regular meeting in January following an election. The meeting shall be called to order by the city clerk and the oath of 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) (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." Such oath may be modified as required by Georgia law. (b) By a majority vote, the city council shall elect a councilmember to serve as mayor pro tempore. The mayor pro tempore shall preside at all meetings of the city council and shall assume the duties and powers of the mayor during any disability or absence of the mayor. Any such disability or absence shall be declared by a majority vote of the city council. The city council shall by majority vote elect a presiding officer from its number for any period in which the mayor pro tempore is disabled, absent, or acting as mayor. Such absence or disability shall be declared by majority vote of the city council. SECTION 3.12. Inquiries and investigations. The city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as provided by ordinance. GEORGIA LAWS 2011 SESSION 3879 SECTION 3.13. Meetings. (a) The city council shall hold regular meetings at such times and places as prescribed by ordinance. (b) Special meetings of the city council may be held on call by the mayor or two members of the city council. Notice of such special meeting shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or 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 given as required by law. SECTION 3.14. Rules of procedure; journal. (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 3.15. Quorum; voting. (a) Except as otherwise provided in subsection (b) of this section, three councilmembers shall constitute a quorum and shall be authorized to transact the business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three councilmembers shall be required for the adoption of any ordinance, resolution, or motion. (b) In the event vacancies in office result in less than a quorum of councilmembers holding office, then the remaining councilmembers in office shall constitute a quorum and shall be authorized to transact business of the city council. A vote of a majority of the remaining councilmembers shall be required for the adoption of any ordinance, resolution, or motion. 3880 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 3.16. Ordinance form; procedure. (a) Every proposed ordinance shall be introduced orally or in writing. No ordinance shall contain a subject which is not expressed in its title, and no ordinance, or section thereof, shall be amended or repealed, unless the new ordinance contains the title of the ordinance or section amended or repealed, and when practicable all ordinances shall be introduced as amendments to the code of ordinances for the City of Greenville. The enacting clause shall be "IT IS HEREBY ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GREENVILLE, GEORGIA AND BY THE AUTHORITY THERE OF" and every ordinance shall so begin. Any ordinances introduced orally shall be reduced to writing after adoption. (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; all ordinances may be adopted on the date that they are introduced. Upon adoption 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 3.17. Effect of ordinances. Acts of the city 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 city council may convene on call of the mayor or two councilmembers and may promptly adopt an emergency ordinance, but such ordinance shall not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency. 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 GEORGIA LAWS 2011 SESSION 3881 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 of technical regulations. (a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) The requirements of subsection (b) of Section 3.16 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 city clerk pursuant to Section 3.20 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the city clerk for distribution or for purchase at a reasonable price. SECTION 3.20. Codification of ordinances. (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 shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly together with all amendments thereto and shall contain such codes 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 Greenville, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city and shall be made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication 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 city council shall make such further arrangements as deemed desirable with reproduction and distribution of any changes in or additions to codes of technical regulations and other rules and regulations included in the code. 3882 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II (d) Any ordinance adopted by the City Council shall be codified in accordance with Georgia laws. SECTION 3.21. Chief executive officer; delegation of powers. The mayor shall be the chief executive of this city. The mayor shall possess all of the executive and administrative powers granted to the city under the Constitution and laws of the State of Georgia and all the executive and administrative powers contained in this charter, except as otherwise specifically provided in this charter. The mayor shall have the authority to delegate any one or more executive or administrative powers to a person or persons employed by the city and qualified in management and administration. SECTION 3.22. Powers and duties of mayor. As the chief executive of this city, the mayor shall: (1) See that all laws and ordinances of the city are faithfully executed; (2) Appoint and remove, with confirmation of appointment or removal by the city council, all officers, department heads, and employees of the city except as otherwise provided in this charter. All officers, department heads, and employees shall serve at will at the pleasure of the mayor and city council; (3) Exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities; (4) Prepare and submit to the city council a recommended annual operating budget and recommended capital budget; (5) Submit to the city council at least once a year a statement covering the financial conditions of the city and from time to time such other information as the city council may request; (6) Call special meetings of the city council as provided for in Section 3.13 of this charter; (7) Participate in the discussion of all matters brought before the city council and vote on such matters only in the case of a tie vote; (8) Recommend to the city council such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as the mayor may deem expedient; (9) Approve or disapprove ordinances as provided in Section 3.23 of this charter; (10) Require any department or agency of the city to submit written reports whenever the mayor deems it expedient; (11) Sign as a matter of course all written contracts, ordinances, and other instruments executed by the city which by law are required to be in writing; and GEORGIA LAWS 2011 SESSION 3883 (12) 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 city council shall be presented by the city clerk to the mayor within three days after its adoption. (b) The mayor shall within ten days of receipt of an ordinance 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 on the fifteenth 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) Ordinances vetoed by the mayor shall be presented by the city clerk to the city council at its next meeting, and should the city council then or at its next general meeting adopt the ordinance by an affirmative vote of the entire city 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 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. SECTION 3.24. 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 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. ARTICLE IV ADMINISTRATIVE AFFAIRS SECTION 4.10. Department heads. (a) Except as otherwise provided in this charter, the city council by ordinance shall prescribe the functions or duties and establish, abolish, or alter all nonelective offices, positions of 3884 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of this city. All appointed officers and employees hired or appointed shall serve at will, at the pleasure of the mayor and city council. (b) Except as otherwise provided by this charter or by law, the directors of departments and other officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All 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 the director's department or agency. (e) All directors under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the city council. The mayor may suspend or remove directors under the mayor's supervision, but such suspension or removal shall not be effective for ten calendar days following the mayor's giving written notice of such action therefor to the director involved and to the city council. The director involved may appeal to the city council which, after a hearing, may override the mayor's action by a vote of three councilmembers. SECTION 4.11. Boards, commissions, and authorities. (a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. All members shall serve at will at the pleasure of the mayor and city council. (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 for the original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until he or she has executed and filed with the clerk of the city an oath obligating himself or herself to perform GEORGIA LAWS 2011 SESSION 3885 faithfully and impartially the duties of the 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 by a vote of three members of the city council. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairperson and one member as vice chairperson and may elect as its secretary one of its members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, an ordinance of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city. SECTION 4.12. City attorney. (a) The city council shall appoint a city attorney who shall be a member of the State Bar of Georgia and shall have actively practiced law for at least one year. The city attorney shall serve at the pleasure of the city council. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party, may be the prosecuting officer in the municipal court, shall attend the meetings of the city council as directed, shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs, and shall perform such other duties as may be required by virtue of the position of city attorney. The city council shall provide for the compensation of the city attorney. (b) The city attorney is not a public official of the city and shall not take an oath of office. The city attorney shall at all times be an independent contractor and will not be provided employee benefits and will receive a Form 1099 for tax purposes. A law firm, rather than an individual, may be designated as the city attorney. 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 clerk and city treasurer may be one and the same. The city council shall provide for the compensation of the city clerk or city clerk-treasurer. 3886 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 4.14. City treasurer. The city council shall appoint a city treasurer to collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of this charter and the ordinances of the city and to enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes to the city. The city treasurer shall also be responsible for the general duties of a treasurer and fiscal officer. The city council shall provide for the compensation of the treasurer. The city treasurer and city clerk may be one and the same. SECTION 4.15. 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. ARTICLE V JUDICIAL BRANCH SECTION 5.10. Municipal court. There shall be a court to be known as the Municipal Court of the City of Greenville. All officers appointed to the municipal court shall serve at will at the pleasure of the mayor and city council. SECTION 5.11. 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. The method of selection and terms of such judges shall be provided by ordinance. GEORGIA LAWS 2011 SESSION 3887 (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. All judges shall be appointed by and shall serve at the pleasure of the city council. (c) Compensation of the judge or judges shall be fixed by ordinance. (d) Judges may be removed for cause by a vote of three members of the city council. (e) Before assuming office, each judge shall take an oath, given by the mayor, that the judge will honestly and faithfully discharge the duties of the office to the best of his or her ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 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. Jurisdiction; powers. (a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have the authority to punish those in its presence for contempt, provided that such punishment shall not exceed a fine of $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $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 the authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the actual cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violation 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 bond for the appearance of persons charged with violations. Whenever any person shall give bail for 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 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. 3888 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II (g) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that state law has been violated. (h) Each judge of the municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (i) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city. (j) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to municipal courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. SECTION 5.14. Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Meriwether County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. SECTION 5.15. Rules for court. (a) With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to superior courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings. (b) The city council may by ordinance provide for the appointment of a clerk of the municipal court. The duties and compensation for the clerk of court shall be fixed by ordinance. GEORGIA LAWS 2011 SESSION 3889 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 rates; 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. Such taxes may be levied on both individuals and corporations who transact business in this city or who practice or offer to practice any profession or calling within the city to the extent such persons have a constitutionally sufficient nexus to this city to be so taxed. The city council may classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter. SECTION 6.13. Licenses; permits; fees. The city council by ordinance shall have the power to require any individual or corporation that transacts business in this city or that practices or offers to practice any profession or calling within the city to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or permit where such activities are not now regulated by general law in such a way as to preclude city regulations. Such fees may reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter. The city council by ordinance may establish reasonable 3890 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate. SECTION 6.14. Franchises. The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, cable television companies, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, 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. 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 inside or outside the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. SECTION 6.16. Special assessments. The city council by ordinance shall have the power to assess, charge, and collect the costs of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. SECTION 6.17. Construction; other taxes. This city shall be empowered to levy any other tax allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs. GEORGIA LAWS 2011 SESSION 3891 SECTION 6.18. Collection of delinquent taxes. The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due, late penalties or interest, issuance and execution of fi. fas., creation and priority of liens, making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed, revoking city licenses for failure to pay any city taxes or fees, and providing for the assignment or transfer of tax executions. SECTION 6.19. General obligation bonds. The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken. SECTION 6.20. Revenue bonds. Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued. SECTION 6.21. Short-term loans. The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law. SECTION 6.22. 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. 3892 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 6.23. Budget ordinance. The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement program, and a capital budget, including requirements as to the scope, content, and form of such budgets and programs. The city council shall comply with the provisions of Chapter 81 of Title 36 of the O.C.G.A. SECTION 6.24. Operating budget. On or before a date fixed by the city council but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as the mayor may deem pertinent. The operating budget, the capital improvements budget, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection. SECTION 6.25. 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) After the conducting of a budget hearing, the city council shall adopt the final operating budget for the ensuing fiscal year not later than July 1 of each year. If the city council fails to adopt the budget by said date, the amounts appropriated for operation for the then current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.23 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 GEORGIA LAWS 2011 SESSION 3893 encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotments thereof to which it is chargeable. SECTION 6.26. Levy of taxes. Following adoption of the operating budget, the city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expense of the general government of this city. SECTION 6.27. Changes in budget. The city council by 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 city council, but not later than 30 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed capital improvements budget with any recommendations as to the means of financing the improvements proposed for the ensuing year. The city council shall have the power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 3.18 of this charter. (b) After conducting a public hearing, the city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than July 1 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 any recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by majority vote of the city council. 3894 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 6.29. Audits. There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing costs to the public. SECTION 6.30. Procurement and property management. No contract with the city shall be binding on the city unless: (1) It is in writing; (2) It is drawn or submitted and reviewed by the city attorney and, as a matter of course, is signed by the city attorney to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 3.14 of this charter. SECTION 6.31. Purchasing. The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city. SECTION 6.32. Sale of property. (a) The city council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon request by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place when such exchange is deemed to be in the best interest of the city. All deeds and conveyances heretofore and hereafter so executed GEORGIA LAWS 2011 SESSION 3895 and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VII GENERAL PROVISIONS SECTION 7.10. Bonds for officials. The officers and employees of this city, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law. SECTION 7.11. Rules and regulations. All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent with this charter are declared valid and of full effect and force until amended or repealed by the city council. The city council shall provide for a period of time, not more than 180 days, in which all ordinances shall be reviewed, readopted, amended, or repealed so that a codification is accomplished. SECTION 7.12. Existing personnel and officers. Except as specifically provided otherwise by this charter, all personnel and officers of the city and their rights, privileges, and powers shall continue beyond the time this charter takes effect for a period of 60 days before or during which the existing city council shall pass a transition ordinance detailing the changes in personnel and 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 case shall be completed by such city agencies, personnel, or offices as may be provided by the city council. 3896 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 7.14. Construction, definitions, and severability. (a) Section captions in this charter are informative only and shall not be considered as a part thereof. (b) The word "shall" is mandatory and the word "may" is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. (d) If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be held to be invalid or unconditional, 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, paragraph, sentence, or part thereof be enacted separately and independent of each other. SECTION 7.15. Effect of repealers. (a) The repeals provided for in Sections 7.16 and 7.17 of this charter shall not affect any: (1) Offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of this Act; (2) Ordinance or resolution of the city promising or guaranteeing the payment of money by or to the city or authorizing the issuance of any bonds of the city; (3) Evidence of the city's indebtedness or any contract or obligation assumed by the city; (4) Rights or franchise granted by any ordinances or resolution of the city to any person, firm, or corporation; (5) Ordinance or resolution dedicating, naming, establishing, locating, relocating, opening, paving, widening, or vacating any street or public way in the city; (6) Present annual appropriation of the city; (7) Ordinance or resolution levying or imposing charges, fees, or taxes now due or accrued; or (8) Zoning ordinance of the city or amendments thereto. (b) This repeal shall not be construed to revive any ordinance or resolution or part thereof that has been repealed by a subsequent ordinance or resolution which is repealed by this Act. SECTION 7.16. Specific repealer. An Act incorporating the City of Greenville approved February 22, 1967 (Ga. L. 1967, p. 2011), and all amendatory acts thereto, are repealed. GEORGIA LAWS 2011 SESSION 3897 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 2011 session of the General Assembly of Georgia a bill to provide a new charter for the city of Greenville; to provide for other matter relative to the foregoing; to repeal a specific Act; to provide for effective dates; to repeal conflicting laws; and for other purposes. Representative Carl Epps 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 Meriwether Vindicator which is the official organ of Meriwether County on February 11, 2011, 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 9th day of March 2011. s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL) Approved May 11, 2011. __________ 3898 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II TOWN OF TALKING ROCK MAYOR AND COUNCIL; TERMS AND ELECTIONS. No. 141 (House Bill No. 517). AN ACT To amend an Act providing a new charter for the Town of Talking Rock, approved April 21, 1997 (Ga. L. 1997, p. 4222), as amended by an Act approved May 4, 2006 (Ga. L. 2006, p. 4130), so as to modify provisions relating to municipal elections and the terms of the mayor and councilmembers; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing a new charter for the Town of Talking Rock, approved April 21, 1997 (Ga. L. 1997, p. 4222), as amended by an Act approved May 4, 2006 (Ga. L. 2006, p. 4130), is amended by revising Section 2.10 as follows: "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 five councilmembers. The town council established in this charter shall in all respects be a successor to and continuation of the town governing authority under prior law. All town elections shall be nonpartisan. The mayor and councilmembers shall be elected in the manner provided by this charter." SECTION 2. Said Act is further amended by revising Section 2.11 as follows: "SECTION 2.11. Mayor and town councilmembers; terms and qualifications for office. (a) For the purpose of electing members of the town council, the Town of Talking Rock shall consist of one election district with five numbered posts. Each person seeking election shall designate the post for which he or she seeks election. (b) The mayor and town councilmembers shall serve for terms of four years, subject to the initial two-year term set forth herein below, and until their respective successors are elected GEORGIA LAWS 2011 SESSION 3899 and qualified. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the town immediately prior to the date of the election for a period of time as provided in Code Section 45-2-1 of the O.C.G.A.; 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 town. (c) On the Tuesday next following the first Monday in November, 2013, and on such day biennially thereafter, a general municipal election shall be conducted in the Town of Talking Rock for the purpose of electing a mayor and councilmembers for Posts 1 through 5 to succeed those officials whose terms expire December 31 following the date of such election. Officials elected in such elections shall be elected for terms of office of four years beginning on January 1, except for mayor and councilmember Posts 2 and 4, which shall be for an initial term of two years, following the date of their respective election and until they are no longer qualified or their successors are elected and qualified, whichever shall occur first. (d) Elections shall be conducted in the Town of Talking Rock at the town hall or at such place or places as may be designated by the mayor and town council. (e) The candidate for each councilmember post receiving a plurality of votes cast for such councilmember post shall be declared as councilmember for the respective post for which he or she qualified as a candidate. (f) Throughout this charter, the terms he, him, councilman, councilmen, councilmembers, or the like shall refer to the feminine as well as the masculine." SECTION 3. Said Act is further amended by revising Section 2.12 as follows: "SECTION 2.12. Vacancy; filling of vacancies; suspensions. (a) The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office or in any manner provided by this charter or the general laws of the State of Georgia. (b) In the event the office of mayor shall become vacant for any cause, the mayor pro tempore shall fill and hold the office of mayor until the next regular biennial election at which time an election shall be held to fill such office for either the remaining two years of the unexpired term of the mayor vacating such office or the new term of office, whichever shall apply. (c) In the event the office of any councilmember shall become vacant for any cause, the mayor and remaining councilmembers shall appoint a qualified person to fill and hold such office for either the remaining two years of the term of office of the councilmember vacating such office or for the new term of office, whichever shall apply. 3900 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II (d) Upon the suspension from office of the mayor or a councilmember, in any manner authorized by the general laws of the State of Georgia, the remaining councilmembers not under suspension, and mayor where the mayor is not under suspension, shall appoint a successor for the duration of the suspension. If the suspension becomes a permanent suspension, then the office shall become vacant and shall be filled as provided by this section." SECTION 4. Said Act is further amended by revising Section 2.26 as follows: "SECTION 2.26. Compensation of mayor. The compensation of the mayor shall be established in the same manner as for councilmembers." SECTION 5. Said Act is further amended by revising Section 2.27 as follows: "SECTION 2.27. Mayor pro tempore. By 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 disability or absence as provided by this charter." SECTION 6. Said Act is further amended by revising Section 5.10 as follows: "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 7. Said Act is further amended by revising Section 5.11 as follows: "SECTION 5.11. Reserved." GEORGIA LAWS 2011 SESSION 3901 SECTION 8. Said Act is further amended by revising Section 5.14 as follows: "SECTION 5.14. Reserved." SECTION 9. Said Act is further amended by revising Section 5.15 as follows: "SECTION 5.15. Reserved." SECTION 10. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2011 session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the Town of Talking Rock, approved April 21, 1997 (Ga. L. 1997, p. 4222), as amended by an Act approved May 4, 2006 (Ga. L. 2006, p. 4130), so as to modify provisions relating to municipal elections and the terms of the mayor and council members; to provide for related matters; and for other purposes. Rep. Rick Jasperse District 12 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rick Jasperse, 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 24, 2011, and that the notice requirements of Code Section 28-1-14 have been met. s/ RICK JASPERSE Rick Jasperse Representative, District 12 3902 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II Sworn to and subscribed before me, this 10th day of March 2011. s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL) Approved May 11, 2011. __________ GWINNETT COUNTY RECORDER'S COURT; SOLICITOR-GENERAL TO SERVE AS PROSECUTOR. No. 142 (House Bill No. 543). AN ACT To amend an Act creating the Recorder's Court of Gwinnett County approved March 27, 1972 (Ga. L. 1972, p. 3125), as amended, specifically by an Act approved September 18, 1991 (Ga. L. 1991, p. 432), and an Act approved May 5, 2005 (Ga. L. 2005, p. 3729), so as to revise certain provisions relating to the solicitor-general of Gwinnett County; to provide that the solicitor-general of Gwinnett County shall serve as the prosecuting attorney of the Recorder's Court of Gwinnett County; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating the Recorder's Court of Gwinnett County approved March 27, 1972 (Ga. L. 1972, p. 3125), as amended, specifically by an Act approved September 18, 1991 (Ga. L. 1991, p. 432), and an Act approved May 5, 2005 (Ga. L. 2005, p. 3729), is amended by striking Section 6-A and inserting in its place a new Section 6-A to read as follows: "SECTION 6-A. Pursuant to O.C.G.A 15-18-66, the elected solicitor-general of Gwinnet County shall be the prosecuting attorney of the Recorder's Court of Gwinnett County. The solicitor-general is authorized to employ such personnel and employees to serve in the Recorder's Court as authorized by the governing authority of Gwinnett County and O.C.G.A. 15-18-71." GEORGIA LAWS 2011 SESSION 3903 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 2011 session of the General Assembly of Georgia a bill to amend an Act creating the Recorder's Court of Gwinnett County approved March 27, 1972 (Ga. L. 1972, p. 3125), as amended, specifically by an Act approved September 18, 1991 (Ga. L. 1991, p. 432), and an Act approved May 5, 2005 (Ga. L. 2005, p. 3729); and for other purposes. /s/ Brett Harrell 106 Representative Brett Harrell District 106 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Brett Harrell, who on oath deposes and says that he is the Representative from District 106 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily Post which is the official organ of Gwinnett County on March 3, 2011, and that the notice requirements of Code Section 28-1-14 have been met. s/ BRETT HARRELL Brett Harrell Representative, District 106 Sworn to and subscribed before me, this 10th day of March 2011. s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL) Approved May 11, 2011. __________ 3904 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II CITY OF DORAVILLE MAYOR; PART-TIME POSITION; CITY MANAGER; DUTIES; QUALIFYING FEES; REFERENDUM. No. 143 (House Bill No. 544). AN ACT To amend an Act to reincorporate the City of Doraville in the County of DeKalb, approved October 13, 1971 (Ga. L. 1971 Ex. Sess., p. 2154), as amended, so as to provide that the office of mayor shall be a part-time position; to provide for a transition; to provide for a city manager and duties of such city manager; to provide for the calculation of qualifying fees; to provide for related matters; to provide for a referendum; to provide for an effective date and contingent repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act to reincorporate the City of Doraville in the County of DeKalb, approved October 13, 1971 (Ga. L. 1971 Ex. Sess., p. 2154), as amended, is amended by revising Section 2.03 as follows: "Section 2.03. Mayor as Presiding Officer. (a) Be it further enacted, that the Mayor shall preside at meetings of the Council; shall have a vote only in the case of a tie vote by Councilmembers, but shall not have veto power; shall be the ceremonial head of the City; 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. (b)(1) For the four-year term of office beginning January 1, 2012, the office of Mayor shall be a full-time position for the first two years of such term of office until December 31, 2013. From January 1, 2014, through the end of such term of office, the office of Mayor shall be a part-time position. Thereafter, the office of Mayor shall be a part-time position. (2) The qualifying fee for the term of office of Mayor beginning January 1, 2012, shall be paid pursuant to Code Section 21-2-131 of the O.C.G.A. for a full-time position. The qualifying fee for the term of office of Mayor beginning January 1, 2016, shall be calculated on the basis of a part-time position in accordance with Code Section 21-2-131 of the O.C.G.A." SECTION 2. Said Act is further amended by adding a new section to read as follows: GEORGIA LAWS 2011 SESSION 3905 "Section 2.07A. City Manager. The city shall be authorized to employ a City Manager whose compensation shall be established by the Council and whose duties and responsibilities shall be prescribed by the Council. The City Manager shall be generally in charge of the day-to-day operations of the City." SECTION 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Doraville shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Doraville for approval or rejection. The 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 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: "BINDING REFERENDUM ( ) YES Shall the Act be approved which changes the government of the City of ( ) NO Doraville to a city manager form of government with a part-time mayor and a full-time city manager?" All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Sections 1 and 2 of this Act shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, Sections 1 and 2 of this Act shall not become effective, and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Doraville. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State. SECTION 4. Except as otherwise provided in Section 3 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 2011 session of the General Assembly of Georgia a bill to amend an Act reincorporating the City of Doraville in the 3906 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II County of DeKalb, approved October 13, 1971 (Ga. L. 1971, Ex. Sess., p. 2154), as amended; and for other purposes. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Elena Parent, who on oath deposes and says that she is the Representative from District 81 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Champion which is the official organ of DeKalb County on February 17, 2011, and that the notice requirements of Code Section 28-1-14 have been met. s/ ELENA PARENT Elena Parent Representative, District 81 Sworn to and subscribed before me, this 10th day of March 2011. s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL) Approved May 11, 2011. __________ CITY OF LAWRENCEVILLE MAYOR; DUTIES; CITY MANAGER; DUTIES AND RESPONSIBILITIES. No. 144 (House Bill No. 555). AN ACT To amend an Act to create a new charter for the City of Lawrenceville, approved March 28, 1986 (Ga. L. 1986, p. 4961), as amended, so as to amend the duties of the mayor; to provide for the establishment of a position of city manager; to provide for the duties and responsibilities of the city manager; to provide for related matters; to repeal conflicting laws; and for other purposes. GEORGIA LAWS 2011 SESSION 3907 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act to create a new charter for the City of Lawrenceville, approved March 28, 1986 (Ga. L. 1986, p. 4961), as amended, is amended by revising Section 2.29 as follows: "SECTION 2.29. Powers and duties of mayor. The mayor shall have the following powers and duties: (1) To preside at meetings of the city council; (2) To be the head of the city for purposes of service of process and for ceremonial purposes and to be the official spokesman for the city and the chief advocate of policy; (3) To see that all laws and ordinances of the city are faithfully executed; (4) To 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 such officer may deem expedient; (5) To administer oaths and to take affidavits; (6) To sign as a matter of course on behalf of the city all written and approved contracts, ordinances, and other instruments executed by the city which by law are required to be in writing; (7) To vote on matters before the city council and be counted toward a quorum as any other council member upon the occurrence of one of the following events: (A) Only two members of the city council are present at a properly called regular, special, or emergency meeting of the mayor and council; or (B) To cast a tie-breaking vote; (8) To work with the city manager to prepare and submit to the city council a recommended annual operating budget and recommended capital budget; (9) To work with the city manager to provide for an annual audit of all accounts of the city; and (10) To fulfill such other executive and administrative duties as the city council shall by ordinance establish." SECTION 2. Said Act is further amended by revising Article 3 as follows: "ARTICLE 3 Administrative affairs. 3908 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 3.10. City manager. The mayor and council shall appoint a city manager who shall not be a councilmember. The city manager shall be responsible for the day-to-day operations of the city, shall prepare an annual budget for consideration by the mayor and council, shall provide financial reports on the fiscal condition of the city to the mayor and council on at least a quarterly basis, shall oversee and authorize purchases and expenditures by the city, and shall have such other powers and duties as the mayor and council prescribe by ordinance. The city manager shall not be subject to annual reappointments. SECTION 3.11. City clerk. The mayor and council shall appoint a city clerk who shall not be a councilmember. The city clerk shall be responsible to the mayor and council for the administration of all city affairs placed in the clerk's charge. The city clerk shall have such powers and duties as the mayor and council prescribe by ordinance. The city clerk shall not be subject to annual reappointments. SECTION 3.12. City general superintendent. The mayor and council shall appoint a city general superintendent. Said superintendent shall be responsible to the mayor and council for all management and engineering affairs placed in the superintendent's charge. The superintendent shall have such powers and duties as the mayor and council prescribe by ordinance. The superintendent shall not be subject to annual reappointments. SECTION 3.13. City attorney. The mayor and 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 representing and defending the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by the city attorney by virtue of holding the position as city attorney. GEORGIA LAWS 2011 SESSION 3909 SECTION 3.14. Administrative and service departments. (a) Except as otherwise provided in this charter, the city council, by ordinance, shall prescribe the functions or duties, and establish, abolish, or alter all nonelective 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. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall be responsible for the administration and direction of the affairs and operations of the respective department or agency. (e) All directors under the supervision of the city manager shall be nominated by the city manager with confirmation of appointment by the city council. SECTION 3.15. 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 appointments 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 the member has executed and filed with the clerk of the city an oath obligating the member to faithfully and impartially perform the duties of the member's office, such oath to be prescribed by ordinance and administered by the mayor. (g) Any member of a board, commission, or authority may be removed from office for cause by a vote of three members of the city council. 3910 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II (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 3.16. Position classification and pay plans. The city manager shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the city council for approval. Such plan may apply to all employees of the city and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the city council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. For purposes of this action, all elected and appointed city officials are not city employees. SECTION 3.17. Personnel policies. The city council shall adopt rules and regulations consistent with this charter concerning: (1) The method of employee selection; (2) The administration of the position classification and pay plan, methods of promotion, and application of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick time, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; and (4) Such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs." 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 2011 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 Lawrenceville" approved March 28, 1986 (Ga. L. 1986, p. 4961), as amended, GEORGIA LAWS 2011 SESSION 3911 to amend the duties of the Mayor; to provide for the establishment of a position of City Manager; and for other purposes. This 16th day of February. Mayor and Council City of Lawrenceville, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Valerie Clark, who on oath deposes and says that she is the Representative from District 104 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily Post which is the official organ of Gwinnett County on March 3, 2011, and that the notice requirements of Code Section 28-1-14 have been met. s/ VALERIE CLARK Valerie Clark Representative, District 104 Sworn to and subscribed before me, this 14th day of March 2011. s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL) Approved May 11, 2011. __________ 3912 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II MONROE COUNTY BOARD OF COMMISSIONERS; RECONSTITUTION; COMPOSITION, ELECTION, AND VACANCIES; POWERS AND DUTIES; OFFICERS; PERSONNEL AND COMPENSATION; DISBURSEMENTS, AUDITS, AND OPERATIONS. No. 145 (House Bill No. 557). AN ACT To amend an Act to create a board of commissioners of roads and revenues for the county of Monroe, approved August 19, 1907 (Ga. L. 1907, p. 318), as amended, so as to reconstitute such board; to provide for its composition, manner of election, and filling of vacancies; to provide for its officers and powers and duties; to provide for its personnel and compensation; to provide for disbursements, audits, and certain operations; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act to create a board of commissioners of roads and revenues for the county of Monroe, approved August 19, 1907 (Ga. L. 1907, p. 318), as amended, is amended by revising Sections 1 through 9 as follows: "SECTION 1. Creation; composition; districts. (a) There is created the Board of Commissioners of Monroe County which shall conduct and administer the county affairs of Monroe County. The board shall be composed of five members. For the purpose of electing members of the board, Monroe County shall be divided into four commissioner districts which 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: monroecc6 Plan Type: Local User: Blake Administrator: Monroe. (b) When used in such attachment, the terms 'Tract' and 'BG' (Block Group) shall mean and describe the same geographical boundaries as provided in the report of the Bureau of 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 Monroe County which is not included in any such district described in that attachment shall be included within that district contiguous to such part which GEORGIA LAWS 2011 SESSION 3913 contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of Monroe 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. (c) Reserved. (d) Commissioner Districts 1, 2, 3, and 4 as they exist on December 31, 2002, shall continue to be designated as Commissioner Districts 1, 2, 3, and 4, respectively, but as newly described under this Act, and on and after January 1, 2003, such members of the board serving on such date shall be deemed to be serving from and representing their respective districts as newly described under this section. (e)(1) The member elected from the county at large shall serve as chairperson of the board of commissioners. (2) There shall be a vice chairperson of the board of commissioners who shall serve in the absence of the chairperson. The position of vice chairperson shall be rotated in numerical order among the membership of the board elected from districts. The member who is vice chairperson shall hold such position contemporaneously with his or her term of office. At the expiration of a term, the vice chairperson position shall rotate numerically to the next district. For the term of office beginning January 1, 1989, the vice chairperson shall be the member from Commissioner District 2. (f)(l) If a member elected from a district moves such member's residence from the district or if the member at large moves such member's residence from Monroe County, the member's position on the board of commissioners shall automatically become vacant. (2) Any vacancies occurring on the board shall be filled as provided in this Act and by other applicable laws, provided that any person seeking to fill a vacancy shall meet the residency requirements and other qualifications for membership." SECTION 2. Powers and duties. That said commissioners shall have and are hereby invested with exclusive jurisdiction and control over the following matters, to wit: in directing, caring, and controlling for all the property of the county according to law; in fixing and levying taxes according to law; in establishing, altering, and abolishing public roads, bridges and ferries, and private ways according to law; in establishing, abolishing, or changing election precincts and militia districts according to law; in supervising the tax collector's and receiver's books, and 3914 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II allowing the insolvent lists of said county; in providing for the collection and enforcement of the road law and the collection of road tax; in settling all claims or accounts of officers having the care, management, keeping, collecting, or disbursement of money belonging to the county or appropriated for its use or benefit and bringing them to settlement, and requiring such reports from them as may be necessary to a full and complete understanding of the financial conditions of the county; controlling, caring for, and managing the convicts of said county according to law, and creating rules and regulations for the support and care of the poor of the county, and the promotion and preserving of the health of the public; of electing and appointing all minor officials of the county whose election or appointment is not otherwise provided by law, such as superintendent of roads and bridges of the county; overseers and guards of the convicts and chain gang; janitor of the courthouse, county physician and health officers, and other guards as needed and authorized by law; in the regulation of peddlers' licenses and general exercising and all other powers and duties not herein specified, and formerly vested by law in the ordinary when sitting for county purposes, and to have and exercise such other powers as are granted by law, or are essential to a complete and proper administration of all county property and county finances. Said commissioners shall have entire control and management of the convicts of said county sentenced to work on the public works and roads of said county, and shall so employ them according to law, so long as said county shall have and maintain a county chain gang. SECTION 3. Judicial powers. Reserved. SECTION 4. Presiding officer; election and duties of clerk. (a) The chairperson shall preside over meetings of the board and shall be authorized to vote in all matters, but the chairperson shall have no power by virtue of such office other than as a presiding officer. (b) The commissioners shall, at the first meeting in January of each year, elect a clerk to be known as the clerk of the county commissioners, but the clerk shall not be a member of the board of commissioners. The clerk must have a practical knowledge of bookkeeping, and it shall be his or her duty to keep a full and accurate record of all the proceedings of the board. The clerk shall keep a complete and accurate record of all the business of the county as contracted by the board. It shall be his or her duty to make as many statements as the board may require, showing the financial condition of the county, and perform such other duties of a clerical nature as may be required of him or her by the board. The clerk shall regularly attend all meetings of the board and keep the books of same stored in a fireproof vault and subject to the inspection of the public at any time. The board of GEORGIA LAWS 2011 SESSION 3915 commissioners shall provide the clerk with such blank books as may be necessary to keep said records in the order herein prescribed. The clerk shall receive for his or her compensation some reasonable sum to be fixed by the board of commissioners at the time of electing the clerk, which sum shall not be changed during the year for which the same is fixed and which shall be payable out of the county treasury on warrant of the commissioners. The clerk shall be subject to removal at any time at the instance of the board. SECTION 5. Road superintendent. That said commissioners shall in each year, at their first meeting, elect a road superintendent, who shall have some practical knowledge of road building and road repairing, and such other hands and equipment as may be provided by said board for the building and repairing of roads, who shall devote all of his or her time to the faithful and efficient discharge of his or her duties as herein stated, and as may be further required of him or her by said board of commissioners. The road superintendent shall not be a member of said board of commissioners, and shall be subject to removal at any time by said board. Said road superintendent shall receive a salary to be fixed by said board of commissioners at the time of electing said superintendent, and which shall not be changed during the year for which the same is fixed, which shall be paid on warrant of said commissioners, out of the county funds. SECTION 6. Disbursements; oaths; bond; removal; compensation. All claims of any character whatever for money made on or against said county, shall be presented to said board and audited by them at their regular meetings, when the same shall be approved or disapproved by a majority of said board. All demands so approved by said board shall be paid only by warrants drawn by said commissioners on the county treasurer, and signed by a majority of the same or signed by two commissioners and countersigned by the clerk of said board, when it shall become payable by the county treasurer. This provision does not apply to the scrip of jurors and county officers issued under order of the courts, nor to the fees of the coroner's jury. All moneys received by said commissioners from any source whatever, and for which they are required to issue receipts, shall be delivered by them into the hands of the county treasurer, and only disbursed as above provided. That, before any of said commissioners shall assume the duties of this office, they shall take and subscribe the following oath: 'I, _______________, duly elected commissioner for Monroe County, do solemnly swear that I will discharge the duties of said office to the best of my ability; so help me God;' which shall be administered by the probate judge of said county and filed in his or her office and recorded on his or her 3916 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II minutes. Said commissioners shall be subject to removal by the judge of the superior court of said county for malfeasance, misfeasance, or nonfeasance in office, as well as for incompetence or neglect of duty. All proceedings instituted for the purpose of removal shall be signed by not less than 25 freeholders of said county, and the same filed and personally served, if possible, 15 days before the time of hearing, which shall be evidenced by rule nisi duly granted by the court. Said petition shall fully and distinctly set forth the grounds upon which said removal is asked, showing wherein the conduct of said commissioner is in violation of this Act. Either side shall have the right of appeal from the decision of the court to the Supreme Court under the same rules and regulations governing the grant or refusal of injunctions. In the event that any commissioner should be ordered removed by the court, his or her office shall become at once vacant unless an appeal is filed, and his or her successor shall be appointed by said judge of the superior court, who shall hold until the next meeting of the grand jury of said county, at which time they shall appoint said successor until the first regular election, at which time said vacancy shall be regularly filled for the full time. If any such election should occur within 30 days from the date of said judgment declaring said vacancy, then the same shall be only supplied by the election of a successor for the full term. The chairperson of the board of commissioners shall be compensated in the amount established by the State of Georgia to be paid from the funds of Monroe County. The other members of the board of commissioners shall be compensated in the amount established by the State of Georgia to be paid from the funds of Monroe County. SECTION 7. Quarterly financial statement. Reserved. SECTION 7A. Annual audit. That there shall be, up to and through December 31st each year, from and after the passage of this Act, a complete annual audit of the books and records of the Monroe County Board of Commissioners, by a duly certified public accountant so qualified as such by and under the law as set out in Code Section 43-3-1 of the O.C.G.A.; that the said audit shall be completed and filed in a timely manner. GEORGIA LAWS 2011 SESSION 3917 SECTION 7B. Restrictions on transfer of ownership/operation of landfill, acceptance of waste generated out of county. (a) Any other provision of law to the contrary notwithstanding, the governing authority of Monroe County shall not transfer ownership or operation of the Strickland Loop Landfill to any private party unless such action is ratified by a majority of the electors of Monroe County voting on the question. (b) Any other provision of law to the contrary notwithstanding, the governing authority of Monroe County shall not authorize the acceptance of any waste generated out of the county to be deposited into the Strickland Loop Landfill unless such action is ratified by a majority of the electors of Monroe County voting on the question. SECTION 8. Reserved. SECTION 9. Local custodian and local registrar authorized to retain all fees authorized by Code Sections 31-10-8 and 31-10-27 of the O.C.G.A.. Any other provision of law to the contrary notwithstanding, the local custodian and local registrar of Monroe County, as such terms are defined in Code Section 31-10-1 of the O.C.G.A shall be authorized to retain all fees authorized by Code Sections 31-10-8 and 31-10-27 of the O.C.G.A." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Plan Name: monroecc6 Plan Type: Local User: Blake Administrator: Monroe Redistricting Plan Components Report District 001 Monroe County Tract: 501 BG: 1 1069 1070 1073 1074 1075 1076 1077 1081 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 3918 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 1123 1124 1125 1126 1127 1128 1994 BG: 2 2059 2060 2062 2063 BG: 3 3065 3066 3067 3108 3109 3110 3111 3112 3113 3114 3115 3116 3117 3118 3119 3120 3121 3122 3123 3124 3125 3126 3127 3131 3132 3133 3989 Tract: 502 BG: 1 1035 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1077 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2035 2041 2042 2043 2044 2045 2046 2049 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2085 2086 2087 2088 2089 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3103 3104 3105 3106 3107 3108 3109 3110 3999 Tract: 503 BG: 1 1020 1021 1022 1993 District 002 Monroe County Tract: 501 BG: 3 3106 3130 Tract: 502 BG: 1 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1036 1037 1038 1039 1040 1041 1042 1043 1073 1074 1075 1076 GEORGIA LAWS 2011 SESSION 3919 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 BG: 2 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2036 2037 2038 2039 2040 2047 2048 2050 2051 2052 2053 2054 2084 BG: 3 3070 3071 3072 3073 3085 3086 3087 3088 3089 3090 3092 3093 3094 3095 3096 3097 3098 3099 3100 3101 3102 3111 3112 3113 3114 3115 Tract: 503 BG: 1 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1139 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 1161 1162 1163 1164 1165 1989 1990 1991 1992 1994 1995 BG: 2 BG: 3 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3044 3056 3080 3083 3084 3997 District 003 Monroe County Tract: 501 BG: 3 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3058 3059 3060 3061 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 3093 3094 3098 3099 3138 3994 3996 3997 Tract: 503 BG: 1 3920 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 1000 1001 1002 1003 1004 1005 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1140 1996 1997 1998 1999 BG: 3 3000 3001 3002 3003 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3081 3082 3085 3086 3087 3088 3089 3090 3091 3092 3093 3094 3095 3096 3097 3098 3099 3100 3101 3102 3103 3104 3105 3106 3107 3998 3999 District 004 Monroe County Tract: 501 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 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1071 1072 1078 1079 1080 1082 1995 1996 1997 1998 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2061 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2997 2998 2999 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3056 3057 3062 3063 3064 3068 3069 3070 3071 3072 3073 3074 3075 3095 3096 3097 3100 3101 3102 3103 3104 3105 3107 3128 3129 3134 3135 3136 3137 3990 3991 3992 3993 3995 3998 3999 Tract: 502 BG: 1 GEORGIA LAWS 2011 SESSION 3921 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1098 1099 BG: 3 3091 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2011 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Monroe County, approved August 19, 1907 (Ga. L. 1907, p. 318), as amended, particularly by an Act approved February 25, 1993 (Ga. L. 1993, p. 3881); and for other purposes. This 16th day of February, 2011. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Susan Holmes, who on oath deposes and says that she is the Representative from District 125 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Monroe County Reporter which is the official organ of Monroe County on March 2, 2011, and that the notice requirements of Code Section 28-1-14 have been met. s/ SUSAN HOLMES Susan Holmes Representative, District 125 Sworn to and subscribed before me, this 15th day of March 2011. s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL) Approved May 11, 2011. __________ 3922 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II CHARLTON COUNTY BOARD OF ELECTIONS AND REGISTRATION; CREATION. No. 146 (House Bill No. 569). AN ACT To create a board of elections and registration for Charlton County and to provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for certain expenditures of public funds; to provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for related matters; to provide for submission under Section 5 of 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 Charlton County Board of Elections and Registration, hereinafter referred to as "the board." The board shall have the powers, duties, and responsibilities of the superintendent of elections of Charlton 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 Charlton County, and the powers, duties, and responsibilities of the board of registrars of Charlton County under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." SECTION 2. The terms "election," "elector," "political party," "primary," and "public office" shall have the same meanings as set forth in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," unless otherwise clearly apparent from the text of this Act; and the term "commissioners" means the Board of Commissioners of Charlton County, and "county" means Charlton County. SECTION 3. (a) The board shall be composed of three members, each of whom shall be an elector and a resident of Charlton County. All members of the board shall be appointed by the Board of GEORGIA LAWS 2011 SESSION 3923 Commissioners of Charlton County. The Charlton County Board of Elections and Registration shall select a chairperson from among its members. (b) The initial terms of office of two members, as designated by their appointment, shall begin on the first day of the month following the month in which this Act is approved by the Governor or in which it becomes law without such approval and shall expire on December 31, 2014, and upon the appointment and qualification of their respective successors. The initial term of office of the remaining member of the board shall begin on the first day of the month following the month in which this Act is approved by the Governor or in which it becomes law without such approval and shall expire on December 31, 2012, and upon the appointment and qualification of his or her successor. Successors to the members of the board whose terms are to expire shall be appointed to take office on the first day of January immediately following the expiration of such terms of office and shall serve for terms of four years each and until their successors are duly appointed and qualified. The board shall take no official action until all members have been certified to the clerk of the Superior Court of Charlton County. SECTION 4. The Charlton County Board of Commissioners shall appoint a person to serve as the supervisor of elections of Charlton County. Such position shall be full-time or part-time at the discretion of the Charlton County Board of Commissioners and such person shall be paid a salary to be set by the Charlton County Board of Commissioners and payable from county funds. The supervisor of elections shall generally direct and control the administration of elections and voter registration in Charlton County. The supervisor of elections shall be supervised by the board and shall be subject to removal from office by the board with cause. The supervisor of elections shall not be a member of the board nor an elected official. SECTION 5. Each member of the board shall: (1) Serve for a term of four years and until a successor is appointed and qualified, except that initial terms of office shall be as provided in subsection (b) of Section 3 of this Act; (2) Be eligible to be reappointed to succeed such member and 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 of Charlton County; and (3) Be subject to removal from the board at any time for cause, after notice and hearing, by the judge of the Superior Court of Charlton County. SECTION 6. (a) The appointment of each member, except the initial members, shall be evidenced by the appointing authority filing an affidavit with the clerk of the Superior Court of Charlton County no later than 30 days preceding the date upon which such member is to take office, stating the name and residence address of the person appointed and certifying that such 3924 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II member has been duly appointed as provided in this Act. The appointment of the initial members of the board shall be evidenced by the appointing authority filing an affidavit with the clerk of the Superior Court of Charlton County immediately following that appointment, stating the name and residence 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 be notified of interim appointments and shall record and certify such appointments in the same manner as the regular appointment of members. (b) The clerk of the Superior Court of Charlton County shall record each certification on the minutes of the Superior Court of Charlton County and shall certify the name of each member to the Secretary of State and provide for the issuance of appropriate commissions to the members as provided by law for county registrars. SECTION 7. In the event a vacancy occurs in the office of any member before the expiration of a term, by reason of removal, death, resignation, or otherwise, the appointing authority which is required under Section 3 of this Act to make the appointment to the office upon the expiration of the term shall appoint a successor to serve the remainder of the unexpired term as provided for in Section 3 of this Act. SECTION 8. Before entering upon the duties of office, each member shall take substantially the same oath as required by law for county registrars and shall have the same privileges from arrest. SECTION 9. (a) The Charlton County Board of Elections and Registration shall be empowered with all of the powers and duties relating to the conduct of primaries and elections as election superintendents pursuant to the provisions of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." (b) The board shall be empowered with all of the powers and duties relating to the registration of electors and absentee balloting procedures as boards of registrars pursuant to the provisions of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." (c) This Act is intended to implement the provisions of subsection (b) of Code Section 21-2-40 of the O.C.G.A. and shall be construed liberally so as to effectuate that purpose. SECTION 10. No person who holds elective public office shall be eligible to serve as a member of the board during the term of such elective public office, and the position of membership of any member shall be deemed vacant upon such member qualifying as a candidate for an elective public office. GEORGIA LAWS 2011 SESSION 3925 SECTION 11. Any rule or regulation promulgated by a county executive committee of a political party under the provisions of subsection (c) of Code Section 21-2-111 of the O.C.G.A. with regard to the conduct of primaries shall be null and void if in conflict with a valid rule or regulation of the board. SECTION 12. (a) Nothing in this Act shall be construed to require or prohibit joint primaries or to require or prohibit the commissioners or any other public agency to bear any expense of conducting primaries not otherwise required by law. (b) The board shall have the authority to serve as municipal registrar and to conduct municipal elections and primaries for any municipal corporation located within Charlton County if such municipal corporation has entered into a contract for that purpose with the Board of Commissioners of Charlton County. SECTION 13. With the approval of the commissioners, the board shall be authorized to expend public funds for the purpose of preparing and distributing material solely to inform and instruct electors of the county adequately with regard to elections. No material distributed by the board shall contain or express, in any manner or form, any commentary or expression of opinion or request for support with respect to any political issue or matter of political concern. SECTION 14. (a) The board may elect from among its membership a vice chairperson and 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 general law. (b) Action and decision by the board shall be by majority vote of the members of the board. SECTION 15. (a) The board shall fix and establish, by appropriate resolution entered in its minutes, directives governing the execution of matters within its jurisdiction. The board shall hold meetings in the election offices. 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 supervisor of elections to provide public notice of the meeting as required by law. All meetings of whatever kind of the board shall be conducted pursuant to Chapter 14 of Title 50 of the O.C.G.A., relating to open meetings. 3926 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II (b) The board shall maintain a written record of policy decisions that shall be amended to include additions or deletions. Such written records shall be subject to Article 4 of Chapter 18 of Title 50 of the O.C.G.A., relating to inspections of public records. SECTION 16. (a) The chairperson of the board of elections and registration shall chair all meetings of the board and shall be the spokesperson for the board. (b) The members of the board shall receive such compensation for their services as members of the board as may be determined by the Board of Commissioners of Charlton County. In addition thereto, they shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties. (c) All amounts payable under this section shall be paid from the funds of Charlton County. SECTION 17. 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. Compensation for such administrative personnel shall be paid by the board under the county personnel systems wholly from county funds. This section shall not be construed so as to require the board to expend any funds simply because they are authorized to do so under this Act. SECTION 18. On the first day of the month following the month in which this Act is approved by the Governor or in which it becomes law without such approval, the election superintendent of Charlton County and the board of registrars of Charlton County shall be relieved of all powers and duties to which the board succeeds by the provisions of this Act; and they shall deliver thereafter to the chairperson of the board, upon his or her written request, the custody of all equipment, supplies, materials, books, papers, records, and facilities of every kind pertaining to such powers and duties. SECTION 19. The governing authority of Charlton County shall through its legal counsel cause this Act to be submitted for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval. SECTION 20. This Act shall become effective on its approval by the Governor or upon its becoming law without such approval. GEORGIA LAWS 2011 SESSION 3927 SECTION 21. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2011 session of the General Assembly of Georgia a bill to create a board of elections and registration for Charlton County and to provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for certain expenditures of public funds; to provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for related matters; to provide for submission under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes. Representative Mark Hatfield District 177 J. Mark Hatfield State Representative House District 177 Coverdell Legislative Office Building Room 404 Atlanta, Georgia 30334 (400) 656-0109 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mark Hatfield, who on oath deposes and says that he is the Representative from District 177 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Charlton County Herald which is the official organ of Charlton County on March 9, 2011, and that the notice requirements of Code Section 28-1-14 have been met. s/ MARK HATFIELD Mark Hatfield Representative, District 177 3928 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II Sworn to and subscribed before me, this 9th day of March 2011. s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL) Approved May 11, 2011. __________ CHARLTON COUNTY JUDGE OF PROBATE COURT; SERVE AS CHIEF MAGISTRATE; COMPENSATION. No. 147 (House Bill No. 570). AN ACT To provide that the judge of the Probate Court of Charlton County shall also serve as the chief magistrate of the Magistrate Court of Charlton County on and after January 1, 2013; to provide for the compensation of such judge for service as chief magistrate; to provide for the continuation in office and expiration of term of the current chief magistrate; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. (a) Pursuant to subsection (g) of Code Section 15-10-20 of the Official Code of Georgia Annotated, the chief magistrate of the Magistrate Court of Charlton County shall not be separately elected for any term of office that begins on or after January 1, 2013, but on and after that date the judge of the Probate Court of Charlton County shall serve as the chief magistrate of the Magistrate Court of Charlton County. There shall be no election in 2012 or thereafter for the office of chief magistrate of the Magistrate Court of Charlton County. The term of office of the judge serving as chief magistrate shall be concurrent with such judge's term of office as the judge of the probate court. (b) Effective January 1, 2013, in addition to any compensation received for service as judge of the Probate Court of Charlton County, the judge of the probate court who serves as chief magistrate shall receive a supplement for service as chief magistrate in an amount to be fixed by the governing authority of Charlton County. Such supplement shall not be less than the GEORGIA LAWS 2011 SESSION 3929 minimum amount provided by any general law of the state for additional service by a judge of the probate court as chief magistrate. SECTION 2. The chief magistrate of the Magistrate Court of Charlton County who is serving as such on January 1, 2011, and any person selected to fill a vacancy in such office shall continue to serve as such chief magistrate for a term of office which shall expire on December 31, 2012, and, during such time period, shall continue to receive the same salary such person was receiving for performing such duties as fixed by the governing authority of Charlton County. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2011 session of the General Assembly of Georgia a bill to provide that the judge of the Probate Court of Charlton County shall also serve as the chief magistrate of the Magistrate Court of Charlton County on and after January 1, 2013; to provide for the compensation of such judge for service as chief magistrate; to provide for the continuation in office and expiration of term of the current chief magistrate; to repeal conflicting laws; and for other purposes. Representative Mark Hatfield District 177 J. Mark Hatfield State Representative House District 177 Coverdell Legislative Office Building Room 404 Atlanta, Georgia 30334 (404) 656-0109 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mark Hatfield, who on oath deposes and says that he is the Representative from District 177 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Charlton County Herald which is the official organ of Charlton County on March 9, 2011, and that the notice requirements of Code Section 28-1-14 have been met. 3930 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II s/ MARK HATFIELD Mark Hatfield Representative, District 177 Sworn to and subscribed before me, this 9th day of March 2011. s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL) Approved May 11, 2011. __________ CITY OF VARNELL REDEVELOPMENT POWERS; REFERENDUM. No. 148 (House Bill No. 576). AN ACT To authorize the City of Varnell 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 Varnell 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 Varnell 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 Varnell 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 2011 SESSION 3931 SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Varnell 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 Varnell 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 Whitfield County. The ballot shall have written or printed thereon the words: "( ) YES Shall the Act be approved which authorizes the City of Varnell to exercise redevelopment powers under the 'Redevelopment Powers Law' as it may be ( ) NO amended from time to time?" All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become of full force and effect immediately. If Section 1 of this Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Varnell. 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 is hereby given that there will be introduced during the 2011 regular session of the General Assembly of Georgia a bill relative to authorizing The City of Varnell to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of the Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; and for other purposes." This 18th day of March, 2011. Rep. Tom Dickson, Georgia House of Representatives, 6th District 3932 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II Rep. Roger Williams, Georgia House of Representatives, 4th District 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, 2011, 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 21st day of March 2011. s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL) Approved May 11, 2011. __________ WHITFIELD COUNTY REDEVELOPMENT POWERS; REFERENDUM. No. 149 (House Bill No. 577). AN ACT To authorize Whitfield 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 2011 SESSION 3933 SECTION 1. Whitfield 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 Whitfield 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 Whitfield 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 Whitfield County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Whitfield County for approval or rejection. The election superintendent shall conduct that election on the Tuesday after the first Monday in November, 2011. 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 Whitfield County. The ballot shall have written or printed thereon the words: "( ) YES Shall the Act be approved which authorizes Whitfield County to exercise ( ) NO redevelopment powers under the 'Redevelopment Powers Law,' as it may be amended from time to time?" All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become of full force and effect immediately. If Section 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 Whitfield 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. 3934 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II NOTICE Notice is hereby given that there will be introduced during the 2011 regular session of the General Assembly of Georgia a bill relative to authorizing Whitfield 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; and for other purposes. This 18th day of March, 2011. Rep. Tom Dickson, Georgia House of Representatives, 6th District Rep. Roger Williams, Georgia House of Representatives, 4th District 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 18, 2011, 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 21st day of March 2011. s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL) Approved May 11, 2011. __________ GEORGIA LAWS 2011 SESSION 3935 FORSYTH COUNTY FORSYTH COUNTY CIVIL SERVICE SYSTEM; EXEMPT CHIEF DEPUTY CLERK AND OFFICE MANAGER OF THE OFFICE OF THE CLERK OF SUPERIOR COURT. No. 150 (House Bill No. 581). AN ACT To amend the Forsyth County Civil Service System Act creating the Forsyth County Civil Service System, approved March 13, 1978 (Ga. L. 1978, p. 3572), as amended, particularly by an Ordinance and Resolution adopted by the Board of Commissioners of Forsyth County December 9, 1996 (Ga. L. 1997, p. 4701), and by an Act approved May 29, 2007 (Ga. L. 2007, p. 4319), so as to exempt the chief deputy clerk of the Superior Court of Forsyth County and the office manager of the office of the clerk of Superior Court of Forsyth County from the application of the Forsyth County Civil Service System; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. The Forsyth County Civil Service System Act creating the Forsyth County Civil Service System, approved March 13, 1978 (Ga. L. 1978, p. 3572), as amended, particularly by an Ordinance and Resolution adopted by the Board of Commissioners of Forsyth County December 9, 1996 (Ga. L. 1997, p. 4701), and by an Act approved May 29, 2007 (Ga. L. 2007, p. 4319), is amended by revising subsection (a) of Section 2 of said Act as follows: "(a) There is hereby created and established a civil service system of personnel administration, to be known as the Forsyth County Civil Service System. All employees of Forsyth County shall be members of the Forsyth County Civil Service System except: Elected officers of the county, members of appointed boards, members of commissions and authorities, the county attorney, the county physician, part-time employees, hourly wage earners, seasonal employees and consultants, employees of the Probate Court of Forsyth County, employees of Forsyth County Pre-Trial Services, the chief deputy clerk of the Superior Court of Forsyth County, the office manager of the office of clerk of Superior Court of Forsyth County, and other employees expressly exempt by law." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. 3936 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2011 session of the General Assembly of Georgia a bill to amend the Forsyth County Civil Service System Act creating the Forsyth County Civil Service System, approved March 13, 1978 (Ga. L. 1978, p.3572), as amended, particularly by an Ordinance and Resolution adopted by the Board of Commissioners of Forsyth County December 9, 1996 (Ga. L. 1997, p.4701) and by an Act approved May 29, 2007 (Ga. L. 2007, p.4319), so as to exempt the Chief Deputy Clerk of the Superior Court of Forsyth County and the office manager of the office of Clerk of Superior Court of Forsyth County from the application of the Forsyth County Civil Service System; to provide an effective date; and for other purposes. Representative Mike Dudgeon District 24 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mike Dudgeon, who on oath deposes and says that he is the Representative from District 24 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Forsyth County News which is the official organ of Forsyth County on March 18, 2011, and that the notice requirements of Code Section 28-1-14 have been met. s/ MIKE DUDGEON Mike Dudgeon Representative, District 24 Sworn to and subscribed before me, this 21st day of March 2011. s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL) GEORGIA LAWS 2011 SESSION 3937 Approved May 11, 2011. __________ TOWN OF PARROTT NEW CHARTER. No. 151 (House Bill No. 582). AN ACT To provide a new charter for the Town of Parrott; to provide for incorporation, boundaries, and powers of the municipality; to provide for a governing authority of such municipality 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 municipal attorney, a municipal 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 appeal; 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 municipal 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 severability; 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 1.10. Name. This town 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 Town of Parrott, Georgia, and by that name shall have perpetual existence. 3938 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 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 law. The boundaries of this town at all times shall be shown on a map to be retained permanently in the Town of Parrott Town Hall and to be identified by the town clerk as Official Map of the Corporate Limits of the Town of Parrott, Georgia. A photographic, typed, or other copy of such map or description certified by the Town of Parrott 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 town 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 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 powers of the town shall include, but not be limited to, 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 town; 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 town. GEORGIA LAWS 2011 SESSION 3939 (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 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 as the same shall exist from time to time provided by the Official Code of Georgia Annotated. (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 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 town 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 charges as may be necessary in the operation of the town 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. (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. 3940 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II (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 and the laws of the State of Georgia. (18) Municipal property ownership. To acquire, dispose of, lease, option, and hold in trust, or otherwise accept or transfer an interest in any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the 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. (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 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 aesthetically 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. GEORGIA LAWS 2011 SESSION 3941 (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; 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 procedures provided by the Official Code of Georgia Annotated as the same shall exist from time to time. (27) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances. (28) Public transportation. To organize and operate such public transportation systems as are deemed beneficial. (29) Public utilities and services. To grant franchises or make contracts for or impose taxes on public utilities and public service companies and to prescribe the rates, fares, regulations, 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 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, 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 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 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. 3942 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II (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 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 town 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. (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 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. (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 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; 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 town and its officers, agencies, or employees shall be carried into execution as provided by this charter. If this GEORGIA LAWS 2011 SESSION 3943 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. 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 five council members. The town council 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. Town council; terms and qualifications for office. The members of the town 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 town for one year prior to the date of election of the mayor or member of the council; and each person holding town 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 town. 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, Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted; provided, however, that the office of mayor or council member shall become vacant upon the unexcused absence of the holder of the office from four consecutive regularly scheduled meetings of the town council. Excused absences shall be granted by a majority vote of the remaining town council members 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 council member shall be filled for the remainder of the unexpired term, if any, by appointment by the remaining council members. A vacancy in the office of mayor shall be filled by the mayor pro tem. The council shall appoint a council member to serve the remainder of the unexpired term of the position vacated by the mayor pro tem. 3944 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 2.13. Compensation and expenses. The mayor and council members shall receive compensation and expenses for their services as provided by ordinance. SECTION 2.14. Conflicts of interest. (a) 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) Neither the mayor nor any member of the town council shall vote upon, sign, or veto any ordinance, resolution, contract, or other matter in which that person is financially interested. SECTION 2.15. Inquiries and investigations. Following the adoption of an authorizing resolution, the 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. Except as otherwise provided by law or this charter, the town council shall be vested with all the powers of government of this town as provided by Article I of 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, detentional, penal and medical institutions, agencies, and facilities and any other public improvements inside or outside the town 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. GEORGIA LAWS 2011 SESSION 3945 SECTION 2.18. Organizational meetings. The town 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 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 ____________ in and for the Town of Parrott, to the best of my knowledge, skill, and ability; that I am not the holder of any unaccounted for public money due to the State of Georgia or any political subdivision or authority thereof; that I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state, which I am by the laws of the State of Georgia prohibited from holding; that I am qualified to hold the office which I am about to enter according to the Constitution and laws of Georgia; that I will support the Constitutions of the United States and the State of Georgia; that I have been a resident of the post from which elected and the Town of Parrott for the time required by the Constitution and laws of the State of Georgia and the Charter of the Town of Parrott, so help me God." 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 two members of the town council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 24 hours in advance of the meeting. Such notice to council members shall not be required if the mayor and all council members are present when the special meeting is called. Such notice of any special meeting may be waived by a council member in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such council member's presence. Only the business stated in the call may be transacted at the special meeting. (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 O.C.G.A. or other such applicable laws as are or may hereafter be enacted. 3946 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 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 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 the 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 council member 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. 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 Town of Parrott," 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. Except for emergency ordinances, all ordinances shall have two separate readings; provided, however, the town council may dispense with the second reading with the unanimous consent of the members present. 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 town clerk and at such other public places as the town Council may designate. GEORGIA LAWS 2011 SESSION 3947 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 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. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least three council members 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 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. (b) Such meetings shall be open to the public to the extent required by law, and notice to the public of emergency meetings shall be made as fully as is reasonably possible in accordance with Code Section 50-14-1 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted. SECTION 2.25. Codes of technical regulations. (a) The 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 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 town clerk pursuant to Section 2.20 of this charter. 3948 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II (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 town 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 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 Parrott, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the town and 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 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 incorporate therein. The town 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 town. The mayor shall possess all of the executive and administrative power granted to the town 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 town, the mayor shall: (1) See that all laws and ordinances of the town are faithfully executed; (2) Exercise supervision over all executive and administrative work of the town and over all employees and departments of the town and provide for the coordination of administrative activities; GEORGIA LAWS 2011 SESSION 3949 (3) Prepare and submit to the town council a recommended operating budget and capital budget; (4) Submit to the town 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; (5) 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 the mayor may deem expedient; (6) Call special meetings of the town council as provided for in Section 2.19(b); (7) Preside at all meetings of the town 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 town; (9) Require any department or agency of the town 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 tempore; selection; duties. By a majority vote, the town council shall elect a council member to serve as mayor pro tempore. In the mayor's absence, the mayor pro tempore shall preside at meetings of the town 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 town 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 town council, by ordinance, shall prescribe the functions and duties of and establish, abolish, alter, consolidate, or leave vacant all non-elective 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 town 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. (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 3950 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 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 town 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 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 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 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 town 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 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 town clerk. GEORGIA LAWS 2011 SESSION 3951 SECTION 3.12. Town attorney. The town council shall appoint a town attorney, together with such assistant town attorneys 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 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 council member. 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. The town 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 Town of Parrott. 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 3952 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 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. (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 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 town ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $500.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 180 days, or other such fine and imprisonment, or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and care of prisoners bound over to superior courts for violations of state law. (e) The municipal court shall have authority to establish bail and recognizance to ensure the presence of those charged with violations before said court, and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for that person's appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge 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. GEORGIA LAWS 2011 SESSION 3953 (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 same 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 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 town 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 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. 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 Town of Parrott 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. 3954 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II ARTICLE V ELECTIONS AND REMOVAL SECTION 5.10. Applicability of general law. All primaries and elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended. SECTION 5.11. Regular elections; time for holding. Elections for mayor and town council shall be held on the Tuesday following the first Monday in November of each election year. Beginning in 2011 and every four years thereafter there shall be an election for mayor and council members. SECTION 5.12. Non-partisan elections. Political parties shall not conduct primaries for town offices, and names of all candidates for town 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 town council positions shall be elected. SECTION 5.14. 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 required by Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended. GEORGIA LAWS 2011 SESSION 3955 SECTION 5.15. Removal of officers. (a) The mayor, council members, or other appointed officers provided for in this charter shall be removed from office for any one or more of the causes provided in Title 45 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted. (b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods: (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 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 10 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 shall in this paragraph 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 Parrott. 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 and 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. 3956 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 6.12. Occupation and business taxes. The town council, by ordinance, shall have the power to levy such occupation or business taxes as are not denied by law. The town 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 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 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 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. GEORGIA LAWS 2011 SESSION 3957 SECTION 6.15. Service charges. 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 6.18 of this charter. SECTION 6.16. 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 6.18 of this charter. SECTION 6.17. Construction; other taxes and fees. The 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 6.18. 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 6.17 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 town permits for failure to pay any town taxes or fees; and the assignment or transfer of tax executions. SECTION 6.19. 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 3958 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 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. Short-terms 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. Lease-purchase contracts. The town 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 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 town 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 town government. SECTION 6.24. 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. GEORGIA LAWS 2011 SESSION 3959 SECTION 6.25. Submission of operating budget to town council. 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 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 town clerk and shall be open to public inspection. SECTION 6.26. 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, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The town 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 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 6.24 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 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 3960 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 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 town. SECTION 6.28. Changes in appropriations. The town 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 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. SECTION 6.30. Contracting procedures. 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 2.20 of this charter. SECTION 6.31. Centralized purchasing. The town council, by ordinance, shall prescribe procedures for a system of centralized purchasing for the town. GEORGIA LAWS 2011 SESSION 3961 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 government 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 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 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. ARTICLE VII GENERAL PROVISIONS SECTION 7.10. Bonds for officials. The officers and employees of this town, both elective and appointive, 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 and not inconsistent with this charter are hereby declared valid and of full effect and force until amended or repealed by the town council. 3962 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 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 180 days before or during which the existing town council shall pass a transition ordinance detailing the changes in personnel and appointive officers required or desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition. SECTION 7.13. Pending matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue, and any such ongoing work or cases shall be completed by such town agencies, personnel, or offices 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 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. GEORGIA LAWS 2011 SESSION 3963 SECTION 7.16. Repealer. An Act incorporating the Town of Parrott in the County of Terrell, State of Georgia, approved September 26, 1889 (Ga. L. 1888-89, p. 384), as amended, is repealed in its entirety; and all amendatory acts thereto are likewise repealed in their entirety. SECTION 7.17. Effective date. 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 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 2011 session of the General Assembly of Georgia a bill to provide a new charter for the Town of Parrott and for other purposes. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Hanner, who on oath deposes and says that he is the Representative from District 148 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Dawson News which is the official organ of Terrell County on March 10, 2011, and that the notice requirements of Code Section 28-1-14 have been met. s/ BOB HANNER Bob Hanner Representative, District 148 3964 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II Sworn to and subscribed before me, this 15th day of March 2011. s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL) Approved May 11, 2011. __________ CITY OF LAVONIA HOMESTEAD EXEMPTION; CITY TAXES: SENIOR CITIZENS; REFERENDUM. No. 152 (House Bill No. 583). AN ACT To provide for a homestead exemption from City of Lavonia 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 Lavonia, 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 Lavonia who is a senior citizen is granted an exemption on that person's homestead from City of Lavonia ad valorem taxes for municipal purposes in the GEORGIA LAWS 2011 SESSION 3965 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 Lavonia, 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 Lavonia, 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 Lavonia, 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 Lavonia, 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 Lavonia 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, 2012. SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Lavonia 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 Lavonia for approval or rejection. The municipal election superintendent shall conduct that election on a date specified by O.C.G.A. Section 21-2-540, and shall issue the call and conduct that election as provided by general law. The municipal election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Franklin County. The ballot shall have written or printed thereon the words: "( ) YES ( ) NO Shall the Act be approved which provides a homestead exemption from City of Lavonia 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?" 3966 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and 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 the City of Lavonia. 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 2011 session of the General assembly of Georgia a bill to provide for a homestead exemption from City of Lavonia 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. 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 March 3, 2011, and that the notice requirements of Code Section 28-1-14 have been met. s/ ALAN POWELL Alan Powell Representative, District 29 GEORGIA LAWS 2011 SESSION 3967 Sworn to and subscribed before me, this 21st day of March 2011. s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL) Approved May 11, 2011. __________ CITY OF HARTWELL CITY COUNCIL; APPOINTMENT OF COMMITTEE MEMBERS, COMMITTEE CHAIRPERSONS, AND OFFICERS. No. 153 (House Bill No. 584). AN ACT To amend an Act providing a new charter for the City of Hartwell, approved April 6, 1992, (Ga. L. 1992, p. 5476), so as to change the process for the appointment of committee members, committee chairpersons, and officers of the city council; 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 Hartwell, approved April 6, 1992, (Ga. L. 1992, p. 5476), is amended by revising subsection (b) of Section 2.20 as follows: "(b) All committees and committee chairpersons and officers of the city council shall be appointed by the mayor, but each and every such appointment shall be subject to the right of the city council to override or rescind such appointment at any time by a vote of a majority of the city council, in its discretion. All committee members shall serve at the pleasure of the mayor and city council. The mayor shall have the power to appoint new members to any committee at any time, but each and every such appointment shall be subject to the same right of the city council to override or rescind such appointment or appointments by a majority vote of the city council." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. 3968 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 2011 session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Hartwell, approved April 6, 1992, (Ga. L. 1992, p. 5476), so as to change the process for the appointment of committee members, committee chairpersons, and officers of the city council; to repeal conflicting laws; and for other purposes. David Aldrich City Manager GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Alan Powell, who on oath deposes and says that he is the Representative from District 29 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Hartwell Sun which is the official organ of Hart County on March 10, 2011, 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 21st day of March 2011. s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL) Approved May 11, 2011. __________ GEORGIA LAWS 2011 SESSION 3969 ROCKDALE COUNTY JUDGE OF PROBATE COURT; COMPENSATION. No. 154 (House Bill No. 585). AN ACT To amend an Act providing an annual salary for the judge of the Probate Court of Rockdale County in lieu of the fee system of compensation, approved March 4, 1969 (Ga. L. 1969, p. 2173), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4770), so as to change the provisions relating to the compensation of such judge; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing an annual salary for the judge of the Probate Court of Rockdale County in lieu of the fee system of compensation, approved March 4, 1969 (Ga. L. 1969, p. 2173), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4770), is amended by revising Section 2 to read as follows: "SECTION 2. The judge of the Probate Court of Rockdale County shall receive an annual salary equal to 67 percent of the base salary of a superior court judge, as set forth in Code Section 45-7-4 of the O.C.G.A., as now or hereafter amended, and 67 percent of any county supplement paid to a superior court judge by Rockdale County, as now or hereafter amended. The judge of the Probate Court of Rockdale County shall also be authorized to participate in the Group Retirement Program, the Group Hospitalization Benefit Program and any other employee benefit program as may be provided for by Rockdale County on the same basis as other officers and employees of Rockdale County if he or she meets the normal eligibility requirements of the programs." SECTION 2. This Act shall become effective on July 1, 2011. 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 2011 session of the General Assembly of Georgia a bill to amend an Act providing an annual salary for the judge of the 3970 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II Probate Court of Rockdale County in lieu of the fee system of compensation, approved March 4, 1969 (Ga. L. 1969, p. 2173), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4770), so as to change the provisions relating to the compensation of such judge; and for other purposes. -s- Pamela Stephenson Representative Pam Stephenson District 92 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Pam Stephenson, who on oath deposes and says that she is the Representative from District 92 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Rockdale Citizen which is the official organ of Rockdale County on March 13, 2011, and that the notice requirements of Code Section 28-1-14 have been met. s/ PAM STEPHENSON Pam Stephenson Representative, District 92 Sworn to and subscribed before me, this 16th day of March 2011. s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL) Approved May 11, 2011. __________ GEORGIA LAWS 2011 SESSION 3971 HALL COUNTY COMMUNITY IMPROVEMENT DISTRICTS; LOCATION OF DISTRICTS; APPOINTMENT OF DISTRICT BOARD MEMBER. No. 155 (House Bill No. 588). AN ACT To amend an Act creating one or more community improvement districts in Hall County, Georgia (Ga. L. 2008, p. 4050), so as to change a certain provision relating to the location of such districts; to change provisions relating to the appointment of a member of the district board; 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 one or more community improvement districts in Hall County, Georgia (Ga. L. 2008, p. 4050), is amended by revising Section 2 as follows: "SECTION 2. Purpose. The purpose of this Act shall be to provide for the creation of one or more community improvement districts within Hall County, and such districts shall be created for the provision of such of the following governmental services and facilities as may be provided for in the resolution activating each district created pursuant to this Act, or as may be adopted by a caucus of electors as defined in this Act: (1) Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads; (2) Parks and recreational areas and facilities; (3) Storm water and sewage collection and disposal systems; (4) Development, storage, treatment, purification, and distribution of water; (5) Public transportation; (6) Terminal and dock facilities and parking facilities; and (7) Such other services and facilities as may be provided for by general law." SECTION 2. Said Act is further amended by revising Section 4 as follows: 3972 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II "SECTION 4. Creation. Pursuant to Article IX, Section VII of the Constitution of the State of Georgia, there is created one or more community improvement districts to be located in the area of Hall County, Georgia, each of which shall be activated upon compliance with the conditions set forth in this section. Each district shall be governed by a board constituted by this Act. The conditions for such activation shall be: (1) The adoption of a resolution consenting to the creation of each community improvement district by: (A) The Board of Commissioners of Hall County if the district is located wholly within the unincorporated area of Hall County; (B) The governing authority of the municipality if the district is located wholly within the incorporated area of a municipality; or (C) The governing authorities of Hall County and any municipality in which the district is partially located if it is located within the unincorporated area of Hall County and partially within the incorporated area of any municipality; and (2) The written consent to the creation of the community improvement district by: (A) A majority of the owners of real property within the district which will be subject to taxes, fees, and assessments levied by the board of the district; and (B) The owners of real property within the district which constitutes at least 75 percent by value of all real property within the district which will be subject to taxes, fees, and assessments levied by the board. For this purpose, value shall be determined by the most recent approved county ad valorem tax digest. The written consent provided for in this paragraph shall be submitted to the tax commissioner of Hall County, who shall certify whether subparagraphs (A) and (B) of this paragraph have been satisfied with respect to each such proposed district. No district or board created under this Act shall transact any business or exercise any powers under this Act until the foregoing conditions are met. A copy of such resolutions shall be filed with the Secretary of State, who shall maintain a record of all districts activated under this Act, and with the Department of Community Affairs." SECTION 3. Said Act is further amended by revising Section 5 as follows: "SECTION 5. Administration, appointment, and election of board members. (a) Each district created pursuant to this Act shall be administered by a board composed of at least seven board members to be appointed and elected as provided in this section. Two board members shall be appointed by the governing authority of Hall County, but if GEORGIA LAWS 2011 SESSION 3973 any of the district is located wholly or partially within the incorporated area of a municipality, one board member shall be appointed by the governing authority of Hall County and one board member shall be appointed by the governing authority of each municipality within which the district is wholly or partially located. Two board members shall be elected by vote of the electors; and three members shall be elected by the vote of the equity electors. The members representing the electors and equity electors shall be elected to serve in positions for Posts 1 through 5, respectively. Each elected board member must receive a majority of the votes cast for the post for which he or she is a candidate. Votes for Posts 1 and 2 shall be cast by electors and votes for Posts 3, 4, and 5 shall be cast by equity electors. The initial term of office for the members representing Posts 1 and 4 shall be one year. The initial term of office for the members representing Posts 2 and 5 shall be two years, and the initial term of office of the member representing Post 3 shall be three years. Thereafter, all terms of office for the elected board members shall be for three years. The appointed board members shall serve at the pleasure of the governing authorities which appointed them. (b) The initial board members to be elected as provided in subsection (a) of this section shall be elected in a caucus of electors which shall be held within 90 days after the adoption of the resolutions and obtaining the written consents herein provided at such time and place within the district as the governing authority of Hall County shall designate after notice thereof has been given to said electors as provided in this Act. Thereafter, there shall be conducted annually, not later than 60 days following the last day for filing ad valorem real property tax returns in Hall County, a caucus of said electors at such time and place within the district as the board shall designate in such notice for the purpose of electing board members to those board member positions whose terms expire or are vacant. If a vacancy occurs in an elected position on the board, the board shall, within 60 days thereof, call a special election to fill the same to be held within 60 days of the call unless such vacancy occurs within 180 days of the next regularly scheduled election, in which case a special election may, but need not, be called. (c) Board members shall be subject to recall as any other elected public official by the electors defined by this Act. (d) Board members shall receive no compensation for their services, but shall be reimbursed for actual expenses incurred in the performance of their duties. They shall elect one of their number as chairperson and another as vice chairperson. They shall also elect a secretary and a treasurer, or a secretary-treasurer, any of whom may, but need not, be a member of the board or an elector. (e) Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code,' shall not apply to the election of district board members. The district board may adopt such bylaws not inconsistent with this Act to provide for any matter concerning such elections." SECTION 4. Said Act is further amended by revising Section 6 as follows: 3974 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II "SECTION 6. Taxes, fees, and assessments. (a) The board may levy taxes, fees, and assessments within the district only on real property used nonresidentially, specifically excluding all property exempt from ad valorem taxation under the Constitution or laws of the State of Georgia; all property used for residential, agricultural, or forestry purposes; and all tangible personal property and intangible property. Any tax, fee, or assessment so levied shall not exceed 2.5 percent of the aggregate assessed value of all such real property. The taxes, fees, and assessments levied by the board shall be equitably apportioned among the properties subject to such taxes, fees, and assessments according to the need for governmental services and facilities created by the degree of density of development of each such property. The proceeds of taxes, fees, and assessments levied by the board shall be used only for the purpose of providing governmental services and facilities which are specially required by the degree of density of development within the district and not for the purpose of providing those governmental services and facilities provided to the county as a whole. Any tax, fee, or assessment so levied shall be collected by Hall County in the same manner as taxes, fees, and assessments are levied by Hall County. Delinquent taxes shall bear the same interest and penalties as Hall County ad valorem taxes and may be enforced and collected in the same manner. The proceeds of taxes, fees, and assessments so levied, less a fee to cover the costs of collection of 1 percent of such proceeds, but not more than $25,000.00 in any one calendar year, shall be transmitted by Hall County to the board and shall be expended by the board only for the purposes authorized by this Act. (b) The board shall levy the taxes, fees, and assessments in subsection (a) of this section subsequent to the report of the assessed taxable values for the current calendar year and notify Hall County in writing so that the district levy may be included on Hall County's regular ad valorem tax bills. (c) If, but for this provision, a parcel of real property is removed from a district or otherwise would become nontaxable, it shall continue to bear its tax millage then extant upon such event for bonded indebtedness of the district then outstanding until said bonded indebtedness then outstanding is paid or refunded. (d) Each property owner paying taxes, fees, or assessments levied by the board for any public facility as set forth in Section 2 of this Act may receive a credit equal to the present value of all such taxes, fees, and assessments toward any impact fee as may be levied by Hall County and each municipality within which the district is wholly or partially located against such property for system improvements which are in the same category as said public facility in accordance with Chapter 71 of Title 36 of the O.C.G.A., the 'Georgia Development Impact Fee Act.' Application for such development impact fee credit may be granted by legislative action of the governing authority of Hall County and each municipality within which the district is wholly or partially located in its discretion." GEORGIA LAWS 2011 SESSION 3975 SECTION 5. Said Act is further amended by revising Section 7 as follows: "SECTION 7. Boundaries of the districts. (a) The boundaries of each district shall be as designated as such by the governing authority of Hall County as set forth in the resolutions required in Section 4 of this Act, or as may thereafter be added as provided in this Act. (b) The boundaries of a district may be increased after the initial creation of a district pursuant to the following: (1) Written consent of a majority of the owners of real property within the area sought to be annexed and which will be subject to taxes, fees, and assessments levied by the board of the district; (2) Written consent of owners of real property within the area sought to be annexed which constitutes at least 75 percent by value of the property which will be subject to taxes, fees, and assessments levied by the board. For this purpose, value shall be determined by the most recent approved county ad valorem tax digest; (3) The adoption of a resolution consenting to the annexation by the board of the district; and (4) The adoption of a resolution consenting to the annexation by the governing authorities of Hall County and each municipality within which the district is wholly or partially located." SECTION 6. Said Act is further amended by revising Section 9 as follows: "SECTION 9. Cooperation with local governments. The services and facilities provided pursuant to this Act shall be provided for in a cooperation agreement executed jointly by the board and by Hall County and each municipality within which the district is wholly or partially located. The provisions of this section shall in no way limit the authority of Hall County and each municipality within which the district is wholly or partially located to provide services or facilities within the district; and Hall County and each municipality within which the district is wholly or partially located shall retain full and complete authority and control over any of its facilities located within its respective areas of any district. Said control shall include, but not be limited to, the modification of, access to, and degree and type of services provided through or by facilities of the county. Nothing contained in this section shall be construed to limit 3976 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II or preempt the application of any governmental laws, ordinances, resolutions, or regulations to the district or the services or facilities provided therein." SECTION 7. Said Act is further amended by revising paragraphs (15) and (18) of subsection (a) of Section 10 as follows: "(15) To encourage and promote the improvement and development of the district and to make, contract for, or otherwise cause to be made long-range plans or proposals for the district in cooperation with Hall County and each municipality within which the district is wholly or partially located;" "(18) To create, provide, enhance, or supplement public services such as fire, police, and other such services as may be deemed necessary, provided that said public services do not conflict with or duplicate existing Hall County services and each municipality within which the district is wholly or partially located; and" SECTION 8. Said Act is further amended by revising Section 14 as follows: "SECTION 14. Dissolution. (a) Any district activated under the provisions of this Act may be dissolved. The conditions for such dissolution shall be: (1) The adoption of a resolution approving the dissolution of each community improvement district by: (A) The Board of Commissioners of Hall County if the district is located wholly within the unincorporated area of Hall County; (B) The governing authority of the municipality if the district is located wholly within the incorporated area of a municipality; or (C) The governing authorities of Hall County and any municipality in which the district is partially located if it is located within the unincorporated area of Hall County and partially within the incorporated area of any municipality; and (2) The written consent to the dissolution of the community improvement district by: (A) Two-thirds of the owners of real property within the district that are subject to taxes, fees, and assessments levied by the board of the district; and (B) The owners of real property constituting at least 75 percent by value of all real property within the district that are subject to taxes, fees, and assessments levied by the board. For this purpose, value shall be determined by the most recently approved county ad valorem tax digest. GEORGIA LAWS 2011 SESSION 3977 The written consent provided for in this paragraph shall be submitted to the Hall County tax commissioner, who shall certify whether subparagraphs (A) and (B) of this paragraph have been satisfied with respect to each proposed district dissolution. (b) At the official caucus of electors at which board members are to be elected in the tenth year following creation of the district, and every tenth year thereafter, the question shall be put to the electors present to dissolve the community improvement district. Upon an affirmative vote of two-thirds of the electors present and voting, who shall represent at least 75 percent of the votes cast on the basis of value, the board shall send a ballot to each owner of property subject to taxes, fees, and assessments levied by the board for a vote on the dissolution. Upon receipt of ballots consenting to the dissolution from a majority of the property owners, who shall represent at least 75 percent of the assessed value of said properties, the board shall request dissolution by the governing authority and shall forward said ballots to the Hall County tax commissioner for certification. (c) In the event that successful action is taken pursuant to this section to dissolve the district, the dissolution shall become effective at such time as all debt obligations of the district have been satisfied. Following a successful dissolution action and until the dissolution becomes effective, no new projects may be undertaken, no new obligations or debts may be incurred, and no new property may be acquired. (d) Upon a successful dissolution action, all noncash assets of the district other than public facilities or land or easements to be used for such public facilities, as described in Section 2 of this Act, shall be reduced to cash and, along with all other cash on hand, shall be applied to the repayment of any debt obligation of the district. Any cash remaining after all outstanding obligations are satisfied shall be refunded to each property owner in direct proportion to its assessed value relative to the total assessed value of the district in the tax year of dissolution. (e) When dissolution becomes effective, the county governing authority shall take title to all property previously in the ownership of the district in the unincorporated area of Hall County, and any municipality in which the district is wholly or partially located shall take title to all such property in the incorporated area, and all taxes, fees, and assessments of the district shall cease to be levied and collected." SECTION 9. This Act shall become effective immediately upon its approval by the Governor or its becoming law without such approval. SECTION 10. All laws and parts of laws in conflict with this Act are repealed. 3978 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 2011 session of the General Assembly of Georgia a bill to amend an Act creating one or more community improvement districts in Hall County, Georgia (Ga. L. 2008, p. 4050), so as to change a certain provision relating to the location of such districts; to change provisions relating to the appointment of a member of the district board; to provide for related matters; and for other purposes. Representative James Mills District 25 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James Mills, who on oath deposes and says that he is the Representative from District 25 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Times which is the official organ of Hall County on March 17, 2011, and that the notice requirements of Code Section 28-1-14 have been met. s/ JAMES MILLS James Mills Representative, District 25 Sworn to and subscribed before me, this 21st day of March 2011. s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL) Approved May 11, 2011. __________ GEORGIA LAWS 2011 SESSION 3979 CITY OF WOODSTOCK CORPORATE LIMITS. No. 156 (House Bill No. 590). AN ACT To amend an Act providing a new charter for the City of Woodstock, approved April 17, 1975 (Ga. L. 1975, p. 4160), as amended, specifically by an Act approved May 17, 2004 (Ga. L. 2004, p. 4472), so as to change the corporate limits of the city by annexing certain territory to the city; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing a new charter for the City of Woodstock, approved April 17, 1975 (Ga. L. 1975, p. 4160), as amended, specifically by an Act approved May 17, 2004 (Ga. L. 2004, p. 4472), is amended by adding new subsections to Section 1.11 to read as follows: "(g) In addition to the present territory included within the corporate limits of the city, the corporate limits of the city shall include the entire current right of way of Interstate 575 from the Cherokee County and Cobb County county lines to the northern city limits of the City of Woodstock, Georgia, being the northerly land lot line of Land Lot 708, 15th District, 2nd Section, in Cherokee County, Georgia, and shall specifically include the entire current width of the right of way of such portion 13 of Interstate 575. However, as authorized under subsection (a) of Code Section 36-32-1 of the O.C.G.A., this property shall be excepted from the jurisdiction of the municipal court of the City of Woodstock; the municipal court shall have no jurisdiction over the property described in this subsection; and jurisdiction over such property shall be in the state and superior courts of Cherokee County or as otherwise provided by general law. (h) The territory within the corporate limits of the city shall also include any property contained within an annexation ordinance which has been adopted by the City Council of the City of Woodstock, Georgia." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. 3980 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II CITY OF WOODSTOCK Notice of Intent to Amend the Charter of the City of Woodstock, Georgia Notice is given that there will be introduced at the regular 2011 session of the General Assembly of Georgia, a bill to annex into the City Limits of Woodstock Interstate 575 Right-of-Way from the Cobb County Line to the northern City Limits thus amending the Charter of the City of Woodstock, Georgia. A copy of the proposed annexation and charter amendment can be obtained by calling 770 592-6002. 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 4, 2011, 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 3rd day of March 2011. s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL) Approved May 11, 2011. __________ GEORGIA LAWS 2011 SESSION 3981 GWINNETT COUNTY BOARD OF COMMISSIONERS; REPEAL REQUIREMENT FOR PUBLIC DISSEMINATION OF AMOUNTS EXPENDED FOR PROFESSIONAL SERVICES. No. 157 (House Bill No. 592). AN ACT To amend an Act creating the board of commissioners of Gwinnett County, approved January 31, 1968 (Ga. L. 1968, p. 4658), as amended, particularly by an Act approved March 20, 1990 (Ga. L. 1990, p. 3998), so as to repeal provisions relating to public dissemination of amounts expended by the county for professional services; 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 Gwinnett County, approved January 31, 1968 (Ga. L. 1968, p. 4658), as amended, particularly by an Act approved March 20, 1990 (Ga. L. 1990, p. 3998), is amended by repealing subsection (d) of Section 7 which reads as follows: "(d)(1) As used in this subsection, the term: (A) 'Person' means an individual, a corporation, a partnership, a business trust, an association, a firm, or any other legal entity. (B) 'Professional services' includes but is not limited to the practice of architecture, the practice of professional engineering, the practice of land surveying, the practice of landscape architecture, the practice of law, and consultant or professional study services. The term 'professional services' shall not include indigent defense services; medical services; educational and recreational instruction; counseling services; banking services; court reporting; medical examiner services; arbitration; investigation services, expert witnesses for criminal proceedings, or other professional services associated with judicial proceedings; veterinarian services; language translation services; funeral and burial services; drug testing; and preemployment psychological screenings. The term 'professional services' is not intended to include such services provided by county employees as part of their job duties, but rather is intended to include only such services provided on a nonemployee contractual basis. (2) The board of commissioners shall prepare monthly and make available for public dissemination in the county legal organ and such other media as the board shall deem appropriate an itemized account of all funds expended for professional services, except those services excluded under subparagraph (B) of paragraph (1) of this subsection. The 3982 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II account shall state the name of the person receiving county funds, the amount so received, and the professional service provided. If a vendor receives more than one payment during a month for the same type of professional service, then it shall be sufficient to publish the total of such payments." 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 2011 session of the General Assembly of Georgia a bill to amend an Act creating the board of commissioners of Gwinnett County, approved January 31, 1968 (Ga. L. 1968, p. 4658), as amended, particularly by an Act approved March 20, 1990 (Ga. L. 1990, p. 3998), so as to repeal provisions relating to public dissemination of amounts expended by the county for professional services; to provide for related matters; and for other purposes. /s/ Buzz Brockway Representative Buzz Brockway District 101 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Buzz Brockway, who on oath deposes and says that he is the Representative from District 101 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 10, 2011, and that the notice requirements of Code Section 28-1-14 have been met. s/ BUZZ BROCKWAY Buzz Brockway Representative, District 101 Sworn to and subscribed before me, this 11th day of March 2011. s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia GEORGIA LAWS 2011 SESSION 3983 My Commission Expires July 29, 2011 (SEAL) Approved May 11, 2011. __________ JEFF DAVIS COUNTY BOARD OF COMMISSIONERS; MEETINGS. No. 158 (House Bill No. 598). AN ACT To amend an Act creating the Board of Commissioners of Jeff Davis County, approved March 25, 1958 (Ga. L. 1958, p. 3288), as amended, particularly by an Act approved March 21, 1989 (Ga. L. 1989, p. 3998), so as to modify provisions relating to the scheduling of meetings of the board of commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating the Board of Commissioners of Jeff Davis County, approved March 25, 1958 (Ga. L. 1958, p. 3288), as amended, particularly by an Act approved March 21, 1989 (Ga. L. 1989, p. 3998), is amended by striking Section 6 and inserting a new Section 6 as follows: "SECTION 6. The board of commissioners shall have the authority to set the dates and times of their regular meeting or meetings. The first meeting of the board of commissioners shall take place at the offices of the board of commissioners at 6:00 P.M. on the third Monday of January of each year or as soon thereafter as possible. At the first meeting the board shall set the dates and times of the regular meeting or meetings for the year and shall elect one of the members as chairperson and one as vice chairperson. Any chairperson or vice chairperson shall hold his or her office until his or her successor is elected, and nothing in this Act shall prevent the reelection of any chairperson or vice chairperson. Upon due legal notice being given, the board of commissioners may call, hold, and schedule special meetings and workshops at such times, dates, and places as they determine necessary or appropriate. The board of commissioners may reschedule the time, date, and place of regular and special meetings when required due to an emergency, necessity, or other extenuating circumstance, provided that legal public notice is given." 3984 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 2. This Act shall become effective on July 1, 2011. 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 2011 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Jeff Davis County, approved March 25, 1958 (Ga. L. 1958, p. 3288), as amended and for other purposes. 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 Jeff Davis Ledger which is the official organ of Jeff Davis County on March 23, 2011, 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 23rd day of March 2011. s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL) Approved May 11, 2011. __________ GEORGIA LAWS 2011 SESSION 3985 COOK COUNTY JUDGE OF PROBATE COURT; NONPARTISAN ELECTIONS. No. 159 (House Bill No. 599). AN ACT To provide that future elections for the office of judge of the probate court of Cook County shall be nonpartisan elections; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. All elections for the office of judge of the probate court of Cook County conducted after January 1, 2012, shall be nonpartisan elections as provided for in Code Section 21-2-139 of the O.C.G.A. and shall be held and conducted as provided in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." SECTION 2. Nothing in this Act shall affect the term of office of the judge of the probate court of Cook County in office on January 1, 2012. The sitting judge of the probate court shall serve out the term of office for which he or she was elected and shall be eligible to succeed himself or herself as provided in this Act. SECTION 3. The governing authority of Cook County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended, no later than 60 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval. SECTION 4. This Act shall become effective on January 1, 2012. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. 3986 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 2011 session of the General Assembly of Georgia a bill to provide that future elections for the office of judge of the probate court of Cook County shall be nonpartisan elections; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. s/Rep. Penny Houston 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 District 170 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Adel News Tribune which is the official organ of Cook County on March 16, 2011, 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 22nd day of March 2011. s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL) Approved May 11, 2011. __________ GEORGIA LAWS 2011 SESSION 3987 CANDLER COUNTY STATE COURT; SOLICITOR; COMPENSATION. No. 160 (House Bill No. 600). AN ACT To amend an Act establishing the State Court of Candler County, approved July 29, 1920 (Ga. L. 1920, p. 364), as amended, particularly by an Act approved March 15, 1988 (Ga. L. 1988, p. 3956), so as to change provisions relating to the compensation of the solicitor; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act establishing the State Court of Candler County, approved July 29, 1920 (Ga. L. 1920, p. 364), as amended, particularly by an Act approved March 15, 1988 (Ga. L. 1988, p. 3956), is amended in subsection (a) of Section 5 by replacing the word "his" with the words "his or her" and by striking the following: "The said solicitor shall receive a salary of not less than $10,000.00 per year nor more than $12,000.00 per year, the exact amount to be determined by the governing authority of Candler County, which shall be paid in the same manner as the judge's salary is paid." and inserting in place thereof the following: "The solicitor shall receive a salary equal to 90 percent of the salary of the judge of the court to be paid in the same manner as the judge's salary is paid." so that when so amended said subsection shall read as follows: "(a) There shall be a solicitor of the State Court of Candler County who shall be elected or appointed at the same time, in the same manner, and for the same term of four years as the judge of said court. The solicitor shall be commissioned by the Governor and, before entering office, shall take the same oath which district attorneys of superior courts must take. An assistant district attorney of the Middle Judicial Circuit may serve as solicitor should the solicitor be unavoidably absent or should the solicitor be temporarily incapacitated, as the district attorney of the Middle Judicial Circuit may provide by agreement through the judge of the State Court of Candler County. The solicitor of the state court shall have been a resident of Candler County for one year next preceding the beginning of his or her term of office or his or her appointment and shall, as of such date, be at least 25 years of age and shall have been admitted to practice law for one year. The solicitor of the State Court of Candler County shall be a part-time solicitor and may engage in the private practice of law but may not practice in his or her own court or appear in any matter as to which the solicitor has exercised jurisdiction. The duties of the solicitor shall be to prosecute all offenses cognizable before the State Court of Candler County and shall 3988 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II represent the state in all cases appealed or removed to higher courts. The solicitor shall receive a salary equal to 90 percent of the salary of the judge of the court to be paid in the same manner as the judge's salary is paid. The solicitor shall be authorized to employ a secretary, part time, who shall possess such qualifications as the solicitor may determine and to serve at the pleasure of the solicitor; and the secretary's salary shall be $3,600.00 per year and payable in equal monthly installments out of the funds of Candler County; and the governing authority of Candler County shall annually make provisions by levying taxes for this purpose." SECTION 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or 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 2011 session of the General Assembly of Georgia a bill to amend an Act establishing the State Court of Candler County, approved July 29, 1920 (Ga. L. 1920, p. 364), as amended, particularly by an Act approved March 15, 1988 (Ga. L. 1988, p. 3956), so as to change provisions relating to the compensation of the solicitor; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. J. Kendall Gross Candler County Attorney J. Kendall Gross, P.C. Post Office Box 695 Metter, Georgia 30439 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Butch Parrish, who on oath deposes and says that he is the Representative from District 156 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Metter Advertiser which is the official organ of Candler County on March 23, 2011, and that the notice requirements of Code Section 28-1-14 have been met. GEORGIA LAWS 2011 SESSION 3989 s/ BUTCH PARRISH Butch Parrish Representative, District 156 Sworn to and subscribed before me, this 23rd day of March 2011. s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL) Approved May 11, 2011. __________ DEKALB COUNTY REAL ESTATE TAX STATEMENTS; AD VALOREM TAXES FOR DISTRICT SERVICES. No. 161 (House Bill No. 607). 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. 3548), as amended, particularly by an Act approved May 27, 2010 (Ga. L. 2010, p. 3548), so as to give the county the authority to reflect the ad valorem taxes for district services separately on the real estate tax statement; to provide for applicability; 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 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. 3548), as amended, particularly by an Act approved May 27, 2010 (Ga. L. 2010, p. 3548), is amended by adding a new subsection to Section 6.1 to read as follows: 3990 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II "(d) Real Estate Tax Statement. Beginning with the year 2011 the adjusted district services ad valorem tax for basic police services and nonbasic police services identified in subparagraphs (A) and (B) of paragraph (4) of Section 2 of this Act shall be reflected on the real estate tax statement as a separate line item tax for each such district service, and the adjusted district services ad valorem tax for the remaining district services identified in paragraph (4) of Section 2 of this Act shall be reflected on the real estate tax statement as a single line item tax." 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 2011 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, known and cited as the "DeKalb County Special Services Tax Districts Act," approved April 12, 1982 (Ga. L. 1982, p. 3548), as amended, particularly by an Act approved May 27, 2010 (Ga. L. 2010, p. 3548), and for other purposes. Representative Mike Jacobs District 8 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mike Jacobs, who on oath deposes and says that he is the Representative from District 80 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 24, 2011, and that the notice requirements of Code Section 28-1-14 have been met. s/ MIKE JACOBS Mike Jacobs Representative, District 80 GEORGIA LAWS 2011 SESSION 3991 Sworn to and subscribed before me, this 28th day of March 2011. s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL) Approved May 11, 2011. __________ EMANUEL COUNTY JUDGE OF PROBATE COURT; NONPARTISAN ELECTIONS. No. 162 (House Bill No. 610). AN ACT To provide that future elections for the office of judge of the probate court of Emanuel County shall be nonpartisan elections; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. All elections for the office of judge of the probate court of Emanuel County conducted after January 1, 2012, shall be nonpartisan elections as provided for in Code Section 21-2-139 of the O.C.G.A. Such nonpartisan elections shall be held in conjunction with the November general election immediately preceding expiration of the term of office and conducted as provided in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." SECTION 2. Nothing in this Act shall affect the term of office of the judge of the probate court of Emanuel County in office on January 1, 2012. The sitting judge of the probate court shall serve out the term of office for which he or she was elected and shall be eligible to succeed himself or herself as provided in this Act. 3992 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 3. The governing authority of Emanuel County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended, no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2011 session of the General Assembly of Georgia a bill to provide that future elections for the office of judge of the probate court of Emanuel County shall be nonpartisan elections; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Representative Butch Parrish District 156 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Butch Parrish, who on oath deposes and says that he is the Representative from District 156 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Forest-Blade which is the official organ of Emanuel County on March 23, 2011, and that the notice requirements of Code Section 28-1-14 have been met. s/ BUTCH PARRISH Butch Parrish Representative, District 156 Sworn to and subscribed before me, this 23rd day of March 2011. s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL) GEORGIA LAWS 2011 SESSION 3993 Approved May 11, 2011. __________ CITY OF CORNELIA CITY OF CORNELIA WATER AND SEWERAGE AUTHORITY; CREATION. No. 163 (House Bill No. 612). AN ACT To create the City of Cornelia Water and Sewerage Authority; to authorize the authority to acquire, construct, add to, extend, improve, equip, repair, operate, and maintain projects embracing sources of water supply, reservoirs, small watershed projects, works of improvements for watersheds, projects for watershed protection and flood control and prevention, recreational facilities developed in connection therewith, the distribution and sale of water and related facilities to individuals, private concerns, municipal corporations, and the State of Georgia and its political subdivisions and instrumentalities thereof; to authorize the authority to acquire, construct, add to, extend, improve, equip, repair, operate, and maintain sewerage systems, both sanitary and storm, sewage disposal and sewage treatment plants, and any and all other related facilities; to confer powers and to impose duties on the authority; to provide for the members of the authority and their term of tenure and compensation; to authorize the authority to contract with others pertaining to the use of the utilities and facilities of the authority and to execute leases and do all things deemed necessary or convenient for the operation of such undertakings or projects; to authorize the issuance of revenue bonds or obligations of the authority, payable from the revenues, tolls, fees, charges, and earnings of the authority and to pay the cost of such undertakings or projects and to authorize the collection and pledging of the revenues and earnings of the authority for the payment of such bonds or obligations and to authorize the execution of resolutions and trust indentures to secure the payment thereof and to define the rights of the holders of such bonds or obligations; to provide that no debt of the City of Cornelia shall be incurred in the exercise of any of the powers granted by this Act; to make the bonds or obligations of the authority exempt from taxation; to provide for the authority to condemn property of every kind; to authorize the issuance of refunding bonds or obligations; to fix the venue or jurisdiction of actions relating to any provisions of this Act and to provide that such bonds or obligations be validated as authorized by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law"; to provide for liberal construction; to provide for severability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 3994 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 1. Short title. This Act shall be known and may be cited as the "City of Cornelia Water and Sewerage Authority Act." SECTION 2. City of Cornelia Water and Sewerage Authority. (a) There is created a body corporate and politic to be known as the "City of Cornelia Water and Sewerage Authority," which shall be deemed to be a political subdivision of the State of Georgia and a public corporation by that name, style, and title and said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity, except that the authority or the trustee acting under the trust indenture shall in no event be liable for any torts committed by any of the officers, agents, or employees of the authority. The authority is granted the same exemptions and exclusions from taxes as are now granted to cities and counties for the operation of facilities similar to facilities to be operated by the authority as provided under the provisions of this Act. The authority shall have perpetual existence. (b) The authority shall consist of five members: the mayor of the City of Cornelia, two commissioners of the City of Cornelia appointed by the mayor and city commission, the city manager of the City of Cornelia, and one additional member appointed by the mayor and commission of the city. With respect to the members of the authority who serve by virtue of their offices or positions with the city, the terms of their office as members of the authority shall be concurrent with their respective offices or positions with the city. In addition with respect to the terms of the members of the authority appointed by the mayor and commission of the city, the term of such members shall be for two years. The member who is appointed by the mayor and commission and who is not a commissioner of the city shall be a resident of the City of Cornelia. Any member of the authority may be selected and appointed to succeed himself or herself. (c) The mayor and commission of the City of Cornelia may provide by resolution for compensation for the services of the members of the authority in such amounts as they may deem appropriate; provided, however, that such members shall be in any event reimbursed for their actual expenses necessarily incurred in the performance of their duties. (d) The members of the authority shall elect one of their number as chairperson and another as vice chairperson. The members of the authority shall also elect a secretary, who need not be a member of the authority, and may also elect a treasurer, who need not be a member of the authority. The secretary may also serve as treasurer. If the secretary or treasurer are not members of the authority, such officer shall have no voting rights. Each of such officers shall serve for a period of one year and until their successors are duly elected and qualified. GEORGIA LAWS 2011 SESSION 3995 (e) A majority of the members of the authority shall constitute a quorum and, except as provided in this subsection, any action may be taken by the authority upon the affirmative vote of a majority of a quorum of the members. No vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority. A majority vote of the total membership of the authority shall be required for the authority to create any debt or issue any negotiable revenue bonds. (f) The authority shall be subject to all of the provisions of Chapters 14 and 18 of Title 50 of the O.C.G.A., the open meetings and open records laws of the State of Georgia. SECTION 3. Definitions. As used in this Act, the term: (1) "Authority" or "water and sewerage authority" means the City of Cornelia Water and Sewerage Authority created in Section 2 of this Act. (2) "Cost of the project" shall embrace the cost of construction, the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment, financing charges, interest prior to and during construction and for one year after completion of construction; cost of engineering, architectural, fiscal, and legal expenses and of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project; administrative expenses, and such other expenses as may be necessary or incident to the financing authorized by this Act; the construction of any project; 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 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) "Project" means and includes the acquisition, construction, and equipping of water facilities for obtaining one or more sources of water supply, reservoirs, small watershed projects, works of improvements for watersheds, projects for watershed protection and flood control and prevention, recreational facilities developed in connection therewith, the treatment of water, and the distribution and sale of water to users and consumers, including, but not limited to, the State of Georgia and counties and municipalities for the purpose of resale inside and outside the territorial boundaries of the City of Cornelia, and additions to, improvements to, extensions of, and the operation and maintenance of same so as to assure an adequate water system, watershed protection and improvement, and flood control and prevention; the acquisition, construction, and equipping of sewerage facilities useful and necessary for the gathering of waste matter, and the treatment of sewage of any and every type, including, but not limited to, the acquisition and construction of treatment plants, ponds, and lagoons inside and outside the territorial boundaries of the City of Cornelia, and additions and improvements to and extensions of such facilities and the operation and 3996 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II maintenance of same so as to assure an adequate sewerage system. Said water facilities, small watershed projects, projects for watershed protection and flood control and prevention, recreational facilities developed in connection therewith, and sewerage facilities, at the discretion of the authority, may be combined at any time as one revenue-producing undertaking and operated and maintained as such. (4) "Revenue bonds," "bonds," or "obligations" as used in this Act shall mean revenue bonds as defined and provided for in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," and such type of obligations may be issued by the authority as authorized under the "Revenue Bond Law" and any amendments thereto and, in addition, shall also mean obligations of the authority the issuance of which are specifically provided for in this Act. (5) "Self-liquidating" means any project for which, in the judgment of the authority, the revenues and earnings to be derived by the authority therefrom and all facilities used in connection therewith will be sufficient to pay the cost of operating, maintaining, repairing, improving, and extending the project and to pay the principal of and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects. SECTION 4. Powers. The authority shall have the following powers: (1) To have a seal and alter the same at pleasure; (2) To acquire by purchase, lease, gift, condemnation or otherwise, and to hold, operate, maintain, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property, or rights or easements therein or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or to dispose of the same in any manner it deems to the best advantage of the authority, the authority being under no obligation to accept and pay for any property condemned under this Act except from the funds provided under the authority of this Act, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceedings as may be just to the authority and to the owners of the property to be condemned, and no property shall be acquired under the provisions of this Act upon which any lien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money is deposited in trust to pay and redeem the fair value of such lien or encumbrance; and if the authority shall deem it expedient to construct any project on any lands the title GEORGIA LAWS 2011 SESSION 3997 to which shall then be in the State of Georgia, the Governor is authorized to convey, for and in behalf of the state, title to such lands to the authority upon payment to the State of Georgia for the credit of the general fund of the state of the reasonable value of such land in accordance with the applicable laws of the State of Georgia; and if the authority shall deem it expedient to construct any project on any lands the title to which shall then be in Habersham County or in any municipality incorporated in said county, including the City of Cornelia, the governing authority or body of said county or of any of said municipalities, if the governing authority of said county or of any of said municipalities consents thereto, is authorized to convey title to such lands to the authority upon payment for the credit of the general funds of said county or municipalities the reasonable value of such lands. Notwithstanding anything to the contrary contained in this Act, the authority shall have the nonexclusive right, easement, and franchise of laying the necessary mains, pipes, conduits, and drains for waterworks, sewerage, and drainage systems purposes within the rights of way of streets, roads, and highways in the City of Cornelia, without cost except that the authority shall repair all damage done by the authority by reason thereof; (4) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and fix their respective compensations; (5) To make and execute contracts, leases, and instruments, which shall be necessary or convenient, including contracts for acquisition and construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be constructed or acquired; and any and all persons, firms, and corporations, and the state and any and all political subdivisions, departments, institutions, or agencies of the state, are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable; and without limiting the generality of the above, authority is specifically granted to municipal corporations, counties, and other political subdivisions and to the authority to enter into contracts, lease agreements, or other undertakings relative to the furnishing of services and facilities by the authority to such municipal corporations, counties, and political subdivisions for a term not exceeding 50 years; (6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, as defined in this Act; the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds or other funds of the authority or from such proceeds or other funds and any grant from the United States of America or any agency or instrumentality thereof or from the State of Georgia or any agency or instrumentality thereof; (7) To accept loans and grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may impose; (8) To accept loans and grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof, upon 3998 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may impose; (9) To borrow money for any of its corporate purposes and to execute notes or other evidences of such indebtedness and to secure the same; (10) To issue negotiable revenue bonds payable solely from funds pledged for the purpose, and to provide for the payment of the same and for the rights of the holders thereof; (11) To exercise any power usually possessed by private corporations performing similar functions, including the power to incur short-term debt and to approve, execute, and deliver appropriate evidence of any such indebtedness, provided that such power is not in conflict with the Constitution and laws of this State; and (12) To do all things necessary or convenient to carry out the powers expressly given in this Act. SECTION 5. Revenue bonds. The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created by this Act, shall have power and is authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds for the purpose of paying all or any part of the cost of any one or more projects, as defined in paragraph (2) of Section 3 of this Act. The principal of and interest on such revenue bonds shall be payable solely from the special fund provided for in this Act for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates, shall provide for when interest shall be payable and when principal shall mature, and shall be payable in such medium of payment as to both principal and interest, all 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. In addition, the authority shall have the power to issue revenue bonds or obligations pursuant to and in conformity with Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law." SECTION 6. 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 thereof, which may be at any bank or trust company inside or outside the state. The bonds may be issued in coupon or registered form or both as the authority may determine and provision may be made for the registration of any coupon bond as to principal alone and also as to both the principal and interest. GEORGIA LAWS 2011 SESSION 3999 SECTION 7. Revenue bonds; signatures; seal. All such bonds shall bear the manual or facsimile signature of the chairperson of the authority, attested by the manual or facsimile signature of the secretary of the authority, and the official seal of the authority or a facsimile thereof shall be affixed thereto and any coupons attached thereto shall bear the facsimile signatures of the chairperson and secretary of the authority. Any coupon may bear the facsimile signatures of such persons and any bond may be signed, sealed, and attested on behalf of the authority by such person as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. In case any officer whose signature shall appear on any bonds or whose signature shall appear on any coupon shall cease to be such officer before delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. SECTION 8. Revenue bonds; negotiability; exemption from taxation. All revenue bonds issued under the provisions of this Act shall have and are declared to have all the qualities and incidents of negotiable instruments under laws of this state. Such bonds are declared to be issued for an essential public and governmental purpose and said bonds and the income thereof shall be exempt from all taxation within the state. SECTION 9. Revenue bonds; sale; 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 and the proceeds derived from the sale of such bonds shall be used solely for the purpose provided in the proceedings authorizing the issuance of such bonds. SECTION 10. Revenue bonds; interim receipts and certificates or temporary bonds. Prior to the preparation of definitive bonds, the authority may under like restrictions issue interim receipts, interim certificates, or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter. 4000 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 11. Revenue bonds; replacement of lost or mutilated bonds. The authority may also provide for the replacement of any bond or any coupons which shall become mutilated or be destroyed or lost. SECTION 12. Revenue bonds; conditions precedent to issuance. Such revenue bonds shall be issued as required by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law." Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon passage; and any such resolution may be passed at any regular or special or adjourned meeting of the authority by a majority of its members. SECTION 13. Credit not pledged. Revenue bonds issued under the provisions of this Act shall not constitute a debt of the City of Cornelia, nor a pledge of the faith and credit of said city, but such bonds shall be payable solely from the funds provided for in this Act and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate said city to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. SECTION 14. Trust indenture as security. In the discretion of the authority, any issue of such revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company inside or outside of the state. Such trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair, and insurance of the project, and the custody, safeguarding, and application of all moneys, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the authority, and may also GEORGIA LAWS 2011 SESSION 4001 contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture. SECTION 15. To whom proceeds of bonds shall be paid. The authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who or any agency, bank, or trust company which shall act as trustee of such funds and shall hold and apply the same to the purposes provided for in this Act, subject to such regulations as this Act and such resolution or trust indenture may provide. SECTION 16. Sinking fund. The revenues, fees, tolls, and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund, which said sinking fund shall be pledged to and charged with the payment of: (1) The interest upon which revenue bonds as such interest shall fall due; (2) The principal of the bonds as the same shall fall due; (3) Any premium upon bonds acquired by redemption, payment, or otherwise; (4) The necessary charges of the paying agent or agents for paying principal and interest; and (5) Any investment fees or charges. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust 4002 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture, any surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be canceled and shall not be reissued, printed, and delivered. SECTION 17. Remedies of bondholders. Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights given by this Act may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted by this Act or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture, to be performed by the authority, or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished. SECTION 18. Refunding bonds. The authority is authorized to provide by resolution for the issuance of bonds of the authority for the purpose of funding or refunding any revenue bonds issued under the provisions 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 19. Venue and jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such authority shall be brought in the Superior Court of Habersham County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions. GEORGIA LAWS 2011 SESSION 4003 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., 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, why such contract or contracts and the terms and conditions thereof shall not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as a part of the basis of the security for the payment of any such bonds of the authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such bonds and the security for the payment thereof and interest thereon and against the authority issuing the same, the state and any municipality, county, authority, political subdivision, or instrumentality thereof, if a party to the validation proceedings, contracting with the City of Cornelia Water and Sewerage Authority. SECTION 21. Interest of bondholders protected. (a) While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of said authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds, and no other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interest and rights of the holders of such bonds, nor will the state itself so compete with the authority. (b) The provisions of this Act shall be for the benefit of the authority and the holders of any such bonds and, upon the issuance of bonds under the provisions of this Act, shall constitute a contract with the holders of such bonds. SECTION 22. Moneys received considered trust funds. All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, income, fees, and earnings shall be deemed to be trust funds to be held and applied solely as provided in this Act. 4004 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 23. Tort immunity. The authority shall have the same immunity and exemption from liability for torts and negligence as the City of Cornelia, 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 Cornelia when in performance of their public duties or work of the city. SECTION 24. Tax exempt status of authority. The properties of the authority, both real and personal, are declared to be public properties used for the benefit and welfare of the people of the state and not for purposes of private or corporate benefit and income, and such properties and the authority shall be exempt from all taxes and special assessments of any city, county, or the state or any political subdivision thereof. SECTION 25. Rates, charges, and revenues; use. The authority is authorized to prescribe and revise from time to time rates, fees, tolls, and charges and to collect such rates, fees, tolls, and charges for the services, facilities, or commodities furnished and, in anticipation of the collection of the revenues and income of such undertakings or projects, to issue revenue bonds as provided by this Act to finance in whole or in part the cost of a project or projects, and to pledge to the punctual payment of said bonds and interest thereon all or any part of the revenues and income of such undertakings or projects, 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 acquired or constructed under the provisions of this Act, including the basis on which water service and facilities, sewerage service and facilities, or both shall be furnished. GEORGIA LAWS 2011 SESSION 4005 SECTION 27. Powers declared supplemental and additional. The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized by this Act and shall be regarded as supplemental and additional to powers conferred by other laws and shall not be regarded as in derogation of any powers now existing. This Act does not in any way take from Habersham County or any municipality located therein, including the City of Cornelia, or any adjoining county the authority to own, operate, and maintain a water system, small watershed project, project for watershed protection and flood control and prevention, recreational facilities developed in connection therewith, a sewerage system, or a combined water and sewerage system or to issue revenue bonds as is provided by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law." SECTION 28. Liberal construction of Act. This Act being for the welfare of various political subdivisions of the State of Georgia and their inhabitants shall be liberally construed to effect the purposes hereof. SECTION 29. Severability. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. SECTION 30. 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 2011 session of the General Assembly of Georgia a bill to create the City of Cornelia Water and Sewerage Authority; to 4006 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II authorize the authority to acquire, construct, add to, extend, improve, equip, repair, operate, and maintain projects embracing sources of water supply, reservoirs, small watershed projects, works of improvements for watersheds, projects for watershed protection and flood control and prevention, recreational facilities developed in connection therewith, the distribution and sale of water and related facilities to individuals, private concerns, municipal corporations, and the State of Georgia and its political subdivisions and instrumentalities thereof; to authorize the authority to acquire, construct, add to, extend, improve, equip, repair, operate, and maintain sewerage systems, both sanitary and storm, sewage disposal and sewage treatment plants, and any and all other related facilities; to confer powers and to impose duties on the authority; to provide for the members of the authority and their term of tenure and compensation; to authorize the authority to contract with others pertaining to the use of the utilities and facilities of the authority and to execute leases and do all things deemed necessary or convenient for the operation of such undertakings or projects; to authorize the issuance of revenue bonds or obligations of the authority, payable from the revenues, tolls, fees, charges, and earnings of the authority and to pay the cost of such undertakings or projects and to authorize the collection and pledging of the revenues and earnings of the authority for the payment of such bonds or obligations and to authorize the execution of resolutions and trust indentures to secure the payment thereof and to define the rights of the holders of such bonds or obligations; to provide that no debt of the City of Cornelia shall be incurred in the exercise of any of the powers granted by this Act; to make the bonds or obligations of the authority exempt from taxation; to provide for the authority to condemn property of every kind; to authorize the issuance of refunding bonds or obligations; to fix the venue or jurisdiction of actions relating to any provisions of this Act and to provide that such bonds or obligations be validated as authorized by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law"; to provide for liberal construction; to provide for severability; to repeal conflicting laws; and for other purposes. 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 25, 2011, and that the notice requirements of Code Section 28-1-14 have been met. s/ RICK AUSTIN Rick Austin Representative, District 10 GEORGIA LAWS 2011 SESSION 4007 Sworn to and subscribed before me, this 28th day of March 2011. s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL) Approved May 11, 2011. __________ CITY OF KINGSLAND REDEVELOPMENT POWERS; REFERENDUM. No. 164 (House Bill No. 613). 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. 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 4008 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 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, 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 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 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 2011 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; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; and for other purposes. /s/ Jason C. Spencer Representative Jason Spencer District 180 GEORGIA LAWS 2011 SESSION 4009 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jason Spencer, who on oath deposes and says that he is the Representative from District 180 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Tribune & Georgian which is the official organ of Camden County on March 16, 2011, and that the notice requirements of Code Section 28-1-14 have been met. s/ JASON SPENCER Jason Spencer Representative, District 180 Sworn to and subscribed before me, this 28th day of March 2011. s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL) Approved May 11, 2011. __________ CITY OF HOLLY SPRINGS CORPORATE LIMITS. No. 165 (House Bill No. 618). AN ACT To amend an Act entitled "An Act to provide a new charter for the City of Holly Springs in the County of Cherokee," approved March 18, 1980 (Ga. L. 1980, p. 3281), as amended, particularly by an Act approved March 30, 1987 (Ga. L. 1987, p. 4964), so as to change 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. Act entitled "An Act to provide a new charter for the City of Holly Springs in the County of Cherokee," approved March 18, 1980 (Ga. L. 1980, p. 3281), as amended, particularly by an 4010 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II Act approved March 30, 1987 (Ga. L. 1987, p. 4964), is amended by adding a new subsection (d) to Section 1.02 to read as follows: "(d) In addition to any other property within the corporate limits of the City of Holly Springs, those corporate limits shall include all of the right of way of Interstate Highway 575 in Cherokee County between the southern boundary of the corporate limits of said city and the northern boundary of the corporate limits of the City of Woodstock, as the same exist on the effective date of this subsection." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. City of Holly Springs Notice of Intent To Introduce Local Legislation Annexing a portion of Interstate 575 In the City of Holly Springs, Georgia Notice is given that there will be introduced at the regular 2011 session of the General Assembly of Georgia a bill to annex a portion of Interstate 575 into the city limits of Holly Springs, Georgia for the purpose of increased level of public safety, protection and service not only for the citizens of our community but of our state. For more information, please contact the City Clerk's office at (770) 345-5536 or via email at knorred@hollyspringsga.us. 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 March 23, 2011, 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 29th day of March 2011. s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia GEORGIA LAWS 2011 SESSION 4011 My Commission Expires Aug. 25, 2011 (SEAL) Approved May 11, 2011. __________ CITY OF DALTON REDEVELOPMENT POWERS; REFERENDUM. No. 166 (House Bill No. 619). AN ACT To authorize the City of Dalton 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 Dalton 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 Dalton 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 Dalton 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 Dalton 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 Dalton 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 Whitfield County. The ballot shall have written or printed thereon the words: 4012 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II "( ) YES Shall the Act be approved which authorizes the City of Dalton to exercise redevelopment powers under the 'Redevelopment Powers Law' as it may be ( ) NO amended from time to time?" All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become of full force and effect immediately. If Section 1 of this Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Dalton. 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 Notice is hereby given that there will be introduced during the 2011 regular session of the General Assembly of Georgia a bill relative to authorizing the City of Dalton to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; and for other purposes. This 21st day of March 2011 Rep. Tom Dickson, Georgia House of Representatives, 6th District Rep. Roger Williams, Georgia House of Representatives, 4th District 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 GEORGIA LAWS 2011 SESSION 4013 County on March 24, 2011, 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 29th day of March 2011. s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL) Approved May 11, 2011. __________ AMERICUS-SUMTER COUNTY AIRPORT AUTHORITY MEMBERSHIP. No. 173 (Senate Bill No. 56). AN ACT To amend an Act creating the Americus-Sumter County Airport Authority, approved April 19, 2000 (Ga. L. 2000, p. 4082), so as to change the membership of the authority; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating the Americus-Sumter County Airport Authority, approved April 19, 2000 (Ga. L. 2000, p. 4082), is amended by revising subsection (b) of Section 2 as follows: "(b) The authority shall consist of six members who shall be residents of Sumter County. Two of the members shall be appointed by the governing authority who may be members of such governing authority of Sumter County for terms of office of two years each. Two of the members shall be appointed by the governing authority of the City of Americus who may be members of such governing authority for terms of office of two years each. The governing authorities of Sumter County and the City of Americus shall jointly appoint two members, who shall be a residents of Sumter County and may be residents of the City of 4014 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II Americus, for a term of office of two 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." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the 2011 regular Session of the General Assembly of Georgia a bill to amend an act creating the Americus-Sumter county Airport Authority approved April 19, 2000 (Ga. Laws 2000, p. 40820) so as to change the membership of the Authority; to repeal conflicting laws; and for other purposes. THIS, the 25th day of January, 2011 Americus-Sumter County Airport Authority GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George Hooks, who on oath deposes and says that he is the Senator from District 14 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Americus Times-Recorder which is the official organ of Sumter County on January 28, 2011, and that the notice requirements of Code Section 28-1-14 have been met. s/ GEORGE HOOKS George Hooks Senator, District 14 GEORGIA LAWS 2011 SESSION 4015 Sworn to and subscribed before me, this 1st day of February 2011. s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL) Approved May 12, 2011. __________ CITY OF SAVANNAH AND CHATHAM COUNTY SCHOOL SYSTEM BOARD OF EDUCATION; QUALIFICATIONS; TERMS. No. 179 (Senate Bill No. 129). 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, particularly by an Act approved May 28, 2010 (Ga. L. 2010, p. 3637), so as to remove certain qualifications for local board of education members; to restore terms of office for board members to four-year staggered terms; 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. 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, particularly by an Act approved May 28, 2010 (Ga. L. 2010, p. 3637), is amended by striking subsection (c) at the end of Section 2 which reads 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." 4016 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 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 or she was elected, such term expiring on December 31, 2010. At the general election in 2010, the president shall be elected pursuant to this Act and shall serve for a term of two years and until his or her successor is elected and qualified and shall take office on January 1, 2011. At the general election in 2012, the president shall be elected pursuant to this Act and shall serve for a term of two years and until his or her successor is elected and qualified and shall take office on January 1, 2013. At the general election in 2014 and every four years thereafter, the president shall be elected pursuant to this Act and shall serve for a term of four years and until his or her successor is elected and qualified and shall take office on January 1 immediately following his or her election. No president shall serve for more than eight consecutive years. (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, members of the board shall be elected from Education Districts 1, 2, 3, and 7 pursuant to this Act and shall serve for a term of two years and until their successors are elected and qualified and shall take office on January 1, 2011. At the general election in 2012 and every four 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 four 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, members of the board shall be elected from Education Districts 4, 5, 6, and 8 pursuant to this Act and shall serve for a term of two years and until their successors are elected and qualified and shall take office on January 1, 2013. At the general election in 2014 and every four 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 four 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 2011 SESSION 4017 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 2011 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, p. 2636), as amended, particularly by an Act approved May 28, 2010 (GA. L. 2010, p. 3637), so as to remove certain qualifications for local board of education members; to restore terms of office for board members to four-year staggered terms; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended and for other purposes. Senator Buddy Carter District 1 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Earl Carter, who on oath deposes and says that he is the Senator from District 1 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Savannah Morning News which is the official organ of Chatham County on February 11, and that the notice requirements of Code Section 28-1-14 have been met. s/ EARL CARTER Earl Carter Senator, District 1 Sworn to and subscribed before me, this 17th day of February 2011. s/ DEANA MOSHER DEANA MOSHER Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL) 4018 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II Approved May 12, 2011. __________ JASPER COUNTY MAGISTRATE COURT; CLERK; CLERK OF SUPERIOR COURT SERVES AS CLERK OF MAGISTRATE COURT; MANNER OF APPOINTMENT IF CLERK OF SUPERIOR COURT DOES NOT SERVE; COMPENSATION. No. 180 (Senate Bill No. 125). AN ACT To amend an Act to make provisions for the Magistrate Court of Jasper County, approved March 12, 1984 (Ga. L. 1984, p. 3785), as amended, so as to provide that the clerk of the Superior Court of Jasper County shall serve as the clerk of the magistrate court; to provide for the appointment of a clerk of the magistrate court in the event that the clerk of superior court chooses not serve as such clerk; to provide for the compensation of such clerk; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act to make provisions for the Magistrate Court of Jasper County, approved March 12, 1984 (Ga. L. 1984, p. 3785), as amended, is amended by adding a new section to read as follows: "SECTION 5A. The clerk of the Superior Court of Jasper County shall serve as the clerk of the Magistrate Court of Jasper County if such clerk of superior court consents to do so. In the event that the clerk of superior court does not consent to serve as clerk of the magistrate court, the judges of the Superior Courts of the Ocmulgee Judicial Circuit shall, by majority vote, select a person to serve as the clerk of the magistrate court. Compensation for such clerk shall be in accordance with the provisions of Code Sections 15-10-105 through 15-10-106 of the O.C.G.A." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. GEORGIA LAWS 2011 SESSION 4019 TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2011 session of the General Assembly of Georgia a bill to amend an Act to make provisions for the Magistrate Court of Jasper County, approved March 12, 1984 (Ga. L. 1984, p. 3785), as amended, so as to provide that the clerk of the Superior Court of Jasper County shall serve as the clerk of the magistrate court; to provide for the appointment of a clerk of the magistrate court in the event that the clerk of superior court chooses not serve as such clerk; to provide for the compensation of such clerk; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Johnny Grant District 25 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Johnny Grant, who on oath deposes and says that he is the Senator from District 25 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Monticello News which is the official organ of Jasper County on February 17, 2011, and that the notice requirements of Code Section 28-1-14 have been met. s/ JOHNNY GRANT Johnny Grant Senator, District 25 Sworn to and subscribed before me, this 22nd day of February 2011. s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL) Approved May 12, 2011. __________ 4020 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SUMTER COUNTY BOARD OF EDUCATION; MEMBERS; DISTRICTS, ELIGIBILITY, MANNER OF ELECTION, AND VACANCIES; CHAIRPERSON AND VICE CHAIRPERSON; COMPENSATION; APPOINTMENT OF SCHOOL SUPERINTENDENT. No. 184 (Senate Bill No. 154). AN ACT To revise and restate the law relating to the Sumter County board of education and school superintendent; to provide for a change in the number of members of the board and the districts from which they are elected; to provide for eligibility, manner of election, and filling of vacancies; to provide for a chairperson and vice chairperson; to provide for compensation; to provide for appointment of the school superintendent; to provide for submission of this Act for preclearance under the Voting Rights Act; to repeal a specific former Act and Acts amendatory thereto; 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 purpose of this Act is to revise and restate the law relating to the Sumter County board of education and school superintendent. Provisions relating to the school superintendent and the compensation of members of the board of education are restated from prior law without substantial change. The number of members of the board of education will be reduced from nine at the current time to seven for the year 2015 and future years. Over a phased schedule five members will be elected from the same districts from which members of the Sumter County board of commissioners are elected and according to the same schedule and two members of the board will be elected from Sumter County at large. SECTION 2. (a) The members of the Sumter County board of education in office on the effective date of this Act shall serve out the remainder of the terms for which they were elected, such terms expiring according to the following schedule: (1) The four current members representing Districts 1, 2, 4, and 6 are serving for terms expiring at the end of 2012; and (2) The five members representing Districts 3, 5, 7, 8, and 9 are serving for terms expiring at the end of 2014. GEORGIA LAWS 2011 SESSION 4021 (b) In the event of any vacancy in the term of office of one of the current board members referred to in this section, such vacancy shall be filled for the remainder of the unexpired terms in the manner provided by the law in effect prior to this Act. SECTION 3. (a) Each Sumter County Commissioner District provided for in an Act to create a board of commissioners of Roads and Revenues in the Counties of Floyd, Berrien, Effingham, Schley, Sumter, and Greene, approved December 13, 1871 (Ga. L. 1871, p. 665), as amended, particularly by an Act approved February 25, 1993 (Ga. L. 1993, p. 3831) shall also constitute a Sumter County School Board District. The five school board districts shall be numbered one to five in the same manner as the five commissioner districts. (b) At the general election in 2012 and quadrennially thereafter a total of four members of the board of education shall be elected as follows: three members elected from School Board Districts 1, 3, and 5 for terms of four years and one member shall be elected from Sumter County at large for a term of four years, leaving the size of the school board at nine members for the years 2013 and 2014. A quorum of the board shall be five members until January 1, 2015. (c) At the general election in 2014 and quadrennially thereafter a total of three members of the board of education shall be elected as follows: two members elected from School Board Districts 2 and 4 and one member elected from Sumter County at large, leaving the size of the school board at seven members for the year 2015 and all future years. A quorum of the board shall be four members on and after January 1, 2015. (d) The reference to county commissioner districts in this Act shall specifically incorporate any future changes in such county commissioner districts for so long as the Sumter County commission continues to be elected from five single member districts, with any changes in the county commissioner districts taking effect for the board of education at the same election at which they take effect for the board of commissioners. If at any time the Sumter County commission ceases to be elected from five single member districts, the most recent such districts shall remain in effect for election of the board of education until otherwise provided by law. SECTION 4. (a) No person shall be a member of the board of education if he or she is ineligible for such office pursuant to the provisions of Code Sections 20-2-51 or 45-2-1 or any other provision contained in the O.C.G.A. (b) In order to be elected as a member of the board from a commissioner district, a person must have resided in that district for at least six months prior to the date such person qualifies as a candidate for election from such district 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 district may vote for a member of the board from that district. At the time of qualifying for election as a member of the board from a district, each candidate for such office shall specify 4022 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II the district for which that person is a candidate. A person elected as a member of the board from a district must continue to reside in that district during that person's term of office or that office shall thereupon become vacant. SECTION 5. In the event a vacancy occurs in the membership of the board of education for any reason, such vacancy shall be filled as follows: (1) If the vacancy occurs more than 90 days prior to the date of a general election preceding the general election at which a successor would be elected to a new full term of office, then such vacancy shall be filled for the unexpired term of office at a special election to be held on the same date as said general election preceding the general election at which a successor would be elected to a new full term of office; and in this case the remaining members of the board of education shall, by majority vote, select a qualified person to fill the vacancy until the person elected at such special election takes office; and (2) If the vacancy does not occur more than 90 days prior to the date of a general election preceding the general election at which a successor would be elected for a new full term of office, then the remaining members of the board of education shall, by majority vote, select a qualified person to serve for the remainder of the unexpired term. The individual so selected must meet the residency requirements as specified in subsection (b) of this section. SECTION 6. Members of the board of education shall be elected in nonpartisan elections as authorized by Code Section 21-2-139 of the O.C.G.A. SECTION 7. At the first meeting of the board of education in January of each year, the board shall elect a chairperson and a vice chairperson, each of whom shall be eligible to succeed himself or herself. SECTION 8. Each member of the board of education shall be compensated in the amount of $200.00 per month. In addition, each member of the board shall be entitled to reimbursement for actual expenses necessarily incurred in connection with travel outside of the county on official business of the board of education, including, but not limited to, attending training sessions or state-wide meetings; provided, however, that such travel is authorized by a majority vote of the members of the board of education prior thereto. All expenses shall be approved and verified prior to reimbursement in such manner as may be specified by the board. Each board member shall be entitled to participate in any school district group insurance plan to the extent authorized in Code Section 20-2-55 of the O.C.G.A. GEORGIA LAWS 2011 SESSION 4023 SECTION 9. The board shall appoint a superintendent of the Sumter County School System as provided by Code Section 20-2-101 of the O.C.G.A. The superintendent shall possess the qualifications prescribed by the laws of this state for county school superintendents and shall be compensated in an amount to be determined by the board. The present superintendent shall remain in office until his or her successor is appointed. SECTION 10. The Sumter County board of education 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 11. An Act relating to the Sumter County board of education and school superintendent, approved February 29, 1968 (Ga. L. 1968, p. 3065), as amended, and the several Acts amendatory thereto are repealed in their entirety. SECTION 12. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2011 session of the General Assembly of Georgia a bill to revise and restate the law relating to the Sumter County board of education and school superintendent' to provide for a change in the number of members of the board and the districts from which they are elected; to provide for eligibility, manner of election, and filling of vacancies; to provide for a chairperson and vice chairperson; to provide for compensation; to provide for appointment of the school superintendent; to provide for submission of this Act for preclearance under the Voting Rights Act' to repeal a specific former Act and Acts amendatory thereto; to provide for related matters; to repeal conflicting laws; and for other purposes. Sumter County Board of Education 23562243 02/04/11 4024 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George Hooks, who on oath deposes and says that he is the Senator from District 14 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Americus Times-Recorder which is the official organ of Sumter County on February 4, 2011, and that the notice requirements of Code Section 28-1-14 have been met. s/ GEORGE HOOKS George Hooks Senator, District 14 Sworn to and subscribed before me, this 24th day of February 2011. s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL) Approved May 12, 2011. __________ CHATHAM COUNTY BOARD OF COMMISSIONERS; CHAIRPERSON; REMOVE TERM LIMITS; RESIDENCY REQUIREMENTS; REFERENDUM. No. 185 (Senate Bill No. 148). AN ACT To amend an Act completely revising the laws relative to the governing authority of Chatham County, approved March 29, 1984 (Ga. L. 1984, p. 5050), as amended, particularly by an Act approved March 30, 1990 (Ga. L. 1990, p. 3992), so as to remove the term limitations on the office of chairperson; to conform the residency requirement for chairperson to general law; to provide for related matters; to provide a referendum; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: GEORGIA LAWS 2011 SESSION 4025 SECTION 1. An Act completely revising the laws relative to the governing authority of Chatham County, approved March 29, 1984 (Ga. L. 1984, p. 5050), as amended, particularly by an Act approved March 30, 1990 (Ga. L. 1990, p. 3992), is amended by revising subsection (a) of Section 2 as follows: "(a) The chairperson shall be elected by a majority of the qualified electors of Chatham County voting from the county at large. In order to be eligible to offer for election to such office, a candidate shall have been a resident and qualified elector of Chatham County for at least 12 months prior to the general election at which such candidate offers for election; and a candidate shall be at least 25 years of age upon taking office. A candidate elected to the office of chairperson shall take office on the first business day of January immediately following his or her election and shall serve for a term of four years and until his or her successor is elected and qualified." SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Chatham County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Chatham County for approval or rejection. The election superintendent shall conduct that election on the Tuesday next following the first Monday in November, 2011, 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 Chatham County. The ballot shall have written or printed thereon the words: "( ) YES Shall the Act be approved which removes the term limitations on the office ( ) NO of chairperson of the Board of Commissioners of Chatham County?" All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect on January 1, 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 Chatham 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. 4026 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 2011 session of the General Assembly of Georgia a bill to amend an Act completely revising the laws relative to the governing authority of Chatham County, approved March 29, 1984 (GA. L. 1984, p. 5050), as amended, particularly by an Act approved March 30, 1990 (GA. L. 1990, p. 3992), so as to remove the term limitations of the office of chairperson; to conform the residency requirement for chairperson to general law; to provide for related matters; to provide a referendum; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes. Senator Buddy Carter District 1 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Earl Carter, who on oath deposes and says that he is the Senator from District 1 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Savannah Morning News which is the official organ of Chatham County on February 1, 2011, and that the notice requirements of Code Section 28-1-14 have been met. s/ EARL CARTER Earl Carter Senator, District 1 Sworn to and subscribed before me, this 23rd of February 2011. s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL) Approved May 12, 2011. __________ GEORGIA LAWS 2011 SESSION 4027 CITY OF SUWANEE MUNICIPAL ELECTED OFFICES; VACANCY UPON QUALIFYING FOR OTHER ELECTED OFFICES; EXCEPTIONS; MAJORITY VOTE. No. 202 (House Bill No. 410). AN ACT To amend an Act entitled "An Act to create a new charter for the City of Suwanee," approved April 9, 1999 (Ga. L. 1999, p. 3729), as amended, so as to provide that the term of any elected city official shall be declared vacant upon the occupant of such office qualifying for election to another office; to provide that municipal officers shall be elected by majority vote; to provide for applicability; 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. 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 Suwanee," approved April 9, 1999 (Ga. L. 1999, p. 3729), as amended, is amended by revising subsection (f) of Section 2.14 as follows: "(f) Political activities of certain elected officials, appointed 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. The office of any elected official shall be declared vacant upon such elected official qualifying in a general primary or general election, or special primary or special election, for another state, county, or municipal office or qualifying for the House of Representatives or the Senate of the United States if the term of the office for which such official is qualifying begins more than 30 days prior to the expiration of such official's present term of office." SECTION 2. Said Act is further amended by revising Section 5.11 as follows: SECTION 5.11. Election by majority. The person receiving a majority of the votes cast for any city office shall be elected. If no candidate receives a majority of the votes cast, a runoff election shall be held between the two candidates receiving the highest number of votes. The runoff election shall be held as provided by law. 4028 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 3. The governing authority of the City of Suwanee 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 4. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Pursuant to Article III, Section V, Paragraph IX of the Constitution of the State of Georgia of 1983 and O.C.G.A. 28-1-14, notice is given that there will be introduced at the regular 2011 session of the General Assembly of Georgia a bill to amend the City of Suwanee Charter, Ga. L. 1999, p. 3739 et seq, so as to change the election of a municipal office from a plurality to a majority of the votes cast; to clarify when an elected municipal office becomes vacant upon qualification for another office, to repeal conflicting laws; and for other purposes. This 31st day of January, 2011. CHANDLER, BRITT, JAY & BECK, LLC CITY ATTORNEY GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Brooks Coleman, who on oath deposes and says that he is the Representative from District 97 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily Post which is the official organ of Gwinnett County on February 3, 2011, and that the notice requirements of Code Section 28-1-14 have been met. s/ BROOKS COLEMAN Brooks Coleman Representative, District 97 GEORGIA LAWS 2011 SESSION 4029 Sworn to and subscribed before me, this 7th day of February 2011. s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL) Approved May 12, 2011. __________ FULTON COUNTY COMMUNITY IMPROVEMENT DISTRICTS; ADDITIONAL POWERS. No. 203 (House Bill No. 549). AN ACT To amend an Act creating one or more community improvement districts in unincorporated Fulton County and within each municipality therein, approved April 3, 1987 (Ga. L. 1987, p. 5460), as amended, so as to provide for an additional power of each district and its board; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating one or more community improvement districts in unincorporated Fulton County and within each municipality therein, approved April 3, 1987 (Ga. L. 1987, p. 5460), as amended, is amended in Section 10 by adding a new paragraph to read as follows: "(19) To create, provide, enhance, or supplement public services such as fire, police, and other such services as may be deemed necessary, provided that said services do not conflict with or duplicate existing Fulton County or municipal corporation services." 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 2011 session of the General Assembly of Georgia a bill to amend an Act creating one or more community improvement 4030 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II districts in unincorporated Fulton County and within each municipality therein, approved April 3, 1987 (Ga. L. 1987, p. 5460), as amended; and for other purposes. Kathy Ashe Representative, Kathy Ashe District 56 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kathy Ashe, who on oath deposes and says that she is the Representative from District 56 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 7, 2011, and that the notice requirements of Code Section 28-1-14 have been met. s/ KATHY ASHE Kathy Ashe Representative, District 56 Sworn to and subscribed before me, this 9th day of March 2011. s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL) Approved May 12, 2011. __________ JACKSON COUNTY CHIEF MAGISTRATE; JUDGE OF PROBATE COURT; NONPARTISAN ELECTIONS. No. 204 (House Bill No. 552). AN ACT To provide that future elections for the office of chief magistrate judge of the magistrate court of Jackson County and the probate judge of the probate court of Jackson County shall GEORGIA LAWS 2011 SESSION 4031 be nonpartisan elections; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. All elections for the office of chief magistrate judge of the magistrate court of Jackson County and for probate judge of the probate court of Jackson County conducted after January 1, 2012, shall be nonpartisan elections as provided for in Code Section 21-2-139 of the O.C.G.A. Such nonpartisan elections shall be held in conjunction with the November general election immediately preceding expiration of the term of office and conducted as provided in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." SECTION 2. Nothing in this Act shall affect the term of office of the chief magistrate judge of the magistrate court of Jackson County or the probate judge of the probate court of Jackson County in office on January 1, 2012. The sitting chief magistrate judge and probate judge shall serve out the terms of office for which they were elected and shall be eligible to succeed themselves as provided in this Act. SECTION 3. The governing authority of Jackson County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended, no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2011 session of the General Assembly a bill to provide for designation of the offices of Chief Magistrate Judge of Jackson County and the Probate Court Judge of Jackson County as non partisan; to repeal conflicting laws; and for other purposes. 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 4032 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 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 March 9, 2011, 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 11th day of March 2011. s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL) Approved May 12, 2011. __________ DODGE COUNTY CHIEF FINANCIAL OFFICER; APPOINTMENT; DUTIES. No. 205 (House Bill No. 562). AN ACT To repeal an Act entitled "An Act to abolish the office of Treasurer of Dodge County", approved August 16, 1920 (Ga. L. 1920), as amended; to provide that the county commission is authorized to appoint a chief financial officer and to designate his or her duties; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act entitled "An Act to abolish the office of Treasurer of Dodge County", approved August 16, 1920 (Ga. L. 1920), and all amendatory Acts thereto, are repealed. GEORGIA LAWS 2011 SESSION 4033 SECTION 2. The Board of Commissioners of Dodge County is authorized to appoint or employ a county chief financial officer and designate his or her duties. 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 2011 session of the General Assembly of Georgia a bill to repeal an Act entitled "An Act to abolish the office of Treasurer of Dodge County," approved August 16, 1920 (Ga. L. 1920), as amended; to provide that the county commission is authorized to appoint a chief financial officer and to designate his or her duties; and for other purposes. REPRESENTATIVE JIMMY PRUETT District 144 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jimmy Pruett, who on oath deposes and says that he is the Representative from District 144 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Dodge County News which is the official organ of Dodge County on March 2, 2011, and that the notice requirements of Code Section 28-1-14 have been met. s/ JIMMY PRUETT Jimmy Pruett Representative, District 144 4034 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II Sworn to and subscribed before me, this 10th day of March 2011. s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL) Approved May 12, 2011. __________ CITY OF ATLANTA HOTEL/MOTEL TAX. No. 206 (House Bill No. 563). AN ACT To approve and levy a certain 1 percent additional excise tax by and for the City of Atlanta as authorized by general law; to provide for conditions; to provide a conditional effective date; to provide for conditional automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. The 1 percent additional excise tax authorized by paragraph (7) of subsection (b) of Code Section 48-13-51 of the O.C.G.A., as enacted by HB 382 at the 2011 regular session of the General Assembly, is hereby approved and levied by and for the City of Atlanta subject to compliance with the provisions of said paragraph (7), and the additional amounts collected pursuant to said paragraph (7) shall be expended as required in said paragraph; provided, however, that the first 7 percent in excise tax levied under authority of paragraph (5) of subsection (a) of said Code section shall continue to be levied under said paragraph (5), and all amounts collected under said paragraph (5) shall be expended as required by that paragraph. SECTION 2. This Act shall become effective only if and when paragraph (7) of subsection (b) of Code Section 48-13-51 of the O.C.G.A., as enacted by HB 382 at the 2011 regular session of the General Assembly authorizing the 1 percent additional excise tax referenced in Section 1 of this Act, becomes effective in 2011; provided, however, that if HB 382 enacting said GEORGIA LAWS 2011 SESSION 4035 paragraph (7) and authorizing such additional 1 percent excise tax does not become effective in 2011, then this Act shall not become effective and shall stand repealed in its entirety on January 1, 2012. 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 2011 session of the General Assembly of Georgia a bill to approve and levy a certain 1 percent additional excise tax by and for the City of Atlanta as authorized by general law; and for other purposes. Rashad Taylor GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rashad Taylor, who on oath deposes and says that he is the Representative from District 55 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Daily Report which is the official organ of Fulton County on March 12, 2011, and that the notice requirements of Code Section 28-1-14 have been met. s/ RASHAD TAYLOR Rashad Taylor Representative, District 55 Sworn to and subscribed before me, this 14th day of March 2011. s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL) Approved May 12, 2011. __________ 4036 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II CITY OF NORCROSS CORPORATE LIMITS; REFERENDUM. No. 207 (House Bill No. 579). AN ACT To amend an Act creating a new charter for the City of Norcross, Georgia, approved March 28, 1990 (Ga. L. 1990, p. 4934), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 3729), so as to change the corporate limits of the City of Norcross; to provide for a referendum; to provide for preclearance under the federal Voting Rights Act of 1965; to provide for 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 creating a new charter for the City of Norcross, Georgia, approved March 28, 1990 (Ga. L. 1990, p. 4934), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 3729), is amended by adding at the end of Section 1.12 a new subsection (h) to read as follows: "(h) In addition to all other territory included within the corporate limits of said city, the corporate limits shall specifically include the following described property, all of which is located in Gwinnett County, Georgia: All that tract or parcel of land laying and being in land lots 214, 215, 216, 224, and 225 of the 6th Land District of Gwinnett County, Georgia, which tract is more particularly described as follows. Beginning at a point located at the intersection of the westerly right-of-way of Jimmy Carter Boulevard and the southerly right-of-way of Interstate 85, said point being the POINT OF BEGINNING; Thence in a northwesterly direction along the westerly right-of-way line of Jimmy Carter Boulevard to point at the intersection of said right-of-way and the eastern most property corner of 5900 Jimmy Carter Boulevard; Thence leaving said westerly right-of-way in northeasterly direction to a point at the intersection of the easterly right-of-way line of Jimmy Carter Boulevard and the Existing City of Norcross, Georgia City Limits Line; Thence in a northeasterly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a northwesterly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a southwesterly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a northwesterly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a northeasterly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a northwesterly direction along the Existing City of Norcross, GEORGIA LAWS 2011 SESSION 4037 Georgia City Limits Line to a point; Thence in a northerly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a northeasterly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a northwesterly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a westerly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a northwesterly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a easterly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a northeasterly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a southeasterly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a easterly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a northwesterly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a easterly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a northwesterly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a northeasterly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a southeasterly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a easterly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a southeasterly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a southwesterly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a westerly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a southeasterly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a northeasterly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a southeasterly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a southeasterly direction to the intersection of the southerly right-of-way of Interstate 85 and the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a southwesterly direction and Departing from the Existing City of Norcross, Georgia City Limits along the southerly right-of-way of Interstate 85 to the Point of Beginning. 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 the territory sought to be annexed into the City of Norcross under this Act for approval or rejection. The election superintendent shall conduct that election on the Tuesday after the first Monday in November in 2011 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 4038 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 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 land into the City of ( ) NO Norcross?" 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, 2012. 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 Norcross. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State. SECTION 3. The governing authority of the City of 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 otherwise becomes law without such approval. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2011 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Norcross, Georgia approved March 28, 1990 (Ga. L. 1990, p. 4934), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 3729), so as to change the corporate limits of the City of Norcross; to provide for a referendum; to provide for preclearance under the federal Voting Rights Act of 1965; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes. -s- Honorable Pedro Marin Representative, District 96 GEORGIA LAWS 2011 SESSION 4039 A BILL TO BE ENTITLED AN ACT To amend an Act creating a new charter for the City of Norcross, Georgia, approved March 28, 1990 (Ga. L. 1990, p. 4934), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 3729), so as to change the corporate limits of the City of Norcross; to provide for a referendum; to provide for preclearance under the federal Voting Rights Act of 1965; to provide for 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 creating a new charter for the City of Norcross, Georgia, approved March 28, 1990 (Ga. L. 1990, p. 4934), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 3729), is amended by adding at the end of Section 1.12 a new subsection (h) to read as follows: "(h) In addition to all other territory included within the corporate limits of said city, the corporate limits shall specifically include the following described property, all of which is located in Gwinnett County, Georgia: All that tract or parcel of land laying and being in land lots 214, 215, 216, 224, and 225 of the 6th Land District of Gwinnett County, Georgia, which tract is more particularly described as follows. Beginning at a point located at the intersection of the westerly right-of-way of Jimmy Carter Boulevard and the southerly right-of-way of Interstate 85, said point being the POINT OF BEGINNING; Thence in a northwesterly direction along the westerly right-of-way line of Jimmy Carter Boulevard to point at the intersection of said right-of-way and the eastern most property corner of 5900 Jimmy Carter Boulevard; Thence leaving said westerly right-of-way in northeasterly direction to a point at the intersection of the easterly right-of-way line of Jimmy Carter Boulevard and the Existing City of Norcross, Georgia City Limits Line; Thence in a northeasterly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a northwesterly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a southwesterly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a northwesterly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a northeasterly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a northwesterly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a northerly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a northeasterly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a northwesterly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a westerly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a northwesterly direction along the Existing City of Norcross, Georgia City Limits 4040 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II Line to a point; Thence in a easterly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a northeasterly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a southeasterly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a easterly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a northwesterly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a easterly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a northwesterly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a northeasterly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a southeasterly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a easterly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a southeasterly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a southwesterly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a westerly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a southeasterly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a northeasterly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a southeasterly direction along the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a southeasterly direction to the intersection of the southerly right-of-way of Interstate 85 and the Existing City of Norcross, Georgia City Limits Line to a point; Thence in a southwesterly direction and Departing from the Existing City of Norcross, Georgia City Limits along the southerly right-of-way of Interstate 85 to the Point of Beginning. 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 the territory sought to be annexed into the City of Norcross under this Act for approval or rejection. The election superintendent shall conduct that election on the Tuesday after the first Monday in November in 2011 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 Gwinnett 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 Norcross?" ( ) NO 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, 2012. If more than one-half of the votes cast on such question are for GEORGIA LAWS 2011 SESSION 4041 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 Norcross. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State. SECTION 3. The governing authority of the City of 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 otherwise becomes law without such approval. SECTION 5. 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, 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 4, 2011, 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 16th day of March 2011. s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL) 4042 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II Approved May 12, 2011. __________ CITY OF POULAN MAYOR AND COUNCIL; TERMS OF OFFICE. No. 208 (House Bill No. 622). AN ACT To amend an Act creating a new charter for the City of Poulan, approved April 10, 1998 (Ga. L. 1998, p. 4367), as amended, so as to change the terms of office of the mayor and councilmembers; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating a new charter for the City of Poulan, approved April 10, 1998 (Ga. L. 1998, p. 4367), as amended, is amended by revising Section 2.11 as follows: "SECTION 2.11. City councilmembers; terms and qualifications for office. The mayor and the members of the city council shall serve for terms of four years except as temporarily otherwise specified in Section 5.11 of this charter and shall serve 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 six months prior to the date of the election of mayor or members of the city council. The mayor and each councilmember shall continue to reside in the city during such person's period of service and to be registered and qualified to vote in municipal elections of the city." SECTION 2. Said Act is further amended by revising 2.27 as follows: "SECTION 2.27. Election of mayor; forfeiture; compensation. The mayor shall be elected and serve for a term of four years and until the mayor's successor is elected and qualified. The mayor shall be a qualified elector of this city and shall have been a resident of the city for six months immediately preceding the mayor's GEORGIA LAWS 2011 SESSION 4043 election. The mayor shall continue to reside in the city during the period of the mayor's service. The mayor shall forfeit that office on the same grounds and under the same procedure as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers." SECTION 3. Said Act is further amended by revising Section 5.11 as follows: "SECTION 5.11. Regular elections; time for holding. (a) On the Tuesday next following the first Monday in November of 2011 and every four years thereafter, the mayor and the successors to the councilmembers representing Posts 1, 2, and 3 shall be elected and shall serve for terms of office of four years and until their respective successors are elected and qualified and shall take office on the first day of January immediately following their election. (b) On the Tuesday next following the first Monday in November of 2012, the successors to the councilmembers representing Posts 4 and 5 shall be elected and shall each serve a one-year term of office and until their respective successors are elected and qualified and shall take office on the first day of January immediately following their election. On the Tuesday next following the first Monday in November of 2013, the successors to the councilmembers representing Posts 4 and 5 shall be elected and shall serve for terms of office of four years and until their respective successors are elected and qualified and shall take office on the first day of January immediately following their election. (c) Thereafter on the Tuesday next following the first Monday in November of the last year of the terms of the mayor and each of the councilmembers, an election shall be held to elect their successors, each of whom shall serve for a term of four years and until their successors have been elected and qualified." 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 in the regular 2011 session of the General Assembly of Georgia a bill to amend the charter of the City of Poulan to provide for four-year terms for Mayor and City Council Members and for other purposes. 4044 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ed Rynders, who on oath deposes and says that he is the Representative from District 152 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Sylvester Local News which is the official organ of Worth County on March 22, 2011, and that the notice requirements of Code Section 28-1-14 have been met. s/ ED RYNDERS Ed Rynders Representative, District 152 Sworn to and subscribed before me, this 29th day of March 2011. s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL) Approved May 12, 2011. __________ CITY OF BUFORD HOTEL/MOTEL TAX. No. 209 (House Bill No. 623). AN ACT To authorize the governing authority of the City of Buford 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. The City of Buford adopted Resolution No. 08-09 on January 3, 2011, requesting that, pursuant to the requirements of subsection (b) of Code Section 48-13-51of the O.C.G.A., the GEORGIA LAWS 2011 SESSION 4045 General Assembly enact a local Act pursuant to such Code section authorizing the levy of an excise tax on hotels, motels, and related entities, as defined in such Code section, in the amount of 7 percent, 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 Buford 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 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 Buford; provided, however, that the City of Buford 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 exceed 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 Pursuant to Article III, Section V, Paragraph IX of the Constitution of the State of Georgia of 1983 and O.C.G.A. 28-1-14, notice is given that there will be introduced at the regular 2011 session of the General Assembly of Georgia a bill to allow the City of Buford to levy an excise tax on lodging pursuant to O.C.G.A. 48-13-51(b); to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. 4046 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II This 3rd day of January, 2011. CHANDLER, BRITT, JAY & BECK, LLC CITY ATTORNEY GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Josh Clark, who on oath deposes and says that he is the Representative from District 98 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily Post which is the official organ of Gwinnett County on January 6, 2011, and that the notice requirements of Code Section 28-1-14 have been met. s/ JOSH CLARK Josh Clark Representative, District 98 Sworn to and subscribed before me, this 29th day of March 2011. s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL) Approved May 12, 2011. __________ HALL COUNTY HALL COUNTY FAMILY CONNECTION NETWORK; CREATION. No. 210 (House Bill No. 629). AN ACT To create the Hall County Family Connection Network; to provide for a short title; to provide for findings and determinations; to provide for definitions; to provide for the creation of the network; to provide for the membership of the network; to provide for the organization and meetings of the network; to provide for the purposes for which the network is created; to GEORGIA LAWS 2011 SESSION 4047 provide the powers and duties of the network; to provide that the members of the network shall be trustees; to provide for certain exemptions from taxation, levy and sale, garnishment, and attachment; to provide for the court in which actions against the network may be brought; to provide for construction; 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. Short title. This Act shall be known and may be cited as the "Hall County Family Connection Network Act." SECTION 2. Findings. (a) It is found, determined, and declared that many of the children, youth, and families in the Hall County community are facing or experiencing serious and discouraging problems which include, but are not limited to: (1) Dropping out of school before graduation; (2) Failing in school or failing to progress in school at a satisfactory rate; (3) Teen pregnancy and motherhood; (4) Child abuse and neglect; (5) Drug use and juvenile delinquency; (6) Problems associated with idleness and unemployment for youth ages 16 to 19 years; and (7) Severe economic hardship in their families. (b) It is further found and determined that public and private agencies and institutions are less effective in mitigating the effects of these conditions on children, youth, and families or keeping them free of these conditions because their programs are not coordinated, evaluated, and administered in a systematic manner under a single comprehensive plan to deal with these conditions. (c) It is further found and determined that the citizens of the Hall County community are deeply concerned about children, youth, and families in the community experiencing these conditions and desire comprehensive and effective community efforts to prevent or mitigate these conditions in children, youth, and families. (d) It is further found that the citizens of Hall County desire to work in partnership with the state to comprehensively address these conditions. (e) Because of the findings and determinations described in subsections (a) through (d) of this section, it is further found that there is a need for the creation of a public network to 4048 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II develop a comprehensive plan for public and private agencies in the Hall County community to deal more effectively with the children, youth, and families in the community exposed to or experiencing the conditions listed in subsection (a) of this section to the end that such youth will be eligible for gainful employment when they reach maturity, will be law-abiding and productive adults, and will have a happy future that develops and utilizes their talents and abilities to the fullest extent possible. (f) It is further found that such a public network should cooperate with and assist public and private agencies in implementing and carrying out such comprehensive plan and in providing oversight, evaluation, and coordination of the various programs and activities of such comprehensive plan and that such public network should exercise additional powers and duties as provided in this Act in connection with the development, implementation, and carrying out of such plan. (g) It is further found, declared, and determined that the creation of the public network provided for in this Act and the carrying out of its corporate purposes are in all respects valid, charitable, and public purposes within the provisions of the Constitution of Georgia in that developing more effective methods, programs, and services to deal with the problems of the children, youth, and families of the Hall County community is of vital importance to the Hall County community. SECTION 3. Definitions. Unless the context clearly requires otherwise, as used in this Act, the term: (1) "Collaborating council" means a group of community organizations that affect the quality of life of children, youth, and families in Hall County. (2) "Collaborative" means an arrangement under which all of the agencies, institutions, and organizations in a community whose actions or inactions can affect the well-being of children, youth, and families agree and commit themselves: (A) To a vision of successful outcomes for children, youth, and families; (B) To setting goals for success for children, youth, and families; (C) To objectives to achieve these goals; (D) To strategies to achieve these objectives; (E) To carry out the components of the strategies agreed upon in a comprehensive plan for serving the well-being of children, youth, and families; (F) To allocate or redirect funds where applicable and possible and with written consent from the affected agencies to cover the cost of implementing the strategy components assigned to them by the comprehensive plan for serving children, youth, and families; (G) To be individually and collectively responsible for the success or failure of these strategies; (H) To coordinate and integrate their work and share information with each other; (I) To identify and eliminate among themselves duplication of programs and services; GEORGIA LAWS 2011 SESSION 4049 (J) To eliminate competition for funding and recognition; (K) To report their successes and failures in achieving the results expected from their programs objectively and completely; and (L) To adopt and carry out comprehensive and integrated annual work programs and budgets to serve children, youth, and families. (3) "Community partnership" means a community partnership that meets the collaborative goals of the Georgia Family Connection Partnership. (4) "Comprehensive plan" means a plan that establishes a vision of goals for children, youth, and families; measures the extent to which they fall short in meeting these goals; identifies the conditions that must be changed to help them meet these goals; specifies a coordinated and integrated system of strategies for changing these conditions and a budget to carry them out; specifies the means of implementing these strategies; and specifies the means of managing and evaluating their performance and measuring their effectiveness in achieving the goals and objectives which have been established. (5) "County" means Hall County. (6) "Network" means the Hall County Family Connection Network. (7) "Public agency" means the Board of Commissioners of Hall County, the governing body of any municipality in the county, the Board of Education of Hall County, and any agency, board, commission, or department of the State of Georgia. SECTION 4. Hall County Family Connection Network. (a) There is created a body corporate and politic to be known as the Hall County Family Connection Network which shall be deemed to be an instrumentality of the state, a public corporation, and a public authority, and by that name, style, and title may contract and be contracted with, sue in all courts, and be sued in the Superior Court of Hall County, as provided in Section 13 of this Act. The network shall have all the rights afforded to the state by virtue of the Constitution of the United States, and nothing in this Act shall constitute a waiver if any such rights. The network shall have perpetual existence. (b) The network shall not be deemed to be a political subdivision of the state or an agency of the state. SECTION 5. Membership. (a) The network shall be composed of no more than 28 members which shall consist of 13 position members and up to 15 community members. (1) Position members: The position members shall be as follows: (A) One shall be the chief elected member of the governing board of Hall County; 4050 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II (B) One shall be the chief elected member of the governing board of the largest municipality within Hall County (Gainesville); (C) One shall be the superintendent of the Hall County School System; (D) One shall be the superintendent of the Gainesville City School System; (E) One shall be the medical director, Division of Public Health, District 2; (F) One shall be the chief executive officer of Avita Community Partners; (G) One shall be the director of the Hall County Department of Family and Children Services; (H) One shall be the program manager of the Department of Juvenile Justice, Hall County office; (I) One shall be the judge of the Hall County Juvenile Court; (J) One shall be the sheriff of Hall County; (K) One shall be the chief of police of the City of Gainesville; (L) One shall be the district attorney for the Northeastern Judicial Circuit; and (M) One shall be the director of the Community Service Center. (2) Community members: The community members may be as follows: (A) One member appointed by the board of the Chamber of Commerce; (B) One member appointed by the board of the United Way of Hall County; (C) One member appointed by the board of the Hall County Ninth District Opportunity; (D) One member appointed by the board of the Northeast Georgia Medical Center; (E) One member from the higher education institutions in the county, to be appointed by the network executive committee; (F) One member from the business community, to be appointed by the network executive committee; (G) Three members from advocates for children and families in the county, to be appointed by the network executive committee; and (H) Up to six members appointed by the network executive committee from at least four of the following entities: private nonprofit agencies, civic organizations, the faith community, economically and socially distressed neighborhoods, public or nonprofit community service providers, and parents heading economically and/or socially distressed families in the county. (b) The criteria for the qualifications of community members shall include, but not be limited to, experience with the problems and needs of children, youth, and families; experience with service delivery to children, youth, and families; a willingness to interact, cooperate, and compromise; and a deep commitment to solving the needs of children, youth, and families as the first priority in the work of the network. (c) All community member appointees shall serve a three-year term. (d) If a community member misses three consecutive meetings, the appointing body shall be asked to review the appointment and to make a change in appointment, if necessary. Any community member position that becomes vacant for any reason will require a new GEORGIA LAWS 2011 SESSION 4051 appointment for the remainder of the term. The appointment process will be provided in subsection (a) of this section. (e) Position members shall serve on the network for the terms of the elected offices which they hold and shall be replaced on the network by their successors in these offices. (f) Members of the network shall receive no compensation for serving on the network but may be reimbursed for actual and necessary expenses incurred by them in carrying out their official duties. SECTION 6. Organization; meetings. (a) The organizational meeting of the network shall be called by the chairperson of the Board of Commissioners of Hall County after all appointments to the network have been made. At the organizational meeting, the network shall elect from among its community members a chairperson, vice chairperson, secretary, and treasurer. The terms of office of such officers and all other matters relating to the organization and rules of procedure of the network shall be as determined by the network, except as otherwise provided by subsections (b) and (c) of this section. (b) Thirteen members of the network shall constitute a quorum for the transaction of business. The powers and duties of the network shall be transacted, exercised, and performed only pursuant to the affirmative vote of at least a majority of a quorum. An abstention in voting shall be considered as that member's voting in the negative on the matter before the network. (c) The network shall meet not less than four times each calendar year and at other times on the call of the chairperson of the network. In the absence of the chairperson, the vice chairperson may call a meeting of the network and preside at meetings thereof. In the absence of the chairperson and vice chairperson, the secretary or treasurer may call a meeting of the network and preside at meetings thereof. The chairperson or other officer of the network authorized to call a meeting of the network shall call other meetings upon a written request made by eight or more members of the network. (d) The network shall prepare and submit to the appointing bodies listed in subsection (a) of Section 5 of this Act at the end of each fiscal year or calendar year of the network, as appropriate, an annual report outlining the work of the network and the results achieved thereby, an annual report of the state of the children, youth, and families in the community, and an independent audit of income and expenditure prepared in accordance with the requirements of Section 10 of this Act. (e) The executive committee shall be comprised of officers and committee chairs. 4052 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 7. Purposes. The network is created for the following purposes: (1) To develop and adopt a vision of success for children, youth, and families in the community; (2) To develop and adopt, and from time to time amend, a comprehensive plan for the Hall County community to deal effectively with the problems experienced by children, youth, and families in that community in order to achieve the goals set in paragraph (1) of this section; (3) To develop and facilitate collaboration, coordination of services, and data integration among the public and private agencies, institutions, and organizations whose actions or inactions can affect the content and effectiveness of the comprehensive plan; (4) To coordinate, evaluate, and manage the implementation and carrying out of the comprehensive plan developed by the network under paragraph (2) of this section and to provide administrative services and assistance in implementing and carrying out this plan; (5) To contract or recommend and promote contracts with public and private agencies to provide programs and services to carry out the provisions of the comprehensive plan developed under paragraph (2) of this section and for the purposes of paragraph (3) of this section; (6) To facilitate by contract and collaboration the integration and coordination of programs and services by public and private agencies to carry out the provisions of the comprehensive plan; (7) To be an advocate for the well-being of children, youth, and families in the Hall County community; (8) To serve as a review and recommending body to local governments on policies proposed by public agencies and institutions that relate to the well-being of children, youth, and families; (9) To allocate or redistribute funds from one agency to another only with written consent of the Hall County Board of Commissioners and the Gainesville City Council; and (10) To seek to avoid duplication of funding and service delivery and to provide funding and service equity consistent with the purposes of Chapter 70 of Title 36 of the O.C.G.A. SECTION 8. Powers to provide services. To the extent that services and programs for children, youth, and families needed to carry out the provisions of the comprehensive plan developed by the network under paragraph (3) of Section 7 of this Act are not available or cannot be obtained by contract from public and private agencies, the network shall have the power to provide such services and programs when necessary and desirable to achieve the goals and objectives of the comprehensive plan. GEORGIA LAWS 2011 SESSION 4053 In all such instances, the network shall seek to facilitate and expedite the transfer of responsibility for providing such services or programs to public or private agencies. SECTION 9. Powers and duties. In addition to any other powers and duties provided for by this Act and in order for the network to carry out its purposes as described in this Act, the network shall have the following powers and duties: (1) To have a seal and alter the same at its pleasure; (2) To acquire, hold, and dispose of in its own name by purchase, gift, lease, or exchange, on such terms and conditions and in such manner and by such instrument as it may deem proper, real and personal property of every kind, character, and description, but the network shall not have the power to acquire any real or personal property by condemnation or eminent domain; (3) To procure insurance against loss in connection with its property and other assets of the network; (4) To exercise the power provided by Code Section 45-9-1 of the O.C.G.A. to procure policies of liability insurance or contracts on indemnity or to formulate sound programs for self-insurance to insure or indemnify members of the network and its officers and employees against personal liability or damages arising out of the performance of their duties or in any way connected therewith to the extent that such members, officers, or employees are not immune from much liability; (5) To make contracts and to execute all instruments necessary or convenient in connection therewith; (6) To adopt, alter, or repeal its own bylaws, rules, and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the network may deem necessary or expedient in facilitating its business; (7) To receive, accept, and utilize gifts, grants, donations, or contributions of money, property, facilities, or services with or without consideration, from any person, firm, corporation, foundation, or other entity or from the State of Georgia or any agency, instrumentality, or political subdivision thereof or from the United States or any agency or instrumentality thereof; (8) To the extent that a contract between the network and a public or private agency provides therefor, to act as an agent of such public or private agency in any matter coming within the purposes or powers of the network; (9) To select, appoint, and employ professional, administrative, clerical, or other personnel and to contract for professional or other services and to allow suitable compensation for such personnel and services; (10) To do all things necessary and convenient to carry out the powers and purposes of the network which are expressly provided for in this Act; and 4054 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II (11) To keep suitable and proper books and records of all receipts, income, and expenditures of every kind and obtain an annual independent audit of income and expenditures. SECTION 10. Members as trustees. The members of the network shall be trustees and shall be accountable in all respects to manage the funds and expenditures and direct the policies of the network. SECTION 11. Charitable and public functions. Because the network will be performing valuable and charitable and public functions and purposes in the exercise of the powers conferred upon it, the network shall not be required to pay taxes or assessments by the state or by any county, municipality, authority, or political subdivision of the state upon any real or personal property acquired by it or upon its activities in the operation or maintenance of any facility maintained or acquired by it or upon any income received by the network. The said property, facilities, and income of the authority shall be exempt from levy and sale, garnishment, and attachment. SECTION 12. Federal taxation exemption. The network shall apply to the federal Internal Revenue Service for exemption from federal taxation pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986. SECTION 13. Actions. Any action brought against the network shall be brought in the Superior Court of Hall County, and such court shall have exclusive original jurisdiction of such action. SECTION 14. Liberal construction. Being for the welfare of the state and its inhabitants, this Act shall be liberally construed to effect the purposes of this Act. GEORGIA LAWS 2011 SESSION 4055 SECTION 15. Effective date. This Act shall become effective on July 1, 2011. SECTION 16. Repealer. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2011 session of the General Assembly of Georgia a bill to create the Hall County Family Connection Network; to provide for a short title; to provide for findings and determinations; to provide for definitions; to provide for the creation of the network; to provide for the membership of the network; to provide for the organization and meetings of the network; to provide for the purposes for which the network is created; to provide the powers and duties of the network; to provide that the members of the network shall be trustees; to provide for certain exemptions from taxation, levy and sale, garnishment, and attachment; to provide for the court in which actions against the network may be brought; to provide for construction; to provide for related matters; to provide an effective date; and for other purposes. Representative Doug Collins District 27 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Doug Collins, who on oath deposes and says that he is the Representative from District 27 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Times which is the official organ of Hall County on March 24, 2011, and that the notice requirements of Code Section 28-1-14 have been met. s/ DOUG COLLINS Doug Collins Representative, District 27 4056 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II Sworn to and subscribed before me, this 29th day of March 2011. s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL) Approved May 12, 2011. __________ CITY OF BYRON CORPORATE LIMITS. No. 211 (House Bill No. 631). 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, 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: SECTION 1. An Act providing a new charter for the City of Byron, approved February 13, 1941 (Ga. L. 1941, p. 1210), as amended, is amended by adding at the end of Section 2.1 the following: "That portion of the right-of-way of Houser's Mill Road lying Northerly of the North Intersection of the West end of the road leading from Houser's Mill Road to the property of the City of Fort Valley Utilities Department upon which is located an elevated water tower; thence the entire right-of-way proceeding north to the 247 Connector." SECTION 2. This Act shall become effective if and when an Act providing for the deannexation from the City of Fort Valley the territory described in Section 1 of this Act becomes effective on July 1, 2011. If an Act providing for such deannexation does not become effective on July 1, 2011, then this Act shall not become effective and shall stand repealed on July 1, 2011. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. GEORGIA LAWS 2011 SESSION 4057 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2011 session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Byron, approved February 13, 1941, (Ga.L.1941, p.1210), as amended, so as to change the corporate limits of the City of Byron; and for other purposes. Representative Robert Dickey District 136 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert Dickey, who on oath deposes and says that he is the Representative from 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 23, 2011, and that the notice requirements of Code Section 28-1-14 have been met. s/ ROBERT DICKEY Robert Dickey Representative, District 136 Sworn to and subscribed before me, this 30th day of March 2011. s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL) Approved May 12, 2011. __________ 4058 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II CITY OF SUMMERVILLE NEW CHARTER. No. 213 (Senate Bill No. 237). AN ACT To provide a new charter for the City of Summerville; to provide for incorporation, boundaries, and powers of the municipality; to provide for a governing authority of such municipality 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 municipal attorney, a municipal 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 appeal; 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 municipal 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. 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 Summerville, Georgia, and by that name shall have perpetual succession. GEORGIA LAWS 2011 SESSION 4059 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 of Summerville to be designated, as the case may be: "Official Map of the corporate limits of the City of Summerville, 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. 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, fire safety, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades; 4060 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II (d) Business Regulation and Taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the Official Code of Georgia Annotated or other such applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees; (e) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the Official Code of Georgia Annotated or such other applicable laws as are or may hereafter be enacted; (f) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (g) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or without the city, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (h) Environmental Protection. To protect and preserve the natural resources, environment, and vital areas of the city, the region, and the state through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of stormwater and establishment of a stormwater utility, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (i) Fire Regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (j) Garbage Fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (k) General Health, Safety, and Welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city, and to provide for the enforcement of such standards; (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 GEORGIA LAWS 2011 SESSION 4061 property in the city, to provide for commitment of such persons to any jail, to provide for the use of pretrial diversion and any alternative sentencing allowed by law, or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (o) Motor Vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city; (p) Municipal Agencies and Delegation of Power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (q) Municipal Debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (r) Municipal Property Ownership. To acquire, dispose of, lease, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (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, stormwater management, gas works, electric light plants, cable television and other telecommunications, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties, and to provide for the withdrawal of service for refusal or failure to pay the same; (u) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (v) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (w) Planning and Zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community; (x) Police and Fire Protection. To exercise the power of arrest through duly appointed police officers, and to establish, operate, or contract for a police and a firefighting agency; (y) Public Hazards: Removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (z) Public Improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, 4062 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 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 Official Code of Georgia Annotated or such other applicable laws as are or may hereafter be enacted; (aa) Public Peace. To provide for the prevention and punishment of loitering, disorderly conduct, drunkenness, riots, and public disturbances; (bb) Public Transportation. To organize and operate such public transportation systems as are deemed beneficial; (cc) Public Utilities and Services. To grant franchises or make contracts for or impose taxes on public utilities and public service companies; and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission; (dd) Regulation of Roadside Areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (ee) Retirement. To provide and maintain a retirement plan and other employee benefit plans and programs for officers and employees of the city; (ff) Roadways. To lay out, open, extend, widen, narrow, establish, or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; 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 and the manufacture and sale of intoxicating liquors; to regulate the transportation, storage, and use GEORGIA LAWS 2011 SESSION 4063 of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; to license and tax professional fortunetelling, palmistry, and massage parlors; and to restrict adult bookstores to certain areas; (jj) Special Assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (kk) Taxes: Ad Valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (ll) Taxes: Other. To levy and collect such other taxes as may be allowed now or in the future by law; (mm) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (nn) Urban Redevelopment. To organize and operate an urban redevelopment program; and (oo) Other Powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; 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. 4064 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II ARTICLE II GOVERNMENT STRUCTURE SECTION 2.10. City Council Creation; 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 five councilmembers. The city council established shall in all respects be a successor to and continuation of the governing authority under prior law. The mayor and councilmembers shall be elected in the manner provided by general law and this charter. (b) The council shall be composed of five members elected by the voters of the city at large in accordance with provisions of Article V of this charter. The mayor shall be elected as provided in Section 2.32 of this charter. SECTION 2.11. City Council Terms and Qualifications for Office. The mayor and members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the city for 12 months prior to the date of election of mayor or members of the council; each shall continue to reside therein during that member's period of service and to be registered and qualified to vote in municipal elections of this city. No employee of the City of Summerville shall be eligible for office unless such employee shall have been removed from such employment with the City of Summerville in excess of one year. SECTION 2.12. Vacancy; Filling of Vacancies. (a) Vacancies - The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or occurrence of any event specified by the Constitution of the State of Georgia, Title 45 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted. (b) Filling of Vacancies - A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, by appointment by the city council or those members remaining if less than 12 months remains 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 Official Code of Georgia Annotated or other such laws as are or may hereafter be enacted. (c) Suspension - Upon the suspension from office of mayor or councilmember in any manner authorized by the general laws of the State of Georgia, the city council or those remaining shall appoint a successor for the duration of the suspension. If the suspension GEORGIA LAWS 2011 SESSION 4065 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. Holding Other Office; Voting When Financially Interested. (a) Elected and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. (b) Except as authorized by law, the mayor or any councilmember shall not hold any other city office or city employment during the term for which that person was elected. No employee of the City of Summerville shall be eligible for office unless such employee shall have been removed from such employment with the City of Summerville in excess of one year. (c) Neither the mayor nor any member of the city council shall vote upon, sign, or veto any ordinance, resolution, contract, or other matter in which that person is financially interested. SECTION 2.15. Inquiries and Investigations. Following the adoption of an authorizing resolution, the mayor and 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. (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 city council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules, and regulations, not inconsistent with this charter and the Constitution and the laws of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order, 4066 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of the City of Summerville and may enforce such ordinances by imposing penalties for violation thereof. SECTION 2.17. Eminent Domain. The city council is hereby empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities and any other public improvements inside or outside the city, and to regulate the use thereof, and for such purposes property may be condemned under procedures established under general law applicable now or as provided in the future. SECTION 2.18. Organizational Meetings. The city council shall hold an organizational meeting on the second Monday in January at 5:00 P.M. The meeting shall be called to order by the mayor or senior councilmember, and the oath of office shall be administered to the newly elected members by a judicial officer authorized to administer oaths and shall, to the extent that it comports with federal and state law, be as follows: "I do solemnly (swear)(affirm) that I will faithfully perform the duties of (mayor)(councilmember) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof. I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I by the laws of the State of Georgia am prohibited from holding. I am otherwise qualified to hold said office according to the Constitution and laws of Georgia. I have been a resident of the City of Summerville for the time required by the Constitution and laws of this state and by the municipal charter. I will perform the duties of my office in the best interest of the City of Summerville to the best of my ability without fear, favor, affection, reward, or expectation thereof." GEORGIA LAWS 2011 SESSION 4067 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 councilmembers 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 Official Code of Georgia Annotated or other such applicable laws as are or may hereafter be enacted. SECTION 2.20. Rules of Procedure. (a) The city council shall adopt 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 shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time. SECTION 2.21. Quorum: Voting. (a) A quorum is the number of members of the governing body that must be in attendance for official business to be conducted. (b) 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. 4068 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II (c) 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. SECTION 2.22. 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 Summerville" and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided in Section 2.24 of this charter. Upon introduction of any ordinance, the city 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 shall not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and a description of the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or GEORGIA LAWS 2011 SESSION 4069 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. 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 2.22(b) of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the city clerk pursuant to Section 2.26 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the city clerk for inspection by the public. SECTION 2.26. Signing; Authenticating; Recording; Codification; Printing. (a) The city clerk shall authenticate by the city clerk's signature and record in full in a 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 Summerville, 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 4070 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code. SECTION 2.27. City Manager; Appointment; Qualifications; Compensation. The city council shall appoint a city manager for an indefinite term and shall fix the city manager's compensation. The city manager shall be appointed solely on the basis of executive and administrative qualifications. SECTION 2.28. Removal of City Manager. (a) The city council may remove the city manager from office in accordance with the following procedures: (1) The city council shall adopt by affirmative vote of a majority of all its members a preliminary resolution which must state the reasons for removal and may suspend the city manager from duty for a period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the city manager; (2) Within five days after a copy of the resolution is delivered to the city manager, the city manager may file with the city clerk a written request for a public hearing. This hearing shall be held within 30 days after the request is filed. The city manager may file with the city clerk a written reply not later than five days before the hearing; and (3) If the city manager has not requested a public hearing within the time specified in paragraph (2) of this section, the city council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of all its members. If the city manager has requested a public hearing, the city council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of all its members at any time after the public hearing. (b) The city manager shall continue to receive a salary until the effective date of a final resolution of removal. GEORGIA LAWS 2011 SESSION 4071 SECTION 2.29. Acting City Manager. By letter filed with the city clerk, the city manager shall designate, subject to approval of the city council, a qualified city administrative officer to exercise the powers and perform the duties of city manager during the city manager's temporary absence or physical or mental disability. During such absence or disability, the city council may revoke such designation at any time and appoint another officer of the city to serve until the city manager shall return or the city manager's disability shall cease. SECTION 2.30. Powers and Duties of the City Manager. The city manager shall be the chief executive and administrative officer of the city. The city manager shall be responsible to the city council for the administration of all city affairs placed in the city manager's charge by or under this charter. As the chief executive and administrative officer, the city manager shall: (1) Appoint and, when the manager deems it necessary for the good of the city, suspend or remove all city employees and administrative officers the city manager appoints, except as otherwise provided by law or personnel ordinances adopted pursuant to this charter. The city manager may authorize any administrative officer who is subject to the city manager's direction and supervision to exercise these powers with respect to subordinates in that officer's department, office, or agency; (2) Direct and supervise the administration of all departments, offices, and agencies of the city, except as otherwise provided by this charter or by law; (3) Attend all city council meetings except for closed meetings held for the purposes of deliberating on the appointment, discipline, or removal of the city manager and have the right to take part in discussion but not vote; (4) See that all laws, provisions of this charter, and official acts of the city council, subject to enforcement by the city manager or by officers subject to the city manager's direction and supervision, are faithfully executed; (5) Prepare and submit the annual operating budget and capital budget to the city council; (6) Submit to the city council and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year; (7) Make such other reports as the city council may require concerning the operations of city departments, offices, and agencies subject to the city manager's direction and supervision; (8) Keep the city council fully advised as to the financial condition and future needs of the city and make such recommendations to the city council concerning the affairs of the city as the city manager deems desirable; and 4072 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II (9) Perform other such duties as are specified in this charter or as may be required by the city council, so long as not in conflict with this charter. SECTION 2.31. Council Interference with Administration. Except for the purpose of inquiries and investigations under Section 2.15 of this charter, the mayor or the city council or its members shall deal with city officers and employees who are subject to the direction and supervision of the city manager solely through the city manager, and neither the mayor, city council, nor its members shall give orders to any such officer or employee, either publicly or privately. SECTION 2.32. Selection of Mayor and Mayor Pro Tempore. At each regular election the voters of the city shall elect a mayor at large for a term of four years. The city council shall elect from among its members a mayor pro tempore who shall act as mayor during the absence or disability of the mayor, but shall only vote once on matters before the council, and, if a vacancy occurs, shall become mayor for the remainder of the expired term. SECTION 2.33. Powers and Duties of Mayor. The mayor shall: (1) Preside at all meetings of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes and be the official spokesperson for the city and the chief advocate of policy; (3) Have power to administer oaths and to take affidavits; and (4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, and other instruments executed by the city which by law are required to be in writing. SECTION 2.34. Position of Mayor Pro Tempore; Duties. 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 in accordance with Section 2.36 of this charter, 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 GEORGIA LAWS 2011 SESSION 4073 disability shall be declared by majority vote of all councilmembers. 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. When acting as mayor, the mayor pro tempore shall continue to have only one vote as a member of the council. SECTION 2.35. Submission of Ordinances to the Mayor; Veto Power. (a) Every ordinance adopted by the city council shall be presented promptly by the city clerk to the mayor. (b) The mayor, within ten calendar days of receipt of an ordinance, shall return it to the city clerk with or without the mayor's approval or with the mayor's disapproval. If the ordinance has been approved by the mayor, it shall become 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 reasons for the veto. The city clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor. (c) Ordinances vetoed by the mayor shall be presented by the city clerk to the city council at its next meeting. If the city council then or at its next meeting adopts the ordinance by an affirmative vote of 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 city council as though disapproved and shall not become law unless overridden by the council as provided in subsection (c) of this section. SECTION 2.36. Mayor Pro Tempore; Selection; Duties. By a majority vote, the city council shall elect a councilmember to serve as mayor pro tempore. The mayor pro tempore shall preside at all meetings of the city council and shall assume the duties and powers of the mayor upon the mayor's physical or mental disability, suspension from office, or absence. The city council by a majority vote shall elect a new presiding officer from among its members for any period in which the mayor pro tempore is disabled, absent, or acting as mayor. Any such absence or disability shall be declared by majority vote of all councilmembers. 4074 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II ARTICLE III ADMINISTRATIVE AFFAIRS SECTION 3.10. Administrative and Service Departments. (a) Except as otherwise provided in this charter, the city council, by ordinance, shall prescribe the functions or duties and establish, abolish, alter, consolidate, or leave vacant all nonelective offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the city shall be appointed by the city manager 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) 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. 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 mayor 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. GEORGIA LAWS 2011 SESSION 4075 (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 and mayor shall appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for providing for the representation and defense of the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; may attend the meetings of the city council as directed; shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of the person's position as city attorney. The city attorney is not a public official of the city and does not take an oath of office. The city attorney shall at all times be an independent contractor. A law firm, rather than an individual, may be designated as the city attorney. SECTION 3.13. City Clerk. The city manager shall appoint a city clerk who shall be approved by the mayor and city council and 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. SECTION 3.14. Position Classification and Pay Plans. The city manager shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the city council for approval. Such plan may apply to all employees of the city and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the city council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. 4076 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 3.15. Personnel Policies. All employees serve at-will and may be removed from office at any time. 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 Summerville. 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 2.20 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 have jurisdiction and authority to try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail. GEORGIA LAWS 2011 SESSION 4077 (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 180 days or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for that person's appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at such time and an execution issued thereon by serving the defendant and the defendant's sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city or the property so deposited shall have a lien against it for the value forfeited, which 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 Chattooga County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. 4078 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 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, and be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings. ARTICLE V ELECTIONS AND REMOVAL SECTION 5.10. Applicability of General Law. All primaries and elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the Official Code of Georgia Annotated, "The Georgia Election Code," as now or hereafter amended. SECTION 5.11. Election of the City Council and Mayor. (a) There shall be a municipal general election biennially in the odd years on the Tuesday next following the first Monday in November. (b) There shall be elected the mayor and two councilmembers at one election and at every other regular election thereafter. The remaining three 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 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. GEORGIA LAWS 2011 SESSION 4079 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 Official Code of Georgia Annotated, "Georgia Election Code," as now or hereafter amended. SECTION 5.15. Other Provisions. Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the Georgia Election Code. SECTION 5.16. Removal of Officers. (a) The mayor, councilmembers, or other appointed officers provided for in this charter shall be removed from office for any one or more of the causes provided in Title 45 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 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 Chattooga 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 Chattooga County following a hearing on a complaint seeking such removal brought by any resident of the City of Summerville. 4080 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II ARTICLE VI FINANCE SECTION 6.10. Property Tax. The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion. SECTION 6.11. Millage Rate; Due Dates; Payment Methods. The city council, by ordinance, shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council, by ordinance, may provide for the payment of these taxes by two installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due. SECTION 6.12. Occupation and Business Taxes. The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. The city council may classify businesses, occupations, or professions for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 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. GEORGIA LAWS 2011 SESSION 4081 SECTION 6.14. Franchises. (a) The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by the city clerk. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. (b) If no franchise agreement is in effect, the city council has the authority to impose a tax on gross receipts for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations. SECTION 6.15. Service Charges. The city council by ordinance shall have the power to assess and collect fees, charges, assessments, and tolls for sewers, sanitary, and health services or any other services provided or made available within and without the corporate limits of the city. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. SECTION 6.16. Special Assessments. The city council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. 4082 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 6.17. Construction; Other Taxes and Fees. This city shall be empowered to levy any other tax or fee allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs. SECTION 6.18. Collection of Delinquent Taxes and Fees. The city council, by ordinance, may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi. fas.; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking city permits for failure to pay any city taxes or fees; and providing for the assignment or transfer of tax executions. SECTION 6.19. General Obligation Bonds. The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken. SECTION 6.20. Revenue Bonds. Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued. SECTION 6.21. Short-term Loans. The city may obtain short-term loans and must repay such loans not later than December 31 of each year unless otherwise provided by law. GEORGIA LAWS 2011 SESSION 4083 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 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 and every office, department, agency, and activity of the city government unless otherwise provided by state or federal law. SECTION 6.24. Preparation of Budgets. The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement plan, and a capital budget, including requirements as to the scope, content, and form of such budgets and plans. SECTION 6.25. Submission of Operating Budget to City Council. On or before a date fixed by the city council but not later than 30 days prior to the beginning of each fiscal year, the city manager shall 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 provided for in this section, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection. 4084 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 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 July 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 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 ordinances shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of this city. SECTION 6.28. Changes in Appropriations. The city council by ordinance may make changes in the appropriations contained in the current operating budget at any regular, special, or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unexpended surplus. GEORGIA LAWS 2011 SESSION 4085 SECTION 6.29. Capital Budget. (a) On or before the date fixed by the city council but no later than 30 days prior to the beginning of each fiscal year, the city manager shall submit to the mayor and 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 July 1 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. Independent Audit. There shall be an annual independent audit of the city accounts, funds, and financial transactions by a certified public accountant selected by the city council as provided by law. 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 to and reviewed by the city attorney and, as a matter of course, is signed by the city attorney to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 2.21 of this charter. 4086 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 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. 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. GEORGIA LAWS 2011 SESSION 4087 SECTION 7.11. Existing Ordinances, Resolutions, Rules, and Regulations. Existing ordinances, resolutions, rules, and regulations of this city not in conflict with this charter shall continue in force, unless repealed or amended, for two years from the effective date of this charter. During such two-year period, the city council shall review all such provisions and shall readopt, repeal, or amend each so that a codification as provided by Section 2.26(b) of this charter is accomplished. SECTION 7.12. Existing Personnel and Officers. Except as specifically provided otherwise by this charter, all personnel and officers of the city and their rights, privileges, and powers shall continue beyond the time this charter takes effect for a period of 60 days, before or during which the existing city council shall pass a transition ordinance detailing the changes in personnel and 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. SECTION 7.15. Specific Repealer. An Act to consolidate all of the laws chartering the City of Summerville in the County of Chattooga and to grant a new charter to said city, approved March 28, 1961, (Ga. L. 1961, 4088 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II p. 2658), is hereby repealed in its entirety and all amendatory acts thereto are likewise repealed in their entirety. SECTION 7.16. Effective date. This Act shall become effective on July 1, 2011. 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 2011 session of the General Assembly of Georgia a bill to provide a new charter for the City of Summerville: and for other purposes. The City of Summerville P.O. Box 180 Summerville, GA 30747 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jeff Mullis, who on oath deposes and says that he is the Senator from District 53 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Summerville News which is the official organ of Chattooga County on March 3, 2011, and that the notice requirements of Code Section 28-1-14 have been met. s/ JEFF MULLIS Jeff Mullis Senator, District 53 Sworn to and subscribed before me, this 7th day of March 2011. s/ LAURA E. HURD Laura E. Hurd GEORGIA LAWS 2011 SESSION 4089 Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL) Approved May 12, 2011. __________ COBB COUNTY SOUTH COBB DEVELOPMENT AUTHORITY; NAME CHANGE; MEMBERSHIP; AREA OF OPERATION; PURPOSES AND OBJECTIVES; TAX EXEMPTIONS. No. 216 (Senate Bill No. 266). AN ACT To amend an Act known as the "South Cobb Development Authority Act," approved April 12, 1982 (Ga. L. 1982, p. 3772), as amended, so as to define a term; to change the name of the authority to the South Cobb Redevelopment Authority; to provide for membership of the authority; to provide for the geographical area of operations of the authority; to provide for purposes and objectives of the authority; to cite constitutional authority for said Act; to provide for tax exemptions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act known as the "South Cobb Development Authority Act," approved April 12, 1982 (Ga. L. 1982, p. 3772), as amended, is amended by revising paragraph (3) of subsection (b) of Section 1 to read as follows: "(3) 'Development area' means the geographical area of operations of the authority as described in Section 4 of this Act." SECTION 2. Said Act is further amended by revising subsection (a) of Section 2 as follows: "(a) There is created a body corporate and politic known as the South Cobb Redevelopment Authority." SECTION 3. Said Act is further amended by revising subsections (a) through (d) of Section 3 to read as follows: 4090 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II "(a) The authority shall be composed of seven members to be appointed as provided in this subsection. Four members of the authority shall be appointed by a majority of a quorum of the Cobb County Board of Commissioners. The remaining three members of the authority shall be appointed by a majority of a quorum of the Cobb County delegation to the General Assembly whose districts include any part of the development area. Terms of office of members of the authority shall be for four years and until their successors are appointed and qualified; except that the initial three members appointed by the Cobb County legislative delegation shall serve for terms of office of one, two, and three years, respectively, and until their successors are appointed and qualified. Any vacancy in office shall be filled in like manner as the original appointment, and the person appointed to fill such vacancy shall serve for the remainder of the unexpired term and until a successor is appointed and qualified. (b) Reserved. (c) Reserved. (d) Reserved." SECTION 4. Said Act is further amended by revising Section 4 to read as follows: "SECTION 4. The development area defined in this Act shall be all of that tract or parcel of land located in Cobb County, Georgia, described as follows: Starting at the point of beginning, which is the intersection of Maxham Road/State Route 5 (a.k.a. Austell Road) and the Cobb County/Douglas County line, and extending north-northeast to an intersection with the East-West Connector; then continuing east on East-West Connector to its intersection with the corporate limits of the City of Smyrna; then continuing west then south along the corporate limits of the City of Smyrna and then following these said city limits until they intersect with the Chattahoochee River; then continuing south-southwest along the west side of the Chattahoochee River until its intersection with the Douglas County line; then continuing north-northwest along this line until its intersection with Maxham Road/State Route 5, being the true point of beginning." SECTION 5. Said Act is further amended by revising Section 7 to read as follows: "SECTION 7. The revitalization and redevelopment of the development area as defined in this Act develops and promotes, for the public good and general welfare, trade, commerce, industry, and employment opportunities and promotes the general welfare of the state by creating a climate favorable to the location of new industry, trade, and commerce and the development of existing industry, trade, and commerce within Cobb County and the State GEORGIA LAWS 2011 SESSION 4091 of Georgia. Revitalization and redevelopment of the development area by financing projects under the Act will develop and promote, for the public good and general welfare, trade, commerce, industry, and employment opportunities and will promote the general welfare of the state. It is therefore in the public interest and is vital to the public welfare of the people of Georgia, and it is declared to be the public purpose of this Act to so revitalize and redevelop the development area. No bonds, notes, or other obligations (except refunding bonds) shall be issued by an authority hereunder unless its board of directors adopts a resolution finding that the project for which such bonds, notes, or other obligations are to be issued will promote the foregoing objectives." SECTION 6. Said Act is further amended by revising Section 10 to read as follows: "SECTION 10. (a) This Act is enacted pursuant to Article IX, Section VI, Paragraph III of the Constitution of Georgia. (b) The obligations, properties, activities, and income of the authority shall be subject to such tax exemptions as may be provided by general law." SECTION 7. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2011 session of the General Assembly of Georgia a bill to amend an Act known as the "South Cobb Development Authority Act", approved April 12, 1982 (Ga. L. 1982, p. 3772), as amended; and for other purposes. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Doug Stoner, who on oath deposes and says that he is the Senator from District 6 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 18, 2011, and that the notice requirements of Code Section 28-1-14 have been met. s/ DOUG STONER Doug Stoner Senator, District 6 4092 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II Sworn to and subscribed before me, this 22nd day of March 2011. s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL) Approved May 12, 2011. __________ CITY OF COOLIDGE MAYOR AND COUNCIL; ELECTIONS. No. 217 (Senate Bill No. 267). AN ACT To amend an Act creating a new charter for the City of Coolidge, approved June 2, 2010 (Ga. L. 2010, p. 3828), so as to provide for elections of the mayor and councilmembers; 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 Coolidge, approved June 2, 2010 (Ga. L. 2010, p. 3828), is amended by revising subsection (c) of Section 5.11 as follows: "(c) Elections for mayor and city council shall be held on the Tuesday following the first Monday in November of each election year. Beginning in 2011 and every four years thereafter, there shall be an election for three councilmembers. Beginning in 2013 and every four years thereafter, there shall be an election for mayor and three councilmembers." 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 2011 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Coolidge, approved June 2, 2010 (Ga. L. 2010, p. 3828); and for other purposes. GEORGIA LAWS 2011 SESSION 4093 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Bulloch, who on oath deposes and says that he is the Senator from District 11 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Thomasville Times-Enterprise which is the official organ of Thomas County on March 18, 2011, and that the notice requirements of Code Section 28-1-14 have been met. s/ JOHN BULLOCH John Bulloch Senator, District 11 Sworn to and subscribed before me, this 21st day of March 2011. s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL) Approved May 12, 2011. __________ PUTNAM COUNTY STATE COURT; JURISDICTION. No. 219 (Senate Bill No. 271). AN ACT To amend an Act to revise, modernize, and consolidate the provisions of local law relating to the State Court of Putnam County (formerly the County Court of Putnam County), approved April 4, 1997 (Ga. L. 1997, p. 3839), so as to provide that the State Court of Putnam County shall have concurrent jurisdiction with the Magistrate Court of Putnam County regarding violations of county ordinances of Putnam County; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 4094 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 1. An Act to revise, modernize, and consolidate the provisions of local law relating to the State Court of Putnam County (formerly the County Court of Putnam County), approved April 4, 1997 (Ga. L. 1997, p. 3839), is amended by revising Section 9 as follows: "SECTION 9. The State Court of Putnam County shall have jurisdiction within the territorial limits of Putnam County and concurrent with the superior courts. The court shall have jurisdiction over the matters set out in Code Section 15-7-4 of the O.C.G.A. The court shall also have concurrent jurisdiction with the Magistrate Court of Putnam County regarding violations of county ordinances of Putnam County." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2011 session of the General Assembly of Georgia a bill to amend an Act to revise, modernize, and consolidate the provisions of local law relating to the State Court of Putnam County (formerly the County Court of Putnam County), approved April 4, 1997 (Ga. L. 1997, p. 3839), so as to provide that the State Court of Putnam County shall have concurrent jurisdiction with the Magistrate Court of Putnam County regarding violations of county ordinances of Putnam County; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Senator Johnny Grant District 25 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 Eatonton Messenger which is the official organ of Putnam GEORGIA LAWS 2011 SESSION 4095 County on March 24, 2011, and that the notice requirements of Code Section 28-1-14 have been met. s/ JOHNNY GRANT Johnny Grant Senator, District 25 Sworn to and subscribed before me, this 24th day of March 2011. s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL) Approved May 12, 2011. __________ CITY OF ETON CORPORATE LIMITS. No. 221 (Senate Bill No. 270). AN ACT To amend an Act providing a new charter for the City of Eton, approved March 26, 1987 (Ga. L. 1987, p. 4689), so as to provide for the annexation of certain territory into the boundaries of the city; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing a new charter for the City of Eton, approved March 26, 1987 (Ga. L. 1987, p. 4689), is amended by adding to the end of subsection (a) of Section 1.102 the following: "The corporate boundaries shall also include the following described territory: 'S.R. 286 from the present intersect of its municipal limits with that highway right-of-way to a point further west along S.R. 286 terminating at the intersect with the easterly right of way line of Cobb Road. By measure the point of terminus of this spoke annexation of roadway is at a point 5336 linear feet measured along the centerline of S.R. 286 from its intersection with Highway 411/S.R. 2/S.R. 61. 4096 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II The section of Cobb Road from its intersection with S.R. 286 northerly to its intersection with Tom Gregory Road which is a linear distance of 944 feet. Highway 411/S.R. 2/S.R. 61 from the present intersect of its municipal limits with that highway right-of-way northerly to a point on Highway 411/S.R. 2/S.R. 61 terminating on the intersect of northern boundary of land owned by the Dixie Group being Murray County tax parcel # 00.64A 045 which points lies 2247 linear feet measured from the centerpoint of the intersection of Highway 411/S.R. 2/S.R. 61 and S.R. 286. The section of Highway 411/S.R. 2/S.R. 61 from a point at the intersection of Keith Road with Highway 411/S.R. 2/S.R. 61 and proceeding northerly a distance of 300 linear feet at a point being at the south side of Murray County tax parcel number 0064A 088.'" 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 2011 session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Eton, approved March 26, 1987 (Ga. L. 1987, p 4689), so as to provide for the annexation of certain territory into the boundaries of the city; and for other purposes. Senator Charlie Bethel District 54 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charlie Bethel, who on oath deposes and says that he is the Senator from District 54 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Chatsworth Times which is the official organ of Murray County on March 23, 2011, and that the notice requirements of Code Section 28-1-14 have been met. s/ CHARLIE BETHEL Charlie Bethel Senator, District 54 GEORGIA LAWS 2011 SESSION 4097 Sworn to and subscribed before me, this 28th day of March 2011. s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL) Approved May 12, 2011. __________ COBB COUNTY-MARIETTA WATER AUTHORITY TERMS; VACANCIES; REMOVAL FOR CAUSE. No. 222 (Senate Bill No. 254). AN ACT To amend an Act creating the Cobb County-Marietta Water Authority, approved February 21, 1951 (Ga. L. 1951, p. 497), as amended, so as to change provisions relating to the terms of office of members of the authority; to change provisions relating to vacancies in office; to change provisions relating to removal of members for cause; 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 Cobb County-Marietta Water Authority, approved February 21, 1951 (Ga. L. 1951, p. 497), as amended, is amended by revising subsection (c) of Section 2 as follows: "(c) The term of office of the chairperson of the Board of Commissioners of Cobb County as a member of the authority and the term of office of the chairperson of the Board of Commissioners of Paulding County as a member of the authority shall be concurrent with their terms of office as chairpersons except that the term of office of the chairperson of the Board of Commissioners of Paulding County shall begin on August 15, 2006. The member of the authority appointed by the governing authority of Marietta serving on July 1, 2006, shall serve until August 14, 2008, and until his or her successor is appointed and qualified. The member of the authority appointed by the governing authority of Smyrna shall begin serving on August 15, 2006, and shall serve until August 14, 2008, or until his or her successor is appointed and qualified. Thereafter, both the member of the authority 4098 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II appointed by Marietta and the member of the authority appointed by Smyrna shall serve for terms of four years and until their successors are appointed and qualified and shall assume office on August 15 following the expiration of the prior members' terms. The three members of the authority appointed by the members of the General Assembly from Cobb County serving on the effective date of the 2011 amendment to this subsection shall serve until their successors are appointed and qualified and until the following dates: the member from unincorporated Cobb County shall serve until August 14, 2011; the member from Cobb Commission District 2 or 3, excluding residents of Marietta and Smyrna, shall serve until August 14, 2013; and the member from Cobb Commission District 1 or 4, excluding residents of Marietta and Smyrna, shall serve until August 14, 2014. Thereafter, the members of the authority appointed by the members of the General Assembly from Cobb County shall serve for terms of four years and until their successors are appointed and qualified and shall assume office on August 15 following the expiration of the prior members' terms." SECTION 2. Said Act is further amended by revising Sections 2A and 2B as follows: "SECTION 2A. Vacancies. In the event of a vacancy in the membership of the authority by reason of death, resignation, disability, or removal for cause, said vacancy shall be filled by the governing authority, chairperson of the governing authority, or caucus which originally selected the vacating member in question. SECTION 2B. Removal of members. The appointing authority may remove any members appointed by it for cause. No member or the chairperson of the authority shall be thus removed unless he or she has been given a copy of the charges against him or her and an opportunity to be publicly heard in his or her own defense in person or by counsel with at least ten days written notice. A member or the chairperson removed from office shall have the right of judicial review of his or her removal by an appeal to the Superior Court of Cobb County but only on the ground of error of law or abuse of discretion. In case of an abandonment of his or her office, conviction of a crime involving moral turpitude, or a plea of nolo contendere thereto, the office of such member or chairperson shall be declared vacant by the authority. A member or the chairperson shall be deemed to have abandoned his or her office upon failure to attend any regular or special meeting of the authority for a period of three months without excuse approved by a resolution of the authority." GEORGIA LAWS 2011 SESSION 4099 SECTION 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2011 session of the General Assembly of Georgia, a bill to amend an Act creating the Cobb County-Marietta Water Authority, approved February 21, 1951 (Ga. L. 1951, p. 497) as amended, so as to change provisions relating to the terms of office of members of the authority; to change provisions relating to vacancies in office; to change provisions relating to removal of members for cause, to provide for related matters; and for other purposes. Senator Lindsey Tippins District 37 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lindsey Tippins, who on oath deposes and says that he is the Senator from District 37 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County on February 25, 2011, and that the notice requirements of Code Section 28-1-14 have been met. s/ LINDSEY TIPPINS Lindsey Tippins Senator, District 37 Sworn to and subscribed before me, this 4th day of March 2011. s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL) Approved May 12, 2011. __________ 4100 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II DALTON-WHITFIELD COUNTY CHARTER AND CONSOLIDATION COMMISSION CREATION. No. 230 (House Bill No. 560). AN ACT To create and establish the Dalton-Whitfield County Charter and Consolidation Commission; to provide for a short title; to provide for definitions; to provide for the appointment of the members of said commission; to provide for the organizational meeting of the charter and consolidation commission and for the election of officers; to provide for the powers and duties of said commission; to provide for expenses of said commission and the payment thereof; to provide that said commission shall be authorized to study all matters relating to the governments of Whitfield County and the City of Dalton, with a view toward consideration of the establishment of a single county-wide government with powers and jurisdiction throughout the territorial limits of Whitfield County other than the municipalities of Tunnel Hill, Varnell, and Cohutta; provide for the submission of such proposed county-wide government charter to the qualified voters for approval or rejection; to provide for the conduct of such election and for the certification of the results thereof; to provide for election of a new governing authority and abolishment of old governing authorities under certain conditions; to provide for all procedures and other matters connected with the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known and may be cited as the "Dalton-Whitfield County Charter and Consolidation Commission Act" and is enacted pursuant to the authority granted by Article IX, Section III, Paragraph II of the Constitution of the State of Georgia. SECTION 2. As used in this Act, the following terms shall have the meanings ascribed to them unless the context clearly requires otherwise: (1) "Charter and consolidation commission" or "commission" shall mean the Dalton-Whitfield County Charter and Consolidation Commission provided for in this Act. (2) "Governing authority of the City of Dalton" shall mean the mayor and city council of the City of Dalton, a municipal corporation of the State of Georgia. (3) "Governing authority of Whitfield County" shall mean the Board of Commissioners of Whitfield County, a political subdivision of the State of Georgia. (4) "County-wide government" shall mean the local government that would be established in Whitfield County if the charter referred to in this Act be approved in the referendum in GEORGIA LAWS 2011 SESSION 4101 the manner provided for in Section 10 of this Act and that would replace the City of Dalton and Whitfield County and would serve as the local government for all of the incorporated and unincorporated area of Whitfield County except for the incorporated areas within Whitfield County constituting the cities of Tunnel Hill, Varnell, and Cohutta, Georgia. (5) "Qualified voter" shall mean a voter of Whitfield County qualified to vote for members of the General Assembly of Georgia. SECTION 3. (a) There is created the Dalton-Whitfield County Charter and Consolidation Commission, which shall consist of 15 members to be appointed within 45 days of the effective date of this Act as provided in this section. (b) Within 45 days of the effective date of this Act as provided in this section, the governing authority of the City of Dalton shall appoint six members to the charter and consolidation commission. Two of such appointments shall be aldermen appointed by the Mayor of the City of Dalton, who shall serve on the Commission during their respective terms as aldermen. The remaining four appointees shall be residents of the City of Dalton. (c) Within 45 days of the effective date of this Act as provided in this section, the governing authority of Whitfield County shall appoint six members to the charter and consolidation commission. Two of such appointments shall be the Chairman of the Board of Commissioners of Whitfield County and another commissioner, who shall serve on the Commission during their respective terms as Chairman and commissioner. The remaining four appointees shall be residents residing within the limits of Whitfield County. (d) If the governing authority of the City of Dalton or the governing authority of Whitfield County refuses or fails to appoint a member of the commission as required by this section, the chief superior court judge of the Conasauga Judicial Circuit shall make such appointment within ten days following the expiration of the 45 day period allowed for appointments provided for in subsection (a) of this section. (e) Except for the appointments of two aldermen, the Chairman of the Board of Commissioners of Whitfield County, and one commissioner, no member of the charter and consolidation commission appointed by the governing authority of the City of Dalton or the governing authority of Whitfield County shall hold any other elective public office and shall not be a current employee of the City of Dalton, Whitfield County, or any local authority created by or for the city or county. (f) Within 30 days of the effective date of this Act as provided in this section, the governing authorities of the City of Tunnel Hill, the City of Varnell, and the Town of Cohutta may each appoint one member of their respective governing authorities to the charter and consolidation commission. The failure of a governing authority to make an appointment as for in this subsection (f) shall preclude such governing authority from making a subsequent appointment, and the unfilled seats on the commission shall be appointed by the majority vote of the existing commission members. 4102 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II (g) To be eligible for appointment as a member of the charter and consolidation commission, a person who is not otherwise an elected official must be at least 21 years of age and shall have been a resident of the State of Georgia for a period of at least five years and registered as an elector to vote in Whitfield County for a period of at least three years prior to his or her appointment. (h) If a member of the charter and consolidation commission should die, become disabled, remove his or her residence and place of domicile to a place outside the territorial limits of the appointing jurisdiction, resign, or become unable or decline to serve for any reason whatever as a member of the charter and consolidation commission, said commission shall declare a vacancy in his or her office as a member of such commission and within 15 days thereafter the governing authority that appointed that member or the commission shall appoint a successor promptly to fill such vacancy. (i) A certificate of appointment shall be issued by the appointing entity of each member of the charter and consolidation commission and filed in the office of the Probate Court of Whitfield County with a duplicate original of such certificate being transmitted to, and filed with, the chairperson or the secretary of the charter and consolidation commission. (j) A majority of the members of the charter and consolidation commission shall constitute a quorum for the transaction of business. Such quorum shall not be applicable with respect to any committees or subcommittees which, at the discretion of the charter and consolidation commission, may be appointed. A majority of the members of each such committee or subcommittee shall constitute a quorum for the conduct of such committee's business. (k) The charter and consolidation commission may appoint advisory committees or subcommittees from among the general populace to advise it with respect to its work; provided, however, that the charter and consolidation commission may not delegate any of the duties, powers, or obligations imposed upon the commission and granted to it by this Act to any such advisory committee or subcommittee. Any such advisory committee or subcommittee so appointed shall serve at the discretion of the commission and shall serve subject to such terms, conditions, and charges as may be imposed upon it by the commission. (l) All persons who shall, from time to time, serve as members of the charter and consolidation commission or its committees or subcommittees shall be afforded coverage and shall be included in the insured class, under the provision of such policies, riders, or other insurance contracts from time to time in force and held by the governing authority of Whitfield County, extending to members of such governing authority of the Whitfield County, and what is commonly referred to as "public official's liability insurance coverage," to the same extent and as nearly as practicable with identical coverage and limits as afforded to the individual members of the governing authority of Whitfield County. Any and all additional premium amounts payable by Whitfield County due to the extension of such coverage to the members of the charter and consolidation commission shall be paid, when due and payable, one-half by Whitfield County, and one-half by the City of Dalton, which payments shall be made in addition to all other amounts otherwise payable under the provisions of this Act. GEORGIA LAWS 2011 SESSION 4103 (m) The governing authority of Whitfield County, the governing authority of the City of Dalton and the governing authority of any county-wide government created under a charter adopted pursuant to this Act are authorized and directed to expend funds for fees, costs, and expenses incurred in providing for the defense of the members of the charter and consolidation commission arising out of their activity as members of such commission and in providing for the defense of any proposed charter submitted by the commission, whether prior to the referendum thereon or after the referendum thereon is conducted. SECTION 4. (a) The charter and consolidation commission shall hold an organizational meeting not less than 45 days nor more than 60 days after the date this Act becomes effective. Any six or more members of the charter and consolidation commission composed of at least three members appointed by the governing authority of the City of Dalton and three members appointed by the governing authority of the Whitfield County shall call such organizational meeting. The call of such organizational meeting shall designate the time, date, and place that such organizational meeting shall be held. (b) The first order of business at the organizational meeting shall be to elect a chairman of the commission, who shall be elected by majority vote of all members of the commission. The second order of business shall be to elect a vice chairman of the commission, who shall be elected by majority vote of all members of the commission, who shall assume the duties of the chairman in the absence or disability of the chairman. The charter and consolidation commission shall also be authorized to elect a secretary, who may, but need not be, a member of the commission, and such other officers from the membership of the charter and consolidation commission as it shall deem necessary. The county attorney for Whitfield County and the city attorney for the City of Dalton shall jointly provide legal counsel to the commission and shall draft any proposed charter or other document necessary to carry out the responsibilities of the commission. The governing authorities of the City of Dalton and Whitfield County shall each be responsible for the legal fees of their counsel. The County Administrator of Whitfield County and the City Administrator of the City of Dalton, or his or her respective designee, shall attend all meetings of the commission as ex-officio non-voting members. (c) The chairman or other presiding officer of the commission shall not vote on any question before the commission unless there is a tie vote, in which case the chairman shall cast the deciding vote unless he or she is otherwise disqualified. (d) The members of the charter and consolidation commission shall not receive per diem or other compensation for their services, but the members may be reimbursed for actual expenses incurred by them in carrying out their duties. Any funding request of the commission shall require approval by a joint resolution of the governing authorities of the City of Dalton and Whitfield County. 4104 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II (e) The charter and consolidation commission is also authorized to solicit, receive, and expend contributions, grants, gifts, and other funds from other sources to be utilized by it in the conduct of its business. (f) All public officials and employees of the City of Dalton and Whitfield County, upon request, shall furnish the charter and consolidation commission with all documents, books, records, data, and information necessary or appropriate in the opinion of the charter and consolidation commission for it to carry out its duties, except for information that is confidential or privileged by law; shall furnish such other assistance and aid to the commission as it shall request; and shall appear and give testimony, at the request of the commission, before the commission or before any of its committees, subcommittees, or advisory committees. (g) The commission shall be subject to the provisions of Chapter 14 of Title 50 and Article 4 of Chapter 18 of Title 50 of the O.C.G.A. to the same extent as Whitfield County and the City of Dalton are subject to such provisions. SECTION 5. The commission shall be authorized to study all matters relating to the governments of the City of Dalton and Whitfield County and all matters relating to the establishment of a single county-wide government, with powers and jurisdiction throughout the territorial limits of Whitfield County, except within the incorporated limits of those municipalities of Whitfield County which have, acting through their local governing bodies, decided not to participate in consolidation. The commission shall, upon completion of its study, issue a written report of its findings, conclusions, and recommendations. If, after conducting such study, the charter and consolidation commission shall deem it to be in the best interests of the governments proposed to be affected, the commission shall draft a proposed charter creating a single county-wide government, and if such charter is approved by the voters under the provisions of this Act, then the newly created county-wide government shall supersede and replace the existing governments of the City of Dalton and Whitfield County. If the charter and consolidation commission does not deem it to be in the best interests of the governments proposed to be affected to recommend the establishment of a single county-wide government, but concludes from its study that it is feasible to consolidate specific governmental services, programs, and activities, then the commission may issue such findings, conclusions, and recommendations in writing together with reasons why such recommendations will make government operations more efficient. SECTION 6. (a) The charter so drafted shall be submitted to the qualified voters of the incorporated and unincorporated areas of Whitfield County for approval or rejection of the referendum provided for in Section 10 of this Act. (b) The General Assembly delegates its powers to the charter and consolidation commission to draft such a charter, which may include any provisions necessary to effectuate its GEORGIA LAWS 2011 SESSION 4105 purposes. Without limiting the generality of the foregoing, the proposed charter may provide for any one or more of the items listed below. Where it is indicated that an item shall be included, the inclusion of that particular item shall be mandatory: (1) The charter shall provide for the abolishment of the existing governments of the City of Dalton and Whitfield County and for the creation of a new single government which may have all powers formerly exercised by the City of Dalton and Whitfield County and such other powers as may be necessary or desirable. The new single government may be given, and may have, such rights, privileges, exemptions, preferences, discretions, immunities, powers, duties, and liabilities as are now or hereafter granted to, or vested in, municipalities or counties or both, by the Constitution and laws of the State of Georgia. The form and composition of the new government shall be as the charter shall provide; (2) The charter may authorize the new government to continue to be eligible to have, hold, enjoy, and be entitled to any assistance, credits benefits, moneys, grants grants-in-aid, funds, loans, aid, appropriations, and matching funds to the same extent that any municipality or county of the State of Georgia now or may hereafter enjoy or possess under the Constitution and laws of the State of Georgia or by other provisions of law or under any present or future state or federal programs; (3) The charter may provide for the abolishment, modification, consolidation, or merger of any court unless otherwise prohibited by the Constitution or general law; (4) The charter may provide for the transfer of any powers, duties, and obligations of public authorities and special service districts located in Whitfield County or the City of Dalton to the new countywide government or to any agency thereof or from one such authority or special service district to another in such manner as the charter shall provide unless otherwise prohibited by the Constitution or general law; (5) The charter may provide for the abolishment, modification, consolidation, or merger of any one or more public offices or positions of public employment of any municipality merged in the county-wide government and the County of Whitfield and any public authorities or special service districts located or operating within Whitfield County or the City of Dalton unless otherwise prohibited by the Constitution or general law. The charter may provide for administrative division or changes with reference to the duties and responsibilities of any public office or official as the charter and consolidation commission shall deem necessary for the efficient functioning of the new county-wide government; (6) The charter shall provide for the creation of the governing authority of the new county-wide government, including the number of members of the governing authority, their powers, duties, terms of office, manner, and time of election or appointment, compensation, method of removal, and all other matters incidental or necessary to the creation of the county-wide governing authority. The charter shall provide for the name or names of the new county-wide government and governing authority; (7) The charter may provide for the creation of the various departments, boards, bureaus, offices, commissions, and positions of public employment of the new county-wide government and for any matters necessary or incidental thereto; 4106 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II (8) The charter shall provide for the creation of special tax districts consisting of the territory lying within the former boundaries of the affected governments for the purpose of the successor county-wide government levying a tax therein sufficient to retire any bonded indebtedness of such governments which is outstanding on the effective date of the abolishment of such government; (9) The charter may provide for the assumption by the new government of all bonded indebtedness and all other obligations of whatever kind of all governmental units, public authorities, and special service districts which are altered by the charter and a method by which the new county-wide government shall assume the payment of any obligations issued under Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," or other similar legislation; (10) The charter may provide for the transfer to the new county-wide government of assets, contracts, and franchises of all governmental units which are merged with the new county-wide government or are altered by the charter; (11) The charter may provide the purposes for which the new county-wide government or governing authority or any agency thereof may levy taxes; (12) The charter shall provide for the method or methods by which it may be amended. The General Assembly expressly reserves the right to amend any charter adopted pursuant to this Act. The charter may provide for an additional method or methods by which the charter may be amended and shall provide for any amendments adopted by any such other method or methods to be filed with the Secretary of State so that they may be published in the Georgia Laws; (13) The charter shall provide for the repeal of conflicting laws; and (14) The charter may contain such other provisions as are necessary and needful to achieve the objectives of consolidation of the governments and functions of the City of Dalton and Whitfield County and the creation of a successor government. (c) The following additional provisions shall govern proceedings of the charter and consolidation commission and any successor county-wide government created by a charter drafted by the commission: (1) The City of Dalton and Whitfield County are authorized, after approval by a joint resolution, to contract with any public or private institution or body, including the Carl Vinson Institute of Government, for any special studies or assistance deemed necessary; and (2) Any successor government created and established shall, without the necessity or formality of deed, bill of sale, or other instrument of transfer, be and become the owner of all property, assets, and rights previously belonging to the City of Dalton and Whitfield County. (d) Notwithstanding any other provisions of this Act, the charter and consolidation commission and the charter proposed by the commission and subsequently adopted shall not: (1) Alter or affect the status of the Whitfield County School System, the Dalton Independent School System, the Board of Education for Whitfield County, the Board of GEORGIA LAWS 2011 SESSION 4107 Education for the Dalton Independent School System, or any provision of the Constitution or laws of the State of Georgia by which said school systems are constituted, empowered, or preserved or to transfer any of their powers, duties, or obligations; (2) Impair or diminish any pension or retirement rights for existing employees; or (3) Abolish the Office of Sheriff, Clerk of Superior Court, Judge of Probate Court, Chief Magistrate, or Tax Commissioner. (e) None of the foregoing limitations shall be construed as prohibiting the General Assembly from exercising any legislative power with respect to any municipality or to the said school districts, boards of education, Office of Sheriff, Clerk of Superior Court, Judge of Probate Court, Chief Magistrate, Tax Commissioner, pension rights, and homestead exemptions which existed prior to the adoption of this Act. (f) The powers granted in this Act to the charter and consolidation commission by the General Assembly are remedial in nature and shall be liberally construed to effectuate their purpose. SECTION 7. (a) The charter and consolidation commission shall be required to hold at least two public hearings to determine the sentiment of the citizens of the City of Dalton and Whitfield County regarding the work of the charter and consolidation commission. The first public hearing shall be held within 30 days of the issuance of the commission's final written report on the feasibility of establishing a single county-wide government within Whitfield County, and a second public hearing shall be held within 15 days of the submission of any proposed charter for such consolidated government to the Whitfield County Board of Elections and Registration. The charter and consolidation commission is authorized to hold more than two public hearings if it determines that additional public hearings are desirable. The charter and consolidation commission shall cause the date, time, and place of each such hearing to be advertised in the official organ of Whitfield County once a week for two consecutive weeks during the two weeks next preceding the week in which the public hearing is held. The charter and consolidation commission shall cause to be made a transcript of each public hearing held and shall file the same in its minutes and records. (b) Following issuance of the commission's final written report, the governing authorities of the City of Dalton and Whitfield County may, but shall not be required, to conduct separate public hearings to determine the sentiments of their citizens regarding the work of the charter and consolidation commission. Notice of such hearings shall be advertised in the same manner as required for hearings held by the charter and consolidation commission. Representatives of the charter and consolidation commission shall be invited to present the final report to such governing authorities. SECTION 8. (a) The charter and consolidation commission shall complete its studies and shall prepare, complete, and file any proposed charter no later than April 30, 2012; provided, however, that 4108 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II the above-described time period may be extended for such additional periods of time as may be authorized by resolutions duly adopted by the governing authorities of the City of Dalton and Whitfield County and may also be extended by an Act of the General Assembly and shall be automatically extended for a period of time equal to the period of time that any proposed charter shall be under consideration by the United States Department of Justice or by any courts. (b) Certified copies of the charter shall be filed by the charter and consolidation commission with the respective clerks of the governing authorities of the City of Dalton and Whitfield County and shall be authenticated by the signature of the chairperson of the charter and consolidation commission. Such copies shall be public records and shall be available for inspection or examination by any interested person. (c) The charter and consolidation commission shall also make available a copy of the charter to the Dalton Daily Citizen and to each radio or television station with an office located in Whitfield County. The commission shall take such other steps, as it deems reasonable and appropriate, to inform the public throughout the county of the contents of the proposed charter. The charter and consolidation commission may also cause a summary of the proposed charter to be printed in pamphlets or booklets and made available for general distribution throughout the county. (d) The charter and consolidation commission is authorized to adopt such rules and regulation as it deems necessary or desirable to carry out its powers and perform its duties and functions. (e) Following the completion of the proposed charter by the charter and consolidation commission and prior to the time of filing or submission thereof as provided in this Act, the same shall be presented for preclearance review by the United States Department of Justice as may be required by law. The failure of any proposed charter submitted by the charter and consolidation commission to the Department of Justice to obtain preclearance by the Department of Justice shall not prevent the charter and consolidation commission from revising said charter in a manner so as to enable the proposed charter to meet Department of Justice objections with respect thereof, and the charter and consolidation commission is empowered to redraft any such proposed charter in such manner so as to meet requirements for the Department of Justice's approval in the event that any initial proposed charter fails to obtain Department of Justice approval. SECTION 9. (a) A certified copy of the proposed charter shall be submitted by the commission to the Board of Elections and Registration of Whitfield County, and it shall be the duty of such Board to call and hold a referendum election for ratification or rejection of the proposed charter as provided in Section 10 of this Act. (b) The charter and consolidation commission shall be abolished by operation of law at midnight of the day the results of the special referendum election on the proposed charter GEORGIA LAWS 2011 SESSION 4109 become final and effective pursuant to the laws of the State of Georgia or December 31, 2012, whichever shall occur sooner. SECTION 10. (a) After receipt of the certified copy of the proposed charter and unless otherwise prohibited by the federal Voting Rights Act of 1965, as amended, the Board of Elections and Registration of Whitfield County shall call a special election for approval or rejection of the proposed charter to be held on the date of the state-wide general election in November, 2012. The Board of Elections and Registration shall cause the date and purpose of the election to be published once a week for two calendar weeks immediately preceding the date thereof in the official organ of Whitfield County. The ballot shall have written or printed thereon the following: "( ) YES Shall the charter reorganizing and consolidating the governments of the City of Dalton and Whitfield County and creating a single county-wide ( ) NO government to supersede and replace those governments be approved?" (b) All persons desiring to vote for approval of the charter shall vote "Yes," and those persons desiring to vote for rejection of the charter shall vote "No." The votes cast on such question by the qualified voters of Whitfield County residing within the corporate limits of the City of Dalton and the votes cast on such question by the qualified voters of Whitfield County shall be counted separately. If more than one-half of the votes cast by the qualified voters of Whitfield County residing within the corporate limits of the City of Dalton are for approval of the charter and if more than one-half of the total votes cast by the qualified voters residing within Whitfield County but without the corporate limits of the City of Dalton are for approval of the charter, then the charter shall become effective as to the City of Dalton and Whitfield County as provided therein, but not sooner than January 1, 2013. If the charter is not so approved or if the election is not conducted as provided in this section, then the charter shall be void and of no force and effect. The expense of such election shall be borne equally by the City of Dalton and Whitfield County. (c) The special election shall be conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." (d) The Board of Elections and Registration shall certify the returns to the Secretary of State. The Board of Elections and Registration shall also furnish a certified copy of the charter to the Secretary of State. The Secretary of State shall issue his or her proclamation showing and declaring the result of the election on the approval or rejection of the charter. One copy of the proclamation shall be attached to the copy of the charter certified to the Secretary of State. One copy of the proclamation shall be delivered to the clerk of the governing authority of the City of Dalton, who shall attach the same to the copy of the charter previously certified to him or her. One copy of the proclamation shall be delivered to the clerk of the governing authority of Whitfield County, who shall attach the same to the copy of the charter previously certified to him or her. 4110 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II (e) Whenever a charter for the consolidation of the governments of the City of Dalton and Whitfield County has been adopted, the above-certified copies thereof, with the proclamation of the Secretary of State of Georgia attached thereto, shall be deemed duplicate original copies of the charter of the consolidated government for all purposes. The certified copy of the charter and proclamation deposited with the clerks of the governing authorities of the City of Dalton, the municipalities participating in the commission, and Whitfield County shall subsequently be delivered by them to the successor government. The successor government may issue certified copies of the charter, and any copy so certified shall be deemed a duplicate original copy of the charter of the consolidated government for all purposes, the Secretary of State is authorized to issue certified copies of the charter on file with him or her, and copies so certified by him or her shall be deemed duplicate original copies of the charter of the consolidated government for all purposes. SECTION 11. In the event the proposed county-wide government charter is approved by voters as provided in Section 10 of this Act, an election shall be held in accordance with the provisions of the charter to elect the members of the governing authority of the county-wide government. Upon the election of the members of the governing authority and their taking office as the governing authority of the county-wide government as provided in the county-wide government charter, the existing governments of the City of Dalton and Whitfield County shall stand abolished, all in accordance with the provisions of the charter of the new county-wide government. SECTION 12. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced in the regular 2011 session of the Georgia General Assembly of Georgia a bill to create and establish the Dalton-Whitfield County Charter and Consolidation Commission and provide for its powers and duties and for other purposes. This 11th day of March, 2011. /s/ Roger Williams Representative District 4 Tom Dickson Representative District 6 GEORGIA LAWS 2011 SESSION 4111 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 12, 2011, 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 14th day of March 2011. s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL) Approved May 13, 2011. __________ CITY OF DALTON CONTINUE DALTON INDEPENDENT SCHOOL SYSTEM, DALTON INDEPENDENT SCHOOL DISTRICT, AND BOARD OF EDUCATION FOR THE DALTON INDEPENDENT SCHOOL DISTRICT. No. 231 (House Bill No. 574). AN ACT To continue the Dalton Independent School System, the Dalton Independent School District, and the Board of Education for the Dalton Independent School System; to provide for the powers and duties of the board; to provide for continuation in office of current board members; to provide for elections, qualifications, posts, and terms of office of members of the board; to provide for vacancies in office; to provide for meetings, organization, and procedures of the board; to provide for ad valorem taxation; to provide for resolutions, orders, rules, and regulations; to provide for existing rights, interests, obligations, and 4112 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II liabilities; to provide for submission under the Voting Rights Act of 1965, as amended; to provide effective dates; to provide for contingent automatic repeal; to repeal certain specific Acts; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. The Dalton Independent School System (sometimes known as the "Dalton Public Schools" and hereinafter referred to as the "school system") in Whitfield County, which was created pursuant to an Act to authorize the Mayor and Council of the City of Dalton to levy a tax for the purpose of establishing and maintaining public schools, approved September 28, 1881 (Ga. L. 1880-1881, p. 480), as amended, is hereby continued as an independent school system and a political subdivision of the State of Georgia as provided by this Act. SECTION 2. The territory and boundaries of the Dalton Independent School District (hereinafter referred to as the "school district") shall be the same as such existed on December 31, 2012. SECTION 3. (a) The Board of Education for the Dalton Independent School System (hereinafter referred to as the "board") is hereby continued in existence as provided by this Act. (b) The board shall have and exercise control and management of the school system in accordance with the provisions of this Act and the Constitution and general laws of the state. The board shall have all the powers and duties provided to local boards of education by the Constitution and general laws of the state. SECTION 4. (a) Those members of the board serving as such on December 31, 2012, and any person selected to fill a vacancy in any such office shall continue to serve as such members until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors. (b) On and after January 1, 2013, the board shall consist of five members, each of whom shall be elected at-large to designated posts as provided in this Act. At the time of qualifying, each candidate shall designate the post to which he or she seeks election. SECTION 5. (a) No person shall be a member of the board if that person is ineligible for such office pursuant to Code Sections 45-2-1 and 20-2-51 of the O.C.G.A. or any other general law applicable to that office. (b) In order to be elected or appointed as a member of the board, a person must have resided in the school district for at least 12 months prior to election or appointment thereto and, if GEORGIA LAWS 2011 SESSION 4113 elected, must receive the number of votes cast as required by general law for that office. Only electors who are residents of the school district may vote for a member of the board. At the time of qualifying for election as a member of the board, each candidate for such office shall specify the post for which that person is a candidate. A person elected or appointed as a member of the board must continue to reside in the school district during that person's term of office or that office shall become vacant. SECTION 6. (a)(1) The members of the board shall be elected as provided in this subsection. (2) The members from Posts 1 and 2 shall be elected at the general election on the Tuesday next following the first Monday in November, 2013. Those members of the board elected thereto from Posts 1 and 2 in 2013 shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 2016, and upon the election and qualification of their respective successors. (3) The members from Posts 3, 4, and 5 shall be elected at the general election on the Tuesday next following the first Monday in November, 2015. Those members of the board elected thereto from Posts 3, 4, and 5 in 2015 shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 2018, and upon the election and qualification of their respective successors. (4) Those and all future successors to members of the board whose terms of office are to expire shall be elected at the time of the state-wide general election immediately preceding the expiration of such terms, shall take office the first day of January immediately following that election, and shall serve for terms of office of four years each. Members of the board shall serve for the terms of office specified therefor in this subsection and until their respective successors are elected and qualified. (b) All members of the board who are elected thereto shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." (c) Any vacancy in office upon the board which occurs for any reason shall be filled by an eligible person selected by majority vote of the remaining board members, and the person so selected shall serve for the remainder of the unexpired term. SECTION 7. (a) At the first regular meeting of the board in January following each regular election, the newly elected members shall take their oaths of office. (b) At the first regular meeting of the board in January of each year, the board shall elect a chairperson, a vice chairperson, and a treasurer by a majority vote of its members. The chairperson, vice chairperson, and treasurer shall serve for a term of one year and may be reelected to such position thereafter. The chairperson shall preside at all meetings of the board. The vice chairperson shall serve as chairperson during any absence of the chairperson. 4114 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II (c) Three members of the board shall constitute a quorum for the transaction of business, although a smaller number may adjourn from time to time and compel the attendance of its members. (d) The affirmative vote of three members of the board shall be required for the passage of any resolution. (e) The board shall adopt rules of procedure governing the transaction of its business consistent with the provisions of this Act and any other applicable laws. The rules of the board shall provide for regular meetings which shall be held at least monthly and in accordance with the provisions of Code Section 20-2-58 of the O.C.G.A. and shall provide for any special meetings of the board. SECTION 8. Members of the board may receive salary and expenses as provided by Code Section 20-2-55 of the O.C.G.A. SECTION 9. (a) Pursuant to Article VIII, Section VI, Paragraph I of the Constitution, the board shall support and maintain the school system by levy of school taxes upon the assessed value of all taxable property within the school district; and the board shall annually certify to the consolidated government of Dalton and Whitfield County, as successor in interest to the governing authority of the former City of Dalton, the mill rate of the tax levy. The consolidated government of Dalton and Whitfield County, as successor in interest to the governing authority of the former City of Dalton, shall in all respects assume the responsibilities of the former municipality under Code Section 48-5-405 of the O.C.G.A. for purposes of levying, collecting, and remitting to the school system ad valorem taxes for support and maintenance of the school system. Funds so remitted to the school system shall be expended by the board only for those purposes authorized by Article VIII, Section VI, Paragraph I of the Constitution. (b) The mill limitation in effect on December 31, 2012, shall remain in effect unless and until provided otherwise in accordance with Article VIII, Section VI, Paragraph II of the Constitution. SECTION 10. Existing resolutions, orders, rules, and regulations of the board and the school system and any departments and agencies thereof, not inconsistent with the provisions of this Act, shall remain effective unless and until they are repealed, modified, or amended. SECTION 11. This Act shall not impair any right or obligation of any contract entered into prior to January 1, 2013; and the board shall continue to have such rights, interests, obligations, and GEORGIA LAWS 2011 SESSION 4115 liabilities of the board, including but not limited to rights and interests in real property, as existed on December 31, 2012. SECTION 12. The Board of Education for the Dalton Independent School System 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 13. (a) This section and Section 12 of this Act shall become effective upon approval of this Act by the Governor or upon its becoming law without such approval. (b)(1) Sections 1 through 11, 14, and 15 of this Act shall become effective only if a charter for a consolidated government of the City of Dalton and Whitfield County, abolishing the City of Dalton, is approved in a local referendum held on the date of the November, 2012, state-wide general election as provided by a local Act of the General Assembly creating the Dalton-Whitfield Charter Commission, in which event said sections of this Act shall become effective on January 1, 2013. (2) If the charter is not approved as provided in such local Act or the referendum is not held as provided in such local Act, then Sections 1 through 11, 14, and 15 of this Act shall not become effective and this Act shall stand repealed on January 1, 2013; provided, however, that any such automatic repeal of this Act shall have no effect on the continued existence of the Dalton Independent School System, the Dalton Independent School District, or the Board of Education for the Dalton Independent School System under other law. SECTION 14. (a) An Act to authorize the Mayor and Council of the City of Dalton to levy a tax for the purpose of establishing and maintaining public schools, approved September 28, 1881 (Ga. L. 1880-1881, p. 480), as amended, is hereby repealed. (b) An Act to provide for the levying of a tax for the maintenance of public schools in the City of Dalton, approved March 10, 1937 (Ga. L. 1937, p. 1729), is hereby repealed. (c) Any provision of an Act to consolidate, amend, and codify the various Acts incorporating the City of Dalton in the County of Whitfield, approved February 24, 1874 (Ga. L. 1874, p. 181), as amended, regarding the Dalton Independent School System, the Dalton Independent School District, or the Board of Education for the Dalton Independent School System which is in conflict with this Act is hereby repealed. SECTION 15. All laws and parts of laws in conflict with this Act are repealed. 4116 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 2011 session of the General Assembly of Georgia a bill to continue the Dalton Independent School System; and for other purposes. 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 18, 2011, 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 21st day of March 2011. s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL) Approved May 13, 2011. __________ CITY OF WAYCROSS CITY COMMISSION; CITIZENS' RIGHT TO ADDRESS COMMISSION. No. 233 (House Bill No. 591). AN ACT To amend an Act providing a new charter for the City of Waycross, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended, particularly by an Act approved April 13, 1989 (Ga. L. 1989, p. 4916), so as to provide that citizens of the City of Waycross GEORGIA LAWS 2011 SESSION 4117 shall have the right to address or speak to the city commissioners on official actions or other topics relating to the business of the city commission at meetings of the city commission by expressing their desire to speak no later than the beginning of the meeting at which such citizens desire to address or speak to the city commissioners; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing a new charter for the City of Waycross, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended, particularly by an Act approved April 13, 1989 (Ga. L. 1989, p. 4916), is amended by designating the present matter contained in Section 18 of the Act as subsection (a) and adding a new subsection (b) to read as follows: "(b) Any citizen of the City of Waycross shall have the right to address or speak to the city commissioners for not longer than five minutes on official actions or other topics relating to the business of the city commission at meetings of the city commission by expressing his or her desire to speak no later than the beginning of the meeting at which such citizen desires to address or speak to the city commissioners. The city commission may enact reasonable restrictions on the exercise of such right, including, but not limited to, decorum and identification of speakers; provided, however, that the city commission shall not impose any requirements that such citizens sign up or express their desire to speak at any earlier time or date than provided in this subsection." 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 2011 session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Waycross, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended, particularly by an Act approved April 13, 1989 (Ga. L. 1989, p. 4916), so as to provide that citizens of the City of Waycross shall have the right to address or speak to the city commissioners on official actions or other topics relating to the business of the city commission at meetings of the city commission by expressing their desire to speak no later than the beginning of the meeting at which such citizens desire to address or speak to the city commissioners; to provide for related matters; and for other purposes. This 18th day of March, 2011. 4118 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II J. Mark Hatfield Georgia State Representative District 177 Room 404 Coverdell Legislative Office Building Capitol Square Atlanta, Georgia 30334 (404) 656-0109 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mark Hatfield, who on oath deposes and says that he is the Representative from District 177 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Waycross Journal Herald which is the official organ of Ware County on March 19, 2011, and that the notice requirements of Code Section 28-1-14 have been met. s/ MARK HATFIELD Mark Hatfield Representative, District 177 Sworn to and subscribed before me, this 22nd day of March 2011. s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL) Approved May 13, 2011. __________ GEORGIA LAWS 2011 SESSION 4119 CITY OF CHATSWORTH CORPORATE LIMITS. No. 234 (House Bill No. 313). AN ACT To amend an Act entitled "An Act providing a new charter for the City of Chatsworth, approved August 20, 1923 (Ga. L. 1923, p. 529), as amended, particularly by an Act approved March 4, 1977 (Ga. L. 1977, p. 2865), so as to provide for the annexation of certain territory into the boundaries of the city; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act entitled "An Act providing a new charter for the City of Chatsworth, approved August 20, 1923 (Ga. L. 1923, p. 529), as amended, particularly by an Act approved March 4, 1977 (Ga. L. 1977, p. 2865), is amended by adding at the end of Section 2 a new paragraph to read as follows: "The corporate limits shall also include the following described territory: 'All of the right-of-way of Georgia Highway 52, also known as U.S. Highway 76, the Dalton - Chatsworth Highway, and the G.I. Maddox Parkway, from the intersection of said highway with the westerly right-of-way of U.S. Highway 411 in Land Lot 167 of the 9th District and 3rd Section of Murray County and proceeding westerly a distance of 3.2 miles to the intersection of said highway with the west lines of Land Lots 188 and 173 of the 9th District and 3rd Section of Murray 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 2011 session of the General Assembly of Georgia a bill to amend an Act entitled "An Act providing a new charter for the City of Chatsworth, approved August 20, 1923 (Ga. L. 1923, p.529), as amended; and for other purposes. Representative Tom Dickson District 6 4120 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II A BILL TO BE ENTITLED AN ACT To ammend an Act entitled "An Act providing a new charter for the City of Chatsworth, approved August 20, 1923 (Ga. L. 1923, p. 529), as amended, aprticularly by an Act approved March 4, 1077, (Ga. L. p. 2865), so as to provide for the annexation of certain territory into the boudaries of the city; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act entitled "An Act providing a new charter for the City of Chatsworth, approved August 20, a923 (Ga. L. 1923, p. 529), as amended particularly by an Act approved March 4, 1977 (Ga. L. 1977, p. 2865), is amended by adding at the end of Section 2 a new paragraph to read as follows: "The corpoate limits shall also include the following described territory: All of the right-of-way of Georgia Highway 52, also known as U.S. Highway 76, the Dalton Chatsworth Highway, and the G.I. Maddox Parrkway, from the intersection of said highway with the westerly right-of-way of U.S. Highway 411 in Land Lot 167 of the 9th District and 3rd Section of Murray County and proceeding westerly a distance of 3.2 miles to the intersection of said highway with the west lines of Land Lots 188 and 173 of the 9th District and 3rd Section of Murray County.' SECTION 2. 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, 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 Chatsworth Times which is the official organ of Murray County on February 16, 2011, and that the notice requirements of Code Section 28-1-14 have been met. s/ TOM DICKSON Tom Dickson Representative, District 6 GEORGIA LAWS 2011 SESSION 4121 Sworn to and subscribed before me, this 22nd day of February 2011. s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL) Approved May 13, 2011. __________ CITY OF PEACHTREE CITY CITY OF PEACHTREE CITY PUBLIC FACILITIES AUTHORITY; CREATION. No. 235 (House Bill No. 589). AN ACT To create the City of Peachtree City Public Facilities Authority and to provide for the appointment of members of the authority; to confer powers upon the authority; to authorize the issuance of revenue bonds of the authority and to authorize the collection for the payment of such revenue bonds; to make the revenue bonds of the authority exempt from taxation to fix and provide the venue and jurisdiction of actions relating to any provisions of this Act; to provide for the validation of bonds; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Short title. This Act shall be known and may be cited as the "City of Peachtree City Public Facilities Authority Act." SECTION 2. City of Peachtree City Public Facilities Authority. (a) There is created a public body corporate and politic to be known as the "City of Peachtree City Public Facilities Authority," which shall be deemed to be a political subdivision of the state and a public corporation, and by that name, style, and title said body 4122 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The authority shall have perpetual existence. (b) The authority shall consist of five members who shall be appointed by the mayor and council of the City of Peachtree City. City councilmembers and the mayor may be appointed as members of the authority. With respect to the initial appointment by the mayor and council of the City of Peachtree City, two members shall be appointed for a term of three years, two members shall be appointed for a term of two years, and one member shall be appointed for a term of one year. Thereafter, all appointments shall be made for terms of three years and until successors are appointed and qualified. Immediately after such appointments the members of the authority shall enter upon their duties. To be eligible for appointment as a member of the authority a person shall be at least 21 years of age, shall be a resident of the City of Peachtree City, Georgia, for at least two years prior to the date of his or her appointment, and shall not have been convicted of a felony. Any member of the authority may be selected and appointed to succeed himself or herself. (c) The mayor and council of the City of Peachtree City may provide by resolution for compensation for the services of the members of the authority in such amounts as they may deem appropriate; provided, however, that such members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. (d) The members of the authority shall elect one of their members to act as chairperson and another as vice chairperson. The members of the authority shall also elect a secretary, who need not be a member of the authority, and may also elect a treasurer, who need not be a member of the authority. The secretary may also serve as treasurer. If the secretary and treasurer are not members of the authority, such officers shall have no voting rights. Each of such officers shall serve for a period of one year and until their successors are duly elected and qualified. (e) Four members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the authority. SECTION 3. Definitions. As used in this Act, the term: (1) "Authority" means the City of Peachtree City Public Facilities Authority created by this Act. (2) "Costs of the project" means and embraces the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment; financing charges; interest prior to and during construction and for six months after completion of construction; the cost of engineering, architectural, fiscal agents, accounting, legal expenses, plans, specifications, and other expenses necessary or GEORGIA LAWS 2011 SESSION 4123 incidental to determining the feasibility or practicability of the project; administrative expenses and such other expenses as may be necessary or incident to the financing herein authorized; working capital; and all other costs necessary to acquire, construct, add to, extend, improve, equip, operate, and maintain the project. (3) "Project" means: (A) All buildings, facilities, and equipment necessary or convenient for the efficient operation of the City of Peachtree City, Georgia, or any department, agency, division, or commission thereof; and (B) Any undertaking permitted by the Revenue bond law. (4) "Revenue bond law" means the revenue bond laws of the State of Georgia found at Article 3 of Chapter 82 of Title 36 of the O.C.G.A. or any other similar law hereinafter enacted. (5) "Revenue bonds" means revenue bonds authorized to be issued pursuant to this Act. (6) "Self-liquidating" means any project which the revenues and earnings to be derived by the authority therefrom, including, but not limited to, any contractual payments with governmental or private entities, and all properties used, leased, and sold in connection therewith, together with any grants, will be sufficient to pay the costs of operating, maintaining, and repairing the project and to pay the principal and interest on the revenue bonds or other obligations which may be issued for the purpose of paying the costs of the project. (7) "State" means the State of Georgia. SECTION 4. Powers. The authority shall have the power: (1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, gift, condemnation, or otherwise, and to hold, operate, maintain, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights or easements therein, or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue, and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the authority, the authority being under no obligation to accept and pay for any property condemned under this Act, except from the funds provided under the authority of this Act, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceedings as may be just to the authority and to the owners of the property to be condemned, and no 4124 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II property shall be acquired under the provisions of this Act upon which any lien or encumbrance exists, unless at the time such property is so acquired a sufficient sum of money is to be deposited in trust to pay and redeem the fair value of such lien or encumbrances; (4) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and fix their respective compensations; (5) To execute contracts, leases, installment sale agreements, and other agreements and instruments necessary or convenient in connection with the acquisition, construction, addition, extension, improvement, equipping, operation, or maintenance of a project; and any and all persons, firms and corporations, and the City of Peachtree City, Georgia, are authorized to enter into contracts, leases, installment sale agreements, and other agreements or instruments with the authority upon such terms and for such purposes as they deem advisable and as they are authorized by law; (6) To acquire, construct, add to, extend, improve, equip, hold, operate, maintain, lease, and dispose of projects; (7) To pay the costs of the project with the proceeds of revenue bonds or other obligations issued by the authority or from any grant or contribution from the United States of America or any agency or instrumentality thereof or from the state or any agency or instrumentality or other political subdivision thereof or from any other source whatsoever; (8) To accept loans or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may require; (9) To accept loans or grants of money or materials or property of any kind from the state or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the state or such agency or instrumentality or political subdivision may require; (10) To borrow money for any of its corporate purposes and to issue revenue bonds, and to provide for the payment of the same and for the rights of the holders thereof; (11) To exercise any power usually possessed by private corporations performing similar functions, including the power to incur short-term debt and to approve, execute, and deliver appropriate evidence of any such indebtedness; and (12) To do all things necessary or convenient to carry out the powers expressly given in this Act. SECTION 5. Revenue bonds. The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created by this Act, shall have power and is authorized to provide by resolution for the issuance of revenue bonds of the authority GEORGIA LAWS 2011 SESSION 4125 for the purpose of paying all or any part of the costs of the project and for the purpose of refunding revenue bonds or other obligations previously issued. The principal of and interest on such revenue bonds shall be payable solely from the special fund provided for such payment. The revenue bonds of each issue shall be dated, shall bear interest at such rate or rates per annum, payable at such time or times, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution for the issuance of such revenue bonds. SECTION 6. Same; form; denomination; registration; place of payment. The authority shall determine the form of the revenue bonds and shall fix the denomination or denominations of the revenue bonds. The revenue bonds may be issued in coupon or registered form, or both, as the authority may determine, and provision may be made for registration and exchangeability privileges. The authority shall fix the place or places of payment of principal and interest thereon. SECTION 7. Same; signatures; seal. All such revenue bonds shall bear the manual or facsimile signature of the chairperson or vice chairperson of the authority and the attesting manual or facsimile signature of the secretary, assistant secretary, or secretary-treasurer of the authority, and the official seal of the authority shall be impressed or imprinted thereon. Any coupons attached thereto shall bear the manual or facsimile signatures of the chairperson or vice chairperson and the secretary, assistant secretary or secretary-treasurer of the authority. Any revenue bonds or coupons attached thereto may bear the manual or facsimile signature of such persons as at the actual time of the execution of such revenue bonds or coupons shall be duly authorized or hold the proper office, although at the date of issuance of such revenue bonds such person may not have been so authorized or shall not have held such office. In case any officer whose signature shall appear on any revenue bond or any coupon shall cease to be such officer before the delivery of such revenue bond, such signature shall nevertheless be valid and sufficient for all purposes, the same as if that person had remained in office until such delivery. 4126 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 8. Same; negotiability; exemption from taxation. All revenue bonds shall have and are declared to have all the qualities and incidents of negotiable instruments under the laws of the state. All revenue bonds, their transfer, and the income therefrom shall be exempt from all taxation within the state. SECTION 9. Same; sale; price; proceeds. The authority may sell revenue bonds in such manner and for such price as it may determine to be in the best interest of the authority. The proceeds derived from the sale of revenue bonds shall be used solely for the purpose or purposes provided in the resolutions and proceedings authorizing the issuance of such revenue bonds. SECTION 10. Same; interim receipts and certificates or temporary bonds. Prior to the preparation of any definitive revenue bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary revenue bonds, with or without coupons, exchangeable for definitive revenue bonds upon the issuance of the latter. SECTION 11. Same; replacement of lost or mutilated bonds. The authority may provide for the replacement of any revenue bonds or coupons which shall become mutilated or be destroyed or lost. SECTION 12. Same; conditions precedent to issuance. The authority shall adopt a resolution authorizing the issuance of the revenue bonds. In the resolution, the authority shall determine that the project financed with the proceeds of the revenue bonds is self-liquidating. Revenue bonds may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions, and things which are specified or required by this Act. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the authority by a majority of its members. GEORGIA LAWS 2011 SESSION 4127 SECTION 13. Credit not pledged. Revenue bonds shall not be deemed to constitute a debt of the City of Peachtree City, Georgia, nor a pledge of the faith and credit of the city, but such revenue bonds shall be payable solely from the fund provided for in this Act. The issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the city to levy or to pledge any form of taxation whatsoever for payment of such revenue bonds or to make any appropriation for their payment, and all such revenue bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. Notwithstanding the foregoing provisions, this Act shall not affect the ability of the authority and any political subdivision or municipality to enter into an intergovernmental contract pursuant to which the political subdivision or municipality agrees to pay amounts sufficient to pay operating charges and other costs of the authority or any project including, without limitation, the principal of and interest on revenue bonds in consideration for services or facilities of the authority. SECTION 14. Trust indenture as security. In the discretion of the authority, any issuance of revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company inside or outside the state. Either the resolution providing for the issuance of the revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition and construction of the project, the maintenance, operation, repair, and insuring of the project, and the custody, safeguarding, and application of all moneys. SECTION 15. To whom proceeds of bonds shall be paid. In the resolution providing for the issuance of revenue bonds or in the trust indenture, the authority shall provide for the payment of the proceeds of the sale of the revenue bonds to any officer or person who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes thereof subject to such regulations as this Act and such resolution or trust indenture may provide. 4128 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 16. Sinking fund The moneys received pursuant to an intergovernmental contract and the revenues, fees, tolls, charges, and earnings derived from any particular project or projects, regardless of whether or not such revenues, fees, tolls, fines, charges, and earnings were produced by a particular project for which revenue bonds have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance of the revenue bonds or in the trust indenture may provide, and such funds so pledged from whatever source received shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund, which sinking fund shall be pledged to and charged with the payment of: (1) The interest upon such revenue bonds as such interest shall fall due; (2) The principal or purchase price of such revenue bonds as the same shall fall due; (3) Any premium upon such revenue bonds as the same shall fall due; (4) The purchase of such revenue bonds in the open market; and (5) The necessary charges of the paying agent for paying principal and interest. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. SECTION 17. Remedies of bondholders. Any holder of revenue bonds or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the revenue bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the state, including specifically but without limitation the revenue bond law, or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture to be performed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, fines, and other charges for the use of the facilities and services furnished. GEORGIA LAWS 2011 SESSION 4129 SECTION 18. Validation. Revenue bonds and the security therefor shall be confirmed and validated in accordance with the procedure of revenue bond law. The petition for validation shall also make a party defendant to such action the state; any institution, department, or other agency thereof; and any county, municipality, school district, or other political subdivision or authority of the state which has contracted with the authority for services or facilities relating to the project for which revenue bonds are to be issued and sought to be validated, and such defendant shall be required to show cause, if any exists, why such contract or contracts shall not be adjudicated as a part of the basis for the security for the payment of any such revenue bonds. The revenue bonds when validated and the judgment of validation shall be final and conclusive with respect to such revenue bonds and the security for the payment thereof and interest thereon and against the authority and all other defendants. SECTION 19. Venue and jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such authority shall be brought in the Superior Court of Fayette County, Georgia, and any action pertaining to validation of any revenue bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions. SECTION 20. Interest of bondholders protected. While any of the revenue bonds issued by the authority remain outstanding, the powers, duties, or existence of the authority or its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such revenue bonds, and no other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interest and rights of the holders of such revenue bonds, nor will the state itself so compete with the authority. The provisions of this Act shall be for the benefit of the authority and the holders of any such revenue bonds and upon the issuance of such revenue bonds under the provisions hereof shall constitute a contract with the holders of such revenue bonds. 4130 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 21. Moneys received considered trust funds. All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenue, income, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act. SECTION 22. Purpose of the authority. Without limiting the generality of any provision of this Act, the general purpose of the authority is declared to be that of providing buildings, facilities, equipment, and services for the citizens of the City of Peachtree City, Georgia. SECTION 23. Rates, charges, and revenues; use. The authority is authorized to prescribe and fix rates and to revise the same from time to time and to collect revenues, tolls, fees, and charges for the services, facilities, and commodities furnished and, in anticipation of the collection of the revenues, to issue revenue bonds or other types of obligations as herein provided to finance, in whole or in part, the costs of the project and to pledge to the punctual payment of said revenue bonds or other obligations all or any part of the revenues. SECTION 24. Rules; regulations; service policies; and procedures for operation of projects. It shall be the duty of the authority to prescribe or cause to be prescribed rules, regulations, service policies, and procedures for the operation of any project or projects constructed or acquired under the provisions of this Act. The authority may adopt bylaws. SECTION 25. Tort immunity. To the extent permitted by law, the authority shall have the same immunity and exemption from liability for torts and negligence as the City of Peachtree City, Georgia; and the officers, agents, and employees of the authority when in the performance of the work of the authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of the City of Peachtree City, Georgia, when in the performance of their public duties or the work of the city. GEORGIA LAWS 2011 SESSION 4131 SECTION 26. Tax-exempt status of the authority. The properties of the authority, both real and personal, are declared to be public properties used for the benefit and welfare of the people of the state and not for purposes of private or corporate benefit and income, and such properties and the authority shall be exempt from all taxes and special assessments of any municipality, county, or the state and any political subdivision thereof. SECTION 27. Effect on other governments. This Act shall not and does not in any way take from the City of Peachtree City, Georgia, or any political subdivision or municipality the authority to own, operate, and maintain public facilities or to issue revenue bonds as provided by the revenue bond law. SECTION 28. Liberal construction of Act. This Act, being for the welfare of various political subdivisions and municipalities of the state and its inhabitants, shall be liberally construed to effect the purposes hereof. SECTION 29. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 31. Repealer. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION GEORGIA, FAYETTE COUNTY Pursuant to Article III, Section V, Paragraph IX of the Constitution of the State of Georgia of 1983 and O.C.G.A. 28-1-14, notice is given that there will be introduced at the regular 2011 session of the General Assembly of Georgia a bill to create the City of Peachtree City Public Facilities Authority to provide for related matters; and for other purposes. 4132 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II Hon. Virgil L. Fludd, Representative, District 66, Georgia House of Representatives GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Matt Ramsey, who on oath deposes and says that he is the Representative from District 72 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Fayette County News which is the official organ of Fayette County on March 8, 2011, and that the notice requirements of Code Section 28-1-14 have been met. s/ MATT RAMSEY Matt Ramsey Representative, District 72 Sworn to and subscribed before me, this 14th day of March 2011. s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL) Approved May 13, 2011. __________ CITY OF MENLO NEW CHARTER. No. 236 (House Bill No. 436). AN ACT To provide a new charter for the City of Menlo; 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 GEORGIA LAWS 2011 SESSION 4133 matters relative thereto; to provide for administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, and other personnel and matters relating thereto; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof and other matters relative to those judges; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; to provide for elections; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for auditing, accounting, budgeting, and appropriations; to provide for city contracts and purchasing; to provide for the conveyance of property and interests therein; to provide for bonds for officials; to provide for prior ordinances and rules, pending matters, and existing personnel; to provide for penalties; to provide for definitions and construction; to provide for severability; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I INCORPORATION AND POWERS SECTION 1.10. Name. This city, and the inhabitants thereof, are reincorporated by the enactment of this charter and are hereby constituted and declared a body politic and corporate under the name and style City of Menlo, Georgia, and by that name shall have perpetual succession. SECTION 1.11. Corporate boundaries. (a) The boundaries of this city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The boundaries of this city at all times shall be shown on a map, a written description or any combination thereof, to be retained permanently in the office of the city clerk and to be designated, as the case may be: "Official Map (or Description) of the corporate limits of the City of Menlo, 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. 4134 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. 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, fire safety, electrical, gas, and heating and air conditioning codes; and to regulate all housing, and building trades. (d) Business regulation and taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees. (e) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any 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. (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 GEORGIA LAWS 2011 SESSION 4135 reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city. (h) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of the city, the region, and the state through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of stormwater and establishment of a stormwater utility, the management of solid and hazardous waste, and other necessary actions for the protection of the environment. (i) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof. (j) Garbage fees. To levy, fix, assess, and collect a garbage, refuse and trash collection and disposal, and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges. (k) General health, safety and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city, and to provide for the enforcement of such standards; (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, to provide for the use of pretrial diversion and any alternative sentencing allowed by law, or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials. (o) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city. (p) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same. (q) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia. 4136 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II (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. (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, stormwater management, gas works, electric light plants, cable television and other telecommunications, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties, and to provide for the withdrawal of service for refusal or failure to pay the same. (u) Nuisance. To define a nuisance and provide for its abatement whether on public or private property. (v) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia. (w) Planning and zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community. (x) Police and fire protection. To exercise the power of arrest through duly appointed police officers, and to establish, operate, or contract for a police and a firefighting agency. (y) Public hazards: removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public. (z) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; and to provide any other public improvements, inside or outside the corporate limits of the city; to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted. (aa) Public peace. To provide for the prevention and punishment of loitering, disorderly conduct, drunkenness, riots, and public disturbances. (bb) Public transportation. To organize and operate such public transportation systems as are deemed beneficial. (cc) Public utilities and services. To grant franchises or make contracts for, or impose taxes on public utilities and public service companies; and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission. GEORGIA LAWS 2011 SESSION 4137 (dd) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances. (ee) Retirement. To provide and maintain a retirement plan and other employee benefit plans and programs for officers and employees of the city. (ff) Roadways. To lay out, open, extend, widen, narrow, establish, or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to grant franchises and rights-of-way throughout the streets and roads, and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands, and to impose penalties for failure to do so. (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 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, the manufacture and sale of intoxicating liquors; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; to license and tax professional fortunetelling, palmistry, and massage parlors; and to restrict adult bookstores to certain areas. (jj) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements. (kk) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation. (ll) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law. (mm) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public 4138 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles. (nn) Urban redevelopment. To organize and operate an urban redevelopment program. (oo) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary 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 provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia. ARTICLE II GOVERNMENT STRUCTURE SECTION 2.10. City council creation; number; election. The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and five councilmembers. The city council established shall in all respects be a successor to and continuation of the governing authority under prior law. The mayor and councilmembers shall be elected in the manner provided by general law and this charter. SECTION 2.11. City council terms and qualifications for office. The mayor and members of the city 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 city for 12 months prior to the date of election of mayor or members of the council; each shall continue to reside GEORGIA LAWS 2011 SESSION 4139 therein during that member's period of service and to be registered and qualified to vote in municipal elections of this city. SECTION 2.12. Vacancy; filling of vacancies. (a) Vacancies. The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or occurrence of any event specified by the Constitution of the State of Georgia, Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted. (b) Filling of vacancies. A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, by appointment by the city council or those members remaining if less than 12 months remains in the unexpired term. If such vacancy occurs 12 months or more prior to the expiration of the term of that office, it shall be filled for the remainder of the unexpired term by a special election, as provided for in Section 5.14 of this charter and in accordance with Titles 21 and 45 of the O.C.G.A., or other such laws as are or may hereafter be enacted. (c) 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. 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; 4140 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II (3) Disclose confidential information, including information obtained at meetings which are closed pursuant to Chapter 14 of Title 50 of the O.C.G.A., concerning the property, government, or affairs of the governmental body by which the official is engaged without proper legal authorization; or use such information to advance the financial or other private interest of the official or others; (4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation which to the official's knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which the official is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which the official has a financial interest. (c) Disclosure. Any elected official, appointed officer, or employee who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such interest to the city council. The mayor or any councilmember who has a financial interest in any matter pending before the city council shall disclose such interest and such disclosure shall be entered on the records of the city council, and that official shall disqualify 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 or profit but shall use such property only in their capacity as an officer or employee of the city. (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 appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which that official was elected. No former mayor and no former councilmember shall hold any appointive office in the city until one year after the expiration of the term for which that official was elected. (g) Political activities of certain officers and employees. No appointive officer of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. No employee of the city shall continue in such employment upon GEORGIA LAWS 2011 SESSION 4141 qualifying for or election to any public office in this city or any other public office which is inconsistent, incompatible, or in conflict with the duties of the city employee. Such determination shall be made by the mayor and 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. (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 Menlo and may enforce such ordinances by imposing penalties for violation thereof. SECTION 2.17. Eminent domain. The city council is hereby empowered to acquire, construct, operate and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, 4142 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities, and any other public improvements inside or outside the city, and to regulate the use thereof, and for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future. SECTION 2.18. Organizational meetings. The city council shall hold an organizational meeting at its first meeting of each even-numbered year. The meeting shall be called to order by the city clerk and the oath of office shall be administered to the newly elected members by a judicial officer authorized to administer oaths and shall, to the extent that it comports with federal and state law, be as follows: "I do solemnly (swear)(affirm) that I will faithfully perform the duties of (mayor)(councilmember) of this city and that I will support and defend the charter thereof as well as the constitution and laws of the State of Georgia and of the United States of America. I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof. I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I by the laws of the State of Georgia am prohibited from holding. I am otherwise qualified to hold said office according to the Constitution and laws of Georgia. I have been a resident of the City of Menlo for the time required by the Constitution and laws of this state and by the municipal charter. I will perform the duties of my office in the best interest of the City of Menlo to the best of my ability without fear, favor, affection, reward, or expectation thereof." SECTION 2.19. Regular and special meetings. (a) The city council shall hold regular meetings at such times and places as shall be prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or 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 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 councilmembers presence. Only the business stated in the call may be transacted at the special meeting. GEORGIA LAWS 2011 SESSION 4143 (c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be made fully as is reasonably possible as provided by Code Section 50-14-1 of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted. SECTION 2.20. Rules of procedure. (a) The city council shall adopt its rules of procedure and order of business consistent with the provisions 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. (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 any member of the city council shall have the right to request a roll call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three councilmembers shall be required for the adoption of any ordinance, resolution, or motion. (b) 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. SECTION 2.22. 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 Menlo" 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 4144 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 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 councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate. SECTION 2.23. Action requiring an ordinance. Acts of the city council which have the force and effect of law shall be enacted by ordinance. SECTION 2.24. Emergencies. (a) To meet a public emergency affecting life, health, property or public peace, the city council may convene on call of the mayor or three councilmembers and 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. GEORGIA LAWS 2011 SESSION 4145 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 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 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 Menlo, 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. 4146 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 2.27. Election of mayor; forfeiture; compensation. 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 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 2.28. Mayor pro tem. By a majority vote, the city council shall elect a councilmember to serve as mayor pro tem. The mayor pro tem 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 tem shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest as provided in Section 2.14 of this charter. When acting as mayor, the mayor pro tem shall continue to have a vote as a member of the city council. SECTION 2.29. Powers and duties of mayor. The mayor shall: (a) Preside at all meetings of the city council; (b) 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; (c) Have the 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 are required to be in writing; (e) Vote on matters before the city council only in the case of a tie and shall not be counted toward a quorum as other councilmembers; (f) Prepare and submit to the city council a recommended annual operating budget and recommended capital budget; and (g) Fulfill such other executive and administrative duties as the city council shall by ordinance establish. GEORGIA LAWS 2011 SESSION 4147 ARTICLE III ADMINISTRATIVE AFFAIRS SECTION 3.10. Administrative and service departments. (a) Except as otherwise provided in this charter, the city council, by ordinance, shall prescribe the functions or duties, and establish, abolish, alter, consolidate, or leave vacant all nonelective offices, positions of employment, departments, and agencies of the city, as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance or resolution. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision 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 3.11. Boards, commissions, and authorities. (a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary, and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or by law. 4148 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II (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 members of the city council unless otherwise provided by law. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairperson and one member as vice chairperson, and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city. SECTION 3.12. City attorney. The city council shall appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for providing for the representation and defense of the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the 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. (a) 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. (b) The person serving as city recorder on the effective date of this charter shall serve out the term to which he or she was elected which term shall end on December 31, 2011. No election shall be held to elect a successor to such person in 2011. After December 31, 2011, the office of city recorder shall be abolished. GEORGIA LAWS 2011 SESSION 4149 SECTION 3.14. Position classification and pay plans. The mayor shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the city council for approval. Such plan may apply to all employees of the city and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the city council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. For purposes of this section, all elected and appointed city officials are not city employees. SECTION 3.15. Personnel policies. All employees serve at-will and may be removed from office at any time unless otherwise provided by ordinance. ARTICLE IV JUDICIAL BRANCH SECTION 4.10. Creation; name. Upon the passage of an appropriate ordinance or resolution by the mayor and council determining that there is a need for a municipal court and authorizing the implementation of such court, there shall be a court to be known as the Municipal Court of the City of Menlo. 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 2.20 of this charter. 4150 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II SECTION 4.12. Convening. The municipal court shall be convened at regular intervals as provided by ordinance. SECTION 4.13. Jurisdiction; powers. (a) The municipal court shall have jurisdiction and authority to try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 180 days, or both such fine and imprisonment, or may fix punishment by fine, imprisonment or, alternative sentencing as now or hereafter provided by law. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation, and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court, and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for that 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. GEORGIA LAWS 2011 SESSION 4151 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 Chattooga 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 said proceedings. ARTICLE V ELECTIONS AND REMOVAL SECTION 5.10. Applicability of general law. All primaries and elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the Georgia Election Code, as now or hereafter amended. SECTION 5.11. Election of the city council and mayor. (a) There shall be a municipal general election annually on the Tuesday next following the first Monday in November. (b) The mayor and councilmembers in office on the effective date of this charter shall serve out the terms to which they were elected. (c) In the November, 2011, municipal general election, successors shall be elected for the mayor and the councilmembers holding Seats 1 and 2 on the council. Such successors shall take office on the first day of January, 2012, and serve for a term of two years and until their respective successors are elected and qualified. Thereafter successors to the mayor and councilmembers holding Seats 1 and 2 on the council shall be elected at the November municipal general election occurring immediately prior to the end of their terms of office, and such successors shall take office on the first day of January immediately following such 4152 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II election and shall serve terms of two years and until their respective successors are elected and qualified. (d) At the November, 2012, municipal general election, successors shall be elected for the councilmembers holding Seats 3, 4, and 5 on the council. Such successors shall take office on the first day of January, 2013, and serve for terms of two years and until their respective successors are elected and qualified. Thereafter successors to the councilmembers holding Seats 3, 4, and 5 on the council shall be elected at the November municipal general election occurring immediately prior to the end of their terms of office, and such successors shall take office on the first day of January immediately following such election and shall serve terms of two years and until their respective successors are elected and qualified. SECTION 5.12. Non-partisan elections. Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party designations. SECTION 5.13. Election by plurality. The person receiving a plurality of the votes cast for any city office shall be elected. SECTION 5.14. 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 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 2011 SESSION 4153 SECTION 5.16. Removal of officers. (a) The mayor, councilmembers, or other appointed officers provided for in this charter shall be removed from office for any one or more of the causes provided in Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted. (b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods: (1) Following a hearing at which an impartial panel shall render a decision. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. The city council shall provide by ordinance for the manner in which such hearings shall be held. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the city council to the Superior Court of Chattooga 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 Chattooga County following a hearing on a complaint seeking such removal brought by any resident of the City of Menlo. ARTICLE VI FINANCE SECTION 6.10. Property tax. The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion. SECTION 6.11. Millage rate; due dates; payment methods. The city council, by ordinance, shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council, by ordinance, may provide for the payment of these taxes by two installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due. 4154 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 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 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 2011 SESSION 4155 SECTION 6.15. Service charges. The city council by ordinance shall have the power to assess and collect fees, charges, assessments, and tolls for sewers, sanitary and health services, or any other services provided or made available within and without the corporate limits of the city. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. SECTION 6.16. Special assessments. The city council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners. If unpaid, such charges shall be collected as provided in Section 6.18 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.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 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. 4156 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 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 unless otherwise provided by state or federal law. SECTION 6.24. Preparation of budgets. The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement plan, and a capital budget, including requirements as to the scope, content, and form of such budgets and plans. GEORGIA LAWS 2011 SESSION 4157 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 budget and the capital budget hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection. SECTION 6.26. Action by city council on budget. (a) The city council may amend the operating budget proposed by the mayor; except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions 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 15th day of June of each year. If the city council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.24 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 ordinances shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances and 4158 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of this city. SECTION 6.28. Changes in appropriations. The city council by ordinance may make changes in the appropriations contained in the current operating budget at any regular, special, or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unexpended surplus. SECTION 6.29. Capital budget. (a) On or before the date fixed by the city council but no later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed capital improvements plan with a recommended capital budget containing the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have power to accept, with or without amendments, or reject the proposed plan and proposed budget. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital budget, except to meet a public emergency as provided in Section 2.24 of this charter. (b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than the 15th day of June of each year. No appropriation provided for in a prior capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance. SECTION 6.30. Independent audit. There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted auditing principles. Any audit of any funds by the state or federal 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 2011 SESSION 4159 SECTION 6.31. Contracting procedures. No contract with the city shall be binding on the city unless: (a) It is in writing; (b) It is drawn by or submitted to and reviewed by the city attorney and, as a matter of course, is signed by the city attorney to indicate such drafting or review; and (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 2.21 of this charter. SECTION 6.32. Centralized purchasing. The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city. SECTION 6.33. Sale and lease of city property. (a) The city council may sell and convey, or lease any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending or widening any street, avenue, alley, or public place of the city, a small parcel or tract of land is cut-off or separated by such work from a larger tract or boundary 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. 4160 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II ARTICLE VII GENERAL PROVISIONS SECTION 7.10. Bonds for officials. The officers and employees of this city, both elective and appointive, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law. SECTION 7.11. Prior ordinances. All ordinances, resolutions, rules and regulations now in force in the city not inconsistent with this charter are hereby declared valid and of full effect and force until amended or repealed by the city council. SECTION 7.12. Existing personnel and officers. Except as specifically provided otherwise by this charter, all personnel and officers of the city and their rights, privileges, and powers shall continue beyond the time this charter takes effect for a period of 60 days before or during which the existing city council shall pass a transition ordinance detailing the changes in personnel and appointive officers required or desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition. SECTION 7.13. Pending matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be provided by the city council. SECTION 7.14. Construction. (a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word "shall" is mandatory and the word "may" is permissive. GEORGIA LAWS 2011 SESSION 4161 (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 Menlo, approved August 11, 1903 (Ga. L. 1903, p. 588), is hereby repealed in its entirety and all amendatory acts thereto are likewise repealed in their entirety. All other laws and parts of laws in conflict with this charter are hereby repealed. SECTION 7.17. Effective date. This charter shall become effective on July 1, 2011. 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 2011 session of the General Assembly of Georgia a bill to provide a new charter for the City of Menlo; 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 4162 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II tempore and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, and other personnel and matters relating thereto; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof and other matters relative to those judges; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; to provide for elections; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for auditing, accounting, budgeting, and appropriations; to provide for city contracts and purchasing; to provide for the conveyance of property and interests therein; to provide for bonds for officials; to provide for prior ordinances and rules, pending matters, and existing personnel; to provide for penalties; to provide for definitions and construction; to provide for severability; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for effective dates; and for other purposes. Barbara Massey Reece Representative Barbara Reece District 11 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Barbara Reece, who on oath deposes and says that she is the Representative from District 11 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Summerville News which is the official organ of Chattooga County on February 24, 2011, and that the notice requirements of Code Section 28-1-14 have been met. s/ BARBARA REECE Barbara Reece Representative, District 11 Sworn to and subscribed before me, this 28th day of February 2011. s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL) GEORGIA LAWS 2011 SESSION 4163 Approved May 13, 2011. __________ CITY OF SNELLVILLE HOTEL/MOTEL TAX. No. 237 (House Bill No. 587). AN ACT To authorize the governing authority of the City of Snellville 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 Snellville 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 2010-07 of the governing authority of the City of Snellville 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 2010-07: (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 Snellville or by such other entity authorized to administer and expend the proceeds of such 4164 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II 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 2011 session of the General Assembly of Georgia a bill to authorize the City of Snellville to levy an excise tax pursuant to O.C.G.A. 48-13-51(b) 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 city 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 pursuant to O.C.G.A. 48-13-51(b), as amended; to provide effective dates; to provide for automatic repeal under certain circumstances; and for other purposes. State Representative Brett Harrell 106th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Brett Harrell, who on oath deposes and says that he is the Representative from District 106 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 4, 2011, and that the notice requirements of Code Section 28-1-14 have been met. s/ BRETT HARRELL Brett Harrell Representative, District 106 GEORGIA LAWS 2011 SESSION 4165 Sworn to and subscribed before me, this 14th day of March 2011. s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires July 29, 2011 (SEAL) Approved May 13, 2011. __________ HOME RULE ORDINANCES OF COUNTIES AND CONSOLIDATED GOVERNMENTS GEORGIA LAWS 2011 SESSION 4169 RABUN COUNTY FLOOD DAMAGE PREVENTION. FLOOD DAMAGE PREVENTION ORDINANCE ARTICLE 1. STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND OBJECTIVES SECTION A. AUTHORIZATION Article IX, Section II of the Constitution of the State of Georgia and Section 36-1-20(a) of the Official Code of Georgia Annotated have delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the Board of Commissioners of Rabun County, Georgia, does ordain as follows: SECTION B. FINDINGS OF FACT (1) The flood hazard areas of Rabun County, Georgia are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood relief and protection, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. (2) These flood losses are caused by the occupancy in flood hazard areas of uses vulnerable to floods, which are inadequately elevated, flood-proofed, or otherwise unprotected from flood damages, and by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities. SECTION C. STATEMENT OF PURPOSE It is the purpose of this ordinance to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1) require that uses vulnerable to floods, including facilities, which serve such uses, be protected against flood damage at the time of initial construction; (2) restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, or which increase flood heights, velocities, or erosion; (3) control filling, grading, dredging and other development which may increase flood damage or erosion, and; (4) prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands; 4170 COUNTY HOME RULE ORDINANCES (5) control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of floodwaters. SECTION D. OBJECTIVES The objectives of this ordinance are: (1) to protect human life and health; (2) to minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; (3) to help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize flood blight areas, (4) to minimize expenditure of public money for costly flood control projects; (5) to minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (6) to minimize prolonged business interruptions, and; (7) to insure that potential homebuyers are notified that property is in a flood area. ARTICLE 2. GENERAL PROVISIONS SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES This ordinance shall apply to all Areas of Special Flood Hazard within the jurisdiction of Rabun County, Georgia. SECTION B. BASIS FOR AREA OF SPECIAL FLOOD HAZARD The Areas of Special Flood Hazard identified by the Federal Emergency Management Agency in its Flood Insurance Study (FIS), dated September 17, 2010 with accompanying maps and other supporting data and any revision thereto, are adopted by reference and declared a part of this ordinance. For those land areas acquired by a municipality through annexation, the current effective FIS dated September 17, 2010 with accompanying maps and other supporting data and any revision thereto, for unincorporated Rabun County are hereby adopted by reference. Areas of Special Flood Hazard may also include those areas known to have flooded historically or defined through standard engineering analysis by governmental agencies or private parties but not yet incorporated in FIS (county road map or topographic map) GEORGIA LAWS 2011 SESSION 4171 The Repository for public inspection of the Flood Insurance Study (FIS), accompanying maps and other supporting data is located in the office of the planning and zoning administrator. SECTION C. ESTABLISHMENT OF DEVELOPMENT PERMIT A Development Permit shall be required in conformance with the provisions of this ordinance PRIOR to the commencement of any Development activities. SECTION D. COMPLIANCE No structure or land shall hereafter be located, extended, converted or altered without full compliance with the terms of this ordinance and other applicable regulations. SECTION E. ABROGATION AND GREATER RESTRICTIONS This ordinance is not intended to repeal, abrogate, or impair any existing ordinance, easements, covenants, or deed restrictions. However, where this ordinance and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail. SECTION F. INTERPRETATION In the interpretation and application of this ordinance all provisions shall be: (1) considered as minimum requirements; (2) liberally construed in favor of the governing body, and; (3) deemed neither to limit nor repeal any other powers granted under state statutes. SECTION G. WARNING AND DISCLAIMER OF LIABILITY The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur; flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the Areas of Special Flood Hazard or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of Rabun County or by any officer br employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. SECTION H. PENALTIES FOR VIOLATION Failure to comply with the provisions of this ordinance or with any of its requirements, including conditions and safeguards established in connection with grants of variance or 4172 COUNTY HOME RULE ORDINANCES special exceptions shall constitute a violation. Any person who violates this ordinance or fails to comply with any of its requirements shall, upon conviction thereto, be fined not more than $1,000 or imprisoned for not more than 30 days, or both, and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent Rabun County from taking such other lawful actions as is necessary to prevent or remedy any violation. ARTICLE 3. ADMINISTRATION SECTION A. DESIGNATION OF ORDINANCE ADMINISTRATOR The planning and zoning administrator of Rabun County is hereby appointed to administer and implement the provisions of this ordinance. SECTION B. PERMIT PROCEDURES Application for a Development Permit shall be made to the planning and zoning administrator on forms furnished by Rabun County PRIOR to any development activities, and may include, but not be limited to the following: plans in duplicate drawn to scale showing the elevations of the area in question and the nature, location, dimensions, of existing or proposed structures, earthen fill placement, storage of materials or equipment, and drainage facilities. Specifically, the following information is required: (1) Application Stage (a) Elevation in relation to mean sea level (or highest adjacent grade) of the lowest floor, including basement, of all proposed structures; (b) Elevation in relation to mean sea level to which any non-residential structure will be flood-proofed; (c) Design certification from a registered professional engineer or architect that any proposed non-residential flood-proofed structure will meet the flood-proofing criteria of Article 4, Section B (2); (d) Description of the extent to which any watercourse will be altered or relocated as a result of a proposed development, and; (2) Construction Stage For all new construction and substantial improvements, the permit holder shall provide to the Administrator an as-built certification of the regulatory floor elevation or flood-proofing level immediately after the lowest floor or flood proofing is completed. Any lowest floor certification made relative to mean sea level shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by same. When flood proofing is utilized for non-residential structures, said GEORGIA LAWS 2011 SESSION 4173 certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. Any work undertaken prior to submission of these certifications shall be at the permit holder's risk. The planning and zoning administrator shall review the above referenced certification data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further progressive work being allowed to proceed. Failure to submit certification or failure to make said corrections required hereby, shall be cause to issue a stop-work order for the project. SECTION C. DUTIES AND RESPONSIBILITIES OF THE ADMINISTRATOR Duties of the planning and zoning administrator shall include, but shall not be limited to: (1) Review proposed development to assure that the permit requirements of this ordinance have been satisfied. (2) Review proposed development to assure that all necessary permits have been received from governmental agencies from which approval is required by Federal or State law, including section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334. Require that copies of such permits be provided and maintained on file. (3) Review all permit applications to determine whether proposed building sites will be reasonably safe from flooding. (4) When Base Flood Elevation data or floodway data have not been provided in accordance with Article 2 Section B, then the planning and zoning administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other sources in order to administer the provisions of Article 4. (5) Review and record the actual elevation in relation to mean sea level (or highest adjacent grade) of the lowest floor, including basement, of all new or substantially improved structures in accordance with Article 3, Section B (2). (6) Review and record the actual elevation, in relation to mean sea level to which any new or substantially improved structures have been flood-proofed, in accordance with Article 3, Section B (2). (7) When flood-proofing is utilized for a structure, the planning and zoning administrator shall obtain certification of design criteria from a registered professional engineer or architect in accordance with Article 3(B)(l)(c) and Article 4(B)(2) or (D)(2). (8) Make substantial damage determinations following a flood event or any other event that causes damage to structures in flood hazard areas. 4174 COUNTY HOME RULE ORDINANCES (9) Notify adjacent communities and the Georgia Department of Natural Resources prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Emergency Management Agency (FEMA). (10) For any altered or relocated watercourse, submit engineering data/analysis within six (6) months to the FEMA to ensure accuracy of community flood maps through the Letter of Map Revision process. Assure flood carrying capacity of any altered or relocated watercourse is maintained. (11) Where interpretation is needed as to the exact location of boundaries of the Areas of Special Flood Hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the planning and administrator shall make the necessary interpretation. Any person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this Ordinance. (12) All records pertaining to the provisions of this ordinance shall be maintained in the office of the planning and zoning administrator and shall be open for public inspection. ARTICLE 4. PROVISIONS FOR FLOOD HAZARD REDUCTION SECTION A. GENERAL STANDARDS In ALL areas of Special Flood Hazard the following provisions are required: (1) New construction and substantial improvements of existing structures shall be anchored to prevent flotation, collapse or lateral movement of the structure; (2) New construction and substantial improvements of existing structures shall be constructed with materials and utility equipment resistant to flood damage; (3) New construction or substantial improvements of existing structures shall be constructed by methods and practices that minimize flood damage; (4) Elevated Buildings - All New construction or substantial improvements of existing structures that include ANY fully enclosed area located below the lowest floor formed by foundation and other exterior walls shall be designed so as to be an unfinished or flood resistant enclosure. The enclosure shall be designed to equalize hydrostatic flood forces on exterior walls by allowing for the automatic entry and exit of floodwater. (a) Designs for complying with this requirement must either be certified by a professional engineer or architect or meet the following minimum criteria: (i) Provide a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; (ii) The bottom of all openings shall be no higher than one foot above grade; and, (iii) Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwater in both direction. GEORGIA LAWS 2011 SESSION 4175 (b) So as not to violate the "Lowest Floor" criteria of this ordinance, the unfinished or flood resistant enclosure shall only be used for parking of vehicles, limited storage of maintenance equipment used in connection with the premises, or entry to the elevated area, and (c) The interior portion of such enclosed area shall not be partitioned or finished into separate rooms. (5) All heating and air conditioning equipment and components (including ductwork), all electrical, ventilation, plumbing, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (6) Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable State requirements for resisting wind forces. (7) New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (8) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters; (9) On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding, and; (10) Any alteration, repair, reconstruction or improvement to a structure, which is not compliant with the provisions of this ordinance, shall be undertaken only if the non-conformity is not furthered, extended or replaced. SECTION B. SPECIFIC STANDARDS In ALL Areas of Special Flood Hazard the following provisions are required: (1) New construction and/or substantial improvements - Where base flood elevation data are available, new construction and/or substantial improvement of any structure or manufactured home shall have the lowest floor, including basement, elevated no lower than one foot above the base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate equalization of flood hydrostatic forces on both sides of exterior walls shall be provided in accordance with standards of Article 4, Section A (4), "Elevated Buildings". (a) All heating and air conditioning equipment and components (including ductwork), all electrical, ventilation, plumbing, and other service facilities shall be elevated at or above one foot above the base flood elevation. (2) Non-Residential Construction - New construction and/or the substantial improvement of any structure located in A1-30, AE, or AH zones, may be flood-proofed in lieu of elevation. The structure, together with attendant utility and 4176 COUNTY HOME RULE ORDINANCES sanitary facilities, must be designed to be water tight to one foot above the base flood elevation, with walls substantially impermeable to the passage of water, and structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions above, and shall provide such certification to the official as set forth above and in Article 3, Section C (6). (3) Standards for Manufactured Homes and Recreational Vehicles - Where base flood elevation data are available: (a) All manufactured homes placed and/or substantially improved on: (1) individual lots or parcels, (2) in new and/or substantially improved manufactured home parks or subdivisions, (3) in expansions to existing manufactured home parks or subdivisions, or (4) on a site in an existing manufactured home park or subdivision where a manufactured home has incurred "substantial damage" as the result of a flood, must have the lowest floor including basement, elevated no lower than one foot above the base flood elevation. (b) Manufactured homes placed and/or substantially improved in an existing manufactured home park or subdivision may be elevated so that either: (i) The lowest floor of the manufactured home is elevated no lower than one foot above the level of the base flood elevation, or (ii) The manufactured home chassis is elevated and supported by reinforced piers (or other foundation elements of at least an equivalent strength) of no less than 36 inches in height above grade. (c) All manufactured homes must be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement (Ref Article 4(A)(6) above) (d) All recreational vehicles placed on sites must either: (i) Be on the site for fewer than 180 consecutive days. (ii) Be fully licensed and ready for highway use, (a recreational vehicle is ready for highway use if it is licensed, on its wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached structures or additions), or (iii) The recreational vehicle must meet all the requirements for "New Construction", including the anchoring and elevation requirements of Article 4, Section B (3)(a)(c), above. (4). Floodway - Located within Areas of Special Flood Hazard established in Article 2, Section B, are areas designated as floodway. A floodway may be an extremely hazardous area due to velocity floodwaters, debris or erosion potential. In addition, the area must remain flee of encroachment in order to allow for the discharge of the base flood without increased flood heights. Therefore, the following provisions shall apply: GEORGIA LAWS 2011 SESSION 4177 (a) Encroachments are prohibited, including earthen fill, new construction, substantial improvements or other development within the regulatory floodway. Development may be permitted however, provided it is demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the encroachment shall not result in any increase in flood levels or floodway widths during a base flood discharge. A registered professional engineer must provide supporting technical data and certification thereof. (b) ONLY if Article 4 (B)(4)(a) above is satisfied, then any new construction or substantial improvement shall comply with all other applicable flood hazard reduction provisions of Article 4. SECTION C. BUILDING STANDARDS FOR STREAMS WITHOUT ESTABLISHED BASE FLOOD ELEVATIONS AND/OR FLOODWAY (A-ZONES) - Located within the Areas of Special Flood Hazard established in Article 2, Section B, where streams exist but no base flood data have been provided (A-Zones), OR where base flood data have been provided but a Floodway has not been delineated, the following provisions apply: (1) When base flood elevation data or floodway data have not been provided in accordance with Article 2(B), then the planning and zoning administrator shall obtain, review, and reasonably utilize any scientific or historic base flood elevation and floodway data available from a Federal, State; or other source, in order to administer the provisions of Article 4. ONLY if data are not available from these sources, then the following provisions (2&3) shall apply: (2) No encroachments, including structures or fill material, shall be located within an area equal to the width of the stream or twenty feet, whichever is greater, measured from the top of the stream bank, unless certification by a registered professional engineer is provided demonstrating that such encroachment shall not result in more than a one foot increase in flood levels during the occurrence of the base flood discharge. (3) In special flood hazard areas without base flood elevation data, new construction and substantial improvements of existing structures shall have the lowest floor of the lowest enclosed area (including basement) elevated no less than three feet above the highest adjacent grade at the building site. (NOTE: Require the lowest floor to be elevated one foot above the estimated base flood elevation in A-Zone areas where a Limited Detail Study has been completed). Openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with standards of Article 4, Section A (4) "Elevated Buildings". (a) All heating and air conditioning equipment and components (including ductwork), all electrical, ventilation, plumbing, and other service facilities shall be elevated no less than three feet above the highest adjacent grade at the building site. 4178 COUNTY HOME RULE ORDINANCES The planning and zoning administrator shall certify the lowest floor elevation level and the record shall become a permanent part of the permit file. SECTION D. STANDARDS FOR AREAS OF SPECIAL FLOOD HAZARD (ZONES AE) WITH ESTABLISHED BASE FLOOD ELEVATIONS WITHOUT DESIGNATED FLOODWAYS Located within the Areas of Special Flood Hazard established in Article 2, Section B, where streams with base flood elevations are provided but no floodways have been designated, (Zones AE) the following provisions apply: 1. No encroachments, including fill material, new structures or substantial improvements shall be located within areas of special flood hazard, unless certification by a registered professional engineer is provided demonstrating that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. The engineering certification should be supported by technical data that conforms to standard hydraulic engineering principles. 2. New construction or substantial improvements of buildings shall be elevated or flood-proofed to elevations established in accordance with Article 4, Section B. SECTION E. STANDARDS FOR AREAS OF SHALLOW FLOODING (AO ZONES). Areas of Special Flood Hazard established in Article 2, Section B, may include designated "AO" shallow flooding areas. These areas have base flood depths of one to three feet above ground, with no clearly defined channel. The following provisions apply: (1) All new construction and substantial improvements of residential and non-residential structures shall have the lowest floor, including basement, elevated to the flood depth number specified on the Flood Insurance Rate Map (FIRM), above the highest adjacent grade. If no flood depth number is specified, the lowest floor, including basement, shall be elevated at least three feet above the highest adjacent grade. Openings sufficient to facilitate the unimpeded movements of flood waters shall be provided in accordance with standards of Article 4, Section A (4), "Elevated Buildings". The planning and zoning administrator shall certified the lowest floor elevation level and the record shall become a permanent part of the permit file. (2) New construction or the substantial improvement of a non-residential structure may be flood-proofed in lieu of elevation. The structure, together with attendant utility and sanitary facilities, must be designed to be water tight to the specified FIRM flood level plus one foot, above highest adjacent grade, with walls substantially impermeable to the passage of water, and structural components having the capability of resisting GEORGIA LAWS 2011 SESSION 4179 hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions above, and shall provide such certification to the official as set forth above and as required in Articles 3(B)(l)(c) and (3)(B)(2). (3) Drainage paths shall be provided to guide floodwater around and away from any proposed structure. SECTION F. STANDARDS FOR SUBDIVISIONS (1) All subdivision and/or development proposals shall be consistent with the need to minimize flood damage; (2) All subdivision and/or development proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage; (3) All subdivision and/or development proposals shall have adequate drainage provided to reduce exposure to flood hazards, and; (4) For subdivisions and/or developments greater than fifty lots or five acres, whichever is less, base flood elevation data shall be provided for subdivision and all other proposed development, including manufactured home parks and subdivisions. Any changes or revisions to the flood data adopted herein and shown on the FIRM shall be submitted to FEMA for review as a Conditional Letter of Map Revision (CLOMR) or Conditional Letter of Map Amendment (CLOMA), whichever is applicable. Upon completion of the project, the developer is responsible for submitting the "as-built" data to FEMA in order to obtain the final LOMR. SECTION G. STANDARDS FOR CRITICAL FACILITIES (1) Critical facilities shall not be located in the 100-year floodplain or the 500-year floodplain. (2) All ingress and egress from any critical facility must be protected to the 500-year flood elevation. ARTICLE 5. VARIANCE PROCEDURES (A) The Rabin County Planning Coxmnission as established by Rabin County shall hear and decide requests for appeals or variance from the requirements of this ordinance. (B) The planning commission shall hear and decide appeals when it is alleged an error in any requirement decision, or determination is made by the planning and zoning administrator in the enforcement or administration of this ordinance. 4180 COUNTY HOME RULE ORDINANCES (C) Any person aggrieved by the decision of the planning commission may appeal such decision to the Superior Court of Rabun County, as provided in Section 5-4-1 of the Official Code of Georgia Annotated. (D) Variances may be issued for the repair or rehabilitation of Historic Structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a Historic Structure and the variance is the minimum to preserve the historic character and design of the structure. (E) Variances may be issued for development necessary for the conduct of a functionally dependent use, provided the criteria of this Article are met, no reasonable alternative exists, and the development is protected by methods that minimize flood damage during the base flood and create no additional threats to public safety. (F) Variances shall not be issued within any designated floodway if ANY increase in flood levels during the base flood discharge would result. (G) In reviewing such requests, the planning commission shall consider all technical evaluations, relevant factors, and all standards specified in this and other sections of this ordinance. (H) Conditions for Variances: (1) A variance shall be issued ONLY when there is: (i) a finding of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship, and; (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (2) The provisions of this Ordinance are minimum standards for flood loss reduction: therefore any deviation from the standards must be weighed carefully. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; and, in the instance of an Historic Structure, a determination that the variance is the minimum necessary so as not to destroy the historic character and design of the building. (3) Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation of the proposed lowest floor and stating that the cost of flood insurance will be commensurate with the increased risk to life and property resulting from the reduced lowest floor elevation. (4) The planning and zoning administrator shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request. GEORGIA LAWS 2011 SESSION 4181 (I) Upon consideration of the factors listed above and the purposes of this ordinance, the planning commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance. ARTICLE 6. DEFINITIONS Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application. "Accessory Structure" means a structure having minimal value and used for parking, storage and other non-habitable uses, such as garages, carports, storage sheds, pole barns, hay sheds and the like. "Addition (to an existing building)" means any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load-bearing wall other than a firewall. Any walled and roofed addition, which is connected by a firewall or is separated by an independent perimeter load-bearing wall, shall be considered "New Construction". "Appeal" means a request for a review of the planning and zoning administrator's interpretation of any provision of this ordinance. "Area of shallow flooding" means a designated AO or AH Zone on a community's Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet, and/or where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. "Area of special flood hazard" is the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. In the absence of official designation by the Federal Emergency Management Agency, Areas of Special Flood Hazard shall be those designated by the local community and referenced in Article 2, Section B. "Base flood," means the flood having a one percent chance of being equaled or exceeded in any given year. "Base Flood Elevation (BFE)" The elevation shown on the Flood Insurance Rate Map for Zones AE, AH, Al-A30, AR, AR/A, AR/AE, AR/Al-A30, AR/AH, AR/AO, Vl-V30, and VE that indicates the water surface elevation resulting from a flood that has a one percent chance of equaling or exceeding that level in any given year. 4182 COUNTY HOME RULE ORDINANCES "Basement" means that portion of a building having its floor sub grade (below ground level) on all sides. "Building," means any structure built for support, shelter, or enclosure for any occupancy or storage. "Critical Facility" means any public or private facility, which, if flooded, would create an added dimension to the disaster or would increase the hazard to life and health. Critical facilities include: (a) structures or facilities that produce, use, or store highly volatile, flammable, explosive, toxic, or water-reactive materials; (b) hospitals and nursing homes, and housing for the elderly, which are likely to contain occupants who may not be sufficiently mobile to avoid the loss of life or injury during flood and storm events; (c) emergency operation centers or data storage centers which contain records or services that may become lost or inoperative during flood and storm events; and (d) generating plants, and other principal points of utility lines. "Development" means any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, and storage of materials or equipment. "Elevated building" means a non-basement building built to have the lowest floor of the lowest enclosed area elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, colunms, piers, or shear walls adequately anchored so as not to impair the structural integrity of the building during a base flood event. "Existing construction" means for the purposes of determining rates, structures for which the "start of construction" commenced before June 19, 1985 [the effective date of the initial FIRM for that community]. "Existing Manufactured Home Park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum the installation of utilities, the construction of streets, and final site grading or the pouring of concrete pads) is completed before May 9, 1985. [the effective date of the FIRST floodplain management regulations adopted by a community]. "Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which GEORGIA LAWS 2011 SESSION 4183 the manufactured homes are to be affixed, including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads. "Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: (a.) the overflow of inland or tidal waters; or (b.) the unusual and rapid accumulation or runoff of surface waters from any source. "Flood Hazard Boundary Map (FHBM)" means an official map of a community, issued by the Federal Insurance Administration, where the boundaries of areas of special flood hazard have been defined as Zone A. "Flood Insurance Rate Map (FIRM)" means an official map of a community, issued by the Federal Insurance Administration, delineating the areas of special flood hazard and/or risk premium zones applicable to the community. "Flood Insurance Study" the official report by the Federal Insurance Administration evaluating flood hazards and containing flood profiles and water surface elevations of the base flood. "Floodplain" means any land area susceptible to flooding. "Flood proofing," means any combination of structural and non-structural additions, changes, or adjustments to structures, which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. "Freeboard" means a factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed. "Highest adjacent grade" means the highest natural elevation of the ground surface, prior to construction, adjacent to the proposed foundation of a building. "Historic Structure" means any structure that is; 4184 COUNTY HOME RULE ORDINANCES a. Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register: b. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district: c. Individually listed on a state inventory of historic places and determined as eligible by states with historic preservation programs which have been approved by the Secretary of the Interior; or d. Individually listed on a local inventory of historic places and determined as eligible by communities with historic preservation programs that have been certified either: 1. By an approved state program as determined by the Secretary of the Interior, or 2. Directly by the Secretary of the Interior in states without approved programs. Lowest floor means the lowest floor of the lowest enclosed area, including basement. An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage, in an area other than a basement, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of other provisions of this code. "Manufactured home" means a building, transportable in one or more sections, built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term also includes park trailers, travel trailers, and similar transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property. "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. "Mean Sea Level" means the average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. "National Geodetic Vertical Datum (NGVD)" as corrected in 1929 is a vertical control used as a reference for establishing varying elevations within the floodplain. "New construction" means, for the purposes of determining insurance rates, structures for which the "start of construction" commenced after June 19, 1985 [the effective date of the initial FIRM] and includes any subsequent improvements to such structures. For floodplain GEORGIA LAWS 2011 SESSION 4185 management purposes, "new construction" means structures for which the "start of construction" commenced after May 9, 1985 [the effective date of the FIRST floodplain management ordinance adopted by the community] and includes any subsequent improvements to such structures. "New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities or servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed after May 9, 1985 [the effective date of the first floodplain management regulations adopted by a community]. "North American Vertical Datum (NAVD)" has replaced the National Geodetic Vertical Datum of 1929 in existing and future FEMA Flood Modernization Maps. "Recreational vehicle" means a vehicle which is: a. built on a single chassis; b. 400 square feet or less when measured at the largest horizontal projection; c. designed to be self-propelled or permanently towable by a light duty truck; and d. designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. "Start of construction" means the date the development permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days ofthe permit date. The actual start means the first placement of permanent construction of the structure such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation, and includes the placement of a manufactured home on a foundation. (Permanent construction does not include initial land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of buildings appurtenant to the permitted structure, such as garages or sheds not occupied as dwelling units or part of the main structure. (NOTE: accessory structures are NOT exempt from any ordinance requirements) For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. "Structure" means a walled and roofed building that is principally above ground, a manufactured home, a gas or liquid storage tank. 4186 COUNTY HOME RULE ORDINANCES "Subdivision" the division of a single lot into two or more lots for the purpose of sale or development. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred. "Substantial improvement" means any reconstruction, rehabilitation, addition, or other improvement of a structure, taking place during a 5-year period, in which the cumulative cost equals or exceeds fifty (50) percent of the market value of the structure prior to the "start of construction" of the improvement. NOTE: The market value of the structure should be (1) the appraised value of the structure prior to the start of the initial repair or improvement, or (2) in the case of damage, the value of the structure prior to the damage occurring. This term includes structures, which have incurred "substantial damage", regardless of the actual amount of repair work performed. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the building. The term does not, however, include (1) those improvements of a structure required to comply with existing violations of state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions and which have been identified by the Code Enforcement Official, and not solely triggered by an improvement or repair project, or (2) any alteration of a "historic structure" provided that the alteration will not preclude the structure's continued designation as a "historic structure". "Substantially improved existing manufactured home parks or subdivisions" is where the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds 50 percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced. "Variance" is a grant of relief from the requirements of this ordinance, which permits construction in a manner otherwise prohibited by this ordinance. "Violation" means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, or other certifications, or other evidence of compliance required by this ordinance is presumed to be in violation until such time as that documentation is provided. GEORGIA LAWS 2011 SESSION 4187 ARTICLE 7. SEVERABILITY If any section, clause, sentence, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect the validity of the remaining portions of this Ordinance. Ordinance adopted on 7-27-2010. BY: s/ WILL NICHOLS s/ MAX WATTS ________________ s/ VIRGIL L. KILBY s/ KATHRYN GRANBERG s/ TOM GARRISON Certified by: s/ DEBRA J. JACOBS Date: 7-27-2010 STATE OF GEORGIA COUNTY OF RABUN AFFIDAVIT OF PUBLICATION 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: County Ordinance on Flood Damage was published in The Clayton Tribune on the following dates: July 08, 2010 July 15, 2010 July 22, 2010 s/ STEPHEN T. MEADOWS Affiant Sworn to and subscribed before me this 30th day of July, 2010 s/ DAVID L. HOLT Notary Public RABUN COUNTY, GEORGIA DAVID LEE HOLT NOTARY PUBLIC RABUN COUNTY, GEORGIA MY COMM. EXPIRES 09/30/2012 4188 COUNTY HOME RULE ORDINANCES 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, July 27, 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 [ILLEGIBLE] providing for the repeal of certain ordinances not included therein; and providing a penalty for the violation thereof. It is the purpose of this ordinance to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas. 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. 7-8, 15, 22 Filed in the Office of the Secretary of State August 24, 2010. __________ RABUN COUNTY SPEED ZONES. LIST NUMBER 0241-06-09 The Commissioner of Rabun County is hereby requesting that the following roadways be approved for the use of speed detection devices: LIST OF ROADWAYS for RABUN COUNTY ON-SYSTEM STATE ROUTE SR 2 SR 2 SR 2 W ITH IN TH E CITY/TOW N LIM ITS OF and/or School Name C la yton FROM Rabun/Towns County Line 264' east of Persimmon Road 2590' est of Bynum Street (West Clayton City Limits) M ILE P O IN T TO 00.00 264' east of Persimmon Road 08.01 2590' west of Bynum Street (West Clayton City Limits) 14.40 1320' west of Bynum Road M ILE PO IN T LENGTH IN M ILES SPEED LIM IT 08.01 08.01 45 14.40 06.39 55 14.64 00.24 45 GEORGIA LAWS 2011 SESSION 4189 SR 2 SR 2 SR 2 SR 2 SR 2 SR 2 SR 2 SR 15/US 441 SR 15/US 441 SR 15/US 441 SR 15/US 441 *** SCHOOL ZONE *** SR 15/US 441 SR 15/US 441 SR 15/US 441 SR 15/US 441 SR 15/US 441 SR 15/US 441 C la yton C layton C la yto n C la yto n C layton Tallulah Falls Tallulah Falls Rabun County Schools SCHOOL DAYS ONLY C la yton C layton C la yton C la yton 1320' west of Bynum 14.64 158' west of JD Dotson 15.37 00.73 35 Road C irc le 158' west of JD Dotson C irc le 15.37 State Route 15 (Rickman Street) 15.87 00.50 25 State Route 2 (Rickman Street 15.87 State Route 2 (Checero 16.13 00.26 45 Street) State Route 2 (Checero Street) 16.13 100' east of Laura Jones Drive 16.65 00.52 35 100' east of Laura Jones Drive 16.65 52' east of Stekoa Falls 16.88 00.23 45 Road (East Clayton City Limits) 52' east of Stekoa Falls Road (East Clayton City Limits) 16.88 2270' east of Stekoa Falls Road 17.31 00.43 45 2270' east of Stekoa Falls Road 17.31 South Carolina State Line 24.37 07.06 55 Habersham County North Tallulah Falls City Limits 00.00 1214' North of Jane Hurt Yarn Road 00.95 00.95 45 1214' North of Jane 00.95 1214' south of Tarrora 01.69 00.74 55 Hurt Yarn Road Circle North Tallulah City Limits 1214' south of Tarrora Circle North Tallulah City Limits 1.69 1003' north of Radio Lane South Clayton City Limits 10.42 08.73 55 845' south of East Boggs Mountain Road 06.81 1268' north of Hollifield Connector Road 07.91 01.10 45 1003' north of Radio 10.42 2150' south of Ball Street 10.50 00.08 55 Lane South Clayton City Limits 2150' south of Ball Street 10.50 SR 2 US 76 East at (Chechero Road) 11.16 00.66 45 This section of State Route 15 US 441 runs common with State Route 2 US 76 from M ile post 11.16 to M ile post 11.42 for a distance of 00.26 miles. State Route 2 US 76 West (at Rickman Road) 11.42 1373' south of Mountain City Drive North Clayton City Lim its 12.48 1.06 45 1373' soufh of 12.48 845' south of Mountain 12.59 00.11 45 Mountain City Drive City Drive North Clayton City Lim its 845' south of Mountain 12.59 225' south of Cross Street 13.73 01.14 55 City Drive South Mountain City, City Limits 4190 COUNTY HOME RULE ORDINANCES SR 15/US 441 M ountain City 225' south of Cross Street South Mountain City, City Limits 13.73 52' north of Cross Street 13.78 00.05 55 SR 15/US 441 M ountain City 52' north of Cross Street 13.78 422' South of Cathy Road 14.76 00.98 45 SR 15/US M ountain City 422' South of Cathy 14.76 1795' north of Cathy 15.18 00.42 55 441 Road Road North Mountain City, City Limits SR 15/US 441 1795' north of Cathy Road North Mountain City, City Limits 15.18 317' south of Nacoochee School D rive 17.42 02.24 55 SR 15/US 441 317' south of 17.42 1162' south of Addie 17.79 00.37 50 Nacoochee School Creek Road south Dillard D rive City Limits SR 15/US 441 D illard 1162' south of Addie Creek Road south Dillard City Lim its 17.79 1056' south of Addie Creek Road 17.81 00.02 50 SR 15/US D illard 1056' south of Addie 17.81 581' south of Carolina 18.44 00.63 40 441 Creek Road Street SR 15/US D illa rd 581' south of Carolina 18.44 792' north of State Route 19.17 00.73 45 441 Street 246, North Dillard City Lim its SR 15/US 441 792' north of State Route 246, North Dillard City Lim its 19.17 North Carolina State Line 19.95 00.78 50 SR 28 Georgia/South Carolina State Line 00.00 (CR 126) Forest Service Road 02.09 02.09 45 SR 28 (CR 126) Forest Service Road 02.09 Three Forks Trail 07.52 05.43 35 SR 28 Three Forks Trail 07.52 Georgia/North Carolina 07.79 00.27 45 State Line SR 197 Rabun/Habersham 00.00 South M occasin Road 03.29 03.29 45 County Line (CR 115) SR 197 South M occasin Road (CR 115) 03.29 SR 2 08.25 04.96 40 SR 246 D illa rd State Route 15 (in Dillard City Lim its) 00.00 845' west of Chastain 01.93 01.93 45 Road SR 246 D illard 845' west of Chastain 01.93 475' west of Chastain 02.00 00.07 35 Road Road east Dillard City Lim its SR 246 475' west of Chastain Road east Dillard City Lim its 02.00 422' east of Chastain Road 02.17 00.17 35 SR 246 422' east of Chastain 02.17 2270' west of Winding 2.70 00.53 25 Road Ridge Drive West Sky Valley City Lim its SR 246 SR 246 Shy Valley Sky Valley GEORGIA LAWS 2011 SESSION 2270' west of Winding Ridge Drive West Sky Valley City Lim its 950' west of City Hall D rive 02.70 950' west of City Hall D rive 03.20 North Carolina State Line OFF-SYSTEM 3.20 03.82 4191 00.50 25 00.62 35 ROAD NAME Bethel Church Road (CR 163) Bethel Church Road (CR 163) Betty Creek Road (CR 220) Betty Creek Road (CR 220) Bridge Creek Road (CR 217) Bridge Creek Road (CR 217) Charlie Mountain Road (CR 94) Charlie Mountain Road (CR 94) G erm any Mountain Road (CR 221) G erm any Mountain Road (CR 221) John Beck Dockins Road (CR 02) Kelly's Creek Road (CR 07) Lake Burton Road (CR 218) Lake Burton Road (CR 218) W ITH IN TH E CITY/TOW N LIM ITS OF and/or School Name FROM State Route 15 TO County Road 12 Tiger County Road 12 East Tiger City Limits D illard SCHOOL ZONE Rabun Gap C om m unity School SCHOOL DAYS ONLY Tiger W est Dillard City Lim its 30' W est of (CR 10 Old W olf Fork Road) Georgia/North Carolina State Line 1375' W est of (CR 10 Old W olf Fork Road State Route 197 Northwest Tiger City Limits Lake Burton Road (CR 218) Habersham County Line County Road 217 County Road 97 County Road 97 State Route 2 C la yton W est Clayton City Limits Timpson Creek Road (CR 41) County Road 41 State Route 15/US 441 Little Persimmon Creek Road (CR 216) W olf Fork Road State Route 15/US 441 State Route 2 End of Pavement near (CR 73) State Route 246 Stekoa Creek Bridge State Route 15/US 441 LENGTH IN M ILES 00.50 SPEED LIM IT 35 00.48 45 04.09 55 00.26 35 09.10 45 02.90 45 02.04 35 01.50 45 03.50 45 02.30 30 01.46 40 03.30 40 00.93 40 00.70 40 4192 Lake Burton Road (CR 218) Lake Burton Road (CR 218) M cCrackin Road (CR 21) Old US 441 (CR 152) Old 441 Old 441 Old 441 Old US 441 Persimmon Road (CR 216) Persimmon Road (CR 216) Persimmon Road (CR 216) Poke Hopkins Road (CR 17) Pool Creek Road (CR 59) Seed Tick Road (CR 144) Spruce Creek Road (CR 18) Stekoa Falls Road (CR 25) Tiger Road Tiger Road *** SCHOOL ZONE *** Tiger Road Warwoman Road (CR 219) Warwoman Road (CR 219) Warwoman Road (CR 219) W olf Creek Road (CR 58) COUNTY HOME RULE ORDINANCES State Route 15/US 441 County Road 80 County Road 80 County Road 217 State Route 15/US 441 East to Dead End State Route 15/US 441 Lake Burton Road (CR 218) Tiger Tiger Tiger Tiger Tiger City Limits 1680' from Bethel Church Road Bethel Church Road Lake Burton Road (CR 218) State Route 2 1680' from Bethel Church Road Bethel Church Road (4-way stop) North Tiger City Limits South Tiger City Limits Germany Road (CR 221) Germany Road (CR 221) Rabun Gap Road (CR 07) Rabun Gap Road (CR 07) State Route 15/US 441 State Route 15/US 441 Old 441 (CR 152) State Route 2 State Route 15/US 441 End of Pavement at Lick Log Creek End of Pavement Old 441 (CR 153) End of Pavement State Route 15/US 441 State Route 2/US 76 Tiger Tiger SCHOOL DAYS ONLY Tiger City Limits 800' East of Bethel Church Old 441 Old 441 Tiger C layton C layton Old 441 East Clayton City Limits 1320' East of East Clayton City Limits Ridge Road (CR 227) Old 441 (CR 152) Tiger City Limits 1320' East of East Clayton City Limits Ridge Road (CR 227) State Route 28 State Route 15/US 441 07.41 30 04.33 40 01.10 35 02.51 50 00.30 40 00.15 35 00.40 35 04.84 50 04.06 50 07.38 45 00.75 40 00.70 35 01.65 45 01.42 45 00.90 45 01.14 25 00.60 35 00.31 25 00.48 35 00.25 35 09.90 45 03.89 35 00.35 25 W olf Creek Road (CR 58) W olf Creek Road (CR 58) W olf Fork Road (CR 01) W olf Fork Road (CR 01) Yorkhouse Road (CR 05) Yorkhouse Road (CR 05) D illa rd GEORGIA LAWS 2011 SESSION State Route 15/US 441 1320' East of SR 15/US 441 1320' East of State Route 15/US 441 State Route 1/US 76 County Road 216 W olf Fork Church Road (CR 03) Southeast Dillard City Limits W olf Fork Church Road (CR 03) State Route 15/US 441 Kelly M ill Road (CR 07) Kelly M ill Road (CR 07) State Route 15/US 441 00.25 07.20 01.87 02.48 01.09 01.01 4193 35 45 35 45 35 45 ***SCHOOL ZONE HOURS ARE EFFECTIVE*** A.M. from 45 minutes prior to commencement time to 15 minutes after commencement time - SCHOOL DAYS ONLY P.M. from 15 minutes prior to dismissal time to 45 minutes after dismissal time SCHOOL DAYS ONLY ALL LISTS AND PARTS OF LISTS IN CONFLICT WITH THIS LIST ARE HEREBY REPEALED. Signature of Governing Authority: s/ VIRGIL L. KILBY Chairman, Board of Commissioners ___________________________________ Board of Commissioners Sworn and Subscribed before me This 27 day of April, 2010. s/ DEBRA J. JACOBS NOTARY PUBLIC [SEAL] AFFIDAVIT OF PUBLICATION STATE OF GEORGIA RABUN COUNTY 4194 COUNTY HOME RULE ORDINANCES 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: PO #23022dj Updated Speed Zones amendment to county ordinance was published in The Clayton Tribune on the following dates: April 08, 2010 April 15, 2010 April 22, 2010 s/ STEPHEN T. MEADOWS Affiant Sworn to and subscribed before me this 22nd day of April, 2010 s/ DAVID LEE HOLT Notary Public RABUN COUNTY , GEORGIA DAVID LEE HOLT NOTARY PUBLIC RABUN COUNTY, GEORGIA MY COMM. EXPIRES 09/30/2012 [SEAL] NOTICE Rabun County's Board of Commissioners approved the 1st reading of an amendment to the "Code of Rabun County," implementing the updated Speed Zones from the Department of Public Safety. A complete copy of the proposed amendment is on file in the office of Clerk of Superior court and in the office of the Rabun County Board of Commissioners for the purpose of examination and inspection by the public. The 2nd and final reading and adoption of the amendment will be heard at the regular monthly meeting of the Rabun County Board of Commissioners on April 27, 2010, at 6:00 p.m. in the Rabun County Courthouse. Filed in the Office of the Secretary of State August 24, 2010. __________ GEORGIA LAWS 2011 SESSION 4195 RABUN COUNTY ALCOHOLIC BEVERAGES; OUTDOOR, ONE-DAY EVENTS. Rabun County, Georgia Alcoholic Beverage Ordinance is hereby amended by adding Section _____ which reads as follows: SEC. _____. OUTDOOR, ONE DAY EVENTS Rabun County shall be authorized to issue a one day event permit for those businesses licensed pursuant to Sec. 4-39 (1), (2) and (3) to provide for beer & wine sales to be held at off-premises, one day events so long as the permit applicant establishes to the satisfaction of the County the following: 1. The Applicant contracts to indemnify the County and provide general liability insurance in the amount of not less than $1,000,000.00 for the specific event; 2. The Applicant provides adequate assurance to the County that no underage persons will be served through an appropriate program of identification and restriction of the area of service; 3. No alcoholic beverages purchased off-site may be brought into the area of the event for consumption and no opened alcoholic beverages shall be removed from the area of service by the consuming public; 4. All persons serving beer and wine at said event would be retail dealers licensed pursuant to Georgia Law and pursuant to Sec. 4-39 (1), (2) and(3) herein to sell beer and wine for retail consumption on premises; 5. The applicant shall reimburse the County for any additional public safety personnel for event security and furthermore consent in writing to venue and jurisdiction being in Rabun County, Georgia for collection purposes and for any other disputes between the parties; 6. The applicant for the permit fully complies with Sections 4-4, 4-5, 4-7 and 4-114 herein; and 7. The Applicant pays a per-event fee of $100.00. The above amendment to the Rabun County, Georgia Alcoholic Beverage Ordinance was read and approved by the Rabun County Board of Commissioners on this 23 day of March, and on the 27 day of April, 2010. Any ordinance in conflict, said ordinance is specifically repealed. This ordinance shall become effective upon its adoption after the second reading by the County. s/ VIRGIL L. KILBY Virgil Kilby, Chairman Rabun County Board of Commissioners 4196 COUNTY HOME RULE ORDINANCES s/ DEBBIE JACOBS Debbie Jacobs, County Clerk 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: PO #33312dj Beer & Wine Sales at Off-Site Events county ordinance was published in The Clayton Tribune on the following dates: April 01, 2010 April 08, 2010 April 15, 2010 Sworn to and subscribed before me this 22nd day of April, 2010 s/ STEPHEN MEADOWS Affiant s/ DAVID L HOLT Notary Public RABUN COUNTY, GEORGIA [SEAL] DAVID LEE HOLT NOTARY PUBLIC RABUN COUNTY, GEORGIA MY COMM. EXPIRES 9/30/2012 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, April 27, 2010, in the court room of the Rabun County Courthouse, 25 Courthouse Square, Clayton, Georgia, 30525 on the second reading; the adoption of an amendment to an ordinance. This ordinance amendment pertains to: AN ORDINANCE AMENDMENT AMENDING THE ALCOHOL BEVERAGES ORDINANCE FOUND IN CHAPTER 4 OF THE CODE OF ORDINANCES OF RABUN COUNTY GEORGIA; PROVIDING FOR THE PERMITTING OF BEER AND WINE SALES AT OFF-SITE EVENTS; AND PROVIDING WHEN SUCH AMENDMENT SHALL BECOME EFFECTIVE. A copy of said ordinance amendment is on file for public inspection at the Office of the Clerk of Rabun County Superior Court for GEORGIA LAWS 2011 SESSION 4197 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 August 24, 2010. __________ DEKALB COUNTY DEKALB COUNTY PENSION BOARD; RESTRICTIONS ON WORK FOR COUNTY WHILE RECEIVING BENEFITS. August 2, 2010 A HOME RULE ORDINANCE A HOME RULE ORDINANCE BY THE GOVERNING AUTHORITY OF DEKALB COUNTY UNDER THE HOME RULE PROVISIONS FOR COUNTIES OF THE CONSTITUTION OF THE STATE OF GEORGIA, TO AMEND AN ACT OF THE GENERAL ASSEMBLY OF 1962, FOUND IN GEORGIA LAWS 1962, PAGE 3088, ET SEQ., AS AMENDED, CREATING THE DEKALB COUNTY PENSION BOARD, SO AS TO FURTHER AMEND SAID ACT TO REVISE THE RESTRICTIONS ON PAID WORK A PARTICIPANT CAN DO FOR THE COUNTY WHILE RECEIVING PENSION 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 flurther amended as follows: PART I. By amending Section 8 of the Act (codified in the Code of DeKalb County, Georgia, Appendix B, Section 908(a)(5)) by deleting Section 908(a)(5) in its entirety and inserting the following in lieu thereof: (5) Years of service means service credited to participation in a pension plan of DeKalb County. This includes any period during which a participant qualifies for disability retirement benefits after January 1, 1981, as set forth in subsection (b) 4.8 of this section 8. Accumulated sick leave at the time of retirement shall be credited at the rate of thirty (30) days for one-twelfth years service for retirement dates on or before May 30, 1996, and shall be credited at the rate of twenty-one and one-half (21 1/2) days for one-twelfth year*s service 4198 COUNTY HOME RULE ORDINANCES for retirement dates after May 30, 1996. A participant who elects to return to employment as a DeKalb County officer, employee, or deputy after retirement under this plan shall receive service credit for a period of post-retirement employment only if the participant made pension contributions dining that period and had his benefits under this plan discontinued during that period. Years of service for which a participant shall have credit after a period of discontinuation of benefits shall include years of service prior the participant's original retirement, in addition to any service credited for post-retirement employment. No service credit shall be given for any period of post-retirement employment during which a participant received benefits under this plan and/or made no pension contributions. Except as specifically provided otherwise in section 18 of the Act, now codified in the Code of DeKalb County Georgia, Appendix B, as section 920, the pension contributions of a participant who returns to work as a DeKalb County officer, employee, or deputy after retirement under this plan shall be the same as for a new employee and such a participant shall not be required or permitted to repay monthly benefits theretofore drawn. PART II. By amending Section 8 of the Act (codified in the Code of DeKalb County, Georgia, Appendix B, Section 908(b)(10)) by deleting Section 908(b)(10) in its entirety and renumbering the subparagraphs of section 908(b) accordingly. PART III. By adding a new subsection 933, entitled "Effect of working for DeKalb County after retirement under this plan," to read as follows: Sec. 933. Effect of working for DeKalb County after retirement under this plan. (a) Limits on county employment while receiving benefits under this plan. No participant shall receive any benefits from this plan while receiving salary or wages as an officer, employee or deputy of DeKalb County, except that after August 31, 2010, a participant may, after retirement under this plan, work as a merit-exempt, part-time officer, employee or deputy of the county without any discontinuation of the participant's benefits under this plan, subject to the following limitations: (1) If a participant exceeds 1040 hours of post-retirement county employment in a calendar year, the participant's benefits under this plan shall be discontinued for the remainder of that calendar year, beginning with the month after the participant exceeds the 1040 hour limit. GEORGIA LAWS 2011 SESSION 4199 (2) If a participant earns post-retirement county salary and/or wages that exceed, in a calendar year, 50% of the participant's last pre-retirement annual base salary from the county, the participant's benefits under this plan shall be discontinuedfor the remainder of that calendar year, beginning with the month after the participant exceeds the foregoing limit on salary and/or wages. (3) If a participant works as a part-time county officer, employee, or deputy while receiving benefits under this plan in any three calendar years, whether consecutive or not, the participant shall not receive any benefits under this plan while working as a county officer, employee or deputy in any fourth or later calendar year(s). (4) If a participant receives health insurance, life insurance, paid sick leave and/or paid annual leave that is paid for or subsidized by DeKalb County because of any post-retirement employment, the participant's benefits under this plan shall be discontinued during the period in which the participant receives such insurance and/or leave. Pension contributions shall be deducted from a participant's salary or wages tiring any period(s) of post-retirement employment as a DeKalb County officer, employee or deputy when the participant's benefits under this plan are discontinued for any reason. (b) Limits on independent contractor service to or for DeKalb County while receiving benefits under this plan. No participant shall receive any benefits from this plan while receiving directly or indirectly any monetary remuneration for services as an independent contractor to or for DeKalb County, its officers, and/or elected officials if such monetary remuneration is funded, in whole or in part, out of the public fluids of DeKalb County, Georgia, provided, however, that participants shall be allowed to receive benefits from this plan while performing such services for up to ten (10) days per calendar year and provided that payment for such services does not exceed ten thousand dollars ($10,000) per calendar year. (c) Prohibition of combined employee and independent contractor work while receiving benefits under this plan. No participant shall receive any benefits from this plan while working as an employee, officer or deputy of DeKalb County and also receiving directly or indirectly any monetary remuneration for services as an independent contractor to or for DeKalb County, its officers, and/or elected officials. (d) Notification requirements. A participant who, after retirement under this plan, returns to work as a DeKalb County officer, employee, or deputy or performs services for DeKalb County or its officers or elected officials as an independent contractor shall be required to give the Pension Administrator notice of the expected return to work seven days prior to the date the employment or services begin and shall be required to provide the Pension 4200 COUNTY HOME RULE ORDINANCES Administrator with any information requested regarding the expected term, hours, compensation and/or benefits associated with such employment or independent contractor status. (e) Monthly retirement benefit upon later retirement not reduced because of return so work. Notwithstanding any other provision to the contrary, returning to work as a DeKalb County officer, employee, or deputy after retirement under this plan shall not cause a participant to receive, upon any later retirement under this plan, a monthly retirement benefit that is less than the actuarial equivalent of the monthly retirement benefit the participant was entitled to receive at the time of his earlier retirement under this plan, using the actuarial factors in effect on the date of the later retirement. This subsection (e) shall become effective on September 1, 2010 and shall not require a change (for the past or future) in the amount of any monthly retirement benefit calculated before that date. Secs. 934-1000. Reserved. PART IV. All laws or parts of laws in conflict with this Ordinance are hereby repealed. PART V. 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 VI. 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. GEORGIA LAWS 2011 SESSION 4201 PART VII. This Ordinance shall be first presented to the Board of Commissioners of DeKalb County, Georgia on the 10th day of August, 2010, and again on the 24th day of August, 2010, at the regular time and place of the meeting of the Board of Commissioners of DeKalb County, Georgia. PART VIII. 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 IX. 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 24th day of August, 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 26th day of August, 2010. ATTEST: /s/ BARBARA H. SANDERS 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 4202 COUNTY HOME RULE ORDINANCES APPROVED AS TO SUBSTANCE: /s/ Michael J. Bell Michael J. Bell Director of Finance DeKalb County, Georgia APPROVED AS TO FORM: /s/ L. E. CHANG Lisa E. Chang County Attorney 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 C. 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, PENSIONS & RETIREMENT was published in said newspaper on the following date(s): 08/05/10, 08/12/10, 08/19/10 /s/ CAROLYN JERNIGAN GLENN CAROLYN J. GLENN, PUBLISHER Sworn to and subscribed before me this 08/19/10. /s/ JACQUELINE BRYANT Notary Public My commission expires September 22, 2010 [NOTARY 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 DeKalb County Pension Board GEORGIA LAWS 2011 SESSION 4203 and the creation of a system of pensions and retirement pay for officers, deputies, and employees of DeKalb County. Specifically, the amendment provides for revisions to the payment of benefits and revisions relating to the effect of working for DeKalb County after retirement. The public is hereby further notified that this amendment will be considered by the DeKalb County Board of Commissioners at the regular August 10, 2010, and August 24, 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 than 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 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 August 31, 2010. __________ CLAYTON COUNTY PUBLIC EMPLOYEE RETIREMENT SYSTEM; EXCLUDE CERTAIN EMPLOYEES; SUSPENSION OF BENEFITS UPON REEMPLOYMENT. STATE OF GEORGIA COUNTY OF CLAYTON ORDINANCE NO. 2010- 189 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 EXCLUDE EMPLOYEES WHO ARE ACTIVE PARTICIPANTS OR MEMBERS IN EMPLOYEES RETIREMENT SYSTEM OF GEORGIA OR THE GEORGIA STATE EMPLOYEES PENSION AND SAVINGS PLAN; TO SUSPEND RETIREMENT BENEFITS FOR PARTICIPANTS WHO ARE REEMPLOYED BY A PLAN SPONSOR AS FULL-TIME EMPLOYEES AFTER NORMAL RETIREMENT AGE, TO REPEAL CONFLICTING LAWS, ORDINANCES AND RESOLUTIONS; TO PROVIDE AN EFFECTIVE DATE OF THIS ORDINANCE; AND FOR OTHER PURPOSES. 4204 COUNTY HOME RULE ORDINANCES WHEREAS, Clayton County and the Clayton County Water Authority maintain the Clayton County, Georgia Public Employee Retirement System (Pension Plan) (the "Plan") by an Act of the General Assembly of the State of Georgia, which originally became effective as of July 1, 1971; WHEREAS, the Plan was last amended by Ordinance No. 2010-49 of the Clayton County Code of Ordinances; and WHEREAS, the Board of Commissioners of Clayton County now desires to amend the Plan to exclude employees who are active participants or members in the Employees Retirement System of Georgia or the Georgia State Employees Pension and Saving Plan, to suspend retirement benefits for participants who are reemployed by a Plan Sponsor as full-time employees after normal retirement age, and to make a miscellaneous change to the definition of Eligible Rollover Distribution (as requested by the IRS in the determination letter application for 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 November 1, 2010, except as otherwise provided herein, in the following particulars: 1. By adding the following new sentence to the end of Section 1.6: "Notwithstanding the foregoing or any other provision of the Plan, effective as of November 1, 2010, a Participant's Average Monthly Compensation shall not include any period of employment when such Participant is an active participant or member in the Employees Retirement System of Georgia or the Georgia State Employees Pension and Saving Plan (or any successor plan)" 2. By adding the following new paragraph (d) to the end of Section 1.12: "(d) Notwithstanding the foregoing or any other provision of the Plan, effective as of November 1, 2010, a Participant's Credited Service shall not include any period of employment when such Participant is an active participant or member in the Employees Retirement System of Georgia or the Georgia State Employees Pension and Saving Plan (or any successor plan)." GEORGIA LAWS 2011 SESSION 4205 3. By adding the following sentence to the end of the first paragraph of Section 1.22: "Notwithstanding the foregoing or any other provision of the Plan, effective as of November 1, 2010, any Employee (including without limitation any Clayton County elected official) of a Plan Sponsor who is enrolled as or becomes an active participant or member in the Employees Retirement System of Georgia or the Georgia State Employees Pension and Saving Plan (or any successor plan) shall not be an Eligible Employee." 4. Effective September 21, 2010, by deleting the existing Section 6.6(b) and substituting therefore the following: "(b) If a Participant is reemployed by a Plan Sponsor as full-time employees after his Normal Retirement Date and after the payment of retirement benefits to him have been made or commenced, the payment of any remaining portion of his retirement benefits shall be suspended during the time he is reemployed. The payment of retirement benefits that have been suspended shall resume following the Participant's subsequent retirement in the same form of benefit previously made to the Participant prior to his reemployment. Such Participant shall be entitled to any additional Accrued Benefit determined under Plan Section 5 upon his subsequent retirement. The retirement benefit payable upon the Participant's subsequent retirement will be reduced by the Actuarial Equivalent of the payments received by the Participant, but not below the level of the retirement benefits previously payable to the Participant." 5. Effective July 1, 2008, by deleting the existing Section 1.24(c) and substituting therefor the following: "(c) any distribution which is made upon hardship of the employee;" 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 4206 COUNTY HOME RULE ORDINANCES 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 21st day of September, 2010. 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 s/ MICHAEL EDMONDSON MICHAEL EDMONDSON, COMMISSIONER ATTEST: s/ SHELBY D. HAYWOOD SHELBY D. HAYWOOD, CLERK ORDINANCE 2010-189 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 September 14, 2010 with the following members present and accepting in favor of same by general consensus: Chairman Eldrin Bell, 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 September 21, 2010 GEORGIA LAWS 2011 SESSION 4207 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. Hambrick. 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 September 14, 2010 and the Regular Business Meeting on September 21, 2010, Ordinance 2010-189 was adopted at the Regular Business Meeting of September 21, 2010. The following members were present on September 21, 2010 and voted unanimously in favor to adopt Ordinance 2010-189: 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 ATTEST: s/ SHELBY D. HAYWOOD SHELBY D. HAYWOOD CLERK OF THE COMMISSION OCTOBER 6, 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: September 10, 2010 s/ SUZETTE HAYNES SUZETTE HAYNES, AFFIANT 4208 COUNTY HOME RULE ORDINANCES Sworn to and subscribed before me this the 04TH day of October 2010. [NOTARY SEAL] s/ RITA M CAMP Signed Rita M. Camp, Notary Public My Commission expires November 23, 2012 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 excludes employees who are active participants or members in Employees Retirement System of Georgia or The Georgia State Employees Pension and Savings Plan and suspends retirement benefits for participants who are reemployed as full-time employees after Normal Retirement. The ordinance further repeals conflicting laws, ordinances, 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 September 14, 2010, and subsequently considered for adoption following a second reading during its regularly scheduled meeting commencing at 7:00 p.m. on September 21, 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 of examination and inspection by the public. The Clerk of the Superior Court will furnish anyone, upon written request, a copy of the proposed Ordinance. The Ordinance may also be reviewed and copied at the Clayton County Commissioners Office located at 112 Smith Street, Jonesboro, Georgia. Questions may be directed to Michael L. Smith, Esq; Chief Staff Attorney at Clayton County Commissioners Office or by telephone at 770-477-3207. 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 GEORGIA LAWS 2011 SESSION 4209 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: September 14, 2010 s/ SUZETTE HAYNES SUZETTE HAYNES, AFFIANT Sworn to and subscribed before me this the 04TH day of October 2010. [NOTARY SEAL] s/ RITA M CAMP Signed Rita M. Camp, Notary Public My Commission expires November 23, 2012 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 excludes employees who are active participants or members in Employees Retirement System of Georgia or The Georgia State Employees Pension and Savings Plan and suspends retirement benefits for participants who are reemployed as full-time employees after Normal Retirement. The ordinance further repeals conflicting laws, ordinances, 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 September 14, 2010, and subsequently considered for adoption following a second reading during its regularly scheduled meeting commencing at 7:00 p.m. on September 21, 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 of examination and inspection by the public. The Clerk of the Superior Court will furnish anyone, upon written request, a copy of the proposed Ordinance. The Ordinance may also be reviewed and copied at the Clayton County Commissioners Office located at 112 Smith Street, Jonesboro, Georgia. Questions may be directed to Michael L. Smith, Esq; Chief Staff Attorney at Clayton County Commissioners Office or by telephone at 770-477-3207. 4210 State of Georgia County of Clayton COUNTY HOME RULE ORDINANCES 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: September 21, 2010 s/ SUZETTE HAYNES SUZETTE HAYNES, AFFIANT Sworn to and subscribed before me this the 04TH day of October 2010. [NOTARY SEAL] s/ RITA M CAMP Signed Rita M. Camp, Notary Public My Commission expires November 23, 2012 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 excludes employees who are active participants or members in Employees Retirement System of Georgia or The Georgia State Employees Pension and Savings Plan and suspends retirement benefits for participants who are reemployed as full-time employees after Normal Retirement. The ordinance further repeals conflicting laws, ordinances, 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 September 14, 2010, and subsequently considered for adoption following a second reading during its regularly scheduled meeting commencing at 7:00 p.m. on September 21, 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 of examination and inspection by the public. The Clerk of the Superior Court GEORGIA LAWS 2011 SESSION 4211 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 October 14, 2010. __________ DEKALB COUNTY DEKALB COUNTY PENSION BOARD; CONTRIBUTIONS BY PARTICIPANTS. A HOME RULE ORDINANCE A HOME RULE ORDINANCE BY THE GOVERNING AUTHORITY OF DEKALB COUNTY UNDER THE HOME RULE PROVISIONS FOR COUNTIES OF THE CONSTITUTION OF THE STATE OF GEORGIA, TO AMEND AN ACT OF THE GENERAL ASSEMBLY OF 1962, FOUND IN GEORGIA LAWS 1962, PAGE 3088, ET SEQ., AS AMENDED, CREATING THE DEKALB COUNTY PENSION BOARD, SO AS TO FURTHER AMEND SAID ACT TO INCREASE THE CONTRIBUTIONS BY PARTICIPANTS. 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 10 of the Act (codified in the Code of DeKalb County, Georgia, Appendix B, Section 910), entitled "Contributions by participants," by deleting the last sentence of said section in its entirety and inserting the following language in lieu thereof: Effective January 1, 2011, it shall be the duty of the Director of Finance of DeKalb County to make payroll deductions from the compensation paid to each participant of an amount equal to 8.38% percent of the compensation of the participant. Effective January 1, 2012, it shall be the duty of the Director of Finance of DeKalb County to make payroll deductions from the compensation paid to each participant of an amount equal to 8.63% of the 4212 COUNTY HOME RULE ORDINANCES compensation of participant. Contributions will continue to be deducted so long as the participant continues to be employed by DeKalb County. 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 7th day of December, 2010 and again on the 14th day of December, 2010 at the regular time and place of the meeting of the Board of Commissioners of DeKalb County, Georgia. 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. GEORGIA LAWS 2011 SESSION 4213 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 14th day of December, 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 16th day of December, 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, Jr. W. BURRELL ELLIS, Jr. Chief Executive Officer DeKalb County, Georgia APPROVED AS TO FORM: s/ L. E. CHANG Lisa E. Chang County Attorney DeKalb County, Georgia APPROVED AS TO SUBSTANCE: s/ JOEL GOTTLIEB Joel Gottlieb Interim Director of Finance DeKalb County 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 14 day of December, 2010. 4214 COUNTY HOME RULE ORDINANCES And same appears in Minutes of said Board this day 26 January, 2011. 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, PAYROLL DEDUCTIONS was published in said newspaper on the following date(s): 11/11/10, 11/18/10, 11/25/10 s/ CAROLYN J. GLENN CAROLYN J. GLENN, PUBLISHER Sworn to and subscribed before me this 11/26/10. s/ JACQUELINE BRYANT Notary Public My commission expires September 22, 2014 [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, as amended) relating to the creation of the DeKalb County Pension Board and contributions to be made by participants. Specifically, the amendment provides that, effective January 1, 2011, it shall be the duty of the Director of Finance of DeKalb County to make payroll deductions from the compensation paid to each participant of an amount equal to 8.38 percent of the compensation of the participant. The public is hereby further notified that this amendment will be considered by the DeKalb County Board of Commissioners at the November 16, 2010 and December 7, 2010 meetings. GEORGIA LAWS 2011 SESSION 4215 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 of interested members of the public. Effective January 1, 2012, it shall be the duty of the Director of Finance of DeKalb County to make payroll deductions from the compensation paid to each participant of an amount to equal 8.63% of the compensation of participant. Contributions will continue to be deducted so long as the participant continues to be employed by DeKalb County. Filed in the Office of the Secretary of State January 28, 2011. _________ FORSYTH COUNTY BOARD OF COMMISSIONERS; AMOUNT OF BOND. A RESOLUTION BY THE BOARD OF COMMISSIONERS OF FORSYTH COUNTY, GEORGIA MODIFYING THE LOCAL ACT SETTING FORTH THE BOND REQUIREMENT FOR MEMBERS OF THE BOARD OF COMMISSIONERS. WHEREAS, the Constitution of the State of Georgia, approved by the voters of the State in November of 1982, and effective July 1, 1983, provides in Article IX, Section II, Paragraph I thereof, that the governing authority of the County may adopt clearly reasonable ordinances, resolutions and regulations; WHEREAS, the Constitution of the State of Georgia, approved by the voters of the State in November of 1982, and effective July 1, 1983, specifically provides in Article IX, Section II, Paragraph I, Subparagraph (b)(l) thereof, that the governing authority of the County may by resolution amend local acts applicable to the governing authority; WHEREAS, the governing authority desires to amend 1972 Ga. Laws, page 2065, Section 5 regarding bond requirements for members of the governing authority to increase the amount of the required bond from $10,000.00 to $25,000.00; 4216 COUNTY HOME RULE ORDINANCES WHEREAS, notice of the consideration of this Resolution has been advertised in compliance with the Constitution of the State of Georgia, Article IX, Section II, Paragraph I, Subparagraph (b)(l); and WHEREAS, this Resolution has been duly adopted by the governing authority at two regular consecutive meetings in compliance with the Constitution of the State of Georgia, Article IX, Section II, Paragraph I, Subparagraph (b)(1); NOW THEREFORE, BE IT RESOLVED, that the Forsyth County Board of Commissioners does hereby resolve that 1972 Ga. Laws, page 2065, Section 5 be repealed in its entirety and replaced with the following: "Section 5. Bond. The members of the board, before entering upon their duties, shall give bond to be signed by a surety company authorized to do business in this State, to be approved by the judge of the probate court of said county, in the sum of $25,000, payable to the Probate Court of Forsyth County, conditioned upon the faithful performance of their duties carrying out the conditions thereof." Duly adopted this 3rd day of March, 2011. FORSYTH COUNTY BOARD OF COMMISSIONERS s/ BRIAN R. TAM Brian R. Tam Chairman s/ PATRICK B. BELL Patrick B. Bell, Vice Chairman s/ RALPH J. AMOS Ralph J. Amos, Secretary s/ JIM BOFF Jim Boff, Member s/ TODD LEVENT Todd Levent, Member GEORGIA LAWS 2011 SESSION 4217 Attest: s/ SONYA BUSH Clerk to the Board AFFIDAVIT OF PUBLICATION STATE OF GEORGIA COUNTY OF FORSYTH Before me, the undersigned a Notary Public, this day came Sebrena Moctezuma, who being duly sworn, according to law, says she is the Office Manager of the FORSYTH COUNTY NEWS, the official newspaper in which the Sheriff's advertisements in and for said County are published, and a Newspaper of general circulation and that a NOTICE OF PUBLICATION RE: NOTICE TO THE PUBLIC RE: AMENDMENT TO ENABLING LEGISLATION FOR THE FORSYTH COUNTY BOARD OF COMMISSIONERS BOND REQUIREMENTS was published 3 time(s) on the dates of FEBRUARY 16, 23, MARCH 2, 2011 (Ref. 691). s/ SEBRENA MOCTEZUMA SEBRENA MOCTEZUMA Subscribed and sworn to before me this 21st day of MARCH, 2011. s/ LORI M. BRENNEN NOTARY PUBLIC [SEAL] NOTICE TO THE PUBLIC To all Forsyth County citizens: In accord with Article IX, Section 2, Paragraph 1 of the Georgia Constitution, please be advised that the Board of Commissioners of Forsyth County will modify its enabling legislation (Ga. Laws 1964, Ex. Sess., p. 2225), and all pertinent amendments thereto, specifically Ga. Laws 1972, p. 2065, by repealing Section 5 of said legislation pertaining to the bond requirements for members of the Forsyth County Board of Commissioners, and replacing said section with the following: "Section 5. The members of the board, before entering upon their duties, shall give bond to be signed by a surety company authorized to do business in this State, to be approved by the judge of the probate court of said county, in the sum of $25,000, payable to the Probate Court of Forsyth County, conditioned upon the faithful performance of their duties carrying out the conditions thereof." 4218 COUNTY HOME RULE ORDINANCES The Board shall consider this amendment to its enabling legislation at its regular meetings on March 3, 2011, and March 17, 2011. A copy of the proposed amendment is on file in the office of the Clerk of the Superior Court of Forsyth County for purposes of examination and inspection by the public. The Clerk shall furnish upon written request a copy of the proposed amendment. Filed in the office of the Secretary of State March 28, 2011. __________ COBB COUNTY BOARD OF COMMISSIONERS; VACANCIES; CLERK OF COMMISSION; MINUTE BOOKS; TAX COMMISSIONER; FEE FOR COLLECTING SCHOOL TAXES. Sec. 2-25. Election returns; vacancies. (a) In all elections for chairpersons or commissioners held pursuant to this article, the returns shall be canvassed and the results of same certified as provided by law for elections for members of the general assembly, and the persons so certified shall be declared and deemed to be elected to such offices. (b) In the event of a vacancy in the office of chairperson or a commissioner, due to the fact that the chairperson or commissioner qualifies for another elected position, the term of office for which begins more than 30 days prior to the expiration of such person's current term, the remaining members of the board of commissioners shall appoint a qualified person to fill such vacancy until the vacancy is filled for the unexpired term of office at a special election. Such special election shall be held on the same date as the general election which is first held following the date of the vacancy and shall be conducted in accordance with the provisions of chapter 2 of title 21 (O.C.G.A. 21-2-1 et seq.), the "Georgia Election Code." Reserved. (c) In the event of a vacancy in the office of commissioner or chairperson for a reason other than qualifying for any reason, including for the reason of automatic vacancy due to the fact that the commissioner or chairperson qualifies for another elected position, the term for which begins more than 30 days prior to the expiration of such person's current term, the vacancy shall be filled as provided in this subsection. (1) If the unexpired term of office exceeds 180 days, the vacancy shall be filled by a special election called and conducted in accordance with chapter 2of title 21 (OC.G.A. 21-2-1 et seq.), the "Georgia Election Code." The vice-chair shall preside during any vacancy in the position of chairperson until the special election results are certified. (2) If the unexpired term of office of a commissioner or chairperson does not exceed 180 days,-; GEORGIA LAWS 2011 SESSION 4219 (i) for a commissioner, the remaining members of the board of commissioners shall appoint a qualified person to serve for the remainder of the unexpired term. (ii) for the chairperson, the vacancy shall be filled at the next general election, and the vice-chair shall preside during the vacancy in the position of chairperson. In that event, the presiding vice-chair shall appoint a second-vice-chair to preside during any subsequent absence of the vice chair or vacancy in the position of vice-chair. (1964 Ga. Laws (Ex. Sess.) (Act No. 22), page 2075, 5; 1993 Ga. Laws (Act No. 213), page 4616, 2) Part II-State Enabling Legislation. Sec. 2-48. Clerk of commission; minute books of commission and county manager. The comptroller shall be ex officio clerk of the commission and chairman; and, if the commission and chairman shall so elect, they may appoint a clerk, who shall keep a proper and accurate book of minutes. The book of minutes of the commission shall contain all the acts, orders and proceedings of the commission in chronological order. A similar book of minutes shall be kept which shall contain, in chronological order, all acts, orders and proceedings of the county manager. The minute books of the county manager and commission shall be open to the public inspection at all times during regular office hours; and certified copies of any entries in the minute books 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 other funds, to be assessed by the commission in an amount sufficient to defray the cost of preparing same. (1964 Ga. Laws (Ex. Sess.) (Act No. 22), page 2075, 18; 1967 Ga. Laws (Act No. 523), page 3182, 3; 1983 Ga. Laws (Act No. 383), page 4283, 8) .......... Sec. 2-102. Tax levy to support office authorized. The board of commissioners of Cobb County is hereby authorized and empowered to levy and collect tax on all taxable property in Cobb County sufficient to pay the salary of said tax commissioner, his chief clerk, his clerical force and the other expenses of his office as herein provided. (1949 Ga. Laws (Act No. 179), page 790, 12) Sec. 2-103. Fees for collection of school district taxes. The tax commissioner of Cobb County shall remit all educational funds collected by said officer to the board of education of Cobb County, except that for the years 2001 through 2011 2021 the amount of 1.6 percent of the school taxes collected shall be retained by the tax commissioner and remitted to the governing authority of Cobb County to reimburse the county for the cost of collecting school taxes. 4220 COUNTY HOME RULE ORDINANCES (1992 Ga. Laws (Act No. 834), page 5684, 1, 2; 2001 Ga. Laws (Act No. 240), page 4488, 1) Secs 2-104--2-140. Reserved. ARTICLE IV. BOARDS, COMMISSIONS AND AUTHORITIES* 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 7, 14, 21 day(s) of January 2011, and on the _____ day(s) of ____ 20 ____ , as provided by law. /s/ Otis Brumby III Subscribed and sworn to before me this 24 day of March, 2011 s/ Sarah Miller Notary Public Cherokee County My commission expires March 31, 2013 [SEAL] M-5528 STATE OF GEORGIA COUNTY OF COBB NOTICE OF AMENDMENT Chapters 2 (Part II), 6, 18, 54, 78, 83, 114, 118, 122, 126 and 134 OF THE CODE OF COBB COUNTY, GEORGIA Notice is hereby given that on January 25, 2011 at 7:00 pm and on February 8, 2011 at 9:00 a.m. and on February 22, 2011 at 7:00 pm; the Board of Commissioners of Cobb County will consider proposed amendments to the Code of Cobb County. These hearings will be held in the second floor Commissioner's Meeting Room, Cobb County Building, 100 Cherokee Street, Marietta, Georgia 30090. A copy of the proposed amendments is on GEORGIA LAWS 2011 SESSION 4221 file at the office of the Clerk of the Board of Commissioners and the Clerk of Superior Court for the purpose of examination and inspection by the public. 1:7, 14, 21 Filed in the office of the Secretary of State March 28, 2011. __________ RABUN COUNTY ALCOHOLIC BEVERAGE ORDINANCE The Rabun County, Georgia Alcoholic Beverage Ordinance is hereby amended by re-writing Chapter 4 in its entirety which shall henceforth read as follows: Sec. 4-1. - Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Adequate parking means one parking space for each 100 square feet of customer service area within the premises of an applicant. Administrator means the county clerk or county marshal or their designee. Alcoholic beverage means and includes all alcohol, distilled spirits, beer, malt beverages, wine or fortified wine. Bar means a business open to the public which sells alcoholic beverages for consumption on the premises which is not a restaurant. Building code means and includes all building, plumbing and electrical codes and any similar technical code of the county. Business area means any street length between intersections where 50 percent or more is in use for business purposes. Church means any permanent building which houses the main sanctuary in which persons regularly assemble for religious worship mid which is publicly designated as a church, but shall not include a residence also used for religious purposes. The term "church" shall not include the temporary housing of a religious group in an otherwise commercial center. County community center means those county-owned events facilities which are made available for payment rental and use by the general public. 4222 COUNTY HOME RULE ORDINANCES Distance means the measurement in horizontal lineal feet as defined in section 4-24. Distilled spirits means any alcoholic beverage obtained by distillation or containing more than 21 percent alcohol by volume, including, but not limited to, all fortified wines. Family means any person related to the holder of such license within the first degree of consanguinity or affinity as determined according to civil law. Good moral character means the propensity of the person to serve the public in the licensed area in a fair, honest and open manner. (1) A judgment in a civil action shall not be used in and of itself as proof of a person's lack of good moral character. It maybe used as evidence in the determination and when so used the person shall be notified and shall be permitted to rebut the evidence by showing that: a. At the current time he or she has the ability to, and is likely to, serve the public in a fair, honest and open manner; and b. He or she is rehabilitated, or that the substance of the former civil action is not reasonably related to the occupation or profession for which he or she seeks a business license or business permit. (2) The following criminal records shall not be used, examined or requested by the county in a determination of good moral character when used as a requirement to obtain a business license or business permit: a. Records of an arrest not followed by a conviction. b. Records of a conviction which has been reversed or vacated, including the arrest records relevant to that conviction. c. Records of an arrest or conviction for a misdemeanor unrelated to the person s likelihood to serve the public in a fair, honest and open manner. Indoor recreation establishment means an indoor facility that contains regulation-size courts or alleys where physical sporting activity takes place and equipment related to the activity is available for rent or sale. License means the authorization by Rahun County to engage in the sale or consumption on the premises of alcoholic beverages. Licensee means a person, real or artificial, holding any class of liccnse issued under the terms of this chapter. GEORGIA LAWS 2011 SESSION 4223 Lounge means a separate room connected with a part of and adjacent to a restaurant or with a hotel with all booths, stoots and tables being unobstructed and open to view. All lounges shall be air conditioned and have a seating capacity of at least 20. Malt beverage means any alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops or any other similar product, or any combination of such products in water, containing not more than 14 percent alcohol by volume and including ale, porter, brown, stout, lager beer, small beer and strong beer. The term does not include sake, known as Japanese rice wine. Park means any public lands owned or controlled by the county or any county of the state, in and upon which play facilities are provided for the recreation and enjoyment of the general public. Premises means the definite closed or partitioned establishment, whether room, shop or building, wherein alcoholic beverages are sold or consumed. The term "premises" shall also include any privately owned or leased courtyard or patio which is architecturally visibly defined. Private club or bonafide private club means any nonprofit association organized under state law that: (1) Has been in existence at least one year prior to the filing of its application for a license to be issued pursuant to this chapter; (2) Has at least 75 regular dues-paying members; (3) Owns, hires, or leases a building or space within a building for the reasonable use of its members, which building or space: a. Has suitable kitchen and dining room space and equipment; and b. Is staffed with a sufficient number of employees for cooking, preparing, and serving meals for its members and guests; and (4) Has no member, officer, agent, or employee directly or indirectly receiving, in the form of salary or other compensation, any profits from the sale of alcoholic beverages beyond a fixed salary. Private residence means a house or dwelling wherein not less than one nor more than three families customarily reside and shall not include an apartment house having facilities for housing four or more families; or any residence which has been unoccupied for a period of six consecutive months immediately prior to the filing of an application. Restaurant means any public place kept, used, maintained, advertised and held out to the public as a place where meals are served and where meals are actually and regularly served, without sleeping accommodations, such place being provided with adequate and 4224 COUNTY HOME RULE ORDINANCES sanitary kitchen and dining room equipment, having employed therein a sufficient number and kind of employees to prepare, cook, and serve non-prepackaged meals for its guests. At least one meal per business day shall be served and the serving of such meals shall be the principal business conducted and sales of prepared, cooked, and non-prepackaged meals must be equal to or more than 60 percent of total sales. Retail means retail sales packaged to go and not for consumption on the premises. School means any state, county, church or other private school that teach the subjects commonly taught in the common schools of this state and shall include the adjacent open land or fenced areas used for school purposes but this shall not include any portion of a private school, where only specialized subjects such as law, stenography, business, music, art, medicine, dentistry, vocational occupations and other special subjects are taught. Service area means that in the event a lounge, private club or restaurant is located adjacent to an indoor recreational establishment and within the same building or structure, the recreational area is defined as being within the service area of such lounge, private club or restaurant and the consumption of alcoholic beverages within the recreational area is permitted. Tasting room means an outlet rot the promotion of a farm winery's wine by providing samples of such wine to the public and for the sale of such wine at retail for consumption on the premises and for sale in closed packages for consumption off the premises. Samples of wine can be given free of charge or for a fee. Wholesaler means any person, firm or corporation engaged in distribution or selling to retailers for the purpose of resale any alcoholic beverages. Wine means any alcoholic beverage containing not more than 21 percent alcohol by volume made from fruits, berries or grapes either by natural fermentation or by natural fermentation with brandy added. The term includes, but is not limited to, all sparkling wines, champagnes, combinations of such beverages, vermouths, special natural wines, rectified wines and like products. The term does not include cooking wine mixed with salt or other ingredients so as to render it unfit for human consumption as a beverage. A liquid shall first be deemed to be a wine at that point in the manufacturing process when it conforms to this definition. (Ord. No. 2004-O-009, 11-16-04; Ord No. 2010-O-002, 1, 5-4-10) GEORGIA LAWS 2011 SESSION 4225 Sec. 4-2. - Purpose of chapter. This chapter has been enacted for the purposes, among others, of: (1) Promoting the health and general welfare of the community; (2) Establishing reasonable and ascertainable standards for the regulation and control of the licensing and sale of alcoholic beverages; (3) Protecting and preserving schools and churches; (4) Giving effect to existing land use and to preserve certain residential areas, with reasonable consideration being given, among others, to the character of the areas and their peculiar suitability for particular uses, the congestion in the roads and streets, and with a general view of promoting desirable living conditions and sustaining stability of neighborhoods and property values; and (5) Protecting against the evils of concentration of the retail outlets for alcoholic beverages in one area or ownership or to prevent undesirable persons from engaging in or having any interest in alcoholic beverages. Sec. 4-3. - Compliance with chapter required. No person holding a license for the sale of beer and wine shall violate any of the provisions of this chapter or the state alcoholic beverage code, O.C.G.A. 3-1-1 et seq., as presently enacted or as the same shall he amended or any of the laws of the United States concerning the sale and distribution of alcoholic beverages. All licensees shall prohibit any employee or agent from being in violation of the law or amendments thereto and the failure of any licensee to properly ensure compliance with this provision shall be sufficient grounds for the denial of the issuance of any license under this chapter or the revocation of any existing license. Each applicant for a beer, wine and/or distilled spirits license shall, upon the issuance of the license, be furnished with a copy of this chapter and shall acknowledge in writing that he has received the same and has full knowledge of its contents and will instruct all employees to fully comply with the terms hereof. (Ord of12-23-2OO2, 12) Sec. 4-4. - Penalties; revocation of license. (a) Upon conviction in the magistrate court of any violation of any provision of this chapter, unless otherwise provided, the punishment shall be as follows: (1) First offense, minimum fine of $500.00; 4226 COUNTY HOME RULE ORDINANCES (2) Second offense, if within 12 months of the first offense, a minimum fine of $750.00 and/or the suspension of any licenses issued under this chapter for 3 months; (3) Third offense, if within 12 months of the second offense, a minimum fine of $l,000.00 and the suspension of any licenses issued under this chapter for 12 months; or (4) Otherwise punishment shall he as set by the magistrate court judge as allowed by the state law. (b) In addition to the penalties provided in subsection (a) of this section, a license issued pursuant to this chapter may be suspended, revoked or placed on probation by the board of commissioners for the following reasons: (1) Failure to pay excise fees or any other fees or taxes required by the county. (2) Disorderly conduct of the establishment. (3) Acts of disturbance on the establishment premises. (4) Violence on the establishment premises. (5) Gambling on the establishment premises. (6) Conviction of violating this chapter by any court with jurisdiction. (7) Charges of or conviction of a felony by the licensee. (8) Creation or maintenance of a nuisance on the establishment premises. (9) Any false statement or material misrepresentation given in the application for the license. (10) For any and other just cause. (c) If it comes to the attention of the board of commissioners or Administrator that the licensee has violated any provisions of this chapter, the following procedures shall apply: (1) The Administrator or his designee shall issue a notice of objection to the board of commissioners, which shall include the address of the location and the specific allegations as to the violation of any provision of this chapter or any provision of this Code. The notice of objection shall also include the recommended action to be taken by the board of commissioners, which may include probation, suspension, or revocation of the license, as well as conditions for maintenance or reinstatement of the license, including and not limited to mandatory responsible sales and server training, with an approved provider, for the licensee, managers, employees, and servers of the licensed establishment. Further, any license under this chapter may be temporarily suspended by the Administrator in his notice of objection for any reason outlined in subsection (b) of this section if it is determined that suspension is in the best interest of the health, safety, and welfare of the public. The Administrator shall then notify the licensee in writing by certified mail or by personal service that a notice of objection has been filed and of any applicable temporary suspension of the license. The notice to the licensee shall include a copy of the notice of objection, and the time, place, and date for a hearing before the board of commissioners on the matter. The hearing shall be within 30 days of the date of the notice to the licensee. Continuances and necessary investigations will be granted and conducted at the discretion of the board of commissioners. GEORGIA LAWS 2011 SESSION 4227 (2) At the hearing, the county and the licensee shall be afforded an opportunity to present evidence and examine witnesses. After this hearing, the board of commissioners shall issue a notice of decision at which time the board of commissioners will dismiss or affirm the objection and/or temporary suspension, and in case of affirmation, the board of commissioners may suspend, revoke or place on probation the license of the licensee. (3) The decision of the board of commissioners shall be in writing and shall state the reasons for their decisions and shall be based upon the merits of the case. (4) The decision of the board of commissioners shall be final but may be appealed to the appropriate court within 30 days of the date of the written decision. (5) The decision of the board of commissioners shall be binding upon the retail party or holder of the license. (d) When the license of any establishment has been revoked, no further license shall be issued under this chapter to the same person, firm or corporation at that location for a period of 12 months from the date of revocation. (e) Whenever the state shall revoke any permit or license to manufacture or sell at wholesale or retail any alcoholic beverages, the county license to manufacture or deal in those products shall thereupon be automatically revoked without any action by the county. (f) All owners or officers of establishments licensed under this chapter shall be responsible for any violation of this chapter by an employee, agent, or representative of the licensed establishment, and the owners and officers may be subject to appropriate administrative action related to such violation, including and not limited to suspension and revocation of the license, in accordance with applicable laws, regulations, and ordinances. Sec. 4-5. - License required. (a) No malt beverages, wines, distilled spirits or any other alcoholic beverage shall be stored, delivered, sold or manufactured in the county except under a license issued pursuant to this chapter and then only for the specific beverage and manner of sale provided in the license. (b) The requirements of this chapter shall be in addition to any other requirements for business licenses under this Code and if other provisions of this Code conflict with this chapter then this chapter shall control. Sec. 4-6. - Types of licenses; number of licenses; renewal. (a) Licenses which maybe issued under this chapter include; (1) Wholesale: a. Malt beverages. b. Wine. c. Distilled spirits. 4228 COUNTY HOME RULE ORDINANCES (2) Retail: a. Malt beverages. b. Wine. c. Ancillary wine sampling license. (3) Consumption on the premises only: a. Malt beverages. b. Wine. c. Distilled spirits. (4) Any combination of the above at the same location provided no retail or wholesale license shall hold any consumption on the premises license for the same location. (5) Farm Winery: A license issued to a farm winery in the county pursuant to this article shall include the right and authority to produce and manufacture wine and to maintain and operate a tasting room on the premises of the farm winery, in conformity with this chapter and state law. (b) A person doing business at more than one place shall take out and pay for a separate license for each place of business. (c) Except as otherwise specifically provided in this title, all licenses issued pursuant to this title shall expire at 12:00 midnight on December 31 of each year and application for renewal shall be made annually on or before November 1, in accordance with O.C.G.A. 3-2-7. Any renewal application not filed on or before the last county business day prior to December 15 shall be assessed a late filing penalty of ten (10%) percent of the cost of the license. (d) No license may be renewed if the licensee could be denied a new license under this chapter, except as provided in section 4-25. (e) The license year for all licenses except licenses for the wholesale distribution of beer and/or wine shall begin on January 1 of each calendar year and end on December 31 of the following year. There shall be no proration of the cost of a license for a partial year. The license year for the wholesale distribution of beer and/or wine shall be as provided by state law. (Ord. of 12-23-2002, 22) Sec. 4-7. - Application procedure. The following provisions shall apply: (1) All applications for new licenses under this chapter shall be accompanied by a payment in cash, cashier's check, money order or by certified check, for all the minimum fees and occupational taxes provided for in this Code for the classification into which the applicant falls. GEORGIA LAWS 2011 SESSION 4229 (2) The county application shall include a photostatic or other copy of all the appropriate state applications and other application forms developed by the administrator. (3) The applicant shall agree to an examination of his past criminal record, if any, and shall provide to the county a complete set of fingerprints and complete information as to the whereabouts of the applicant for the five years immediately preceding the making of the application. (4) The application to be completed by the applicant shall request full details and information as to the ownership of the establishment where the license is to be used and all other information necessary for the administrator to determine if the applicant and the geographical location is in compliance with the laws of this state and the provisions of this chapter. (5) Any false statement, or material misrepresentation in any application under this chapter, shall be grounds for the revocation of any license granted under this article. Sec. 4-8. - Surrender of license upon sale, transfer, or closing of licensed business. Any license issued under this chapter shall be immediately surrendered to the county clerk upon sale, transfer, or closing of the licensed business. Sec. 4-9. - Qualifications of applicant. No license shall be granted pursuant to this chapter where the application or the evidence shows any of the following conditions to exist: (1) The applicant is of bad moral character or has a bad reputation in the community or does not have sufficient mental capacity to conduct the business for which application is made. (2) The applicant has had any license issued under the police powers of any county or other governmental subdivision previously suspended or revoked in the preceding 12 months. (3) An applicant, or a corporation or partnership of which the applicant is or was an officer, director, shareholder, general partner or managing agent, is delinquent in payment of any property tax or other tax or license fee payable to the county, the county or to the state. Sec. 4-10. - Person and geographical location licensed. (a) Any license issued under the provisions of this article is issued jointly to the individual making the application for any license and to the geographical location on which the privileges granted by the license shall be exercised. The failure to comply with the laws of this state or the provisions of this article of either the individual making the application 4230 COUNTY HOME RULE ORDINANCES or the geographical location of the license shall be sufficient grounds to deny the issuance of any the license provided for herein or to revoke the same. (b) Licenses for the retail sale of beer and/or wine shall be issued only to the owner or principal manager of any place of business seeking the license and no license shall be issued to a nominal employee or relative of the manager if not actively engaged in the operation of the business. (c) In the event the place of business, exclusive of real estate, is owned by a person other than the applicant, the fact shall be made known upon the application for license and the owner of the place of business shall also comply with all of the provisions set fourth herein. (d) No license for the retail sale of beer and/or wine is transferable from one geographic location to another, nor is the same transferable from one person to another. (e) There shall be only one license per place of business. In the event there is presently outstanding a valid beer and/or wine license for the place of business for which an application is presently being made, then the application shall not be considered as approved until the time as the existing license is surrendered to the board of commissioners by the named licensee or his designated and authorized agent. (Ord. of 12-23-2002, 15) Sec. 4-11. - Prohibition against issuance to persons with criminal convictions. (a) No license under this chapter shall be issued, renewed or transferred to any person, partnership or corporation where any individual having an interest either as owner, partner, stockholder, directly or indirectly, beneficial or absolute, shall have been convicted within ten years immediately prior to the filing of the application of any felony or convicted within five years immediately prior to the filing of the application of any misdemeanor relating to drugs or any alcoholic beverage business or any state law, county or municipal ordinance violation relating to any alcoholic beverage business. (b) The term "conviction" shall include an adjudication of guilt, a plea of guilty or nolo contenders or the forfeiture of a bond in part or in whole when charged with a crime or the suspension or revocation of any alcoholic beverage license owned in whole or in part by persons listed in subsection (a) of this section. Sec. 4-12. - Residency requirements; registered agent. (a) Residency; citizenship. No person shall be granted a license unless the person demonstrates that he or his registered agent has established residency in the county and been a U.S. citizen for more than at least one year prior to applying for the license. (b) Licenses for the retail sale of beer, wine and/or distilled spirits shall be issued to individuals or entities that have established residency in the county or who have designated GEORGIA LAWS 2011 SESSION 4231 a resident or registered agent within the county to be responsible for any matter relating to the license to be issued. (c) If any registered officer shall cease to be the registered agent of the licensee corporation or shall cease to be a resident of the county or in any manner ceases to meet the requirements of subsection (c) of this section, the licensee shall notify the administrator in writing of such event and shall nominate a new registered officer within five days after such event occurs. Such new registered officer shall meet the requirements in subsections (b) and (c) of this section and must be approved by the administrator. (d) The county shall charge a fee of $100.00 for a change of the corporation's registered officer; however, if the licensee corporation fails to notify the county and nominate a new registered officer within the five-day period, then the county shall charge a fee of $200.00 for a change of the corporation's registered officer and/or revoke the licensee's license. The application process includes submitting a revised application, fingerprinting of the applicant, criminal history investigation. (Ord. of 12-23-2002, 4) Sec. 4-13. - Police investigation; tax record search. (a) The administrator shall cause an inquiry to be made into the county records to determine if the applicant or other parties with an interest in an application for a license under this chapter has any outstanding taxes or special assessments that are delinquent against his property or any other monies owing to the county. No license shall be issued or renewed until such debts are paid in full. (b) As a prerequisite to the issuance of any such permit or license, the applicant shall furnish a complete set of fingerprints. (c) If the Administrator determines that the application is not in order, the administrator shall then notify the applicant of the reasons for not approving the. (d) All applicants shall furnish all reasonable data, information and records requested of them by the administrator and failure to furnish such data, information, contracts, documents, financial statements and other records within 30 days of the request shall automatically serve to dismiss the application. (e) The county may require 30 days for processing any application for a license required under this chapter. The Administrator may extend the 30 days' processing period according to the licensee's compliance should he or she deem it necessary. Sec. 4-14. - License pending completion of building. Where a building in which any person intends to operate under the provisions of this chapter is, at the time of the application for the license, not in existence or not yet completed, a conditional license may be issued. 4232 COUNTY HOME RULE ORDINANCES Sec. 4-15. -- Minimum Lighting Requirements. Minimum lighting requirements. No geographical location shall be provided a license unless the location has complied with article IV of this chapter, providing minimum lighting requirements for the premises. (Ord. of 12-23-2002 23) Sec. 4-16. - Denial of license application. (a) The Administrator must take action to consider an application for a license required by this chapter within 45 days of the administrator receiving a complete application. (b) The Administrator may deny a county license under this chapter on any of the following grounds: (1) Failure to meet state requirements for state license; (2) Failure to pay required fees and taxes; (3) Failure to provide valid information, documents and the like required by this chapter; (4) False information in the application or attached documents; (5) Improper residency of applicant, owner or registered agent; (6) Failure to pass review by the Administrator; (7) Failure to post and maintain proper signs and advertisements required in this chapter; (8) Failure to meet distance, location exterior surface or building requirements; (9) Prior convictions as provided in this chapter; or (10) Failure to meet any other requirements in this chapter for a license of the class applied for. (c) All decisions denying a license shall be in writing, with the reasons for denial stated and shall be mailed or delivered to the applicant. (d) The applicant has 30 days from the date of written notice of the denial of a license application within which to petition for reconsideration by the board of commissioners. The applicant will be granted an opportunity to present additional information, evidence and cross examine witnesses before the board of commissioners. The board of commissioners' decision will be final. (e) An application which has been denied shall not be resubmitted for 12 months after the denial unless there is a substantial change therein which would affect the reason for denial originally. Sec. 4-17. - New and renewal applicants. (a) New applicant. An applicant for a place of business not holding a valid license or who has not operated as a business within 180 days immediately preceding the date of the GEORGIA LAWS 2011 SESSION 4233 application shall be considered a new applicant and no license shall be issued pursuant to a renewal application. (b) Applicant to change person to who licenses is issued. An application to change only the individual to whom the license is issued and not the place of business where any privileges so issued will be exercised shall be considered a renewal application. (c) Renewal applicants. Any applicant for a license for the sale of beer and/or wine who has been the holder of a valid beer and/or wine license within the immediately preceding 12 months of the date of the application shall be considered a renewal applicant and it shall not be necessary for any renewal applicant to complete the approved application and pay the necessary application fee prior to presenting his application to the Administrator. (d) Grounds for denial of renewal. A renewal application can only be denied upon a finding that the applicant has violated the terms of this article, the state alcoholic beverage code, O.C.G.A. 3-1-1 et seq., or any of the laws of the United States concerning the sale and distribution of alcoholic beverages or has been convicted of any felony, crime of moral turpitude or a misdemeanor concerning laws relating to alcohol or drugs. (Ord. of 12-23-2002 18, 19) The applicant has 30 days from the date of written notice of the denial of a license application within which to petition for reconsideration by the board of commissioners. The applicant will be granted an opportunity to present additional information, evidence and cross examine witnesses before the board of commissioners. The board of commissioners' decision will be final. Sec. 4-18. - Inspections. Upon the issuance of a license under this chapter, the named licensee shall, by accepting the license, be deemed to grant full and complete authority to the county marshal and to all other law enforcement officers to enter the place of business wherein the business is operated at any time during regular business hours and at any other time when the business is occupied by one or more persons for the purpose of inspecting the business as to the sale of beer and/or wine and as to any other business or activity being conducted therein. (Ord. of 12-23-2002, 7) Sec. 4-19. - Open containers prohibited. (a) No bottle or other container of alcoholic beverages shall be opened or consumed by any person on the premises, upon which the place of business is conducted and licensed under this chapter, whether the bottle or other container so opened or consumed was bought or obtained at that place of business or elsewhere unless the premises is licensed for 4234 COUNTY HOME RULE ORDINANCES consumption on the premises under this chapter. Any place of business for which a license is issued for package beer and wine only shall at all times prohibit the consumption of beer and wine on the premises of the place of business. (Ord. of 12-23-2002 20) (b) No establishment licensed under this chapter to sell alcoholic beverages shall allow a person to leave those premises with alcoholic beverages in an open cup, bottle, can or other open container. It is prohibited for any person to take any alcoholic beverages outside of a premises licensed for consumption on the premises only. Also, it is prohibited for any person to take an open container out of an establishment licensed for consumption and/or retail package. Sec. 4-20. - Hours and days of operation. (a) Permitted hours. All places of business holding a license for the sale of beer, wine and/or distilled spirits for consumption on the premises shall be closed from 12:00 midnight each night until 7:00 a.m. the following day, and shall further be closed from 12:00 midnight on each Saturday night until 7:00 a.m. the following Monday. (b) Prohibited hours. The hours from 12:00 midnight of each night until 7:00 a.m. the following day and from 12:00 midnight each Saturday night until 7:00 a.m. the following Monday shall be prohibited hours of operation. All the businesses shall be completely empty as to customers at 12:00 midnight and no person shall remain in the business after 12:00 midnight except regular employees of the business who shall remain therein solely for the purpose of closing the business for the day and the cleaning and other work as is reasonably necessary. (c) Employee identification. All employees remaining in the premises after 12:00 midnight shall wear name tags, uniforms, or other easily recognizable identification as employees to aid in the policing of the premises. (d) Exception for certain restaurants. Notwithstanding anything in this chapter to the contrary, any restaurant which holds a license for consumption of beer, wine and/or distilled spirits on the premises may be open during the described prohibited hours of subsection (b) of this section on Sunday so long as no alcoholic beverages are being served, sold or consumed on the premises during the prohibited hours, and so long as the restaurant's annual inventory expense for alcohol (beer and wine) is less than 40 percent of its total yearly inventory expense, that is to say at least 60 percent of the restaurant s total yearly inventory expense must be for food or other nonalcoholic items. (Ord. of 12-23-2002 8, 9; Ord. of 4-22-2003) GEORGIA LAWS 2011 SESSION 4235 State law reference-- Sale of alcoholic beverages on Sundays, election days, and Christmas Day generally, O.C.G.A. 3-3-20; local regulation of Sunday sales, O.C.G.A. 3-3-7. Sec. 4-21. - Certain places and hours where drinking is prohibited. (a) Notwithstanding any other provisions governing the hours of operation of a licensed establishment, no person, firm or corporation owning or operating a place of business licensed under this chapter shall permit any person to drink any distilled spirits, wine, beer or other alcoholic beverage upon the business premises between the hours of 12:00 a.m. and 7:00 a.m. on any day of the week. (b) No person shall possess, consume, or transport an open container containing any distilled spirits, wine, beer or other alcoholic beverage while upon the streets, sidewalks, or public places of the county, or upon or within any vehicle upon the premises of any business establishment holding a license under this chapter, or in any adjacent parking area of any business establishment holding a license under this chapter. The provision of this subsection pertaining to public places only shall not apply to special events that have been approved in advance and in writing by the administrator's office according to the procedures set forth under section 4-26 of this chapter, such as motorcycle "bike nights," car shows, and similar events which may take place in the parking area of a business establishment holding a license under this chapter. (c) Violations of this section shall be subject to the issuance of a citation by a certified peace officer with jurisdiction over the venue, returnable to the magistrate court of the county. Any persons found in violation of this section shall be subject to a fine not to exceed $1 ,000.00 and/or imprisonment of not more than 60 days. Sec. 4-22. - Drive-in, curb service prohibited. (a) Curb service by retail or consumption on the premises licensees under this chapter or delivery of any alcoholic beverages off the licensed premises, other than by wholesalers licensed under this chapter or by the state, is prohibited. (b) Drive-in service windows at premises licensed under this chapter are prohibited. Sec. 4-23. - Offenses involving minors, (a) No person under 21 years of age shall buy or allow to be bought for him any alcoholic beverage from any place where these beverages are kept. (b) No person in charge of, or employed in, any place of business where alcoholic beverages are kept, shall permit any person under 21 years of age to buy or allow to be bought for any person under 21 years of age any alcoholic beverages in or from the place 4236 COUNTY HOME RULE ORDINANCES of business or to frequent or loiter about the premises unless accompanied by a parent or legal guardian. (c) No person shall furnish or serve any person under 21 years of age with any alcoholic beverage. A valid driver's license may be reasonably accepted by the person hereunder as sufficient evidence of age. (d) No person under 21 years of age shall falsely represent his age, in any manner whatever, for the purpose of illegally obtaining any alcoholic beverages. (e) No person shall allow or require a person in his employment under 18 years of age to dispense, serve, sell or take orders for any alcoholic beverage. However, the provisions of this section shall not prohibit persons under 18 years of age who are employed in supermarkets, convenience stores or drugstores from selling or handling alcoholic beverages which are sold for consumption off the premises. (f) No person who is under 21 years of age shall have in his possession, or under his control, at any place whatever in the county, any alcoholic beverage. (g) Violation of any provision of this section shall constitute an offense under this chapter and shall be punishable in the magistrate court; provided, violation of this section by persons who have not yet reached the age of 17 shall be handled as provided by the juvenile court code of the state. Sec. 4-24. -- Location Restrictions. (a) Distance measurements. The linear measurements as to location provided for in this section shall be from the nearest point of the residence, the school or church to the nearest point of the place of business, building or structure for which the license is sought, with the distance to be verified by the county marshal prior to issuance of the license. (b) Proximity to school or church. No license for the sale of beer and/or wine, either for package sales or for consumption on the premises, shall be issued for any place of business which is located within 100 yards of any school or church. (c) Proximity to occupied residence. In addition to the requirements of subsection (a) of this section, no license for the retail sale of beer and/or wine for consumption on the premises shall be issued to any place of business located within 100 yards of an occupied residence unless the location of the business was properly zoned for retail business purposes or held a valid license on the effective date of the ordinance from which this section is derived. Any residence owned by the same owner as the business seeking a beer and/or wine license shall likewise be exempt from the distance requirement. (d) Except for a farm winery located on land zoned for agriculture, no license permitted under this chapter shall be issued to ally location which is not properly zoned for retail business purposes by an appropriate zoning ordinance or other authority for the county. Renewal applications for those who held a license on the effective date of the ordinance from which this chapter is derived shall be exempt from this provision. GEORGIA LAWS 2011 SESSION 4237 (Ord. of 12-23-2002, 11) State law reference-- Similar provisions, O.C.GA. 3-3-21. Sec. 4-25. - Existing licensed business; compliance. (a) To prevent an unconstitutional taking of property, all licensees for alcoholic beverages within the county in compliance with county ordinance requirements involving residency, distance, location, parking and type of building structure in effect at the time of first receiving the license and continuing to be in compliance herewith shall be exempt from the requirements of this chapter involving residency, distance, location, parking and type of building structure. Renewals of such licenses shall also be deemed in compliance under this section to the extent provided in this subsection. (b) Transfers of business ownership at the same location shall be deemed in compliance under this section with regard to the county Code requirements involving distance, location, parking and type of building structure, provided that such business complied with such requirements at the time a license was first issued for such business and further provided that such business has continuously been in compliance with such requirements. These transfers may be approved by the administrator, provided the transferee meets all of the license requirements for a new license. (c) Business transfers to new locations and new licenses must comply with all requirements of this chapter and must be approved by the board of commissioners. Sec. 4-26. - Temporary permit for special event in parking lot of licensed establishment. (a) The licensee or owner of a business establishment holding a current license under this chapter allowing consumption of alcohol on the premises may be issued a special event permit to conduct a special event in the parking lot of the licensed establishment, under the following terms and conditions: (1) Applications for special event permits must be in writing on forms provided by the marshal and must be received with the applicable fee, as established by the board of commissioners, at least 30 days prior to the date of the scheduled special event. Application forms are available in the Commissioner's office. (2) Special events must take place entirely within the private parking lot of the licensed establishment and shall only permit the sale and consumption of beer and/or wine. (3) Special events shall comply with all applicable provisions of state and local law pertaining to the sale and distribution of alcoholic beverages and all zoning and land use regulations. (4) The presence, location, or concentration of persons, animals, structures, vehicles, displays, or other items incident to the conduct of the event shall not interrupt the safe and orderly movement of pedestrians and vehicles entering and exiting the property. 4238 COUNTY HOME RULE ORDINANCES (5) The presence, location, or concentration of persons, animals, structures, vehicles, displays, or other items incident to the conduct of the event shall not interfere with access to the event area or contiguous areas by law enforcement, fire, ambulance, or other emergency vehicles. (6) The Administrator or his designee may deny or immediately revoke any special event permit if it is determined that the special event violates any provision of state or local law or if it is determined that the sale, distribution, or consumption of alcoholic beverages at the event may endanger the health, safety, or welfare of the public. (b) No licensed establishment shall be permitted to host more than three special events under this chapter in any calendar year. (c) The special events described under this section shall have a duration of no more than three (3) consecutive days and shall be otherwise governed by the opening and closing time restrictions contained in this chapter. Sec. 4-27. - Display of license. Holders of licenses issued pursuant to this chapter shall display them prominently and in plain view at all times on the premises for which said licenses were issued. Secs. 4-28 - 4-80. - Reserved. Sec. 4-81. - Fees. (a) Application fee. All material, information, petitions or other data required by this article or required by the board of commissioners shall be provided and furnished by the applicant and license holder at the cost of the applicant. There will be a nonrefundable application fee in the amount provided in the county fee schedule. (b) Criminal history fee. In addition to the application fee, the applicant shall pay a nonrefundable criminal history fee in the amount specified in the county fee schedule to defray the costs of processing the applicant's fingerprints and obtaining the required criminal history. (c) License fee. In addition to application and criminal history fees, the applicant shall submit with his application the first annual license fee in the amount provided in the county fee schedule. In the event issuance of the license is denied, the license fee shall be refunded to the applicant. (d) Renewal fees. Licenses issued hereunder are renewable annually upon payment of the renewal fee provided in the county fee schedule. (Ord. of 12-23-2002 13, 22) GEORGIA LAWS 2011 SESSION 4239 Secs. 4-82 - 4-103. - Reserved. Sec. 4-104. - Servers limited to employees. Drinks shall be served only by employees of the establishments licensed for on-premises consumption. Sec. 4-105. - Lewd dancing prohibited. No licensee under this division shall permit professional belly dancers, strip dancing, exotic dancing or any exhibitions of any like kind by whatever name called in connection with the operation of a restaurant, lounge or private club. Sec. 4-106. - Dangerous weapons prohibited. (a) No person, either employee or patron, shall have on his person any firearm or other dangerous weapon while on any premises licensed under this article. (b) It shall be the responsibility of the owners, operators, managers and their employees to immediately report all violations of this section to the police department. Failure to report these violations shall be a violation of this section. (c) This section shall not apply to county law enforcement officers. Secs. 4-107 - 4-130. - Reserved. Sec. 4-131. - Penalties and revocation. (a) Any licensee who fails to pay the taxes imposed in this division by the county, or fails to pay any amount of such tax required to be collected and paid to the county, within the time required shall pay a penalty of ten percent per month of the tax or amount of the tax, in addition to the tax or amount of the tax, plus interest on the unpaid tax or any portion thereof. (b) The amount of the determination, exclusive of penalties, shall bear interest at a rate of one percent per month. Interest shall be assessed for each month, or fraction thereof; from the day of the month that the amount or any portion thereof should have been paid until the date of payment. Sec. 4-132. - Malt beverages. There is levied an excise tax on the sale of malt beverages within the county as follows: (1) Where malt beverages, commonly known as tap or draft beer, are sold in or from a barrel or bulk container, a tax pursuant to the fee schedule on each container sold 4240 COUNTY HOME RULE ORDINANCES containing not more than 15 1/2 gallons and a proportionate tax at the same rate on all fractional parts of 15 1/2 gallons; and (2) Where malt beverages are sold in bottles, cans or other containers, except barrel or bulk containers, a tax pursuant to the fee schedule per 12 ounces and a proportionate tax at the same rate on all fractional parts of 12 ounces. Sec. 4-133. - Wine. There is levied an excise tax on the sale or use of wine by the package an excise tax pursuant to the fee schedule per liter and a proportionate tax at the same rate on all fractional parts of a liter. Sec. 4-134. - Reserved. Sec. 4-135. - Same - Consumption. There is levied an excise tax on the sale of distilled spirits by the drink in the amount of three percent of the charge to the public for the beverage. This tax does not apply to the sale of fermented beverages. Sec. 4-136. - Payment of tax; records and reports; penalty. (a) All taxes, except those levied in section 4-135, shall be imposed on the wholesale dealer, computable and payable monthly. Each wholesale dealer or distributor selling, shipping or delivering alcoholic beverages to any retail dealer in the incorporated areas of the county, whether delivered to the dealer's place of business for resale, shall, as a condition to the privilege of carrying on such business in the county: (1) Keep true and correct records of all sales, shipments and deliveries of such alcoholic beverages to each retail declare; and such records shall be preserved for a period of one year and shall be made available on request for inspection by any duly authorized representative of the county. (2) Collect from each retail dealer at the time of delivery of the alcoholic beverages the amount of tax due under the terms of this division and hold the same in trust for the county until such amount is remitted to the county as next provided. (3) On or before the 20th of each calendar month make a verified and comprehensive report to the Administrator which shall correctly show all sales and deliveries of alcoholic beverages made to or for retail dealers in the county for the month immediately preceding the report. The report shall show the name and address of each retail dealer, the quantities delivered to each retail dealer, the amount collected under the terms of this chapter, including copies of all sales invoices to each retail dealer, and such other information as may be called for by the board of commissioners. The report shall be GEORGIA LAWS 2011 SESSION 4241 accompanied by remittance to the Administrator of all taxes collected or due as shown on the report. (b) Failure of the wholesale dealer or distributor to remit the taxes required in this division will result in a penalty of ten percent of the tax due in addition to the tax due. Sec. 4-137. - Distilled spirits by the drink. (a) The tax imposed on retail consumption dealers by section 4-135 shall be payable as provided in this section. (b) Every licensee shall, at the time of collecting for food and drinks served, give to the purchaser a receipt on which the price of alcoholic beverages served shall be itemized separately. Where the charges for food and drink are satisfied by credit or deferred payment, the payment of the tax to the licensee may be deferred in a like manner; however, the licensee shall be liable therefore at the time and to the extent that such credits are incurred. (c) Every licensee or its agent is authorized and directed to collect the tax imposed in this division from purchasers of alcoholic beverages by the drink sold within its licensed premises. Such licensee or agent shall furnish such information as may be requested by the Administrator to facilitate the collection of this tax. (d) All taxes collected by any licensee or agent under this division shall be due and payable to the county on or before the 20th day of every month next succeeding each respective calendar month, as set forth in this division. (e) On or before the 20th day of the month, a return for the preceding calendar month shall be filed with the Administrator in such form as the Administrator may prescribe by every licensee liable for the payment of tax under this division. The return shall be accompanied by remittance to the Administrator of all taxes collected or due as shown on the return. (f) All returns shall show the gross receipts from the sale of alcoholic beverages by the drink; amount of tax collected or authorized due for the related period, and such other information as may be required by the county Administrator. Sec. 4-138. - Requirements of wholesalers generally. All wholesalers shall comply with this chapter before they can sell or deliver any alcoholic beverages to any establishment in the county. Deliveries shall be made in a conveyance owned and operated by a wholesaler licensed as set out in this division, and shall be subject to inspection by duly authorized authorities of the county at all times when deliveries are made. 4242 COUNTY HOME RULE ORDINANCES Sec. 4-139. - Failure to collect taxes at delivery: failure to report or remit. (a) It shall be unlawful for any wholesale dealer or distributor, person, firm or corporation to delivery any alcoholic beverages to any retail dealer within the incorporated areas of the county without collecting the taxes provided for in this division at the time of delivery. (b) If any wholesale dealer or distributor fails or refuses to make the reports provided for in this division, the county council shall notify the party in writing, and if the reports are not made and the taxes remitted within five days from the date of the notice, the board of commissioners may withdraw from the wholesale dealer or distributor the privilege of doing business in the county by notifying the state revenue commissioner of the failure and by notifying the retail dealer that further acceptance of deliveries from the wholesaler, until the taxes are paid, may subject the retail dealer to penalty for violation of section 4-140. Sec. 4-140. - Unpaid taxes, sales are violation. It shall be a violation of this chapter for any person, firm or corporation to sell at retail within the incorporated areas of the county any alcoholic beverages on which the taxes provided for in this division have not been paid. Sec. 4-141. - Suspension, revocation or prohibition of retailer's license. A violation of this division or other sections of this chapter shall authorize the board of commissioners to suspend, revoke or place on probation, with or without conditions, the license of any retail party or holder in accordance with the procedures and standards set forth in section 4-4. Secs. 4-142 - 4-151. - Reserved. Sec. 4-152. - Off-site event permits. Rabun County shall be authorized to issue off-site event permits for those businesses licensed pursuant to this chapter to sell beer and wine for consumption on the premises only, to provide for beer and wine sales to be held at off-site events, for events lasting no more than three consecutive days so long as the permit applicant establishes to the satisfaction of the county the following: (1) The applicant contracts to indemnify the county aid provide general liability insurance in the amount of not less than $1,000,000.00 for the specific event; (2) The applicant provides adequate assurance to the county that no underage persons will be served through an appropriate program of identification and restriction of the area of service; GEORGIA LAWS 2011 SESSION 4243 (3) No alcoholic beverages purchased off-site may be brought into the area of the event for consumption and no opened alcoholic beverages shall be removed from the area of service by the consuming public; (4) All persons serving beer and wine at said event would be retail dealers licensed pursuant to Georgia Law and pursuant to the requirements herein to sell beer and wine for retail consumption on premises; (5) The applicant shall reimburse the county for any additional public safety personnel for event security and furthermore consent in writing to venue and jurisdiction being in Rabun County, Georgia for collection purposes and for any other disputes between the parties; (6) The applicant for the permit filly complies with all sections of this chapter; and (7) The applicant pays a per-event fee of $100.00. (8) No permit shall be issued for an off-site event if the proposed site of the off-site event is located within 100 yards of any school or church as provided for under Section 4-24 (b) and as measured from the nearest point of the school or church to the nearest point of the off-site location area for which the off-site permit is sought, with the distance to be verified by the county marshal prior to issuance of the off-site permit. (Ord. of 4-27-2010) Sec. 4-153. - Parking lot lighting required. No person, individual, firm, partnership, cooperative, non-profit membership corporation, joint venture, association, company, corporation, agency, syndicate, estate, trust, business trust, receiver, fiduciary or other group or combination acting as a unit shall in any manner operate an establishment pursuant to a license given for the purpose of allowing the sale and service of alcoholic beverages upon the premises for consumption on the premises until and unless the establishment shall have installed minimum lighting in the outdoor parking area as provided in this article. (a) - Penalties for violation, Any person found to be in violation of this article shall be subject to the following: (1) Revocation of any license issued by the county for the purpose of selling alcoholic beverages for consumption on the premises; (2) Subject to a fine of not more than $1,000.00; (3) Subject to confinement of not more than 30 days; (4) Injunctive relief commenced by the county board of commissioners through the superior courts of the county to enjoin the operation of any establishment by any person for sale of alcoholic beverages for consumption on the premises without first have obtained, maintained and supplied the minimum lighting required in this article; (5) Subject to civil penalties which may be levied by any court of appropriate jurisdiction within the county, for violation of ordinances. 4244 COUNTY HOME RULE ORDINANCES (b) Any parking space, lot or area where a car may be parked upon a premises licensed under this chapter by the county shall provide for outdoor lighting sufficient to illuminate any open or sheltered parking area with an illumination at the surface of no less than three foot candles. Such minimum lighting shall be installed, maintained and operational during all business hours. (c) No person shall be authorized to apply for or receive a license for the purpose of serving alcoholic beverages on the premises unless the minimum lighting provided for by this section shall be first installed and certified operational by the utility company servicing the area with electrical power. (d) Any person shall be exempt from the provisions of this article for minimum lighting if the utility which serves the area in which the business is located certifies to the county hoard of commissioners that it would be economically impractical to install the minimum lighting provided for in this article on or upon the premises now operated by any the person. The exemption shall include current operating businesses only and in no event shall any person be awarded or granted a new license unless the minimum lighting provisions of this article shall first have been provided and complied with pursuant to this article. (Ord. of 12-4-1989) PLACED ON FIRST READING AT THE REGULAR MEETING ON THE 22nd DAY OF FEBRUARY, 2011. PLACED ON FINAL HEARING AND ADOPTION ON THE 22nd DAY OF MARCH, 2011. Any ordinance in conflict with said ordinance is specifically repealed. This ordinance shall become effective ten (10) days after its adoption, after the second reading by the County. RABUN COUNTY, by and through its Board of Commissioners s/ STANLEY E. DARNELL L.S. Stanley E. Darnell, Chairman s/ TOM GARRISON L.S. Tom Garrison s/ KATHERYN GRANBERG L.S. Katheryn Granberg s/ JIMMY LOUDERMILK L.S. Jimmy Loudermilk s/ WILL NICHOLS L.S. Will Nichols GEORGIA LAWS 2011 SESSION 4245 This is to certify that the above Ordinance was adopted at a regular meeting of the Rabun County Board of Commissioners as provided by law. This 22nd day of March, 2011. s/ DEBBIE JACOBS Debbie Jacobs, County Clerk 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: Po #43567 Alcoholic Beverages Ordinance was published in The Clayton Tribune on the following dates: March 03, 2011 March 10, 2011 March 17, 2011 s/ STEPHEN MEADOWS Affiant Sworn to and subscribed before me this 18th day of March, 2011 s/ DAVID L. HOLT Notary Public RABUN COUNTY, GEORGIA My Comm. Expires 09/30/2012 NOTICE OF COUNTY ORDINANCE Notice is hereby given that the Rabun County Board of Commissioners shall consider at its regular monthly meeting to br held at 6:00 p.m. on Tuesday, March 22, 2011, 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 REVISED CHAPTER IN THE CODE FOR RABUN COUNTY, GEORGIA; PROVIDING FOR THE SALE, SERVING AND REGULATION OF ALCOHOLIC BEVERAGES INCLUDING BEER, WINE AND 4246 COUNTY HOME RULE ORDINANCES DISTILLED SPIRITS; AND PROVIDING FOR PENALTIES FOR THE VIOLATION THEREOF. At said meeting, the Board of Commissioners will discuss, consider and receive public input concerning the proposed Ordinance. 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 1, 2011. __________ RABUN COUNTY FEES. Sec. 18-19. - Specific fees. Section Desc Amount Chapter 2 - Administration 2-392 Indigent defense services application fee $50.00 Chapter 4 - Alcoholic Beverages 4-52 Application fee (nonrefundable) 750.00 Criminal history fee (nonrefundable) 25.00 License fee - annually Beer and Wine - Retail package sale only 500.00 Beer and Wine - Retail sale for consumption on the premises 1,000.00 only Beer and Wine and Liquor by the Drink - To change registered agent or officer 100.00 Wine - Farm winery license 500.00 Beer and Wine - Wholesale distribution 5,000.00 Outdoor Events - Permit 350.00 Parking Lot Events - Permit 350.00 Additional Tasting License (applicant must have current Farm Winery License) 500.00 Liquor By The Drink - Annual License 3000.00 GEORGIA LAWS 2011 SESSION 4247 6-21 6-26 6-27 8-139 8-142 8-171 8-177 8-179 10-56 Chapter 6 - Amusements and Entertainment Adult entertainment establishment certificate/license Work Permit Fee for employees in an Adult Entertainment Establishment - Annually Application fee (nonrefundable) Criminal history fee (nonrefundable) Change of location fee Chapter 8 - Animals Impoundment fees Intake fee Cats Dogs Resident, voluntary surrender of animal Daily boarding fee Vaccination and deworming Nonresident animal surrender fee, per animal Dangerous or potentially dangerous dog registration annually Dangerous dog confiscation fees Intake fee Daily boarding fee Redemption of dangerous or potentially dangerous dogs Chapter 10 - Buildings and Building Regulations Building permits New Construction 5,000.00 30.00 500.00 25.00 1,000.00 10.00 20.00 10.00 15.00 40.00 TBD 100.00 10.00 TBD 175.00 4248 COUNTY HOME RULE ORDINANCES Repairs/Additions/Remodels Other 75.00 75.00 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: Po # 43567 Fees & Fines Ordinance was published in The Clayton Tribune on the following dates: March 03, 2011 March 10, 2011 March 17, 2011 s/ STEPHEN T. MEADOWS Affiant Sworn to and subscribed before me this 18th day of March, 2011 s/ DAVID L. HOLT Notary Public RABUN COUNTY, GEORGIA DAVID LEE HOLT NOTARY PUBLIC RABUN COUNTY, GEORGIA MY COMM. EXPIRES 09/30/2012 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 22, 2011, 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 REVISED CHAPTER IN THE CODE FOR RABUN COUNTY, GEORGIA; PROVIDING FOR THE REVISION OF VARIOUS FEES, FINES AND OTHER CHARGES ASSOCIATED WITH APPLICANTS, FEES, CERTIFICATES, PERMITS, LICENSES, AND OTHER EXPENSES. At said meeting, the Board of Commissioners will discuss, consider, and receive public input concerning the GEORGIA LAWS 2011 SESSION 4249 proposed Ordinance. A copy of said ordinance is on file for public inspection at the Office of the Clerk of Rabun County Superior Court for the purposes 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 1, 2011. HOME RULE ORDINANCES OF MUNICIPAL CORPORATIONS GEORGIA LAWS 2010 SESSION 4253 CITY OF GRANTVILLE ADMINISTRATIVE AND SERVICE DEPARTMENTS; PERSONNEL POLICIES. ORDINANCE TO AMEND SECTIONS 3.07 AND 3.08 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 the public health, safety and welfare to amend the Charter of the City of Grantville by amending Sections 3.07 and 3.08; NOW, THEREFORE, be it ordained that Section 3.07 of the Charter of the City of Grantville, Georgia is hereby amended as follows: Section 3.07 Administrative and Service Departments (a) Except as otherwise provided in this charter, the Mayor and city council by ordinance shall prescribe the functions or duties and establish, abolish, alter, consolidate, or leave vacant all nonelective officers, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or by law, the heads of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers and department heads shall receive such compensation as prescribed by ordinance. (d) There shall be a head of each department or agency who shall be its principal officer. Each department head shall, subject to the direction and supervision of the Mayor or city manager, if one is appointed, be responsible for the administration and direction of the affairs and operations of that department head's department or agency. (e) All appointed officers and department heads under the supervision of the Mayor, or city manager if one is appointed, shall be nominated by the Mayor or city manager with confirmation of appointment by the city council. All appointed officers and department heads shall be employees at will and subject to removal or suspension at any time at the recommendation of the city manager or mayor, with confirmation by the city council, unless otherwise provided by law or ordinance. AND, be it further ordained that Section 3.08 of the Charter of the City of Grantville, Georgia is hereby amended as follows: 4254 Section 3.08 MUNICIPAL HOME RULE ORDINANCES Personnel Policies All employees serve at will and may be removed from office at any time by the Mayor and city council unless otherwise provided by ordinance. The 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 any position classification and pay plan, methods of promotion and application of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoff shall be effected; and (4) Such other personnel policies as may be necessary to provide for adequate and systematic handling of the personnel affairs of the City of Grantville. First Reading: 4/12/10 SO ORDAINED in lawfully assembled open session this 26th day of April, 2010. s/ CASEY HOUSTON MAYOR s/ SELMA P. COTY s/ ROCHELLE JABALEY s/ DEBORAH L. ROGERS s/ BARHAM G. LUNDY Attest: s/ Tonya Wheelus 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: May 1, 8, 15 Sworn before me on this 17th day of May 2010. GEORGIA LAWS 2010 SESSION 4255 Notary Public : s/ STACIE LEA KITTLE Stacie Lea Kittle My commission expires Dec 6, 2013 Publisher: s/ SAM JONES Sam Jones PUBLIC NOTICE The Mayor and Council of the City of Grantville are considering a proposed amendment to Sections 4.02, 4.03 and 4.04 of the Charter of the City of Grantville. The purpose of the proposed amendment is to establish a procedure for the preparation and submission of the city's annual budget, the advertising and conducting of a public hearing prior to the adoption of the annual budget; and to set out the required action by the city council on the budget. 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 June 4, 2010. __________ CITY OF MACON VENDOR PREFERENCES. SPONSORS: COUNCIL MEMBERS TOM ELLINGTON AND LONNIE MILEY AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MACON, GEORGIA TO AMEND SECTION 6-402 OF CHAPTER 4 OF ARTICLE VI OF THE CHARTER OF THE CITY OF MACON, RELATING TO PURCHASING PROCEDURES SO AS TO AUTHORIZE A PREFERENCE FOR LOCAL VENDORS OR CONTRACTORS IN CONNECTION WITH PURCHASES AND AWARDS OF CONTRACTS FOR WHICH COMPETITIVE BIDDING OR COMPETITIVE SEALED PROPOSAL IS REQUIRED; AND FOR OTHER PURPOSES. WHEREAS, the City has an interest in the development and support of locally owned businesses which may employ local residents and purchase materials, supplies, and equipment from other local businesses, both of which increase local tax revenues and promote economic growth in the City; and WHEREAS, the City Charter currently requires that contracts and awards be made to the lowest and/or best bidder; and 4256 MUNICIPAL HOME RULE ORDINANCES WHEREAS, a change to the City Charter which would allow the City to grant preferences to local bidders or contractors, would result in an economic benefit to the City and its residents. NOW THEREFORE BE IT ORDAINED by the Mayor and Council of the City of Macon, Georgia, and it is hereby so ordained by the authority of the same: Section 1. SECTION 6-402 OF CHAPTER 4 OF ARTICLE VI OF THE CHARTER OF THE CITY OF MACON Article II of Appendix II of the Charter of the City of Macon, relating to the Purchasing procedures (1972 Ga. Laws (Act No. 1155), page 3152) is amended pursuant to the authority granted the City of Macon under the Municipal Home Rule Act of 1965 (1965 Ga. Laws, p. 298, et seq., as amended, O.C.G.A. Sec. 36-35-1, et seq.) by adding the italicized language to read as follows: 6-402 Purchasing procedure. The council shall prescribe, by ordinance, the procedures for all purchases of real and personal property by the city. Competitive bidding shall be required for purchases and contracts and awards shall be made to the lowest and/or best bidder, provided that, where not inconsistent with state or federal law, the council may provide for preferences for local bidders and contractors; provided further that the council, by ordinance, may authorize the purchase of goods, materials, supplies, equipment and services without the receipt of formal sealed bids where the price does not exceed a specified dollar amount. Prior to the making of purchases and contracts, the availability of adequate finds shall be certified as provided by ordinance. Section 2. The sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared illegal by the valid judgment or decree of any court of competent jurisdiction, such illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance. Section 3. In accordance with Sec. 1-4(c) of the Code of Ordinances of the City of Macon, Georgia, it is hereby ordained that the provisions of this Ordinance shall become and be made a part GEORGIA LAWS 2010 SESSION 4257 of the Code of Ordinances of the City of Macon, Georgia, and the sections of this Ordinance may be renumbered to accomplish such intention. Section 4. All ordinances or parts thereof in conflict with this Ordinance are hereby repealed. SO ORDAINED this 4th day of May, 2010. s/ MIRIAM PARIS Miriam Paris, President of City Council SO ADOPTED this 6th day of May, 2010. s/ ROBERT A. B. REICHERT Robert A. B. Reichert, Mayor SO ORDAINED this 18th day of May, 2010. s/ MIRIAM PARIS Miriam Paris, President of City Council AS ADOPTED this 19th day of May, 2010. s/ ROBERT A. B. REICHERT Robert A. B. Reichert, Mayor City of Macon, Ga. I do hereby certify that the above and foregoing Ordinance was duly passed at the Regular Meeting of the Council of the City of Macon, held 5-4-2010. Witness my hand and seal of the City of Macon this 5-5-2010. s/ JOYCE R. HUMPHREY Clerk of Council SUBMITTED TO MAYOR'S OFFICE May 5, 2010 RETURNED FROM MAYOR'S OFFICE May 6, 2010 3:45 PM 4258 MUNICIPAL HOME RULE ORDINANCES City of Macon, Ga. I do hereby certify that the above and foregoing Ordinance was duly passed at the Regular Meeting of the Council of the City of Macon, held 5-18-2010. Witness my hand and seal of the City of Macon this 5-19-2010. s/ JOYCE R. HUMPHREY Clerk of Council SUBMITTED TO MAYOR'S OFFICE May 19, 2010 RETURNED FROM MAYOR'S OFFICE May 20, 2010 4:25 PM CERTIFICATION June 1, 2010 I, Joyce R. Humphrey, Clerk of the City Council of Macon, Georgia do hereby certify that the attached is a true and correct copy on file in the City Council Office of Ordinance Number O-10-010 to amend Section 6-402 of Chapter 4 of Article VI of the Charter of the City of Macon, relating to purchasing procedures so as to authorize a preference for local vendors or contractors in connection with purchases and awards of contracts for which competitive bidding or competitive sealed proposal is required. Given under my hand and the seal of the City of Macon, this 1st day of June 2010. s/ JOYCE R. HUMPHREY Joyce R. Humphrey Clerk of Council [SEAL] STATE OF GEORGIA COUNTY OF BIBB Personally appeared before me, a notary public within and for above state and county, Clero Wright, who deposes and says she is the classified/legal supervisor for The Macon Telegraph and is duly authorized by the publisher thereof to make this affidavit, and that advertisement as follows has been published in The Macon Telegraph on the following dates: 04/23/2010 04/30/2010 05/07/2010 2818800 # GEORGIA, BIBB COUNTY PUBLIC NOTICE -The City of Macon proposes to amend Section 6-402 of its Charter relating to purchasing procedures so as to authorize GEORGIA LAWS 2010 SESSION 4259 a preference for local vendors or contractors. The proposed charter amendment is available for public inspection in the Office of the City Clerk and the Office of the Bibb County Superior Court Clerk. #2818800: 4/23, 30; 5/7 SIGNED s/ CLERO WRIGHT Sworn to and subscribed before me this 07 day of MAY 2010 Notary public s/ Kathleen Jones [SEAL] Filed in the Office of the Secretary of State June 7, 2010. __________ CITY OF GAINESVILLE DEFINITION OF CITY HALL. Filed in Clerk's Office Published Published Published First Reading Published Passed 09/02/2010 09/08/2010 09/15/2010 09/22/2010 10/05/2010 10/08/2010 10/19/2010 AN ORDINANCE HR-2010-01 AN ORDINANCE TO AMEND ARTICLE 3. ENTITLED "ORGANIZATION AND PROCEDURES" OF THE CHARTER OF THE CITY OF GAINESVILLE, GEORGIA, AS AUTHORIZED BY THE OFFICIAL CODE OF GEORGIA 36-35-3, BY AMENDING SECTION 2.31(c), ENTITLED REGULAR AND SPECIAL MEETINGS, OF THE CHARTER TO DEFINE THE WORDS "CITY HALL" WHICH SHALL INCLUDE ALL CITY OWNED PROPERTY OFFERING MEETING ROOM SPACE INCLUDING BUT NOT LIMITED TO THE ADMINISTRATION BUILDING LOCATED AT 300 HENRY WARD WAY, THE GEORGIA MOUNTAINS CENTER LOCATED AT 301 MAIN STREET, THE PUBLIC SAFETY BUILDING LOCATED AT 701 QUEEN CITY PARKWAY, THE CIVIC CENTER LOCATED AT 830 GREEN STREET, THE FAIR STREET 4260 MUNICIPAL HOME RULE ORDINANCES NEIGHBORHOOD CENTER LOCATED AT 715 FAIR STREET AND THE FRANCES MEADOWS AQUATIC AND COMMUNITY CENTER LOCATED AT 1545 COMMUNITY WAY IN THE CITY OF GAINESVILLE WITH NOTICE GIVEN AS REQUIRED IN OCGA 50-14-1(d); TO REPEAL CONFLICTING ORDINANCES; TO PROVIDE FOR SEVERABILITY; TO PROVIDE FOR CODIFICATION; TO PROVIDE FOR AN EFFECTIVE DATE; AND FOR ALL OTHER PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GAINESVILLE, GEORGIA AS FOLLOWS: SECTION I. Section 2.31 (c) of the Charter of the City of Gainesville, Georgia is hereby amended to read as follows: (c) The words "City Hall" shall include all City owned property offering meeting room space including but not limited to the Administration Building located at 300 Henry Ward Way, the Georgia Mountains Center located at 301 Main Street, the Public Safety Building located at 701 Queen City Parkway, the Civic Center located at 830 Green Street, the Fair Street Neighborhood Center located at 715 Fair Street and the Frances Meadows Aquatic and Community Center located at 1545 Community Way in the City of Gainesville, with notice given as required in OCGA 50-14-1(d). SECTION II. The passage of this Ordinance is authorized by the Charter of the City of Gainesville, Georgia and official Code of Georgia Annotated 36-35-1, et. seq. SECTION III. All Ordinances and parts of Ordinances in conflict herewith are hereby repealed. SECTION IV. If any portion of this Ordinance shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair the remaining portions unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional. SECTION V. The effective date of this Ordinance shall be December 1, 2010. GEORGIA LAWS 2010 SESSION 4261 CERTIFIED COPY OF ORDINANCE STATE OF GEORGIA COUNTY OF HALL This is to certify that I am City Clerk of the City Council of the City of Gainesville. As such, I keep its official records, including its minutes, and in that capacity do certify that the attached is a true and correct copy of Ordinance Number HR-2010-01. The incumbent officer or officers authorized to execute the instruments referred to are the Mayor and Council, each now being in office and fully powered so to act. Witness of my official signature and seal this 26th day of October, 2010. s/ DENISE O. JORDAN Denise O. Jordan City Clerk (Seal) CERTIFIED ORDINANCE STATE OF GEORGIA COUNTY OF HALL This is to certify that I am City Clerk of the City Council of the City of Gainesville. As such, I keep its official records, including its minutes, and in that capacity do certify that Ordinance Number HR-2010-01 was approved during the October 19, 2010 Council Meeting. Witness of my official signature and seal this 19th day of October, 2010. s/ DENISE O. JORDAN Denise O. Jordan City Clerk (Seal) AFFIDAVIT OF PUBLICATION State Of Georgia County Of Hall 4262 MUNICIPAL HOME RULE ORDINANCES Personally appeared before the undersigned, Sherrie Jones, who having been duly sworn, on oath, says that she is the Advertising Director of THE TIMES, and that the Advertisement was Published in THE TIMES: Ad#260056, #260507, #261047 Local Government/Public Hearings Public Notice HR Ordinance 2010-01 Published: 9/8, 9/15, 9/22/2010 s/ SHERRIE JONES Sherrie Jones, Affiant Sworn to and Subscribed before me Verified DE This 22nd day of Oct, 2010 s/ DARIAN TRENT SEXTON Notary Public (Darian Trent Sexton) My Commission Expires: Darian Trent Sexton Notary Public Hall County, Georgia My Commission Expires 03/23/2013 CITY OF GAINESVILLE, GEORGIA PUBLIC NOTICE HOME RULE ORDINANCE 2010-01 AN ORDINANCE TO AMEND ARTICLE 3. ENTITLED "ORGANIZATION AND PROCEDURES" OF THE CHARTER OF THE CITY OF GAINESVILLE, GEORGIA, AS AUTHORIZED BY THE OFFICIAL CODE OF GEORGIA 36-35-3, BY AMENDING SECTION 2.31 (c), ENTITLED REGULAR AND SPECIAL MEETINGS, OF THE CHARTER TO DEFINE THE WORDS "CITY HALL" WHICH SHALL INCLUDE ALL CITY OWNED PROPERTY OFFERING MEETING ROOM SPACE INCLUDING BUT NOT LIMITED TO THE ADMINISTRATION BUILDING LOCATED AT 300 HENRY WARD WAY, THE GEORGIA MOUNTAINS CENTER LOCATED AT 301 MAIN STREET, THE PUBLIC SAFETY BUILDING LOCATED AT 701 QUEEN CITY PARKWAY, THE CIVIC CENTER LOCATED AT 830 GREEN STREET, THE FAIR STREET NEIGHBORHOOD CENTER LOCATED AT 715 FAIR STREET AND THE GEORGIA LAWS 2010 SESSION 4263 FRANCES MEADOWS AQUATIC AND COMMUNITY CENTER LOCATED AT 1545 COMMUNITY WAY IN THE CITY OF GAINESVILLE, WITH NOTICE GIVEN AS REQUIRED IN THE OCGA 50-14-1 (d); TO REPEAL CONFLICTING ORDINANCES; TO PROVIDE FOR SEVERABILITY; TO PROVIDE FOR CODIFICATION; TO PROVIDE FOR AN EFFECTIVE DATE; AND FOR ALL OTHER PURPOSES. A copy of the proposed charter amendment is on file in the City Clerk's Office and in the Office of the Clerk of Superior Court for public inspection. A copy of the proposed charter amendment shall be furnished by the City Clerk of the city Council of Gainesville, Georgia upon request. Filed in the Office of the Secretary of State November 10, 2010. ____________ CITY OF SNELLVILLE APPOINTMENT OF COMMITTEES. HRO 2010-01 City of Snellville Gwinnett County, Georgia A HOME RULE ORDINANCE TO AMEND SECTION 2.20(b) OF THE CHARTER OF THE CITY OF SNELLVILLE TO REINSTATE THE PROVISIONS OF THE CITY CHARTER OF 2001; TO DELETE THE REQUIREMENT FOR NOMINATION AND CONFIRMATION OF NOMINATION OF COMMITTEES, COMMITTEE CHAIRPERSONS AND OFFICERS BY CITY COUNCIL; TO REQUIRE APPOINTMENT BY THE MAYOR TO SERVE AT THE PLEASURE OF THE MAYOR AND TO EMPOWER THE MAYOR TO NOMINATE AND CONFIRM NEW MEMBERS TO ANY COMMITTEE AT ANY TIME; TO REPEAL CONFLICTING ORDINANCES; TO PROVIDE FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. It is hereby ordained by the governing authority of the City of Snellville; 1. Section 2.20(b) of the Charter of the City of Snellville is hereby deleted in its entirety and the following inserted in lieu thereof: 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 nominate and confirm new members to any committee at any time. 4264 MUNICIPAL HOME RULE ORDINANCES 2. All ordinances or parts of ordinances in conflict with this amendment are hereby repealed. 3. This ordinance shall be effective upon the date of its adoption set forth below. Adopted this 12th day of July, 2010. s/ JERRY OBERHOLTZER Jerry Oberholtzer, Mayor s/ BARBARA BENDER Barbara Bender, Mayor Pro Tem Attest: s/ KELLY KAUTZ Kelly Kautz, Council Member s/ RUSSELL TREADWAY Russell Treadway, City Manager s/ MIKE SABBAGH Mike Sabbagh, Council Member Approved as to form and substance: s/ TOD WARNER Tod Warner, Council Member s/ ANTHONY O. L. POWELL Anthony O. L. Powell, City Attorney Webb, Tanner, Powell, Mertz & Wilson, LLP s/ TOM WITTS Tom Witts, Council Member PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF GWINNETT Personally appeared before the undersigned, a notary public within and for said county and state, J. K. Murphy, Publisher of the Gwinnett Daily Post, published at Lawrenceville, County of Gwinnett, State of Georgia, and being the official organ for the publication of legal advertisements for said county, who being duly sworn, states on oath that the report of 928-07608483 a true copy of which is hereto attached, was published in said newspaper on the following date (s): May 27, June 3, 10, 2010 GEORGIA LAWS 2010 SESSION 4265 J. K. MURPHY, PUBLISHER s/ TODD CLINE By: Todd Cline Editor Sworn to and subscribed before me this 27th day of October, 2010. s/ CYNTHIA ANN CARTER Notary Public My commission expires May 10, 2013 PUBLIC NOTICE The City Council of the City of Snellville will have the first reading of an ordinance to amend its Charter at 7:30 p.m. on Monday, June 14, 2010, with the second reading at 7:30 p.m. on Monday, June 28, 2010, in the Council Chambers, located at 2342 Oak Road, Snellville, Georgia 30078. A synopsis of the proposed amendment is as follows: A Home Rule Ordinance to amend Section 2.20(b), of the Ordinance of the City of Snellville, to reinstate the provisions of the City Charter of 2001, to delete the requirement for nomination and confirmation of nomination for committees by the City Council and to require appointment of members to committees by the Mayor. A copy of the proposed amendment is on file in the office of the City Clerk of the City of Snellville and on file in the office of the Clerk of the Superior Court of Gwinnett County for the purpose of examination and inspection by the public. Melisa Arnold, City Clerk City of Snellville, Georgia Filed in the office of the Secretary of State November 8, 2010. __________ 4266 MUNICIPAL HOME RULE ORDINANCES CITY OF SNELLVILLE - QUORUM; VOTING. HRO 2010-02 City of Snellville Gwinnett County, Georgia A HOME RULE ORDINANCE TO AMEND SECTION 2.21 OF THE CHARTER OF THE CITY OF SNELLVILLE; TO DELETE THE REQUIREMENT FOR THREE MEMBERS OF THE CITY COUNCIL FOR THE ADOPTION OF ANY ORDINANCE, RESOLUTION OR MOTION; TO REQUIRE A MAJORITY OF THE MEMBERS OF THE MAYOR AND CITY COUNCIL. SHALL BE REQUIRED FOR THE ADOPTION OF ANY ORDINANCE, RESOLUTION OR MOTION; TO REPEAL CONFLICTING ORDINANCES; TO PROVIDE FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. It is hereby ordained by the governing authority of the City of Snellville; 1. Section 2.21 of the Charter of the City of Snellvile is hereby deleted in its entirety and the following inserted in lieu thereof: The mayor and three council members shall constitute a quorum and shall be authorized to transact business of the city council. When the mayor pro tem is presiding in the mayor s absence, the mayor pro tem and three council members shall constitute a quorum. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll call vote and such vote shall be recorded in the journal. Except as otherwise provided in this Charter, the affirmative vote of a majority of the members of the mayor and city council present and voting shall be required for the adoption of any ordinance, resolution, or motion. An abstention shall be counted as an affirmative vote. When the mayor or a councilmember does not vote after being disqualified as required by this Charter, any state law, or local ordinance, such lack of vote shall not be counted as either an affirmative or negative vote. Once a quorum is established, the quorum cannot be defeated by the subsequent departure of the mayor or a councilmember. 2. All ordinances or parts of ordinances in conflict with this amendment are hereby repealed. 3. This ordinance shall be effective upon the date of its adoption set forth below. GEORGIA LAWS 2010 SESSION 4267 Adopted this 12th day of July, 2010. s/ JERRY OBERHOLTZER Jerry Oberholtzer, Mayor s/ BARBARA BENDER Barbara Bender, Mayor Pro Tem Attest: s/ RUSSELL TREADWAY Russell Treadway, City Manager Approved as to form and substance: s/ ANTHONY O. L. POWELL Anthony O. L. Powell City Attorney Webb, Tanner, Powell, Mertz & Wilson, LLP _________________________ Kelly Kautz, Council Member __________________________ Mike Sabbagh, Council Member s/ TOD WARNER Tod Warner, Council Member s/ TOM WITTS Tom Witts, Council Member PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF GWINNETT Personally appeared before the undersigned, a notary public within and for said county and state, J. K. Murphy, Publisher of the Gwinnett Daily Post, published at Lawrenceville, County of Gwinnett, State of Georgia, and being the official organ for the publication of legal advertisements for said county, who being duly sworn, states on oath that the report of 928-07608484 a true copy of which is hereto attached, was published in said newspaper on the following date (s): May 27, June 3, 10, 2010 4268 MUNICIPAL HOME RULE ORDINANCES J. K. MURPHY, PUBLISHER s/ TODD CLINE By: Todd Cline Editor Sworn to and subscribed before me this 27th day of October, 2010. s/ CYNTHIA ANN CARTER Notary Public My commission expires May 10, 2013 PUBLIC NOTICE The City Council of the City of Snellville will have the first reading of an ordinance to amend its Charter at 7:30 pm. on Monday, June 14, 2010, with the second reading at 7:30 pm. on Monday, June 28, 2010, in the Council Chambers, located at 2342 Oak Road, Snellville, Georgia 30078. A synopsis of the proposed amendment is as follows: A Home Rule Ordinance to amend Section 2.21, of the Ordinance of the City of Snellville, to delete the requirement for three members of City Council for the adoption of any ordinance, resolution or motion, to require a majority vote of the members of the Mayor and City Council and to adopt any ordinance, resolution or motion. A copy of the proposed amendment is on file in the office of the City Clerk of the City of Snellville and on file in the office of the Clerk of the Superior Court of Gwinnett County for the purpose of examination and inspection by the public. Melisa Arnold, City Clerk City of Snellville, Georgia Filed in the office of the Secretary of State November 8, 2010. __________ GEORGIA LAWS 2010 SESSION 4269 CITY OF SNELLVILLE COUNCIL-MANAGER FORM OF GOVERNMENT; ELECTION, FORFEITURE OF OFFICE, AND COMPENSATION OF MAYOR. HRO 2010-03 City of Snellville Gwinnett County, Georgia A HOME RULE ORDNANCE TO AMEND SECTION 2.27 OF THE CHARTER OF THE CITY OF SNELLVILLE; TO CORRECT THE REFERENCE TO THE MANAGER FORM OF GOVERNMENT; TO REQUIRE A COUNCIL-MANAGER FORM OF GOVERNMENT; TO REPEAL CONFLICTING ORDINANCES; TO PROVIDE FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. It is hereby ordained by the governing authority of the City of Snellville; 1. Section 2.27 of the Charter of the City of Snellville is hereby deleted in its entirety and the following inserted in lieu thereof: COUNCILMANAGER FORM OF GOVERNMENT Section 2.27. Election of mayor; forfeiture; compensation. The mayor shall be elected and serve for a term of four years and until his or her 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 his or her service. The mayor shall forfeit his or her office on the same grounds and under the same procedure as for council members. The compensation of the mayor shall be established in the same manner as for council members. 2. All ordinances or parts of ordinances in conflict with this amendment are hereby repealed. 3. This ordinance shall be effective upon the date of its adoption set forth below. Adopted this 12th day of July, 2010. s/ JERRY OBERHOLTZER Jerry Oberholtzer, Mayor 4270 MUNICIPAL HOME RULE ORDINANCES s/ BARBARA BENDER Barbara Bender, Mayor Pro Team Attest: s/ KELLY KAUTZ Kelly Kautz, Council Member s/ RUSSELL TREADWAY Russell Treadway, City Manager s/ MIKE SABBAGH Mike Sabbagh, Council Member s/ TOD WARNER Tod Warner, Council Member Approved as to form and substance: s/ ANTHONY O. L. POWELL Anthony O. L. Powell, City Attorney Webb, Tanner, Powell, Mertz & Wilson, LLP s/ TOM WITTS Tom Witts, Council Member PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF GWINNETT Personally appeared before the undersigned, a notary public within and for said county and state, J. K. Murphy, Publisher of the Gwinnett Daily Post, published at Lawrenceville, County of Gwinnett, State of Georgia, and being the official organ for the publication of legal advertisements for said county, who being duly sworn, states on oath that the report of 928-07608485 a true copy of which is hereto attached, was published in said newspaper on the following date (s): May 27, June 3, 10, 2010 J. K. MURPHY, PUBLISHER s/ TODD CLINE By: Todd Cline Editor GEORGIA LAWS 2010 SESSION 4271 Sworn to and subscribed before me this 27th day of October, 2010. s/ CYNTHIA ANN CARTER Notary Public My commission expires May 10, 2013 PUBLIC NOTICE The City Council of the City of Snellville will have the first reading of an ordinance to amend its Charter at 7:30 p.m. on Monday, June 14, 2010, with the second reading at 7:30 p.m. on Monday, June 28, 2010, in the Council Chambers located at 2342 Oak Road, Snellville, Georgia 30078. A synopsis of the proposed amendment is as follows: A Home Rule Ordinance to amend Section 2.27 of the Ordinance of the City of Snellville to correct the reference to the manager form of government, and to require a council-manager form of government. A copy of the proposed amendment is on file in the office of the City Clerk of the City of Snellville and on file in the office of the Clerk of the Superior Court of Gwinnett County for the purpose of examination and inspection by the public. Melisa Arnold City Clerk City of Snellville, Georgia Filed in the Office of the Secretary of State November 8, 2010. __________ CITY OF SNELLVILLE CITY ATTORNEY; APPOINTMENT. HRO 2010-04 City of Snellville Gwinnett County, Georgia A HOME RULE ORDNANCE TO AMEND SECTION 3.12 OF THE CHARTER OF THE CITY OF SNELLVILLE; TO DELETE THE REQUIREMENT FOR THE APPOINTMENT OF THE CITY ATTORNEY BY MAYOR AND COUNCIL TO SERVE AT THS PLEASURE OF THE MAYOR AND COUNCIL AND; TO PROVIDE FOR THE APPOINTMENT OF THE CITY ATTORNEY BY THE MAYOR REINSTATING THE 4272 MUNICIPAL HOME RULE ORDINANCES 2001 CITY CHARTER REQUIREMENT; TO REPEAL CONFLICTING ORDINANCES; TO PROVIDE FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. It is hereby ordained by the governing authority of the City of Snellville; 1. Section 3.12 of the Charter of the City of Snellville is hereby deleted in its entirety and the following inserted in lieu thereof: Section 3.12. City attorney. The mayor shall appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for providing the representation and defense of the city in all litigation in which the city is a party; may be the prosecuting office 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 of him or her by virtue of his or her position as city attorney. 2. All ordinances or parts of ordinances in conflict with this amendment are hereby repealed. 3. This ordinance shall be effective upon the date of its adoption set forth below. Adopted this 12th day of July, 2010. s/ JERRY OBERHOLTZER Jerry Oberholtzer, Mayor s/ BARBARA BENDER Barbara Bender, Mayor Pro Tem _________________________ Kelly Kautz, Council Member Attest: s/ RUSSELL TREADWAY Russell Treadway, City Manager ___________________________ Mike Sabbagh, Council Member GEORGIA LAWS 2010 SESSION 4273 Approved as to form and substance: s/ ANTHONY O. L. POWELL Anthony O. L. Powell, City Attorney Webb, Tanner, Powell, Mertz & Wilson, LLP s/ TOD WARNER Tod Warner, Council Member s/ TOM WITTS Tom Witts, Council Member PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF GWINNETT Personally appeared before the undersigned a notary public within and for said county and state, J. K. Murphy, Publisher of the Gwinnett Daily Post, published at Lawrenceville, County of Gwinnett, State of Georgia, and being the official organ for the publication of legal advertisements for said county, who being duly sworn, states on oath that the report of 928 - 07608486 a true copy of which is hereto attached, was published in said newspaper on the following date (s): May 27, June 3, 10, 2010 J. K. MURPHY, PUBLISHER s/ TODD CLINE By: Todd Cline Editor Sworn to and subscribed before me this 27th day of October, 2010. s/ CYNTHIA ANN CARTER Notary Public My commission expires May 10, 2013 PUBLIC NOTICE The City Council of the City of Snellville will have the first reading of an ordinance to amend its Charter at 7:30 p.m. on Monday, June 14, 2010, with the second reading at 4274 MUNICIPAL HOME RULE ORDINANCES 7:30 p.m. on Monday, June 28, 2010, in the Council Chambers, located at 2342 Oak Road, Snellville, Georgia 30078. A synopsis of the proposed amendment is as follows: A Home Rule Ordinance to amend Section 3.12, of the Ordinance of the City of Snellville, to delete the requirement for the appointment of the city attorney by the Mayor reinstating the 2001 City Charter requirement. A copy of the proposed amendment is on file in the office of the City Clerk of the City of Snellville and on file in the office of the Clerk of the Superior Court of Gwinnett County for the purpose of examination and inspection by the public. Melisa Arnold, City Clerk City of Snellville, Georgia Filed in the Office of the Secretary of State November 8, 2010. ____________ CITY OF SNELLVILLE CITY CLERK; APPOINTMENT. HRO 2010-05 City of Snellville Gwinnett County, Georgia A HOME RULE ORDINANCE TO AMEND SECTION 3.13 OF THE CHARTER OF THE CITY OF SNELLVILLE; TO DELETE THE REQUIREMENT FOR ANNUAL APPOINTMENT OF THE CITY CLERK BY MAYOR AND COUNCIL TO SERVE AT THE PLEASURE OF THE MAYOR AND COUNCIL; TO REQUIRE APPOINTMENT OF A CITY CLERK BY THE MAYOR; TO REPEAL CONFLICTING ORDINANCES; TO PROVIDE FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. It is hereby ordained by the governing authority of the City of Snellville; 1. Section 3.13 of the Charter of the City of Snellville is hereby deleted in its entirety and the following inserted in lieu thereof: GEORGIA LAWS 2010 SESSION 4275 Section 3.13. City clerk. The mayor shall appoint a city clerk who shall not be a councilmernber. 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 maybe required by the mayor and city council. 2. All ordinances or parts of ordinances in conflict with this amendment are hereby repealed. 3. This ordinance shall be effective upon the date of its adoption set forth below. Adopted this 12th day of July, 2010. s/ JERRY OBERHOLTZER Jerry Oberholtzer, Mayor s/ BARBARA BENDER Barbara Bender, Mayor Pro Tem Attest: s/ RUSSELL TREADWAY Russell Treadway, City Manager Approved as to form and substance: s/ ANTHONY O. L. POWELL Anthony O. L. Powell, City Attorney Webb, Tanner, Powell, Mertz & Wilson, LLP s/ KELLY KAUTZ Kelly Kautz, CounciI Member s/ MIKE SABBAGH Mike Sabbagh, Council Member s/ TOD WARNER Todd Warner, Council Member s/ TOM WITTS Tom Witts, Council Member PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF GWINNETT Personally appeared before the undersigned, a notary public within and for said county and state, J. K. Murphy, Publisher of the Gwinnett Daily Post, published at Lawrenceville, County of Gwinnett, State of Georgia, and being the official organ for the publication of legal advertisements for said county, who being duly sworn, states on oath that the report of 4276 928-07608488 MUNICIPAL HOME RULE ORDINANCES a true copy of which is hereto attached, was published in said newspaper on the following date (s): May 27, June 3, 10, 2010 J. K. MURPHY, PUBLISHER s/ TODD CLINE By: Todd Cline Editor Sworn to and subscribed before me this 27th day of October, 2010. s/ CYNTHIA ANN CARTER Notary Public My commission expires May 10, 2013 PUBLIC NOTICE The City Council of the City of Snellville will have the first reading of an ordinance to amend its Charter at 7:30 p.m. on Monday, June 14, 2010, with the second reading at 7:30 p.m. on Monday, June 28, 2010, in the Council Chambers, located at 2342 Oak Road, Snellville, Georgia 30078. A synopsis of the proposed amendment is as follows: A Home Rule Ordinance to amend Section 3.13, of the Ordinance of the City of Snellville, to amend the language to delete the requirement for the annual appointment of the city clerk by Mayor and Council. A copy of the proposed amendment is on file in the office of the City Clerk ol the City of Snellville and on file in the office of the Clerk of the Superior Court of Gwinnett County for the purpose of examination and inspection by the public. Melisa Arnold, City Clerk City of Snellville, Georgia Filed in the Office of the Secretary of State November 8, 2010. __________ GEORGIA LAWS 2010 SESSION 4277 CITY OF SNELLVILLE CITY MANAGER; APPOINTMENT. HRO 2010-06 City of Snellville Gwinnett County, Georgia A HOME RULE ORDINANCE TO AMEND SECTION 3.14 OF THE CHARTER OF THE CITY OF SNELLVILLE; TO AMEND THE LANGUAGE TO CORRECTLY STATE THE AUTHORITY OF THE MAYOR TO NOMINATE THE CITY MANAGER WITH CONFIRMATION BY CITY COUNCIL; TO REQUIRE NOMINATION OF A CITY MANAGER WITH CONFIRMATION BY CITY COUNCIL; TO REPEAL CONFLICTING ORDINANCES; TO PROVIDE FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. It is hereby ordained by the governing authority of the City of Snellville; 1. Section 3.14 of the Charter of the City of Snellville is hereby deleted in its entirety and the following inserted in lieu thereof: Section 3.14. City manager. (a) A city manager shall be nominated by the mayor with the confirmation of the city council. The city manager shall be the chief administrative officer of the city and manage and direct the daily operations of the city government in accordance with local ordinances, law, and policies prescribed by the city council. The city manager shall direct the administrative activities of the city; act as focal point for strategic planning, programming, and budgeting; supervise all city employees; serve as a liaison among the city staff and governing body; assist the general public; and serve on any boards or committees created by the council. (b) The city manager shall specifically: (1) Discipline, suspend, or remove all employees, excluding the city clerk, as further provided by this Charter or state law. The city manager may delegate said authority to the head of a department or office regarding his or her subordinates; (2) Appoint and hire, when necessary for the good of the city, all employees to fill a vacancy or approved position; provided, however, that the mayor shall appoint and hire the city clerk. The city manager shall make a recommendation regarding that position; (3) Prepare and submit to the city council for approval personnel policies and procedures; 4278 MUNICIPAL HOME RULE ORDINANCES (4) Prepare and submit to the city council for approval a position classification and pay plan; (5) Prepare and administer the annual operating and capital improvements budgets and any other budget and submit same to the city council; (6) Prepare and submit to the city council, as of the end of the fiscal year, a complete report on the finances and administrative activities of the city for the preceding year; (7) See that all laws, ordinances, and policies are duly enforced; and (8) Perform other such duties as may be required by the city council not inconsistent with state laws, city ordinances, or this Charter. (c) The city manager's duties and responsibilities may be further defined or provided by a class specification or job description or as assigned or designated by the city council. (d) Except for the purposes of inquiries and investigations, the mayor, the city council, and council members shall deal with city officers and employees who are subject to the direction and supervision of the city manager solely through the city manager; and the mayor, the city council, or council members shall not give orders to any such city officer or employee, either publicly or privately. (e) The city manager shall serve at the pleasure of the mayor and city council and may be suspended or removed by a vote of four members of the city council. 2. All ordinances or parts of ordinances in conflict with this amendment are hereby repealed. 3. This ordinance shall be effective upon the date of its adoption set forth below. Adopted this 12th day of July, 2010. s/ JERRY OBERHOLTZER Jerry Oberholtzer, Mayor s/ BARBARA BENDER Barbara Bender, Mayor Pro Tem Attest: s/ RUSSELL TREADWAY Russell Treadway, City Manager s/ KELLY KAUTZ Kelly Kautz, Council Member s/ MICHAEL SABBAGH Mike Sabbagh, Council Member s/ TOD WARNER Tod Warner, Council Member GEORGIA LAWS 2010 SESSION 4279 Approved as to form and substance: s/ ANTHONY O. L. POWELL Anthony O. L. Powell, City Attorney Webb, Tanner, Powell, Mertz & Wilson, LLP s/ TOM WITTS Tom Witts, Council Member PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF GWINNETT Personally appeared before the undersigned, a nolary public within and for said county and state, J. K. Murphy, Publisher of the Gwinnett Daily Post, published at Lawrenceville, County of Gwinnett, State of Georgia, and being the official organ for the publication of legal advertisements for said county, who being duly sworn, states on oath that the report of 928-07608487 a true copy of which is hereto attached, was published in said newspaper on the following date (s): May 27, June 3, 10, 2010 J. K. MURPHY, PUBLISHER s/ TODD CLINE By: Todd Cline Editor Sworn to and subscribed before me this 27th day of October, 2010. s/ CYNTHIA ANN CARTER Notary Public My commission expires May 10, 2013 PUBLIC NOTICE The City Council of the City of Snellville will have the first reading of an ordinance to amend its Charter at 7:30 p.m. on Monday, June 14, 2010, with the second reading at 7:30 p.m. on Monday, June 28, 2010, in the Council Chambers, located at 2342 Oak Road, Snellville, Georgia 30078. A synopsis of the proposed amendment is as follows: 4280 MUNICIPAL HOME RULE ORDINANCES A Home Rule Ordinance to amend Section 3.14, of the Ordinance of the City of Snellville, to amend the language to correctly state the authority of the Mayor to nominate the city manager with confirmation by City Council. A copy of the proposed amendment is on file in the office of the City Clerk of the City of Snellville and on file in the office of the Clerk of the Superior Court of Gwinnett County for the purpose of examination and inspection by the public. Melisa Arnold, City Clerk City of Snellville, Georgia Filed in the Office of the Secretary of State November 8, 2010. __________ CITY OF ATLANTA PENSION PLANS; REMOVE CERTAIN LANGUAGE. CITY COUNCIL ATLANTA, GEORGIA ORDINANCE AND CHARTER AMENDMENT 10-O-1892 BY FINANCE AND EXECUTIVE COMMITTEE AN ORDINANCE AND CHARTER AMENDMENT TO AMEND THE CHARTER OF THE CITY OF ATLANTA, GEORGIA, 1996 GA LAWS P. 4469, ET SEQ., 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, BY AMENDING PART 1 (CHARTER AND RELATED LAWS), SUBPART A, (CHARTER), ARTICLE III (EXECUTIVE), CHAPTER 5 (CIVIL SERVICE SYSTEM), SECTION 3-507 (MODIFICATION OF PENSION PLANS), SO AS TO REMOVE SUPERFLUOUS LANGUAGE WHICH CONFLICTS WITH LANGUAGE CONTAINED IN CERTAIN PENSION PLANS MAINTAINED BY THE CITY OF ATLANTA, AND TO REMOVE THE LIMITATION ON BENEFITS APPLICABLE TO CERTAIN PENSION PLANS MAINTAINED BY THE CITY OF ATLANTA; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES. WHEREAS, Section 3-507 of the Charter of the City of Atlanta, Georgia, 1996 Ga. Laws P. 4469, et seq. (hereinafter "the Charter") modifies pensions for officials and employees of cities having a population of 300,000 as provided in Georgia Law by proscribing certain rules and procedures; and GEORGIA LAWS 2010 SESSION 4281 WHEREAS, currently, Section 3-507(5) of the Charter provides language which describes how an employee's annual benefit attributable to nonemployee contributions shall be limited; and WHEREAS, conflicting language concerning this limitation of benefits is currently contained within certain pension plans maintained by the City of Atlanta; and WHEREAS, because language concerning this benefit limitation is contained in these pension plans, it is not necessary to include such language in the Charter; and WHEREAS, it is the desire of the City of Atlanta to amend Section 3-507 of the Charter so to remove this superfluous and conflicting language; and WHEREAS, currently, Section 3-507(6) of the Charter provides that "[a]n employee or officer who is not entitled to benefits at or after his or her last termination date must, within seven years thereafter, apply for a refund of his or her employee contributions to the fund; otherwise said contributions shall be forfeited to the pension fund;" and WHEREAS, it is the desire of the City of Atlanta to amend Section 3-507 of the Charter so that this forfeiture of benefits provision shall be deleted. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ATLANTA, GEORGIA AS FOLLOWS: SECTION 1: That Part 1, Subpart A, Article III, Chapter 5, Section 3-507, of the Charter of the City Of Atlanta, Georgia, 1996 Ga. Laws P. 4469, et seq., which currently reads: Section 3-507. - Modification of pension plans. As authorized by the provisions of the Constitution of the State of Georgia of 1983, Article IX, Section II, Paragraph III(a)(14), the Acts, approved February 15, 1933, August 13, 1927, and August 20, 1974 (found respectively at Ga. L. 1993, p. 213, et seq.; Ga. L. 1927, p. 265, et seq.; Ga. L. 1924, p. 167, et seq., all as amended), providing for pensions for officials and employees of cities having a population of 300,000 or more according to the United States Census of 1920 or any subsequent census thereof, shall be modified, insofar as they appertain to employees and officials of the City of Atlanta and its board of education in accordance with the following rules and procedures: (1) Any other provisions in the Charter notwithstanding, any pension law modification shall be effected only by ordinance adopted by at least two-thirds of the total membership of the council and duly approved by the mayor; 4282 MUNICIPAL HOME RULE ORDINANCES (2) Any such ordinance shall be considered by the council only after receipt of: a. An investigation by an independent actuary of any such proposed modification, evidenced by a written report from such actuary which shall include, but not be limited to, such actuary s analysis of the funding requirements relating to any such modification and the opinion of such actuary as to the propriety of any such modification. Any such opinion must state that such modification is in conformity with applicable state laws governing the funding requirements for modifications to such pension plans. Such opinion shall be accompanied by the written recommendations of the city attorney and chief financial officer; b. A written recommendation concerning such ordinance adopted by at least two-thirds of the membership of the board of trustees of each of the respective pension funds affected by such modification; such recommendation shall be considered by, but shall not be binding upon, the council; c. Any such ordinance modifying the Act approved August 13, 1927 (Ga. L. 1927, p. 265 et seq., as amended) and affecting employees of the Atlanta Board of Education shall become effective as to such employees only after such modification is adopted by a majority of the total membership of the Atlanta Board of Education. (3) No substitute or amendment to any ordinances presented to the council hereunder shall be considered without a subsequent investigation of such proposed substitute or amendment by an independent actuary as provided in (b)(i), hereinabove, and the recommendation of the board of trustees of the respective pension fund affected by such modification as set forth in (b)(2), hereinabove; (4) No ordinance which modifies any of the aforesaid pension laws and has a fiscal impact on the pension systems established by such laws shall be adopted by the council or approved by the mayor until adequate provision for funding such modification has been made to defray the fiscal impact of such modification; (5) Limitation on annual benefit. Notwithstanding any provisions to the contrary, an employee's or officer's annual benefit attributable to nonemployee contributions shall not exceed the lesser of: (a) 100 percent of the employee's or officer's highest three consecutive years' average applicable compensation or (b) a dollar amount which is adjusted for inflation based on section 215(i)(2)A of the Social Security Act, as amended. Furthermore, if the employee or officer retires before age 62 the limit shall be actuarially reduced in accordance with Internal Revenue Code Section 415(b), as now or hereafter amended; (6) Forfeiture of benefits. An employee or officer who is not entitled to any vested continuing pension benefits at or after his or her last termination date must, within seven years thereafter, apply for a refund of his or her employee contributions to the fund; otherwise said contributions shall be forfeited to the pension fund. be amended to delete subsections (5) and (6), such that Part 1, Subpart A, Article III, Chapter 5, Section 3-507, of the Charter of the City Of Atlanta, Georgia, 1996 Ga. Laws P. 4469, et seq., shall read as follows: GEORGIA LAWS 2010 SESSION 4283 Section 3-507. - Modification of pension plans. As authorized by the provisions of the Constitution of the State of Georgia of 1983, Article IX, Section II, Paragraph III(a)(14), the Acts, approved February 15, 1933, August 13, 1927, and August 20, 1974 (found respectively at Ga. L. 1933, p. 213, et seq.; Ga. L. 1927, p. 265, et seq.; Ga. L. 1924, p. 167, et seq., all as amended), providing for pensions for officials and employees of cities having a population of 300,000 or more according to the United States Census of 1920 or any subsequent census thereof, shall be modified, insofar as they appertain to employees and officials of the City of Atlanta and its board of education in accordance with the following rules and procedures: (1) Any other provisions in the Charter notwithstanding, any pension law modification shall be effected only by ordinance adopted by at least two-thirds of the total membership of the council and duly approved by the mayor; (2) Any such ordinance shall be considered by the council only after receipt of: a. An investigation by an independent actuary of any such proposed modification, evidenced by a written report from such actuary which shall include, but not be limited to, such actuary as analysis of the funding requirements relating to any such modification and the opinion of such actuary as to the propriety of any such modification. Any such opinion must state that such modification is in conformity with applicable state laws governing the funding requirements for modifications to such pension plans. Such opinion shall be accompanied by the written recommendations of the city attorney and chief financial officer; b. A written recommendation concerning such ordinance adopted by at least two-thirds of the membership of the board of trustees of each of the respective pension funds affected by such modification; such recommendation shall be considered by, but shall not be binding upon, the council; c. Any such ordinance modifying the Act approved August13, 1927 (Ga. L. 1927, p. 265 et seq., as amended) and affecting employees of the Atlanta Board of Education shall become effective as to such employees only after such modification is adopted by a majority of the total membership of the Atlanta Board of Education. (3) No substitute or amendment to any ordinances presented to the council hereunder shall be considered without a subsequent investigation of such proposed substitute or amendment by an independent actuary as provided in (b)(1), hereinabove, and the recommendation of the board of trustees of the respective pension fund affected by such modification as set forth in (b)(2), hereinabove; (4) No ordinance which modifies any of the aforesaid pension laws and has a fiscal impact on the pension systems established by such laws shall be adopted by the council or approved by the mayor until adequate provision for funding such modification has been made to defray the fiscal impact of such modification; 4284 MUNICIPAL HOME RULE ORDINANCES (5) Limitation on annual benefit. Notwithstanding any provisions to the contrary, an employee's or officer's annual benefit attributable to nonemployee contributions shall not exceed the lesser of: (a) 100 percent of the employee's or officer's highest three consecutive years' average applicable compensation or (b) a dollar amount which is adjusted for inflation based on section 215(i)(2)A of the Social Security Act, as amended. Furthermore, if the employee or officer retires before age 62 the limit shall be actuarially reduced in accordance with Internal Revenue Code Section 415(b), as now or hereafter amended;. (6) Forfeiture of benefits. An employee or officer who is not entitled to any vested continuing pension benefits at or after his or her last termination date must, within seven years thereafter, apply for a refund of his or her employee contributions to the fund; otherwise said contributions shall be forfeited to the pension fund. 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. A true copy, s/ Rhonda Dauphin Johnson Municipal Clerk ADOPTED by the Atlanta City Council RETURNED WITHOUT SIGNATURE OF THE MAYOR APPROVED as per City Charter Section 2-403 DEC 06, 2010 DEC 15, 2010 GEORGIA LAWS 2010 SESSION 4285 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 AND CHARTER AMENDMENT TO AMEND THE CHARTER OF THE CITY OF ATLANTA, GEORGIA, 1996 GA LAWS P. 4469, ET SEQ., 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, BY AMENDING PART 1 (CHARTER AND RELATED LAWS), SUBPART A, (CHARTER), ARTICLE III (EXECUTIVE), CHAPTER 5 (CIVIL SERVICE SYSTEM), SECTION 3-507 (MODIFICATION OF PENSION PLANS), SO AS TO REMOVE SUPERFLUOUS LANGUAGE WHICH CONFLICTS WITH LANGUAGE CONTAINED IN CERTAIN PENSION PLANS MAINTAINED BY THE CITY OF ATLANTA, AND TO REMOVE THE LIMITATION ON BENEFITS APPLICABLE TO CERTAIN PENSION PLANS MAINTAINED BY THE CITY OF ATLANTA; 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 DeKaIb Counties, Georgia for the purpose of examination and inspection by the public. This ______ day of __________________, 2010. _______________________________ Rhonda Dauphin Johnson Municipal Clerk City of Atlanta The Atlanta Journal-Constitution PUBLISHER'S AFFIDAVIT J THOMAS COLEMAN personally appeared before me, the undersigned Notary Public, who states that 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 4286 MUNICIPAL HOME RULE ORDINANCES and made part of this affidavit appeared in The Atlanta Journal-Constitution on the following date(s): NOVEMBER 18, NOVEMBER 25, AND DECEMBER 02, 2010. s/ J THOMAS COLEMAN (ACCOUNT EXECUTIVE SIGNATURE) SWORN TO AND SUBSCRIBED BEFORE ME, THIS 6th DAY OF DECEMBER, 2010 [Signature illegible] (NOTARY SIGNATURE) Commission Expires September 13, 2013 PUBLIC NOTICE Notice Of Proposed Amendment To The Charter Of The City Of Atlanta, Georgia Notice is hereby given that an Ordinance (10-O-1892) 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 and Charter Amendment to amend the Charter of the City of Atlanta, Georgia, 1996 Ga. Laws p. 4469, Et Seq., 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, by amending Part 1 (Charter and Related Laws), Subpart A, (Charter), Article III (Executive), Chapter 5 (Civil Service System), Section 3-507 (Modification of Pension Plans), so as to remove superfluous language which conflicts with language contained in certain pension plans maintained by the City of Atlanta; and to remove the limitation on benefits applicable to certain pension plans maintained by the City of Atlanta; to repeal conflicting ordinances; and for other purposes. A copy of this 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 purposes of examination and inspection by the public. Given Under My Hand And Seal Of This Office On This 8th day of November, 2010. Rhonda Dauphin Johnson Municipal Clerk GEORGIA LAWS 2010 SESSION 4287 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-1892 was published in said newspaper on the following date(s): 11/18/10, 11/25/10, 12/02/10 s/ CAROLYN J. GLENN CAROLYN J. GLENN, PUBLISHER Sworn to and subscribed before me this 12/02/10. s/ JACQUELINE BRYANT Notary Public My commission expires September 22, 2014 [SEAL] PUBLIC NOTICE NOTICED OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA, GEORGIA Notice is hereby given that an Ordinance (10-O-1892) 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 and Charter Amendment to amend the Charter of the City of Atlanta, Georgia, 1996 Ga. Laws p. 4469, Et Seq., 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, by amending Part 1 (Charter and Related Laws), Subpart A (Charter), Article III (Executive), Chapter 5 (Civil Service System), Section 3-507 (Modification of Pension Plans), so as to remove superfluous language which conflicts with language contained in certain pension plans maintained by the City of Atlanta; and to remove the limitation on benefits applicable 4288 MUNICIPAL HOME RULE ORDINANCES to certain pension plans maintained by the City of Atlanta; 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 purposes of examination and inspection by the public. GIVEN UNDER MY HAND AND SEAL OF THIS OFFICE ON THIS 8th day of November, 2010. Rhonda Dauphin Johnson MUNICIPAL CLERK PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF FULTON Re: 1600682 Before me, the undersigned, a Notary Public, this day personally came Patrice Grant who, being duly sworn, according to law, says she is an agent of ALM Media, LLC., 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: 11/18/2010, 11/24/2010, 12/02/2010 s/ PATRICE GRANT Patrice Grant (Agent) s/ K. MOSLEY [SEAL] Kaweemah Mosley (Notary Public) Subscribed and sworn to before me this 2nd day of December, 2010. GEORGIA LAWS 2010 SESSION 4289 PUBLIC NOTICE NOTICE OF THE PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA, GEORGIA Notice is hereby given that an Ordinance (10-O-1892) 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 and Charter Amendment to amend the Charter of the City of Atlanta, Georgia, 1996 Ga. Laws p. 4469, Et Seq., 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, by amending Part 1 (Charter and Related Laws), Subpart A, (Charter), Article III (Executive), Chapter 5 (Civil Service System), Section 3-507 (Modification of Pension Plans), so as to remove superfluous language which conflicts with language contained in certain pension plans maintained by the City of Atlanta; and to remove the limitation on benefits applicable to certain pension plans maintained by the City of Atlanta; 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 examination and inspection by the public. GIVEN UNDER MY HAND AND SEAL OF THIS OFFICE ON THIS 8th day of November, 2010. Rhonda Dauphin Johnson MUNICIPAL CLERK Filed in the Office of the Secretary of State December 28, 2010. __________ CITY OF MOUNTAIN CITY MUNICIPAL COURT; ESTABLISHMENT. CHARTER AMENDMENT BE IT ORDAINED BY the mayor and council of the City of Mountain City, Georgia that the Charter of the City of Mountain City is hereby amended pursuant to Title 36, Chapter 35 of the Official Code of Georgia, by striking in its entirety Section 9 of the Charter of the City of Mountain City and substituting in lieu thereof new Sections 9(a), (b), (c), and (d) to read as follows: 4290 SECTION 9. MUNICIPAL HOME RULE ORDINANCES (a) Establishment. There is hereby established for the City of Mountain City a Municipal Court to be known as the Municipal Court of Mountain City. The Municipal Court of Mountain City shall have jurisdiction over violations of municipal ordinances and over such other matters as are by general law made subject to the jurisdiction of municipal courts in the State of Georgia. (b) Jurisdiction and Power. The establishment, jurisdiction, and power of the Municipal Court of Mountain City is as established by the law of Georgia creating Municipal Courts as it exists or as amended. The power of the Municipal Court judge is as established by the law of Georgia as it exists or as amended. Chapter 32 of Title 36 of the Official Code of Georgia Annotated is hereby adopted by reference. (c) Municipal Judge. The judge of the Municipal Court shall be appointed by governing authority of the City of Mountain City. The judge of the Municipal Court shall be a licensed attorney in good standing authorized to practice law in the state. The compensation of the municipal judge will be fixed from time to time by the governing authority of the City of Mountain City. The municipal judge will serve at the pleasure of the governing authority of the City of Mountain City. (d) Notwithstanding any other provision of the charter or the code of ordinances the jurisdiction and power of the Municipal Court of Mountain City, Georgia includes: (1) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (2) The municipal court shall have the authority to punish those in its presence for contempt, provided that such punishment shall not exceed the statutory limits for fines and imprisonment for such municipal court. (3) The Municipal Court may fix punishment for offenses within its jurisdiction, not to exceed a fine of $1,000.00, or imprisonment for one year, or both a fine and imprisonment, or may fix punishment by fine, imprisonment, community service, or any other form of alternative sentencing as now or hereafter provided by law. If state law authorizes punishment in excess of the fine and/or imprisonment specified herein, then the court may impose the greater punishment. (4) The municipal court shall have the authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the actual cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violation of state law, (5) 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 surely to bond for the appearance of persons charged with violations. Whenever any person shall give bail for appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge GEORGIA LAWS 2010 SESSION 4291 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. (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 shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that state law has been violated. (8) Each judge of the municipal court may compel the presence of all parties se necessary to a proper disposal of each case by the issuance of summonses, any subpoenas, and warrants which may be sewed as executed by any officer as authorized by this charter or by law. (9) 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. (10) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to municipal courts to include such laws and ordinances as authorize the abatement of nuisances and prosecution of traffic violations. This 14th day of December, 2010. s/ GRACE WATTS Grace Watts, Mayor CERTIFICATE OF PUBLICATION This is to certify that Stephen T. Meadows, publisher of the Clayton Tribune, the official organ of Rabun County, Georgia, hereby certifies that the above and foregoing charter amendment of the City of Mountain City, Georgia was published in The Clayton Tribune on November 4, 2010, November 11, 2010, and November18, 2010. s/ STEPHEN T. MEADOWS Publisher Sworn to and subscribed before me this 29th day of November, 2010. s/ DAVID L. HOLT Notary Public [SEAL] 4292 MUNICIPAL HOME RULE ORDINANCES NOTICE OF CHARTER AMENDMENT CITY OF MOUNTAIN CITY, GEORGIA Notice is hereby given that the mayor and council of the City of Mountain City, Georgia will consider on November 9, 2010 for first reading a proposed amendment to the Charter of the City of Mountain City, which amendment amends Section 9 of the Charter of the City of Mountain City by striking said Section in its entirety and creating Sections 9(a), (b), (c), and (d) which incorporate by reference the law of Georgia pertaining to municipal courts. This proposed amendment establishes the Municipal Court of the City of Mountain City. This proposed amendment provides for the appointment of a judge of the Municipal Court of the City of Mountain City. This charter amendment incorporates by reference Chapter 32 of Title 36 of the Official Code of Georgia Annotated. This proposed amendment establishes jurisdiction and powers of the Municipal Court. Such proposed charter amendment shall be considered for final passage by the mayor and council of the City of Mountain City, Georgia at the next regular meeting to be held on December 14, 2010 at 6:00 P.M. at the City Hall in Mountain City, Georgia. A copy of the proposed charter amendment is on file with the city clerk of the City of Mountain City, Georgia at the City Hall, and a copy is also on file in the office of the clerk of the Superior Court of Rabun County, Clayton, Georgia. John A. Dickerson, City Attorney November 18, 2010 Filed in the Office of the Secretary of State December 28, 2010. __________ CITY OF WAYNESBORO CITY ADMINISTRATOR; DUTIES; POLICE COMMITTEE; REPEAL. City of Waynesboro Ordinance Number 2010-11-01 AN ORDINANCE ADOPTED PURSUANT TO O.C.G.A. 36-35-I, ET SEQ. ("THE MUNICIPAL HOME RULE ACT OF 1965") AMENDING SECTION 3.04 OF THE CITY CHARTER OF THE CITY OF WAYNESBORO, GEORGIA SO AS TO PROVIDE FOR DIRECT SUPERVISION AND CONTROL OF THE POLICE CHIEF AND CITY POLICE DEPARTMENT PERSONNEL BY THE CITY ADMINISTRATOR; TO DELETE CERTAIN PROVISIONS OF THE CODE OF ORDINANCES OF THE CITY OF WAYNESBORO, GEORGIA RELATING TO THE DUTIES AND AUTHORITY OF THE POLICE COMMITTEE; TO PROVIDE SEVERABILITY; TO PROVIDE FOR REPEAL GEORGIA LAWS 2010 SESSION 4293 OF CONFLICTING ORDINANCES AND CHARTER PROVISIONS; TO PROVIDE AN EFFECTIVE DATE; AND TO PROVIDE FOR OTHER LAWFUL PURPOSES. WHEREAS, the Mayor and City Council of the City of Waynesboro created a Police Committee in Ordinance No. 2002-06-01 to supervise and manage the Police Chief and other Police Department personnel; WHEREAS, in Ordinance No. 2002-06-01, the Police Committee was designated as "the direct supervisory committee for the general operation and management of the [Police] Department"; WHEREAS, the Mayor and City Council amended the City Charter of 1971 (Ga. L. 1971, p. 3328) via Ordinance No. 2003-03-01; WHEREAS, Ordinance No. 2003-03-01 amended Section 3.04 of the City Charter of 1971 concerning the supervisory duties and responsibilities of the City Administrator; WHEREAS, Ordinance 2003-03-01 amended Section 3.04 of the City Charter of 1971 to eliminate the City Administrator s authority to appoint, promote, demote, transfer, suspend, and remove employees in the Police Department and to direct and control their work; WHEREAS, Ordinance 2003-03-01 amended Section 3.04 of the City Charter of 1971 to place the Police Department "under the authority and control of the Mayor and Council"; WHEREAS, the Mayor and City Council voted affirmatively at its November 1, 2010 regular council meeting to place the Police Chief and Police Department personnel back under the authority and control of the City Administrator; WHEREAS, it is the intention of the Mayor and City Council to dissolve the Police Committee and charge the City Administrator with full power and authority to supervise and manage the Police Chief and to provide supervision to all employees within the Police Department; WHEREAS, it is in the best interests of the City of Waynesboro to provide for management and supervision of all City departments by the City Administrator; BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF WAYNESBORO, GEORGIA, AND IT IS HEREBY ORDAINED BY AUTHORITY OF THE SAME, AS FOLLOWS: 4294 MUNICIPAL HOME RULE ORDINANCES Section 1.Amendment of Section 3.04 of City Charter The City Charter of the City of Waynesboro, approved April 10, 1971, as amended by Ordinance No. 2003-03-01, is hereby amended by deleting Section 3.04 in its entirety and substituting the following: "Sec. 3.04. City administrator. The city administrator shall be appointed by the mayor and council, who shall be the chief managerial aide to the mayor. He shall have the authority to appoint, promote, demote, transfer, suspend and remove all employees and to direct and control their work except as otherwise provided in this Act. With the approval of the mayor and council, he shall be responsible for preparing for the mayor and council annual budgets, reports and such other information as the mayor and council may deem necessary and require. He shall be the purchasing agent for the city." Section 2.Amendment of City Code The Code of Ordinances of the City of Waynesboro, as amended by Ordinance No. 2002-06-01, is hereby amended by deleting Section 62-3(1), Section 62-3(2), Section 62-3(3), Section 62-3(4), Section 62-3(5), Section 62-3(6), Section 62-3(7), and Section 62-3(8). All deleted sections relate to the creation, duties and authority of the Police Committee. Section 3.Effective Date Pursuant to the provisions of O.C.G.A. 36-35-3, this Ordinance shall become effective immediately upon its adoption by the City Council at two regularly scheduled meetings, not less than seven (7) nor more than sixty (60) days apart, and after compliance with all of the provisions of The Municipal Home Rule Act of 1965, as amended. Section 4.Ordinances Repealed All City Charter provisions, City Code provisions, ordinances, parts of ordinances, or resolutions in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Severability If any part of this Ordinance is determined by a Court of competent jurisdiction to be invalid, only such part of this Ordinance declared to be invalid shall become void and all other parts shall remain valid and enforceable. GEORGIA LAWS 2010 SESSION 4295 Read, passed and adopted this 20th day of December, 2010. s/ GEORGE L. DELOACH George L. Deloach, Mayor City of Waynesboro Attested by: s/ JERRY L. COALSON Jerry L. Coalson, City Manager First Reading: November 15, 2010 Second Reading: December 20, 2010 (SEAL) The attached is a true and accurate copy of the ordinance as maintained by the City of Waynesboro. s/ JERRY L. COALSON City Manager City Clerk AFFADAVIT OF PUBLICATION OF ADVERTISING STATE OF GEORGIA County of Burke TO WHOM IT MAY CONCERN: This is to certify that the Legal ad in question was published in: The True Citizen (Name of paper), legal organ for Burke County, on the following dates: November 24, 2010, December 1, 8, 2010 Sworn to on this 14 day of December, 2010. s/ MARIANNE SMITH Classified and Legal Advertising Scheduler 4296 MUNICIPAL HOME RULE ORDINANCES Sworn to and subscribed to before me on this 14 day of December, 2010. s/ BETTY BELK Notary Public Notary Public, Burke County, Georgia My Commission Expires Oct. 7, 2013 PUBLIC NOTICE CITY OF WAYNESBORO, GEORGIA AMENDMENT OF CITY CHARTER Pursuant to O.C,G.A. 36-35-1, et. seq., the Mayor and City Council of the City of Waynesboro are proposing an amendment to Section 3.04 of the 1971 City Charter of the City of Waynesboro (Ga. L. 1971, p. 3328), as amended by City Ordinance No. 2003-03-01, for the purpose of placing the Police Chief and Police Department personnel under the authority and control of the City Administrator and discontinuing direct supervision of the Police Department by the Mayor and City Council. Following amendment, Section 3.04 of the City Charter will read as follows: "Sec. 3.04. City administrator. The city administrator shall be appointed by the mayor and council, who shall be the chief managerial aide to the mayor. He shall have the authority to appoint, promote, demote, transfer, suspend and remove all employees and to direct and control their work except as otherwise provided in this Act. With the approval of the mayor and council, he shall be responsible for preparing for the mayor and council annual budgets, reports and such other information as the mayor and council may be deem necessary and require. He shall be the purchasing agent for the city." The City Council will consider final adoption of the proposed amendment to the City Charter at its regular meeting to be held on December 20, 2010. A copy of the proposed amendment to the 1971 City Charter is on file in the Office of the City Clerk located at 628 Myrick Street, Waynesboro, Georgia and in the Office of the Clerk of the Superior Court of Burke County for the purpose of examination and inspection by the public. The City Administrator will provide anyone with a copy of the proposed amendment upon written request. Filed in the Office of the Secretary of State January 20, 2011. GEORGIA LAWS 2010 SESSION 4297 CITY OF HAHIRA NEW CHARTER. CITY OF HAHIRA CHARTER Adopted July 1, 2010 CITY OF HAHIRA, GEORGIA - CHARTER Adopted July 1, 2010 TABLE OF CONTENTS Title Article I. Incorporation and Powers Sec. 1.10. Name Sec. 1.20. Corporate Boundaries Sec. 1.30. Powers and Construction Sec. 1.31. Examples of Powers Sec. 1.40. Exercise of Powers Article II. Government Structure Sec. 2.10-20. Legislative Branch Sec. 2.11. City Council Creation; Number; Election Sec. 2.12. City Council Terms and Qualifications of Office Sec. 2.13. Election of Mayor; Forfeiture; Compensation Sec. 2.14. Vacancy; Filling of Vacancies Sec. 2.15. Compensation and Expenses Sec. 2.16. Holding Other Office; Voting When Financially Interested Sec. 2.17. Inquiries and Investigations Sec. 2.18. General Power and Authority of the City Council Sec. 2.19. Chief Executive Officer Sec. 2.20. Powers and Duties of Mayor Sec. 2.21. Eminent Domain Sec. 2.22. Mayor Pro Tem Sec. 2.30. Organization and Procedures Sec. 2.31. Meetings Sec. 2.31.01. Organizational Meetings Sec. 2.31.02. Regular and Special Meetings Sec. 2.31.03. Submission of Financial Condition 4298 MUNICIPAL HOME RULE ORDINANCES Sec. 2.32. Rules of Procedure Sec. 2.33. Quorum: Voting Sec. 2.34. Ordinances Sec. 2.34.01. Ordinance Form; Procedures Sec. 2.34.02. Action Requiring an Ordinance Sec. 2.34.03. Emergencies Sec. 2.34.04. Codes of Technical Regulations Sec. 2.34.05. Signing; Authenticating; Recording; Codification; Printing Article III. Administrative Affairs Sec. 3.10. Administrative and Service Departments Sec. 3.20. Boards, Commissions and Authorities Sec. 3.30. Administrative Officers Sec. 3.31 City Manager Sec. 3.31.01. Appointment; Qualifications; Compensation Sec. 3.31.02. Removal of the City Manager Sec. 3.31.03. Powers and Duties of the City Manager Sec. 3.32. City Clerk Sec. 3.33. City Attorney Sec. 3.34. City Engineer Sec. 3.35. Chief of Police Sec. 3.36. Fire Chief Sec. 3.37 Public Works Director Sec. 3.40. Personnel Administration Sec. 3.41. Position Classification and Pay Plans Sec. 3.42 Personnel Policies Article IV. Judicial Branch Sec. 4.10. Creation; Name Sec. 4.20. Chief Judge Sec. 4.30 Convening Sec. 4.40. Jurisdiction; Powers Sec. 4.50. Certiorari Sec. 4.60. Rules for Court Article V. Elections and Removal Sec. 5.10. Elections Sec. 5.11. Applicability of General Law GEORGIA LAWS 2010 SESSION 4299 Sec. 5.12. Election of the City Council and Mayor Sec. 5.13. Non-partisan Elections Sec. 5.14. Election by Plurality Sec. 5.15. Other Provisions Sec. 5.20 Removal of Officers Article VI. Finance Sec. 6.10. Taxation and Various Fees Sec. 6.11. Property Taxes Sec. 6.11.01. Millage Rate Sec. 6.12. Occupation Taxes and Regulatory Fees Sec. 6.12.01. Occupation and Business Taxes Sec. 6.12.02. Regulatory Fees; Permits Sec. 6.13. Franchises Sec. 6.14. Service Charges. Sec. 6.15. Special Assessments. Sec. 6.16. Construction; Other Taxes and Fees. Sec. 6.17. Collection of Delinquent Taxes Sec. 6.20. Borrowing Sec. 6.21. General Obligation Bonds Sec. 6.20. Revenue Bonds Sec. 6.23. Short-Term Loans. Sec. 6.24. Lease-Purchase Contracts. Sec. 6.30. Accounting and Budgeting Sec. 6.31. Fiscal Year. Sec. 6.32. Preparation of Budgets Sec. 6.33. Submission of Operating Budget to City Council. Sec. 6.34. Action by Mayor and City Council on Budget. Sec. 6.35. Tax Levies. Sec. 6.36. Changes in Appropriations. Sec. 6.37. Capital Budget. Sec. 6.38. Independent Audit. Sec. 6.40. Procurement and Property Management Sec. 6.41. Contracting Procedures Sec. 6.42. Centralized Purchasing Sec. 6.43. Sale and Lease of City Property Article VII. General Provisions Sec. 7.10. Bonds for Officials 4300 MUNICIPAL HOME RULE ORDINANCES Sec. 7.20. Prior Ordinances Sec. 7.30. Pending Matters. Section 7.40. Construction. Section 7.50. Severability. Section 7.60. Effective Date. CITY OF HAHIRA, GEORGIA - CHARTER Adopted July 1, 2010 TITLE An Act to incorporate the city of Hahira, approved by the General Assembly of Georgia on August 19, 1912 (Ga.L. 1912, p. 951), pursuant to the original incorporation approved October 2, 1891; to provide that all valid contracts heretobefore entered into by the Mayor and Council of the City of Hahira shall be good and valid for or against the City of Hahira; that all property now held and owned by the Mayor and Council of the City of Hahira shall be and become the right and property of the City of Hahira; that all rights and liabilities of the Mayor and Council of the city of Hahira shall accrue to and against the City of Hahira; that all ordinances of the Mayor and Council of the City of Hahira, not in conflict with this charter, shall be valid and enforceable as ordinances of the city of Hahira; to define the limits of the City of Hahira; to provide for a Mayor and Councilmen and other officers of the said City of Hahira; and to prescribe their powers and duties and the manner of their election; to provide for streets and sidewalks and the working or paving of the same; for a system of sanitary sewerage; for a system of water works; to declare and define the police powers of said City of Hahira, and to provide for all matters of municipal concern and cognizance; for taxation or granting of licenses to all kinds of business, trades and professions; to authorize the issuing of bonds of the said City of Hahira by the Mayor and Council and to grant a charter to the said city of Hahira, and for other purposes, is hereby amended in its entirety and all amendatory acts thereto are likewise amended in their entirety. All other laws and parts of laws in conflict with this charter are hereby amended. CITY OF HAHIRA, GEORGIA - CHARTER Adopted July 1, 2010 ARTICLE I. INCORPORATION AND POWERS Sec. 1.10. Name This city and the inhabitants thereof, are re-incorporated by the enactment of this charter and are hereby constituted and declared a body politic and corporate under the name and style City of Hahira, Georgia, and by that name shall have perpetual succession. GEORGIA LAWS 2010 SESSION 4301 Sec. 1.20. 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 of Hahira and to be designated, as the case may be: "Official Map of the corporate limits of the City of Hahira, 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. Sec. 1.30. 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. Sec. 1.31 Examples of Powers By way of example, and not of limitation, the governing body of the city shall have the following 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; 4302 MUNICIPAL HOME RULE ORDINANCES (c) Building Regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, fire safety, electrical, gas, and heating and air conditioning codes; and to regulate all housing, and building trades; (d) Business Regulation and Taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades and professions as authorized by Title 48 of the Official Code of Georgia Annotated, or other such applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees; (e) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Tide 22 of the Official Code of Georgia Ga. Annotated, or such other applicable laws as are or may hereafter be enacted; (f) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms and corporations; (g) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or without the city, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health or well-being of the citizens of the city; (h) Environmental Protection. To protect and preserve the natural resources, environment and vital areas of the city, the region, and the state through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of stormwater and establishment of a stormwater utility, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (i) Fire Regulations. To fix and establish fire limits and from time to time to extend, enlarge or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (j) Garbage Fees. To levy, fix, assess, and collect a garbage, refuse and trash collection and disposal, and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing GEORGIA LAWS 2010 SESSION 4303 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, to provide for the use of pretrial diversion and any alternative sentencing allowed by law, or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (o) Motor Vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys and walkways of the city; (p) Municipal Agencies and Delegation of Power. To create, alter or abolish departments, boards, offices, commissions and agencies of the city, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (q) Municipal Debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized by this charter or the laws of the State of Georgia; (r) Municipal Property Ownership. To acquire, dispose of, lease, and hold in trust or otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (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, stormwater 4304 MUNICIPAL HOME RULE ORDINANCES management, gas works, electric light plants, cable television and other telecommunications, transportation facilities, public airports, and any other public utility, inside or outside the city; and to fix the taxes, charges, rates, fares, fees, assessments, regulations and penalties, and to provide for the withdrawal of service for refusal or failure to pay the same; (u) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (v) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (w) Planning and Zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community; (x) Police and Fire Protection. To exercise the power of arrest through duly appointed police officers, and to establish, operate, or contract for a police and a firefighting agency; (y) Public Hazards: Removal. To provide for the destruction and removal of any building or other structure or condition which is or may become dangerous or detrimental to the public; (z) Public Improvements. To provide for the acquisition, construction, building, operation and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities; and to provide any other public improvements, inside or outside the corporate limits of the city; to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted; (aa) Public Peace. To provide for the prevention and punishment of loitering, disorderly conduct, drunkenness, riots, and public disturbances; (bb) Public Transportation. To organize and operate such public transportation systems as are deemed beneficial; (cc) Public Utilities and Services. To grant franchises or make contracts for, or impose taxes on public utilities and public service companies; and to prescribe the rates, fares, regulations and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission; GEORGIA LAWS 2010 SESSION 4305 (dd) Regulation of Roadside Areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (ee) Retirement. To provide and maintain a retirement plan and other employee benefit plans and programs for officers and employees of the city; (ff) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to grant franchises and rights-of-way throughout the streets and roads, and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands, and to impose penalties for failure to do so; (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, the manufacture and sale of intoxicating liquors; to regulate the transportation, storage and use of combustible, explosive and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; to license and tax professional fortune telling, palmistry, and massage parlors; and to restrict adult bookstores to certain areas; (jj) Special Assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; 4306 MUNICIPAL HOME RULE ORDINANCES (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. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (nn) Urban Redevelopment. To organize and operate an urban redevelopment program; (oo) Other Powers. To exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary 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. Sec. 1.40. 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. CITY OF HAHIRA, GEORGIA - CHARTER Adopted July 1, 2010 ARTICLE II. GOVERNMENT STRUCTURE Sec. 2.10-20. Legislative Branch Sec. 2.11. 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) councilmembers. The four councilmembers shall be elected from single member GEORGIA LAWS 2010 SESSION 4307 districts by the voters in each district. The mayor shall be elected at large, city wide. Members of council from each of the four single-member council districts, designated as Council Districts No. 1, No. 2, No. 3 and No. 4, shall reside in the district he or she represents, and shall be voted on solely by the registered voters residing in his or her district. Council Districts Nos. 1 through 4 shall consist of the territory of the City of Hahira contained in the description of each such district attached to this Charter and made a part hereof. The city council established shall in all respects be a successor to and continuation of the governing authority under prior law. The mayor and councilmembers shall be elected in the manner provided by general law and this charter. The four election districts for the City of Hahira are mote particularly described as follows: District 1: Beginning at the corner of the north city limits and west side of the railroad tracks and run south on the west side of the railroad tracks to West Lawson Street, then east on the south side of West Lawson Street to Webb Street, then south on west side of Webb Street to West Park, then east on south side of West Park Street to South Church Street, then south on west side of South Church Street to West Grace, then west on north side of West Grace to South Hall Street, then south on West side of South Hall Street to south city limits and then west, north, and east along city limits to railroad tracks on north side of city. District 2: Beginning at the corner of Randall Street and South Church Street, then south on east side of South Church Street to East Grace Street, then west on south side of West Grace Street to South Hall Street to south city limits, then east and north along city limits to Hagan Bridge Road, then north on east side of Hagan Bridge to East Grace Street, then west on south side of East Grace Street to Barfield Street, then north on west side of Barfield Street to Randall, then west on south side of Randall Street to South Church. District 3: Beginning at southeast corner of West Lawson and North Webb Street, then south on the east side of North and South Webb Street to West Park Street, then east on north side of West Park Street to South Church Street, then south on east side of South Church to Randall Street, then east on north side of Randall Street to Barfield Street, then south on east side of Barfield Street to East Grace Street, then east on north side of East Grace Street to Hagan Bridge Road, then north on west side of Hagan Bridge Road following north along city limits to East Stanfill, then west on south side of East Stanfill to East Lawson, then east on south side of East Lawson and West Lawson to railroad tracks. District 4: Beginning at the corner of north city limits and railroad tracks, then south on east side of railroad tracks to West Lawson, then east on north side of West Lawson and East Lawson to East Stanfill, then east on north side of East Stanfill to Highway 122, then east 4308 MUNICIPAL HOME RULE ORDINANCES on north side of Highway 122 to east city limits, then north and west along city limits to north railroad tracks. Sec. 2.12. City Council Terms and Qualifications of Office The members of the city council shall serve for terms of four (4) years and until their respective successors arc 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 twelve (12) months prior to the date of election of mayor or members of the council and be a registered and qualified voter of the city at the time of qualifying; each shall continue to reside therein during that member's period of service and to be registered and qualified to vote in municipal elections of this city. In addition to these requirements, no person shall be eligible to serve as a councilmember representing a council district unless that person has been a resident of the district such person seeks to represent for a continuous period of at least six (6) months immediately prior to the date of the election for councilmember and continues to reside in such district during that person's period of service. If the mayor or a member of council changes his or her residence to a district other than the district he or she represents or to a location outside the City, that council seat shall immediately be declared vacant by the city council and the vacancy shall be filled as provided in this charter. Sec. 2.13. Election of Mayor; Forfeiture; Compensation At each regular election the voters of the city shall elect a mayor at large for a term of four (4) years until a successor is elected and qualified. The mayor shall be a qualified elector of this city and shall have been a resident of the city for 12 months preceding the election. The mayor shall continue to reside in this city during the period of service. The mayor shall forfeit the office on the same grounds and under the same procedure as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers. Sec. 2.14. Vacancy; Filling of Vacancies (a) Vacancies - The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or occurrence of any event specified by the Constitution of the State of Georgia, Title 45 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted. (b) Filling of Vacancies - If a vacancy occurs prior to the expiration of the term of any mayor or councilmember, it shall be filled for the remainder of the unexpired term by a special election, 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. GEORGIA LAWS 2010 SESSION 4309 Sec. 2.15. Compensation and Expenses The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance. Sec. 2.16. Holding Other Office; Voting When Financially Interested (a) Elected and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. (b) Except as authorized by law, the mayor or any councilmember shall not hold any other city office or city employment during the term for which that person was elected. (c) Neither the mayor nor any member of the city council shall vote upon, sign or veto any ordinance, resolution, contract or other matter in which that person is financially interested. Sec. 2.17. 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. Sec. 2.18. 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 wellbeing of the inhabitants of the City of Hahira and may enforce such ordinances by imposing penalties for violation thereof. (c) Except for the purpose of inquiries and investigations under Section 2.17, the mayor and city council or its members shall deal with city officers and employees who are subject to the direction and supervision of the mayor and city manager solely through the mayor and city manager, and neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately. Sec. 2.19. Chief Executive Officer The mayor shall be the chief executive of this city. The mayor shall possess all of the executive and administrative power granted to the city under the constitution and laws of 4310 MUNICIPAL HOME RULE ORDINANCES the State of Georgia, and all the executive and administrative powers contained in this charter. Sec. 2.20. Powers and Duties of the Mayor As the chief executive of this city, the mayor shall: (a) see that all laws and ordinances of the city are faithfully executed; (b) appoint and remove all officers and department heads with the advice and consent of the city council, except as otherwise provided in this charter; (c) exercise supervision over all executive and administrative work of the city (d) with the city manager, prepare and submit to the city council a recommended operating budget and capital budget; (e) 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; (g) call special meetings of the city council as provided for in Section 2.23.02(b); (h) provide for an annual audit of all accounts of the city; (i) perform such other duties as may be required by law, this charter, or by ordinance. Sec. 2.21. Eminent Domain The mayor and city council is hereby empowered to acquire, construct, operate and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities, and any other public improvements inside or outside the city, and to regulate the use thereof, and for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future. Sec. 2.22. Mayor Pro Tem The council shall elect by majority vote from among its members at the first meeting of the year a mayor pro tem who shall act as mayor during the absence or disability of the mayor, and, if a vacancy occurs, shall become mayor for the remainder of the expired term. 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 all councilmembers. The mayor pro tem shall sign all ordinances in which the mayor has a disqualifying financial interest as provided in Section 2.17. When serving as mayor, the mayor pro tem shall not also vote as a member of the council except in the event of a tie. GEORGIA LAWS 2010 SESSION 4311 Sec. 2.30. Organization and Procedures Sec. 2.31 Meetings Sec. 2.31.01 Organizational Meetings The city council shall hold an organizational meeting on the first Thursday of the month of January on even years. The meeting shall be called to order by the mayor or mayor-elect and the oath of office shall be administered to the newly elected members and shall, to the extent that it comports with federal and state law, be as follows: "I do solemnly (swear)(affirm) that I will faithfully perform the duties of (mayor)(councilmember) of this city and that I will support and defend the charter thereof as well as the constitution and laws of the State of Georgia and of the United States of America. I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof. I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I by the laws of the State of Georgia am prohibited from holding. I am otherwise qualified to hold said office according to the Constitution and laws of Georgia. I have been a resident [of my district and] the City of Hahira for the time required by the Constitution and laws of this state and by the municipal charter. I will perform the duties of my office in the best interest of the City of Hahira to the best of my ability without fear, favor, affection, reward, or expectation thereof." Sec. 2.31.02 Regular and Special Meetings (a) The city council shall hold regular meetings at such times and places as shall be prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or four (4) 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 (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. 4312 MUNICIPAL HOME RULE ORDINANCES Sec. 2.31.03 Submission of Financial Condition For the purpose of enabling members of the council to know at all times the true financial condition of the town, the mayor and city manager, with the assistance of other personnel of the city, shall prepare for every regular meeting of the mayor and council a balance sheet or other form of financial statement showing the gross revenue of the fiscal year, and expenses up to that time. Sec. 2.32 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. (d) 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, with the exception of the mayor pro tem, who shall be appointed by a majority vote of the council, The mayor shall have the power to appoint new members to any committee at any time. Sec. 2.33 Quorum; Voting (a) The mayor or mayor pro tem and three (3) 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 a majority of the councilmembers present and voting shall be required for the adoption of any ordinance, resolution, or motion. The mayor or mayor pro tem when acting as mayor, shall vote only in case of a tie. (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. Sec. 2.34 Ordinances Sec. 2.34.01 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 Hahira" and every ordinance shall so begin. GEORGIA LAWS 2010 SESSION 4313 (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 after three readings at separate meetings or upon unanimous consent at the first reading; except for emergency ordinances provided in Section 2.34.03. 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 at such other public places as the city council may designate. Sec. 2.34.02 Action Requiring an Ordinance Acts of the city council which have the force and effect of law shall be enacted by ordinance. Sec. 2.34.03 Emergencies (a) To meet a public emergency affecting life, health, property or public peace, the city council may convene on call of the mayor or four (4) 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 the fiscal year in which it was adopted. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists, and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of a majority of the councilmembers present and eligible to vote shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. An emergency ordinance may 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 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted. Sec. 2.34.04 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 2.34.01(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 4314 MUNICIPAL HOME RULE ORDINANCES (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 2.34.05. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for inspection by the public. Sec. 2.24.05 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 Hahira, 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. CITY OF HAHIRA, GEORGIA - CHARTER Adopted July 1, 2010 ARTICLE III. ADMINISTRATIVE AFFAIRS Sec. 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. As used in this section, any action required to be taken with the "advice and consent of the city council" shall require an affirmative vote of a majority of the councilmembers present and eligible to vote on said action. GEORGIA LAWS 2010 SESSION 4315 (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. (b) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance or resolution. (c) There shall be a director of each department or agency who shall be its principal officer. Each director shall 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 or city manager shall be appointed by the mayor with advice and consent of 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 with advice and consent of the council unless otherwise provided by law or ordinance. Sec. 3.20. 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 themselves 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 a majority of members not abstaining 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 4316 MUNICIPAL HOME RULE 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. Sec. 3.30. Administrative Officers Sec. 3.31. City Manager Sec. 3.31.01 City Manager Appointment; Qualifications; Compensation The mayor and 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. Sec. 3.31.02 Removal of the City Manager The city manager is employed at will and may be summarily removed from office at any time by the mayor with the advice and consent of the city council. Sec. 3.31.03 Powers and Duties of the City Manager The city manager shall be responsible to the mayor and city council for the administration of all city affairs placed in the manager's charge by or under this charter. The manager shall: (a) appoint and, when the manager deems it necessary for the good of the city, suspend or remove all city employees (with the exception of department heads and other officers of the city) except as otherwise provided by law or personnel ordinances adopted pursuant to this charter. (b) direct 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 with the mayor the annual operating budget and capital budget to the city council; (f) make such reports as the city council may require concerning the operations of city departments, offices and agencies subject to the manager's direction and supervision; (g) 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 GEORGIA LAWS 2010 SESSION 4317 (h) perform other such duties as are specified in this charter or as may be required by the city council. Sec. 3.32. City Clerk The mayor and 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 mayor and city council. Sec. 3.33. City Attorney The mayor and city council shall appoint a city attorney and shall provide for the payment of such attorney for services rendered to the city. The city attorney shall be responsible for providing for the representation and defense of the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of the person's position as city attorney. The city attorney is not a public official of the city and does not take an oath of office. The city attorney shall at all times be an independent contractor. A law firm, rather than an individual, may be designated as the city attorney. Sec. 3.34. City Engineer The mayor and city council shall appoint a city engineer and shall provide for the payment of such engineer for services rendered to the city. The city engineer shall be responsible for providing technical and comprehensive advice concerning the city's water, sewer, and road infrastructure, and shall perform such other duties as may be required by virtue of the person's position as city engineer. The city engineer is not a public official of the city and does not take an oath of office. The city engineer shall at all times be an independent contractor. An engineering firm, rather than an individual, may be designated as the city engineer Sec. 3.35. Chief of Police The mayor and city council may appoint a chief of police and they shall be the chief executive officer of the police department; and perform such other duties as may be required by the mayor and city council. In the exercise of their duties, the police chief shall have the power to establish and enforce rules and regulations of the government of the members and employees of the department, which rules shall, however, be consistent with the ordinances of the city and laws of the state. 4318 MUNICIPAL HOME RULE ORDINANCES Sec. 3.36. Fire Chief The mayor and city council may appoint a fire chief and they shall be the chief executive officer of the fire department; and perform such other duties as may be required by the mayor and city council. Sec. 3.37. Public Works Director The mayor and city council may appoint a public works director and they shall be the chief executive officer of the public works department; and perform such other duties as may be required by the mayor and city council. Sec. 3.40. Personnel Administration Sec. 3.41 Position Classification and Pay Plans The mayor and 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. Sec. 3.42 Personnel Policies All employees serve at-will and may be removed from office at any time unless otherwise provided by ordinance. CITY OF HAHIRA, GEORGIA - CHARTER Adopted July 1, 2010 ARTICLE IV. JUDICIAL BRANCH Sec. 4.10. Creation; Name There shall be a court to be known as the Municipal Court of the City of Hahira. Sec. 4.20. Chief Judge (a) The municipal court shall be presided over by a chief judge as shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless that person shall have attained the age of 21 years, shall be a member of the State Bar of Georgia with at least two (2) years experience as a practicing attorney, 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 judge shall be fixed by ordinance. GEORGIA LAWS 2010 SESSION 4319 (d) A judge shall 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 2.33. Sec. 4.30. Convening. The municipal court shall be convened at regular intervals as provided by ordinance. Sec. 4.40 Jurisdiction; Powers (a) The municipal court shall have jurisdiction and authority to try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed 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 dollars ($1,000.00) or imprisonment for 180 days or both such fine and imprisonment or may fix punishment by fine, imprisonment or alternative sentencing as now, or hereafter provided by law. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation, and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court, and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for that person's appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at such time, and an execution issued thereon by serving the defendant and the defendant's sureties with a rule nisi, at least two (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. 4320 MUNICIPAL HOME RULE ORDINANCES (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. Sec. 4.50 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. Sec. 4.60 Rules for Court With the approval of the mayor and city council, the chief 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 mayor and 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. CITY OF HAHIRA, GEORGIA - CHARTER Adopted July 1, 2010 ARTICLE V. ELECTIONS AND REMOVAL Sec. 5.10. Elections Sec. 5.11. Applicability of General Law All primaries and elections shall be held and conducted in accordance with the Georgia Election Code (Title 21, Chapter 2 of the Official Code of Georgia Annotated) as now or hereafter amended. Sec. 5.12. 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 mayor and two (2) councilmembers at one election and at every other regular 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. Terms shall be for four years. GEORGIA LAWS 2010 SESSION 4321 Sec. 5.13 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. Sec. 5.14 Election by Plurality The person receiving a plurality of the votes cast for any city office shall be elected. Sec. 5.15. Other Provisions Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the Georgia Election Code. Sec. 5.20 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 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 mayor and/or 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 mayor and/or 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 Lowndes 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 Lowndes County following a hearing on a complaint seeking such removal brought by any resident of the city of Hahira. CITY OF HAHIRA, GEORGIA - CHARTER Adopted July 1, 2010 ARTICLE VI. FINANCE Sec. 6.10. Taxation and Various Fees Sec. 6.11. Property Taxes 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 4322 MUNICIPAL HOME RULE ORDINANCES 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. Sec. 6.11.01 Millage Rate The mayor and city council, by ordinance, shall establish a millage rate for the city property tax, a due date and the time period within which such taxes must be paid. Sec. 6.12. Occupation Taxes and Regulatory Fees Sec. 6.12.01. Occupation and Business Taxes The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. The city council may classify businesses, occupations or professions for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.17. Sec. 6.12.02. 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 regulatory fee for such permit as provided by general law. Such fees, if unpaid, shall be collected as provided in Section 6.17. Sec. 6.13. 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, cable television and other telecommunications companies, gas companies, transportation companies and other similar organizations. GEORGIA LAWS 2010 SESSION 4323 Sec. 6.14. Service Charges. The city council by ordinance shall have the power to assess and collect fees, charges, assessments, and tolls for sewers, sanitary and health services, or any other services provided or made available within and without the corporate limits of the city. If unpaid, such charges shall be collected as provided in Section 6.17. Sec. 6.15. Special Assessments. The city council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners, If unpaid, such charges shall be collected as provided in Section 6.17. Sec. 6.16. 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 anyway the general powers of this city to govern its local affairs. Sec. 6.17. Collection of Delinquent Taxes The city council, by ordinance, may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.11 through 6.16 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 permits for failure to pay any city taxes or fees; and providing for the assignment or transfer of tax executions. Sec. 6.20. Borrowing Sec. 6.21. 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. Sec. 6.22. 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. 4324 MUNICIPAL HOME RULE ORDINANCES Sec. 6.23. 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 6.24. 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 section 36-60-13 of the Official Code of Georgia Annotated, or other such applicable laws as are or may hereafter be enacted. Sec. 6.30. Accounting and Budgeting Sec. 6.31. Fiscal Year. The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency and activity of the city government unless otherwise provided by state or federal law. Sec. 6.32. 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. Sec. 6.33. Submission of Operating Budget to City Council. On or before a date fixed by the city council but not later than 90 days prior to the beginning of each fiscal year, the mayor and city manager shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies 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. Sec. 6.34. Action by City Council on Budget. (a) The city council may amend the operating budget proposed; except, that the budget as finally amended and adopted must provide for all expenditures required by state law GEORGIA LAWS 2010 SESSION 4325 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 15th day of December 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 6.32. (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. Sec. 6.35. Tax Levies. The city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinances shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of this city. Sec. 6.36. 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. Sec. 6.37. Capital Budget. (a) On or before the date fixed by the city council but no later than 90 days prior to the beginning of each fiscal year, the mayor and 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 mayor and city council shall have power to accept, with or without amendments, or reject the proposed plan and proposed budget. The mayor and 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 2.34.03. 4326 MUNICIPAL HOME RULE ORDINANCES (b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than the 15th day of December 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 and 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 of the mayor and city council. Sec. 6.38. 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. Sec. 6.40. Procurement and Property Management Sec. 6.41. Contracting Procedures No contract with the city shall be binding on the city unless: (a) it is in writing; (b) it is drawn by or submitted to and reviewed by the city attorney; and (c) it is made or authorized by the mayor and city council and such approval is entered in the city council journal of proceedings pursuant to Section 2.33 Sec. 6.42. Centralized Purchasing The mayor and city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city. Sec. 6.43. 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 mayor and city council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and 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 cutoff or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor and city manager to sell and convey said cut-off or separated parcel or tract of land to an GEORGIA LAWS 2010 SESSION 4327 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 sp 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. CITY OF HAHIRA, GEORGIA - CHARTER Adopted July 1, 2010 ARTICLE VII. GENERAL PROVISIONS Sec. 7.10. Bonds for Officials The officers and employees of this city, both elective and appointive, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the mayor and/or city council shall from time to time require by ordinance or as may be provided by law. Sec. 7.20. 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 7.30. 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 7.40. 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 7.50. 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 4328 MUNICIPAL HOME RULE ORDINANCES 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 7.60. Effective Date. This charter shall become effective on the date of certification from the Georgia Secretary of State. AFFIDAVIT I, Angela Lynch, Public Notice Manager, do hereby certify that the legal Advertisement(s) for Amendment to Municipal Charter were published in The Valdosta Daily Times on May 15, 22, 29/ 2010. Subscribed and sworn to me, in the County of Lowndes in the State of Georgia on this 20 day of January 2011. s/ DEBORAH RITZMAN Notary Signature s/ A. LYNCH Public Notice Manager 2/18/11 Commission Expires Notary Public Seal: NOTICE OF PUBLIC HEARINGS Amendment to Municipal Charter Legal Advertisement for 5-15-10; 5-22-10; 5-29-10 The City of Hahira is seeking to amend its municipal charter according to the provisions contained within the Official Code of Georgia, Annotated, 36-25-3(b). The City of Hahira is currently operating underneath a Charter adopted and ratified in 1912, an amendment of the original Charter adopted in 1891. The OCGA stipulates that a synopsis of the current proposed changes be advertised in the legal organ of the municipality once a week for a period of three weeks within the 60-day adoption period. The synopsis is as follows: GEORGIA LAWS 2010 SESSION 4329 "The 1912 Charter of the City of Hahira will be updated according to language and content. Three substantive changes to the government of the City of Hahira affecting its composition or form, and the procedure for the election or appointment of members are contained in the proposed amendment. Those changes are: (1) The residency of candidates for the office of mayor shall be increased to a period of 24 months prior to election; (2) the residency of candidates for the office of councilperson shall be increased to a period of 12 months prior to election; (3) in the event of a vacancy of any council office, if the remaining unexpended term is less than 12 months, Mayor and Council shall have the power to appoint a replacement to fill the remaining unexpired term. OCGA 36-35-6 requires these amendments be sent to the General Assembly for approval. As per provisions contained within state law, copies of the specific changes are available for inspection by the public in the office of the Clerk of the City of Hahira, located at 102 South Church Street, Hahira, Georgia, and in the office of the Clerk of the Superior Court of Lowndes County." Public Hearings regarding proposed changes will be held at the June and July Council Meetings of the Hahira City Council in the Hahira Courthouse, located at 301 West Main Street, Hahira, Georgia. The meetings will be held on Thursday, June 3, and Thursday, July 1, 2010, at 7:30 PM. Should you have any questions, please contact Jonathan Sumner, City Manager, City of Hahira, at (229) 794-2330. Filed in the Office of Secretary of State January 24, 2011. __________ CITY OF CORDELE CITY MANAGER; DUTIES; SAFETY DIRECTOR CHANGED TO PUBLIC SAFETY DIRECTOR; APPOINTMENT, QUALIFICATIONS, TERM, COMPENSATION, AND DUTIES OF PUBLIC SAFETY DIRECTOR. ORDINANCE AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF CORDELE SO AS TO CHANGE THE TITLE OF SAFETY DIRECTOR REFERENCED IN SECTION 3.22, SECTION 3.23 AND SECTION 3.24 SUCH THAT THE "SAFETY DIRECTOR" SHALL HEREAFTER BE KNOWN AS "PUBLIC SAFETY DIRECTOR" AND TO PROVIDE THAT THE PUBLIC SAFETY DIRECTOR SHALL NO LONGER SERVE AT THE PLEASURE OF THE CITY COMMISSION BUT RATHER SAID PUBLIC SAFETY DIRECTOR SHALL BE SUBJECT TO THE CONTROL OF THE CITY MANAGER AS ALL OTHER OFFICERS, DEPARTMENT HEADS AND EMPLOYEES OF THE CITY; AND FOR OTHER PURPOSES IN CONNECTION WITH SAID OBJECTIVE, PURSUANT TO AUTHORITY CONTAINED IN SECTION 9-11 OF THE CHARTER OF 4330 MUNICIPAL HOME RULE ORDINANCES THE CITY OF CORDELE (Ga. L., 1969, p. 3852) AND THE MUNICIPAL HOME RULE ACT OF 1965 (O.C.G.A. 36-36-1, et seq.). The City Commission of the City of Cordele hereby ordains 1. Section 3.22 of the Charter of the City of Cordele (Ga. L., 1969. pp 3832, 3833) is deleted in its entirety and Section 3.22 is hereby amended to read as follows: "Section 3.22 - Chief Administrator. The City manager shall be responsible to the City Commission for the proper administration of all affairs of the city. As chief administrator, the city manager shall have to power to appoint and remove all officers, department heads, and employees in the administrative service of the city, except the city attorney who shall be appointed as provided in Article 3 hereof. The city manager shall report to the City Commission every appointment and removal of a department head at the next commission meeting following the appointment or removal. It shall be the duty of the city manager to supervise the administration of the affairs of the city; to see that the ordinances, resolutions, and regulations of the City Commission and the laws of the State are faithfully executed and enforced; to make such recommendation to the City Commission concerning the affairs of the city as he shall deem expedient; to keep the City Commission advised of the financial condition and future financial needs of the city; to attend all meetings of the City Commission and to prepare and to submit to the City Commission such reports as he may deem expedient or as may be required of him by the City Commission. He shall perform such other functions as assigned by the City Commission, provided however, his remuneration shall not exceed the amount of salary fixed in Section 3.20." Section 3.22 - Chief Administrator. Before the amendment aforesaid contained the following text (Ga.L., 1969, pp.3832, 3833): Section 3.22 - Chief Administrator. The City Manager shall be responsible to the City Commission for the proper administration of all the affairs of the city unless the City Commission has appointed a safety director as hereinafter provided. As chief administrator the city manager shall have the power to appoint and remove all officers, department head, and employees of the city, except the city attorney who shall be appointed as provided in Article 3, hereof (Ga.L., 1969, p. 3833), and except the safety director who shall be appointed and shall serve as provided in Article 2A hereof; however, if a safety director is serving the city, the city manager may appoint and remove officers and employees assigned to the police and fire departments only upon written recommendations or approval of the safety director. The city manager shall report to the City Commission every appointment and removal of a department head at the next commission meeting following the GEORGIA LAWS 2010 SESSION 4331 appointment and removal. Except as may be modified in Article 2A, it shall be the duty of the city manager to supervise the administration of the affairs of the city; to see that the ordinances, resolutions, and regulations of the City Commission and the laws of the State of Georgia are faithfully executed and enforced; to make such recommendations to the City Commission concerning the affairs of the city as he or she shall deem expedient; to keep the City Commission advised of the financial condition and future financial needs of the city; to attend all meetings of the City Commission and to prepare and to submit to the City Commission such reports as he or she may deem expedient or as may he required of him or her by the City Commission. He or she shall perform such other functions as assigned by the City Commission, provided however, his or her remuneration shall not exceed the amount of salary fixed in Section 3.20." 2. A new Article is herewith added to the Charter of the City of Cordele, as follows: "Article 2A, Public Safety Director" "Section 3.23 - Appointment; Qualifications; Term; Compensation. The City Manager may, but is not required to, appoint a Public Safety Director, who shall have such qualifications as the Commission may require. The City Manager shall have the power to appoint and remove the Public Safety Director such as the City Manager has such power to remove all other officers, department heads and employees of the City of Cordele with the exception of the city attorney. "Section 3.24 - Duties of the Public Safety Director. It shall be the duty of the Public Safety Director to supervise the administration of the affairs of the police and fire departments of the city; to see that the ordinances, resolutions, and regulations of the City Commission and the laws of the State are faithfully executed and enforced; to make such recommendations to the City Manager concerning police and fire protection functions as he shall deem expedient and to prepare and submit to the City Manager such reports as he may deem expedient or as may be required of him by the City Manager. The Public Safety Director is directly responsible to the City Manager for the faith and effective performances of his duties, as well as the proper functioning of the departments under his control." 3. It is declared to be the legislative intent of this Ordinance that it is severable, and that if any portion thereof be found illegal or unconstitutional by a court of competent jurisdiction, the remaining portions shall remain of full force and effect. 4332 MUNICIPAL HOME RULE ORDINANCES 4. The requirements of O.C.G.A. 36-35-3(b)(1) and O.C.G.A. 36-35-5 shall be accomplished by the city attorney. 5. The required notice containing a synopsis of the charter amendment contained in this ordinance has appeared in the Cordele Dispatch newspaper, and a copy of such notice and the Publisher's Affidavit of Publication are attached hereto and made a part hereof. 6. This Ordinance shall become effective upon final adoption and signing by the Chairman, and filings accomplished as provided by O.C.G.A. 36-35-5 with the Secretary of State and the Clerk of Crisp Superior Court. Introduced and read at the regular meeting of the Cordele City Commission on January 4, 2011. Read, approved and adopted at the regular meeting of the Cordele City Commission on February 15, 2011. s/ ZACK H. WADE Zack H. Wade, Chairman ATTEST: s/ EDWARD BEACH Edward Beach, City Clerk NOTICE SYNOPSIS OF PROPOSED AMENDMENTS TO THE CHARTER OF THE CITY OF CORDELE Pursuant to the provisions of Municipal Home Rule Act of 1965 (O.C.G.A. 36-35-1, et seq.). the City Commission of the City of Cordele herewith gives notice of its intention to amend the Charter of the City of Cordele (Ga. L, 1969, p. 3806 et seq.) by Ordinance introduced at its regular meeting on January 4, 2011 and to be adopted in final form at its regular public meeting on February 15, 2011. GEORGIA LAWS 2010 SESSION 4333 1. Safety Director Amendments: Article 2(A) of the Charter of the City of Cordele will be amended to provide that the Safety Director will be hereafter known as the Public Safety Director. Said Article provides for the qualifications of such Public Safety Director and that said Public Safety Director shall be subject to the City Manager as Chief Administrator of the City. The City Manager may, but is not required, to appoint a Public Safety Director. If appointed, he will supervise the administration and affairs of the police and fire departments and be directly responsible to the City Manager. In the event a Public Safety Director is appointed, Section 3.22 of the Charter setting out duties, responsibilities, and authority of the City Manager will stand amended so as to place the Public Safety Director under the supervision of the City Manager in the same manner that the City Manager supervises all other officers, department heads and employees of the City of Cordele. The City Manager will remain the chief administrator of the City, and all budget and fiscal matters of the City (including the police and fire departments) shall be under his or her responsibility and control. 2. Full Text of Proposed Ordinance Available to the Public: A copy of the proposed amendment (ordinance is on file in the office of the Clerk of the City of Cordele and the office of the Clerk of Superior Court of Crisp County for the purpose of examination and inspection by the public. The Clerk of the City of Cordele shall furnish anyone, upon written request, a copy of the proposed amendment (ordinance). This 4th day of January, 2011. CORDELE CITY COMMISSION BY: ZACK H. WADE, CHAIRMAN EDWIN T. COTTON CITY ATTORNEY COTTON LAW FIRM, PC P.O. BOX 897 CORDELE, GA 31010 4334 MUNICIPAL HOME RULE ORDINANCES CERTIFICATION GEORGIA, CRISP COUNTY This is to certify that the within Ordinance, with its attached Synopsis, are true and correct copies of the published Synopsis and the Ordinance passed in final form by the City Commission of the City of Cordele, Georgia on the 15th day of February, 2011, as the same appear upon the official records of the said City of Cordele, and that the said Ordinance is now, and has been since said date, in full force and effect. I further certify that I am the lawfully appointed custodian of the said official records of the said City of Cordele. This 15th day of February, 2011. s/ EDWARD BEACH Edward Beach, City Clerk [OFFICIAL SEAL] CERTIFICATE OF SERVICE GEORGIA, CRISP COUNTY I hereby certify that I have served true and correct copies of the foregoing Ordinance, Synopsis, Publisher's Affidavit, and Clerk's Certificate upon the Honorable Brian P. Kemp, Secretary of State, 214 State Capitol, Atlanta, Georgia 30334 and Honorable Jean H. Rogers, Clerk, Crisp County Superior Court, P.O. Box 747, Cordele, Georgia 31010 in properly addressed envelopes with sufficient postage affixed thereon to assure delivery through the United States Postal Service. This 16th day of February, 2011. s/ EDWIN COTTON Edwin T. Cotton City Attorney City of Cordele AFFIDAVIT I, Angela Lynch, Public Notice Manager, do hereby certify that the legal Advertisement(s) for Notice were published in Cordele Dispatch on January 20, 27; February 3/ 2011. GEORGIA LAWS 2010 SESSION 4335 Subscribed and sworn to me, in the County of Lowndes in the State of Georgia on this 8th day of February, 2011. s/ DEBORAH RITZMAN Notary Signature s/ A. LYNCH Public Notice Manager 2/18/11 Commission Expires Notary Public Seal: NOTICE SYNOPSIS OF PROPOSED AMENDMENTS TO THE CHARTER OF THE CITY OF CORDELE Pursuant to the provisions of Municipal Home Rule Act of 1965 (O.C.G.A. 36-35-1, et seq.) the City Commission of the City of Cordele herewith gives notice of its intention to amend the Charter of the City of Cordele (Ga. L. 1969 p. 3806 et seq.) by Ordinance introduced at its regular meeting on January 4, 2011 and to be adopted in final form at its regular public meeting on February 16, 2011. 1. Safety Director Amendments: Article 2(A) of the Charter of the City of Cordele will be amended to provide that the Safety Director will be hereafter known as the Public Safety Director. Said Article provides for the qualifications of such Public Safety Director and that said Public Safety Director shall be subject to the City Manager as Chief Administrator of the City. The City Manager may, but is not required, to appoint a Public Safety Director. If appointed, he will supervise the administration and affairs of the police and fire departments and be directly responsible to the City Manager. In the event a Public Safety Director is appointed, Section 3.22 of the Charter setting out duties, responsibilities, and authority of the City Manager will stand amended so as to place the Public Safety Director under the supervision of the City Manager in the same manner that the City Manager supervises all other officers, department heads and employees of the City of Cordele. The City Manager will remain the chief administrator of the City, and all budget and fiscal matters of the City (including the police and fire departments) shall be under his or her responsibility and control. 2. Full Text of Proposed Ordinance Available to the Public: 4336 MUNICIPAL HOME RULE ORDINANCES A copy of the proposed amendment (ordinance is on file in the office of the Clerk of the City of Cordele and the office of the Clerk of Superior Court of Crisp County for the purpose of examination and inspection by the public. The Clerk of the City of Cordele shall furnish anyone, upon written request, a copy of the proposed amendment (ordinance). This 4th day of January, 2011. CORDELE CITY COMMISSION BY: ZACK H. WADE, CHAIRMAN EDWIN T. COTTON CITY ATTORNEY COTTON LAW FIRM, PC P.O. BOX 897 CORDELE, GA 31010 23561982 Filed in the Office of the Secretary of State February 17, 2011. ____________ CITY OF DAWSON CITY COUNCIL; PROCEDURES FOR MEETINGS; ADOPTION OF ORDINANCES. ORDINANCE NO. 2011-01 AN ORDINANCE ADOPTED PURSUANT TO THE MUNICIPAL HOME RULE ACT OF 1945, O.C.G.A. SEC. 36-35-1 et seq., AMENDING THE CHARTER OF THE CITY OF DAWSON SO AS TO PROVIDE VOTING PROCEDURES AND OTHER PROCEDURES AT MEETINGS; TO PROVIDE THE PROCEDURE FOR THE ADOPTION OF ORDINANCES; TO REPEAL ALL PRIOR ORDINANCES AND CHARTER PROVISIONS IN CONFLICT; AND FOR OTHER PURPOSES. BE IT ORDAINED by the Mayor and Council of the City of Dawson, and it is hereby ordained by authority of same: SECTION 1. Section 2.16 of the charter of the City of Dawson entitled "Rules and order of business" is hereby repealed, and a new Section 2.16 is substituted therefor, to read as follows: GEORGIA LAWS 2010 SESSION 4337 "Sec. 2-16. Rules and order of business. "The city council shall have the power to establish its own parliamentary rules and order of business; provided, however, that no matter shall be considered, debated, or acted upon at the meeting of the city council at which it is first presented unless otherwise considered and recommended to the Council by a standing committee or the committee of the whole. Consideration, debate and action on all such matters shall be deferred to a subsequent meeting." SECTION 2. Section 2-21 of the charter of the City of Dawson, entitled "Reserved" is amended by striking therefrom the word "Reserved" and substitution the following provision, so that Section 2-21 as amended will read: "Sec. 2-21. Reading and adoption of ordinances. "Before any ordinance shall be adopted, the caption or title of said ordinance shall be read twice, and each reading shall be at separate meetings, regular or special, on separate days; provided, that by unanimous consent of the members of the council present, the second reading may be waived and the ordinance considered and voted upon at the first meeting at which the caption is read. Notwithstanding the foregoing provisions, any member of the council may require the ordinance to be read in whole or in part prior to its passage. "The first reading of an ordinance shall be subject to the provisions of Section 2-16, and shall not be allowed at the meeting at which it is first presented." SECTION 3. All ordinances and charter provisions in conflict herewith are repealed. SO ORDAINED THIS 10th day of March, 2011. CITY OF DAWSON By s/ ROBERT L. ALBRITTEN Mayor (SEAL) Attest s/ SHERI L. HOWARD City Clerk First Reading: February 10, 2011 Second Reading: March 10, 2011 4338 March 11, 2011 MUNICIPAL HOME RULE ORDINANCES To Whom It May Concern: Personally appeared before me, the undersigned, Tommy Rountree, who deposes and says that he is the Publisher of The Dawson News, a newspaper of general circulation published at Dawson, Terrell County, Georgia, and that a legal advertisement for Public Notice / Amending Charter appeared in said newspaper on the following dates February 3, 10, 17 and 24, 2011 Sworn to and subscribed before me This 11th day of March, 2011. s/ TOMMY ROUNTREE Publisher, The Dawson News s/ JANICE FRENCH Notary - Stewart County, Georgia Expiration: August 12, 2011 PUBLIC NOTICE The City of Dawson is amending the charter of the city by adding a provision thereto providing that matters brought before the council shall not be considered until a subsequent meeting; providing the procedure for the adoption of ordinances, and for other purposes. A copy of the proposed amendment is on file in the office of the City Clerk and the office of the Clerk of the Superior Court for Terrell County for the purpose of examination and inspection by the public. City of Dawson Filed in the Office of the Secretary of State March 21, 2011. __________ GEORGIA LAWS 2010 SESSION 4339 TOWN OF CLERMONT MAYOR AND COUNCIL; COMPENSATION. FIRST READING 3/1/2011 PUBLISHED 3/15/2011 PUBLISHED 3/22/2011 PUBLISHED 3/29/3011 PASSED AND ADOPTED 4/5/2011 AN ORDINANCE NO. 2011-04 AN ORDINANCE TO AMEND THE TOWN CHARTER OF THE TOWN OF CLERMONT, GEORGIA, TO INCREASE THE SALARIES FOR THE MAYOR AND COUNCILMEMBERS PURSUANT TO O.C.G.A. 36-35-4;TO PROVIDE A SALARY FOR THE MAYOR OF $150.00 PER MONTH; TO PROVIDE A SALARY FOR EACH COUNCILMEMBER OF $120.00 PER MONTH; TO PROVIDE THAT THE MAYOR AND COUNCIL ARE ALSO ENTITLED TO REIMBURSEMENT FOR EXPENSES ACTUALLY AND NECESSARILY INCURRED BY THEM IN CARRYING OUT THEIR OFFICIAL DUTIES; TO REPEAL CONFLICTING PROVISIONS OF THE CHARTER AND FOR OTHER PURPOSES. WHEREAS, the Town Council of the Town of Clermont, Georgia, is authorized by O.C.G.A. 36-35-4, to enact an Ordinance sethng the salary for the Mayor and each Councilmember of the Town Council and WHEREAS, the proper administration of the Town necessitates a sacrifice of time and effort, for which, the Mayor and each Councilmember should be partially compensated; NOW, THEREFORE, be it ordained by the Town Council of the Town of Clermont, Georgia, and it is hereby ordained by the authority of same, as follows: Section 1. AMENDMENT OF SECTION 2.103 OF THE TOWN CHARTER. Section 2.103 of the Town Charter (Ga.L. 1994, p. 4782) is hereby amended, by striking in its entirety Section 2.103 and substituting in lieu thereof a new Section 2.103 which shall read as follows: 4340 MUNICIPAL HOME RULE ORDINANCES Section 2.103 Compensation and Expenses. The Mayor shall receive compensation of $150.00 per month and each Councilmember shall receive compensation of $120.00 per month, and reimbursement for expenses actually and necessarily incurred by them in carrying out their official duties. The Council shall be authorized to change their 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. EFFECTIVE DATE. The Ordinance is hereby adopted and effective upon passage, with the salary increase to become effective upon the first day of January, 2012, the public health, safety, and general welfare demanding it. Section 3. REPEAL OF CONFLICTING ORDINANCES. The Charter and all Ordinances that are in conflict with this Ordinance, are repealed to the extent of the conflict. SO PASSED AND ADOPTED, this 5 day of April, 2011. CLERMONT TOWN COUNCIL By: s/ JAMES E. NIX Mayor s/ SETH M. WEAVER Councilperson s/ JAMES HELTON Councilperson s/ M. ELLEN ROGERS Councilperson s/ ALBERT REEVES Councilperson __________________________ Councilperson GEORGIA LAWS 2010 SESSION 4341 Attest: s/ SANDRA HELTON Sandra Helton, Town Clerk CERTIFICATION Comes now, Sandra Helton, the Town Clerk of the Town of Clermont, Georgia, and pursuant to the direction and authorization of the Town Council of the Town of Clermont, Georgia, hereby certifies that this copy of the home-rule ordinance which amends the Town Charter for the Town of Clermont, Georgia, is true, correct and accurate. I make this certification in order to conform to the requirements of O.C.G.A. 36-35-5, and I, through the Town Attorney, will see to the proper filing of this charter amendment with the Secretary of State of the State of Georgia, and with the Hall County Superior Court Clerk. s/ SANDRA HELTON Sandra Helton Clermont Town Clerk Sworn to and subscribed before me this 6th day of April, 2011. s/ AMY LOMAX Notary Public [NOTARY SEAL] My Commission Expires: 1/24/2012 GEORGIA SECRETARY OF STATE IN RE: THE TOWN OF CLERMONT, GEORGIA; Charter Amendment by SALARY INCREASE FOR Home Rule Ordinance THE MAYOR AND 2011 Ga. Laws: ________ COUNCIL OF CLERMONT FILING NOTICE OF SALARY INCREASE Comes now, the Mayor and Town Council of the Town of Clermont, Georgia, by and through the Town Attorney for the Town of Clermont, Georgia, R. David Syfan, and files a certified copy of the amendment to the Town Charter providing for a salary increase for the 4342 MUNICIPAL HOME RULE ORDINANCES Mayor and Council, a copy of the required notice of publication, and an affidavit of a duly authorized representative of The Times in which the notice as to the proposed salary increase was published, pursuant to O.C.G.A. 36-35-5. The salary increase shall be effective January 1, 2012. This 14th day of April, 2011. HULSEY, OLIVER & MAHAR, LLP By: s/ R. DAVID SYFAN R. David Syfan Georgia Bar No. 695565 Attorney for the Town of Clermont, Georgia P. O. Box 1457 Gainesville, Georgia 30503 770.532.6312 AFFIDAVIT OF PUBLICATION State of Georgia County of Hall Personally appeared before the undersigned, Sherrie Jones, who having been duly sworn, on oath, says that she is the Advertising Director of THE TIMES, and that the Advertisement was Published in THE TIMES: Ad# 274293 Public Hearings Notice for Salary Increase Published: 3/15, 3/22, 3/29/2011 s/ SHERRIE JONES Sherrie Jones, Affiant Verified B GEORGIA LAWS 2010 SESSION 4343 Sworn to and Subscribed before me This 7th day of April, 2011 s/ DARIAN TRENT SEXTON Notary Public (Darian Trent Sexton) My Commission Expires: Darian Trent Sexton Notary Public Hall County, Georgia My Commission Expires 03/23/2013 NOTICE AS TO PROPOSED AMENDMENT TO THE CITY CHARTER TO PROVIDE FOR A SALARY INCREASE FOR THE MAYOR AND EACH COUNCILMEMBER OF THE CITY COUNCIL OF THE CITY OF CLERMONT, GEORGIA Notice is given that the Mayor and Council of Clermont, Georgia shall conduct a public meeting at City Hall, 122 Dean Street, Clermont, Georgia at 7:00 p.m. on Tuesday, April 5, 2011 to have the proposed passage of an Ordinance to amend the City Charter to provide for a salary increase for the Mayor and each Councilmember of the City of Clermont, Georgia, which includes the following matters: AN ORDINANCE TO AMEND THE CITY CHARTER OF THE CITY OF CLERMONT, GEORGIA, TO INCREASE THE SALARIES FOR THE MAYOR AND COUNCILMEMBERS PURSUANT TO O.C.G.A. 36-35-4; TO PROVIDE A SALARY FOR THE MAYOR OF $150.00 PER MONTH; TO PROVIDE A SALARY FOR EACH COUNCILMEMBER OF $120.00 PER MONTH; TO PROVIDE THAT THE MAYOR AND COUNCIL ARE ALSO ENTITLED TO REIMBURSEMENT FOR EXPENSES ACTUALLY AND NECESSARILY INCURRED BY THEM IN CARRYING OUT THEIR OFFICIAL DUTIES; TO REPEAL CONFLICTING PROVISIONS OF THE CHARTER AND FOR OTHER PURPOSES. A copy of the proposed Ordinance to amend the City Charter of the City of Clermont, Georgia; to provide for a salary increase for the Mayor and each Councilmember of the City Council of the City of Clermont, Georgia is available for inspection through the City Clerk, Sandra Helton, at Clermont City Hall, 122 Dean Street, Clermont Georgia and in the office of the Clerk of the Superior Court of Hall County at the Hall County Courthouse in Gainesville, Georgia. The public is invited to attend and observe both meetings. Filed in the Office of Secretary of State April 26, 2011. __________ 4344 MUNICIPAL HOME RULE ORDINANCES CITY OF DAHLONEGA REMOVAL HEARINGS. CITY OF DAHLONEGA STATE OF GEORGIA ORDINANCE NO. 2011-1 An Ordinance To Amend the Charter of the City of Dahlonega, Georgia, By Adding Section 5.16 entitled Supplemental Procedures for Removal Hearings Pursuant to the City Charter, Designation of a Hearing Body; Specifying Due Process Requirements; Prescribing Time Frames and Other Purposes, adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 (1965 Ga. Laws P.298 et. seq.), as Amended, (O.C.G.A. 36-35-1 et. seq.). WHEREAS, the Mayor or any City Council Member of the City of Dahlonega is subject to removal from office for any one or more of the grounds set forth in Section 5.14 of the City Charter; and WHEREAS, Section 5.15 of the City Charter sets forth a general procedure for removal from office of any such elected official, which procedure requires due process in the form of written notice and a public hearing, as well as the right of appeal; and WHEREAS, the Governing Authority of the City of Dahlonega is authorized by law to adopt reasonable regulations and ordinances necessary to carry into execution all powers granted by the City Charter; and WHEREAS, the Governing Authority desires to establish hearing procedures designed to ensure compliance with the due process requirements of Section 5.15 of the City Charter, by amending the City Charter to add Section 5.16 for that purpose; IT IS HEREBY ORDAINED by the Governing Authority of the City of Dahlonega: That under and by virtue of the authority granted the City of Dahlonega under O.C.G.A. Section 36-35-1, et seq. a new section is added to the Charter as Section 5.16 as follows: Section 5.16 Supplemental Procedures for Removal Hearings. GEORGIA LAWS 2010 SESSION 4345 Subpart 1. Consideration of dismissal hearing; finding of probable cause; notice of charges. (a) When information comes to the Mayor and Council, pursuant to its investigatory powers under the City Charter or by other means, that an elected official may have engaged in conduct that would be grounds for removal under Section 5.14 of the City Charter or under such other laws as exist or may hereafter be enacted, the Mayor and Council shall make an initial determination as to whether probable cause for removal exists. The Mayor and Council may make such a determination based on live testimony taken by it in open session, through acceptance of a report conducted under its auspices by persons designated to make such an investigation on its behalf, or by other reliable means. To the extent information comes to the Mayor and Council suggesting grounds for removal exist, the Mayor and Council retain investigative powers under Section 2.15 of the Charter and may utilize such powers in any manner it deems appropriate to reach a decision as to whether probable cause exists. The City Attorney or his designee shall serve as a legal advisor to the Mayor and Council in making its determination. (b) The Mayor and Council shall conduct a vote on the probable cause determination. Such determination may be made by adoption of a resolution finding probable cause to exist. Alternatively, a voice motion and vote may be used to make a finding of probable cause. (c) Once probable cause has been found to exist, a written notice shall be prepared detailing the grounds for removal. In addition to detailing grounds for removal, the notice shall provide the time, place and date for hearing of the charges and reference the procedures adopted by this Ordinance. A copy of the notice shall be served on the officer against whom removal is sought no less than 10 days before any scheduled hearing. The notice may be served by hand delivery or by certified mail. The Mayor and Council shall convene a hearing as provided for in Subpart 3 hereof or may appoint a Hearing Board as provided for in Subpart 2 to conduct the hearing. Subpart 2. Hearing Board. (a) The Mayor and Council, in lieu of conducting a hearing directly, may appoint a Hearing Board to hear evidence and make a recommended finding as to whether the official shall be removed from office. The Hearing Board shall be composed of three impartial persons, each of whom shall (i) be either an attorney licensed to practice law in Georgia or a city manager, (ii) possess no less than 10 years experience in local government, and (iii) not be involved in any current official capacity with the City of Dahlonega. (b) Members of the Hearing Board shall be compensated at a per diem set by the City Council or its administrative staff. (c) In the event a Hearing Board is constituted, any action taken by a majority of the Hearing Board shall be considered final action of the Hearing Board and shall constitute its recommended finding. 4346 MUNICIPAL HOME RULE ORDINANCES Subpart 3. Hearing on charges. (a) Hearing on the charges shall be convened at such time, day and place as described in the notice of the hearing. The Hearing Board, if such a board is conducting the hearing, shall designate one of its members as a Chairperson to preside over the hearing. The hearing of evidence shall be open to the public. (b) At the public hearing, the official charged shall be entitled: (1) to be represented by privately retained counsel of his or her choice; (2) to present his or her case or defense by oral or documentary evidence, to be given under oath or by affirmation; (3) to submit rebuttal evidence; and (4) to conduct such cross-examination as may be required for a full and true disclosure of the facts. (c) Any relevant oral or documentary evidence may be received, but the Hearing Body as a matter of policy shall provide for the exclusion of irrelevant, immaterial or unduly repetitious evidence. The Hearing Body shall not be bound by the strict rules of evidence prevailing in the courts of law or equity. (d) The Hearing Body and the Official charged shall exchange witness lists (including brief summaries of anticipated testimony), documentary evidence, audio or video evidence, and exhibits no later than five work days prior to the hearing. (e) A full record of the hearing shall be prepared and maintained by the City, which record shall be open to the public and available for inspection. Any person may request a copy of the record upon payment of the full cost thereof. (f) The City Attorney or his designee may serve as legal advisor to the Hearing Body and may be designated in lieu of the chair of the hearing Board or the Mayor to preside over the hearing. (g) Upon conclusion of the hearing, the Hearing Body shall deliberate upon the evidence presented. Deliberations shall be closed to the public. The Hearing Body shall make findings of fact based on the evidence presented. (i) Where the Hearing Body, if the Hearing Body is composed of members of the City Council, determines, by a preponderance of the evidence, that the official has engaged in conduct constituting grounds for removal under Section 5.14 of the City Charter, the decision shall be for removal. Where the Hearing Body, if the Hearing Body is composed of members of the City Council, determines, by a preponderance of the evidence, that the official has not engaged in any such conduct, the action shall be dismissed. A decision for removal shall require a two thirds vote of the entire membership of the City Council in accordance with Section 5.15 of the Charter. (ii) Where the Hearing Body, if the Hearing Body is composed of a Hearing Board as set forth in Subpart 2 hereof, determines by a preponderance of the evidence that the official has engaged in conduct constituting grounds for removal under Section 5.14 of the City Charter, the Hearing Body shall recommend to the City Council that the decision be for GEORGIA LAWS 2010 SESSION 4347 removal. Where the Hearing Body, if the Hearing Body is composed of a Hearing Board as set forth in Subpart 2 hereof, determines by a preponderance of the evidence that the official has not engaged in any such conduct, the Hearing Body shall recommend to the City Council that the action shall be dismissed. A decision for removal shall require a two thirds vote of the entire membership of the City Council in accordance with Section 5.15 of the Charter. (h) The Hearing Body shall prepare a written decision, including findings of fact, its conclusions and its final determination/recommendation with regard to removal. A copy of the written decision shall be provided to the official upon its completion by either hand delivery or certified mail. The City Council's written decision shall be a final action of the City. Subpart 4. Appeals. An official disputing the action of the Hearing Body shall have 30 days to appeal the decision to the Superior Court of Lumpkin County as provided in Section 5.15 of the City Charter. Where the Hearing Body is composed of a Hearing Board as set forth in Subpart 2 hereof, the 30 days shall not begin to run until after the City Council has issued a final determination based on the hearing Board's recommendation. Subpart 5. Definitions. For the purpose of this Chapter the following terms shall have the meanings respectively ascribed to them: (1) "Hearing Body" shall mean either the Mayor and Council or a Hearing Board designated pursuant to Subpart 2 by the Mayor and Council and designated to act in the Mayor and Council's stead as provided herein. (2) "Official" shall mean the elected official for whom removal is sought prior to the expiration of that official's term of office. (3) "Work days" shall be defined as excluding Saturdays, Sundays, and City-recognized holidays. Subpart 6. Intent. It is the intent.of this Ordinance to serve as a general process for removal of all officials subject to that action. 4348 MUNICIPAL HOME RULE ORDINANCES Subpart 7. Interpretation. Should any words, phrases, sentences or paragraphs of this Ordinance be declared invalid by a court of competent jurisdiction, such ruling shall not affect the remaining words, phrases, sentences or paragraphs of this Ordinance, but the offending provisions shall be severed from the remainder to the extent allowable by law. Subpart 8. Effective Date. This Ordinance shall be effective upon its adoption at two consecutive regular meetings of the City Council. By: s/ GARY MCCULLOUGH Mayor Attest: s/ LOU STEWART Title: [SEAL] This is to certify that this document is a true and accurate copy of the original Ordinance 2011-1 of the City of Dahlonega, adopted by the Mayor and Council on the 4th day of April, 2011. s/ LOU STEWART Lou Stewart City Clerk STATE OF GEORGIA COUNTY OF LUMPKIN AFFIDAVIT OF PUBLICATION BEFORE the undersigned office duly authorized to administer oath in the State of Georgia, comes Wayne Knuckles, Editor/Publisher, and says under oath that the attached advertisement was published in The Dahlonega Nugget, the legal organ for the County of Lumpkin, State of Georgia on the following dates: MARCH 02, 2011, MARCH 09, 2011, MARCH 16, 2011 Which advertisement was published for: GEORGIA LAWS 2010 SESSION 4349 CITY OF DAHLONEGA Under the Title of: NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF DAHLONEGA Regarding: SECTION 5.16 ENTITED SUPPLEMENTAL PROCEDURES FOR REMOVAL HEARINGS By: s/ WAYNE KNUCKLES Wayne Knuckles Subscribed and sworn to before me, this 4th day of April, 2011. s/ LESLIE S. TOOMBS Leslie S. Toombs NOTARY PUBLIC My commission expires Jan. 06, 2012 [SEAL] NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF DAHLONEGA Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Dahlonega, Georgia (GA. L, 1982, p 4354) as amended, said Ordinance being captioned as follows: An Ordinance To Amend the Charter of the City of Dahlonega, Georgia, By Adding Section 5.16 entitled Supplemental Procedures for Removal Hearings Pursuant to the City Charter, Designation of a Hearing Body; Specifying Due Process Requirements; Prescribing Time Frames and Other Purposes, adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 (1965 Ga Laws P. 298 et. seq.), as amended, (O.C.G.A. 38-35-1 et. seq.). 4350 MUNICIPAL HOME RULE ORDINANCES A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the City Clerk of the City of Dahlonega and in the Office of the Clerk of the Superior Court of Lumpkin County, Georgia for the purpose of examination and inspection by the public. Given under my hand and seal of this office on this 24th day of February, 2011. Lou Stewart, City Clerk Filed in the Office of the Secretary of State April 26, 2011. __________ CITY OF JOHNS CREEK CITY MANAGER; APPOINTMENT, QUALIFICATIONS, COMPENSATION, AND REMOVAL. STATE OF GEORGIA COUNTY OF FULTON ORDINANCE 2011-04-08 AN ORDINANCE TO AMEND SECTION 3.23 OF THE CHARTER FOR THE CITY OF JOHNS CREEK RELATING TO THE CITY MANAGER SO AS TO MODIFY, CLARIFY AND/OR INCLUDE PROVISIONS REGARDING THE MANNER OF APPOINTMENT, QUALIFICATION, COMPENSATION AND REMOVAL; AND FOR OTHER PURPOSES WHEREAS, Section 3.23 of the Charter for the City of Johns Creek (also referred to herein as the "Charter") provides for the creation of an officer of the City, whose title shall be "city manager"; and WHEREAS, the Council of the City of Johns Creek has determined that provisions providing for the appointment, qualification, compensation and removal of the city manager need to be modified, clarified and/or included; and WHEREAS, Article IX, Section II, Paragraph II of the Constitution of the State of Georgia, entitled Home Rule for Municipalities, allows the General Assembly of the State of Georgia to provide by law for the self-government of municipalities, which the General Assembly has done with The Municipal Home Rule Act of 1965, O.C.G.A. 36-35-1, et seq.; and WHEREAS, O.C.G.A. 36-35-3 allows municipal charter to be amended by ordinances duly adopted at two regular consecutive meetings of the municipal governing authority, not less than seven (7) nor more than sixty (60) days apart; and GEORGIA LAWS 2010 SESSION 4351 WHEREAS, the Council of the City of Johns Creek while at a regular meeting on March 28, 2011, approved and authorized the publication of notice pursuant to O.C.G.A. 36-35-3 for the purpose of amending Section 3.23 of the Charter in accordance with The Municipal Home Rule Act of 1965; and WHEREAS, the required notice has been published once a week for three weeks prior to the final adoption of this Ordinance to amend Section 3.23 of the Charter; and WHEREAS, the required notice has been published within the statutory period of sixty (60) days immediately preceding the final adoption of this Ordinance to amend Section 3.23 of the Charter; and WHEREAS, a copy of the proposed amendment is on file in the Office of the Clerk of Johns Creek 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, as required by law; and WHEREAS, the Clerk of the City of Johns Creek shall furnish anyone, upon written request, a copy of the proposed amendment, as required by law; and WHEREAS, this Ordinance to amend Section 3.23 of the Charter shall be read and duly adopted at two regular consecutive City Council meetings not less than seven (7) nor more than sixty (60) days apart as required by O.C.G.A. 36-35-3. NOW, THEREFORE, in accordance with O.C.GA. 36-35-3 the Council of the City of Johns Creek hereby ordains that Section 3.23 of the Charter for the City of Johns Creek is hereby amended by deleting it in its entirety and replacing in lieu thereof the following Section 3.23, which shall henceforth read as follows: Sec. 3.23 - City manager; appointment; qualification; compensation; and removal. (a) The mayor shall appoint for an indefinite term an officer, subject to ratification by the city council, whose title shall be the "city manager." The city manager shall be appointed without regard to political beliefs and solely on the basis of his or her executive and administrative qualifications with special reference to his or her educational background and actual experience in, and knowledge of, the duties of office as hereinafter prescribed. (b) The mayor or a councilmember may recommend the removal of the city manager from office in accordance with the following procedures: (1) In response to such recommendation, the city council shall adopt by affirmative vote of a majority of all its members a preliminary resolution which must state the reasons for removal and may suspend the city manger from duty for a period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the city manager; 4352 MUNICIPAL HOME RULE ORDINANCES (2) Within ten days after a copy of the resolution is delivered to the city manager, that person may file with the city council a written request for a public hearing. This hearing shall be held within 30 days after the request is filed. The city manager may file with the city council a written reply not later than five days before the hearing; and (3) If the city manager has not requested a public hearing within the time specified in paragraph (2) of this subsection, the city council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of all its members. If the city manager has requested a public hearing, the city council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of all its members at any time after the public hearing. (c) The city manager shall continue to receive the city manager's salary until the effective date of a final resolution of removal. SO ORDAINED this 25th day of April, 2011. Approved: s/ MICHAEL E. BODKER Michael E. Bodker, Mayor Attest: Approved as to Form and Content: s/ JOAN JONES Joan Jones, City Clerk s/ WENDELL K. WILLARD Wendell K. Willard, Attorney [SEAL] First Reading and Adoption of Ordinance No. 2011-04-08 to amend Section 3.23 of the Charter on April 11, 2011. Approved: Attest: s/ MICHAEL E. BODKER Michael E. Bodker, Mayor Approved as to Form and Content: s/ JOAN JONES Joan C. Jones, City Clerk [SEAL] s/ WENDELL K. WILLARD Wendell K. Willard, Attorney GEORGIA LAWS 2010 SESSION 4353 Second Reading and Adoption of Ordinance No. 2011-04-08 to amend Section 3.23 of the Charter on April 25, 2011. Approved: Attest: s/ MICHAEL E. BODKER Michael E. Bodker, Mayor Approved as to Form and Content: s/ JOAN JONES Joan C. Jones, City Clerk [SEAL] s/ WENDELL K. WILLARD Wendell K. Willard, Attorney STATE OF GEORGIA COUNTY OF FULTON CITY OF JOHNS CREEK, GEORGIA PROPOSED AMENDMENT TO SECTION 3.23 OF THE CHARTER FOR THE CITY OF JOHNS CREEK PURSUANT TO THE MUNICIPAL HOME RULE ACT OF 1965 (O.C.G.A. 36-35-1, et seq.) THE PROPOSED AMENDMENT TO SECTION 3.23 OF THE CHARTER FOR THE CITY OF JOHNS CREEK, WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN, IS HEREBY FILED WITH THE CLERK OF FULTON COUNTY SUPERIOR COURT PURSUANT TO O.C.G.A. 36-35-3 FOR THE PURPOSE OF EXAMINATION AND INSPECTION BY THE PUBLIC. FURTHER, THE MAYOR AND COUNCIL OF THE CITY OF JOHNS CREEK WILL CONSIDER THIS PROPOSED AMENDMENT FOR ADOPTION BY ORDINANCE DURING THEIR REGULARLY SCHEDULED MEETING ON APRIL 11, 2011, AND IF APPROVED AT SAID MEETING, AGAIN AT THEIR REGULARLY SCHEDULED MEETING ON APRIL 25, 2011. CITY COUNCIL MEETINGS ARE HELD AT JOHNS CREEK CITY HALL, COUNCIL CHAMBERS LOCATED AT 12000 FINDLEY ROAD, SUITE 300, JOHNS CREEK, GEORGIA, BEGINNING AT 7:00PM. ALL COUNCIL MEETINGS ARE OPEN TO THE PUBLIC. RESPECTFULLY SUBMITTED, THIS 6th DAY OF APRIL, 2011. 4354 MUNICIPAL HOME RULE ORDINANCES s/ WENDELL K. WILLARD Wendell K. Willard Georgia Bar. No. 760300 Attorney for the City of Johns Creek PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF FULTON Re: Before me, the undersigned, a Notary Public, this day personally came Patrice Grant who, being duly sworn, according to law, says she is an agent of the ALM, LLC publishers of the Daily Report, the official newspaper published in Atlanta, Georgia, in said county and state, and that the publication, of which is annexed is a true copy, was published in said newspaper as provided by law on the following dates: RE: City of Johns Creek-Charter Notices Sec. 3.23, Sec. 4.12 & Sec 6.24 on 4/7/11. s/ PATRICE GRANT Agent of the Daily Report Subscribed and sworn to me on April 25, 2011. s/ K. MOSLEY Notary Public [NOTARY SEAL] LEGAL NOTICE CITY OF JOHNS CREEK Notice of Proposed Amendment to the Charter for the City of Johns Creek In accordance with O.C.G.A. 36-35-3, notice is hereby given that the Council of the City of Johns Creek is proposing the following amendment to the Charter for the City of Johns Creek pursuant to The Municipal Home Rule Act of 1965 (O.C.G.A. 36-35-1, et seq.). Amendment Section 3.23 of the Charter for the City of Johns Creek is hereby amended by deleting it in its entirety and replacing in lieu thereof the following Section 3.23, which shall henceforth read as follows: GEORGIA LAWS 2010 SESSION 4355 Sec. 3.23. City manager, appointment, qualification, compensation, and removal. (a) The mayor shall appoint for an indefinite term an officer, subject to ratification by the city council, whose title shall be the "city manager." The city manager shall be appointed without regard to political beliefs and solely on the basis of his or her executive and administrative qualifications with special reference to his or her educational background and actual experience in, and knowledge of, the duties of office as hereinafter prescribed. (b) The mayor or a councilmember may recommend the removal of the city manager from office in accordance with the following procedures: (1) In response to such recommendation, the city council shall adopt by affirmative vote of a majority of all its members a preliminary resolution which must state the reasons for removal and may suspend the city manger from duty for a period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the city manager; (2) Within ten days after a copy of the resolution is delivered to the city manager, that person may file with the city council a written request for a public hearing. This hearing shall be held within 30 days after the request is filed. The city manager may file with the city council a written reply not later than five days before the hearing; and (3) If the city manager has not requested a public hearing within the time specified in paragraph (2) of this subsection, the city council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of all its members. If the city manager has requested a public hearing, the city council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of all its members at any time after the public hearing. (c) The city manager shall continue to receive the city manager's salary until the effective date of a final resolution of removal. The proposed amendment is on file in the office of Clerk of the City of Johns Creek and in the office of the Fulton County Clerk of Superior Court for examination and inspection by the public. Anyone may, upon written request submitted to the Clerk of the City of Johns Creek, obtain a copy of the proposed amendment. The Mayor and Council will consider this amendment for adoption by ordinance during their regularly scheduled meeting on April 11, 2011, and if approved at said meeting, again at their regularly scheduled meeting on April 25, 2011. City Council meetings are held at Johns Creek City Hall, Council Chambers located at 12000 Findley Road, Suite 300, Johns Creek, Georgia beginning at 7:00pm. All council meetings are open to the public. This 1st day of April, 2011. Joan C. Jones, City Clerk 4356 MUNICIPAL HOME RULE ORDINANCES PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF FULTON Re: Before me, the undersigned, a Notary Public, this day personally came Patrice Grant who, being duly sworn, according to law, says she is an agent of the ALM, LLC publishers of the Daily Report, the official newspaper published in Atlanta, Georgia, in said county and state, and that the publication, of which is annexed is a true copy, was published in said newspaper as provided by law on the following dates: RE: City of Johns Creek-Charter Notices Sec. 3.23, Sec. 4.12 & Sec 6.24 on 4/13/11. s/ PATRICE GRANT Agent of the Daily Report Subscribed and sworn to me on April 25, 2011. s/ K. MOSLEY Notary Public [NOTARY SEAL] LEGAL NOTICE CITY OF JOHNS CREEK Notice of Proposed Amendment to the Charter for the City of Johns Creek In accordance with O.C.G.A. 36-35-3, notice is hereby given that the Council of the City of Johns Creek is proposing the following amendment to the Charter for the City of Johns Creek pursuant to The Municipal Home Rule Act of 1965 (O.C.G.A. 36-35-1, et seq.). Amendment Section 3.23 of the Charter for the City of Johns Creek is hereby amended by deleting it in its entirety and replacing in lieu thereof the following Section 3.23, which shall henceforth read as follows: Sec. 3.23. City manager, appointment, qualification, compensation, and removal. (a) The mayor shall appoint for an indefinite term an officer, subject to ratification by the city council, whose title shall be the "city manager." The city manager shall be appointed without regard to political beliefs and solely on the basis of his or her executive and GEORGIA LAWS 2010 SESSION 4357 administrative qualifications with special reference to his or her educational background and actual experience in, and knowledge of, the duties of office as hereinafter prescribed. (b) The mayor or a councilmember may recommend the removal of the city manager from office in accordance with the following procedures: (1) In response to such recommendation, the city council shall adopt by affirmative vote of a majority of all its members a preliminary resolution which must state the reasons for removal and may suspend the city manger from duty for a period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the city manager; (2) Within ten days after a copy of the resolution is delivered to the city manager, that person may file with the city council a written request for a public hearing. This hearing shall be held within 30 days after the request is filed. The city manager may file with the city council a written reply not later than five days before the hearing; and (3) If the city manager has not requested a public hearing within the time specified in paragraph (2) of this subsection, the city council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of all its members. If the city manager has requested a public hearing, the city council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of all its members at any time after the public hearing. (c) The city manager shall continue to receive the city manager's salary until the effective date of a final resolution of removal. The proposed amendment is on file in the office of Clerk of the City of Johns Creek and in the office of the Fulton County Clerk of Superior Court for examination and inspection by the public. Anyone may, upon written request submitted to the Clerk of the City of Johns Creek, obtain a copy of the proposed amendment. The Mayor and Council will consider this amendment for adoption by ordinance during their regularly scheduled meeting on April 11, 2011, and if approved at said meeting, again at their regularly scheduled meeting on April 25, 2011. City Council meetings are held at Johns Creek City Hall, Council Chambers located at 12000 Findley Road, Suite 300, Johns Creek, Georgia beginning at 7:00pm. All council meetings are open to the public. This 1st day of April, 2011. Joan C. Jones, City Clerk 4358 MUNICIPAL HOME RULE ORDINANCES PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF FULTON Re: Before me, the undersigned, a Notary Public, this day personally came Patrice Grant who, being duly sworn, according to law, says she is an agent of the ALM, LLC publishers of the Daily Report, the official newspaper published in Atlanta, Georgia, in said county and state, and that the publication, of which is annexed is a true copy, was published in said newspaper as provided by law on the following dates: RE: City of Johns Creek-Charter Notices Sec. 3.23, Sec. 4.12 & Sec 6.24 on 4/20/11. s/ PATRICE GRANT Agent of the Daily Report Subscribed and sworn to me on April 25, 2011. s/ K. MOSLEY Notary Public [NOTARY SEAL] LEGAL NOTICE CITY OF JOHNS CREEK Notice of Proposed Amendment to the Charter for the City of Johns Creek In accordance with O.C.G.A. 36-35-3, notice is hereby given that the Council of the City of Johns Creek is proposing the following amendment to the Charter for the City of Johns Creek pursuant to The Municipal Home Rule Act of 1965 (O.C.G.A. 36-35-1, et seq.). Amendment Section 3.23 of the Charter for the City of Johns Creek is hereby amended by deleting it in its entirety and replacing in lieu thereof the following Section 3.23, which shall henceforth read as follows: Sec. 3.23. City manager, appointment, qualification, compensation, and removal. (a) The mayor shall appoint for an indefinite term an officer, subject to ratification by the city council, whose title shall be the "city manager." The city manager shall be appointed without regard to political beliefs and solely on the basis of his or her executive and GEORGIA LAWS 2010 SESSION 4359 administrative qualifications with special reference to his or her educational background and actual experience in, and knowledge of, the duties of office as hereinafter prescribed. (b) The mayor or a councilmember may recommend the removal of the city manager from office in accordance with the following procedures: (1) In response to such recommendation, the city council shall adopt by affirmative vote of a majority of all its members a preliminary resolution which must state the reasons for removal and may suspend the city manger from duty for a period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the city manager; (2) Within ten days after a copy of the resolution is delivered to the city manager, that person may file with the city council a written request for a public hearing. This hearing shall be held within 30 days after the request is filed. The city manager may file with the city council a written reply not later than five days before the hearing; and (3) If the city manager has not requested a public hearing within the time specified in paragraph (2) of this subsection, the city council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of all its members. If the city manager has requested a public hearing, the city council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of all its members at any time after the public hearing. (c) The city manager shall continue to receive the city manager's salary until the effective date of a final resolution of removal. The proposed amendment is on file in the office of Clerk of the City of Johns Creek and in the office of the Fulton County Clerk of Superior Court for examination and inspection by the public. Anyone may, upon written request submitted to the Clerk of the City of Johns Creek, obtain a copy of the proposed amendment. The Mayor and Council will consider this amendment for adoption by ordinance during their regularly scheduled meeting on April 11, 2011, and if approved at said meeting, again at their regularly scheduled meeting on April 25, 2011. City Council meetings are held at Johns Creek City Hall, Council Chambers located at 12000 Findley Road, Suite 300, Johns Creek, Georgia beginning at 7:00pm. All council meetings are open to the public. This 1st day of April, 2011. Joan C. Jones, City Clerk 4360 MUNICIPAL HOME RULE ORDINANCES PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF FULTON, GA Before me, the undersigned, a Notary Public, this day personally came Susan Hernandez, who, being duly sworn, according to law, says he is an agent of Appen Newspapers, Inc. publishers of the Johns Creek Herald, the official newspaper published in Johns Creek, 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: April 7, 14, and 21, 2011. s/ SUSAN HERNANDEZ Name Title Subscribed and sworn to before me this April 27, 2011 Notary Public s/ LISA M. WHITE MCKEMEY [NOTARY SEAL] LEGAL NOTICE CITY OF JOHNS CREEK Notice of Proposed Amendment to the Charter for the City of Johns Creek In accordance with O.C.G.A. 36-35-3, notice is hereby given that the Council of the City of Johns Creek is proposing the following amendment to the Charter for the City of Johns Creek pursuant to The Municipal Home Rule Act of 1965 (O.C.G.A. 36-35-1, et seq.). Amendment Section 3.23 of the Charter for the City of Johns Creek is hereby amended by deleting it in its entirety and replacing in lieu thereof the following Section 3.23, which shall henceforth read as follows: Sec. 3.23. City manager, appointment, qualification, compensation, and removal. (a) The mayor shall appoint for an indefinite term an officer, subject to ratification by the city council, whose title shall be the "city manager." The city manager shall be appointed without regard to political beliefs and solely on the basis of his or her executive and administrative qualifications with special reference to his or her educational background and actual experience in, and knowledge of, the duties of office as hereinafter prescribed. GEORGIA LAWS 2010 SESSION 4361 (b) The mayor or a councilmember may recommend the removal of the city manager from office in accordance with the following procedures: (1) In response to such recommendation, the city council shall adopt by affirmative vote of a majority of all its members a preliminary resolution which must state the reasons for removal and may suspend the city manger from duty for a period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the city manager; (2) Within ten days after a copy of the resolution is delivered to the city manager, that person may file with the city council a written request for a public hearing. This hearing shall be held within 30 days after the request is filed. The city manager may file with the city council a written reply not later than five days before the hearing; and (3) If the city manager has not requested a public hearing within the time specified in paragraph (2) of this subsection, the city council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of all its members. If the city manager has requested a public hearing, the city council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of all its members at any time after the public hearing. (c) The city manager shall continue to receive the city manager's salary until the effective date of a final resolution of removal. The proposed amendment is on file in the office of Clerk of the City of Johns Creek and in the office of the Fulton County Clerk of Superior Court for examination and inspection by the public. Anyone may, upon written request submitted to the Clerk of the City of Johns Creek, obtain a copy of the proposed amendment. The Mayor and Council will consider this amendment for adoption by ordinance during their regularly scheduled meeting on April 11, 2011, and if approved at said meeting, again at their regularly scheduled meeting on April 25, 2011. City Council meetings are held at Johns Creek City Hall, Council Chambers located at 12000 Findley Road, Suite 300, Johns Creek, Georgia beginning at 7:00pm. All council meetings are open to the public. This 1st day of April, 2011. Joan C. Jones, City Clerk Filed in the Office of the Secretary of State May 3, 2011. __________ 4362 MUNICIPAL HOME RULE ORDINANCES CITY OF JOHNS CREEK CITY ATTORNEY; APPOINTMENT; TERM OF SERVICE STATE OF GEORGIA COUNTY OF FULTON ORDINANCE 2011-04-09 AN ORDINANCE TO AMEND SECTION 4.12 OF THE CHARTER FOR THE CITY OF JOHNS CREEK RELATING TO THE CITY ATTORNEY SO AS TO PROVIDE THAT THE CITY ATTORNEY SERVES AT THE PLEASURE OF THE CITY COUNCIL AND TO CLARIFY THAT THE APPOINTMENT OF THE CITY ATTORNEY IS SUBJECT TO RATIFICATION BY CITY COUNCIL; AND FOR OTHER PURPOSES WHEREAS, Section 4.12 of the Charter for the City of Johns Creek (also referred to herein as the "Charter") provides for the creation of the "city attorney" as an officer of the City; and WHEREAS, the Council of the City of Johns Creek has determined that a provision regarding the authority for removal of the city attorney needs to be amended and that a provision regarding the ratification of the appointment of the city attorney needs to be clarified; and WHEREAS, Article IX, Section II, Paragraph II of the Constitution of the State of Georgia, entitled Home Rule for Municipalities, allows the General Assembly of the State of Georgia to provide by law for the self-government of municipalities, which the General Assembly has done with The Municipal Home Rule Act of 1965, O.C.G.A. 36-35-1, et seq.; and WHEREAS, O.C.G.A. 36-35-3 allows municipal charters to be amended by ordinances duly adopted at two regular consecutive meetings of the municipal governing authority, not less than seven (7) nor more than sixty (60) days apart; and WHEREAS, the Council of the City of Johns Creek while at a regular meeting on March 28, 2011, approved and authorized the publication of notice pursuant to O.C.G.A. 36-35-3 for the purpose of amending Section 4.12 of the Charter in accordance with The Municipal Home Rule Act of 1965; and WHEREAS, the required notice has been published once a week for three weeks prior to the final adoption of this Ordinance to amend Section 4.12 of the Charter; and WHEREAS, the required notice has been published within the statutory period of sixty (60) days immediately preceding the final adoption of this Ordinance to amend Section 4.2 of the Charter; and GEORGIA LAWS 2010 SESSION 4363 WHEREAS, a copy of the proposed amendment is on file in the Office of the Clerk of Johns Creek 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, as required by law; and WHEREAS, the Clerk of the City of Johns Creek shall furnish anyone, upon written request, a copy of the proposed amendment, as required by law; and WHEREAS, this Ordinance to amend Section 4.12 of the Charter shall be read and duly adopted at two regular consecutive City Council meetings not less than seven (7) nor more than sixty (60) days apart as required by O.C.G.A. 36-35-3. NOW, THEREFORE in accordance with O.C.G.A. 36-35-3 the Council of the City of Johns Creek hereby ordains that Section 4.12 of the Charter for the City of Johns Creek is hereby amended by deleting it in its entirety and replacing in lieu thereof the following Section 4.12, which shall henceforth read as follows: Sec. 4.12. - City attorney. The mayor shall nominate a city attorney subject to ratification by the city council who shall be a member of the State Bar of Georgia and shall have actively practiced law for at least one year. The city attorney shall serve at the pleasure of the city council. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party, may be the prosecuting officer in the municipal court, shall attend the meetings of the 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 position of city attorney. The city council shall provide for the compensation of the city attorney. SO ORDAINED this 25th day of April, 2011. Approved: s/ MICHAEL E. BODKER Michael E. Bodker, Mayor Attest: Approved as to Form and Content: s/ JOAN JONES Joan Jones, City Clerk s/ WENDELL K. WILLARD Wendell K. Willard, Attorney [SEAL] 4364 MUNICIPAL HOME RULE ORDINANCES First Reading and Adoption of Ordinance No. 2011-04-09 to amend Section 4.12 of the Charter on April 11, 2011. Approved: Attest: s/ MICHAEL E. BODKER Michael E. Bodker, Mayor s/ JOAN JONES Joan Jones, City Clerk [SEAL] Approved as to Form and Content: s/ WENDELL K. WILLARD Wendell K. Willard, Attorney Second Reading and Adoption of Ordinance No. 2011-04-09 to amend Section 4.12 of the Charter on April 25, 2011. Approved: Attest: s/ MICHAEL E. BODKER Michael E. Bodker, Mayor s/ JOAN JONES Joan Jones, City Clerk [SEAL] Approved as to Form and Content: s/ WENDELL K. WILLARD Wendell K. Willard, Attorney STATE OF GEORGIA COUNTY OF FULTON CITY OF JOHNS CREEK, GEORGIA PROPOSED AMENDMENT TO SECTION 4.12 OF THE CHARTER FOR THE CITY OF JOHNS CREEK PURSUANT TO THE MUNICIPAL HOME RULE ACT OF 1965 (O.C.G.A. 36-35-l, et seq.) THE PROPOSED AMENDMENT TO SECTION 4.12 OF THE CHARTER FOR THE CITY OF JOHNS CREEK, WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN, IS HEREBY FILED WITH THE CLERK OF FULTON COUNTY SUPERIOR GEORGIA LAWS 2010 SESSION 4365 COURT PURSUANT TO O.C.G.A. 36-35-3 FOR THE PURPOSE OF EXAMINATION AND INSPECTION BY THE PUBLIC. FURTHER, THE MAYOR AND COUNCIL OF THE CITY OF JOHNS CREEK WILL CONSIDER THIS PROPOSED AMENDMENT FOR ADOPTION BY ORDINANCE DURING THEIR REGULARLY SCHEDULED MEETING ON APRIL 11, 2011, AND IF APPROVED AT SAID MEETING, AGAIN AT THEIR REGULARLY SCHEDULED MEETING ON APRIL 25, 2011. CITY COUNCIL MEETINGS ARE HELD AT JOHNS CREEK CITY HALL, COUNCIL CHAMBERS LOCATED AT 12000 FINDLEY ROAD, SUITE 300, JOHNS CREEK, GEORGIA, BEGINNING AT 7:00PM. ALL COUNCIL MEETINGS ARE OPEN TO THE PUBLIC. RESPECTFULLY SUBMITTED, THIS 6th DAY OF APRIL, 2011. s/ WENDELL K. WILLARD wep D. Geisinger Wendell K. Willard Georgia Bar. No. 760300 Attorney for the City of Johns Creek PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF FULTON Re: Before me, the undersigned, a Notary Public, this day personally came Patrice Grant who, being duly sworn, according to law, says she is an agent of the ALM, LLC publishers of the Daily Report, the official newspaper published in Atlanta, Georgia, in said county and state, and that the publication, of which is annexed is a true copy, was published in said newspaper as provided by law on the following dates: RE: City of Johns Creek-Charter Notices Sec. 3.23, Sec. 4.12 & Sec 6.24 on 4/7/11. s/ PATRICE GRANT Agent of the Daily Report 4366 MUNICIPAL HOME RULE ORDINANCES Subscribed and sworn to me on April 25, 2011. s/ K. MOSLEY[SEAL] Notary Public LEGAL NOTICE CITY OF JOHNS CREEK Notice of Proposed Amendment to the Charter for the City of Johns Creek In accordance with O.C.G.A. 36-35-1, notice is hereby given that the Council of the City of Johns Creek is proposing the following amendment to the Charter for the City of Johns Creek pursuant to The Municipal Home Rule Act of 1965 (O.C.G.A. 36-35-1, et seq.). Amendment Section 4.12 of the Charter for the City of Johns Creek is hereby amended by deleting it in its entirety and replacing in lieu thereof the following Section 4.12, which shall henceforth read as follows: Sec. 4.12 City attorney. The mayor shall nominate a city attorney subject to ratification by the city council who shall be a member of the State Bar of Georgia and shall have actively practiced law for at least one year. The city attorney shall serve at the pleasure of the city council. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party, may be the prosecuting officer in the municipal court, shall attend the meetings of the 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 position of city attorney. The city council shall provide for the compensation of the city attorney. The proposed amendment is on file in the office of Clerk of the City of Johns Creek and in the office of the Fulton County Clerk of Superior Court for examination and inspection by the public. Anyone may, upon written request submitted to the Clerk of the City of Johns Creek, obtain a copy of the proposed amendment. The Mayor and Council will consider this amendment for adoption by ordinance during their regularly scheduled meeting on April 11, 2011, and if approved at said meeting, again at their regularly scheduled meeting on April 25, 2011. City Council meetings are held at Johns Creek City Hall, Council Chambers located at 12000 Findley Road, Suite 300, Johns Creek, Georgia beginning at 7p.m. All council meetings are open to the public. This 1st day of April, 2011. GEORGIA LAWS 2010 SESSION 4367 Joan C. Jones, City Clerk PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF FULTON Re: Before me, the undersigned, a Notary Public, this day personally came Patrice Grant who, being duly sworn, according to law, says she is an agent of the ALM, LLC publishers of the Daily Report, the official newspaper published in Atlanta, Georgia, in said county and state, and that the publication, of which is annexed is a true copy, was published in said newspaper as provided by law on the following dates: RE: City of Johns Creek-Charter Notices Sec. 3.23, Sec. 4.12 & Sec 6.24 on 4/13/11. s/ PATRICE GRANT Agent of the Daily Report Subscribed and sworn to me on April 25, 2011. s/ K. MOSLEY Notary Public [SEAL] LEGAL NOTICE CITY OF JOHNS CREEK Notice of Proposed Amendment to the Charter for the City of Johns Creek. In accordance with O.C.G.A. 36-35-3 notice is hereby given that the Council of the City of Johns Creek is proposing the following amendment to the Charter for the City of Johns Creek pursuant to The Municipal Home Rule Act of 1965 (O.C.G.A. 36-35-1, et seq.). Amendment Section 4.12 of the Charter for the City of Johns Creek is hereby amended by deleting it in its entirety and replacing in lieu thereof the following Section 4.12, which shall henceforth read as follows: 4368 MUNICIPAL HOME RULE ORDINANCES Sec. 4.12 - City attorney. The mayor shall nominate a city attorney subject to ratification by the city council who shall be a member of the State Bar of Georgia and shall have actively practiced law for at least one year. The city attorney shall serve at the pleasure of the city council. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party, may be the prosecuting officer in the municipal court, shall attend the meetings of the 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 position of city attorney. The city council shall provide for the compensation of the city attorney. The proposed amendment is on file in the office of Clerk of the City of Johns Creek and in the office of the Fulton County Clerk of Superior Court for examination and inspection by the public. Anyone may, upon written request submitted to the Clerk of the City of Johns Creek, obtain a copy of the proposed amendment. The Mayor and Council will consider this amendment for adoption by ordinance during their regularly scheduled meeting on April 11, 2011, and if approved at said meeting, again at their regularly scheduled meeting on April 25, 2011. City Council meetings are held at Johns Creek City Hall. Council Chambers located at 12000 Findley Road, Suite 300, Johns Creek, Georgia beginning at 7p.m. All council meetings are open to the public. This 1st day of April, 2011. Joan C. Jones, City Clerk PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF FULTON Re: Before me, the undersigned, a Notary Public, this day personally came Patrice Grant who, being duly sworn, according to law, says she is an agent of the ALM, LLC publishers of the Daily Report, the official newspaper published in Atlanta, Georgia, in said county and state, and that the publication, of which is annexed is a true copy, was published in said newspaper as provided by law on the following dates: RE: City of Johns Creek-Charter Notices Sec. 3.23, Sec. 4.12 & Sec 6.24 on 4/20/11. GEORGIA LAWS 2010 SESSION 4369 s/ PATRICE GRANT Agent of the Daily Report Subscribed and sworn to me on April 25, 2011. s/ K. MOSLEY Notary Public [SEAL] LEGAL NOTICE CITY OF JOHNS CREEK Notice of Proposed Amendment to the Charter for the City of Johns Creek. In accordance with O.C.G.A. 36-35-3 notice is hereby given that the Council of the City of Johns Creek is proposing the following amendment to the Charter for the City of Johns Creek pursuant to The Municipal Home Rule Act of 1965 (O.C.G.A. 36-35-1, et seq.). Amendment Section 4.12 of the Charter for the City of Johns Creek is hereby amended by deleting it in its entirety and replacing in lieu thereof the following Section 4.12, which shall henceforth read as follows: Sec. 4.12 - City attorney. The mayor shall nominate a city attorney subject to ratification by the city council who shall be a member of the State Bar of Georgia and shall have actively practiced law for at least one year. The city attorney shall serve at the pleasure of the city council. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party, may be the prosecuting officer in the municipal court, shall attend the meetings of the 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 position of city attorney. The city council shall provide for the compensation of the city attorney. The proposed amendment is on file in the office of Clerk of the City of Johns Creek and in the office of the Fulton County Clerk of Superior Court for examination and inspection by the public. Anyone may, upon written request submitted to the Clerk of the City of Johns Creek, obtain a copy of the proposed amendment. The Mayor and Council will consider this amendment for adoption by ordinance during their regularly scheduled meeting on April 11, 2011, and if approved at said meeting, again at their regularly scheduled meeting on April 25, 2011. City Council meetings are held at Johns Creek City Hall. Council Chambers located 4370 MUNICIPAL HOME RULE ORDINANCES at 12000 Findley Road, Suite 300, Johns Creek, Georgia beginning at 7p.m. All council meetings are open to the public. This 1st day of April, 2011. Joan C. Jones, City Clerk Filed in the Office of the Secretary of State May 3, 2011. __________ CITY OF JOHNS CREEK OPERATING BUDGET; TIME OF SUBMISSION TO CITY COUNCIL. STATE OF GEORGIA COUNTY OF FULTON ORDINANCE 2011-04-10 AN ORDINANCE TO AMEND SECTION 6.24 OF THE CHARTER FOR THE CITY OF JOHNS CREEK RELATING TO THE OPERATING BUDGET SO AS TO PROVIDE THAT THE PROPOSED OPERATING BUDGET FOR THE ENSUING FISCAL YEAR SHALL BE SUBMITTED TO THE CITY COUNCIL BY THE CITY MANAGER NO LATER THAN 15 DAYS PRIOR TO THE BEGINNING OF SUCH FISCAL YEAR; AND FOR OTHER PURPOSES WHEREAS, Section 6.24 of the Charter for the City of Johns Creek (also referred to herein as the "Charter") provides provisions regarding the operating budget for the City; and WHEREAS, the Council of the City of Johns Creek has determined that a provision regarding the time for when the proposed operating budget for the ensuing fiscal year must be submitted to the City Council by the city manager needs to be amended; and WHEREAS, Article IX, Section II, Paragraph II of the Constitution of the State of Georgia, entitled Home Rule for Municipalities, allows the General Assembly of the State of Georgia to provide by law for the self-government of municipalities, which the General Assembly has done with The Municipal Home Rule Act of 1965, O.C.G.A. 36-35-1, et seq.; and WHEREAS, O.C.G.A. 36-35-3 allows municipal charters to be amended by ordinances duly adopted at two regular consecutive meetings of the municipal governing authority, not less than seven (7) nor more than sixty (60) days apart; and GEORGIA LAWS 2010 SESSION 4371 WHEREAS, the Council of the City of Johns Creek while at a regular meeting on March 28, 2011, approved and authorized the publication or notice pursuant to O.C.G.A. 36-35-3 for the purpose of amending Section 6.24 of the Charter in accordance with The Municipal Home Rule Act of 1965; and WHEREAS, the required notice has been published once a week for three weeks prior to the final adoption of this Ordinance to amend Section 6.24 of the Charter; and WHEREAS, the required notice has been published within the statutory period of sixty (60) days immediately preceding the final adoption of this Ordinance to amend Section 6.24 of the Charter; and WHEREAS, a copy of the proposed amendment is on file in the Office of the Clerk of Johns Creek 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, as required by law; and WHEREAS, the Clerk of the City of Johns Creek shall furnish anyone, upon written request, a copy of the proposed amendment, as required by law; and WHEREAS, this Ordinance to amend Section 6.24 of the Charter shall be read and duly adopted at two regular consecutive City Council meetings not less than seven (7) nor more than sixty (60) days apart as required by O.C.G.A. 36-35-3. NOW, THEREFORE, in accordance with O.C.G.A. 36-35-3 the Council of the City of Johns Creek hereby ordains that Section 6.24 of the Charter for the City of Johns Creek is hereby amended by deleting it in its entirety and replacing in lieu thereof the following Section 6.24, which shall henceforth read as follows: Sec. 6.24. Operating budget. On or before a date fixed by the city council but not later than 15 days prior to the beginning of each fiscal year, the city manager shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as the city manager may deem pertinent. The operating budget, the capital improvements budget, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection. SO ORDAINED this 25th day of April, 2011. 4372 MUNICIPAL HOME RULE ORDINANCES Approved: s/ MICHAEL E. BODKER Michael E. Bodker, Mayor Attest: Approved as to Form and Content: s/ JOAN JONES Joan Jones, City Clerk s/ WENDELL K. WILLARD Wendell K. Willard, Attorney First Reading and Adoption of Ordinance No. 2011-04-10 to amend Section 6.24 of the Charter on April 11, 2011. Approved: Attest: s/ MICHAEL E. BODKER Michael E. Bodker, Mayor s/ JOAN JONES Joan Jones, City Clerk Approved as to Form and Content: s/ WENDELL K. WILLARD Wendell K. Willard, Attorney Second Reading and Adoption of Ordinance No. 2011-04-10 to amend Section 6.24 of the Charter on April 25, 2011. Approved: Attest: s/ MICHAEL E. BODKER Michael E. Bodker, Mayor s/ JOAN JONES Joan Jones, City Clerk Approved as to Form and Content: s/ WENDELL K. WILLARD Wendell K. Willard, Attorney GEORGIA LAWS 2010 SESSION 4373 STATE OF GEORGIA COUNTY OF FULTON CITY OF JOHNS CREEK, GEORGIA PROPOSED AMENDMENT TO SECTION 6.24 OF THE CHARTER FOR THE CITY OF JOHNS CREEK PURSUANT TO THE MUNICIPAL HOME RULE ACT OF 1965 (O.C.G.A. 36-35-1, et seq.) THE PROPOSED AMENDMENT TO SECTION 6.24 OF THE CHARTER FOR THE CITY OF JOHNS CREEK, WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN, IS HEREBY FILED WITH THE CLERK OF FULTON COUNTY SUPERIOR COURT PURSUANT TO O.C.G.A. 36-35-3 FOR THE PURPOSE OF EXAMINATION AND INSPECTION BY THE PUBLIC. FURTHER, THE MAYOR AND COUNCIL OF THE CITY OF JOHNS CREEK WILL CONSIDER THIS PROPOSED AMENDMENT FOR ADOPTION BY ORDINANCE DURING THEIR REGULARLY SCHEDULED MEETING ON APRIL 11, 2011, AND IF APPROVED AT SAID MEETING, AGAIN AT THEIR REGULARLY SCHEDULED MEETING ON APRIL 25, 2011. CITY COUNCIL MEETINGS ARE HELD AT JOHNS GREEK CITY HALL, COUNCIL CHAMBERS LOCATED AT 12000 FINDLEY ROAD, SUITE 300, JOHNS CREEK, GEORGIA, BEGINNING AT 7:00PM. ALL COUNCIL MEETINGS ARE OPEN TO THE PUBLIC. RESPECTFULLY SUBMITTED, THIS 6th DAY OF APRIL, 2011. s/ WENDELL K. WILLARD wep D. Geisinger Wendell K. Willard Georgia Bar. No. 760300 Attorney for the City of Johns Creek 4374 MUNICIPAL HOME RULE ORDINANCES PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF FULTON Re: Before me, the undersigned, a Notary Public, this day personally came Patrice Grant who, being duly sworn, according to law, says she is an agent of the ALM, LLC publishers of the Daily Report, the official newspaper published in Atlanta, Georgia, in said county and state, and that the publication, of which is annexed is a true copy, was published in said newspaper as provided by law on the following dates: RE: City of Johns Creek-Charter Notices Sec. 3.23, Sec. 4.12 & Sec 6.24 on 4/7/11. s/ PATRICE GRANT Agent of the Daily Report Subscribed and sworn to me on April 25, 2011. s/ K. MOSLEY Notary Public [NOTARY SEAL] LEGAL NOTICE CITY OF JOHNS CREEK Notice of Proposed Amendment to the Charter for the City of Johns Creek In accordance with O.C.G.A. 36-35-3, notice is hereby given that the Council of the City of Johns Creek is proposing the following amendment to the Charter for the City of Johns Creek pursuant to The Municipal Home Rule Act of 1965 (O.C.G.A. 36-35-1, et seq.). Amendment Section 6.24 of the Charter for the City of Johns Creek is hereby amended by deleting it in its entirety and replacing in lieu thereof the following Section 6.24, which shall henceforth read as follows: Sec. 6.24. Operating budget. On or before a date fixed by the City Council but not later than 15 days prior to the beginning of each fiscal year, the city manager shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the GEORGIA LAWS 2010 SESSION 4375 city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as the city manager may deem pertinent. The operating budget, the capital improvements budget, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection. The proposed amendment is on file in the office of Clerk of the City of Johns Creek and in the office of the Fulton County Clerk of Superior Court for examination and inspection by the public. Anyone may, upon written request submitted to the Clerk of the City of Johns Creek, obtain a copy of the proposed amendment. The Mayor and Council will consider this amendment for adoption by ordinance during their regularly scheduled meeting on April 11, 2011, and if approved at said meeting, again at their regularly scheduled meeting on April 25, 2011. City Council meetings are held at Johns Creek City Hall, Council Chambers located at 12000 Findley Road, Suite 300, Johns Creek, Georgia beginning at 7:00pm. All council meetings are open to the public. This 1st day of April, 2011. Joan C. Jones, City Clerk PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF FULTON Re: Before me, the undersigned, a Notary Public, this day personally came Patrice Grant who, being duly sworn, according to law, says she is an agent of the ALM, LLC publishers of the Daily Report, the official newspaper published in Atlanta, Georgia, in said county and state, and that the publication, of which is annexed is a true copy, was published in said newspaper as provided by law on the following dates: RE: City of Johns Creek-Charter Notices Sec. 3.23, Sec. 4.12 & Sec 6.24 on 4/13/11. s/ PATRICE GRANT Agent of the Daily Report 4376 MUNICIPAL HOME RULE ORDINANCES Subscribed and sworn to me on April 25, 2011. s/ K. MOSLEY Notary Public [NOTARY SEAL] LEGAL NOTICE CITY OF JOHNS CREEK Notice of Proposed Amendment to the Charter for the City of Johns Creek In accordance with O.C.G.A. 36-35-3, notice is hereby given that the Council of the City of Johns Creek is proposing the following amendment to the Charter for the City of Johns Creek pursuant to The Municipal Home Rule Act of 1965 (O.C.G.A. 36-35-1, et seq.). Amendment Section 6.24 of the Charter for the City of Johns Creek is hereby amended by deleting it in its entirety and replacing in lieu thereof the following Section 6.24, which shall henceforth read as follows: Sec. 6.24. Operating budget. On or before a date fixed by the City Council but not later than 15 days prior to the beginning of each fiscal year, the city manager shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year a general summary of the budget, and such other comments and information as the city manager may deem pertinent. The operating budget, the capital improvements budget, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection. The proposed amendment is on file in the office of Clerk of the City of Johns Creek and in the office of the Fulton County Clerk of Superior Court for examination and inspection by the public. Anyone may, upon written request submitted to the Clerk of the City of Johns Creek, obtain a copy of the proposed amendment. The Mayor and Council will consider this amendment for adoption by ordinance during their regularly scheduled meeting on April 11, 2011, and if approved at said meeting, again at their regularly scheduled meeting on April 25, 2011. City Council meetings are held at Johns Creek City Hall, Council Chambers located at 12000 Findley Road, Suite 300, Johns Creek, Georgia beginning at 7:00pm. All council meetings are open to the public. This 1st day of April, 2011. GEORGIA LAWS 2010 SESSION 4377 Joan C. Jones, City Clerk PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF FULTON Re: Before me, the undersigned, a Notary Public, this day personally came Patrice Grant who, being duly sworn, according to law, says she is an agent of the ALM, LLC publishers of the Daily Report, the official newspaper published in Atlanta, Georgia, in said county and state, and that the publication, of which is annexed is a true copy, was published in said newspaper as provided by law on the following dates: RE: City of Johns Creek-Charter Notices Sec. 3.23, Sec. 4.12 & Sec 6.24 on 4/20/11. s/ PATRICE GRANT Agent of the Daily Report Subscribed and sworn to me on April 25, 2011. s/ K. MOSLEY Notary Public [NOTARY SEAL] LEGAL NOTICE CITY OF JOHNS CREEK Notice of Proposed Amendment to the Charter for the City of Johns Creek In accordance with O.C.G.A. 36-35-3, notice is hereby given that the Council of the City of Johns Creek is proposing the following amendment to the Charter for the City of Johns Creek pursuant to The Municipal Home Rule Act of 1965 (O.C.G.A. 36-35-1, et seq.). Amendment Section 6.24 of the Charter for the City of Johns Creek is hereby amended by deleting it in its entirety and replacing in lieu thereof the following Section 6.24, which shall henceforth read as follows: 4378 MUNICIPAL HOME RULE ORDINANCES Sec. 6.24. Operating budget. On or before a date fixed by the City Council but not later than 15 days prior to the beginning of each fiscal year, the city manager shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year a general summary of the budget, and such other comments and information as the city manager may deem pertinent. The operating budget, the capital improvements budget, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection. The proposed amendment is on file in the office of Clerk of the City of Johns Creek and in the office of the Fulton County Clerk of Superior Court for examination and inspection by the public. Anyone may, upon written request submitted to the Clerk of the City of Johns Creek, obtain a copy of the proposed amendment. The Mayor and Council will consider this amendment for adoption by ordinance during their regularly scheduled meeting on April 11, 2011, and if approved at said meeting, again at their regularly scheduled meeting on April 25, 2011. City Council meetings are held at Johns Creek City Hall, Council Chambers located at 12000 Findley Road, Suite 300, Johns Creek, Georgia beginning at 7:00pm. All council meetings are open to the public. This 1st day of April, 2011. Joan C. Jones, City Clerk PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF FULTON, GA Before me, the undersigned, a Notary Public, this day personally came Susan Hernandez, who, being duly sworn, according to law, says he is an agent of Appen Newspapers, Inc. publishers of the Johns Creek Herald, the official newspaper published in Johns Creek, 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: April 7, 14, and 21, 2011. GEORGIA LAWS 2010 SESSION 4379 s/ SUSAN HERNANDEZ Name Title Subscribed and sworn to before me this April 27, 2011 Notary Public s/ LISA M. WHITE MCKEMEY [NOTARY SEAL] LEGAL NOTICE CITY OF JOHNS CREEK Notice of Proposed Amendment to the Charter for the City of Johns Creek In accordance with O.C.G.A. 36-35-3, notice is hereby given that the Council of the City of Johns Creek is proposing the following amendment to the Charter for the City of Johns Creek pursuant to The Municipal Home Rule Act of 1965 (O.C.G.A. 36-35-1, et seq.). Amendment Section 6.24 of the Charter for the City of Johns Creek is hereby amended by deleting it in its entirety and replacing in lieu thereof the following Section 6.24, which shall henceforth read as follows: Sec. 6.24. Operating budget. On or before a date fixed by the City Council but not later than 15 days prior to the beginning of each fiscal year, the city manager shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year a general summary of the budget, and such other comments and information as the city manager may deem pertinent. The operating budget, the capital improvements budget, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection. The proposed amendment is on file in the office of Clerk of the City of Johns Creek and in the office of the Fulton County Clerk of Superior Court for examination and inspection by the public. Anyone may, upon written request submitted to the Clerk of the City of Johns Creek, obtain a copy of the proposed amendment. The Mayor and Council will consider this amendment for adoption by ordinance during their regularly scheduled meeting on April 11, 2011, and if approved at said meeting, again at their regularly scheduled meeting on April 25, 2011. City Council meetings are held at Johns Creek City Hall, Council Chambers located 4380 MUNICIPAL HOME RULE ORDINANCES at 12000 Findley Road, Suite 300, Johns Creek, Georgia beginning at 7:00pm. All council meetings are open to the public. This 1st day of April, 2011. Joan C. Jones, City Clerk Filed in the Office of the Secretary of State May 3, 2011. __________ CITY OF MACON COUNCIL DISTRICTS; REDISTRICTING. REDISTRICTING COMMITTEE AMENDMENT SPONSOR: MAYOR ROBERT A.B. REICHERT AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MACON, GEORGIA, TO AMEND APPENDIX IV OF THE CITY OF MACON CHARTER, PURSUANT TO THE AUTHORITY GRANTED THE CITY OF MACON UNDER THE MUNICIPAL HOME RULE ACT OF 1965 (O.C.G.A. SECTION 36-35-1, ET SEQ.), SO AS TO REAPPORTION COUNCIL ELECTION DISTRICTS; TO REPEAL CONFLICTING LAWS; AND FOR OTHER PURPOSES. BE IT ORDAINED by the Mayor and Council of the City of Macon, Georgia, and it is hereby so ordained by the authority of the same: Section 1. The City of Macon Charter, as set out in 1977 Ga. Laws 3776 (Act No. 507), as amended, is hereby further amended by deleting Appendix IV in its entirety and inserting in lieu thereof a new Appendix IV to read as follows: "CHARTER APPENDIX IV. COUNCIL ELECTION DISTRICTS (a) For the purpose of this Appendix IV: (1) "Tract" and "block" 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 2010 for the State of Georgia. GEORGIA LAWS 2010 SESSION 4381 (2) "Precinct" is synonymous with "voting precinct" and means a geographical area comprised of tracts and/or portions of tracts and within which all electors vote at one polling place. A "split precinct" is a precinct that is included in more than one district. (b) For the purpose of electing the fifteen council members, the territory of the City of Macon shall be divided into five council districts. Each such district shall be comprised of precincts and portions of precincts as follows: DISTRICT 1 EAST MACON 1 - (Split Precinct) TRACT: 011100 BLOCKS: 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 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 TRACT: 013800 BLOCKS: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2103 2104 EAST MACON 2 TRACT: 011100 BLOCKS: 1000 4382 MUNICIPAL HOME RULE ORDINANCES TRACT: 011702 BLOCKS: 1003 1004 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 3000 3001 3002 3003 3004 3005 3006 3007 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 EAST MACON 3 TRACT: 011000 BLOCKS: 4002 5000 5004 5005 5019 5020 5021 5022 TRACT: 011100 BLOCKS: 2000 2001 2002 2003 2004 2005 TRACT: 011701 BLOCKS: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 EAST MACON 4 TRACT: 011000 BLOCKS: 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 2013 1014 1015 1016 1017 1018 1019 1020 1021 1022 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 4000 4001 4003 4004 4005 4006 4007 4003 4009 5001 5002 5003 5006 5007 5008 5009 5010 5011 5012 5014 5015 5016 5017 5018 5023 5024 5025 5026 5027 TRACT: 011900 BLOCKS: 3000 EAST MACON 5 TRACT: 011702 GEORGIA LAWS 2010 SESSION 4383 BLOCKS: 1000 1001 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5018 5020 5021 6000 6001 6002 6003 6004 6005 6006 6007 6008 6009 6010 6011 6012 6013 6014 6015 6016 6017 6018 6019 6020 6021 VINEVILLE 2 - (Split Precinct) TRACT: 010100 BLOCKS: 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 VINEVILLE 8 - (Split Precinct) TRACT: 011900 BLOCKS: 1000 1001 1002 1003 1004 1005 1006 1007 2012 2013 2014 2015 2016 2019 2020 2021 2022 2023 2024 2025 2026 2027 3001 3002 3003 3005 3006 3007 3008 3009 3010 3011 3015 3016 3017 3018 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 JONES COUNTY TRACT: 030101 BLOCKS: 1052 TRACT: 030104 BLOCKS: 1029 1031 1037 1038 1039 1040 1041 1042 1043 1044 1061 1062 1063 1074 1079 1081 2019 2022 DISTRICT 2 GODFREY 4 - (Split Precinct) TRACT: 013900 BLOCKS: 1185 1188 1191 GODFREY 5 TRACT: 013101 BLOCKS: 1000 1001 1008 1010 TRACT: 013102 1011 1016 1018 1019 1078 4384 MUNICIPAL HOME RULE ORDINANCES BLOCKS: 1000 1001 1002 1003 1004 1005 1006 1007 1008 2000 2001 2003 2004 2005 2006 2007 2008 2009 2010 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 GODFREY 6 - (Split Precinct) TRACT: 012600 BLOCKS: 3025 3027 3033 3034 3035 3036 3037 3038 3039 3040 3041 3044 3045 3046 3047 3048 3049 3050 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 TRACT: 013102 BLOCKS: 2002 GODFREY 7 TRACT: 013101 BLOCKS: 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1032 1033 1034 1035 1036 1037 1038 1039 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1059 1062 1064 3004 3005 3006 3007 3008 3009 3010 3012 3014 3015 3016 3019 3020 3023 3024 3028 3029 3030 3033 HAZZARD 1 TRACT: 012500 BLOCKS: 2016 3026 TRACT: 013201 BLOCKS: 1000 1001 1002 1003 1004 2004 2012 2013 2017 2018 2019 2033 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3020 3011 3012 4000 4001 4002 4016 4017 4018 4019 4020 4021 4022 4028 4029 4030 4031 4033 4034 4035 4036 4037 4033 4039 4045 4046 HAZZARD 3 TRACT: 013201 GEORGIA LAWS 2010 SESSION 4385 BLOCKS: 2005 2052 4023 4025 TRACT: 013603 BLOCKS: 2001 2005 2006 2007 2042 2043 2044 4041 2008 4043 2009 2026 2033 2036 2040 2041 HAZZARD 5 TRACT: 012500 BLOCKS: 3027 TRACT: 012600 BLOCKS: 1026 1027 TRACT: 013201 BLOCKS: 3013 3014 4026 4027 4040 4044 TRACT: 013202 BLOCKS: 1000 1001 1002 1003 1004 1005 1006 1007 1009 1011 1012 1013 1016 2018 1019 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2012 3000 3001 3002 3003 3004 3005 3006 3007 3010 3012 3013 3014 3015 3016 3017 TRACT: 013603 BLOCKS: 2034 2035 HAZZARD 6 TRACT: 013101 BLOCKS: 2000 2003 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 3000 3001 3002 3013 3018 3022 3025 3026 TRACT: 013102 BLOCKS: 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 TRACT: 013202 BLOCKS: 3011 4386 MUNICIPAL HOME RULE ORDINANCES HOWARD 2 - (Split Precinct) TRACT: 013201 BLOCKS: 2014 RUTLAND 1 TRACT: 013900 BLOCKS: 1186 DISTRICT 3 EAST MACON 1 TRACT: 013800 BLOCKS: 2100 2101 2102 2108 TRACT: 013900 BLOCKS: 2036 2037 2038 2039 2040 2042 2043 2044 2049 EAST MACON 6 TRACT: 013900 BLOCKS: 2010 2050 GODFREY 1 - (Split Precinct) TRACT: 010300 BLOCKS: 1006 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 1938 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1060 1061 1063 1064 1065 1066 1067 1068 1070 1071 1072 1076 1077 1078 TRACT: 010400 BLOCKS: 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 2034 TRACT: 010500 GEORGIA LAWS 2010 SESSION 4387 BLOCKS: 1000 1001 1002 1003 1012 1013 1014 1015 1023 1024 1025 1026 1034 1035 1036 1037 2007 2008 2009 2010 2018 2019 TRACT: 010800 BLOCKS: 1070 1071 TRACT: 011500 BLOCKS: 1000 1001 1002 1003 1011 1012 1013 1014 1022 2036 2037 2038 TRACT: 013700 BLOCKS: 1059 1060 1061 1065 1075 1077 1078 1079 1087 1088 1089 1090 1121 1122 1123 1124 1132 1133 1134 1135 1143 1144 1145 1146 1154 1155 1156 1157 1165 1166 1167 1168 1176 1177 1178 1179 1187 1188 1189 1190 1198 1199 1200 1201 1209 1210 1211 1212 1220 1221 1222 1223 1231 1232 1233 1234 1242 1243 1244 1245 1253 1254 2009 2012 2026 2027 2028 2029 3001 3002 3003 3004 3012 3013 3014 3015 3023 3024 3025 3026 TRACT: 013900 BLOCKS: 1000 1001 1002 1003 1011 1012 1013 1019 1005 1016 1027 2000 2011 1004 1015 2039 1066 1080 1098 1125 1136 1147 1158 1169 1180 1191 1202 1213 1224 1235 1246 2017 2030 3005 3016 3027 1004 1020 1006 1017 1028 2001 2012 1005 1016 2040 1067 1081 1107 1126 1137 1148 1159 1170 1181 1192 1203 1214 1225 1236 1247 2018 2031 3006 3017 1005 1021 1007 1018 1029 2002 2013 1006 1017 2047 1070 1082 1110 1127 1138 1149 1160 1171 1182 1193 1204 1215 1226 1237 1248 2019 2032 3007 3018 1006 1022 1008 1019 1030 2003 2014 1007 1018 2048 1071 1083 1112 1128 1139 1150 1161 1172 1183 1194 1205 1216 1227 1238 1249 2021 2033 3008 3019 1007 1023 1009 1020 1031 2004 2015 1008 1019 2049 1072 1084 1117 1129 1140 1151 1162 1173 1184 1195 1206 1217 1228 1239 1250 2022 2034 3009 3020 1008 1024 1010 1021 1032 2005 2016 1009 1020 2056 1073 1085 1118 1130 1141 1152 1163 1174 1185 1196 1207 1218 1229 1240 1251 2023 2035 3010 3021 1009 1025 1011 1022 1033 2006 2017 1010 1021 2057 1074 1086 1120 1131 1142 1153 1164 1175 1186 1197 1208 1219 1230 1241 1252 2025 3000 3011 3022 1010 2026 4388 MUNICIPAL HOME RULE ORDINANCES 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1098 1203 1204 1205 1206 1207 1208 1209 1210 1211 1212 1213 1224 1228 1229 1230 1231 1232 1233 1234 1235 1236 1237 1238 2041 GODFREY 2 - (Split Precinct) TRACT: 011500 BLOCKS: 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 2041 2042 2043 2044 2045 2046 2050 2051 2052 2053 2054 2055 TRACT: 012700 BLOCKS: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 TRACT: 012800 - BLOCKS: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 TRACT: 012900 BLOCKS: 2000 2001 2002 2003 2004 2009 2010 2033 TRACT: 133900 BLOCKS: 1075 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1137 1118 1119 1120 1122 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1343 1344 1145 1146 1147 1148 1149 1150 1151 1155 1156 1157 1158 1159 1160 1161 1162 1163 1164 1165 1166 1167 1168 1169 1172 1173 1174 1175 1176 1177 1178 1202 1220 1221 1222 1223 1225 1227 GEORGIA LAWS 2010 SESSION 4389 GODFREY 3 - (Split Precinct) TRACT: 010400 BLOCKS: 2015 2016 2017 2018 2019 2029 2030 2031 2032 2033 2020 2021 2025 2026 2027 2028 GODFREY 4 - (Split Precinct) TRACT: 012900 BLOCKS: 2008 2026 2027 2028 2032 TRACT: 013900 BLOCKS: 1152 1153 1154 1110 1171 1179 1181 1226 GODFREY 6 - (Split Precinct) TRACT: 012600 BLOCKS: 2000 2001 2002 2003 2004 2005 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2020 2021 2022 2023 2024 2025 2026 2029 TRACT: 012700 BLOCKS: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 VINEVILLE 1 TRACT: 010100 BLOCKS: 1000 1001 1002 1003 1004 1005 1006 1008 1009 1010 1011 1012 1013 1034 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 TRACT: 010200 BLOCKS: 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1026 1027 TRACT: 010300 BLOCKS: 1000 1001 TRACT: 010500 BLOCKS: 1004 4390 MUNICIPAL HOME RULE ORDINANCES TRACT: 010800 BLOCKS: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1072 TRACT: 011900 BLOCKS: 3012 3013 3014 3019 3020 TRACT: 013700 BLOCKS: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1062 1063 1064 1068 1069 1076 1091 1092 1093 1094 1095 1096 1097 1099 1100 1101 1102 1103 1104 1105 1106 1108 1109 1111 1113 1114 1115 1116 1119 2000 2001 2002 2003 2004 2005 2006 2007 2008 2010 2011 2013 2014 2015 2016 2020 2024 TRACT: 013900 BLOCKS: 1014 1015 1016 1017 1018 VINEVILLE 2 - (Split Precinct) TRACT: 010100 BLOCKS: 1007 2000 2001 2002 2003 2004 2005 2006 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 TRACT: 010200 BLOCKS: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1024 1025 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 3000 3001 3002 3020 3021 3022 TRACT: 010300 GEORGIA LAWS 2010 SESSION 4391 BLOCKS: 1002 1003 1004 1005 TRACT: 011900 BLOCKS: 3021 DISTRICT 4 GODFREY 1 - (Split Precinct) TRACT: 010300 BLOCKS: 1007 1008 1009 1010 1058 1059 1062 1069 1073 1074 1075 GODFREY 2 - (Split Precinct) TRACT: 012900 BLOCKS: 2011 GODFREY 3 - (Split Precinct) TRACT: 010400 BLOCKS: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2022 2023 2024 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 TRACT: 012500 BLOCKS: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3024 3025 3028 3029 3030 3031 3032 3033 TRACT: 012600 BLOCKS: 2006 2017 2018 2019 GODFREY 4 - (Split Precinct) TRACT: 012600 4392 MUNICIPAL HOME RULE ORDINANCES BLOCKS: 3030 TRACT: 012700 BLOCKS: 2006 2007 2010 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 TRACT: 012800 BLOCKS: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 TRACT: 012900 BLOCKS: 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 2005 2006 2007 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2029 2030 2031 TRACT: 013900 BLOCKS: 1180 1182 1183 1184 GODFREY 6 - (Split Precinct) TRACT: 012500 BLOCKS: 3020 3021 3022 3023 TRACT: 012600 BLOCKS: 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 1028 2027 2028 2030 2031 2032 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 3026 3028 3029 3031 3032 3042 3043 TRACT: 012700 BLOCKS: 1016 1017 1018 2000 2001 2002 2003 2004 2005 2008 2009 2011 2012 TRACT: 013202 BLOCKS: 2010 2011 GEORGIA LAWS 2010 SESSION 4393 VINEVILLE 3 - (Split Precinct) TRACT: 012200 BLOCKS: 1014 TRACT: 012300 BLOCKS: 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 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 3019 3021 3022 3027 3028 3029 3030 3031 3035 3036 3039 3040 3041 3042 3043 3044 3045 3046 3047 TRACT: 012400 BLOCKS: 1024 TRACT: 012500 BLOCKS: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 2000 2001 2002 2003 2004 2008 2009 2012 2013 2014 VINEVILLE 4 TRACT: 012400 BLOCKS: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 3000 3001 3002 3003 3004 3005 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 TRACT: 012500 BLOCKS: 2005 2006 2007 2010 2011 2015 - TRACT: 013201 BLOCKS: 1005 VINEVILLE 5 - (Split Precinct) TRACT: 012200 4394 MUNICIPAL HOME RULE ORDINANCES BLOCKS: 2021 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2052 2053 2055 2056 TRACT: 012400 BLOCKS: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1015 1016 1017 1018 1019 1020 1021 1022 1023 1025 1026 1027 1028 DISTRICT 5 GODFREY 1 TRACT: 010200 BLOCKS: 3019 HOWARD 1 TRACT: 012101 BLOCKS: 1000 1001 1004 1008 1011 1012 1013 1014 1015 1016 1017 1018 1020 1021 1022 1023 1024 1026 1027 1028 1029 1030 1031 1032 1039 1040 1041 1042 1043 1044 1045 1046 1051 TRACT: 012102 BLOCKS: 2016 2028 2030 2031 2032 TRACT: 012200 BLOCKS: 2058 TRACT: 013410 BLOCKS: 1012 1013 1018 1019 1021 1033 1034 1037 1038 2006 2029 2030 2031 2032 2033 2034 2045 2048 2049 2050 2051 2052 2053 2054 2055 HOWARD 2 - (Split Precinct) TRACT: 013410 BLOCKS: 2004 2047 HOWARD 3 TRACT: 013407 GEORGIA LAWS 2010 SESSION 4395 BLOCKS: 2040 TRACT: 013411 BLOCKS: 1052 HOWARD 4 TRACT: 011800 BLOCKS: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 4003 4005 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 TRACT: 012000 BLOCKS: 3015 3016 3021 3022 TRACT: 012200 BLOCKS: 1000 HOWARD 5 TRACT: 011900 BLOCKS: 2000 2001 2005 TRACT: 012000 BLOCKS: 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1022 1023 1024 1025 1026 1027 1028 1030 1031 1032 1033 2004 2005 2008 2012 2013 2014 2015 2016 2017 2018 2019 2021 2022 2023 2024 TRACT: 012102 BLOCKS: 3002 HOWARD 6 TRACT: 012102 BLOCKS: 1002 1003 1004 1006 1018 1022 1023 1024 1035 1008 1025 1009 1026 1011 1027 1014 1028 1015 1029 1016 1030 1017 1034 4396 MUNICIPAL HOME RULE ORDINANCES TRACT: 013407 BLOCKS: 1021 1022 1025 1026 2021 2022 2023 3008 1027 3009 1028 1029 1035 1036 1037 1038 HOWARD 7 TRACT: 012102 BLOCKS: 2000 2001 2002 2003 2006 2008 2012 2013 2014 2015 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2029 2033 2034 2035 2036 2037 2038 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 TRACT: 013408 BLOCKS: 2021 2022 2023 2024 TRACT: 013410 BLOCKS: 1028 HOWARD 8 TRACT: 012202 BLOCKS: 2009 TRACT: 013407 BLOCKS: 1024 1030 3010 VINEVILLE 2 - (Split Precinct) TRACT: 010200 BLOCKS: 3003 3004 3005 VINEVILLE 3 - (Split Precinct) TRACT: 012200 BLOCKS: 1008 1009 1010 1011 1012 TRACT: 012300 BLOCKS: 2000 3013 3014 3015 3016 3017 3018 3020 3023 3024 3025 3026 3032 3033 3034 3037 3038 GEORGIA LAWS 2010 SESSION 4397 VINEVILLE 5 - (Split Precinct) TRACT: 012200 BLOCKS: 2000 2001 2002 2003 2004 2025 2026 2027 2028 2029 2015 2054 2017 2018 2022 2023 2024 VINEVILLE 6 TRACT: 011800 BLOCKS: 4000 4001 4002 4004 4006 4007 TRACT: 012000 BLOCKS: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3017 3018 3019 3020 3023 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 VINEVILLE 7 TRACT: 010200 BLOCKS: 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 TRACT: 011800 BLOCKS: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 3014 3015 3016 3017 3018 3019 3020 3021 TRACT: 012200 BLOCKS: 1001 1002 1003 1004 1005 1006 1007 1013 VINEVILLE 8 - (Split Precinct) TRACT: 011900 BLOCKS: 2002 2003 2004 2006 2007 3004 2008 2009 2010 2011 2017 2018 Section 2. The reapportionment of council election districts provided in this Ordinance shall be effective for the election of members to the council at the next regular general municipal election, provided U.S. Justice Department pre-clearance is obtained prior to the beginning 4398 MUNICIPAL HOME RULE ORDINANCES of qualifying on June 6, 2011. In the event pre-clearance is not obtained by that date, this Ordinance shall not be effective until after the date of the next general municipal election. Section 3. The sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable, and if any phrase clause, sentence, paragraph or section of this Ordinance shall be declared illegal by the valid judgement or decree of any court of competent jurisdiction, such illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance. Section 4. All ordinances or parts thereof in conflict with this Ordinance are hereby repealed. AFFIDAVIT I, Tina Pauldo-Hart, in my capacity as Sales Assistant of the newspaper The Telegraph in Macon, Georgia hereby certify that the G%ROP/GPreprinted Inserts (choose one) for City of Macon Public Notice was inserted in the above newspaper on 5-2-11. s/ TINA PAULDO-HART Signature of Person Making Affidavit Subscribed and sworn to before me in the County of Bibb in the State of Georgia, on this 3rd day of May, 2011. s/ JOYCE HOLMES Notary Public Signature 12-7-13 Commission Expires (SEAL) AFFIDAVIT I, Tina Pauldo-Hart, in my capacity as Sales Assistant of the newspaper The Telegraph in Macon, Georgia hereby certify that the G%ROP/G Preprinted Inserts (choose one) for City of Macon Public Notice was inserted in the above newspaper on 4-25-11. s/ TINA PAULDO-HART Signature of Person Making Affidavit GEORGIA LAWS 2010 SESSION 4399 Subscribed and sworn to before me in the County of Bibb in the State of Georgia, on this 3rd day of May, 2011. s/ JOYCE HOLMES Notary Public Signature 12-7-13 Commission Expires (SEAL) AFFIDAVIT I, Tina Pauldo-Hart, in my capacity as Sales Assistant of the newspaper The Telegraph in Macon, Georgia hereby certify that the G%ROP/GPreprinted Inserts (choose one) for City of Macon Public Notice was inserted in the above newspaper on 4-18-11. s/ TINA PAULDO-HART Signature of Person Making Affidavit Subscribed and sworn to before me in the County of Bibb in the State of Georgia, on this 3rd day of May, 2011. s/ JOYCE HOLMES Notary Public Signature 12-7-13 Commission Expires (SEAL) PUBLIC NOTICE The City of Macon proposes to amend Appendix IV of its Charter so as to reapportion the districts from which members will be elected to City Council beginning with the next general municipal election. The proposed charter amendment is available for public inspection in the Office of the City Clerk and the Office of the Bibb County Superior Court Clerk. Filed in the Office of the Secretary of State May 6, 2011. _________ 4400 MUNICIPAL HOME RULE ORDINANCES CITY OF ST. MARYS MAYOR; CITY MANAGER; DUTIES. ST. MARYS CITY COUNCIL ST. MARYS, GEORGIA At regular meetings of the St. Marys City Council, held in the St. Marys City Hall, St. Marys, Georgia: First Adoption April 18, 2011 Second Adoption May 2, 2011 Present: William DeLoughy, Mayor Greg Bird, Councilman, Post 1 Deborah Hase, Councilwoman, Post 2 Chuck Trader, Councilman, Post 3 Keith Post, Councilman, Post 4 John Morrissey, Councilman, Post 5 Sidney Howell, Councilman, Post 6 On motion of Councilmember Hase, which carried unanimously, the following Charter amendment was adopted: A HOME RULE AMENDMENT TO THE ST. MARYS CITY CHARTER, GA. LAWS 1981, PAGE 4763, AS AMENDED, PURSUANT TO AUTHORITY CONFERRED BY THE STATE OF GEORGIA IN O.C.G.A. 36-35-3 IN ACCORDANCE WITH ARTICLE 9, SECTION 2, PARAGRAPH II OF THE GEORGIA CONSTITUTION, TO AMEND SECTION 4-204 OF THE ST. MARYS CITY CHARTER, GA. LAWS 1981, PAGE 4763, AS AMENDED, TO REPEAL THE REQUIREMENT THAT THE MAYOR SERVE AS ACTING CITY MANAGER AND FOR OTHER PURPOSES. BE IT ORDAINED, by the St. Marys City Council, this 2nd day of May, 2011 that the St. Marys City Charter, Ga. Laws 1981, page 4763, as amended, be and it is hereby amended to change Section 4-204. The amended section will read as follows: Section 4-204. City manager; appointment; qualifications; duties; compensation. (a) A city manager shall be appointed by a majority vote of all councilmembers for a term set by contract with the city manager. GEORGIA LAWS 2010 SESSION 4401 (b) The city manager shall be chosen solely on the basis of executive, administrative, and managerial qualifications with special reference to actual experience in or knowledge of accepted practices in respect to the duties of the office hereinafter set forth. At the time of appointment, the city manager need not be a resident of the city or the state but during the tenure of office shall reside within the geographical limits of the 29th District, G.M., Camden County, Georgia. (c) No councilmember shall receive this appointment during the term for which the member was elected nor within one year after the expiration of that term. (d) The mayor and council may remove the city manager by such procedure as may be set out in the city manager's contract with the city. (e) (Repealed) (f) The city manager shall: (1) Be the chief administrative officer of the city; (2) Be responsible to the mayor and council for the proper administration of all affairs of the city; (3) Appoint and, when necessary for the good of the city, suspend or remove all officers and employees of the city except as otherwise provided by state law, this Charter, or personnel ordinances of the city; (4) Be authorized to delegate the appointment and removal powers in paragraph (3) above to each department head of the city for that department; (5) Prepare and submit an operating and capital improvements budget annually to the mayor and council; (6) Prepare and submit to the mayor and council, at the end of each fiscal year, a report on the administrative and financial activities of the city for the preceding year; (7) Make any other reports on the operation of any aspect of the city operation as the mayor and council may request by motion; and (8) Perform any other duties and exercise any other powers as directed by ordinance consistent with this Charter and state law. (g) The city manager shall appoint and remove all department heads with the consent of the mayor and council adopted by motion and may personally serve as department head of any and all departments. (h) The city manager shall enter into contracts only with the consent of the mayor and council adopted by motion or as authorized by ordinance. This Amendment shall become effective upon its second passage. ST. MARYS CITY COUNCIL ST. MARYS, GEORGIA s/ W. T. DELOUGHY BILL DELOUGHY, MAYOR 4402 ATTEST: MUNICIPAL HOME RULE ORDINANCES s/ DARLENE M. ROELLIG DARLENE ROELLIG, CITY CLERK CITY OF ST. MARYS, GEORGIA AFFIDAVIT OF PUBLICATION STATE OF GEORGIA COUNTY OF CAMDEN Personally appeared before the undersigned, Jill B. Helton, who having been duty sworn on oath that she is the Publisher of the Tribune & Georgian, and that the following legal advertisement were published in the Tribune & Georgian on the following dates: Notice of Home Rule Amendment to the St. Marys City Charter Dates Published: March 30, April 8 & 13, 2011 s/ JILL B. HELTON Affiant Sworn to and subscribed before me this 4th day of May, 2011. s/ Lisa A. Petty Notary Public My Commission Expires: 02/04/2014 NOTICE OF HOME RULE AMENDMENT TO THE ST. MARYS CITY CHARTER Notice is hereby given that the St. Marys City Council is considering an amendment to Section 4-204 (e) of the St. Marys City Charter, Ga. Laws 1981, page 4763, as amended. The second reading of the Charter Amendment shall be on May 2, 2011. The St. Marys City Council may vote on the amendment at that time. The amendment is for the purpose of repealing the requirement that the Mayor serve as Acting City Manager during the temporary absence or disability of the City Manager as now provided in Section 4-204 (e) of the St. Marys City Charter, Ga. Laws 1981, page 4763, as amended. GEORGIA LAWS 2010 SESSION 4403 A copy of the proposed amendment is on file and available for public inspection in the Office of the Clerk of the City of St. Marys and in the Office of the Clerk of the Camden County Superior Court. The Clerk of the City of St. Marys shall furnish anyone, upon written request, a copy of the proposed amendment. Darlene Roellig Clerk, City of St. Marys 418 Osborne Street St. Marys, Georgia 31558 Filed in the Office of the Secretary of State May 10, 2011.