ACTS AND RESOLUTIONS OF THE
GENERAL ASSEMBLY
OF THE STATE OF GEORGIA
2012
COMPILED AND PUBLISHED BY AUTHO RITY O F THE STATE
Volume Two Book Two

COMPILER'S NOTE
General Acts and Resolutions of the 2012 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 2011- 2012 and the Appropriations Act for FY 2012-2013 will be found in the Volume One 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 June 1, 2011, and May 30, 2012, are printed in Volume Two beginning at pages 5687 and 5709, respectively.
There are no numbered pages between page 1366, the last page of Volume One, Book Two, and page 3501, the first page of Volume Two. This allows both volumes to be prepared simultaneously. Because of the number of pages in the volumes, Volume One has been divided into two books plus an appendix, and Volume Two has been divided into two books. The only page numbers in the Volume One Appendix 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Annotated which they amend and the tabular index contains a list of Code sections which have been amended, enacted, or repealed.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 2012
TABLE OF CONTENTS
VOLUME ONE
Acts and Resolutions of General Application .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Supplementary Appropriations Act for FY 2012.. . . . . . . . . . . . . . . . . . . . . . Appendix General Appropriations Act for FY 2013. . . . . . . . . . . . . . . . . . . . . . . . . . . . Appendix
VOLUME TWO
Acts and Resolutions of Local Application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3501 County and Consolidated Government Home Rule Actions. . . . . . . . . . . . . . . . . . 5687 Municipal Home Rule Actions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5709
VOLUME THREE
Acts by Numbers-Page References. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1A Bills and Resolutions-Act Number References. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6A Index-Tabular.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13A Index-General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51A Population of Georgia Counties-Alphabetically. . . . . . . . . . . . . . . . . . . . . . . . . . . 106A Population of Georgia Counties-Numerically. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110A Population of Municipalities-Alphabetically. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115A Population of Municipalities-Numerically.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123A Population of Judicial Circuits.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131A Georgia Senate Districts, Alphabetically by County. . . . . . . . . . . . . . . . . . . . . . . . 136A Georgia Senators, Numerically by District. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138A Georgia House Districts, Alphabetically by County. . . . . . . . . . . . . . . . . . . . . . . . 142A Georgia Representatives, Numerically by District.. . . . . . . . . . . . . . . . . . . . . . . . . 144A Status of Referendum Elections.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154A Vetoes by the Governor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 385A State Auditor's Report in Funding of Retirement Bills. . . . . . . . . . . . . . . . . . . . . . 395A Legislative Services Committee and Staff.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 397A

4668

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

JEFF DAVIS COUNTY BOARD OF EDUCATION; REDISTRICTING.

No. 446 (House Bill No. 1253).

AN ACT

To amend an Act providing for the election of members of the Board of Education of Jeff Davis County, approved March 27, 1972 (Ga. L. 1972, p. 2760), as amended, particularly by an Act approved May 6, 2005 (Ga. L. 2005, p. 3902), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act providing for the election of members of the Board of Education of Jeff Davis County, approved March 27, 1972 (Ga. L. 1972, p. 2760), as amended, particularly by an Act approved May 6, 2005 (Ga. L. 2005, p. 3902), is amended by revising subsection (b) of Section 1 as follows:
"(b)(1) For purposes of electing members of the board of education, other than the two members who are elected at large, the Jeff Davis County School District is divided into five education districts. One member of the board shall be elected from each such district. The five education districts shall be and correspond to those five numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: jeffdavisccsb-2012 Plan Type: local Administrator: jeff davis User: bak'. (2) As used in such attachment, the term 'VTD' (voting tabulation district) 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. (3) The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. Any part of the Jeff Davis County School District which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (4) Any part of the Jeff Davis County School District which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall

GEORGIA LAWS 2012 SESSION

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instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (5) Except as otherwise provided in the description of any district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2010 for the State of Georgia."

SECTION 2. The Board of Education of Jeff Davis County which existed on December 31, 2012, is continued in existence but on and after January 1, 2013, shall be constituted as provided in this Act. The Board of Education of Jeff Davis County so continued and constituted, sometimes referred to in this Act as the "board," shall continue to have the powers, duties, rights, obligations, and liabilities of that board as existed immediately prior to January 1, 2013.

SECTION 3. The Board of Education of Jeff Davis 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, no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 2012, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date, this Act shall be void and stand repealed in its entirety.

SECTION 4. The provisions of this Act relating to and necessary for the regular election in 2012 of members of the Board of Education of Jeff Davis County shall become effective upon its approval by the Governor or upon its becoming effective without such approval; and this Act shall otherwise become effective January 1, 2013.

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

Plan: jeffdavisccsb-2012 Plan Type: local Administrator: jeff davis User: bak

4670

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

District 001 Jeff Davis County VTD: 161100 - HAZLEHURST

District 002 Jeff Davis County VTD: 161201 - ALTAMAHA 1 VTD: 161202 - ALTAMAHA 2

District 003 Jeff Davis County VTD: 161301 - BLACKBURN 1 960100: 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 3060 3061 3062 3093 3094 3095 3144 4042 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4071 4073 4074 4075 4076 4077 4078 4079 4080 4081 4082 4086 4088 4089 4090 4091 4092 4093 4094 4095 4096 4097 4098 4099 4100 4101 4102 4103 4104 5008 5027 5028 5043 5044 5045 5046 5047 5048 5049 5050 5051 5057 5058 5065 VTD: 161302 - BLACKBURN 2

District 004 Jeff Davis County VTD: 161301 - BLACKBURN 1 960100: 5002 5003 5004 5005 5007 5018 5019 5021 5029 5030 5063 5064 VTD: 161401 - WHITEHEAD 1 VTD: 161402 - WHITEHEAD 2 960300: 1026 1029 1030 1031 1032 1034 1035 1036 1037 1038 1039 1040 1053 1054 1055 1056 1061 1062 1063 1068 1073 1074 1075 1076 1077 1080 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1095 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2021 2022 2023 2024 2025 2026 2027 2028 2031 2032 2033 2034 2037 2038 2039 2040 2041 2042 2043 2044 2045 2061 2062 2063 2064 2065 2066 2067 2068

GEORGIA LAWS 2012 SESSION
2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2125 2126 2127 2128 2129 2130 2131 2132 2133 2134 2135 2136 2137 2138 2139 2140 2141 2142 2143 2144 2145 2146 2147 2148 2149 2150 2151 2152 2153 2154 2155 2156 2157 2158 2159 2160 2161 2162 2163 2164 2165 2166 2167 2168 2169 2170 2171 2172 2173 2174 2175 2176 2177 2178 2179 2180 2187 2188 2189
District 005 Jeff Davis County VTD: 161402 - WHITEHEAD 2 960300: 1057 1058 1069 1070 1071 1072 1078 1079 1081 1082 1094 VTD: 161501 - OCMULGEE 1 VTD: 161502 - OCMULGEE 2

4671

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the 2012 Session of the General Assembly of Georgia a bill to provide for the reapportionment of the education election districts for the Jeff Davis County Board of Education, and for other purposes.
This 13th day of February, 2012.
Lula Mae Perry Lula Mae Perry, Superintendent Jeff Davis County School District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommy Smith, who on oath deposes and says that he is the Representative from District 168 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Jeff Davis Ledger which is the official organ of Jeff Davis County on February 15, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

4672

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
s/ TOMMY SMITH Tommy Smith Representative, District 168

Sworn to and subscribed before me, this 12th day of March 2012.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2015 (SEAL)

Approved April 4, 2012.

__________

JEFF DAVIS COUNTY BOARD OF COMMISSIONERS; REDISTRICTING.

No. 447 (House Bill No. 1254).

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 May 6, 2005 (Ga. L. 2005, p. 3896), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act 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 May 6, 2005 (Ga. L. 2005, p. 3896), is amended in subsection (a) of Section 1A by revising paragraphs (3) and (4) and by adding new paragraphs to read as follows:
"(3) For purposes of electing members of the board of commissioners, Jeff Davis County is divided into five commissioner districts. One member of the board shall be elected from each such district by majority vote of the qualified voters residing within such commissioner district. The five commissioner districts shall be and correspond to those

GEORGIA LAWS 2012 SESSION

4673

five numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: jeffdavisccsb-2012 Plan Type: local Administrator: jeff davis User: bak'. (4) As used in such attachment, the term 'VTD' (voting tabulation district) 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. (5) The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. Any part of Jeff David County which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (6) Any part of Jeff Davis 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 2010 for the State of Georgia. (7) Except as otherwise provided in the description of any district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2010 for the State of Georgia."

SECTION 2. The Board of Commissioners of Jeff Davis County which existed on December 31, 2012, is continued in existence but on and after January 1, 2013, shall be constituted as provided in this Act. The Board of Commissioners of Jeff Davis County so continued and constituted, sometimes referred to in this Act as the "board," shall continue to have the powers, duties, rights, obligations, and liabilities of that board as existed immediately prior to January 1, 2013.

SECTION 3. The Board of Commissioners of Jeff Davis 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, no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 2012, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date, this Act shall be void and stand repealed in its entirety.

4674

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 4. The provisions of this Act relating to and necessary for the regular election in 2012 of members of the Board of Commissioners of Jeff Davis County shall become effective upon its approval by the Governor or upon its becoming effective without such approval; and this Act shall otherwise become effective January 1, 2013.

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

Plan: jeffdavisccsb-2012 Plan Type:local Administrator:jeff davis User: bak

District 001 Jeff Davis County VTD: 161100 - HAZLEHURST

District 002 Jeff Davis County VTD: 161201 - ALTAMAHA 1 VTD: 161202 - ALTAMAHA 2

District 003 Jeff Davis County VTD: 161301 - BLACKBURN 1 960100: 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 3060 3061 3062 3093 3094 3095 3144 4042 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4071 4073 4074 4075 4076 4077 4078 4079 4080 4081 4082 4086 4088 4089 4090 4091 4092 4093 4094 4095 4096 4097 4098 4099 4100 4101 4102 4103 4104 5008 5027 5028 5043 5044 5045 5046 5047 5048 5049 5050 5051 5057 5058 5065 VTD: 161302 - BLACKBURN 2

GEORGIA LAWS 2012 SESSION
District 004 Jeff Davis County VTD: 161301 - BLACKBURN 1 960100: 5002 5003 5004 5005 5007 5018 5019 5021 5029 5030 5063 5064 VTD: 161401 - WHITEHEAD 1 VTD: 161402 - WHITEHEAD 2 960300: 1026 1029 1030 1031 1032 1034 1035 1036 1037 1038 1039 1040 1053 1054 1055 1056 1061 1062 1063 1068 1073 1074 1075 1076 1077 1080 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1095 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2021 2022 2023 2024 2025 2026 2027 2028 2031 2032 2033 2034 2037 2038 2039 2040 2041 2042 2043 2044 2045 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2125 2126 2127 2128 2129 2130 2131 2132 2133 2134 2135 2136 2137 2138 2139 2140 2141 2142 2143 2144 2145 2146 2147 2148 2149 2150 2151 2152 2153 2154 2155 2156 2157 2158 2159 2160 2161 2162 2163 2164 2165 2166 2167 2168 2169 2170 2171 2172 2173 2174 2175 2176 2177 2178 2179 2180 2187 2188 2189
District 005 Jeff Davis County VTD: 161402 - WHITEHEAD 2 960300: 1057 1058 1069 1070 1071 1072 1078 1079 1081 1082 1094 VTD: 161501 - OCMULGEE 1 VTD: 161502 - OCMULGEE 2

4675

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is hereby given that a bill to provide for the reapportionment of the Jeff Davis County election districts will be introduced at the 2012 session of the General Assembly of Georgia.

4676

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

This 13th day of February, 2012.

RAY WOOTEN Chairman, Jeff Davis County Commissioners

SHERRI LYTLE Clerk, Jeff Davis County Commissioners

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 February 15, 2012, 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 12th day of March 2012.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2015 (SEAL)

Approved April 4, 2012.

__________

CATOOSA COUNTY BOARD OF EDUCATION; REDISTRICTING.

No. 448 (House Bill No. 1262).

AN ACT

To amend an Act to reconstitute the Board of Education of Catoosa County, Georgia, approved March 30, 1993 (Ga. L. 1993, p. 4258), as amended, particularly by an Act

GEORGIA LAWS 2012 SESSION

4677

approved May 6, 2005 (Ga. L. 2005, p. 4005), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to reconstitute the Board of Education of Catoosa County, Georgia, approved March 30, 1993 (Ga. L. 1993, p. 4258), as amended, particularly by an Act approved May 6, 2005 (Ga. L. 2005, p. 4005), is amended by revising subsections (c) and (d) of Section 2 as follows:
"(c) For the purposes of determining eligibility of candidates to run for a seat on the board of education, the Catoosa County School District shall be constituted of five education districts. Education Districts 1, 2, 3, and 4 shall be and correspond to those four numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: catsbcc-2012 Plan Type: Local Administrator: Catoosa User: SE'. Education District 5 shall be comprised of the entire geographic area of the Catoosa County School District.
(d)(1) For the purposes of such plan: (A) The term 'VTD' 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. The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; and (B) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia.
(2) Any part of the Catoosa County School District which is not included in any district described in subsection (c) of this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (4) Any part of the Catoosa County School District which is described in subsection (c) of this section as being included 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 2010 for the State of Georgia."

4678

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 2. (a) Those members of the Board of Education of Catoosa County who are serving as such on the effective date of this Act and any person selected to fill a vacancy in any such office shall continue to serve as such members until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors. (b) Education Districts 1, 2, 3, and 4, as they exist immediately prior to the effective date of this Act, shall continue to be designated as Education Districts 1, 2, 3, and 4, respectively, but as newly described under this Act, and on and after the effective date of this Act, such members of the board serving from those former education districts shall be deemed to be serving from and representing their respective districts as newly described under this Act.

SECTION 3. The Board of Education of Catoosa 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, not later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.

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

Plan: catsbcc-2012 Plan Type: Local Administrator: Catoosa User: SE

District 001 Catoosa County VTD: 047CHAM - CHAMBERS VTD: 047FTO - FT OGLETHORPE VTD: 047LAKE - LAKEVIEW VTD: 047WDST - WOODSTATION 030303: 1025 1026 1027 1028 1029 1030 1031 1032 1034 1036 1037 1038 1039 1040 1041 1044

District 002 Catoosa County VTD: 047BOYN - BOYNTON VTD: 047DPK - DUNCAN PARK VTD: 047WEST - WESTSIDE

GEORGIA LAWS 2012 SESSION
District 003 Catoosa County VTD: 047GRAY - GRAYSVILLE VTD: 047RING - RINGGOLD
District 004 Catoosa County VTD: 047BLCK - BLACKSTOCK VTD: 047CAKT - CATOOSA KEITH VTD: 047POPS - POPLAR SPRINGS VTD: 047WDST - WOODSTATION 030303: 1042 1043 030304: 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 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 030401: 1022 1025 1026 1027 1029

4679

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2012 session of the General Assembly of Georgia a bill to amend an Act to reconstitute the Board of Education of Catoosa County, Georgia, approved March 30, 1993 (Ga. L. 1993, p. 4258), as amended, particularly by an Act approved May 6, 2005 (Ga. L. 2005, p. 4005), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Representative Tom Weldon District 3

4680

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Weldon, who on oath deposes and says that he is the Representative from District 3 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Catoosa County News which is the official organ of Catoosa County on March 7, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

s/ TOM WELDON Tom Weldon Representative, District 3

Sworn to and subscribed before me, this 12th day of March 2012.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires Aug. 14, 2015 (SEAL)

Approved April 4, 2012.

__________

CATOOSA COUNTY BOARD OF COMMISSIONERS; REDISTRICTING.

No. 449 (House Bill No. 1263).

AN ACT

To amend an Act creating the office of commissioner of Catoosa County, approved February 23, 1943 (Ga. L. 1943, p. 858), as amended, particularly by an Act approved May 6, 2005 (Ga. L. 2005, p. 4011), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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4681

SECTION 1. An Act creating the office of commissioner of Catoosa County, approved February 23, 1943 (Ga. L. 1943, p. 858), as amended, particularly by an Act approved May 6, 2005 (Ga. L. 2005, p. 4011), is amended by revising Section 2 as follows:

"SECTION 2. (a) For the purpose of electing members of the board of commissioners, Catoosa County shall be divided into five commissioner districts. Commissioner Districts 1, 2, 3, and 4 shall be and correspond to those four numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: catsbcc-2012 Plan Type: Local Administrator: Catoosa User: SE'. Commissioner District 5 shall be comprised of the entire geographic area of Catoosa County.
(b)(1) For the purposes of such plan: (A) The term 'VTD' 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. The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; and (B) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia.
(2) Any part of Catoosa County which is not included in any district described in subsection (a) of this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (3) Any part of Catoosa County which is described in subsection (a) of this section as being included 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 2010 for the State of Georgia."

SECTION 2. (a) Those members of the Board of Commissioners of Catoosa County who are serving as such on the effective date of this Act and any person selected to fill a vacancy in any such office shall continue to serve as such members until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors. (b) Commissioner Districts 1, 2, 3, and 4, as they exist immediately prior to the effective date of this Act, shall continue to be designated as Commissioner Districts 1, 2, 3, and 4,

4682

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

respectively, but as newly described under this Act, and on and after the effective date of this Act, such members of the board serving from those former commissioner districts shall be deemed to be serving from and representing their respective districts as newly described under this Act.

SECTION 3. The Board of Commissioners of Catoosa 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, not later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.

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

Plan: catsbcc-2012 Plan Type: Local Administrator: Catoosa User: SE

District 001 Catoosa County VTD: 047CHAM - CHAMBERS VTD: 047FTO - FT OGLETHORPE VTD: 047LAKE - LAKEVIEW VTD: 047WDST - WOODSTATION 030303: 1025 1026 1027 1028 1029 1030 1031 1032 1034 1036 1037 1038 1039 1040 1041 1044

District 002 Catoosa County VTD: 047BOYN - BOYNTON VTD: 047DPK - DUNCAN PARK VTD: 047WEST - WESTSIDE

District 003 Catoosa County VTD: 047GRAY - GRAYSVILLE VTD: 047RING - RINGGOLD

GEORGIA LAWS 2012 SESSION
District 004 Catoosa County VTD: 047BLCK - BLACKSTOCK VTD: 047CAKT - CATOOSA KEITH VTD: 047POPS - POPLAR SPRINGS VTD: 047WDST - WOODSTATION 030303: 1042 1043 030304: 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 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 030401: 1022 1025 1026 1027 1029

4683

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is hereby given that there will be introduced at the 2012 regular session of the general assembly of Georgia legislation to amend the Act creating the Office of Commissioner of Catoosa County, approved February 23, 1943 (Ga. L. 1943, p.858), so as to reapportion and to change the composition and manner of election of the Board of Commissioners of Catoosa County, and for other purposes.
This 26th day of January, 2012.
Clifton M. Patty, Jr. County Attorney
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Weldon, who on oath deposes and says that he is the Representative from District 3 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Catoosa County News which is the official organ of Catoosa County on February 1, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

4684

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
s/ TOM WELDON Tom Weldon Representative, District 3

Sworn to and subscribed before me, this 12th day of March 2012.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires Aug. 14, 2015 (SEAL)

Approved April 4, 2012.

__________

CITY OF DOUGLASVILLE CITY COUNCIL; REDISTRICTING.

No. 450 (House Bill No. 1264).

AN ACT

To amend an Act to provide a new charter for the City of Douglasville, approved April 16, 1999 (Ga. L. 1999, p. 4559), as amended, so as to change the description of the election districts; to provide for definitions and inclusions; to provide for manner of election; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to provide a new charter for the City of Douglasville, approved April 16, 1999 (Ga. L. 1999, p. 4559), as amended, is amended by revising Section 2.10 as follows:

"SECTION 2.10. City council creation; number; election; districts. (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 seven councilmembers. The mayor shall be elected at large by the electors of the city. Councilmembers shall be elected from five districts by the electors of their respective

GEORGIA LAWS 2012 SESSION

4685

districts. One councilmember shall be elected from each of Districts 1, 4, and 5; and two councilmembers shall be elected from each of Districts 2 and 3. The city council established in this charter shall in all respects be a successor to and continuation of the city governing authority under prior law. The mayor and councilmembers shall be elected in the manner provided by general law and this charter. (b) For the purpose of electing councilmembers, the City of Douglasville shall be divided into five districts. Those districts shall be and correspond to those five numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: douglasvillecity-2012 Plan Type: local Administrator: douglasville city User: bak'. (c) For the purposes of such plan:
(1) The term 'VTD' 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. The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; and (2) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia. (d) Any part of the City of Douglasville which is not included in any district described in subsection (b) of this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (e) Any part of the City of Douglasville which is described in subsection (b) of this section as being included 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 2010 for the State of Georgia."

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

"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 councilmembers from Wards 4 and 5 and Ward 2, Post 2, at the election held in 2015 and at every other election thereafter. The remaining councilmembers' seats shall be filled at the election held in 2013 and at every other election thereafter so that a continuing body is created."

4686

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 3. (a) Those members of the city council of the City of Douglasville who are serving as such on the effective date of this Act and any person selected to fill a vacancy in any such office shall continue to serve as such members until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors.
(b)(1) On and after the effective date of this Act, the councilmember serving from former Ward 1 shall be deemed to be serving from and representing newly described Ward 1. (2) On and after the effective date of this Act, the councilmember serving from former Ward 2 shall be deemed to be serving from and representing newly described Ward 2, Post 1. (3) On and after the effective date of this Act, the councilmember serving from former Ward 3, Post 1, shall be deemed to be serving from and representing newly described Ward 3, Post 1. (4) On and after the effective date of this Act, the councilmember serving from former Ward 3, Post 2, shall be deemed to be serving from and representing newly described Ward 3, Post 2. (5) On and after the effective date of this Act, the councilmember serving from former Ward 4 shall be deemed to be serving from and representing newly described Ward 2, Post 2. (6) On and after the effective date of this Act, the councilmember serving from former Ward 5, Post 1, shall be deemed to be serving from and representing newly described Ward 5. (7) On and after the effective date of this Act, the councilmember serving from former Ward 5, Post 2, shall be deemed to be serving from and representing newly described Ward 4.

SECTION 4. The governing authority of the City of Douglasville 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, not later than 90 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.

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

Plan: douglasvillecity-2012 Plan Type: local Administrator: douglasville city User:bak

GEORGIA LAWS 2012 SESSION
District Ward 1 Douglas County VTD: 0971259 - WINSTON 080403: 2019 VTD: 097730 - DOUGLASVILLE 080304: 2055 VTD: 097733 - ARBOR STATION 080508: 1001 1002 1003 1004 1005 1006 1007 1011 1012 1013 1014 1015 1016 1017 1018 1021 1023 2000 2001 2002 2004 2005 2006 3002 VTD: 097734 - BRIGHT STAR 080505: 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1044 VTD: 097738 - ST JULIANS 080508: 3003 3019 VTD: 097739 - LUTHERAN CHURCH 080509: 2003 2018 VTD: 097740 - FIRST BAPTIST CHURCH 080603: 1017 1018 1024
District Ward 2 Douglas County VTD: 0971273 - TURNER 080202: 3036 3037 VTD: 0971275 - LITHIA HIGH SCHOOL 080202: 2002 2003 2010 VTD: 0971276 - DEER LICK 080202: 1001 VTD: 097730 - DOUGLASVILLE 080303: 1002 1003 1008 1009 1010 1011 1012 1016 1017 1019 1020 1022 1023 1029 1030 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1055 1056 1057 1058 1059 1060 1061 1062 1063

4687

4688

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

080304: 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1025 1026 1027 1028 2002 2003 2004 2005 2006 2007 2008 2009 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2031 2032 2033 2034 2035 2036 2037 2038 2039 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2057 2058 2067 2068 VTD: 097731 - BEULAH 080201: 3018 3020 3022 080301: 3000 3005 4021 VTD: 097737 - CHESTNUT LOG 080603: 2010 2011 2016 2022 2028 2029 2045 2049 2051 2052 2053 2054 2055 2056 2057 2059 2060 2061 2067 VTD: 097740 - FIRST BAPTIST CHURCH 080603: 2002 2009 2012 2014 2015 2033 2034 2035 2064 2066

District Ward 3 Douglas County VTD: 0971259 - WINSTON 080403: 2000 2003 080404: 1010 1027 1040 080505: 1020 1021 VTD: 097729 - GOLDEN METHODIST 080301: 1006 1007 1015 1016 1018 1019 1021 1022 1023 2001 2003 2008 2009 2010 2011 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2035 2036 2037 VTD: 097730 - DOUGLASVILLE 080304: 2000 2001 2010 2011 2012 VTD: 097732 - STEWART 080301: 3004 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3028 3030 3031 3032

GEORGIA LAWS 2012 SESSION
3033 3034 3035 3036 3037 3038 3039 3041 4014 4022 4025 4026 4027 4028 4029
District Ward 4 Douglas County VTD: 097736N - CHAPEL HILL 080510: 3000 VTD: 097737 - CHESTNUT LOG 080603: 1000 1025 VTD: 097739 - LUTHERAN CHURCH 080509: 1000 1001 2004 2006 2008 2010 2012 2014 2015 2020 VTD: 097740 - FIRST BAPTIST CHURCH 080603: 1001 1003 1004 1005 1006 1007 1011 1012 1038 2037 2038 2071 2072 2073
District Ward 5 Douglas County VTD: 0971270 - COLONIAL HILLS 080102: 2003 2006 2012 2013 2016 080103: 3007 3017 3019 3020 VTD: 0971275 - LITHIA HIGH SCHOOL 080102: 2036 2038 2041 2043 2046 2051 2056 2057 2059 2060 2061 2062 2063 2068 2100 2103 2104 2105 2106 2107 2108 2114 2118 2119 2120 2122 2123 2125 2126 080602: 1020 VTD: 097784 - FACTORY SHOALS 080602: 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1018 1019 1021 1022 1025 1027 1029 1044 1045 1046 1047 1048 1049 1050

4689

4690

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 2012 session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Douglasville, approved April 16, 1999 (HB 968), so as to change the district ward boundaries; to change the district ward number assignments; to provide for related matters; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; 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 3, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

s/ BILL HEMBREE Bill Hembree Representative, District 67

Sworn to and subscribed before me, this 13th day of March 2012.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2015 (SEAL)

Approved April 4, 2012.

__________

GEORGIA LAWS 2012 SESSION BACON COUNTY BOARD OF EDUCATION; REDISTRICTING.

4691

No. 451 (House Bill No. 1268).

AN ACT

To amend an Act entitled "An Act to provide for the election of members of the Board of Education of Bacon County," approved February 20, 1976 (Ga. L. 1976, p. 2713), as amended, particularly by an Act approved May 16, 2007 (Ga. L. 2007, p. 3707), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under 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 Bacon County," approved February 20, 1976 (Ga. L. 1976, p. 2713), as amended, particularly by an Act approved May 16, 2007 (Ga. L. 2007, p. 3707), is amended by revising Section 1 as follows:

"SECTION 1. (a) For purposes of electing members of the board of education, each of whom must reside in the district from which the person is to be elected, the Bacon County School District is divided into six education districts. District 1 shall consist of all that territory embraced within the boundaries of Bacon County. Districts 2 through 6 shall be and correspond to those five districts described in and attached to and made a part of this Act and further identified as 'Plan: baconccsb-2012 Plan Type: local Administrator: bacon User: bak'.
(b)(1) When used in such attachment, the term 'VTD' (voting tabulation district) 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. (2) The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. Any part of the Bacon County School District which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(3) Any part of the Bacon County School District which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (4) Except as otherwise provided in the description of any district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2010 for the State of Georgia."

SECTION 2. The Board of Education of Bacon County which exists on December 31, 2012, is continued in existence but on and after January 1, 2013, shall be constituted as provided in this Act. The Board of Education of Bacon County so continued and constituted, sometimes referred to in this Act as the "board," shall continue to have the powers, duties, rights, obligations, and liabilities of that board as existed immediately prior to January 1, 2013.

SECTION 3. The Board of Education of Bacon 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, 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. The provisions of this Act relating to and necessary for the regular election in 2012 of members of the Board of Education of Bacon County shall become effective upon its approval by the Governor or upon its becoming effective without such approval; and this Act shall otherwise become effective January 1, 2013.

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

Plan: baconccsb-2012 Plan Type: local Administrator: bacon User: bak

GEORGIA LAWS 2012 SESSION
District 002 Bacon County VTD: 005DOUGL - DOUGLAS 970100: 1065 1066 2089 2090 2091 2092 2093 2094 970201: 3016 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3077 3078 3079 3080 3088 3089 3090 3095 3096 3097 3098 3099 3100 3101 3106 3108 3109 3110 3111 3112 3113 3114 3115 3116 970202: 1000 1112 1113 1114 1115 1116 2000 2001 2003 2004 2005 2006 2007 2052 2055 2058 2059 2060 2061 3000 3001 3002 3003 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 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
District 003 Bacon County VTD: 005DOUGL - DOUGLAS 970201: 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 1161 1162 1163 1164 1165 1168 1169 1170 1171 1172 1173 1176 1177 1178 1179 1180 1181 1211 1217 1220 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2024 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3017 3018 3019 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3073 3074 3075 3076 3081 3082 3083 3084 3085 3086 3087 3091 3092 3093 3094 3102 3103 3104 3105 3107 3117 970202: 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1083 1084 1085 1086 1087 1088

4693

4694

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

1089 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1110 1111 1186 1187 1189 1190 1191 1197 1199 3004 3005 3016

District 004 Bacon County VTD: 0005NEWL - NEW LACY VTD: 005DOUGL - DOUGLAS 970100: 2074 2087 2088 3101 3102 3103 3104 3105 3106 3107 3121 3122 3123 3124 3129 3130 3131 3132 3133 3134 970201: 3020

District 005 Bacon County VTD: 005DOUGL - DOUGLAS 970202: 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 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1090 1104 1105 1106 1107 1108 1109 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1145 1161 1172 1179 1180 1181 1182 1184 1185 1188 1194 1196 2002 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2025 2026 2053 VTD: 005TAYLO - TAYLOR 970201: 1129 1167 1174 1175 1182 1183 1184 1185 1186 1187 1188 1189 1190 1191 VTD: 005WARE - WARE

District 006 Bacon County VTD: 005DOUGL - DOUGLAS 970100: 3082 3083 3084 3085 3086 3087 3088 3089 3090 3092 3093 3094 3095 3097 3098 3099 3100 3116 3117 3118 3119 3120 3125 3126 3127 3128

GEORGIA LAWS 2012 SESSION
970201: 2003 2023 VTD: 005TAYLO - TAYLOR 970201: 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 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 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1130 1131 1132 1133 1134 1166 1192 1193 1194 1195 1196 1197 1198 1199 1200 1201 1202 1203 1204 1205 1206 1207 1208 1209 1210 1212 1213 1214 1215 1216 1218 1219 1221 2000 2001 2002 2004 2005 2006 2007 2025 VTD: 005WARNO - WARNOCK

4695

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the 2012 Session of the General Assembly of Georgia a bill to provide for the reapportionment of the education election districts for the Bacon County Board of Education, and for other purposes.
This 20th day of February, 2012.
Phillip K. Murphy, Superintendent Bacon County School District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommy Smith, who on oath deposes and says that he is the Representative from District 168 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Alma Times which is the official organ of Bacon County on February 28, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

4696

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
s/ TOMMY SMITH Tommy Smith Representative, District 168

Sworn to and subscribed before me, this 6th day of March 2012.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2015 (SEAL)

Approved April 4, 2012.

__________

BACON COUNTY BOARD OF COMMISSIONERS; REDISTRICTING.

No. 452 (House Bill No. 1269).

AN ACT

To amend an Act to revise and reenact the law creating a Board of Commissioners of Bacon County, approved April 4, 1991 (Ga. L. 1991, p. 4436), as amended, particularly by an Act approved May 16, 2007 (Ga. L. 2007, p. 3718), so as to change the description of the commissioner districts; to define certain terms and provide for certain inclusions; to provide for continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to revise and reenact the law creating a Board of Commissioners of Bacon County, approved April 4, 1991 (Ga. L. 1991, p. 4436), as amended, particularly by an Act approved May 16, 2007 (Ga. L. 2007, p. 3718), is amended by revising subsections (b) and (c) of Section 1 as follows:
"(b) For purposes of electing members of the board other than the chairperson, each of whom must reside in the district from which the person is to be elected, Bacon County is divided into six commissioner districts. District 1 shall consist of all that territory

GEORGIA LAWS 2012 SESSION

4697

embraced within the boundaries of Bacon County. Districts 2 through 6 shall be and correspond to those five districts described in and attached to and made a part of this Act and further identified as 'Plan: baconccsb-2012 Plan Type: local Administrator: bacon User: bak'.
(c)(1) When used in such attachment, the term 'VTD' (voting tabulation district) 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. (2) The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. Any part of Bacon County which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (3) Any part of Bacon County which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (4) Except as otherwise provided in the description of any district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2010 for the State of Georgia."

SECTION 2. The Board of Commissioners of Bacon County which exists on December 31, 2012, is continued in existence but on and after January 1, 2013, shall be constituted as provided in this Act. The Board of Commissioners of Bacon County so continued and constituted, sometimes referred to in this Act as the "board," shall continue to have the powers, duties, rights, obligations, and liabilities of that board as existed immediately prior to January 1, 2013.

SECTION 3. The Board of Commissioners of Bacon 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, no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.

4698

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 4. The provisions of this Act relating to and necessary for the regular election in 2012 of members of the Board of Commissioners of Bacon County shall become effective upon its approval by the Governor or upon its becoming effective without such approval; and this Act shall otherwise become effective January 1, 2013.

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

Plan: baconccsb-2012 Plan Type: local Administrator: bacon User: bak

District 002 Bacon County VTD: 005DOUGL - DOUGLAS 970100: 1065 1066 2089 2090 2091 2092 2093 2094 970201: 3016 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3077 3078 3079 3080 3088 3089 3090 3095 3096 3097 3098 3099 3100 3101 3106 3108 3109 3110 3111 3112 3113 3114 3115 3116 970202: 1000 1112 1113 1114 1115 1116 2000 2001 2003 2004 2005 2006 2007 2052 2055 2058 2059 2060 2061 3000 3001 3002 3003 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 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

District 003 Bacon County VTD: 005DOUGL - DOUGLAS 970201: 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 1161 1162 1163 1164 1165 1168 1169 1170 1171 1172 1173 1176 1177 1178 1179 1180 1181 1211 1217 1220 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021

GEORGIA LAWS 2012 SESSION
2022 2024 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3017 3018 3019 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3073 3074 3075 3076 3081 3082 3083 3084 3085 3086 3087 3091 3092 3093 3094 3102 3103 3104 3105 3107 3117 970202: 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1083 1084 1085 1086 1087 1088 1089 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1110 1111 1186 1187 1189 1190 1191 1197 1199 3004 3005 3016
District 004 Bacon County VTD: 0005NEWL - NEW LACY VTD: 005DOUGL - DOUGLAS 970100: 2074 2087 2088 3101 3102 3103 3104 3105 3106 3107 3121 3122 3123 3124 3129 3130 3131 3132 3133 3134 970201: 3020
District 005 Bacon County VTD: 005DOUGL - DOUGLAS 970202: 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 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1090 1104 1105 1106 1107 1108 1109 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1145 1161 1172 1179 1180 1181 1182 1184 1185 1188 1194 1196 2002 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2025

4699

4700

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

2026 2053 VTD: 005TAYLO - TAYLOR 970201: 1129 1167 1174 1175 1182 1183 1184 1185 1186 1187 1188 1189 1190 1191 VTD: 005WARE - WARE

District 006 Bacon County VTD: 005DOUGL - DOUGLAS 970100: 3082 3083 3084 3085 3086 3087 3088 3089 3090 3092 3093 3094 3095 3097 3098 3099 3100 3116 3117 3118 3119 3120 3125 3126 3127 3128 970201: 2003 2023 VTD: 005TAYLO - TAYLOR 970201: 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 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 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1130 1131 1132 1133 1134 1166 1192 1193 1194 1195 1196 1197 1198 1199 1200 1201 1202 1203 1204 1205 1206 1207 1208 1209 1210 1212 1213 1214 1215 1216 1218 1219 1221 2000 2001 2002 2004 2005 2006 2007 2025 VTD: 005WARNO - WARNOCK

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2012 session of the General Assembly of Georgia a bill to amend an Act to revise and reenact the law creating a Board of Commissioners of Bacon County, approved April 4, 1991 (Ga. L. 1991, p. 4436), as amended and for other purposes.

GEORGIA LAWS 2012 SESSION GEORGIA, FULTON COUNTY

4701

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommy Smith, who on oath deposes and says that he is the Representative from District 168 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Alma Times which is the official organ of Bacon County on March 6, 2012, 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 7th day of March 2012.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2015 (SEAL)

Approved April 4, 2012.

__________

JEFFERSON COUNTY BOARD OF COMMISSIONERS; REDISTRICTING.

No. 453 (House Bill No. 1270).

AN ACT

To amend an Act providing for a Board of Commissioners of Jefferson County, approved February 23, 1984 (Ga. L. 1984, p. 3627), as amended, so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

4702

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 1. An Act providing for a Board of Commissioners of Jefferson County, approved February 23, 1984 (Ga. L. 1984, p. 3627), as amended, is amended by repealing subsection (g) and revising subsections (e) and (f) of Section 3 as follows:
"(e)(1) For the purpose of electing the members of the Board of Commissioners of Jefferson County, other than the chairperson, Jefferson County shall be divided into four commissioner districts. Such districts shall be and correspond to those four numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: jeffersonccsb-2012 Plan Type: Local Administrator: Jefferson User: bak'. (2) Those members and chairperson of the Board of Commissioners of Jefferson County who are serving as such immediately prior to the effective date of this subsection, 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. On and after the effective date of this subsection, the Board of Commissioners of Jefferson County shall consist of four members elected from the commissioner districts described in this subsection and one chairperson who shall be elected at large. (3) Commissioner Districts 1 through 4, as they exist immediately prior to the effective date of this subsection, shall continue to be designated as Commissioner Districts 1 through 4, respectively, but as newly described under this subsection, and on and after the effective date of this subsection, such members of the board serving from those former commissioner districts shall be deemed to be serving from and representing their respective districts as newly described under this subsection. (f)(1) For the purposes of such plan:
(A) The term 'VTD' 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. The separate numeric designations in a district description which are underneath a 'VTD' heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; and (B) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia. (2) Any part of Jefferson County which is not included in any district described in subsection (e) of this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (3) Any part of Jefferson County which is described in subsection (e) of this section as being included 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

GEORGIA LAWS 2012 SESSION

4703

instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia."

SECTION 2. 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 1965, as amended, no later than 30 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.

SECTION 3. The provisions of this Act relating to and necessary for the regular election in 2012 of members of the Board of Commissioners of Jefferson County shall become effective upon its approval by the Governor or upon its becoming law without such approval. For all other purposes, this Act shall become effective January 1, 2013.

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

Plan: jeffersonccsb-2012 Plan Type: Local Administrator: Jefferson User: bak

District 001 Jefferson County VTD: 1630082 - LOUISVILLE 960300: 3076 3086 3087 3088 3090 3091 3110 3111 3112 3113 3115 3116 3117 3118 3119 3123 3124 3125 3128 3129 3130 3131 3132 3134 3135 3136 3153 6065 6080 6081 6082 6083 6084 6085 6086 6087 6088 6089 6090 6091 6092 6093 6094 6095 6096 6097 6098 6099 6100 6101 6102 6103 6104 6105 6106 6107 6108 6109 6110 6112 6113 6114 6115 6116 6117 6118 6119 6120 6121 6122 6123 6124 6125 6126 6127 6128 6129 6130 6131 6132 6133 6134 6137 960400: 1000 1001 1002 1003 1004 1005 1006 1007 1016 1017 1018 1019 1020 1021 1124 1140 VTD: 1630083 - WADLEY VTD: 1630085 - BARTOW

4704

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

District 002 Jefferson County VTD: 1630077 - MATTHEWS 960100: 4005 4014 4015 4016 4017 4018 4019 4022 4051 4052 4053 4054 4055 4056 4057 4058 4062 4063 4064 4065 4066 4067 4068 5000 5001 5002 5003 5048 5049 5050 5051 5052 5053 5054 5055 5056 5057 5058 5059 5060 5061 5062 5075 5076 5079 5080 5081 5082 5083 5084 5085 5086 5087 5088 5089 5090 5091 5092 5093 5096 5101 960300: 1000 VTD: 1630081 - WRENS 960100: 2030 2031 2032 2033 2034 2055 3021 3022 3023 3024 3025 3026 3027 3028 3029 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3081 3082 3083 4020 4021 4023 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4059 4060 4061 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5042 VTD: 1630082 - LOUISVILLE 960100: 5095 960300: 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2029 2030 2031 2032 2033 2034 4003 4004 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 4049 4050 4051 4052 4056 5000 5001 5002 5003 5004 5005 5006 5007 5008 5023 5024 5025 5041 5042 5043 5044 5045 5046 5047 5048 5049 5050 5051 5052 5053 5054 6000 6001 6002 6003 6004 6005 6006 6007 6008 6009 6010 6011 6012 6013 6014 6015 6016 6017 6018 6019 6020 6021 6022 6023 6024 6025 6026 6027 6028 6029 6030 6031 6032 6033 6034 6035 6036 6037 6038 6039 6040 6041 6042 6043 6044 6045 6046 6047 6048 6049 6050 6051 6052 6053 6054 6055 6056 6057 6058 6061 6062 6063 6064 6066 6069 6070 6071

GEORGIA LAWS 2012 SESSION
6072 6073 6074 6075 6076 6077 6078 6079 6135 6136
District 003 Jefferson County VTD: 1630077 - MATTHEWS 960100: 1066 1091 1092 1093 1105 1106 1107 1125 1126 1132 1145 4000 4001 4002 4003 4004 4006 4007 4008 4009 4010 4011 4012 4013 4069 4070 4071 4072 VTD: 1630081 - WRENS 960100: 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 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1127 1128 1129 1130 1131 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 1146 1147 2011 2014 2015 2022 2023 2024 2026 2027 2028 2029 2035 2036 2037 2038 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2067 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3079 3080 4024 4025 5023 5027 5028 5029 5030 5031 5032 5033 5034 VTD: 1631460 - STAPLETON VTD: 1631593 - AVERA
District 004 Jefferson County VTD: 1630076 - STAPLETON CROSSING VTD: 1630081 - WRENS 960100: 5020 5021 5022 5024 5025 5026 5035 5036 5037 5038 5039 5040 5041 5043 5044 5045 5046 5047 5063 5064 5065 5066 5067 5068 5069 5070 5071 5072 5073 5074 5077 5097 5098 5099 5100

4705

4706

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

VTD: 1630082 - LOUISVILLE 960100: 5078 5094 960200: 2080 2089 960300: 1012 1013 1014 1015 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 1059 1060 1061 1062 1063 1064 1066 1067 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2028 2035 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3077 3078 3079 3080 3081 3082 3083 3084 3089 3092 3093 3094 3095 3096 3097 3098 3099 3100 3101 3102 3103 3104 3105 3106 3107 3108 3109 3114 3120 3121 3122 3133 3145 3146 3147 3148 3149 3150 3151 3154 4000 4001 4002 4005 4044 4045 4046 4047 4048 4053 4054 4055 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 5039 5040 5055 5056 5057 6059 6060 6067 6068 960400: 1022 1023 1024 1029 1030 1031

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2012 session of the General Assembly of Georgia a bill to amend an Act providing for a Board of Commissioners of Jefferson County, approved February 23, 1984 (Ga. L. 1984, p. 3627), as amended; and for other purposes.
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

GEORGIA LAWS 2012 SESSION

4707

Local Legislation was published in the News and Farmer which is the official organ of Jefferson County on March 1, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

s/ MACK JACKSON Mack Jackson Representative, District 142

Sworn to and subscribed before me, this 13th day of March 2012.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires Aug. 14, 2015 (SEAL)

Approved April 4, 2012.

__________

JEFFERSON COUNTY BOARD OF EDUCATION; REDISTRICTING.

No. 454 (House Bill No. 1273).

AN ACT

To amend an Act providing for the election of the chairperson and the members of the Board of Education of Jefferson County, approved March 20, 1990 (Ga. L. 1990, p. 4224), as amended, so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act providing for the election of the chairperson and the members of the Board of Education of Jefferson County, approved March 20, 1990 (Ga. L. 1990, p. 4224), as amended, is amended by revising Section 1 as follows:

4708

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

"SECTION 1. (a)(1) For the purpose of electing the members of the Board of Education of Jefferson County, other than the chairperson, the Jefferson County School District shall be divided into four education districts. Such districts shall be and correspond to those four numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: jeffersonccsb-2012 Plan Type: Local Administrator: Jefferson User bak'. (2) Those members and chairperson of the Board of Education of Jefferson County who are serving as such immediately prior to the effective date of this subsection, 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. On and after the effective date of this subsection, the Board of Education of Jefferson County shall consist of four members elected from the education districts described in this subsection and one chairperson who shall be elected at large. (3) Education Districts 1 through 4, as they exist immediately prior to the effective date of this subsection, shall continue to be designated as Education Districts 1 through 4, respectively, but as newly described under this subsection, and on and after the effective date of this subsection, such members of the board serving from those former education districts shall be deemed to be serving from and representing their respective districts as newly described under this subsection. (b)(1) For the purposes of such plan:
(A) The term 'VTD' 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. The separate numeric designations in a district description which are underneath a 'VTD' heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; and (B) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia. (2) Any part of Jefferson County which is not included in any district described in subsection (a) of this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (3) Any part of Jefferson County which is described in subsection (a) of this section as being included 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

GEORGIA LAWS 2012 SESSION

4709

population according to the United States decennial census of 2010 for the State of Georgia."

SECTION 2. The Board of Education 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 1965, as amended, no later than 30 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.

SECTION 3. Section 2, this section, and the provisions of this Act relating to and necessary for the regular election in 2012 of members of the Board of Education of Jefferson County shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. The remaining provisions of this Act shall become effective January 1, 2013.

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

Plan: jeffersonccsb-2012 Plan Type: Local Administrator: Jefferson User: bak

District 001 Jefferson County VTD: 1630082 - LOUISVILLE 960300: 3076 3086 3087 3088 3090 3091 3110 3111 3112 3113 3115 3116 3117 3118 3119 3123 3124 3125 3128 3129 3130 3131 3132 3134 3135 3136 3153 6065 6080 6081 6082 6083 6084 6085 6086 6087 6088 6089 6090 6091 6092 6093 6094 6095 6096 6097 6098 6099 6100 6101 6102 6103 6104 6105 6106 6107 6108 6109 6110 6112 6113 6114 6115 6116 6117 6118 6119 6120 6121 6122 6123 6124 6125 6126 6127 6128 6129 6130 6131 6132 6133 6134 6137 960400: 1000 1001 1002 1003 1004 1005 1006 1007 1016 1017 1018 1019 1020 1021 1124 1140 VTD: 1630083 - WADLEY VTD: 1630085 - BARTOW

4710

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

District 002 Jefferson County VTD: 1630077 - MATTHEWS 960100: 4005 4014 4015 4016 4017 4018 4019 4022 4051 4052 4053 4054 4055 4056 4057 4058 4062 4063 4064 4065 4066 4067 4068 5000 5001 5002 5003 5048 5049 5050 5051 5052 5053 5054 5055 5056 5057 5058 5059 5060 5061 5062 5075 5076 5079 5080 5081 5082 5083 5084 5085 5086 5087 5088 5089 5090 5091 5092 5093 5096 5101 960300: 1000 VTD: 1630081 - WRENS 960100: 2030 2031 2032 2033 2034 2055 3021 3022 3023 3024 3025 3026 3027 3028 3029 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3081 3082 3083 4020 4021 4023 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4059 4060 4061 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5042 VTD: 1630082 - LOUISVILLE 960100: 5095 960300: 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2029 2030 2031 2032 2033 2034 4003 4004 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 4049 4050 4051 4052 4056 5000 5001 5002 5003 5004 5005 5006 5007 5008 5023 5024 5025 5041 5042 5043 5044 5045 5046 5047 5048 5049 5050 5051 5052 5053 5054 6000 6001 6002 6003 6004 6005 6006 6007 6008 6009 6010 6011 6012 6013 6014 6015 6016 6017 6018 6019 6020 6021 6022 6023 6024 6025 6026 6027 6028 6029 6030 6031 6032 6033 6034 6035 6036 6037 6038 6039 6040 6041 6042 6043 6044 6045 6046 6047 6048 6049 6050 6051 6052 6053 6054 6055 6056 6057 6058 6061 6062 6063 6064 6066 6069 6070 6071

GEORGIA LAWS 2012 SESSION
6072 6073 6074 6075 6076 6077 6078 6079 6135 6136
District 003 Jefferson County VTD: 1630077 - MATTHEWS 960100: 1066 1091 1092 1093 1105 1106 1107 1125 1126 1132 1145 4000 4001 4002 4003 4004 4006 4007 4008 4009 4010 4011 4012 4013 4069 4070 4071 4072 VTD: 1630081 - WRENS 960100: 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 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1127 1128 1129 1130 1131 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 1146 1147 2011 2014 2015 2022 2023 2024 2026 2027 2028 2029 2035 2036 2037 2038 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2067 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3079 3080 4024 4025 5023 5027 5028 5029 5030 5031 5032 5033 5034 VTD: 1631460 - STAPLETON VTD: 1631593 - AVERA
District 004 Jefferson County VTD: 1630076 - STAPLETON CROSSING VTD: 1630081 - WRENS 960100: 5020 5021 5022 5024 5025 5026 5035 5036 5037 5038 5039 5040 5041 5043 5044 5045 5046 5047 5063 5064 5065 5066 5067 5068 5069 5070 5071 5072 5073 5074 5077 5097 5098 5099 5100

4711

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

VTD: 1630082 - LOUISVILLE 960100: 5078 5094 960200: 2080 2089 960300: 1012 1013 1014 1015 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 1059 1060 1061 1062 1063 1064 1066 1067 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2028 2035 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3077 3078 3079 3080 3081 3082 3083 3084 3089 3092 3093 3094 3095 3096 3097 3098 3099 3100 3101 3102 3103 3104 3105 3106 3107 3108 3109 3114 3120 3121 3122 3133 3145 3146 3147 3148 3149 3150 3151 3154 4000 4001 4002 4005 4044 4045 4046 4047 4048 4053 4054 4055 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 5039 5040 5055 5056 5057 6059 6060 6067 6068 960400: 1022 1023 1024 1029 1030 1031

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2012 session of the General Assembly of Georgia a bill to amend an Act providing for the election of the chairperson and the members of the Board of Education of Jefferson County, approved March 20, 1990 (Ga. L. 1990, p. 4224), as amended; and for other purposes.
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

GEORGIA LAWS 2012 SESSION

4713

Local Legislation was published in the News and Farmer which is the official organ of Jefferson County on March 1, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

s/ MACK JACKSON Mack Jackson Representative, District 142

Sworn to and subscribed before me, this 13th day of March 2012.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires Aug. 14, 2015 (SEAL)

Approved April 4, 2012.

__________

CITY OF WASHINGTON CITY COUNCIL; REDISTRICTING.

No. 455 (House Bill No. 1277).

AN ACT

To amend an Act providing a new charter for the City of Washington, Georgia, approved February 14, 1958 (Ga. L. 1958, p. 2139), as amended, so as to change the description of the council districts; to define certain terms and provide for certain inclusions; to provide for continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act providing a new charter for the City of Washington, Georgia, approved February 14, 1958 (Ga. L. 1958, p. 2139), as amended, is amended by adding a new section to read as follows:

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

"SECTION 4.1. (a) For the purpose of electing members of the city council, the City of Washington is divided into two districts. Such districts shall be and correspond to those two numbered districts established pursuant to the final order entered on August 21, 1992, in Avery v. Mayor and Council of the City of Washington, Georgia, Case Number CV 192-169, United States District Court for the Southern District of Georgia, Augusta Division, but as modified by the descriptions attached to and made a part of this Act and further identified as 'Plan: washingtoncity-prop2-2012 Plan Type: Local Administrator: Washington User: bak'.
(b)(1) As used in such attachment, the term 'VTD' (voting tabulation district) 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. (2) The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. Any part of the City of Washington which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (3) Any part of the City of Washington 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 2010 for the State of Georgia. (4) Except as otherwise provided in the description of any district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2010 for the State of Georgia."

SECTION 2. The City Council of the City of Washington which existed on December 31, 2013, is continued in existence but on and after January 1, 2014, shall be constituted as provided in this Act. The City Council of the City of Washington so continued and constituted, sometimes referred to in this Act as the "council," shall continue to have the powers, duties, rights, obligations, and liabilities of that council as existed immediately prior to January 1, 2014.

SECTION 3. The City Council of the City of Washington 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

GEORGIA LAWS 2012 SESSION

4715

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. The provisions of this Act relating to and necessary for the regular election in 2013 of members of the City Council of the City of Washington shall become effective upon this Act's approval by the Governor or upon its becoming effective without such approval, and this Act shall otherwise become effective January 1, 2014.

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

Plan: washingtoncity-prop2-2012 Plan Type: Local Administrator: Washington User: bak

District 001 Wilkes County VTD: 3171 - SENIOR CITIZEN 010302: 1016 1026 1027 1028 1029 3004 3005 3006 3007 3009 3015 3016 3022 4018 4020 4021 4048 5002 5003 5004 5005 5006 5007 5008 5009 5010 5013 5014 5015 5016 5017 5018 5031 5032 5033 5034 5035 5036 5037 5038 5040 5041 5042 5043 5044 5045 5046 5047 5048 5049 5050 5051 5052 5053 5054 5055 VTD: 3173A - EDWARD B POPE 010302: 1006 1015 1017 1018 1019 1020 1021 1022 1023 1024 1025 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 5011 5012 5039

District 002 Wilkes County VTD: 3171 - SENIOR CITIZEN 010302: 3000 3001 3002 3003 3023 3024 3025 3028 4006 4007 4010 4011 4013 4014 4019 4022 4023 5025 5026 5027 5028 5029 5030 VTD: 3172A - YOUNG FARMER'S 010301: 1022 1023 1035 1036 1041 1055 2021 2026 2027 2028 2029 2030

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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 2060 2061 2062 2063 2064 2084 2089 2090 2091 2092 2097 2098 2099 010302: 4017 4026 4027 VTD: 3174A - COURTHOUSE 010301: 1024 1025 1028 1029 1030 1031 1032 1033 1034 1037 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1056 1057 1058 1059 1060 1061 1063 1064 010302: 4000 4001 4002 4003 4004 4005 4008 4009 5000 5001 5019 5020 5021 5022 5023 5024

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2012 session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Washington, Georgia, approved February 14, 1958 (Ga. L. 1958, p. 2139), as amended; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mickey Channell, who on oath deposes and says that he is the Representative from District 116 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the News-Reporter which is the official organ of Wilkes County on March 8, 2012, and that the notice requirements of Code Section 28-1-14 have been met.
s/ MICKEY CHANNELL Mickey Channell Representative, District 116

GEORGIA LAWS 2012 SESSION
Sworn to and subscribed before me, this 14th day of March 2012.

4717

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires Aug. 14, 2015 (SEAL)

Approved April 4, 2012.

__________

APPLING COUNTY BOARD OF COMMISSIONERS; REDISTRICTING.

No. 456 (House Bill No. 1285).

AN ACT

To amend an Act creating the board of commissioners of Appling County, approved February 12, 1945 (Ga. L. 1945, p. 650), as amended, so as to change the description of the commissioner districts; to define certain terms; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for conditional automatic repeal; to provide for effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating the board of commissioners of Appling County, approved February 12, 1945 (Ga. L. 1945, p. 650), as amended, is amended by revising Section 8 as follows:

"SECTION 8. (a) The board of commissioners of Appling County shall consist of a chairman elected from the county at large and five commissioners elected from commissioner districts. For purposes of electing members of the board of commissioners, Appling County is divided into five commissioner districts. The five commissioner districts shall be and correspond to those five numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: applingccsb-2012 Plan Type: Local Administrator: Appling User: bak'.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(c) For the purposes of such plan: (1) The term 'VTD' 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. The separate numeric designations in a district description which are underneath a 'VTD' heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; and (2) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia.
(d) Any part of Appling County which is not included in any district described in subsection (b) of this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (e) Any part of Appling County which is described in subsection (b) of this section as being included 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 2010 for the State of Georgia."

SECTION 2. The Board of Commissioners of Appling 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 3. If, as of the first date upon which candidates may begin qualifying for the general primary in 2012, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety.

SECTION 4. For the purpose of conducting elections in 2012, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. For all other purposes, this Act shall become effective on January 1, 2013.

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

Plan: applingccsb-2012 Plan Type: Local Administrator: Appling User: bak

GEORGIA LAWS 2012 SESSION

District 001 Appling County VTD: 0011A - 1A 950100: 1027 1039 1040 1043 1044 950200: 1018 VTD: 0011B - 1B VTD: 0011C - 1C VTD: 0011D - 1D 950200: 2010 2011 2012 2013 950500: 2000 2046

District 002 Appling County VTD: 0012 - 2 950200: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1028 1029 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 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 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 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 1166 1167 2018 2019 2020 2024 2025 2026 2027 2030 2031 2032 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2053 2054 2055 2056 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 2091 2092 2093 2094 2095 2096 2097 3000 3001 3002 3003 3004 3005

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 3093 3094 3095 3096 3097 3098 3099 3100 3101 3102 3103 3104 3105 3106 3111 3112 3113 3114 3115 3116 3122 3123 3124 3125 VTD: 0013C - 3C 950300: 4000 4001 4002 4003 4004 4005 4006 4014 4015 4016 4021 4022 4023 4028 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4061 4062 4063 4064 4065 4066 4067 4068 4069 4070 4071 4072 4073 4074 4075 4076 4077 4078 4079 4080 4081 4082 4083 4084 4085 4146 4150 4151 4153 4156 4157 4158 4159 4160 4161 4162 4163 4164 4167 4168 4169 4198 4199 4205 4206 4210 4211 4212 4213 4215 950400: 1139 1141 1198

District 003 Appling County VTD: 0011A - 1A 950100: 1003 1004 1005 1006 1007 1008 1009 1010 1022 1023 1024 1025 1026 1030 1031 1032 1037 1038 1045 1046 VTD: 0011A1 - 1A1 VTD: 0012 - 2 950200: 3109 3110 VTD: 0013A - 3A VTD: 0013B - 3B VTD: 0013C - 3C 950200: 3107 3108 3117 3118 3119 3120 3121 950300: 1000 1001 1015 1016 1030 1031 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051

GEORGIA LAWS 2012 SESSION
1052 1053 1054 1055 1056 1057 2115 2138 2145 2146 2148 2149 2150 2151 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 3053 3054 4007 4008 4009 4010 4011 4012 4013 4017 4018 4019 4020 4024 4025 4026 4027 4029 4045 4046 4086 4087 4088 4089 4090 4091 4092 4093 4094 4095 4096 4097 4098 4099 4100 4101 4102 4103 4104 4105 4106 4107 4108 4109 4110 4111 4112 4113 4114 4115 4132 4133 4134 4142 4144 4145 4147 4148 4149 4152 4154 4155 4165 4166 4170 4187 4188 4189 4190 4191 4192 4193 4194 4195 4196 4197 4200 4201 4202 4203 4207 4208 4209 4214 950400: 1056 1057 1058 1059 1063 1116 1117 1118 1119 1120 1121 1122 1123 1124 1132 1133 1134 1135 1136 1137 1138 1140 1142 1143 1191 2010 950500: 1001 1002 1010 1011
District 004 Appling County VTD: 0014A - 4A VTD: 0014B - 4B VTD: 0014C - 4C VTD: 0014D - 4D
District 005 Appling County VTD: 0011D - 1D 950500: 2001 2002 2003 2004 2005 2006 2007 2010 2011 2012 2019 2020 2027 2028 2029 2116 VTD: 0015A - 5A VTD: 0015B - 5B VTD: 0015B1 - 5B1 VTD: 0015C - 5C

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

Notice is given that there will be introduced at the regular 2012 session of the General Assembly of Georgia a bill to amend an Act creating the board of commissioners of Appling County, approved February 12, 1945 (Ga. L. 1945. p. 650), as amended; and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommy Smith, who on oath deposes and says that he is the Representative from District 168 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Baxley News Banner which is the official organ of Appling County on March 14, 2012, 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 16th day of March 2012.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires Aug. 14, 2015 (SEAL)

Approved April 4, 2012.

__________

TREUTLEN COUNTY BOARD OF COMMISSIONERS; REDISTRICTING.

No. 457 (House Bill No. 1286).

AN ACT

To amend an Act creating a Board of Commissioners of Treutlen County, approved March 12, 1935 (Ga. L. 1935, p. 807), as amended, so as to change the description of the commissioner districts; to define certain terms; to provide for election and terms of office of

GEORGIA LAWS 2012 SESSION

4723

subsequent members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Said Act is further amended by revising subsections (a), (b), and (c) of Section 2 and adding new subsections to read as follows:
"(a) Those members of the Board of Commissioners of Treutlen County who are serving as such immediately prior to the effective date of this Act and any person selected to fill a vacancy in any such office shall continue to serve as such members until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors. On and after the effective date of this Act, the Board of Commissioners of Treutlen County shall consist of five members all of whom shall be elected from commissioner districts described in subsection (b) of this section. (b) For purposes of electing members of the board of commissioners, the Treutlen County is divided into five commissioner districts. One member of the board shall be elected from each such district. The five commissioner districts shall be and correspond to those five numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: treutlenccsb-2012 Plan Type: Local Administrator: Treutlen User: SE'. (c) For the purposes of such plan:
(1) The term 'VTD' 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. The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; and (2) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia. (c.1) Any part of Treutlen County which is not included in any district described in subsection (b) of this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (c.2) Any part of Treutlen County which is described in subsection (b) of this section as being included 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 2010 for the State of Georgia."

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 2. Said Act is further amended by revising subsections (a) and (b) of Section 3 as follows:
"(a) The members of the reconstituted Board of Commissioners of Treutlen County shall be elected as provided in this subsection. The first members from Commissioner Districts 1, 3, and 4 shall be elected at the general election on the Tuesday next following the first Monday in November, 2012. Those members of the board elected thereto from Commissioner Districts 1, 3, and 4 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 first members from Commissioner Districts 2 and 5 shall be elected at the general election on the Tuesday next following the first Monday in November, 2014. Those members of the board elected thereto from Commissioner Districts 2 and 5 in 2014 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. 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) Commissioner Districts 1, 2, 3, 4, and 5, as they exist immediately prior to the effective date of this Act, shall continue to be designated as Commissioner Districts 1, 2, 3, 4, and 5, respectively, but as newly described under this Act, and on and after the effective date of this Act, such members of the board serving from those former commissioner districts shall be deemed to be serving from and representing their respective districts as newly described under this Act."

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

SECTION 4. This section and Section 3 of this Act and those provisions of this Act necessary for the election of members of the Board of Commissioners of Treutlen County in 2012 shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. The remaining provisions of this Act shall become effective January 1, 2013.

GEORGIA LAWS 2012 SESSION
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
Plan: treutlenccsb-2012 Plan Type: Local Administrator: Treutlen User: SE
District 001 Treutlen County VTD: 283ORLA - ORLAND 960200: 2023 2036 2037 2038 2042 2043 2044 2045 2051 2052 2053 2054 2057 2091 3028 3033 3040 3041 3042 VTD: 283SOPE - SOPERTON 960200: 1012 1013 1014 1015 1016 1032 1033 1038 1039 2028 2029 2030 2031 2033 2039 2040 2041 2046 2047 2048 2049 2050 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 2090 3085 3087 3088 3090 3091 3092 3094 3095 3098 3099 3100 3101 3111 3112 3118 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4036 4037 4038 4044 4055
District 002 Treutlen County VTD: 283SOPE - SOPERTON 960200: 1017 1018 1019 1020 1026 1027 1028 1029 1030 1031 1034 1035 1036 1037 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1072 1073 1074 1076 1077 1078 1079 1080 1081 1082 1083 4032 4033 4034 4035 4039 4040 4041 4042 4043 4051 5000 5001 5002 5003 5004 5005 5006 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 5039 5040 5041 5042 5043 5086 5088 5095 5096 5097 5098 5099 5100 5101 5102 5106 5108

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4726

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

District 003 Treutlen County VTD: 283BLAC - BLACKVILLE 960100: 1004 1005 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1052 1091 1092 1111 1120 1123 1124 VTD: 283GILL - GILLIS SPRINGS VTD: 283OGLE - OGLETHORPE VTD: 283SOPE - SOPERTON 960100: 1075 1076 1077 1078 1079 1080 1081 1101 1102 1110 1113 1114 1115 1116 1117 1118 1119 1128 1129 2047 2048 2077 2078 2079 2080 2082 2083 2084 2085 2086 2087 2088 2090 2091 2092 2093 2094 2095 2096 2098 960200: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1021 1022 1023 1024 1025 1063 1064 1065 1066 1067 1068 1069 1070 1071 1075 2025 2026 2034 2035

District 004 Treutlen County VTD: 283BLAC - BLACKVILLE 960100: 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1087 1088 1090 VTD: 283LOTH - LOTHAIR 960200: 3052 3053 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3102 3103 3104 3105 3107 3108 3109 3113 3114 3115 3116 5069 5070 5071 5074 5077 5078 5081 5082 5083 5084 5085 5103 5104 VTD: 283ORLA - ORLAND 960100: 1082 1083 1084 1085 1086 1089 1093 1094 1095 1096 1097 1098 1099 1100 1103 1104 1105 1106 1107 1108 1109 960200: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2024 2027 2055 2056 2089 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019

GEORGIA LAWS 2012 SESSION
3020 3021 3022 3023 3024 3025 3026 3027 3029 3030 3031 3032 3034 3035 3036 3037 3038 3054 3110 VTD: 283SOPE - SOPERTON 960200: 2032 5063 5075 5076
District 005 Treutlen County VTD: 283LOTH - LOTHAIR 960200: 5079 5080 VTD: 283SOPE - SOPERTON 960200: 3039 3043 3044 3045 3046 3047 3048 3049 3050 3051 3082 3083 3084 3086 3089 3093 3096 3097 3106 3117 4021 4045 4046 4047 4048 4049 4050 4052 4053 4054 4056 5007 5008 5009 5044 5045 5046 5047 5048 5049 5050 5051 5052 5053 5054 5055 5056 5057 5058 5059 5060 5061 5062 5064 5065 5066 5067 5068 5072 5073 5087 5089 5090 5091 5092 5093 5094 5105 5107 5109

4727

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is hereby given that there will be introduced at the Regular Session of the Georgia General Assembly, which commenced on January 9, 2012, a bill to establish new boundaries for the election districts of the Treutlen County Board of Commissioners, in conformity with a Resolution of the Board of Commissioners that will be adopted.
This 14th day of February, 2012.
Greg Morris, State Representative
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 Soperton News which is the official organ of Treutlen County on February 15, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

4728

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
s/ GREG MORRIS Greg Morris Representative, District 155

Sworn to and subscribed before me, this 19th day of March 2012.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires Aug. 14, 2015 (SEAL)

Approved April 4, 2012.

__________

TREUTLEN COUNTY BOARD OF EDUCATION; REDISTRICTING.

No. 458 (House Bill No. 1287).

AN ACT

To amend an Act providing for the election of the members of the Treutlen County Board of Education, approved March 23, 1972 (Ga. L. 1972, p. 2340), as amended, so as to change the description of the education districts; to define certain terms; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Said Act is further amended by revising subsections (a), (b), and (c) of Section 2 and adding new subsections to read as follows:
"(a) Those members of the Board of Education of Treutlen County who are serving as such immediately prior to the effective date of this Act and any person selected to fill a vacancy in any such office shall continue to serve as such members until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors. On and after the effective date of this Act, the Board of Education of Treutlen County shall consist of five members all of whom shall be elected from education districts described in subsection (b) of this section.

GEORGIA LAWS 2012 SESSION

4729

(b) For purposes of electing members of the board of education, the Treutlen County School District is divided into five education districts. One member of the board shall be elected from each such district. The five education districts shall be and correspond to those five numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: treutlenccsb-2012 Plan Type: Local Administrator: Treutlen User: SE'. (c) For the purposes of such plan:
(1) The term 'VTD' 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. The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; and (2) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia. (c.1) Any part of the Treutlen County School District which is not included in any district described in subsection (b) of this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (c.2) Any part of the Treutlen County School District which is described in subsection (b) of this section as being included 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 2010 for the State of Georgia."

SECTION 2. Said Act is further amended by revising subsections (a) and (b) of Section 3 as follows:
"(a) The members of the reconstituted Board of Education of Treutlen County shall be elected as provided in this subsection. The first members from Education Districts 1, 2, and 4 shall be elected at the general election on the Tuesday next following the first Monday in November, 2012. Those members of the board elected thereto from Education Districts 1, 2, and 4 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 first members from Education Districts 3 and 5 shall be elected at the general election on the Tuesday next following the first Monday in November, 2014. Those members of the board elected thereto from Education Districts 3 and 5 in 2014 shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire

4730

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

December 31, 2018, and upon the election and qualification of their respective successors. Those and all future successors to members of the board whose terms of office are to expire shall be elected at the time of the state-wide general election immediately preceding the expiration of such terms, shall take office the first day of January immediately following that election, and shall serve for terms of office of four years each. Members of the board shall serve for the terms of office specified therefor in this subsection and until their respective successors are elected and qualified. (b) Education Districts 1, 2, 3, 4, and 5, as they exist immediately prior to the effective date of this Act, shall continue to be designated as Education Districts 1, 2, 3, 4, and 5, respectively, but as newly described under this Act, and on and after the effective date of this Act, such members of the board serving from those former education districts shall be deemed to be serving from and representing their respective districts as newly described under this Act."

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

SECTION 4. This section and Section 3 of this Act and those provisions of this Act necessary for the election of members of the Board of Education of Treutlen County in 2012 shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. The remaining provisions of this Act shall become effective January 1, 2013.

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

Plan: treutlenccsb-2012 Plan Type: Local Administrator: Treutlen User: SE

District 001 Treutlen County VTD: 283ORLA - ORLAND 960200: 2023 2036 2037 2038 2042 2043 2044 2045 2051 2052 2053 2054 2057 2091 3028 3033 3040 3041 3042

GEORGIA LAWS 2012 SESSION
VTD: 283SOPE - SOPERTON 960200: 1012 1013 1014 1015 1016 1032 1033 1038 1039 2028 2029 2030 2031 2033 2039 2040 2041 2046 2047 2048 2049 2050 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 2090 3085 3087 3088 3090 3091 3092 3094 3095 3098 3099 3100 3101 3111 3112 3118 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4036 4037 4038 4044 4055
District 002 Treutlen County VTD: 283SOPE - SOPERTON 960200: 1017 1018 1019 1020 1026 1027 1028 1029 1030 1031 1034 1035 1036 1037 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1072 1073 1074 1076 1077 1078 1079 1080 1081 1082 1083 4032 4033 4034 4035 4039 4040 4041 4042 4043 4051 5000 5001 5002 5003 5004 5005 5006 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 5039 5040 5041 5042 5043 5086 5088 5095 5096 5097 5098 5099 5100 5101 5102 5106 5108
District 003 Treutlen County VTD: 283BLAC - BLACKVILLE 960100: 1004 1005 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1052 1091 1092 1111 1120 1123 1124 VTD: 283GILL - GILLIS SPRINGS VTD: 283OGLE - OGLETHORPE VTD: 283SOPE - SOPERTON 960100: 1075 1076 1077 1078 1079 1080 1081 1101 1102 1110 1113 1114 1115 1116 1117 1118 1119 1128 1129 2047 2048 2077 2078 2079 2080 2082 2083 2084 2085 2086 2087 2088 2090 2091 2092 2093 2094 2095 2096 2098

4731

4732

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

960200: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1021 1022 1023 1024 1025 1063 1064 1065 1066 1067 1068 1069 1070 1071 1075 2025 2026 2034 2035

District 004 Treutlen County VTD: 283BLAC - BLACKVILLE 960100: 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1087 1088 1090 VTD: 283LOTH - LOTHAIR 960200: 3052 3053 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3102 3103 3104 3105 3107 3108 3109 3113 3114 3115 3116 5069 5070 5071 5074 5077 5078 5081 5082 5083 5084 5085 5103 5104 VTD: 283ORLA - ORLAND 960100: 1082 1083 1084 1085 1086 1089 1093 1094 1095 1096 1097 1098 1099 1100 1103 1104 1105 1106 1107 1108 1109 960200: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2024 2027 2055 2056 2089 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 3029 3030 3031 3032 3034 3035 3036 3037 3038 3054 3110 VTD: 283SOPE - SOPERTON 960200: 2032 5063 5075 5076

District 005 Treutlen County VTD: 283LOTH - LOTHAIR 960200: 5079 5080 VTD: 283SOPE - SOPERTON 960200: 3039 3043 3044 3045 3046 3047 3048 3049 3050 3051 3082 3083

GEORGIA LAWS 2012 SESSION
3084 3086 3089 3093 3096 3097 3106 3117 4021 4045 4046 4047 4048 4049 4050 4052 4053 4054 4056 5007 5008 5009 5044 5045 5046 5047 5048 5049 5050 5051 5052 5053 5054 5055 5056 5057 5058 5059 5060 5061 5062 5064 5065 5066 5067 5068 5072 5073 5087 5089 5090 5091 5092 5093 5094 5105 5107 5109

4733

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is hereby given that there will be introduced at the Regular Session of the Georgia General Assembly, which commenced on January 9, 2012, a bill to establish new boundaries for the election districts of the Treutlen County Board of Education, in conformity with a Resolution of the Board of Education that will be adopted.
This 14th day of February, 2012.
Greg Morris, State Representative
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 Soperton News which is the official organ of Treutlen County on February 15, 2012, 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 19th day of March 2012.
s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires Aug. 14, 2015 (SEAL)
Approved April 4, 2012.

4734

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

STEPHENS COUNTY BOARD OF EDUCATION; REDISTRICTING.

No. 459 (House Bill No. 1295).

AN ACT

To amend an Act to divide the County of Stephens into school districts, approved March 23, 1977 (Ga. L. 1977, p. 3875), as amended, so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to divide the County of Stephens into school districts, approved March 23, 1977 (Ga. L. 1977, p. 3875), as amended, is amended by revising subsection (a) of Section (2) as follows:
"(a)(1) For the purpose of electing members of the board of education, the Stephens County School District shall be divided into three education districts. Education Districts 1, 2, and 3 shall be and correspond to those three numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: stephenssb-2012 Plan Type: Local Administrator: Stephens Co User: Gina'. (2) For the purposes of such plan:
(A) The term 'VTD' 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. The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; and (B) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia. (3) Any part of the Stephens County School District which is not included in any district described in subsection (a) of this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (4) Any part of the Stephens County School District which is described in subsection (a) of this section as being included in a particular district shall nevertheless not be included

GEORGIA LAWS 2012 SESSION

4735

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 2010 for the State of Georgia."

SECTION 2. (a) Those members of the Board of Education of Stephens County who are serving as such on the effective date of this Act and any person selected to fill a vacancy in any such office shall continue to serve as such members until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors. (b) Education Districts 1, 2, and 3, as they exist immediately prior to the effective date of this Act, shall continue to be designated as Education Districts 1, 2, and 3, respectively, but as newly described under this Act, and on and after the effective date of this Act, such members of the board serving from those former education districts shall be deemed to be serving from their respective districts as newly described under this Act.

SECTION 3. The Board of Education of Stephens 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, not later than 30 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.

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

Plan: stephenssb-2012 Plan Type: Local Administrator: Stephens Co User: Gina

District 001 Stephens County VTD: 2571 - TOCCOA #1 970100: 2016 2020 2034 2036 2039 2041 2082 2083 2087 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 3034 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 970301: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011

4736

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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 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 4005 4006 4007 4008 4009 4010 4011 4026 4027 4028 4029 4030 4032 4037 4038 4039 4040 4041 4042 4043 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4061 4062 4063 970302: 1014 1026 1029 1030 1031 1043 1045 1046 2005 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 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2082 2083 2086 2087 2088 2089 2090 2091 2092 2095 2096 2097 2098 2099 2100 2101 2102 2103 970400: 3017 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4027 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4060 4061 4114 4115 VTD: 2574 - BROAD RIVER 970400: 3025 3026 3028 3030 3045 3047 3061 3062 3063 3064 3067 4020 4022 4059 4067 4068 4088 4089 4090 4092 4093 4094 4095 4096 4097 4098 4099 4100 4101 4102 4103 4104 4105 4106 4107 4108 4109 4110 4111 4112 4113 4122 4123 VTD: 2575 - CURRAHEE VTD: 2577 - WOLF PIT 970200: 1060 1061 1063 1064 1065 1066 1067 1068 1069 1070 1071 1074 1075 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2053 2056 2057 2058 2060 970302: 1035 1037 1038 1039 1040 1048 1049 1050 1051 2000 2060 2073 2074 2075 2076 2077 2078 2079 2080 2081 2084 2085 2093 2094 970400: 2004 2006 2014 2042 2043 2044 2045 2046 2047 2048 2049 2050

GEORGIA LAWS 2012 SESSION
2051 2052 2054 2057 2058 2059 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3011 3012 3013 3014 3015 3016 3018 3019
District 002 Stephens County VTD: 2571 - TOCCOA #1 970100: 2010 2017 2021 2022 2023 2028 2029 2030 2031 2032 2033 2037 2038 2040 2044 2046 2062 2064 2066 2067 2068 2069 2075 2076 2077 2081 2090 2091 VTD: 2572 - TOCCOA #2 VTD: 2573 - TOCCOA #3
District 003 Stephens County VTD: 2574 - BROAD RIVER 970400: 3023 3024 3027 3029 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3046 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3065 3066 3068 3069 3070 VTD: 2576 - MARTIN VTD: 2577 - WOLF PIT 970200: 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1059 1062 970400: 2000 2001 2002 2003 2005 2007 2008 2009 2010 2011 2012 2013 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 2053 2055 2056 2060 2061 2062 2063 2064 2065 2066 2067 2068 2076 2081 2082 2083 2084 3010 3020 3021 3022 VTD: 2578 - BIG SMITH

4737

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the 2012 Session of the General Assembly of Georgia a bill to provide for the reapportionment of the education election districts for the Stephens County Board of Education, and for other purposes.

4738

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

This 1st day of March, 2012.

Sherrie Whiten, Superintendent Stephens County School District

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Michael Harden, who on oath deposes and says that he is the Representative from District 28 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Toccoa Record which is the official organ of Stephens County on March 1, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

s/ MICHAEL HARDEN Michael Harden Representative, District 28

Sworn to and subscribed before me, this 14th day of March 2012.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires Aug. 14, 2015 (SEAL)

Approved April 4, 2012.

__________

TOOMBS COUNTY BOARD OF COMMISSIONERS; RECONSTITUTE BOARD; REDISTRICTING; MANNER OF ELECTION; TERMS OF OFFICE.

No. 460 (Senate Bill No. 354).

AN ACT

To amend an Act creating the Board of Commissioners of Toombs County, approved February 13, 1959 (Ga. L. 1959, p. 2010), as amended, particularly by an Act approved March 23, 1977 (Ga. L. 1977, p. 3927), and an Act approved April 28, 2006 (Ga. L. 2006, p. 3808), so as to reconstitute the board of commissioners; to change the description of the

GEORGIA LAWS 2012 SESSION

4739

commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for 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. An Act creating the Board of Commissioners of Toombs County, approved February 13, 1959 (Ga. L. 1959, p. 2010), as amended, particularly by an Act approved March 23, 1977 (Ga. L. 1977, p. 3927), and an Act approved April 28, 2006 (Ga. L. 2006, p. 3808), is amended by striking Sections 1 through 3(A) and inserting in lieu thereof the following:

"SECTION 1. The Board of Commissioners of Toombs County which existed on December 31, 2011, is continued in existence but on and after the effective date of this Act shall be constituted as provided in this Act. The Board of Commissioners of Toombs County so continued and constituted, sometimes referred to in this Act as the 'board,' shall continue to have the powers, duties, rights, obligations, and liabilities of that board as existed immediately prior to the effective date of this Act.

SECTION 2. (a) Those members of the Board of Commissioners of Toombs County who are serving as such on December 31, 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 and upon the election and qualification of their respective successors. On and after the effective date of this Act, the Board of Commissioners of Toombs County shall consist of four members who shall be elected from commissioner districts described in subsection (b) of this section and a chairperson who is elected at large as provided in subsection (c) of Section 3 of this Act. (b) For purposes of electing members of the board of commissioners other than the chairperson, Toombs County is divided into four commissioner districts. One member of the board shall be elected from each such district. The four commissioner districts shall be and correspond to those four numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: toombsccR-2012 Plan Type: Local Administrator: Toombs User: Gina'. (c) When used in such attachment, the term 'VTD' 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. The separate numeric designations in a district description which are underneath a 'VTD' heading shall mean and

4740

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. (d) Any part of Toombs County which is not included in any such district described in the attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. Any part of Toombs County which is described in the 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 2010 for the State of Georgia. (e) 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 2010 for the State of Georgia.

SECTION 3. (a) No person shall be a member of the board if that person is ineligible for such office pursuant to Code Section 45-2-1 of the O.C.G.A. or any other general law applicable to that office. (b) 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 at the time of qualifying for election or at the time of appointment and, if elected, must receive the number of votes cast as required by general law for that office in that district only and not at large. Only electors who are residents of that commissioner district may vote for a member of the board for that district. At the time of qualifying for election as a member of the board from a commissioner district, each candidate for such office shall specify the commissioner district for which that person is a candidate. A person elected or appointed as a member of the board from a commissioner district must continue to reside in that district during that person's term of office or that office shall become vacant. (c) The chairperson of the board may reside anywhere within Toombs 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 3A. (a) The members of the reconstituted Board of Commissioners of Toombs County shall be elected as provided in this subsection. The first members from Commissioner Districts 1 and 4 shall be elected at the general election on the Tuesday next following the first Monday in November, 2014. Those members of the board elected thereto from Commissioner Districts 1 and 4 in 2014 shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire

GEORGIA LAWS 2012 SESSION

4741

December 31, 2018, and upon the election and qualification of their respective successors. The first members from Commissioner Districts 2 and 3 and the at-large district shall be elected at the general election on the Tuesday next following the first Monday in November, 2012. Those members of the board elected thereto from Commissioner Districts 2 and 3 and the at-large district 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. 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) Commissioner Districts 1, 2, 3, and 4, as they existed on December 31, 2011, shall continue to be designated as Commissioner Districts 1, 2, 3, and 4, respectively, but as newly described under this Act, and on and after the effective date of this Act, such members of the board serving from those former commissioner districts shall be deemed to be serving from and representing their respective districts as newly described under this Act."

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

SECTION 3. This Act shall become effective on July 1, 2012.

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

Plan: toombsccR-2012 Plan Type: Local Administrator: Toombs User: Gina

4742

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

District 001 Toombs County VTD: 27915361 - 15361 LYONS 970100: 1077 1078 1079 1080 1081 1082 1083 1084 1085 2018 2019 2020 2023 2026 2027 2028 2029 2030 2031 2034 2035 2036 2037 2038 2039 2040 2041 2045 2046 2047 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 3048 3049 3050 3051 3052 3053 970200: 2045 2046 2047 2048 2070 2071 2072 2073 2074 2075 3042 3043 3059 3060 3061 3062 3063 3064 3070 970500: 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 1037 1038 1039 1040 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2018 2019 2020 2021 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2056 VTD: 27915362 - 15362 SANTA CLAUS 970200: 3051 3057 3058 970400: 4000 970500: 2010 2011 2012 VTD: 279511 - 511 OLD HEALTH 970200: 1042 1043 1044 1045 1066 1067 1068 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 3006 3007 3008 3009 3010 3011 3017 3029 3030 3031 3032 3033 3034 3035 3036 3037 3047 3048 3049 3050 3071 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 5039 5040 5041 5042 5043 5044 5045 5046 5047 5048 5049 5050 5051 5052 5055 5056 5057 5058 5059 5062 5063 5064 5065 5066 5069 5070

GEORGIA LAWS 2012 SESSION
5071 5072 970300: 2006 2008 2012 2013 2014 2015 2016 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2031 2033 2034 2035 2036 2037 2038 2039 2040 2041 2043 2044 2045 2046 2047 3067 3068 VTD: 279512 - 512 S.T.I. 970200: 3012 3013 3014 3015 3016 3052 3053 3054 3055 3056 5053 5054 5060 5061 5067 5073 970400: 4001 4003 4004 4006 4007 4008 4009 4010 4020 4021 4022 4061 4072 4078 970500: 2013 2017 VTD: 279514 - 514 S.T.I.A.L.C 970300: 1018 1026 1027 1028 1029 1030 1031 1033 1038 1039 1040 1041 1042 1043 1044 1065 1072 1073 1074 2000 2001 2002 2003 2004 2005 2007 2009 2010 2011 2017 2018 2029 2030 2032 2042
District 002 Toombs County VTD: 2791823 - 1823 CENTER 970400: 3021 4054 4056 4059 VTD: 279511 - 511 OLD HEALTH 970300: 1002 1005 1006 1007 1013 1014 1025 1056 1057 1058 VTD: 279512 - 512 S.T.I. 970200: 5068 970400: 1000 1004 1008 1009 1010 1011 1012 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 2011 2015 2016 2017 2018 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3022 3023 3024 4016 4017 4018 4019 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4048 4049 4050 4060 4075 4077 VTD: 279513 - 513 V.P.D.

4743

4744

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

VTD: 279514 - 514 S.T.I.A.L.C 970300: 1016 1017 1034 1035 1036 1037 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1059 1060 1061 1062 1063 1064 1066 1067 1068 1069 1070 1071 1075 1076 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 3042 3043 3044 3045 3046 3055 3056 3057 3058 3059 3060 3062 3063 3064 3065 3069 3070 3071 4013 4014 4015 4019 4020 4021 4025 4026 4038 4039 4047 5022 5023 5024

District 003 Toombs County VTD: 2791192 - 1192 BLUE RIDGE VTD: 27915361 - 15361 LYONS 970100: 2017 2021 2022 2024 2025 2032 2033 2042 2043 970200: 1059 2000 2001 2007 2010 2011 2012 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 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 3024 3025 3026 3027 3028 3038 3039 3040 3041 3044 3045 3046 3065 3066 3067 3068 3069 3072 3073 VTD: 27915362 - 15362 SANTA CLAUS 970100: 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1073 1074 1075 1076 1086 1087 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2044 3000 3001 3047 4008 4009 4021 4022 4023 4025 4027 4076 4077 970200: 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1060 1061 1062 1087 1088 2002 2003 2004 2005 2006 2008 2009 2013 2014 2015 2016 2017 970500: 1032 1033 1034 1035 1036 VTD: 2791715 - 1715 NORMANTOWN VTD: 2791770 - 1770 OHOOPEE VTD: 27939 - 39 NEWBRANCH

GEORGIA LAWS 2012 SESSION
VTD: 279511 - 511 OLD HEALTH 970200: 1037 1038 1039 1040 1041 1046 1047 1048 1063 1064 1065 1069 3000 3001 3002 3003 3004 3005 3018 3019 3020 3021 3022 3023 970300: 1000 1001 1003 1004 1008 1009 1010 1011 1012 1015 1019 1020 1021 1022 1023 1024 1032 1077
District 004 Toombs County VTD: 2791403 - 1403 MARVIN VTD: 2791521 - 1521 HARDEN VTD: 27915362 - 15362 SANTA CLAUS 970100: 4024 970400: 4002 4005 4068 4069 4070 4071 4073 4074 970500: 2014 2015 2016 2022 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2057 2058 2059 2060 2061 2062 2065 2066 2067 2068 2069 2070 2071 2072 2073 2075 2076 2077 2078 3001 3002 3003 3004 3012 VTD: 2791823 - 1823 CENTER 970300: 3040 3041 3047 3048 3049 3050 3051 3052 3053 3054 3061 5019 5020 5021 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 5039 5040 5041 5042 5043 5044 5045 5046 5047 5048 5050 5051 5052 5053 5054 5055 5056 5057 5058 5059 5060 5062 970400: 4011 4012 4013 4014 4015 4047 4051 4052 4053 4055 4057 4062 4063 4064 4065 4066 4067 4076 970500: 3000 3005 3006 3007 3008 3009 3010 3011 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081

4745

4746

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

970600: 2007 2008 2009 2010 2011 2012 VTD: 27943 - 43 CEDAR CROSSING

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2012 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Toombs County, approved February 13, 1959 (Ga. L. 1959, p. 2010), as amended, particularly by an Act approved March 23, 1977 (Ga. L. 1977, p. 3927), and an Act approved April 28, 2006 (Ga. L. 2006, p. 3808), so as to reconstitute the board of commissioners; to change the description of the commissioner districts; to provide for related matters; and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommie Williams, who on oath deposes and says that he is the Senator from District 19 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Advance which is the official organ of Toombs County on January 11, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

s/ TOMMIE WILLIAMS Tommie Williams Senator, District 19

Sworn to and subscribed before me, this 12th day of January 2012.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2015 (SEAL)

Approved April 5, 2012.

__________

GEORGIA LAWS 2012 SESSION WARE COUNTY BOARD OF EDUCATION; REDISTRICTING.

4747

No. 461 (Senate Bill No. 393).

AN ACT

To amend an Act reconstituting the Board of Education of Ware County, approved September 18, 1991 (Ga. L. 1991, Ex. Sess., p. 445), as amended, so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act reconstituting the Board of Education of Ware County, approved September 18, 1991 (Ga. L. 1991, Ex. Sess., p. 445), as amended, is amended by revising Section 2 as follows:

"SECTION 2. (a) The existing Board of Education of Ware County is continued, but shall be constituted as provided in this Act. On and after January 1, 2013, that board shall consist of seven elected members all of whom shall be elected from education districts described in subsection (b) of this section. (b) For purposes of electing members of the board of education, the Ware County School District is divided into seven education districts. One member of the board shall be elected from each such district. The seven education districts shall be and correspond to those seven numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: waresb-2012 Plan Type: Local Administrator: Ware User: Gina'.
(c)(1) For the purposes of such plan: (A) The term 'VTD' 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. The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; and (B) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia.

4748

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(2) Any part of the Ware County School District which is not included in any district described in subsection (b) of this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (3) Any part of the Ware County School District which is described in subsection (b) of this section as being included 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 2010 for the State of Georgia."

SECTION 2. (a) Those members of the Board of Education of Ware County who are serving as such on the effective date of this Act and any person selected to fill a vacancy in any such office shall continue to serve as such members until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors. (b) Education Districts 1, 2, 3, 4, 5, 6, and 7 as they exist immediately prior to the effective date of this Act, shall continue to be designated as Education Districts 1, 2, 3, 4, 5, 6, and 7, respectively, but as newly described under this Act, and on and after the effective date of this Act, such members of the board serving from those former education districts shall be deemed to be serving from and representing their respective districts as newly described under this Act.

SECTION 3. The Board of Education of Ware 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 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.

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

Plan: waresb-2012 Plan Type: Local Administrator: Ware User: Gina

District 001 Ware County VTD: 299100 - DISTRICT 1

GEORGIA LAWS 2012 SESSION
950300: 3002 3003 3006 3007 3008 3009 3010 3011 3014 3015 3016 3017 3018 3019 3020 3021 3025 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 3070 3071 3072 950400: 2000 2001 2013 2014 2016 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3013 3024 3025 3026 3028 3029 3030 3031 3032 3033 3034 3035 3043 950500: 3004 3007 3008 3009 3037 3049 3050 4002 4003 4004 4005 4010 4011 4012 4013 4014 4015 4019 4020 4021 4022 4023 4028 4029 4031 950800: 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1023 1024 1025 1026 1027 1028 1029 1042 1043 1044 1045 1066 2225 2226 2231 2232 2236 2237 2244 2246 3001 3002 3003 3004 3005 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3026 3027 3028 3032 3033 3041 3042 3047 3048 3049 3050 3051 3052 3055 3056 3057 3058 3059 3060 3061 3062 4009 4010 4029 4030 4031 5000 5001 5002 5003 5004 5005 5006 5021 5022 5037 5038 5039 5040 5041 5042 5043 5046 5048 5051 5052 5053 5054 5055 5056 5057 5058 5059 5060 5061 5062 5063 5064 5065 5066 5067 5068 5069 5070 5071 5072 5073 5074 VTD: 299300 - 1231-150B 950300: 2011 2012 2030 2031 2032 2033 2034 2035 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2053 2054 2055 2056 2057 3023 3024 3026 3027 3028 3029 3030 950500: 3005 3006 950800: 2000 2001 2002 2003 2004 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 VTD: 299304 - 1231-150C

4749

4750

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

950800: 2006 2007 2008 2223 2224 2227 2228 2229 2230 2233 2234 2235 2238 2241 2242 2243 2245 4032 5044 5045 5047 5049 5050

District 002 Ware County VTD: 299100 - DISTRICT 1 950300: 3069 950400: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1024 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1059 3011 3012 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3027 3036 3037 3038 3039 3040 3041 3042 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 950500: 4032 4034 4035 4036 950700: 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 1072 1073 1074 1075 1076 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2011 2012 2013 2014 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2028 2029 2032 2033 950800: 1000 1001 1002 1003 1004 1005 1006 1021 1022 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 2110 3000 3006 3007 3008 3021 3022 3023 3024 3025 3029 3030 3031 3034 3035 3036 3037 3038 3039 3040 3043 3044 3045 3046 3053 3054 4000 4001 4002 950900: 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 2002 2003 2007 2008 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012

GEORGIA LAWS 2012 SESSION
4013 4014 4016 4018 4019 4020 4021 4022 4023 4024 4025 4037 4062 4084 4086 4093 4094 4095 4096 VTD: 299200A - DISTRICT 2A 950400: 1013 1014 1015 1018 1023 950500: 5026 5027 950900: 1033 1073 VTD: 299200B - DISTRICT 2B 950600: 3030 3034 950700: 2010 2015 2026 2027 2030 2031 2034 950900: 1034 1035 1036 1037 1038 1039 1059 1060 1061 1062 1063 1064 1065 1066 1069 1078 1080 1081 2000 2001 2004 2005 2006 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2022 2028 2030 2031 2032 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2063 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 4015 4017 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4038 4039 4040 4041 4042 4043 4044 4045 4046 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4061 4063 4064 4065 4066 4067 4068 4069 4070 4071 4072 4073 4074 4075 4076 4077 4080 4081 4082 VTD: 299400 - 1231-151 950900: 1031 1032 1067 1068 1070 1071 1072 1074 1075 1076 1077 1079 1147 3020 3021 3022 3023 3024 3025 3030 3031 4078 4079 4083 4085 4089 4090 4099
District 003 Ware County VTD: 299100 - DISTRICT 1 950500: 2025 2026 3040 3041 3045 3046 4001 4006 4007 4008 4009 4016 4017 4018 4024 4025 4026 4027 4030 4033 5001 5003 5004 5005 5006 5007 5008 5010 5011 5012 5013 5014 5037 VTD: 299200A - DISTRICT 2A 950400: 1016 1017 1019 1020 1021 1022 1025 1041 1042 1043 1044 1045

4751

4752

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 950500: 1041 2012 2014 2016 2017 2023 2027 2028 2029 2036 2037 2039 2040 2041 2043 2044 2045 2048 2049 2050 2051 2052 2053 2054 2055 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5028 5029 5030 5031 5032 5033 5034 5035 5036 950600: 1024 1042 1043 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3023 3024 3025 3026 3027 3028 3029 3031 3032 3033 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 4044 4045 4046 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 5039 5040 5041 5042 5043 5044 5045 5046 5047 5048 5049 5050 5051 5052 5053 5054 5055 5056 5057 5058 5059 VTD: 299300 - 1231-150B 950500: 1019 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2013 2015 2018 2019 2020 2021 2022 2024 2030 2031 2032 2033 2034 2035 2038 2042 2046 2047 2056 3000 3001 3002 3003 3038 3039 3042 3043 3044 3047 3048 4000 5000 5002 5009

District 004 Ware County VTD: 299300 - 1231-150B 950200: 2031 2033 2058 3046 3076 3077 3078 3079 3080 3081 3096 3097 3098 3099 VTD: 299404 - BEACH-BICKLEY VTD: 299405 - HAYWOOD VTD: 299406 - JAMESTOWN VTD: 299409 - WARESBORO 950200: 3033 3036 3037 3038 3039 3040 3045 3057 3058 3059 3060 3106

GEORGIA LAWS 2012 SESSION
District 005 Ware County VTD: 299100 - DISTRICT 1 950400: 2010 2021 2022 VTD: 299300 - 1231-150B 950200: 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 3095 3100 950300: 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 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2036 2037 2038 2052 2058 3000 3001 3004 3005 3012 3013 3022 950400: 2002 2003 2004 2005 2006 2007 2008 2009 2011 2012 2015 2017 2018 2019 2020 2023 2024 2025 2026 2027 2028 950500: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1042 1043 1044 1045 1046 1047 1048 1049 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
District 006 Ware County VTD: 299200A - DISTRICT 2A 950600: 1019 1027 1028 1029 1033 1034 1035 1036 1038 1039 1040 1041 1044 1045 1047 1048 1049 1050 1064 1065 1066 1071 1072 1073 1075 1077 1080 1081 1082 2014 2015 3000 3001 3018 3019 3020 3021 3022 4047 VTD: 299200B - DISTRICT 2B 950900: 1022 1087 1088 1089 1152 1153 2026 2027 2033 2034 2035 2037

4753

4754

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

2039 2041 2042 2043 2044 2046 2049 2073 VTD: 299400 - 1231-151 950600: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1020 1021 1022 1023 1025 1026 1030 1031 1032 1037 1046 1061 1062 1063 1067 1068 1069 1070 1074 1076 1078 1079 1083 1084 1085 1086 1087 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 950800: 2111 2112 2116 2117 2122 2127 2128 2129 2130 2131 2132 2133 2134 2135 2136 2137 2138 2139 2140 2141 2142 2143 2144 2145 2146 2147 2148 2149 2150 2151 2152 2153 2163 2164 2165 2167 2168 2169 2170 2171 2172 2173 2176 2177 2178 2179 2180 2181 2183 2184 2185 2186 2187 2188 2189 2190 2191 2192 2193 2194 2195 2196 2197 2198 2199 2200 2201 2202 2203 2204 2205 2206 2207 2208 2209 2210 2211 2212 2251 6194 950900: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1023 1024 1025 1026 1027 1028 1029 1030 1082 1083 1084 1085 1086 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 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1148 1149 1150 1151 1154 2020 2021 2023 2024 2025 2029 2036 2038 2040 2045 2047 2048 2061 2062 2064 2065 2066 2067 2068 2069 2070 2071 2072 2074 3000 3001 3002 3003 3026 3027 3028 3029 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 3093 3094 3095 3096 3097 3098 3099 3100 3101 3102 3103 3104 3105 3106 3107 3108 3109 3110 3111 3112 3113 3114 3115 3116 3117 3118 3119 3120 3121 3122 3123 3124 3125 3126 3127 3128 3129 3130 3131 3132 3133 3134 3135 3136 3137 3138 3139 3140 3141 3142 3143 3144 3145 3146 3147 3148 3149 3150 3151 3152 3153 3154 3155 3156 3157 3158 3159 4047 4048 4049 4087 4088 4091 4092

4097 4098 4100

GEORGIA LAWS 2012 SESSION

District 007 Ware County VTD: 299300 - 1231-150B 950200: 3072 3073 3074 3075 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 3093 3094 3102 3103 3104 950800: 2005 2010 2011 VTD: 299304 - 1231-150C 950800: 2009 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2049 2050 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 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2113 2114 2115 2118 2119 2120 2121 2123 2124 2125 2126 2154 2155 2156 2157 2158 2159 2160 2161 2162 2166 2174 2175 2182 2213 2214 2216 2217 2218 2219 2220 2221 2222 2239 2240 2247 2248 2249 2250 4003 4004 4005 4006 4007 4008 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4061 4062 4063 4064 4065 4066 4067 4068 4069 4070 4071 4072 4073 4074 4075 4076 4077 4078 4079 4080 4081 6193 VTD: 299407 - MANOR 950800: 2035 2036 2037 2038 2039 2040 2041 2042 2047 2048 2051 2052 2053 2054 2055 2056 2057 2058 2091 2215 6006 6007 6008 6009 6010 6011 6012 6013 6014 6015 6016 6017 6018 6019 6020 6021 6022 6023 6024 6025 6026 6027 6028 6029 6030 6031 6032 6033 6034 6035 6036 6037 6038 6039 6040 6041 6042 6043 6044 6045 6046 6047 6048 6049 6050 6051 6052 6053 6054 6055 6056 6057 6058 6059 6060 6061 6062 6063 6064 6065 6066 6067 6068 6069 6070 6071 6072 6073 6074 6075 6076 6077 6078 6079 6080 6081 6082 6083 6084 6085 6086 6087 6088 6089 6090 6091 6092 6093 6094 6095 6096 6097 6098 6099 6100 6101 6102 6103 6104 6105 6106 6107 6108 6109 6110 6111 6112 6113 6114 6115 6116 6117

4755

4756

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

6118 6119 6120 6121 6122 6123 6124 6125 6126 6127 6128 6129 6130 6131 6132 6133 6134 6135 6136 6137 6138 6139 6140 6141 6142 6143 6144 6145 6146 6147 6148 6149 6150 6151 6152 6153 6154 6155 6156 6157 6158 6159 6160 6161 6162 6163 6164 6165 6166 6167 6168 6169 6170 6171 6172 6173 6174 6175 6176 6177 6178 6179 6180 6181 6182 6183 6184 6185 6186 6187 6188 6189 6190 6191 6192 6195 6196 6197 6198 6199 6200 6201 6202 6203 6204 6205 6206 6207 6208 6209 6210 6211 6212 6213 6214 6215 6216 6217 6218 6219 6220 6221 6222 6223 6224 6225 6226 6227 6228 6229 6230 6231 6232 6233 6234 6235 6236 6237 6238 6239 6240 6241 6242 6243 6244 6245 6246 6247 6248 6249 6250 6251 6252 6253 6254 6255 6256 6257 6258 6259 6260 6261 6262 6263 6264 6265 6266 6267 6268 6269 6270 6271 6272 6273 6274 6275 6276 6277 6278 6279 6280 6281 6282 6283 6284 6285 6286 6287 6288 6289 6290 6291 6292 6293 6294 6295 6296 6297 6298 6299 6300 6301 6302 6303 6304 6305 6306 6307 6308 6309 6310 6311 6312 6313 6314 6315 6316 6317 6318 6319 6320 6321 6322 6323 6324 6325 6326 6327 6328 6329 6330 6331 6332 6333 6334 6335 6336 6337 6338 6339 6340 6341 6342 6343 6344 6345 6346 6347 6348 6349 6350 6352 6353 6354 6355 6356 6357 6358 6359 6360 6361 6362 6363 6364 6365 6366 6367 6368 6369 6370 6371 6372 6373 6374 6375 6376 6377 6378 6379 6380 6381 6382 6383 6384 6385 6386 6387 6388 6389 6390 6391 6392 6393 6394 6395 6396 6397 6398 6399 6400 6401 6402 6403 6404 6405 6406 6407 6408 6409 6410 6411 6412 6413 6414 6415 6416 6417 6418 6419 6420 6421 6422 6423 6424 6425 6426 6427 6428 6429 6430 6431 6432 6433 6434 VTD: 299408 - MILLWOOD VTD: 299409 - WARESBORO 950100: 1257 950200: 2020 2021 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 3034 3035 3041 3042 3043 3044 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3101 3105 4051 4052 4053 4054 4055 4056 4058 4059 4060 4061 4108 4109 4110 4111 4112 4113 4114 4115 4116 4117 4118 4119 4120 4121 4122 4123 4124 4125 4126 4127 4128 4129 4130 4131 4132 4133 4134 4135 4136 4137 4138 4139 4140 4147

GEORGIA LAWS 2012 SESSION 4148 4149 4150 4151 4152

4757

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the 2012 Session of the General Assembly of Georgia a bill to provide for the reapportionment of the education election districts for the Ware County Board of Education, and for other purposes.

This 13th day of January, 2012

s/ Joseph C. Barrow, Jr. Joseph C. Barrow, Jr. Ed.D. Superintendent, Ware County School District

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Greg Goggans, who on oath deposes and says that he is the Senator from District 7 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Waycross Journal Herald which is the official organ of Ware County on January 13, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

s/ GREG GOGGANS Greg Goggans Senator, District 7

Sworn to and subscribed before me, this 23rd day of January 2012.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2015 (SEAL)

Approved April 5, 2012.

__________

4758

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

CHATHAM COUNTY BOARD OF COMMISSIONERS; REDISTRICTING.

No. 462 (Senate Bill No. 480).

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 May 17, 2004 (Ga. L. 2004, p. 3804), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuance in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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 May 17, 2004 (Ga. L. 2004, p. 3804), is amended by revising Section 3 as follows:

"SECTION 3. (a) For purposes of electing members of the board of commissioners, Chatham County is divided into eight commissioner districts. One member of the board shall be elected from each such district. The eight commissioner districts shall be and correspond to those eight numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: chathamccsbp3-S002&H161-2012 Plan Type: local Administrator: S002&H161 User: SE'.
(b)(1) For the purposes of such plan: (A) The term 'VTD' 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. The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; and (B) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia.
(2) Any part of Chatham County which is not included in any district described in subsection (a) of this section shall be included within that district contiguous to such part

GEORGIA LAWS 2012 SESSION

4759

which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (3) Any part of Chatham County which is described in subsection (a) of this section as being included 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 2010 for the State of Georgia."

SECTION 2. (a) Those members of the Board of Commissioners of Chatham County who are serving as such on the effective date of this Act and any person selected to fill a vacancy in any such office shall continue to serve as such members until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors. (b) Commissioner Districts 1, 2, 3, 4, 5, 6, 7, and 8, as they exist immediately prior to the effective date of this Act, shall continue to be designated as Commissioner Districts 1, 2, 3, 4, 5, 6, 7, and 8, respectively, but as newly described under this Act, and on and after the effective date of this Act, such members of the board serving from those former commissioner districts shall be deemed to be serving from and representing their respective districts as newly described under this Act.

SECTION 3. The Board of Commissioners of Chatham 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, no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.

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

Plan: chathamccsbp3-S002&H161-2012 Plan Type: local Administrator: S002&H161 User: SE

District 001 Chatham County VTD: 0511-1 VTD: 0511-10 VTD: 0511-12 VTD: 0511-13

4760

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

VTD: 0511-14 VTD: 0511-16 VTD: 0511-5 VTD: 0511-6 VTD: 0511-8 VTD: 0511-9 VTD: 0513-14 004002: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1018 1019 1020 1021 1022 1023 VTD: 0515-1 VTD: 0515-6 004300: 1014 1020 1021 1036 1037 1038 1039 1040 1041 1044 1045 1046 1047 1048 1050 1054 1069 1076 VTD: 0516-1 VTD: 0516-6

District 002 Chatham County VTD: 0512-11 VTD: 0512-12 VTD: 0512-2 VTD: 0512-3 VTD: 0512-4 VTD: 0512-5 VTD: 0512-7 VTD: 0512-9 VTD: 0513-10 003502: 1011 1012 1013 1014 1015 1020 1021 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 3000 3001 4006 VTD: 0513-2 000900: 1031 1032 1040 1041 1042 1043 1044 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 011200: 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1018 1034 2030 2031 2039 2040 2048 2049 2050 2051 2052

GEORGIA LAWS 2012 SESSION
2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 VTD: 0513-3 003700: 2000 2001 2002 2003 2004 2005 2006 010101: 2068 VTD: 0513-8 VTD: 0513-9 VTD: 0518-2 VTD: 0518-5 001200: 1028 1029 1030 1031 1035 1036 1041 1042 1043 1055 002300: 1000 1008 1009 1010 011400: 1004 1005 1015 1016 1028 1029 VTD: 0518-6 002300: 1022 1023 1024 1031 1032 011400: 1042 1043 1054 1055 1064 District 003 Chatham County VTD: 0511-17 011107: 1108 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 3027 3031 3032 3033 3034 3035 3036 3038 3053 3054 VTD: 0512-6 VTD: 0513-1 VTD: 0513-10 003800: 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 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 010102: 3009 VTD: 0513-11

4761

4762

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

VTD: 0513-12 VTD: 0513-13 VTD: 0513-14 003900: 2000 2001 2010 4007 4008 4009 4010 4011 4013 010200: 1000 1001 1002 1003 1004 1005 2000 2005 2006 2007 2008 2009 2013 3009 3019 VTD: 0513-15 VTD: 0513-2 000900: 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 1033 1034 1035 1036 1037 1038 1039 1045 1046 011200: 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 2032 2033 2034 2035 2036 2037 2038 2041 2042 2043 2044 2045 2046 2047 VTD: 0513-3 003601: 1007 1017 1020 1021 1025 1031 1032 1036 1038 1040 1041 1042 1043 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2016 2017 2018 2019 2020 2021 2022 2023 2024 2031 2032 2033 2034 2035 003602: 1000 1001 1003 3027 3028 010102: 1000 1001 1002 1003 1004 1020 VTD: 0513-4 VTD: 0513-5 VTD: 0514-2 011107: 1022 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1106 1107 1109 3037

GEORGIA LAWS 2012 SESSION
VTD: 0517-1 010601: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 3000 3001 3002 3006 3007 3008 3009 3010 3011 VTD: 0518-1 VTD: 0518-10 001200: 1019 1020 003301: 2000 VTD: 0518-15 010601: 3003 3004 3005 3012 3013 3014 3015 3016 3017 3018 3019 3020 3023 980000: 1026 1027 1029 1030 1031 1032 1033 1034 1035 1036 1037 1045 1046 1047 1048 VTD: 0518-5 000601: 4057 4058 001200: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1014 1015 1026 1027 1032 1033 1034 1037 1038 1039 1040 1044 1045 1046 1047 1048 1053 1054 1056 1057 1058 1059 002300: 1001 1002 1003 1004 1005 1006 1007 1011 1012 1013 1017 2007 2008 2009 2010 2011 VTD: 0518-6 001200: 1011 1012 1013 1016 1017 1018 1021 1024 1025 1049 1050 1051 1052 002300: 2000 2001 2002 2003 2004 2005 003302: 1014 2000 VTD: 0518-7 010601: 3021 3022 010700: 1356 1357 1358 1359 1360 1361 1362 1363 1364 1365 1376 1377

4763

4764

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

1378 1379 1380 1381 1384 1397 1401 1408 1409 011600: 2000 2001 2014 2015 2042 2044 2059 2060 2068 2069 2070 980000: 1000 1001 1002 1003 1004 1005 1006 1008 1009 1010 1011 1012 1013 1014 1015 1016 1018 1019 1020 1021 1022 1023 1024 1025 1028 1038 1039 1040 1041 1042 1043 1044 1049 1050 1051 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1072 1077 1078 1079 1080 1081 1083 1084

District 004 Chatham County VTD: 0511-17 010102: 2001 011004: 1001 011106: 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 1037 1038 VTD: 0514-10 VTD: 0514-11 VTD: 0514-12 VTD: 0514-13 VTD: 0514-14 VTD: 0514-15 VTD: 0514-2 011106: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 VTD: 0514-4 VTD: 0514-5 VTD: 0514-6 VTD: 0514-7 VTD: 0514-8 VTD: 051XFTPU - FORT PULASKI PREC

District 005 Chatham County VTD: 0515-11

GEORGIA LAWS 2012 SESSION
VTD: 0515-2 VTD: 0515-3 VTD: 0515-4 VTD: 0515-5 VTD: 0515-6 004001: 5015 5016 004207: 1000 2000 004300: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1015 1016 1017 1018 1019 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1042 1043 1049 1051 1052 1053 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1070 1071 1072 1073 1074 1077 1078 1079 004400: 2019 2020 2021 2022 004500: 4007 4008 4009 4012 010502: 1000 1001 1002 1003 1005 1006 1007 1008 1009 2002 2003 2004 2005 2008 2009 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 010806: 4000 4001 VTD: 0515-8 VTD: 0517-10 VTD: 0517-9 VTD: 0518-12 004500: 1028 1029 1030 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 VTD: 0518-3 VTD: 0518-6 002300: 1014 1015 1016 1018 1019 1020 1021 1025 1026 1027 1028 1029 1030 2006 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026

4765

4766

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

District 006 Chatham County VTD: 0515-7 VTD: 0516-10 VTD: 0516-11 VTD: 0516-2 VTD: 0516-3 VTD: 0516-5 VTD: 0516-8 VTD: 0516-9

District 007 Chatham County VTD: 0517-12 VTD: 0517-13 VTD: 0517-14 VTD: 0517-5 010501: 1018 1019 2000 2001 2002 2003 2004 2005 2006 2015 010603: 1018 1019 1021 1022 1023 1024 1025 1026 1034 1035 1036 1037 1038 VTD: 0517-6 VTD: 0517-7 010700: 1218 1220 1232 1237 1238 1239 1240 1241 1242 1243 1244 1245 1246 1247 1248 1249 1250 1251 1252 1253 1254 1255 1256 1257 1260 1261 1262 1267 010801: 1013 1015 1016 1023 1027 1028 1044 010803: 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 2007 2008 2009 2010 2011 2012 2013 2014 2015 2018 2022 2023 2024 2025 2026 2027 2028 2029 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 VTD: 0517-8

GEORGIA LAWS 2012 SESSION
District 008 Chatham County VTD: 0517-1 010601: 4000 4001 4002 4003 4004 010603: 1004 1009 1010 1033 010700: 1329 1332 1333 1334 2041 VTD: 0517-11 VTD: 0517-3 VTD: 0517-4 VTD: 0517-5 010501: 1016 1017 010603: 1003 1005 1011 1012 1013 1014 1015 1016 1017 1020 1027 1028 1029 1030 1031 1039 1040 1041 VTD: 0517-7 010700: 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1203 1204 1210 1211 1213 1216 1217 1219 1222 1223 1224 1225 1226 1227 1228 1229 1230 1231 1233 1234 1235 1236 1258 1259 1265 1266 1308 1314 1331 1403 1404 1405 010803: 2000 2002 2003 2004 2005 2006 2016 2017 2019 2020 2021 2030 VTD: 0518-10 000601: 4015 4016 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4059 4060 4061 4062 4063 4064 4065 4066 003301: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1012 1016 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 VTD: 0518-11 VTD: 0518-12 001200: 1022 1023 003301: 1014 1015

4767

4768

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

003302: 1013 1015 2001 004500: 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 1031 1032 1033 1034 1035 1036 010501: 1035 1036 1044 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3025 3026 3027 3028 3042 3046 3047 010502: 2000 2001 VTD: 0518-13 VTD: 0518-15 010601: 4005 4006 4007 4008 4009 4010 4011 4012 5000 5001 5002 5003 5004 5005 5006 6000 6001 6002 6003 6004 6005 6006 6007 6008 6009 6010 6011 6012 6013 6014 6015 6016 6017 6018 6019 6020 6021 6022 6023 6025 6027 6028 6029 010603: 1032 VTD: 0518-7 000601: 3012 3020 3030 4017 4018 010501: 1000 1001 1002 1003 1004 010601: 6024 6026 6030 011600: 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 1036 1037 1038 1039 1040 1041 1042 1043 2057 980000: 1052 1053 1085 VTD: 0518-8 VTD: 0518-9

GEORGIA LAWS 2012 SESSION
CHATHAM COUNTY BOARD OF COMMISSIONERS NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

4769

Notice is given that there will be introduced at a January 2012 general session of the General Assembly of Georgia, a bill to amend an Act creating the board of commissioners of Chatham County, approved March 29, 1984 (Ga. L. 1984, p. 5050), as amended, for the purpose of reapportioning or otherwise changing the election districts from which members of the board of commissioners are elected; based on the United States decennial census of 2010, to provide for definitions and inclusions, to provide for submission of the Act for approval under the federal Voting Rights Act of 1965, as amended; and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lester Jackson, who on oath deposes and says that he is the Senator from District 2 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Savannah Morning News which is the official organ of Chatham County on December 11, 2011, and that the notice requirements of Code Section 28-1-14 have been met.

s/ LESTER JACKSON Lester Jackson Senator, District 2

Sworn to and subscribed before me, this 17th day of February 2012.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2015 (SEAL)

Approved April 5, 2012.

__________

4770

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

CITY OF SAVANNAH AND CHATHAM COUNTY SCHOOL SYSTEM BOARD OF EDUCATION; REDISTRICTING.

No. 463 (Senate Bill No. 481).

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 April 25, 2002 (Ga. L. 2002, p. 4166), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; 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 April 25, 2002 (Ga. L. 2002, p. 4166), is amended by revising Section 1 as follows:

"SECTION 1. (a) The Board of Public Education for the City of Savannah and the County of Chatham shall be composed of a president and eight other members, to be elected as provided in this Act. (b) For purposes of electing members of the board of education, other than the president, the City of Savannah and Chatham County School District is divided into eight education districts. One member of the board shall be elected from each such district. The eight education districts shall be and correspond to those eight numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: chathamccsbp3-S002&H161-2012 Plan Type: local Administrator: S002&H161 User: SE'.
(c)(1) For the purposes of such plan: (A) The term 'VTD' 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. The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; and (B) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical

GEORGIA LAWS 2012 SESSION

4771

boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia. (2) Any part of the City of Savannah and Chatham County School District which is not included in any district described in subsection (b) of this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (3) Any part of the City of Savannah and Chatham County School District which is described in subsection (b) of this section as being included 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 2010 for the State of Georgia."

SECTION 2. (a) Those members of the Board of Public Education for the City of Savannah and the County of Chatham who are serving as such on the effective date of this Act and any person selected to fill a vacancy in any such office shall continue to serve as such members until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors. (b) Education Districts 1, 2, 3, 4, 5, 6, 7, and 8, as they exist immediately prior to the effective date of this Act, shall continue to be designated as Education Districts 1, 2, 3, 4, 5, 6, 7, and 8, respectively, but as newly described under this Act, and on and after the effective date of this Act, such members of the board serving from those former education districts shall be deemed to be serving from and representing their respective districts as newly described under this Act.

SECTION 3. The Board of Public Education for the City of Savannah and the County of Chatham 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, no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.

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

Plan: chathamccsbp3-S002&H161-2012 Plan Type: local Administrator: S002&H161 User: SE

4772

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

District 001 Chatham County VTD: 0511-1 VTD: 0511-10 VTD: 0511-12 VTD: 0511-13 VTD: 0511-14 VTD: 0511-16 VTD: 0511-5 VTD: 0511-6 VTD: 0511-8 VTD: 0511-9 VTD: 0513-14 004002: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1018 1019 1020 1021 1022 1023 VTD: 0515-1 VTD: 0515-6 004300: 1014 1020 1021 1036 1037 1038 1039 1040 1041 1044 1045 1046 1047 1048 1050 1054 1069 1076 VTD: 0516-1 VTD: 0516-6

District 002 Chatham County VTD: 0512-11 VTD: 0512-12 VTD: 0512-2 VTD: 0512-3 VTD: 0512-4 VTD: 0512-5 VTD: 0512-7 VTD: 0512-9 VTD: 0513-10 003502: 1011 1012 1013 1014 1015 1020 1021 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 3000 3001 4006

GEORGIA LAWS 2012 SESSION
VTD: 0513-2 000900: 1031 1032 1040 1041 1042 1043 1044 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 011200: 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1018 1034 2030 2031 2039 2040 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 VTD: 0513-3 003700: 2000 2001 2002 2003 2004 2005 2006 010101: 2068 VTD: 0513-8 VTD: 0513-9 VTD: 0518-2 VTD: 0518-5 001200: 1028 1029 1030 1031 1035 1036 1041 1042 1043 1055 002300: 1000 1008 1009 1010 011400: 1004 1005 1015 1016 1028 1029 VTD: 0518-6 002300: 1022 1023 1024 1031 1032 011400: 1042 1043 1054 1055 1064
District 003 Chatham County VTD: 0511-17 011107: 1108 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 3027 3031 3032 3033 3034 3035 3036 3038 3053 3054 VTD: 0512-6 VTD: 0513-1

4773

4774

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

VTD: 0513-10 003800: 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 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 010102: 3009 VTD: 0513-11 VTD: 0513-12 VTD: 0513-13 VTD: 0513-14 003900: 2000 2001 2010 4007 4008 4009 4010 4011 4013 010200: 1000 1001 1002 1003 1004 1005 2000 2005 2006 2007 2008 2009 2013 3009 3019 VTD: 0513-15 VTD: 0513-2 000900: 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 1033 1034 1035 1036 1037 1038 1039 1045 1046 011200: 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 2032 2033 2034 2035 2036 2037 2038 2041 2042 2043 2044 2045 2046 2047 VTD: 0513-3 003601: 1007 1017 1020 1021 1025 1031 1032 1036 1038 1040 1041 1042 1043 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2016 2017 2018 2019 2020 2021 2022 2023 2024 2031 2032 2033 2034 2035 003602: 1000 1001 1003 3027 3028 010102: 1000 1001 1002 1003 1004 1020 VTD: 0513-4 VTD: 0513-5

GEORGIA LAWS 2012 SESSION
VTD: 0514-2 011107: 1022 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1106 1107 1109 3037 VTD: 0517-1 010601: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 3000 3001 3002 3006 3007 3008 3009 3010 3011 VTD: 0518-1 VTD: 0518-10 001200: 1019 1020 003301: 2000 VTD: 0518-15 010601: 3003 3004 3005 3012 3013 3014 3015 3016 3017 3018 3019 3020 3023 980000: 1026 1027 1029 1030 1031 1032 1033 1034 1035 1036 1037 1045 1046 1047 1048 VTD: 0518-5 000601: 4057 4058 001200: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1014 1015 1026 1027 1032 1033 1034 1037 1038 1039 1040 1044 1045 1046 1047 1048 1053 1054 1056 1057 1058 1059 002300: 1001 1002 1003 1004 1005 1006 1007 1011 1012 1013 1017 2007 2008 2009 2010 2011 VTD: 0518-6 001200: 1011 1012 1013 1016 1017 1018 1021 1024 1025 1049 1050 1051 1052 002300: 2000 2001 2002 2003 2004 2005

4775

4776

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

003302: 1014 2000 VTD: 0518-7 010601: 3021 3022 010700: 1356 1357 1358 1359 1360 1361 1362 1363 1364 1365 1376 1377 1378 1379 1380 1381 1384 1397 1401 1408 1409 011600: 2000 2001 2014 2015 2042 2044 2059 2060 2068 2069 2070 980000: 1000 1001 1002 1003 1004 1005 1006 1008 1009 1010 1011 1012 1013 1014 1015 1016 1018 1019 1020 1021 1022 1023 1024 1025 1028 1038 1039 1040 1041 1042 1043 1044 1049 1050 1051 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1072 1077 1078 1079 1080 1081 1083 1084

District 004 Chatham County VTD: 0511-17 010102: 2001 011004: 1001 011106: 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 1037 1038 VTD: 0514-10 VTD: 0514-11 VTD: 0514-12 VTD: 0514-13 VTD: 0514-14 VTD: 0514-15 VTD: 0514-2 011106: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 VTD: 0514-4 VTD: 0514-5 VTD: 0514-6

GEORGIA LAWS 2012 SESSION
VTD: 0514-7 VTD: 0514-8 VTD: 051XFTPU - FORT PULASKI PREC
District 005 Chatham County VTD: 0515-11 VTD: 0515-2 VTD: 0515-3 VTD: 0515-4 VTD: 0515-5 VTD: 0515-6 004001: 5015 5016 004207: 1000 2000 004300: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1015 1016 1017 1018 1019 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1042 1043 1049 1051 1052 1053 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1070 1071 1072 1073 1074 1077 1078 1079 004400: 2019 2020 2021 2022 004500: 4007 4008 4009 4012 010502: 1000 1001 1002 1003 1005 1006 1007 1008 1009 2002 2003 2004 2005 2008 2009 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 010806: 4000 4001 VTD: 0515-8 VTD: 0517-10 VTD: 0517-9 VTD: 0518-12 004500: 1028 1029 1030 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 VTD: 0518-3

4777

4778

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

VTD: 0518-6 002300: 1014 1015 1016 1018 1019 1020 1021 1025 1026 1027 1028 1029 1030 2006 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026

District 006 Chatham County VTD: 0515-7 VTD: 0516-10 VTD: 0516-11 VTD: 0516-2 VTD: 0516-3 VTD: 0516-5 VTD: 0516-8 VTD: 0516-9

District 007 Chatham County VTD: 0517-12 VTD: 0517-13 VTD: 0517-14 VTD: 0517-5 010501: 1018 1019 2000 2001 2002 2003 2004 2005 2006 2015 010603: 1018 1019 1021 1022 1023 1024 1025 1026 1034 1035 1036 1037 1038 VTD: 0517-6 VTD: 0517-7 010700: 1218 1220 1232 1237 1238 1239 1240 1241 1242 1243 1244 1245 1246 1247 1248 1249 1250 1251 1252 1253 1254 1255 1256 1257 1260 1261 1262 1267 010801: 1013 1015 1016 1023 1027 1028 1044 010803: 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 2007 2008 2009 2010 2011 2012 2013 2014 2015 2018 2022 2023

GEORGIA LAWS 2012 SESSION
2024 2025 2026 2027 2028 2029 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 VTD: 0517-8
District 008 Chatham County VTD: 0517-1 010601: 4000 4001 4002 4003 4004 010603: 1004 1009 1010 1033 010700: 1329 1332 1333 1334 2041 VTD: 0517-11 VTD: 0517-3 VTD: 0517-4 VTD: 0517-5 010501: 1016 1017 010603: 1003 1005 1011 1012 1013 1014 1015 1016 1017 1020 1027 1028 1029 1030 1031 1039 1040 1041 VTD: 0517-7 010700: 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1203 1204 1210 1211 1213 1216 1217 1219 1222 1223 1224 1225 1226 1227 1228 1229 1230 1231 1233 1234 1235 1236 1258 1259 1265 1266 1308 1314 1331 1403 1404 1405 010803: 2000 2002 2003 2004 2005 2006 2016 2017 2019 2020 2021 2030 VTD: 0518-10 000601: 4015 4016 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4059 4060 4061 4062 4063 4064 4065 4066 003301: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1012 1016 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 VTD: 0518-11

4779

4780

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

VTD: 0518-12 001200: 1022 1023 003301: 1014 1015 003302: 1013 1015 2001 004500: 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 1031 1032 1033 1034 1035 1036 010501: 1035 1036 1044 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3025 3026 3027 3028 3042 3046 3047 010502: 2000 2001 VTD: 0518-13 VTD: 0518-15 010601: 4005 4006 4007 4008 4009 4010 4011 4012 5000 5001 5002 5003 5004 5005 5006 6000 6001 6002 6003 6004 6005 6006 6007 6008 6009 6010 6011 6012 6013 6014 6015 6016 6017 6018 6019 6020 6021 6022 6023 6025 6027 6028 6029 010603: 1032 VTD: 0518-7 000601: 3012 3020 3030 4017 4018 010501: 1000 1001 1002 1003 1004 010601: 6024 6026 6030 011600: 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 1036 1037 1038 1039 1040 1041 1042 1043 2057 980000: 1052 1053 1085 VTD: 0518-8

VTD: 0518-9

GEORGIA LAWS 2012 SESSION

4781

CHATHAM BOARD OF EDUCATION NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at a January 2012 general 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, for the purpose of reapportioning or otherwise changing the election districts from which members of the board of education are selected, based on the United States decennial census of 2010, to provide for definitions and inclusions, to provide for submission of the Act for approval under the federal Voting Rights Act of 1965, as amended; and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lester Jackson, who on oath deposes and says that he is the Senator from District 2 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Savannah Morning News which is the official organ of Chatham County on December 11, 2011, and that the notice requirements of Code Section 28-1-14 have been met.

s/ LESTER JACKSON Lester Jackson Senator, District 2

Sworn to and subscribed before me, this 17th day of February 2012.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2015 (SEAL)

Approved April 5, 2012.

__________

4782

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

TOOMBS COUNTY BOARD OF EDUCATION; REDISTRICTING.

No. 464 (Senate Bill No. 519).

AN ACT

To amend an Act providing for the election of members of the Board of Education of Toombs County, approved March 31, 1987 (Ga. L. 1987, p. 5121), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5085), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of 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 for the election of members of the Board of Education of Toombs County, approved March 31, 1987 (Ga. L. 1987, p. 5121), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5085), is amended by revising subsections (b) and (c) of Section 1 as follows:
"(b) For purposes of electing members of the board of education, other than the chairperson, the Toombs County School District is divided into six education districts. One member of the board shall be elected from each such district. The six education districts shall be and correspond to those six numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: toombssb-s019-2012 Plan Type: Local Administrator: S019 User: Gina'.
(c)(1) For the purposes of such plan: (A) The term 'VTD' 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. The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; and (B) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia.
(2) Any part of the Toombs County School District which is not included in any district described in subsection (b) of this section shall be included within that district contiguous

GEORGIA LAWS 2012 SESSION

4783

to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (3) Any part of the Toombs County School District which is described in subsection (b) of this section as being included 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 2010 for the State of Georgia."

SECTION 2. (a) Those members of the Board of Education of Toombs County who are serving as such on the effective date of this Act and any person selected to fill a vacancy in any such office shall continue to serve as such members until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors. (b) Education Districts 1, 2, 3, 4, 5, and 6, as they exist on December 31, 2012, shall continue to be designated as Education Districts 1, 2, 3, 4, and 5, respectively, but as newly described under this Act, and on and after January 1, 2013, such members of the board serving from those former education districts shall be deemed to be serving from and representing their respective districts as newly described under this Act.

SECTION 3. The Board of Education of Toombs 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, not later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.

SECTION 4. This section and Section 3 of this Act and those provisions of this Act necessary for the election of members of the Board of Education of Toombs County in 2012 shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. The remaining provisions of this Act shall become effective January 1, 2013.

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

Plan: toombssb-s019-2012 Plan Type: Local Administrator: S019 User: Gina

4784

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

District 001 Toombs County VTD: 27915361 - 15361 LYONS 970100: 1077 1078 1079 1080 1081 1082 1083 1084 1085 2017 2018 2019 2020 2021 2022 2023 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2045 2046 2047 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 3046 3048 3049 3050 3051 3052 3053 970200: 2010 2011 2019 2020 2021 2022 2038 2039 2043 2045 2046 2047 2048 2049 2050 2051 2052 2069 2070 2071 970500: 1000 1006 1007 1008 1009 1010 1011 1012 1013 1016 1017 1019 1023 1030 1038

District 002 Toombs County VTD: 27915361 - 15361 LYONS 970100: 2024 2042 2043 3044 3045 970200: 2018 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2040 2041 2042 2044 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2072 2073 2074 2075 3024 3025 3026 3027 3028 3038 3039 3040 3041 3044 3045 3046 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3072 3073 970500: 1001 1002 1003 1004 1005 1014 1015 1018 1020 1021 1022 1024 1025 1026 1027 1028 1029 1031 1037 1039 1040 2000 2001 2002 2003 2004 2005 2006 2007 2024 2025 2028 2029 2030 2031 2032 2033 2034 VTD: 279511 - 511 OLD HEALTH 970200: 1037 1038 1039 1040 1041 1046 1047 1048 1063 1064 1065 1069 3000 3001 3002 3003 3004 3005 3017 3018 3019 3020 3021 3022 3023 3029 3030 3031 3032 3033 3034 3035 3036 3037 3050

GEORGIA LAWS 2012 SESSION
970300: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1019 1020 1021 1022 1023 1024 1025 1032 1056 1057 1058 1077
District 003 Toombs County VTD: 2791192 - 1192 BLUE RIDGE VTD: 27915361 - 15361 LYONS 970200: 1059 2000 2001 2007 2012 VTD: 27915362 - 15362 SANTA CLAUS 970100: 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1073 1074 1075 1076 1086 1087 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2044 3000 3001 3047 4008 4009 970200: 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1060 1061 1062 1087 1088 2002 2003 2004 2005 2006 2008 2009 2013 2014 2015 2016 2017 970500: 1036 VTD: 2791715 - 1715 NORMANTOWN
District 004 Toombs County VTD: 27915361 - 15361 LYONS 970200: 3042 3043 3059 3070 970500: 2008 2009 2018 2019 2020 2021 2023 2026 2027 2056 VTD: 27915362 - 15362 SANTA CLAUS 970100: 4021 4022 4023 4024 4025 4027 4076 4077 970200: 3051 3057 3058 970400: 4000 4002 4005 4068 4069 4070 4071 4073 4074 970500: 1032 1033 1034 1035 2010 2011 2012 2014 2015 2016 2022 2035

4785

4786

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2057 2058 2059 2060 2061 2062 2067 3001 3002 3003 3004 3012 VTD: 2791823 - 1823 CENTER 970300: 3040 3041 3047 3048 3049 3050 3051 3052 3053 3054 3061 5019 5020 5021 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 5039 5040 5041 5042 5043 5044 5045 5046 5047 5048 5050 5051 5052 5053 5054 5055 5056 5057 5058 5059 5060 5062 970400: 4011 4012 4013 4014 4015 4047 4051 4052 4053 4055 4057 4062 4063 4064 4065 4066 4067 4076 970500: 3000 3005 3006 3007 3008 3009 3010 3011 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3026 3035 3036 3039

District 005 Toombs County VTD: 2791823 - 1823 CENTER 970500: 3025 3027 3028 3029 3030 3031 3032 3033 3034 3037 3038 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 970600: 2007 2008 2009 2010 2011 2012 VTD: 27943 - 43 CEDAR CROSSING

District 006 Toombs County VTD: 2791403 - 1403 MARVIN VTD: 2791521 - 1521 HARDEN VTD: 27915362 - 15362 SANTA CLAUS 970500: 2065 2066 2068 2069 2070 2071 2072 2073 2075 2076 2077 2078 VTD: 2791770 - 1770 OHOOPEE VTD: 27939 - 39 NEWBRANCH

GEORGIA LAWS 2012 SESSION NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

4787

Notice is given that there will be introduced at the regular 2012 session of the General Assembly of Georgia a bill to amend an Act providing for the election of members of the Board of Election of Toombs County, approved March 31, 1987 (Ga. L. 1987, p. 5121), as amended; and for other purposes.

This 23rd day of February, 2012.

Kendall Brantley

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommy Williams, who on oath deposes and says that he is the Senator from District 19 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Advance which is the official organ of Spalding County on February 29, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

s/ TOMMY WILLIAMS Tommy Williams Senator, District 19

Sworn to and subscribed before me, this March 5, 2012 2012.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires Aug. 14, 2015 (SEAL)

Approved April 5, 2012.

__________

4788

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II TURNER COUNTY BOARD OF EDUCATION; REDISTRICTING.

No. 465 (Senate Bill No. 527).

AN ACT

To amend an Act to provide for the election of members of the board of education of Turner County, approved March 28, 1964 (Ga. L. 1964, p. 4862), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5349), so as to change the description of the education districts; to define certain terms and provide for certain inclusions; to provide for continuation in office of current members; to provide for related matters; to provide for the submission of this Act 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. An Act to provide for the election of members of the board of education of Turner County, approved March 28, 1964 (Ga. L. 1964, p. 4862), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5349), is amended by revising subsections (a) and (b) of Section 1 as follows:
"(a) For the purpose of electing members of the board of education of Turner County, the Turner County School District is divided into five districts. Such districts shall be and correspond to those five numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: turnerccsb-2012 Plan Type: Local Administrator: Turner Co. User: Gina'.
(b)(1) When used in such attachment, the term 'VTD' (voting tabulation district) 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. (2) The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. Any part of the Turner County School District which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (3) Any part of the Turner County School District which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be

GEORGIA LAWS 2012 SESSION

4789

included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (4) Except as otherwise provided in the description of any district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2010 for the State of Georgia."

SECTION 2. The Board of Education of Turner County which existed on December 31, 2012, is continued in existence but on and after January 1, 2013, shall be constituted as provided in this Act. The Board of Education of Turner County so continued and constituted, sometimes referred to in this Act as the "board," shall continue to have the powers, duties, rights, obligations, and liabilities of that board as existed immediately prior to January 1, 2013.

SECTION 3. The Board of Education of Turner 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, no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 2012, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety.

SECTION 4. The provisions of this Act relating to and necessary for the regular election in 2012 of members of the Board of Education of Turner County shall become effective upon its approval by the Governor or upon its becoming effective without such approval; and this Act shall otherwise become effective January 1, 2013.

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

Plan: turnerccsb-2012 Plan Type: Local Administrator: Turner Co. User: Gina

4790

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

District 001 Turner County VTD: 2871 - ASHBURN 970200: 1061 1062 1068 2151 2152 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 3032 3033 3034 3035 3036 3037 3038 3039 4012 4013 4014 4015 4016 4017 4018 4019 4020 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4049 4050 4051 4052 4053 5021 5022 5023 5029 5039 5040 5041 5045 5046 5047 5048 5049 5050

District 002 Turner County VTD: 2871 - ASHBURN 970200: 2130 2132 3030 3031 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4021 4022 4023 4024 4025 4026 4027 4028 4029 4044 4045 4046 4047 4048 5031 5032 5033 5034 5035 5036 5037 5038 5044 5051 5052 5055 5056 5064 5066 5067 5068 5069 5070 970300: 1006 1007 1008 1009 1010 1011 VTD: 2872 - SYCAMORE 970300: 1000 1001 1002 1003 1004 1005 1012 1013 1014 1021 1022 1023 1024 1025 1035 1045 1101 1102 1104 1105 1106 1107 1108 2061 2062 2063 2064 2065 2066 2067 2068 2069 2131

District 003 Turner County VTD: 2871 - ASHBURN 970200: 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 1063 1064 1076 1085 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 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080

GEORGIA LAWS 2012 SESSION
2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2125 2126 2127 2128 2129 2131 2133 2134 2135 2136 2137 2138 2139 2140 2141 2142 2143 2144 2145 2146 2147 2148 2149 2150 2153 2154 2155 2156 2157 2158 2159 2160 2161 2162 2163 2164 2165 2166 2167 2168 2169 2170 2171 2172 2173 2174 2175 2176 2177 2178 2179 2180 2181 2182 2183 2184 2185 2186 2187 2188 2189 2192 2197 2198 2199 2202 2203 2204 2205 2206 2207 VTD: 2872 - SYCAMORE 970200: 2190 2191 2193 2194 2195 2196 2200 2201 970300: 1109 4036 4037 4038 4039 4040 4041 4042 4043 4044 4049 4050 4051 4052 4053 4055 4056 4057 4058 4059 4060 4061 4062 4063 4064 4065 4066 4067 4068 4069 4070 4071 4072 4073 4074 4150 4151 4152 4153 4154 4155 4156 4157 4158 4160 4161
District 004 Turner County VTD: 2871 - ASHBURN 970200: 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 1065 1066 1067 1069 1070 1071 1072 1073 1074 1075 1077 1078 1079 1080 1081 1082 1083 1084 2000 2001 2002 2003 2004 2005 2034 2035 2055 2056 2057 2058 2059 2060 2061 2062 5000 5001 5005 5006 5007 5008 5009 5010 5012 5013 5014 5015 5016 5017 5018 5019 5020 5024 5025 5026 5027 5028 5030 5042 5043 5053 5054 5057 5058 5059 5060 5061 5063 5065 5071 VTD: 2872 - SYCAMORE 970200: 5002 5003 5004 5011 5062 970300: 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 2035 2037 2038 2054 2124 2130 VTD: 2873 - REBECCA

4791

4792

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

District 005 Turner County VTD: 2872 - SYCAMORE 970300: 1015 1016 1017 1018 1019 1020 1026 1027 1028 1029 1030 1031 1032 1033 1034 1036 1037 1038 1039 1040 1041 1042 1043 1044 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 1103 2036 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2055 2056 2057 2058 2059 2060 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2125 2126 2127 2128 2129 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 4045 4046 4047 4048 4054 4075 4076 4077 4078 4079 4080 4081 4082 4083 4084 4085 4086 4087 4088 4089 4090 4091 4092 4093 4094 4095 4096 4097 4098 4099 4100 4101 4102 4103 4104 4105 4106 4107 4108 4109 4110 4111 4112 4113 4114 4115 4116 4117 4118 4119 4120 4121 4122 4123 4124 4125 4126 4127 4128 4129 4130 4131 4132 4133 4134 4135 4136 4137 4138 4139 4140 4141 4142 4143 4144 4145 4146 4147 4148 4149 4159 4162 4163 4164 4165 4166

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2012 session of the General Assembly of Georgia a bill to amend an Act to provide for the election of members of the board of education of Turner County, approved March 28, 1964 (Ga. L, 1964, p. 4862), as amended, and for other purposes.
This 7th day of March, 2012
Board of Education of Turner County, Georgia

GEORGIA LAWS 2012 SESSION GEORGIA, FULTON COUNTY

4793

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Crosby, who on oath deposes and says that he is the Senator from District 13 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Wiregrass Farmer which is the official organ of Turner County on March 7, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

s/ JOHN CROSBY John Crosby Senator, District 13

Sworn to and subscribed before me, this 14th day of March 2012.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2015 (SEAL)

Approved April 5, 2012.

__________

TURNER COUNTY BOARD OF COMMISSIONERS; REDISTRICTING.

No. 466 (Senate Bill No. 528).

AN ACT

To amend an Act creating a board of commissioners of Turner County, approved August 18, 1927 (Ga. L. 1927, p. 702), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4992), so as to change the description of the commissioner districts; to define certain terms and provide for certain inclusions; to provide for continuation in office of current members; to provide for related matters; to provide for the submission of this Act 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:

4794

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 1. An Act creating a board of commissioners of Turner County, approved August 18, 1927 (Ga. L. 1927, p. 702), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4992), is amended by revising subsections (a) and (b) of Section 1 as follows:
"(a) For the purpose of electing members of the board of commissioners of Turner County, Turner County is divided into five commissioner districts. Such districts shall be and correspond to those five numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: turnerccsb-2012 Plan Type: Local Administrator: Turner Co. User: Gina'.
(b)(1) When used in such attachment, the term 'VTD' (voting tabulation district) 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. (2) The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. Any part of Turner County which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (3) Any part of Turner 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 2010 for the State of Georgia. (4) Except as otherwise provided in the description of any district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2010 for the State of Georgia."

SECTION 2. The Board of Commissioners of Turner County which existed on December 31, 2012, is continued in existence but on and after January 1, 2013, shall be constituted as provided in this Act. The Board of Commissioners of Turner County so continued and constituted, sometimes referred to in this Act as the "board," shall continue to have the powers, duties, rights, obligations, and liabilities of that board as existed immediately prior to January 1, 2013.

GEORGIA LAWS 2012 SESSION

4795

SECTION 3. The Board of Commissioners of Turner 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, no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 2012, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety.

SECTION 4. The provisions of this Act relating to and necessary for the regular election in 2012 of members of the Board of Commissioners of Turner County shall become effective upon its approval by the Governor or upon its becoming effective without such approval; and this Act shall otherwise become effective January 1, 2013.

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

Plan: turnerccsb-2012 Plan Type: Local Administrator: Turner Co. User: Gina

District 001 Turner County VTD: 2871 - ASHBURN 970200: 1061 1062 1068 2151 2152 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 3032 3033 3034 3035 3036 3037 3038 3039 4012 4013 4014 4015 4016 4017 4018 4019 4020 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4049 4050 4051 4052 4053 5021 5022 5023 5029 5039 5040 5041 5045 5046 5047 5048 5049 5050

District 002 Turner County VTD: 2871 - ASHBURN 970200: 2130 2132 3030 3031 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4021 4022 4023 4024 4025 4026 4027 4028

4796

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

4029 4044 4045 4046 4047 4048 5031 5032 5033 5034 5035 5036 5037 5038 5044 5051 5052 5055 5056 5064 5066 5067 5068 5069 5070 970300: 1006 1007 1008 1009 1010 1011 VTD: 2872 - SYCAMORE 970300: 1000 1001 1002 1003 1004 1005 1012 1013 1014 1021 1022 1023 1024 1025 1035 1045 1101 1102 1104 1105 1106 1107 1108 2061 2062 2063 2064 2065 2066 2067 2068 2069 2131

District 003 Turner County VTD: 2871 - ASHBURN 970200: 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 1063 1064 1076 1085 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 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2125 2126 2127 2128 2129 2131 2133 2134 2135 2136 2137 2138 2139 2140 2141 2142 2143 2144 2145 2146 2147 2148 2149 2150 2153 2154 2155 2156 2157 2158 2159 2160 2161 2162 2163 2164 2165 2166 2167 2168 2169 2170 2171 2172 2173 2174 2175 2176 2177 2178 2179 2180 2181 2182 2183 2184 2185 2186 2187 2188 2189 2192 2197 2198 2199 2202 2203 2204 2205 2206 2207 VTD: 2872 - SYCAMORE 970200: 2190 2191 2193 2194 2195 2196 2200 2201 970300: 1109 4036 4037 4038 4039 4040 4041 4042 4043 4044 4049 4050 4051 4052 4053 4055 4056 4057 4058 4059 4060 4061 4062 4063 4064 4065 4066 4067 4068 4069 4070 4071 4072 4073 4074 4150 4151 4152 4153 4154 4155 4156 4157 4158 4160 4161

GEORGIA LAWS 2012 SESSION
District 004 Turner County VTD: 2871 - ASHBURN 970200: 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 1065 1066 1067 1069 1070 1071 1072 1073 1074 1075 1077 1078 1079 1080 1081 1082 1083 1084 2000 2001 2002 2003 2004 2005 2034 2035 2055 2056 2057 2058 2059 2060 2061 2062 5000 5001 5005 5006 5007 5008 5009 5010 5012 5013 5014 5015 5016 5017 5018 5019 5020 5024 5025 5026 5027 5028 5030 5042 5043 5053 5054 5057 5058 5059 5060 5061 5063 5065 5071 VTD: 2872 - SYCAMORE 970200: 5002 5003 5004 5011 5062 970300: 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 2035 2037 2038 2054 2124 2130 VTD: 2873 - REBECCA
District 005 Turner County VTD: 2872 - SYCAMORE 970300: 1015 1016 1017 1018 1019 1020 1026 1027 1028 1029 1030 1031 1032 1033 1034 1036 1037 1038 1039 1040 1041 1042 1043 1044 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 1103 2036 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2055 2056 2057 2058 2059 2060 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2125 2126 2127 2128 2129 4000 4001 4002 4003 4004 4005 4006

4797

4798

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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 4045 4046 4047 4048 4054 4075 4076 4077 4078 4079 4080 4081 4082 4083 4084 4085 4086 4087 4088 4089 4090 4091 4092 4093 4094 4095 4096 4097 4098 4099 4100 4101 4102 4103 4104 4105 4106 4107 4108 4109 4110 4111 4112 4113 4114 4115 4116 4117 4118 4119 4120 4121 4122 4123 4124 4125 4126 4127 4128 4129 4130 4131 4132 4133 4134 4135 4136 4137 4138 4139 4140 4141 4142 4143 4144 4145 4146 4147 4148 4149 4159 4162 4163 4164 4165 4166

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2012 session of the General Assembly of Georgia a bill to amend an Act creating a board of commissioners of Turner County, approved August 18, 1927 (Ga. L. 1927, p. 702), as amended; and for other purposes.
This 7th day of March, 2012.
Board of Commissioners of Turner County, Georgia
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Crosby, who on oath deposes and says that he is the Senator from District 13 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Wiregrass Farmer which is the official organ of Turner County on March 7, 2012, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JOHN CROSBY John Crosby Senator, District 13
Sworn to and subscribed before me, this 14th day of March 2012.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia

GEORGIA LAWS 2012 SESSION
My Commission Expires Aug. 25, 2015 (SEAL)

4799

Approved April 5, 2012.

__________

BIBB COUNTY BOARD OF EDUCATION; REDISTRICTING.

No. 467 (House Bill No. 963).

AN ACT

To amend an Act establishing the Board of Public Education for Bibb County, approved August 23, 1872 (Ga. L. 1872, p. 388), as amended, so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act establishing the Board of Public Education for Bibb County, approved August 23, 1872 (Ga. L. 1872, p. 388), as amended, is amended by revising Section 2E as follows:

"SECTION 2E. (a) For purposes of electing members of the board of public education, other than the at-large members, the Bibb County School District is divided into six education districts which shall correspond to Posts 1 through 6. The six education districts shall be and correspond to those six numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: bibbsbR-2012-s018 Plan Type: Local Administrator: s018 User: Gina'.
(b)(1) For the purposes of such plan: (A) The term 'VTD' 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. The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; and (B) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical

4800

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia. (2) Any part of the Bibb County School District which is not included in any district described in subsection (a) of this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (3) Any part of the Bibb County School District which is described in subsection (a) of this section as being included 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 2010 for the State of Georgia."

SECTION 2. The Board of Education of Bibb County which existed on December 31, 2012, is continued in existence but on and after January 1, 2013, shall be constituted as provided in this Act. The Board of Education of Bibb County so continued and constituted, sometimes referred to in this Act as the 'board,' shall continue to have the powers, duties, rights, obligations, and liabilities of that board as existed immediately prior to January 1, 2013.

SECTION 3. The Board of Education of Bibb County shall through its legal counsel submit this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, within 30 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.

SECTION 4. The provisions of this Act relating to and necessary for the regular election in 2012 of members of the Board of Bibb County shall become effective upon its approval by the Governor or upon its becoming effective without such approval; and this Act shall otherwise become effective January 1, 2013.

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

Plan: bibbsbR-2012-s018 Plan Type: Local Administrator: s018 User: Gina

GEORGIA LAWS 2012 SESSION
District 001 Bibb County VTD: 021EM1 - EAST MACON 1 VTD: 021EM2 - EAST MACON 2 VTD: 021EM3 - EAST MACON 3 VTD: 021EM4 - EAST MACON 4 VTD: 021EM5 - EAST MACON 5 VTD: 021EM6 - EAST MACON 6 VTD: 021HO5 - HOWARD 5 VTD: 021VV8 - VINEVILLE 8
District 002 Bibb County VTD: 021GF1 - GODFREY 1 VTD: 021GF2 - GODFREY 2 VTD: 021GF3 - GODFREY 3 010400: 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 4028 4029 4034 4035 012500: 3018 3019 012600: 2006 2017 2018 2019 VTD: 021GF4 - GODFREY 4 012700: 2006 2007 2010 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 012800: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1011 1012 1013 1014 1015 1016 1017 1018 1020 VTD: 021GF6 - GODFREY 6 VTD: 021VV1 - VINEVILLE 1 VTD: 021VV2 - VINEVILLE 2
District 003 Bibb County VTD: 021GF4 - GODFREY 4 012800: 1010 1019

4801

4802

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

012900: 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 2008 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 013900: 1152 1153 1154 1170 1171 1179 1180 1181 1182 1183 1184 1185 1186 1187 1188 1191 1226 VTD: 021GF5 - GODFREY 5 VTD: 021GF7 - GODFREY 7 VTD: 021RU1 - RUTLAND 1 VTD: 021RU2 - RUTLAND 2 VTD: 021WA2 - WARRIOR 2 013101: 1073 1074 1075 013603: 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 2046 013604: 1010 1011 1012 1013 1014 1016 1017

District 004 Bibb County VTD: 021HA2 - HAZZARD 2 VTD: 021HA3 - HAZZARD 3 013101: 1069 1070 013201: 2052 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4023 4024 4025 4032 4041 4042 4043 013603: 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 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 013604: 2000 2001 2019 2020 2028 2029 2030 3000 3001 3002 3005

GEORGIA LAWS 2012 SESSION
013606: 1010 1011 4009 4010 4011 4012 4013 4014 4015 4016 4017 4019 VTD: 021HA4 - HAZZARD 4 VTD: 021HA6 - HAZZARD 6 VTD: 021HA7 - HAZZARD 7 VTD: 021HO2 - HOWARD 2 013410: 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2026 2028 3005 3006 3007 3008 3009 3010 3011 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3031 VTD: 021WA1 - WARRIOR 1 VTD: 021WA2 - WARRIOR 2 013604: 1015 1020 3003 3004 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018
District 005 Bibb County VTD: 021GF3 - GODFREY 3 010400: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 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 4030 4031 4032 4033 4036 4037 4038 4039 4040 4041 4042 4043 012500: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3024 3025 3028 3029 3030 3031 3032 3033 VTD: 021HA1 - HAZZARD 1 VTD: 021HA5 - HAZZARD 5 VTD: 021HO4 - HOWARD 4 VTD: 021VV3 - VINEVILLE 3 VTD: 021VV4 - VINEVILLE 4 VTD: 021VV5 - VINEVILLE 5 012200: 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2055 2056

4803

4804

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

012400: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1016 1017 1018 1019 1020 1021 1022 1023 1028 VTD: 021VV6 - VINEVILLE 6 VTD: 021VV7 - VINEVILLE 7

District 006 Bibb County VTD: 021HA3 - HAZZARD 3 013201: 2000 2001 2002 2003 2005 2006 2007 2008 2009 2010 2011 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2034 2053 2054 2055 013410: 2022 2027 013605: 1005 1006 1007 1008 1010 1011 013606: 4000 4001 4002 4003 4004 4005 4006 4007 4008 VTD: 021HO1 - HOWARD 1 VTD: 021HO2 - HOWARD 2 012101: 1002 1003 1005 1006 1007 1009 1010 1019 1025 1033 1034 1035 1036 1037 1038 1047 1048 1049 1050 012200: 2011 2057 013201: 2014 2015 2016 013410: 1008 1009 1010 1011 1014 1015 1016 1017 1020 1022 1023 1024 1025 1026 1027 1030 1031 1032 1035 1036 1039 2000 2001 2002 2003 2004 2005 2023 2024 2025 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2046 2056 2057 2058 2059 2060 2061 2062 2063 3012 VTD: 021HO3 - HOWARD 3 VTD: 021HO6 - HOWARD 6 VTD: 021HO7 - HOWARD 7 VTD: 021HO8 - HOWARD 8 VTD: 021HO9 - HOWARD 9 VTD: 021VV5 - VINEVILLE 5

GEORGIA LAWS 2012 SESSION
012200: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2054 012400: 1009 1010 1011 1012 1013 1014 1015 1025 1026 1027 1029

4805

GEORGIA, BIBB COUNTY
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2012 session of the General Assembly of Georgia a bill to amend an Act providing for districts for the election of the Board of Public Education for Bibb County, approved August 23, 1872, (Ga. L. 1872, p. 388), as amended, so as to change provisions relating to education districts for the board; to provide for submission of this Act to the United States Department of Justice; to provide for related matters; and for other purposes.
/s/ WIlliam T. Barnes III President, Bibb County Board of Education
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Nikki Randall, who on oath deposes and says that she is the Representative from District 138 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Macon Telegraph which is the official organ of Bibb County on January 21, 2012, and that the notice requirements of Code Section 28-1-14 have been met.
s/ NIKKI RANDALL Nikki Randall Representative, District 138
Sworn to and subscribed before me, this 6th day of February 2012.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia

4806

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

My Commission Expires Aug. 25, 2015 (SEAL)

Approved April 5, 2012.

__________

CITY OF SAVANNAH AND CHATHAM COUNTY SCHOOL SYSTEM BOARD OF EDUCATION; REDISTRICTING.

No. 468 (House Bill No. 999).

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 April 25, 2002 (Ga. L. 2002, p. 4166), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; 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 April 25, 2002 (Ga. L. 2002, p. 4166), is amended by revising Section 1 as follows:

"SECTION 1. (a) The Board of Public Education for the City of Savannah and the County of Chatham shall be composed of a president and eight other members, to be elected as provided in this Act. (b) For purposes of electing members of the board of education, other than the president, the City of Savannah and Chatham County School District is divided into eight education districts. One member of the board shall be elected from each such district. The eight education districts shall be and correspond to those eight numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: chathamccsbp3-S002&H161-2012 Plan Type: local Administrator: S002&H161 User: SE'.
(c)(1) For the purposes of such plan: (A) The term 'VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial

GEORGIA LAWS 2012 SESSION

4807

census of 2010 for the State of Georgia. The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; and (B) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia. (2) Any part of the City of Savannah and Chatham County School District which is not included in any district described in subsection (b) of this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (3) Any part of the City of Savannah and Chatham County School District which is described in subsection (b) of this section as being included 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 2010 for the State of Georgia."

SECTION 2. (a) Those members of the Board of Public Education for the City of Savannah and the County of Chatham who are serving as such on the effective date of this Act and any person selected to fill a vacancy in any such office shall continue to serve as such members until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors. (b) Education Districts 1, 2, 3, 4, 5, 6, 7, and 8, as they exist immediately prior to the effective date of this Act, shall continue to be designated as Education Districts 1, 2, 3, 4, 5, 6, 7, and 8, respectively, but as newly described under this Act, and on and after the effective date of this Act, such members of the board serving from those former education districts shall be deemed to be serving from and representing their respective districts as newly described under this Act.

SECTION 3. The Board of Public Education for the City of Savannah and the County of Chatham 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, 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.

4808

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Plan: chathamccsbp3-S002&H161-2012 Plan Type: local Administrator: S002&H161 User: SE

District 001 Chatham County VTD: 0511-1 VTD: 0511-10 VTD: 0511-12 VTD: 0511-13 VTD: 0511-14 VTD: 0511-16 VTD: 0511-5 VTD: 0511-6 VTD: 0511-8 VTD: 0511-9 VTD: 0513-14 004002: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1018 1019 1020 1021 1022 1023 VTD: 0515-1 VTD: 0515-6 004300: 1014 1020 1021 1036 1037 1038 1039 1040 1041 1044 1045 1046 1047 1048 1050 1054 1069 1076 VTD: 0516-1 VTD: 0516-6

District 002 Chatham County VTD: 0512-11 VTD: 0512-12 VTD: 0512-2 VTD: 0512-3 VTD: 0512-4 VTD: 0512-5 VTD: 0512-7 VTD: 0512-9 VTD: 0513-10

GEORGIA LAWS 2012 SESSION
003502: 1011 1012 1013 1014 1015 1020 1021 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 3000 3001 4006 VTD: 0513-2 000900: 1031 1032 1040 1041 1042 1043 1044 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 011200: 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1018 1034 2030 2031 2039 2040 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 VTD: 0513-3 003700: 2000 2001 2002 2003 2004 2005 2006 010101: 2068 VTD: 0513-8 VTD: 0513-9 VTD: 0518-2 VTD: 0518-5 001200: 1028 1029 1030 1031 1035 1036 1041 1042 1043 1055 002300: 1000 1008 1009 1010 011400: 1004 1005 1015 1016 1028 1029 VTD: 0518-6 002300: 1022 1023 1024 1031 1032 011400: 1042 1043 1054 1055 1064
District 003 Chatham County VTD: 0511-17 011107: 1108 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022

4809

4810

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

3023 3024 3025 3027 3031 3032 3033 3034 3035 3036 3038 3053 3054 VTD: 0512-6 VTD: 0513-1 VTD: 0513-10 003800: 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 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 010102: 3009 VTD: 0513-11 VTD: 0513-12 VTD: 0513-13 VTD: 0513-14 003900: 2000 2001 2010 4007 4008 4009 4010 4011 4013 010200: 1000 1001 1002 1003 1004 1005 2000 2005 2006 2007 2008 2009 2013 3009 3019 VTD: 0513-15 VTD: 0513-2 000900: 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 1033 1034 1035 1036 1037 1038 1039 1045 1046 011200: 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 2032 2033 2034 2035 2036 2037 2038 2041 2042 2043 2044 2045 2046 2047 VTD: 0513-3 003601: 1007 1017 1020 1021 1025 1031 1032 1036 1038 1040 1041 1042 1043 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2016 2017 2018 2019 2020 2021 2022 2023 2024 2031 2032 2033 2034 2035 003602: 1000 1001 1003 3027 3028

GEORGIA LAWS 2012 SESSION
010102: 1000 1001 1002 1003 1004 1020 VTD: 0513-4 VTD: 0513-5 VTD: 0514-2 011107: 1022 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1106 1107 1109 3037 VTD: 0517-1 010601: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 3000 3001 3002 3006 3007 3008 3009 3010 3011 VTD: 0518-1 VTD: 0518-10 001200: 1019 1020 003301: 2000 VTD: 0518-15 010601: 3003 3004 3005 3012 3013 3014 3015 3016 3017 3018 3019 3020 3023 980000: 1026 1027 1029 1030 1031 1032 1033 1034 1035 1036 1037 1045 1046 1047 1048 VTD: 0518-5 000601: 4057 4058 001200: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1014 1015 1026 1027 1032 1033 1034 1037 1038 1039 1040 1044 1045 1046 1047 1048 1053 1054 1056 1057 1058 1059 002300: 1001 1002 1003 1004 1005 1006 1007 1011 1012 1013 1017 2007 2008 2009 2010 2011 VTD: 0518-6

4811

4812

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

001200: 1011 1012 1013 1016 1017 1018 1021 1024 1025 1049 1050 1051 1052 002300: 2000 2001 2002 2003 2004 2005 003302: 1014 2000 VTD: 0518-7 010601: 3021 3022 010700: 1356 1357 1358 1359 1360 1361 1362 1363 1364 1365 1376 1377 1378 1379 1380 1381 1384 1397 1401 1408 1409 011600: 2000 2001 2014 2015 2042 2044 2059 2060 2068 2069 2070 980000: 1000 1001 1002 1003 1004 1005 1006 1008 1009 1010 1011 1012 1013 1014 1015 1016 1018 1019 1020 1021 1022 1023 1024 1025 1028 1038 1039 1040 1041 1042 1043 1044 1049 1050 1051 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1072 1077 1078 1079 1080 1081 1083 1084

District 004 Chatham County VTD: 0511-17 010102: 2001 011004: 1001 011106: 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 1037 1038 VTD: 0514-10 VTD: 0514-11 VTD: 0514-12 VTD: 0514-13 VTD: 0514-14 VTD: 0514-15 VTD: 0514-2

GEORGIA LAWS 2012 SESSION
011106: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 VTD: 0514-4 VTD: 0514-5 VTD: 0514-6 VTD: 0514-7 VTD: 0514-8 VTD: 051XFTPU - FORT PULASKI PREC
District 005 Chatham County VTD: 0515-11 VTD: 0515-2 VTD: 0515-3 VTD: 0515-4 VTD: 0515-5 VTD: 0515-6 004001: 5015 5016 004207: 1000 2000 004300: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1015 1016 1017 1018 1019 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1042 1043 1049 1051 1052 1053 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1070 1071 1072 1073 1074 1077 1078 1079 004400: 2019 2020 2021 2022 004500: 4007 4008 4009 4012 010502: 1000 1001 1002 1003 1005 1006 1007 1008 1009 2002 2003 2004 2005 2008 2009 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 010806: 4000 4001 VTD: 0515-8 VTD: 0517-10

4813

4814

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

VTD: 0517-9 VTD: 0518-12 004500: 1028 1029 1030 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 VTD: 0518-3 VTD: 0518-6 002300: 1014 1015 1016 1018 1019 1020 1021 1025 1026 1027 1028 1029 1030 2006 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026

District 006 Chatham County VTD: 0515-7 VTD: 0516-10 VTD: 0516-11 VTD: 0516-2 VTD: 0516-3 VTD: 0516-5 VTD: 0516-8 VTD: 0516-9

District 007 Chatham County VTD: 0517-12 VTD: 0517-13 VTD: 0517-14 VTD: 0517-5 010501: 1018 1019 2000 2001 2002 2003 2004 2005 2006 2015 010603: 1018 1019 1021 1022 1023 1024 1025 1026 1034 1035 1036 1037 1038 VTD: 0517-6 VTD: 0517-7 010700: 1218 1220 1232 1237 1238 1239 1240 1241 1242 1243 1244 1245 1246 1247 1248 1249 1250 1251 1252 1253 1254 1255 1256 1257 1260 1261 1262 1267

GEORGIA LAWS 2012 SESSION
010801: 1013 1015 1016 1023 1027 1028 1044 010803: 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 2007 2008 2009 2010 2011 2012 2013 2014 2015 2018 2022 2023 2024 2025 2026 2027 2028 2029 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 VTD: 0517-8
District 008 Chatham County VTD: 0517-1 010601: 4000 4001 4002 4003 4004 010603: 1004 1009 1010 1033 010700: 1329 1332 1333 1334 2041 VTD: 0517-11 VTD: 0517-3 VTD: 0517-4 VTD: 0517-5 010501: 1016 1017 010603: 1003 1005 1011 1012 1013 1014 1015 1016 1017 1020 1027 1028 1029 1030 1031 1039 1040 1041 VTD: 0517-7 010700: 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1203 1204 1210 1211 1213 1216 1217 1219 1222 1223 1224 1225 1226 1227 1228 1229 1230 1231 1233 1234 1235 1236 1258 1259 1265 1266 1308 1314 1331 1403 1404 1405 010803: 2000 2002 2003 2004 2005 2006 2016 2017 2019 2020 2021 2030 VTD: 0518-10 000601: 4015 4016 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4059 4060 4061 4062 4063 4064 4065 4066

4815

4816

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

003301: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1012 1016 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 VTD: 0518-11 VTD: 0518-12 001200: 1022 1023 003301: 1014 1015 003302: 1013 1015 2001 004500: 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 1031 1032 1033 1034 1035 1036 010501: 1035 1036 1044 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3025 3026 3027 3028 3042 3046 3047 010502: 2000 2001 VTD: 0518-13 VTD: 0518-15 010601: 4005 4006 4007 4008 4009 4010 4011 4012 5000 5001 5002 5003 5004 5005 5006 6000 6001 6002 6003 6004 6005 6006 6007 6008 6009 6010 6011 6012 6013 6014 6015 6016 6017 6018 6019 6020 6021 6022 6023 6025 6027 6028 6029 010603: 1032 VTD: 0518-7 000601: 3012 3020 3030 4017 4018 010501: 1000 1001 1002 1003 1004 010601: 6024 6026 6030 011600: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011

GEORGIA LAWS 2012 SESSION
1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1036 1037 1038 1039 1040 1041 1042 1043 2057 980000: 1052 1053 1085 VTD: 0518-8 VTD: 0518-9

4817

CHATHAM COUNTY BOARD OF EDUCATION NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at a January 2012 general 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, for the purpose of reapportioning or otherwise changing the election districts from which members of the board of education are selected, based on the United States decennial census of 2010, to provide for definitions and inclusions, to provide for submission of the Act for approval under the federal Voting Rights Act of 1965, as amended; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ron Stephens, who on oath deposes and says that he is the Representative from District 164 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Savannah Morning News which is the official organ of Chatham County on December 11, 2011, and that the notice requirements of Code Section 28-1-14 have been met.
s/ RON STEPHENS Ron Stephens Representative, District 164
Sworn to and subscribed before me, this 30th day of January 2012.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia

4818

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

My Commission Expires Aug. 25, 2015 (SEAL)

Approved April 5, 2012.

__________

BARTOW COUNTY BOARD OF EDUCATION; REDISTRICTING.

No. 469 (House Bill No. 1041).

AN ACT

To amend an Act providing for the Board of Education of Bartow County, approved March 30, 1987 (Ga. L. 1987, p. 4915), as amended, particularly by an Act approved April 18, 2002 (Ga. L. 2002, p. 3999), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to 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 for the Board of Education of Bartow County, approved March 30, 1987 (Ga. L. 1987, p. 4915), as amended, particularly by an Act approved April 18, 2002 (Ga. L. 2002, p. 3999), is amended by revising subsections (b), (c), and (c.1) of Section 3 as follows:
"(b) For purposes of electing members of the board of education, the Bartow County School District is divided into five education districts. One member of the board shall be elected from each such district. The five education districts shall be and correspond to those five numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: bartowsb-2012 Plan Type: local Administrator: Bartow SB User: SE'.
(c)(1) For the purposes of such plan: (A) The term 'VTD' 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. The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; and

GEORGIA LAWS 2012 SESSION

4819

(B) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia. (2) Any part of the Bartow County School District which is not included in any district described in subsection (b) of this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (3) Any part of the Bartow County School District which is described in subsection (b) of this section as being included 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 2010 for the State of Georgia. (c.1) Education Districts 1, 2, 3, 4, and 5, as they existed immediately prior to the effective date of this subsection, shall continue to be designated as Education Districts 1, 2, 3, 4, and 5, respectively, but as newly described under subsection (b) of this section, and on and after the effective date of this subsection, such members of the board serving from those former education districts shall be deemed to be serving from and representing their respective districts as newly described under subsection (b) of this section."

SECTION 2. Those members of the Board of Education of Bartow County who are serving as such on the effective date of this Act and any person elected 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.

SECTION 3. The Board of Education of Bartow 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, not later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.

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

Plan: bartowsb-2012 Plan Type: local Administrator: Bartow SB User: SE

4820

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

District 001 Bartow County VTD: 01503 - CARTERSVILLE EAST 960401: 2012 2016 2025 2095 2103 2104 2105 960402: 3009 3015 3017 3099 3103 960500: 2003 2004 2005 2008 2010 3030 VTD: 01506 - CENTER 960102: 1003 1004 1005 1007 1009 1012 1023 1024 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1054 960402: 3032 960700: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1027 1029 1042 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1130 1134 1135 1140 VTD: 01512 - PINE LOG VTD: 01515 - WHITE VTD: 01516 - ZENA DRIVE 960102: 1043 1044 1045 1050 1051 1052 1053 960401: 2000 2001 2006 2007 2008 2009 2010 2017 2018 2019 2020 2021 2022 2023 2024 2027 2032 2033 2034 2035 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2061 2064 2065 2077 2078 2081 2084 2085 2097 2098 2099 2100 2101 2102 2108 2109 2110 960402: 1029 1030 1031 1041 1044 1049 1050 1051 1052 1055 1061 1076 1078 1079 1080 1081 1086 1090 1091 1092 1093 1094 1095 1096 3006 3008 3011 3012 3013 3014 3016 3018 3019 3020 3021 3022 3024 3025 3026 3027 3028 3029 3033 3034 3035 3036 3037 3038 3045 3050 3104 3105 960500: 1000 1001 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012

GEORGIA LAWS 2012 SESSION
1015 1016 1018 1019 1020 1021 1022 1023 1034 1036 1037 1038 1039 1040 1041 1042 1043 1047 1048 1049 1051 2000 2001 2002 2011 2012 2013 2023 2024 2025 2029 2031 4031 4032 960700: 3004 3005 3051 3052
District 002 Bartow County VTD: 01502 - ALLATOONA VTD: 01503 - CARTERSVILLE EAST 960700: 1077 3024 VTD: 01504 - CARTERSVILLE WEST 960600: 5032 5068 5070 5073 VTD: 01506 - CENTER 960402: 3030 3031 3042 3043 3044 3046 3047 3048 3049 3058 960700: 1024 1025 1026 1030 1031 1032 1034 1037 1038 1040 1041 1043 1044 1065 1066 1067 1076 1078 1079 1080 1081 1082 1083 1116 1117 1138 1139 VTD: 01507 - EMERSON 960600: 5083 5091 960802: 2010 2024 2025 2039 960803: 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 1066 1067 1071 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 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 1161

4821

4822

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

1162 1163 1164 1165 1166 1167 1168 1169 1170 1172 1173 1174 1175 1176 1177 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 2039 2040 3000 3001 3002 3004 3005 3006 3010 3011 3015 3017 3018 3019 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3054 3057 3063 3064 3065 3066 3068 3069 3076 3096 3099 3100 3101 3102 3105 3106 3107 3108 3109 3111 3112 3115 3117 3118 3119 3120 3121 3122 3123 3124 3125 3126 3127 3128 3129 3130 3131 3132 3133 3134 3136 3137 3138 3139 3140 3141 3142 3144 3145 3147 3149 3150 3151 VTD: 01511 - MISSION ROAD 960600: 1057 1058 5065 5067 5080 5081 5082 5085 5086 5093 5096 6018 6023 VTD: 01514 - TAYLORSVILLE 960901: 2047 2066 2067 2068 2069 2070 2071 2072 961000: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1019 1020 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 4081 4082 4083 4084 4085 4091 VTD: 01516 - ZENA DRIVE 960401: 2057 2058 2062 2066 2067 2071 2072 2073 2074 2087 2089 2090 2112 960402: 3023 3056 3057 3061 3064 3066 3068 3070 3071 3072 3073 3074 3077 3078 3081 3084 3086 3087 3106 960600: 4014 5000 5001 5002 5003 5012 5095 5098 960700: 1087 1089 1090 1091 1092 1093 1094 1095 1107 1108 1109 1110 1111 1112 1121 1122 1123 1124 1125 1126 1131 1136 2003 2009 2010 2016 2019 2020 2021 2022 2024 2033 2037 2065 3001 3011 3012 3016 3018 3020 3021 3031 3036 3038 VTD: 01518 - WOODLAND HIGH 960600: 5052 5053 5054 5055 5056 5057 5059 5063 5088

GEORGIA LAWS 2012 SESSION
960803: 3075 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3092 3095 3153 3154 960901: 2001 2002 2011 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2025 2026 2027 2028 2029 2030 2031 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2075 2076 2077 2079 2080 2081
District 003 Bartow County VTD: 01505 - BEAVERS DRIVE 960102: 3063 3064 3065 3066 3071 3072 3073 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3086 3087 3088 3089 3090 3091 3092 3093 3094 3097 3098 3099 3100 960200: 1074 1084 1085 5075 960300: 1000 1001 1002 1003 1004 1005 1006 1054 1055 1056 1057 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1089 1095 1096 1097 1098 1099 1100 1101 1102 2000 2001 2002 2003 2004 2005 2006 2007 2009 2010 2134 2135 2136 960401: 1039 1040 1042 1044 3016 3017 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 960402: 1025 2005 2006 2007 2008 2009 2010 2011 2012 2013 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 960500: 4002 4006 VTD: 01516 - ZENA DRIVE 960402: 1047 VTD: 01517 - CASSVILLE 960401: 1000 1001 1002 1003 1006 1011 1013 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1034 1037 1045 1047 1048 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3018 3019 3020 3021

4823

4824

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

3022 3040 960402: 1026 1027 1028 1032 1033 1034 1035 1036 1037 1038 1043 1045 2000 2001 2002 2003 2004 2014 2015 2016 2017 2018 2019 2020 2021 2022 960500: 3000 3001 3002 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 3032 3033 3034 3036 4000 4001 4003

District 004 Bartow County VTD: 01508 - EUHARLEE VTD: 01510 - KINGSTON 960300: 2022 VTD: 01511 - MISSION ROAD 960300: 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2129 2130 2131 2132 2133 2142 2143 960500: 3003 4004 4005 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4042 4045 4046 960600: 1039 1040 1041 1042 1092 1093 1094 1105 6015 960901: 1004 1005 1006 1007 1008 1009 1010 1011 1023 1024 1025 960902: 1000 1001 1003 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2020 2028 2030 2032 2033 3000 3001 3002 3003 3004 3005 3006 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4017 4019 4023 4025 4033 4034 4036 4037 4039 4042 4043 4046 4047 4048 4049 VTD: 01514 - TAYLORSVILLE 961000: 1012 1013 1014 1015 1016 1017 1018 1021 1022 1023 1024 1025 2011 2012 2016 2017 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038

GEORGIA LAWS 2012 SESSION
2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2111 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4026 4027 4028 4029 4030 4031 4032 4040 4041 4042 4043 4044 4056 4057 4059 4060 4061 4062 4063 4065 4066 4067 4068 4069 4070 4071 4072 4073 4074 4075 4076 4077 4078 4079 4080 4086 4087 4089 4090 4092 4093 VTD: 01516 - ZENA DRIVE 960500: 3035 3037 4033 4034 4035 4038 4041 4047
District 005 Bartow County VTD: 01501 - ADAIRSVILLE VTD: 01509 - FOLSOM VTD: 01510 - KINGSTON 960300: 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 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 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1084 1085 1086 1087 1088 1090 1091 1092 1093 1094 1103 1104 2008 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2035 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2126 2127 2128 2137 2138 2139 2140 2141 961000: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2013 2014 2015 2018 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020

4825

4826

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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 3050 3052 3053 3054 3055 3056 3057 3058 3069 3086

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2012 session of the General Assembly of Georgia a bill to amend an Act providing authority for the Board of Education of Bartow County, approved March 30, 1987 (Ga. L. 1987, p. 4915), as amended, particularly by an Act approved April 18, 2002 (Ga. L. 2002, p. 3999), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
/S/ 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 February 10, 2012, 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 16th day of February 2012.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2015 (SEAL)

GEORGIA LAWS 2012 SESSION

Approved April 5, 2012.

__________

4827

APPLING COUNTY BOARD OF EDUCATION; REDISTRICTING.

No. 470 (House Bill No. 1284).

AN ACT

To amend an Act changing the composition and method of election of the Board of Education of Appling County, approved February 2, 1988 (Ga. L. 1988, p. 3529), as amended, particularly by an Act approved March 4, 1994 (Ga. L. 1994, p. 3601), so as to change the description of the education districts; to define certain terms; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for conditional automatic repeal; 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 changing the composition and method of election of the Board of Education of Appling County approved February 2, 1988 (Ga. L. 1988, p. 3529), as amended, particularly by an Act approved March 4, 1994 (Ga. L. 1994, p. 3601), is amended by revising subsections (b) and (c) of Section 2 and adding new subsections as follows:
"(b) For purposes of electing members of the board of education, Appling County is divided into five education districts. One member of the board shall be elected from each such district. Each member of the board must be a resident of the education district he or she represents; and if any member removes his or her residence from such education district, then his or her office shall be vacated. The five education districts shall be and correspond to those five numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: applingccsb-2012 Plan Type: Local Administrator: Appling User: bak'. (c) For the purposes of such plan:
(1) The term 'VTD' 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. The separate numeric designations in a district description which are underneath a 'VTD' heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; and (2) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical

4828

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia. (c.1) Any part of Appling County which is not included in any district described in subsection (b) of this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (c.2) Any part of Appling County which is described in subsection (b) of this section as being included 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 2010 for the State of Georgia."

SECTION 2. The Board of Education of Appling 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 3. If, as of the first date upon which candidates may begin qualifying for the general primary in 2012, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety.

SECTION 4. For the purpose of conducting elections in 2012, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. For all other purposes, this Act shall become effective on January 1, 2013.

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

Plan: applingccsb-2012 Plan Type: Local Administrator: Appling User: bak

District 001 Appling County VTD: 0011A - 1A

GEORGIA LAWS 2012 SESSION
950100: 1027 1039 1040 1043 1044 950200: 1018 VTD: 0011B - 1B VTD: 0011C - 1C VTD: 0011D - 1D 950200: 2010 2011 2012 2013 950500: 2000 2046
District 002 Appling County VTD: 0012 - 2 950200: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1028 1029 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 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 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 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 1166 1167 2018 2019 2020 2024 2025 2026 2027 2030 2031 2032 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2053 2054 2055 2056 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 2091 2092 2093 2094 2095 2096 2097 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 3093 3094 3095 3096 3097 3098 3099 3100 3101

4829

4830

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

3102 3103 3104 3105 3106 3111 3112 3113 3114 3115 3116 3122 3123 3124 3125 VTD: 0013C - 3C 950300: 4000 4001 4002 4003 4004 4005 4006 4014 4015 4016 4021 4022 4023 4028 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4061 4062 4063 4064 4065 4066 4067 4068 4069 4070 4071 4072 4073 4074 4075 4076 4077 4078 4079 4080 4081 4082 4083 4084 4085 4146 4150 4151 4153 4156 4157 4158 4159 4160 4161 4162 4163 4164 4167 4168 4169 4198 4199 4205 4206 4210 4211 4212 4213 4215 950400: 1139 1141 1198

District 003 Appling County VTD: 0011A - 1A 950100: 1003 1004 1005 1006 1007 1008 1009 1010 1022 1023 1024 1025 1026 1030 1031 1032 1037 1038 1045 1046 VTD: 0011A1 - 1A1 VTD: 0012 - 2 950200: 3109 3110 VTD: 0013A - 3A VTD: 0013B - 3B VTD: 0013C - 3C 950200: 3107 3108 3117 3118 3119 3120 3121 950300: 1000 1001 1015 1016 1030 1031 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 2115 2138 2145 2146 2148 2149 2150 2151 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 3053 3054 4007 4008 4009 4010 4011 4012 4013 4017 4018 4019 4020 4024 4025 4026 4027 4029 4045 4046 4086 4087 4088 4089 4090 4091 4092 4093 4094 4095 4096 4097 4098 4099 4100 4101 4102 4103

GEORGIA LAWS 2012 SESSION
4104 4105 4106 4107 4108 4109 4110 4111 4112 4113 4114 4115 4132 4133 4134 4142 4144 4145 4147 4148 4149 4152 4154 4155 4165 4166 4170 4187 4188 4189 4190 4191 4192 4193 4194 4195 4196 4197 4200 4201 4202 4203 4207 4208 4209 4214 950400: 1056 1057 1058 1059 1063 1116 1117 1118 1119 1120 1121 1122 1123 1124 1132 1133 1134 1135 1136 1137 1138 1140 1142 1143 1191 2010 950500: 1001 1002 1010 1011
District 004 Appling County VTD: 0014A - 4A VTD: 0014B - 4B VTD: 0014C - 4C VTD: 0014D - 4D
District 005 Appling County VTD: 0011D - 1D 950500: 2001 2002 2003 2004 2005 2006 2007 2010 2011 2012 2019 2020 2027 2028 2029 2116 VTD: 0015A - 5A VTD: 0015B - 5B VTD: 0015B1 - 5B1 VTD: 0015C - 5C

4831

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2012 session of the General Assembly of Georgia a bill to amend an Act changing the composition and method of election of the Board of Education of Appling County, approved February 2, 1988 (Ga. L. 1988. p. 3529), as amended; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommy Smith, who on oath deposes and says that he is the Representative from

4832

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

District 168 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Baxley News Banner which is the official organ of Appling County on March 14, 2012, 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 16th day of March 2012.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires Aug. 14, 2015 (SEAL)

Approved April 5, 2012.

__________

CITY OF AVONDALE ESTATES CORPORATE LIMITS.

No. 471 (House Bill No. 1218).

AN ACT

To amend an Act providing a new charter for the City of Avondale Estates, approved April 23, 1999 (Ga. L. 1999, p. 4886), 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 Avondale Estates, approved April 23, 1999 (Ga. L. 1999, p. 4886), is amended by adding a new Section 1.11A to read as follows:

"SECTION 1.11A. In addition to all other territory contained in the city, the City of Avondale Estates shall include all of the following described tract or parcel of land:

GEORGIA LAWS 2012 SESSION

4833

All that tract or parcel of land lying in Land Lot 248, 15th District, DeKalb County, Georgia, and being more particularly described from DeKalb County tax mapping as follows: beginning at the intersection of East College Avenue southerly right of way and existing Avondale Estates city limits, run easterly to the northeast corner of tax parcel 15-248-16-001; thence, along the easterly boundary of said tax parcel 15-248-16-001, southeasterly to the southeast corner of said tax parcel 15-248-16-001; thence, along southerly boundary of tax parcel 15-248-16-001, run to a point along the easterly right of way of Livingstone Place; thence, leaving said easterly right of way of Livingstone Place and along said southerly boundary of tax parcel 15-248-16-001 if extended, run to a point along Livingstone Place westerly right of way; thence, leaving said extended southerly boundary of tax parcel 15-248-16-001 and along said Livingstone Place westerly right of way, run southeasterly to the southeast corner of tax parcel 15-248-15-013; thence, leaving said Livingstone Place westerly right of way, run, along the southerly boundary of said tax parcel 15-248-15-013; thence, along the westerly boundary of said tax parcel 15-248-15-013, run northwesterly to the southeast corner of tax parcel 15-248-15-014; thence, leaving said westerly boundary of said tax parcel 15-248-15-013, run southwesterly, along the southerly boundary of tax parcel 15-248-15-014 and tax parcel 15-248-15-001, to the easterly right of way of Brown Place; thence, leaving said southerly boundary of southerly tax parcel 15-248-15-014 and tax parcel 15-248-15-001, run northwesterly, along said easterly right of way of Brown Place to the intersection of the southerly boundary of tax parcel 15-248-12-015 if extended northeast to said easterly Brown Place right of way; thence, along said extended southerly boundary of tax parcel 15-248-12-015, run southwesterly to Brown Place westerly right of way and southeast corner of said tax parcel 15-248-12-015; thence, along southerly boundary of said tax parcel 15-248-12-015, run southwesterly to the southwest corner of said tax parcel 15-248-12-015 and a point along the northeasterly boundary of tax parcel 15-248-12-001; thence, leaving said southerly boundary of said tax parcel 15-248-12-015, run southeasterly, along said northeasterly boundary of tax parcel 15-248-12-001 to said tax parcel 15-248-12-001 southeast corner; thence, leaving said northeasterly boundary of tax parcel 15-248-12-001, run westerly, along southerly boundary of said tax parcel 15-248-12-001, to the southwest corner of said tax parcel 15-248-12-001 and a point along Dalerose Avenue easterly right of way; thence, leaving said southerly boundary of said tax parcel 15-248-12-001, run northerly, along said Dalerose Avenue easterly right of way to the intersection of the southerly boundary of tax parcel 15-248-11-018 if extended east to said Dalerose Avenue easterly right of way; thence, leaving said Dalerose Avenue easterly right of way, run westerly, along said southerly boundary of tax parcel 15-248-11-018 if extended east, to the southeast corner of said tax parcel 15-248-11-018 and a point along Dalerose Avenue westerly right of way; thence, leaving said Dalerose Avenue westerly right of way, run westerly, along said southerly boundary of tax parcel 15-248-11-018 to the common south corner of tax parcel 15-248-11-018 and tax parcel 15-248-11-001; thence, along southerly boundary

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

of said tax parcel 15-248-11-001, run westerly the southwest corner of said tax parcel 15-248-11-001 and a point along the easterly right of way of Hillmont Avenue; thence, along said easterly right of way of Hillmont Avenue, run northerly to the intersection of southerly boundary of tax parcel 15-248-07-018 if extended easterly to said easterly right of way of Hillmont Avenue; thence, leaving said easterly right of way of Hillmont Avenue, run westerly, along said southerly boundary of tax parcel 15-248-07-018 if extended easterly, to Hillmont Road westerly right of way and southeast corner of said tax parcel 15-248-07-018; thence, leaving said Hillmont Avenue westerly right of way, run westerly, along said southerly boundary of tax parcel 15-248-07-018 and the northerly limit of an alley way, to the southwest corner of said tax parcel 15-248-07-018, the westerly limit of said alley way and a point along the easterly boundary of tax parcel 15-248-07-001; thence, leaving said southerly boundary of tax parcel 15-248-07-018 and said northerly limit of an alley way, run southerly, along said easterly boundary of tax parcel 15-248-07-001 and westerly limit of said alley way to the southeast corner of said tax parcel 15-248-07-001; thence, leaving said easterly boundary of tax parcel 15-248-07-001 and westerly limit of said alley way, run westerly, along southerly boundary of said tax parcel 15-248-07-001, to the southwest corner of said tax parcel 15-248-07-001 and Arcadia Avenue easterly right of way; thence, along said Arcadia Avenue easterly right of way, run northerly to the intersection of said Arcadia Avenue easterly right of way and East College Avenue southerly right of way; thence, along said Arcadia Avenue easterly right of way if extended northerly, run northerly to the southeast mitered corner of the intersection of said Arcadia Avenue easterly right of way and East College Avenue northerly right of way; thence, along said mitered intersection of Arcadia Avenue easterly right of way and East College Avenue northerly right of way, run northwesterly to the northwest corner of said Arcadia Avenue easterly right of way and College Avenue northerly right of way; thence, along said Arcadia Avenue easterly right of way, run northwesterly to the intersection of said Arcadia Avenue easterly right of way if extended northerly and the northerly limit of Georgia Railroad; thence, leaving said Arcadia Avenue easterly right of way, run northeasterly, along said northerly limit of Georgia Railroad, run to the intersection of Georgia Railroad northwesterly right of way limit and extended Maple Street southwesterly right of way. Thence, along existing Avondale Estates city limits, run southeasterly along said extended Maple Street westerly right of way to a point along Georgia Railroad southeasterly right of way; thence, continuing along Maple Street southwesterly right of way and said existing Avondale Estates city limits, southeasterly, to the intersection of said Maple Street southwesterly right of way and said existing Avondale Estates city limits to a point along East College Avenue northerly right of way; thence, continuing southeasterly along extended Maple Street southwesterly right of way and said existing Avondale Estates city limits, run southeasterly to a point along East College Avenue southerly right of way and the point of beginning; said tract or parcel of land being inclusive of all interior tax parcels, right of ways and alley ways."

GEORGIA LAWS 2012 SESSION
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

4835

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2012 session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Avondale Estates; and for other purposes.

Representative Stephanie Benfield District 85

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Stephanie Benfield, who on oath deposes and says that she is the Representative from District 85 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Champion which is the official organ of DeKalb County on February 23, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

s/ STEPHANIE BENFIELD Stephanie Benfield Representative, District 85

Sworn to and subscribed before me, this 24th day of February 2012.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires Aug. 14, 2015 (SEAL)

Approved April 11, 2012.

__________

4836

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II CITY OF DECATUR CORPORATE LIMITS.

No. 472 (House Bill No. 1219).

AN ACT

To amend an Act providing a new charter for the City of Decatur, approved April 13, 2001 (Ga. L. 2001, p. 4351), so as to change the corporate limits of the city by annexing certain territory into the city; to provide for a description of the property annexed; 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 Decatur, approved April 13, 2001 (Ga. L. 2001, p. 4351), is amended by adding a new Section 1.12 to read as follows:

"SECTION 1.12. In addition to all other territory included within the boundaries of the city, the city shall also include the following described real property:
All that tract or parcel of land lying in Land Lot 248, 15th District, DeKalb County, Georgia and being more particularly described from DeKalb County tax mapping as follows: Beginning at the intersection of East College Avenue northerly right of way and Arcadia Avenue easterly right of way, run south along said Arcadia Avenue easterly right of way to the southwest corner of tax parcel 15-248-07-001; thence, leaving said Arcadia Avenue easterly right of way, run westerly to the southeast corner of tax parcel 15-248-06-020 and a point along Arcadia Avenue westerly right of way; thence, leaving said Arcadia Avenue westerly right of way, run, along the southerly boundary of said tax parcel 15-248-06-020, run westerly to the southeast corner of tax parcel 15-248-06-021; thence, along the southerly boundary of said tax parcel 15-248-06-021, run westerly to the southwest corner of said tax parcel 15-248-06-021; thence, leaving said southerly boundary of said tax parcel 15-248-06-021 and along the easterly boundary of tax parcel 15-247-02-022, run southerly to the southeast corner of said tax parcel 15-247-02-022; thence, leaving said easterly boundary of tax parcel 15-247-02-022 and along the southerly boundary of said tax parcel 15-247-02-022, run westerly to the southwest corner of said tax parcel 15-247-02-022; thence, leaving said southerly boundary of said tax parcel 15-247-02-022 and along the westerly boundary of tax parcel 15-247-02-022, run northerly to the southeast corner of tax parcel 15-247-02-023; thence, leaving said westerly boundary of tax parcel 15-247-02-022 and along the southerly boundary of tax parcel 15-247-02-023, run westerly to the southwest corner of tax parcel 15-247-02-023

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and a point along Derrydown Way easterly right of way; thence, leaving said Derrydown Way easterly right of way and continuing along said southerly boundary of tax parcel 15-247-02-023 if extended westerly, run westerly to Derrydown Way westerly right of way; thence, along said Derrydown Way westerly right of way, run northerly to the intersection of said Derrydown Way westerly right of way and East College Avenue southerly right of way; thence, along said East College Avenue southerly right of way, run westerly to the city limits of City of Decatur; thence, leaving said East College Avenue southerly right of way and along the city limits of City of Decatur, run northerly to the southerly right of way of Howard Avenue; thence, along said city limits of City of Decatur and said Howard Avenue southerly right of way, run northeasterly to a point along the east line of land lot 247; thence, leaving said Howard Avenue southerly right of way and along said city limits of City of Decatur and east line of Land Lot 247, run northerly to the southwest corner of tax parcel 15-248-02-006 and a point along Georgia Railroad northerly right of way; thence, leaving said city limits of City of Decatur and east line of land lot 247 and along the southerly boundary of said tax parcel 15-248-02-006 and Georgia Railroad northerly right of way, run northeast to the intersection of said Georgia Railroad northerly right of way and Arcadia Avenue easterly right of way if extended northwesterly to said Georgia Railroad northerly right of way; thence, leaving said Georgia Railroad northerly right of way and along said Arcadia Avenue easterly right of way if extended northwesterly, run southeasterly to the mitered intersection of said Arcadia Avenue easterly right of way and East College Avenue northerly right of way; thence, along said mitered intersection of Arcadia Avenue easterly right of way and East College Avenue northerly right of way, to the point of miter at East College Avenue; thence, run southerly to the point of beginning. Said tract or parcel of land being inclusive of all interior tax parcels, right of ways and alley ways."

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 2012 session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Decatur; and for other purposes.
Representative Stephanie Benfield District 85

4838

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Stephanie Benfield, who on oath deposes and says that she is the Representative from District 85 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Champion which is the official organ of DeKalb County on February 23, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

s/ STEPHANIE BENFIELD Stephanie Benfield Representative, District 85

Sworn to and subscribed before me, this 24th day of February 2012.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires Aug. 14, 2015 (SEAL)

Approved April 11, 2012.

__________

CITY OF MOULTRIE HOTEL/MOTEL TAX.

No. 473 (House Bill No. 1225).

AN ACT

To authorize the governing authority of the City of Moultrie 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 Moultrie adopted Resolution No. R02-2012-03 on February 7, 2012, requesting that, pursuant to the requirements of subsection (b) of Code Section 48-13-51 of the

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O.C.G.A., the 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 Moultrie 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 Moultrie; provided, however, that the City of Moultrie 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

Notice is given that there will be introduced at the regular 2012 session of the General Assembly of Georgia a bill to authorize the governing authority of the City of Moultrie to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; and for other purposes.

s/Jay Powell Representative Jay Powell District 171

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jay Powell, who on oath deposes and says that he is the Representative from District 171 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Moultrie Observer which is the official organ of Colquitt County on March 2, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

s/ JAY POWELL Jay Powell Representative, District 171

Sworn to and subscribed before me, this 6th day of March 2012.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires Aug. 14, 2015 (SEAL)

Approved April 11, 2012.

__________

CITY OF SPRINGFIELD NEW CHARTER.

No. 474 (House Bill No. 1226).

AN ACT

To provide a new charter for the City of Springfield; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a city manager, mayor, and mayor pro tempore and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, and other personnel and matters relating thereto; to provide for rules

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and regulations; to provide for a municipal court and the judge or judges thereof and other matters relative to those judges; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; to provide for elections; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for auditing, accounting, budgeting, and appropriations; to provide for city contracts and purchasing; to provide for the conveyance of property and interests therein; to provide for bonds for officials; to provide for prior ordinances and rules, pending matters, and existing personnel; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to 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 1.1. Name.

This city and the inhabitants thereof are constituted and declared a body politic and corporate under the name and style Springfield, Georgia, and by that name shall have perpetual succession.

SECTION 1.2. Corporate boundaries.

(a) The boundaries of this city shall be those existing on the earliest effective date in 2012 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 council and to be designated, as the case may be: "Official Map of the corporate limits of the City of Springfield, Georgia." Photographic, typed, or other copies of such map or description certified by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 1.3. Extraterritorial jurisdiction.

Be it further enacted, that for the purpose of protecting the peace, good order, morals and health of said city, its corporate limits and its jurisdiction shall extend for one mile beyond its limits as now defined or as they may hereinafter be extended, the same being for police and sanitary purposes, and within said zone thus created for police and sanitary purposes the mayor and councilmembers of the city and its marshal and police and other officers shall have right and power to abate and remove nuisances and any and all things that may be deleterious to the health, good order or peace of the city, to preserve order and make arrests, and to do any other acts or things for the protection of the health, safety and good order of said city and its inhabitants and said city council may exercise the full police power of the state in said zone, and may adopt all ordinances that they may deem expedient for the purpose of regulating matters and the people within said zone for police and sanitary purposes aforesaid, as well as for prohibiting all acts and things and kinds of business therein that may tend to debauch the morals, injure the health, or become a source of disorder, disease or annoyance.

SECTION 1.4. 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;

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(4) Business regulation and taxation. To regulate business through the issuance of licenses for operation within the city boundaries; 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 firefighting; and to prescribe penalties and punishment for violations thereof; (10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the 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;

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(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 and to prescribe penalties and punishments for such nuisances; (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,

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4845

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 public drunkenness, riots, and other public disturbances; (28) Public transportation. To organize and operate or contract for such public transportation systems as are deemed beneficial; (29) Public utilities and services. To grant franchises or make contracts for or impose taxes on public utilities and public service companies and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Georgia 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; (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;

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(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; 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; to regulate business based on its location within the city and especially as to the zoning rules and regulations within the city; (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 1.5. Exercise of powers.

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

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SECTION 2.1. City council creation; number; election.

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

SECTION 2.2. 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 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 2.3. 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 5.5 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

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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 2.4. Compensation and expenses.

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

SECTION 2.5. Conflicts of interest; holding other offices.

(a) Elected and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. (b) Conflict of interest. No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of that person's official duties or which would tend to impair the independence of that person's judgment or action in the performance of that person's official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of that person's official duties or would tend to impair the independence of that person's judgment or action in the performance of that person's official duties; (3) Disclose confidential information, including information obtained at meetings which are closed pursuant to Chapter 14 of Title 50 of the O.C.G.A., concerning the property, government, or affairs of the governmental body by which that person is engaged without proper legal authorization or use such information to advance the financial or other private interest of that person or others; (4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation which to that person's knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which that person is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (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

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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 of the City of Springfield. No employee of the city shall continue in such employment upon election to any 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 2.6. 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

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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 2.7. 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 2.8. Organizational meetings.

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

SECTION 2.9. 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 the call of three members of the city council in writing, and filed with the city clerk. 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 2.10. 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.

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(b) All committees and committee chairpersons and officers of the city council shall be appointed by the city council and shall serve at the pleasure of the city council, unless otherwise specified within an ordinance. The city council shall have the power to appoint new members to any committee at any time.

SECTION 2.11. Quorum; voting.

Four 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 or any other method designated by the chair, 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 city council present shall be required for the adoption of any ordinance, resolution, or motion. An abstention shall not be counted as an affirmative or negative vote. Be it further enacted, that the mayor shall have the authority to veto all ordinances, orders and resolutions passed by the city council, and the said mayor shall have five days after the meeting at which the city council voted to file with the clerk in writing his disapproval, but the councilmembers may pass the ordinance, orders or resolutions, notwithstanding the veto, by a vote of two-thirds of those present, and entered upon the minutes. If the mayor fails to sign or veto any ordinances, orders, or resolutions passed by the city council within the time frame set forth within this charter, the act shall become effective.

SECTION 2.12. 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 Springfield" and every ordinance shall so begin. (b) An ordinance may be introduced by 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, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided for in Section 2.14 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.

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SECTION 2.13. Action requiring an ordinance.

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

SECTION 2.14. Emergencies.

(a) To meet a public emergency affecting life, health, property, or public peace, the city council may at the request of the city manager and the approval of a member of the city council 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 a majority of the members of city council present shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. (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 2.15. 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 2.12 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 2.16 of this charter.

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(b) Copies of any adopted code of technical regulations shall be made available by the clerk for inspection by the public.

SECTION 2.16. 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 Springfield, 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 2.17. 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 2.18. Removal of city manager.

The city manager is employed at will and may be summarily removed from office at any time by the city council by an affirmative vote of a majority of the members of city council present.

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SECTION 2.19. 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 individual to serve until the city manager shall return or the city manager's disability shall cease.

SECTION 2.20. 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 an ordinance outlining the powers and duties of the city manager, or any other applicable policy.

SECTION 2.21. Council's interference with administration.

Except for the purpose of inquiries and investigations under Section 2.6 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 or discipline any such officer or employee, either publicly or privately.

SECTION 2.22. Selection of mayor pro tempore.

By a majority vote of all its members, the city council shall elect councilmembers to serve as mayor pro tempore, who shall serve at the pleasure of the city council. The mayor pro tempore shall continue to vote and otherwise participate as a councilmember.

SECTION 2.23. Powers and duties of mayor.

The mayor shall: (1) Set the agenda and preside at all meetings of the city council; (2) Have the authority to convene the council in extra session whenever he deems it proper to do so;

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(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 power to administer oaths and to take affidavits; (5) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, and other instruments executed by the city which by law are required to be in writing; (6) Vote to break any tie vote which may occur between the councilmembers related to the adoption of any ordinance, resolution, or motion; (7) Not have the right to act upon any question before the city council except in the case of a tie; and (8) Have the authority to nominate individuals to any committee or board associated with the City of Springfield.

SECTION 2.24. Mayor pro tempore.

During the absence or physical or mental disability of the mayor for any cause, the mayor pro tempore of the city council, or in such person's absence or disability for any reason, any one of the councilmembers chosen by a majority vote of the city council, shall be clothed with all the rights and privileges of the mayor and shall perform the duties of the office of the mayor so long as such absence or disability shall continue. Any such absence or disability shall be declared by majority vote of all councilmembers. The mayor pro tempore or selected councilmember shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest as provided in Section 2.5 of this charter.

ARTICLE III ADMINISTRATIVE AFFAIRS

SECTION 3.1. 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) 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

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responsible for the administration and direction of the affairs and operations of that director's department or agency. (d) 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 3.2. 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 city board, city commission, or city 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 city 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 city council unless otherwise provided by law.

SECTION 3.3. City attorney.

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

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may be required by virtue of such person's position as city attorney. The city attorney shall not represent any official of the city in their individual capacity.

SECTION 3.4. City clerk.

The city council, or their designee, 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, and as set forth in the job description.

SECTION 3.5. Position classifications.

The city manager shall be responsible for the preparation of a position classification which shall be submitted to the city council for approval. For purposes of this section, all elected and appointed city officials are not city employees.

SECTION 3.6. Personnel policies.

All employees serve at will and may be removed from office at any time unless otherwise provided by ordinance. All other personnel policies shall be adopted by the city council in the "City of Springfield Personnel Policy" and may be amended as the council deems necessary.

ARTICLE IV JUDICIAL BRANCH

SECTION 4.1. Creation; name.

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

SECTION 4.2. 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

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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 2.10 of this charter.

SECTION 4.3. Convening.

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

SECTION 4.4. 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 is now or hereafter provided by law. (c) The municipal court may fix punishment for offenses within its jurisdiction 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.

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(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 4.5. Certiorari.

The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Effingham County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.

SECTION 4.6. 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 5.1. Applicability of general law.

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

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SECTION 5.2. 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 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.

SECTION 5.3. 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 5.4. Methods of election for mayor and councilmembers.

(a) Election of the mayor. The mayor shall be elected by a plurality of the votes cast for the position. In the case of a tie for the highest number of votes cast in the mayoral election, a run-off election, composed only of the tied candidates, will be held to fill by plurality vote the position of mayor. If a tie remains after the run-off election, the current city council shall elect, by majority vote, one of the tied candidates to fill the position of mayor. (b) Election of councilmembers. The election of councilmembers shall be determined by the candidates who receive the three highest numbers of votes cast in the councilmember elections. In the event of a tie for the third highest number of votes cast, a run-off election, composed only of the tied candidates, will be held to fill by plurality vote the remaining councilmember position. If a tie for the highest number of votes cast occurs after the run-off election, the current city council shall elect by majority vote one of the tied candidates to fill the remaining councilmember position.

SECTION 5.5. Special elections; vacancies.

In the event that the office of mayor or councilmember shall become vacant as provided in Section 2.3 of this charter, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within 12 months of the expiration of the term of that office, the city council or those members remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.

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SECTION 5.6. Other provisions.

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

SECTION 5.7. Removal of officers.

Be it further enacted, that should the mayor or any member of the city council be guilty of malpractice in office, willful neglect of duty, gross and willful abuse of the powers entrusted to them or for any reason become incompetent or unfit to fill such office, in the judgment of any four members of council then and in that event, they are authorized to ask for his resignation, and upon his failure to resign at once, or within five days, it shall be the duty of the four members of council, jointly, to bring a rule against such offending officer setting up the charges against him before the Judge of the Superior Court of Effingham County, who shall issue a rule nisi thereupon, requiring the said offending officer named therein to appear and show cause before him, at such time and place as he may therein designate, and require the same to be served upon the said officer by handing him a copy of the petition and rules nisi in person, or by leaving a copy at his most notorious place of abode, at least three days before the hearing, and the said Judge of the Superior Court is hereby granted power and authority to hear testimony and pass upon the said rule, and may, in his judgment, remove the officer therein charged, and declare the office vacant, and his judgment shall be final.

ARTICLE VI FINANCE

SECTION 6.1. Property tax.

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

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SECTION 6.2. 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 6.3. 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 6.9 of this charter.

SECTION 6.4. Licenses; permits; fees.

The city council by ordinance shall have the power to regulate businesses or practitioners doing business in this city. The city council may approve or deny a permit for such activity, and, upon approval, may require the business or practitioner to 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 6.9 of this charter.

SECTION 6.5. 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.

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(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 6.6. 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 6.7. 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 6.9 of this charter.

SECTION 6.8. 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 6.9. 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 6.1 through 6.8 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 fieri facias; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking city permits for failure to pay any city taxes or fees; and providing for the assignment or transfer of tax executions.

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SECTION 6.10. General obligation bonds.

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

SECTION 6.11. Revenue bonds.

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

SECTION 6.12. Short-term loans.

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

SECTION 6.13. Lease-purchase contracts.

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

SECTION 6.14. Fiscal year.

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

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SECTION 6.15. Budget ordinance.

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

SECTION 6.16. Operating budget.

On or before a date fixed by the city council but not later than 20 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 6.20 of this charter, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.

SECTION 6.17. Action by city council on budget.

(a) The councilmembers may amend the operating budget proposed by the city manager, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than December 31 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 6.15 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or

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

SECTION 6.18. 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 6.19. Changes in appropriations.

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

SECTION 6.20. Capital improvements.

(a) On or before the date fixed by the city council, but not later than 20 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 2.14 of this charter. (b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than December 31 of each year. No appropriation provided for in a prior capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance.

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SECTION 6.21. Audits.

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

SECTION 6.22. 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 2.10 of this charter.

SECTION 6.23. Purchasing.

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

SECTION 6.24. 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

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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 7.1. 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 7.2. Prior ordinances.

All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent with this charter are declared valid and of full effect and force until amended or repealed by the city council.

SECTION 7.3. 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 7.4. Construction and definitions.

(a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word "shall" is mandatory and the word "may" is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. (d) Except as specifically provided otherwise by this charter, the term:
(1) "City council" means the members of the city council and the mayor.

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(2) "Councilmember" means a member of the city council other than the mayor.

SECTION 7.5. Specific repealer.

An Act incorporating the City of Springfield, approved August 19, 1912 (Ga. L. 1912, p. 1296), is hereby repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety.

SECTION 7.6. Effective date.

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

SECTION 7.7. 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 2012 session of the General Assembly of Georgia a bill to provide a new charter for the City of Springfield; 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.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jon Burns, who on oath deposes and says that he is the Representative from District 157 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Effingham Herald which is the official organ of Effingham County on January 20, 2012, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JON BURNS Jon Burns Representative, District 157

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Sworn to and subscribed before me, this 30th day of January 2012.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2015 (SEAL)

Approved April 11, 2012.

__________

CITY OF GAINESVILLE NEW CHARTER.

No. 475 (House Bill No. 1227).

AN ACT

To provide a new charter for the City of Gainesville; to provide for reincorporation, boundaries, and powers of the city; to provide for general powers and limitations on powers; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, suspension, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances; to provide for the office of mayor and mayor pro tempore and certain duties and powers relative thereto; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city manager and assistant city manager, a city attorney, a city clerk, a city auditor, and other personnel; to provide for a municipal court and the judge or judges thereof; to provide for a solicitor and deputy solicitor; to provide for a clerk of municipal court; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for ethics and disclosures; to provide for elections; to provide for taxation, licenses, and fees; to provide for franchises; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for city contracts and purchasing; to provide for an independent school system; to provide for education wards; to provide for definitions and inclusions; to provide for bonds for officials; to provide for prior ordinances and rules, pending matters, and existing personnel; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to provide for submission under the federal Voting Rights Act of 1965, as amended; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes.

GEORGIA LAWS 2012 SESSION BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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ARTICLE I INCORPORATION AND POWERS
SECTION 1.10. City of Gainesville, Georgia.

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 Gainesville, 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 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 Gainesville, 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 governing body 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 designed 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.

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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.; (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 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; (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 solid 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, 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

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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, 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, storm-water management, gas works, electric light plants, cable television and other telecommunications, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties and to provide for the withdrawal of service for refusal or failure to pay the same; provided, however, no public utility owned or operated by the city shall be sold by the governing body unless the governing body, by a majority vote with all members participating, first resolves

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that such utility shall be sold, and, thereafter, the proposed sale is approved by a majority vote of the electors of the City of Gainesville voting in a special election called and held for that purpose; (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 governing body deems necessary and reasonable to ensure a safe, healthy, and esthetically 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 fire-fighting agency; (y) Public hazards: removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (z) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, mausoleums, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, and corrective 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, pandering, 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,

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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; (gg) Sewer fees. To levy a fee or charge 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 or charge 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 and tattoo studios to certain areas; (jj) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (kk) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; (ll) 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; (mm) Urban redevelopment. To organize and operate an urban redevelopment program; (nn) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.

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SECTION 1.14. Exercise of powers.

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
A. GOVERNING BODY SECTION 2.10.
Governing body 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 governing body to be composed of a mayor and five councilmembers. The governing body 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. Not more than one councilmember shall reside in each ward as provided in Section 5.14 of this charter. The mayor shall be elected as provided in Section 2.28 of this charter.

SECTION 2.11. Nonpartisan elections.

The mayor and councilmembers shall be elected in nonpartisan elections as provided in Code Section 21-2-139 of the O.C.G.A.

SECTION 2.12. Governing body terms and qualifications for office.

(a) The mayor and members 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 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; the mayor and each councilmember 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. (b) In addition to the above requirements, no person shall be eligible to serve as a councilmember representing a council ward unless that person is at least 21 years of age and

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has been a resident of the ward 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 ward during that person's period of service.

SECTION 2.13. 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 governing body 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 5.13 of this charter and in accordance with Title 21 of the O.C.G.A., or other such laws as are or may hereafter be enacted.

SECTION 2.14. Compensation and expenses.

The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance. Such salary shall be paid from municipal funds in monthly installments. The governing body may provide by ordinance for the provision of insurance, retirement, workers' compensation, and other employee benefits to the mayor and councilmembers and may provide by ordinance for the reimbursement of expenses actually and necessarily incurred by the mayor and councilmembers in carrying out their official duties.

SECTION 2.15. Conflicts of interest; holding other offices.

(a) Elected and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. (b) Conflict of interest - No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction, or have a financial or other personal interest, 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;

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(2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of that person's official duties or would tend to impair the independence of the official's judgment or action in the performance of those official duties; (3) Disclose confidential information including information obtained at meetings which are closed pursuant to Chapter 14 of Title 50 of the O.C.G.A., concerning the property, government, or affairs of the governmental body by which the official is engaged without proper legal authorization or use such information to advance the financial or other private interest of the official or others; (4) Accept any valuable gift, 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 governing body. The mayor or any councilmember who has a financial interest in any matter pending before the governing body shall disclose such interest and such disclosure shall be entered on the records of the governing body, 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 his or her 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 governing body. (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

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appointive office in the city until one year after the expiration of the term for which that official was elected. (g) Political activities of certain officers and employees - No appointed officer of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. No employee of the city shall continue in such employment upon qualifying as a candidate for nomination 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 governing body either immediately upon qualifying or at any time such conflict may arise. (h) Conviction of a crime - Any elected official shall forfeit his office if he or she is in violation of 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 or is convicted of a crime involving moral turpitude. (i) Penalties for violation -
(1) Any elected official, appointed 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 elected official, appointed 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. (j) Right to public hearing - Any elected official or appointed officer of the city who is accused of violating any of the requirements of this section shall be entitled to a public hearing as provided for in subsection (b) of Section 5.16 of this charter. Any employee who is accused of violating any of the requirements of this section shall be entitled to appeal as provided by ordinance.

SECTION 2.16. Inquiries and investigations.

Following the adoption of an authorizing resolution, the governing body 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 governing body shall be punished as provided by ordinance.

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SECTION 2.17. General power and authority of the governing body.

(a) Except as otherwise provided by law or this charter, the governing body 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 governing body 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 Gainesville and may enforce such ordinances by imposing penalties for violation thereof.

SECTION 2.18. Eminent domain.

The governing body is hereby empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, masoleums, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, airports, mass transit systems, 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.

B. ORGANIZATION AND PROCEDURES SECTION 2.19.
Organizational meetings.

The governing body shall hold an organizational meeting at the first regular meeting in January following each regular election. The meeting shall be called to order by the mayor, mayor-elect, or senior councilmember and the oath of office shall be administered to the newly elected members by a judicial officer authorized to administer oaths or the city clerk and shall, to the extent that it comports with federal and state law, be as follows:
"I do solemnly swear that I will faithfully perform the duties of mayor/councilmember of the City of Gainesville 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; that I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof; that I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I by the laws of the State of Georgia am prohibited from holding; that I am otherwise qualified to hold

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said office according to the Constitution and laws of Georgia; that I have been a resident of [my ward and] the City of Gainesville for the time required by the Constitution and laws of this state and by the municipal charter; and that I will perform the duties of my office in the best interest of the City of Gainesville to the best of my ability without fear, favor, affection, reward, or expectation thereof."

SECTION 2.20. Regular and special meetings.

(a) The governing body shall hold regular meetings at such times and places as shall be prescribed by resolution. (b) Special meetings of the governing body may be held on the call of the mayor or four members of the council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the governing body shall be public to the extent required by law and notice to the public of special meetings shall be made fully as is reasonably possible as provided by Chapter 14 of Title 50 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted.

SECTION 2.21. Rules of procedure.

The governing body shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping minutes of its proceedings, which shall be the official record. Except for the minutes of meetings or portions of meetings that are closed to the public, said minutes shall be open for public inspection.

SECTION 2.22. Quorum; voting.

(a) Four members of the governing body shall constitute a quorum and shall be authorized to transact business of the city. Voting shall be by voice, hands, or electronic means as determined by the mayor and the vote shall be recorded in the minutes, but any member of the governing body shall have the right to request a roll-call vote in which each member shall cast his or her vote by voice when his or her name is called and such vote shall be recorded

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in the minutes. Except as otherwise provided in this charter, the affirmative vote of four members of the governing body shall be required for the adoption of any ordinance, resolution, or motion, except as provided for in subsection (c) of this section. (b) Any member abstaining from a vote shall be recorded as an abstention. (c) If only four members of the governing body are in attendance at a meeting, the affirmative vote of the majority of the members present shall be required for the adoption of any ordinance, resolution, or motion.

C. ORDINANCES SECTION 2.23.
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 Gainesville" and every ordinance shall so begin. (b) An ordinance may be introduced by any member of the governing body and be read at a regular or special meeting. Ordinances shall be considered and adopted or rejected by the governing body 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 2.25 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.

SECTION 2.24. Action requiring an ordinance.

Acts of the governing body which have the force and effect of law shall be enacted by ordinance.

SECTION 2.25. Emergencies.

(a) To meet a public emergency affecting life, health, property, or public peace, the governing body 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,

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or rejected at the meeting at which it is introduced, but the affirmative vote of at least the majority of the members of the governing body present at such meeting shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. (b) Such meetings shall be open to the public to the extent required by law and notice to the public of emergency meetings shall be made as fully as is reasonably possible in accordance with Chapter 14 of Title 50 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted.

SECTION 2.26. Codes of technical regulations.

(a) The governing body 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 2.23 of this charter for distribution 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 2.27 of this charter. (b) Copies of any adopted code of technical regulations shall be made available for inspection by the public.

SECTION 2.27. 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 governing body 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 governing body 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 governing body may specify. This compilation shall be known and cited officially as "The Code of the City of Gainesville, Georgia." Copies of the code shall be available 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 governing body and also available electronically.

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(c) The governing body 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 governing body and available electronically. 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 and available electronically. The governing body 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 and available electronically.

D. MAYOR AND MAYOR PRO TEMPORE SECTION 2.28.
Selection of mayor and mayor pro tempore.

At a regular election the voters of the city shall elect a mayor at large for a term of four years. The governing body shall elect from among its members a mayor pro tempore who shall act as mayor during the absence or disability of the mayor, but who shall only vote once on matters before the governing body. The mayor pro tempore shall be elected at the organizational meeting of the governing body and shall serve for a term of two years.

SECTION 2.29. Powers and duties of mayor.

The mayor shall: (1) Preside at meetings of the governing body where he or she shall have all the rights, powers, duties, and responsibilities of a councilmember except that the mayor shall not make a motion or second a motion and shall be entitled to vote on matters before the governing body only when there is an equal division on the question or in the case where his or her vote will provide the fourth affirmative vote required for approval of a matter, and then the mayor shall determine the matter by his or her vote. The mayor shall also be entitled to vote on the election and removal of the following officers and employees of the council: mayor pro tempore, city manager, city attorney, municipal court judge, solicitor, and city auditor; (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 all ordinances and resolutions approved by a majority vote of the governing body and other instruments executed by the city which by law are required to be signed by the mayor.

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SECTION 2.30. Position of mayor pro tempore.

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During the absence or physical or mental disability of the mayor for any cause, the mayor pro tempore, or in the mayor pro tempore's absence or disability for any reason, any one of the councilmembers chosen by a majority vote of the governing body, 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 disability shall be declared by majority vote of all councilmembers. The mayor pro tempore or selected councilmember shall sign all ordinances and resolutions in which the mayor has a disqualifying financial interest as provided in Section 2.15 of this charter. When acting as mayor, the mayor pro tempore shall continue to have only one vote as a member of the governing body.

E. CITY MANAGER SECTION 2.31.
City manager; appointment; qualifications; compensation.

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

SECTION 2.32. Removal of city manager.

The city manager is employed at will and may be summarily removed from office at any time by a majority vote of the governing body subject to any contract provisions.

SECTION 2.33. Assistant city manager.

The city manager shall have the right to appoint, suspend, and remove an assistant city manager, subject to any contract provisions, who shall, in the absence of the city manager, execute the powers and perform the duties of the city manager during his or her temporary absence or disability.

SECTION 2.34. Powers and duties of the city manager.

The city manager shall be the chief executive and administrative officer of the city. The manager shall be responsible to the governing body for the administration of all city affairs

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placed in the manager's charge by or under this charter. As the chief executive and administrative officer, the manager shall:
(1) Appoint, suspend, reclassify, demote, or remove all city employees and administrative officers, except the municipal court judge, city attorney, solicitor, and city auditor. The manager may authorize any administrative officer who is subject to the manager's direction and supervision to exercise these powers with respect to subordinates in that officer's department, office or agency; (2) Direct and supervise the administration of all departments, offices, and agencies of the city, except as otherwise provided by this charter or by law; (3) Attend all city council meetings except for closed meetings held for the purposes of deliberating on the appointment, discipline, or removal of the city manager and have the right to take part in discussion but not vote; (4) See that all laws, provisions of this charter, and acts of the governing body, subject to enforcement by the manager or by officers subject to the manager's direction and supervision, are faithfully executed; (5) Prepare and submit the annual operating budget and capital budget to the governing body; (6) Submit to the governing body and make available to the public an annual report on the finances and administrative activities of the city; (7) Make such other reports as the governing body may require concerning the operations of city departments, offices, and agencies subject to the manager's direction and supervision; (8) Keep the governing body fully advised as to the financial condition and future needs of the city and make such recommendations to the governing body concerning the affairs of the city as the manager deems desirable; (9) Sign contracts, deeds, licenses, fiscal expenditures, and other public documents on behalf of the city after approval of the governing body; (10) Administer oaths to employees under the control and supervision of the city manager; and (11) Perform other such duties as are specified in this charter or as may be required by the governing body.

SECTION 2.35. Governing body interference with administration.

Except for the purpose of inquiries and investigations under Section 2.16 of this charter, the governing body or its members shall deal with city officers and employees who are subject to the direction and supervision of the manager solely through the manager, and neither the governing body nor its members shall give orders to any such officer or employee, either publicly or privately.

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

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(a) Except as otherwise provided in this charter, the city manager shall prescribe the functions or duties and establish, abolish, alter, consolidate or leave vacant all nonelective offices, departments, and agencies of the city as necessary for the proper administration of the affairs and government of this city subject to consent by the governing body. (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) 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. (d) All appointive officers and directors under the supervision of the city manager 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 governing body shall create by ordinance or resolution such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the governing body 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 mayor subject to approval by the 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. The mayor shall make reasonable efforts to distribute appointments among all wards, provided there are eligible and qualified candidates. (c) The governing body, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city.

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(e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until that person has executed and filed with the city clerk an oath obligating himself or herself to faithfully and impartially perform the duties of that member's office. (g) All board members serve at will and may be removed at any time by majority vote of the governing body unless otherwise provided by law. (h) Except as otherwise provided by this charter, ordinance, or 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. (i) If it becomes necessary for a board, commission, or authority to dissolve, the official minute book for said board, commission, or authority shall be transferred to the city clerk for permanent retention.

SECTION 3.12. City attorney.

(a) The governing body 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 draw proposed ordinances when requested to do so; shall attend the meetings of the council as directed; shall advise the governing body and city manager 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. (b) 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. (c) The city attorney shall be removed at any time upon majority vote of the governing body.

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SECTION 3.13. City clerk.

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The city manager shall appoint a city clerk who shall not be a councilmember. The city clerk shall serve as secretary to the governing body; attend all meetings of the governing body and prepare and maintain accurate minutes of all its proceedings; be a custodian of the official city seal and city records; maintain governing body records required by this charter; administer oaths; and perform such other duties as may be required by the governing body. The city clerk shall supervise and keep a record of all municipal elections.

SECTION 3.14. City auditor.

(a) The governing body shall appoint a city auditor who shall be a certified public accountant. The city auditor shall be responsible for providing an annual independent audit of all city accounts, funds, and financial transactions in accordance with generally accepted auditing principles. The city auditor shall attend the meetings of the council as directed; shall advise the governing body and city manager concerning financial 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 auditor. (b) The city auditor is not a public official of the city and does not take an oath of office. The city auditor shall at all times be an independent contractor. An accounting firm, rather than an individual, may be designated as the city auditor. (c) The city auditor shall be removed at any time upon majority vote of the governing body.

B. PERSONNEL ADMINISTRATION SECTION 3.15.
Position classification and pay plans.

The city manager shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the governing body 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 governing body 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 3.16. Employee classifications established.

The general employee classifications in the City of Gainesville shall be as follows:

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(1) Council appointments: The appointed service which shall include the city manager, the city attorney, the municipal court judge, the solicitor, the city auditor, and all personnel appointed by the governing body pursuant to this charter except employees in the classified service appointed as provided in this charter; (2) Appointed officials: Appointments by the city manager. These employees serve at will and may be removed at any time; (3) Classified appointment: Regular full-time employees covered by the provisions of the merit system; and (4) Nonclassified service: Includes all part-time or temporary employees as designated by the city manager.

SECTION 3.17. Employees status on effective date of charter.

The rights, status, salaries, wages, rank, and conditions of employment of all employees of the City of Gainesville defined in Section 3.16 of this charter subject to this charter shall be and remain as they existed at the time this charter becomes effective and shall so remain until and unless changed or terminated under some provision of this charter.

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 Gainesville, Georgia.

SECTION 4.11. Chief judge; associate judge.

(a) The municipal court shall be presided over by a chief judge, who shall have the authority to try any case now or hereafter made triable in such court and shall have such other duties as provided by law, statute, or ordinance 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 25 years, shall be a member of the State Bar of Georgia, and shall possess all qualifications required by law. He or she shall hold no other municipal office in the city during his or her tenure as judge. All judges shall be appointed by the governing body and shall serve until a successor is appointed and qualified. (c) Compensation of the judges shall be fixed by the governing body.

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(d) Judges serve at will and may be removed from office at any time by the governing body unless otherwise provided by ordinance. (e) Before assuming office, each judge shall take an oath, given by the mayor that shall be entered upon the minutes of the governing body as required in Section 2.21 of this charter. The oath shall be as follows:
"I do solemnly swear that I will carry out the duties of judge of the Municipal Court of Gainesville, Georgia, in accordance with the law, that I will act without fear, favor, or partiality in deciding issues between the municipality and persons accused of violating ordinances of the municipality, and that I will conduct myself and the affairs of the municipal court in such a manner as will reflect credit upon the municipality in its administration of justice."

SECTION 4.12. Solicitor; deputy solicitor.

(a) The Municipal Court of Gainesville, Georgia, shall have a solicitor and deputy solicitor whose duties are to prosecute persons charged with violating ordinances of the city or of any other law over which the municipal court has jurisdiction; to assist the judge and other officers and personnel of the court in achieving justice in all cases; and to perform such other duties as are or may be required by law or by ordinance or which necessarily appertain to this office. (b) The solicitor of the municipal court shall be appointed by the governing body of the City of Gainesville for a term of two years. The solicitor may be removed at any time by the governing body of the City of Gainesville at its sole discretion. (c) The solicitor and deputy solicitor of the municipal court must be of good moral character and shall have attained the age of 25 years and shall have been admitted to the State Bar of Georgia and shall have practiced law for at least one year at the time of his or her appointment. (d) The salary of the solicitor shall be fixed by the governing body. (e) Before assuming office, each solicitor shall take an oath, given by the mayor, that shall be entered upon the minutes of the governing body as required in Section 2.21 of this charter. The oath shall be as follows:
"I do solemnly swear that I will conduct the office of the solicitor of the Municipal Court of Gainesville, Georgia, in accordance with the law, that I will prosecute all cases made in said court to the very best of my ability, and that I will so conduct myself in carrying out the duties of the office in such a manner as will reflect credit upon the municipality in its administration of justice."

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SECTION 4.13. Clerk of court.

(a) There shall be a clerk of the Municipal Court of Gainesville, Georgia, who shall be appointed by the city manager or his or her designee. (b) The clerk may designate an assistant clerk of the court to assist him or her in the performance of his or her duties. (c) It shall be the duty of the clerk of the municipal court to perform such duties relative to the operation of the municipal court as the judge shall direct and perform all such other duties as are required or permitted by law or ordinance.

SECTION 4.14. Convening.

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

SECTION 4.15. 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

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property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (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 4.16. 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 Hall County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.

SECTION 4.17. Rules for court.

With the approval of the governing body, 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 governing body may adopt in part or in total the rules and regulations applicable to municipal courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings.

SECTION 4.18. Court personnel administration.

General administration and supervision of the municipal court shall fall under the supervision of the position classification plan.

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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 governing body.

(a) There shall be a municipal general election in the 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 regular election thereafter. The remaining 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) At the regular election in 2013 a mayor shall be elected to take office on January 1, 2014. (d) At the regular election in 2013, two councilmembers shall be elected to succeed the councilmembers from Wards One and Four whose terms expire December 31, 2013. Said councilmembers shall take office on January 1, 2014, for terms of four years and until their successors are elected and qualified. (e) At the regular election in 2015, three councilmembers shall be elected to succeed the councilmembers from Wards Two, Three, and Five whose terms expire December 31, 2015. Said councilmembers shall take office on January 1, 2016, for terms of four years and until their successors are elected and qualified. (f) Subsequent elections shall comply with subsection (b) of Section 5.11 of this charter.

SECTION 5.12. Election by majority.

The mayor and councilmembers shall be elected by a majority vote of the voters of the entire City of Gainesville voting at the election. The person receiving a majority of the votes cast for any city office shall be elected.

SECTION 5.13. Special elections; vacancies.

In the event that the office of mayor or councilmember shall become vacant as provided in Section 2.13 of this charter, the governing body or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such

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vacancy occurs within 12 months of the expiration of the term of that office, the governing body 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 5.14. Wards.

(a) For the purposes of electing the five councilmembers, the territory of the City of Gainesville shall be divided into five wards to be designated respectively as Wards One through Five. One councilmember shall be a resident of each ward. The boundaries of the five wards 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 each ward at all times shall be shown on a map, a written description, or any combination thereof, to be retained in the office of the city clerk and to be designated, as the case may be: "Official Map (or Description) of the Election Wards of the City of Gainesville, 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 governing body shall review the boundaries of the wards established by this section following each United States decennial census. Within a reasonable time after each such census, the governing body shall cause adjustments to be made to the boundary lines of such wards as may be necessary to maintain, as near as practicable, equal population for each of said wards, or reapportion the boundary lines of such wards, if necessary and as authorized by law.

SECTION 5.15. Other provisions.

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

SECTION 5.16. Removal of officers.

(a) The mayor or councilmembers 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 provisions within this charter or other applicable laws as are or may hereafter be enacted.

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(b) Removal of an elected official or appointed officer for violations pursuant to subsection (a) of this section or violations as otherwise provided for in this charter shall be accomplished by one of the following methods:
(1) Following a hearing at which an impartial panel shall render a decision. In the event an elected official or appointed officer is sought to be removed by the action of the governing body, 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 governing body 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 governing body to the Superior Court of Hall 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 Hall County following a hearing on a complaint seeking such removal brought by any resident of the City of Gainesville.

ARTICLE VI. FINANCE
A. PROPERTY TAXES SECTION 6.10. Property tax.

The governing body may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the City of Gainesville 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, of providing public education, of providing parks and recreation, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the governing body in its discretion. The taxable property within the limits of said city shall be assessed at 100 percent of its fair market value as determined by general state law.

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

The governing body, 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 governing body, 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.

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B. OCCUPATION TAXES AND REGULATORY FEES SECTION 6.12.
Occupation and business taxes.

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The governing body by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. The governing body 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 governing body 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. Excise taxes.

The governing body shall have the authority to impose, assess, levy, and collect an excise tax upon the sale, transfer, or dispensing of wine, malt beverages, or distilled spirits by wholesale and retail dealers within the city.

SECTION 6.15. Franchises.

(a) The governing body 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 governing body 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 governing body shall provide for the registration of all franchises with the city clerk or designee in a recorded format kept by the clerk. The governing body 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 governing body has the authority to impose a tax on gross receipts for the use of this city's streets and alleys for the purposes of railroads,

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

SECTION 6.16. Service charges.

The governing body by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary, and health services or any other services provided or made available inside and outside the corporate limits of the city. 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.

C. COLLECTION OF DELINQUENT TAXES SECTION 6.18.
Collection of delinquent taxes and fees.

The governing body, 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.

D. BORROWING SECTION 6.19. General obligation bonds.

The governing body 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.

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SECTION 6.20. Revenue bonds.

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

SECTION 6.21. Short-term loans.

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

SECTION 6.22. Lease purchase contracts.

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

E. ACCOUNTING AND BUDGETING SECTION 6.23. Fiscal year.

The fiscal year of the city government shall begin on the first day of July of each year and shall end on the last day of June of the following year. 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 governing body 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

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and plans. The governing body may also approve by resolution additional, supplemental budgetary policies and procedures that shall be consistent with this charter and city code.

SECTION 6.25. Submission of operating budget to governing body.

The manner of submission of the budget to the council shall be prescribed by ordinance.

SECTION 6.26. Action by governing body on operating budget.

(a) The governing body 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 governing body by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than June 30 of each year. If the governing body fails to adopt the budget by this date, the budget as submitted by the city manager shall be deemed adopted for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriation resolution setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance 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 governing body 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.

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SECTION 6.28. Changes in appropriations.

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The governing body by resolution 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 in accordance with generally accepted accounting practices.

SECTION 6.29. Capital budget.

(a) On or before the date fixed by the governing body but no later than 60 days prior to the beginning of each fiscal year, the city manager shall submit to the governing body a proposed capital improvements plan with a recommended capital budget containing the means of financing the improvements proposed for the ensuing fiscal year. The governing body shall have power to accept, with or without amendments, or reject the proposed plan and proposed budget. The governing body 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 2.25 of this charter. (b) The governing body shall adopt by resolution the final capital budget for the ensuing fiscal year not later than June 30 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 or firm of such accountants selected by the governing body. The audit shall be conducted according to generally accepted auditing principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this charter. Copies of annual audit reports shall be available at printing costs to the public. The governing body may provide for more frequent audits as it deems necessary.

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F. PROCUREMENT AND PROPERTY MANAGEMENT SECTION 6.31.
Contracting procedures.

No contract with the city shall be binding on the city unless: (1) It is in writing; (2) Has been reviewed as to form by the city attorney; (3) It is made or authorized by the governing body and such approval is entered in the governing body minutes of proceedings pursuant to Section 2.21 of this charter or is authorized as part of the budget process; and (4) It is executed by the mayor, mayor pro tempore, or city manager whose signature shall cause the city seal to be affixed.

SECTION 6.32. Centralized purchasing.

The governing body 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 governing body 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; provided, however no public utility owned or operated by the city shall be sold by the governing body unless the governing body, by a majority vote with all members participating, first resolve that such utility shall be sold, and, thereafter, the proposed sale is approved by a majority vote of the electors of the City of Gainesville voting in a special election called and held for that purpose. (b) The governing body 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 governing body 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

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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. A. SCHOOL DISTRICT CREATED
SECTION 7.10. Public schools established.

There shall be established, maintained, supported, and provided for by local taxation, and otherwise in the manner provided in this Act and authorized by the laws of the State of Georgia, a system of public schools in and for the City of Gainesville, Hall County, Georgia.

SECTION 7.11. General powers, school district, board of education.

(a) School district. There is created a body corporate and politic to be known and designated as the "Gainesville City School District." (b) Board of education.
(1) Management of school district. The school district shall be under the government, management, and control of a board of education, hereafter referred to as the "board." (2) General powers. The board shall possess all powers as are granted to boards of education under the Constitution and general laws of the State of Georgia, together with those other specific additional powers set forth in this Act. (3) Title, care, and custody of property. The board is vested with the title, care, and custody of all real or personal property used in the school district for educational purposes or for the administration of the school district, with the power to control such property in such manner as it thinks will best serve the interest of the public schools. Title to the properties known as Centennial Elementary School, Enota Elementary School, Fair Street Elementary School, Gainesville Elementary School, Gainesville Middle School, and Gainesville High School and all other property associated and under the control of the present Gainesville City School System shall be and is vested in the board, with title to all infrastructure supporting the provision of general governmental services to these tracts including utilities and public roads to remain vested in the city. (c) Authority to levy ad valorem taxes. (1) The board shall annually recommend to the mayor and council of the City of Gainesville the rate of the tax levy, not greater than the mills per dollar authorized and allowed under the laws and Constitution of the State of Georgia, necessary for the support, maintenance, and operation of the public schools of the City of Gainesville. The mayor

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and council shall levy the tax so certified by the board upon the assessed value of taxable property in the city for the purposes so specified by the board. (2) The board shall pay all expenses incurred for the levy and collection of ad valorem taxes for the support and maintenance of education in the school district and may contract for such services as provided in this Act or under Georgia law. (3) After complying with the procedure for authorization of bonded debt set forth in Georgia law and applicable to public school districts, the board shall have the power and authority to issue bonds or notes, or both, for capital outlay purposes, which may include buying and improving property for educational purposes and for the construction and maintenance of public schools, administrative offices, and storage, maintenance, transportation, and other facilities established and maintained under the direction of the board, provided that the debt that may be created under this paragraph shall never exceed any limitations established by the Constitution or laws of the State of Georgia. Any millage limitation referred to in this section shall not apply to the school tax levy necessary for the payment of the bonded indebtedness of the school district and shall apply only to the portion of the school tax levied for the support, maintenance, and operation of the school district. (4) The board shall assume the contractual obligations of the city pursuant to the agreement entered into between the city and the Hall County Board of Education on October 20, 1992.

B. EDUCATION WARDS SECTION 7.20.
Education wards created.

(a) For purposes of electing the five board members, the Gainesville City School District shall be divided into five education wards, to be designated respectively as Education Wards 1 through 5. One member of the board shall be elected from each of the five education wards, with the member from each education ward elected by a plurality vote of the voters voting within that respective ward. The boundaries of the five education wards of the Gainesville City School District shall be and correspond to those five numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: gainesvilleccsb-2012 Plan Type: Local Administrator: Gainesville User: Gina'.
(b)(1) When used in such attachment, the term 'VTD' (voting tabulation district) 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. (2) The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. Any part of the Gainesville City School District which is not included

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in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (3) Any part of the Gainesville City School District which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (4) Except as otherwise provided in the description of any education district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2010 for the State of Georgia. (c) Education Wards 1, 2, 3, 4, and 5 as they existed on January 1, 2012, shall continue to be designated as Education Wards 1, 2, 3, 4, and 5, respectively, but as newly described under this Act, and, on and after the effective date of this Act, such members of the board serving from those former education wards shall be deemed to be serving from and representing their respective wards as newly described under this section.

SECTION 7.21. Nonpartisan elections.

All members of the board shall be elected in nonpartisan elections as provided in Code Section 21-2-139 of the O.C.G.A.

SECTION 7.22. Qualifications and election.

Except as otherwise provided in this Act, the qualification and election of board members shall be in accordance with the requirements of Georgia law governing the nonpartisan election of local school boards.

SECTION 7.23. Dates of elections and terms of office.

The present members of the board shall continue their present terms representing the education wards from which they were elected. Successor members of the board shall be elected at the City of Gainesville general municipal election and shall serve for four-year terms beginning the first day of January immediately following their election.

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SECTION 7.24. Vacancies.

In the event of a vacancy occurring in the membership of the board for any reason other than the expiration of a term, that vacancy shall be filled as provided in Code Section 20-2-54.1 of the O.C.G.A.

C. BOARD OF EDUCATION SECTION 7.30. Powers and duties.

The board shall be vested with all powers, duties, and responsibilities as are granted to boards of education under the Constitution and general laws of the State of Georgia.

SECTION 7.31. Election and duties of board chairperson.

The members of the board shall, at their first meeting in January of each year, elect from their own membership a chairperson to serve for a term of office of one year. The board shall elect such additional officers as it may deem appropriate to serve for the terms established by the board. A member of the board may be reelected as chairperson. The chairperson shall have all those powers and responsibilities as set forth under the Constitution and laws of the State of Georgia applicable to the office of chairperson of a board of education. The chairperson shall hold office at the will of the board and the board shall be authorized to fill vacancies occurring in that office.

SECTION 7.32. Compensation of board members.

The board shall determine compensation of its members after holding two separate public hearings to be scheduled to begin between 7:00 P.M. and 8:00 P.M. Any increase in compensation for members of the board shall be implemented July 1 of the following year. Additionally, each member of the board shall be entitled to be reimbursed for actual expenses necessarily incurred in connection with service on the board, including but not limited to travel outside the district on official business or expenses incurred by a member or on behalf of a member to provide technology or equipment necessary for a member to carry out the business of the board. The board must approve any expenses paid to or on behalf of members of the board.

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D. SUPERINTENDENT SECTION 7.40.
Appointment and duties.

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The board shall appoint a superintendent and provide the superintendent with an employment contract to establish the compensation and fix the term of employment consistent with the requirements of Georgia law. The superintendent shall have all duties and responsibilities of a superintendent of schools as set forth in the Constitution and general laws of the State of Georgia.

ARTICLE VIII. GENERAL PROVISIONS
SECTION 8.10. 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 governing body shall from time to time require by ordinance or as may be provided by law. Premiums on such bonds shall be paid by the city.

SECTION 8.11. 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 governing body.

SECTION 8.12. General laws may be used.

The governing body, in its discretion, may elect to use the provision of any general laws of the state in addition to the provisions of this charter.

SECTION 8.13. Pending matters.

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

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SECTION 8.14. Construction.

(a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word "shall" is mandatory and the word "may" is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. (d) The term "governing body" shall mean the mayor and city council of the City of Gainesville, Georgia.

SECTION 8.15. Specific repealers.

An Act incorporating the City of Gainesville, approved April 11, 1979 (Ga. L. 1979, p. 3302), as amended, is hereby repealed in its entirety.

SECTION 8.16. Preclearance.

The Board of Education of the City of Gainesville 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 8.17. Effective date.

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

SECTION 8.18. General repealer.

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

Plan: gainesvilleccsb-2012 Plan Type: Local Administrator: Gainesville User: Gina

GEORGIA LAWS 2012 SESSION
District 001 Hall County VTD: 139022 - CHESTATEE 000400: 1003 1009 1011 VTD: 139025 - WEST WHELCHEL 000400: 1007 1008 1010 1012 1017 1018 1019 1020 1022 1023 4002 4005 4006 4007 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4025 4026 4030 4035 4050 4051 4057 000500: 4016 4030 4031 4032 4033 4034 4035 4036 4037 4040 4041 4042 4043 4044 4045 4046 4049 4050 4051 4062 VTD: 139026 - GAINESVILLE I 000500: 2026 2027 2029 3018 3021 3022 3023 3024 3025 3026 000900: 1001 1002 1003 1004 1005 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2019 2020 2021 2023 2025 2026 2027 2028 VTD: 139028 - GAINESVILLE III 000400: 2011 2013 2025 2026 2027 VTD: 139029 - GAINESVILLE IV 000900: 2017 2018 3000 3001 3013 4000 4001 4002 4011 VTD: 139030 - GAINESVILLE V 000400: 2001 2002 2003 2004 2005 2006 2008 2009 2010 2044 4031 4032 4034 4036 4037 4040 4045 4046 4049 000500: 2009 2010 2013 2014 3001 3002 3003 3006 3007 3008 3009 3010 3012 3014 3016 3019 3020 3028 4054 4058 4059 4060 4061 4063 4064 4065 VTD: 139031 - RIVERBEND 000600: 3031 3034 3039 VTD: 139039 - WHELCHEL II 000500: 1006 1016 1018 1021 1022 1023 1025 1028 2000 2003 2005 2015 2016 2017 2019 2021 2023 2024 2025 2039 2040 3029 3030 4055

4909

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

4056 5028 5030 000600: 3009 3010 3011 3013 3015 3028 3030

District 002 Hall County VTD: 139026 - GAINESVILLE I 000500: 2030 2031 2032 2041 2042 000900: 1000 1006 1007 1008 1009 1010 1011 1012 1013 1014 1022 1023 1024 VTD: 139028 - GAINESVILLE III 001003: 3000 3001 That part of Block 3021 which is bounded on the North by West Avenue, on the South by John W. Morrow Parkway, on the East by Comer Street and on the West by Brookwood Drive 3022 001101: 1028 1067 3000 3001 3002 3008 3009 3010 3011 3012 3052 3054 3055 3062 VTD: 139029 - GAINESVILLE IV 000800: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 000900: 1015 1016 1017 1018 1019 1020 1021 001101: 1000 1001 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1024 1025 1026 1027 1035 1036 1047 1048 1049 1061 1062 1063 1064 1065 1066 VTD: 139031 - RIVERBEND 000500: 2033 2035 2044 000600: 2079 2080 2081 2093 2095 3033 3036 3037 3041 3043 3044 3049 3052 3053 3054 3055 3058 3059 3060 3071 3072 3073 VTD: 139033 - NEW HOLLAND 000600: 1011 1012 1013 1014 1017 1026 2001 2002 2013 2014 2015 2017

GEORGIA LAWS 2012 SESSION
2018 2020 2021 2022 2023 2030 2031 2032 2044 2046 2048 2067 2070 2072 2073 2074 2075 2076 2077 2083 2084 2085 2086 2103 3056 3057 3069
District 003 Hall County VTD: 139003 - CHICOPEE 001301: 3009 3011 3017 3023 3024 3026 3027 3030 3032 3058 3059 3062 VTD: 139004 - OAKWOOD I 001403: 2003 2004 2055 2067 VTD: 139014 - AGRICULTURE CENTER 001201: 3016 3020 3021 3028 3029 3049 3054 3057 001301: 3048 3049 3050 3054 3060 3061 3063 3064 3065 3066 3067 3068 3075 3077 3083 VTD: 139015 - TADMORE 000701: 1014 2035 2036 2037 2048 001201: 3061 001202: 1007 1008 1009 1010 1013 1016 1018 1030 1031 1032 1033 VTD: 139027 - GAINESVILLE II 000701: 1006 1007 1011 1012 2010 2011 2018 2019 2020 2021 2022 2031 2033 2038 2041 2044 2045 2052 2054 000800: 1013 1014 1022 1023 1024 1025 1028 1029 1031 1034 1035 1036 2002 2003 2004 2005 2012 2014 2015 2017 2019 2021 2022 2023 2024 2025 2026 3010 3011 3012 3013 3014 3015 3016 3017 3018 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 001101: 1023 001201: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2010 2011 2012 2013

4911

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

VTD: 139029 - GAINESVILLE IV 001101: 1029 1030 1031 1032 1033 1034 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1068 1069 1070 1071 1072 1073 1078 1079 VTD: 139032 - GAINESVILLE MILL 001101: 1074 1077 001201: 2009 2014 2016 2017 2019 2020 2021 2022 2023 2026 2035 2036 2037 2039 2040 2046 2047 2048 2049 3000 3002 3003 3004 3010 001301: 3000 3002 3004 3006 3008 3043 3044 3045 3046 3047 3098 3099 VTD: 139033 - NEW HOLLAND 000701: 2001 2005 000800: 1030 2011 2020

District 004 Hall County VTD: 139001 - WILSON I 001002: 2000 2001 2002 2003 2004 2016 2029 2033 3000 3004 3010 3011 3013 3017 3020 3021 3023 3029 3030 VTD: 139002 - WILSON II 001002: 1006 1009 1011 1023 001004: 1051 1052 1056 1059 1060 VTD: 139003 - CHICOPEE 001101: 2067 001102: 1004 1006 1010 1012 1013 1014 1015 1019 1023 1024 1030 1031 1032 1036 1037 1038 1044 1056 1057 1066 1067 1070 001403: 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1030 1036 1037 1038 1039 1046 1047 1048 1049 1052 2008 2026 2072

GEORGIA LAWS 2012 SESSION
VTD: 139004 - OAKWOOD I 001403: 1042 1043 2027 2028 VTD: 139006 - OAKWOOD III 001402: 1036 2000 2002 2004 VTD: 139028 - GAINESVILLE III 001003: 1006 1008 1013 1014 1015 1019 1020 1023 1024 1026 2000 2001 2007 2020 2021 2022 2033 2034 2036 2037 2038 2039 2043 2046 2047 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3019 That part of Block 3021 which is bounded on the North by West Avenue, on the South by John W. Morrow Parkway, on the East by Jesse Jewel Parkway, and on the West by Comer Street 001101: 2000 2004 2006 2007 2010 2012 2013 2022 2023 2027 2030 2033 2034 2035 2036 2037 2052 2061 2062 2066 2068 3004 3005 3018 3019 3021 3023 3024 3027 3028 3030 3031 3036 3038 3039 3044 3048 3050 3051 3068 3069 3070 3071 001102: 1000 VTD: 139032 - GAINESVILLE MILL 001101: 2038 2056 2060 001102: 1033
District 005 Hall County VTD: 139002 - WILSON II 001004: 1036 1048 VTD: 139023 - FORK 000302: 1029 1030 4013 4014 000400: 2042 VTD: 139028 - GAINESVILLE III 000400: 2023 2029 2030 2031 2032 2033 2034 2035 2037 2038 2039 2040

4913

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

2041 000900: 3018 3019 3023 3024 3025 3026 3027 3028 3029 3030 3031 4014 4015 4016 4017 4018 4019 001003: 1000 2008 2009 2010 2011 2013 2014 001004: 1000 1001 1009 1010 1011 1014 1015 1016 1017 1018 1022 1023 1024 1025 1026 1029 1031 1032 1033 1034 1035 1047 VTD: 139029 - GAINESVILLE IV 000900: 2016 2022 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3014 3015 3016 3017 3020 3021 3022 4003 4004 4005 4006 4007 4008 4009 4010 4012 4013 001101: 1002 1003 1004 1005 1006 1007 1008 1009

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2012 session of the General Assembly of Georgia a bill to amend the Charter of the City of Gainesville to provide for an elected mayor and for other purposes.
This 16th day of February, 2012.
Representative Carl Rogers 26th District
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carl Rogers, who on oath deposes and says that he is the Representative from District 26 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Times which is the official organ of Hall County on February 19, 2012, and that the notice requirements of Code Section 28-1-14 have been met.
s/ CARL ROGERS Carl Rogers Representative, District 26

GEORGIA LAWS 2012 SESSION
Sworn to and subscribed before me, this 21st day of February 2012.

4915

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2015 (SEAL)

Approved April 11, 2012.

__________

DEKALB COUNTY RECORDER'S COURT; PAYMENT OF COSTS.

No. 476 (House Bill No. 1230).

AN ACT

To amend an Act creating and establishing the Recorder's Court of DeKalb County, approved March 17, 1959 (Ga. L. 1959, p. 3093), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 3565), so as to provide for the payment of costs in such court; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating and establishing the Recorder's Court of DeKalb County, approved March 17, 1959 (Ga. L. 1959, p. 3093), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 3565), is amended by revising Section 21 as follows:

"SECTION 21. Each person who is ordered to pay a fine for, is convicted of, or pleads guilty or enters a plea of nolo contendere to any violation shall pay court costs of $25.00 unless otherwise ordered by the sentencing judge. Such court costs may be included in an order of probation and paid during the probated part of any sentence. Such court costs shall be used to defray the cost of operating the recorder's court."

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

4916

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 2012 session of the General Assembly of Georgia a bill to amend an Act related to court costs for the recorder's court of DeKalb County, 1959 Ga. Laws p. 3093, section 21, as amended; to provide for applicability; to repeal conflicting laws; and for other purposes.

Representative Mary Margaret Oliver District 83

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mary Margaret Oliver, who on oath deposes and says that she is the Representative from District 83 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Champion which is the official organ of DeKalb County on March 1, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

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

Sworn to and subscribed before me, this 5th day of March 2012.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires Aug. 14, 2015 (SEAL)

Approved April 11, 2012.

__________

GEORGIA LAWS 2012 SESSION CITY OF NORCROSS CORPORATE LIMITS.

4917

No. 477 (House Bill No. 1236).

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), and an Act approved May 6, 2005 (Ga. L. 2005, p. 3876), so as to change the corporate limits of the City of Norcross; 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), and an Act approved May 6, 2005 (Ga. L. 2005, p. 3876), is revised in Section 1.12 by adding a new subsection to read as follows:
"(h)(1) 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: Legal Description Tract 'A' All that tract or parcel of land laying and being in land lots 211 and 212 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 northerly right-of-way of Interstate 85 and the shared land lot line for Land Lots 211 and 212 of the 6th District of Gwinnett County, Georgia, said point being the POINT OF BEGINNING; proceed thence south easterly direction along the northerly right-of-way of Interstate 85 to the Existing City of Norcross, Georgia City Limits Line; thence leaving the northerly right-of-way of Interstate 85 proceed in a northerly direction along the Existing City of Norcross, Georgia City Limits Line to a point located on southerly right-of-way of Bolton Circle; thence proceed northwest along the southerly right-of-way of Bolton Circle and the Existing City of Norcross, Georgia City Limits Line to a point; thence proceed in southwesterly direction leaving the southerly right-of-way of Bolton Circle and along the Existing City of Norcross City Limits Line to a point; thence proceed in northwesterly direction along the Existing City of Norcross, Georgia City Limits Line to a point located on the southerly right-of-way of Beaver Ruin Road; thence east along the southerly right-of-way of Beaver Ruin Road to the westerly right-of-way of Bolton Circle; thence across and perpendicular to Beaver Ruin Road to a point located on the

4918

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

northerly right-of-way of Beaver Ruin Road; thence northeast, east and southeast along the northerly right-of-way of Beaver Ruin Road to the western corner of 1804 Beaver Ruin Road; thence leaving the northerly right-of-way of Beaver Ruin Road proceed in a northeasterly direction along the northwest boundary of 1804 Beaver Ruin Road to a point; thence southeast along the northeast boundary of 1804 Beaver Ruin Road to a point located on the northerly right-of-way of Interstate 85; thence southwest along the northerly right-of-way of Interstate 85 to the POINT OF BEGINNING. Legal Description Tract 'B' All that tract or parcel of land lying and being in Land Lot 212 of the 6th District, Gwinnett County, Georgia and being more particularly described as follows: Beginning at a point located at the intersection of the southerly Right of Way line of Beaver Ruin Road (Right of Way Varies) and the easterly Right of Way line of Indian Trail Road (Right of Way Varies); thence along the southerly Right of Way line of Beaver Ruin Road North 17 Degrees 40 Minutes 21 Seconds East, 60.08 feet to a point; thence continue along the southerly Right of Way line of Beaver Ruin Road South 72 Degrees 10 Minutes 10 Seconds East, 37.02 feet to a point; thence continue along the southerly Right of Way line of Beaver Ruin Road South 85 Degrees 54 Minutes 57 Seconds East, 73.50 feet to a point; thence continue along the southerly Right of Way line of Beaver Ruin Road North 89 Degrees 40 Minutes 33 Seconds East, 64.69 feet to a point; thence leaving the southerly Right of Way line of Beaver Ruin Road South 15 Degrees 48 Minutes 14 Seconds East 236.96 feet to a point; thence South 74 Degrees 11 Minutes 46 Seconds West, 267.64 feet to a point on the easterly Right of Way line of Indian Trail Road; thence along the easterly Right of Way line of Indian Trail Road North 12 Degrees 49 Minutes 14 Seconds West, 82.78 feet to a point; thence continue along the easterly Right of Way line of Indian Trail Road North 04 Degrees 58 Minutes 19 Seconds West, 218.31 feet to The Point of Beginning containing 1.57 acres. (2) The portion of Interstate 85 and adjacent rights of way currently within the corporate limits of the City of Norcross, Georgia are hereby de-annexed from the existing corporate limits of the City of Norcross, Georgia."

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval; provided, however, that this Act shall be deemed effective as of December 31, 2012, for ad valorem tax purposes.

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

GEORGIA LAWS 2012 SESSION NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

4919

Notice is given that there will be introduced at the regular 2012 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, so as to change the corporate limits of the City of Norcross; to provide for related matters; to repeal conflicting laws; and for other purposes.

-s- Representative Tom Rice District 51

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 1, 2012, 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 5th day of March 2012.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2015 (SEAL)

Approved April 11, 2012.

__________

4920

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II CITY OF WEST POINT HOTEL/MOTEL TAX.

No. 478 (House Bill No. 1238).

AN ACT

To authorize the governing authority of the City of West Point to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.

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 West Point is authorized within the territorial limits of the city to levy an excise tax at a rate not to exceed 8 percent of the charge for the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the county for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly or periodically furnished for value.

SECTION 2. The enactment of this Act is subsequent to the adoption of a resolution of the governing authority of the City of West Point on March 8, 2010, which specifies the subsequent tax rate, identifies the projects or tourism product development purposes, and specifies the allocation of proceeds.

SECTION 3. In accordance with the terms of such resolution:
(1) In each fiscal year during which a tax is collected pursuant to paragraph (3) of subsection (b) of Code Section 48-13-51 of the O.C.G.A., an amount equal to not less than 50 percent of the total amount of taxes collected that exceed the amount of taxes that would be collected at the rate of 5 percent shall be expended for promoting tourism, conventions, and trade shows by the destination marketing organization designated by the City of West Point; 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.

GEORGIA LAWS 2012 SESSION
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

4921

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2012 session of the General Assembly of Georgia a bill to authorize the governing authority of the City of West Point to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, condition, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kip Smith, who on oath deposes and says that he is the Representative from District 129 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Harris County Journal which is the official organ of Harris County on February 23, 2012, and that the notice requirements of Code Section 28-1-14 have been met.
s/ KIP SMITH Kip Smith Representative, District 129
Sworn to and subscribed before me, this 7th day of March 2012.
s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires Aug. 14, 2015 (SEAL)
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2012 session of the General Assembly of Georgia a bill to authorize the governing authority of the City of West Point to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kip Smith, who on oath deposes and says that he is the Representative from District 129 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the LaGrange Daily News which is the official organ of Troup County on March 2, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

s/ KIP SMITH Kip Smith Representative, District 129

Sworn to and subscribed before me, this 7th day of March 2012.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires Aug. 14, 2015 (SEAL)

Approved April 11, 2012.

__________

CITY OF GLENNVILLE CORPORATE LIMITS.

No. 479 (House Bill No. 1243).

AN ACT

To amend an Act creating a new charter for the City of Glennville, approved August 21, 1911 (Ga. L. 1911, p. 1228), as amended, particularly by an Act approved March 22, 1990 (Ga. L. 1990, p. 4466), an Act approved April 28, 2006 (Ga. L. 2006, p. 3756), and an Act approved May 11, 2009 (Ga. L. 2009, p. 4304), so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

GEORGIA LAWS 2012 SESSION

4923

SECTION 1. An Act creating a new charter for the City of Glennville, approved August 21, 1911 (Ga. L. 1911, p. 1228), as amended, particularly by an Act approved March 22, 1990 (Ga. L. 1990, p. 4466), an Act approved April 28, 2006 (Ga. L. 2006, p. 3756), and an Act approved May 11, 2009 (Ga. L. 2009, p. 4304), is amended by adding a new section immediately following Section 2D to read as follows:

"SECTION 2E. In addition to any territory lying within the corporate limits of the City of Glennville, such corporate limits shall also include the following:
All that certain lot, tract or parcel of land situate, lying and being in the l432nd G. M. District of Tattnall County, Georgia, containing 93.79 acres, more or less, which is more accurately depicted by metes, bounds, courses and distances on a plat of survey prepared by Keith P. Pirkle, Georgia Registered Land Surveyor No. 2792, dated February 16, 2012. Said plat is a composite plat of two (2) parcels which are identified as "Outside City Limits" and "Inside City Limits". The lands being described hereby are those depicted as "Outside City Limits". Said plat is incorporated herein by reference for descriptive and all other purposes. Said property is identified and described as follows: Start at point marked by a PK nail that is driven into the center line of Georgia Highway No. 169 at the point where the centerline of County Road No. 321 intersects the centerline of Georgia Highway No. 169 and travel a generally southeasterly direction along a line that is S 05E 09' 38" E for a distance of 1,331.76 feet to a spike set in the center line of County Road No. 321 which is THE POINT OF BEGINNING; thence turning in a easterly direction and running along a line that is S 79E 49' 21" E a distance of 1,972.47 feet to a point; thence turning in a northwesterly direction and running along a line N 42E 20' 11" W a distance of 251.81 feet to a point; thence turning northerly and running along a line N 28E 54' 52" W a distance of 390.76 feet to a point; thence turning northerly and running along a line N 21E 31' 54" W a distance of 377.97 feet to a point; thence turning and running along a line N 43 E 04' 52" E a distance of 31.03 feet to a point marked by rebar; thence continuing along a line N 43E 04' 52" B a distance of 133.30 feet to a point where said line intersects with the Glennville city limits; thence turning in a south easterly direction and running along a line S 35E 36' 16" E a distance of 2,768.05 feet to a point; thence turning in a westerly direction and running along a line N 78E 42' 14" W a distance of 481.99 feet to a point; thence turning in a westerly direction and running along a line N 77E 04' 14" W a distance of 384.12 feet to a point; thence turning westerly and running along a line N 81E 08' 14" W a distance of 97.68 feet to a point; thence turning westerly and running along a line N 77E 19' 14" W a distance of 352.44 feet to a point; thence turning northwesterly and running along a line N 70E 17' 14" W a distance of 290.40 feet to a point; thence turning westerly and running along a line N 71 E 42' 31" W a distance of 85 feet to a concrete monument; thence turning and running in a southerly direction and running along a line S 29E 23' 50" W a

4924

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

distance of 1,040.41 feet to a concrete monument; thence turning and running in a westerly direction along a line N 85E 58' 33" W a distance of 355.07 feet to a point; thence turning westerly running along a line N 72E 06' 19" W a distance of 102.53 feet to a point; thence turning in a southwesterly direction and running along a line S 65E 29' 20" W a distance of 130.48 feet to a point; thence turning westerly and running along a line N 82E 15' 26" W a distance of 304.45 feet to a metal spike set in the center line of County Road No. 321; thence turning in a northerly direction and running along a line N 02E 21' 02" W a distance of 880.24 feet to a spike set in the center line of County Road No. 321; thence running in a northerly direction along a line N 05E 43' 38" W a distance of 155.58 feet to a point; thence turning northerly running along a line N 07E 42' 58" W a distance of 280.48 feet to a spike set in the center line of County Road No. 321; thence turning in a northerly direction and running along a line N 04E 07' 39" W a distance of 754.75 feet to THE POINT OF BEGINNING."

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2012 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Glennville, approved August 21, 1911 (Ga. L. 1911, p. 1228), as amended; and for other purposes.
Representative Delvis Dutton District 166
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Delvis Dutton, who on oath deposes and says that he is the Representative from District 166 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Glennville Sentinel which is the official organ of Tattnall County on March 8, 2012, and that the notice requirements of Code Section 28-1-14 have been met.
s/ DELVIS DUTTON Delvis Dutton Representative, District 166

GEORGIA LAWS 2012 SESSION
Sworn to and subscribed before me, this 8th day of March 2012.

4925

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2015 (SEAL)

Approved April 11, 2012.

__________

CITY OF KENNESAW CORPORATE LIMITS.

No. 480 (House Bill No. 1244).

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), and as amended by an Act approved April 20, 2011 (Ga. L. 2011, p. 3645), 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), and as amended by an Act approved April 20, 2011 (Ga. L. 2011, p. 3645), 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 NO. 1 All That Tract Or Parcel of Land Lying And Being In Land Lot 216 Of The 20th District, 2nd Section, Cobb County, Georgia as shown on plat of survey by S.J. Gostin Company, Inc., dated November 8, 1972, recorded in Plat Book 56, Page 207, Cobb County Records, and being more Particularly Described As Follows:
BEGINNING at an iron pin on the westerly right of way of Kennesaw-Due West Road 493.7 feet north of the intersection of the westerly right of way of Kennesaw-Due West

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Road with the northeasterly right of way of Stilesboro Road, as measured along the westerly right of way of Kennesaw-Due West Road; thence south 84 degrees 48 minutes west 144.4 feet to an iron pin; thence north 36 degrees 05 minutes west 100 feet to an iron pin; thence north 40 degrees 44 minutes east 65.8 feet to an iron pin; thence north 89 degrees 32 minutes east 170 feet to an iron pin at the westerly right of way of Kennesaw-Due West Road; thence south 04 degrees 54 minutes west 119.4 feet along the westerly right of way of Kennesaw-Due West Road to an iron pin and the POINT OF BEGINNING Said tract of land containing total acreage of .519+/- acre TRACT NO. 2 All That Tract Or Parcel of Land Lying And Being In Land Lot 216 Of The 20th District, 2nd Section, Cobb County, Georgia And Being 1.1 acre as shown on plat made for Roy W. Hood Dated October 6, 1967, and being more Particularly Described As Follows: BEGINNING at an iron pin located on the Westerly side of Due West Kennesaw Road 1241.5 feet Southerly and following the curvature of Due West Kennesaw Road from the intersection of the Westerly side of said road with the original North line of Land Lot 216; thence running Westerly for a distance of 248 feet to an iron pin and corner; thence running Southerly and forming an interior angle of 86 degrees, 39 minutes for a distance of 209.5 feet to an iron pin and corner; thence running Easterly and forming an interior angle of 93 degrees, 21 minutes for a distance of 216.6 feet to an iron pin and corner located on the Westerly side of Due West Kennesaw Road; thence running Northerly along the Westerly side of said road for a distance of 210 feet to the point of beginning. Said tract of land containing total acreage of 1.1+/- acre TRACT NO. 3 All that tract or parcel of land lying and being in Land Lot 216, 20th District, 2nd Section, Cobb County, Georgia, Being Lot 2, Block C, Stilesboro Crossing Subdivision, Unit Two, as per plan recorded in Plat Book 60, Page 208, Cobb County, Georgia records, which plat is incorporated herein by reference and made a part hereof for a more detailed description, being improved property known as 1662 Johnston Trail, NW, according to the present system of numbering houses in Cobb County, Georgia and being more particularly shown on survey dated 10 August, 1987 prepared by Georgia Land Surveying Co., Inc. Said tract of land containing total acreage of .57+/- acre TRACT NO. 4 All that tract or parcel of land lying and being in Land Lot 216, 20th District, 2nd Section, Cobb County, Georgia, Being Lot 3, Block C, Stilesboro Crossing Subdivision, Unit Two, as per plan recorded in Plat Book 60, Page 208, Records of Cobb County, Georgia records, which plat is hereby referred to and made a part hereof by reference, and being more particularly shown on survey prepared by Eston Pendley & Assoc., Inc., dated January 27, 1977.

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Said tract of land containing total acreage of .65+/- acre TRACT NO. 5 All That Tract Or Parcel of Land Lying And Being In Land Lot 216 Of The 20th District, 2nd Section, Cobb County, Georgia And Being More Particularly Described As Follows:
BEGINNING at the northerly intersection of the westerly right-of-way of Kennesaw Due West Road (80 foot right-of-way) and the northeasterly right-of-way of Stilesboro Road (70 foot right-of-way) thence North 36 degrees 06' West along the northeasterly right-of-way of Stilesboro Road, 400.0 feet to the TRUE POINT OF BEGINNING; thence north 36 degrees 06' West along said right-of-way of Stilesboro Road 100.0 feet to a corner, thence North 40 degrees 44' East, 205.5 feet to a corner; thence Sought 36 degrees 06' East, 100 feet to a point and corner; thence South 40 degrees 44' West, 205 feet to a corner on said northeasterly right-of-way of Stilesboro Road and the TRUE POINT OF BEGINNING. Being that o.46 acre parcel labeled Parcel No. 1 on a certain plat of survey dated October 26, 1972 for Barnes Realty, Inc. By L.J. Gastin Company, Inc. of Macon, Georgia filed December 19, 1972 in Plat Book 56, page 207, Cobb County Records said plat incorporated herein by reference for more complete description. And; Said tract of land containing total acreage of .38+/- acre TRACT NO. 6 All that tract or parcel of land lying and being in Land Lot 216 of the 20th District, 2nd Section, Cobb County, Georgia, being Lot 1, Lot 2 and Lot 1, Block "C", Stilesboro Crossing Subdivision, Unit Two, as per plat recorded in Plat Book 60, page 208, Records of Cobb County, Georgia. Said tract of land containing total acreage of .578+/- acre TRACT NO. 7 All That Tract Or Parcel of Land Lying And Being In Land Lot 216 Of The 20th District, 2nd Section, Cobb County, Georgia And Being More Particularly Described As Follows: BEGINNING at a point on the Westerly right-of-way of Kennesaw-Due West Road, 363.7 feet Northerly, as measured along the Westerly right-of-way of Kennesaw-Due West from the intersection of the Westerly right-of-way of Kennesaw-Due West Road and the Northeasterly right-of-way of Stilesboro Road; thence North 85 degrees, 05 minute, 48 seconds West, 217.74 feet to a point; thence North 40 degrees, 44 minutes East, 129.1 feet to a point; thence North 84 degrees, 48 minutes East, 144.4 feet to a point on the Westerly right-of-way of Kennesaw-Due West Road; thence South 4 degrees, 54 minutes West, along the Westerly right-of-way of Kennesaw-Due West Road, 130 feet to the point of beginning. Said tract of land containing total acreage of .45+/- acre"

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

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

Notice is hereby given that there will be introduced at the regular 2012 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 18th day of January, 2012.

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 January 27, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

s/ ED SETZLER Ed Setzler Representative, District 35

Sworn to and subscribed before me, this 3rd day of February 2012.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires Aug. 14, 2015 (SEAL)

Approved April 11, 2012.

__________

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FRANKLIN COUNTY BOARD OF ELECTIONS AND REGISTRATION; STAGGERED TERMS.

No. 481 (House Bill No. 1245).

AN ACT

To amend an Act to create a board of elections and registration for Franklin County and to provide for its powers and duties, approved May 1, 2008 (Ga. L. 2008, p. 3632), so as to stagger the terms of the members of the board; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for 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 Franklin County and to provide for its powers and duties, approved May 1, 2008 (Ga. L. 2008, p. 3632), is amended by revising Section 3 as follows:
"SECTION 3. (a) The board shall be composed of five members, each of whom shall be an elector and a resident of the county and who shall be appointed as provided in this section. (b) Two members of the board shall be appointed by the political party that received the highest number of votes within the county for its candidate for Governor in the general election immediately preceding the appointment of such members. Two members of the board shall be appointed by the political party that received the second highest number of votes within the county for its candidate for Governor in the general election immediately preceding the appointment of such members. Each of the members appointed by such political parties shall be nominated by the chairperson and ratified by the county executive committee of the respective political party at least 30 days before the beginning of the term of office or within 30 days after the creation of a vacancy in such office. In the event that a political party entitled to appoint a member of the board does not have a county executive committee, such appointment shall be made by the state executive committee of such political party. One member shall be appointed by the most senior judge of the Northern Judicial Circuit whose primary office is located in Franklin County or, if there is no such judge, then the chief judge of the Northern Judicial Circuit. The judge appointing the fifth member of the board shall also appoint one of the members of the board to serve as chairperson. (c) The members of the board in office on the effective date of this section shall serve out the terms to which they were appointed and until the appointment and qualification of their respective successors. In making appointment of successors to the members of the board

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in 2012 for the members whose terms end on December 31, 2012, each political party making appointments under this section shall designate one of its appointees to serve a term of two years beginning January 1, 2013, and ending December 31, 2014, and until his or her successor is duly appointed and qualified and one of its appointees to serve a term of four years beginning January 1, 2013, and ending December 31, 2016, and until his or her successor is duly appointed and qualified. The person appointed to succeed the member appointed by the most senior judge of the Northern Judicial Circuit whose primary office is located in Franklin County or, if there is no such judge, then the chief judge of the Northern Judicial Circuit shall be appointed for a term of four years beginning January 1, 2013, and ending December 31, 2016, and until his or her successor is duly appointed and qualified. (d) Successors to such members shall be appointed as provided in this section at least 30 days prior to the expiration of the term of office of their predecessor, shall take office on January 1 immediately following the expiration of the term of office of their predecessor, and serve for terms of office of four years and until their respective successors are duly appointed and qualified. (e) Each political party making an appointment under this section shall certify the name and residential address of each such appointee to the most senior judge of the Northern Judicial Circuit whose primary office is located in Franklin County or, if there is no such judge, then the chief judge of the Northern Judicial Circuit immediately upon making such appointment."

SECTION 2. It shall be the duty of the Board of Commissioners of Franklin County through its legal counsel to submit this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2012 session of the General Assembly of Georgia a bill to amend an Act to create a board of elections and registration for Franklin County and to provide for its powers and duties, approved May 1, 2008 (Ga. L. 2008, p. 3632), so as to stagger the terms of the members of the board; and for other purposes.

GEORGIA LAWS 2012 SESSION
Chairman Samuel D. Elrod Franklin County Commission

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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 1, 2012, 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 7th day of March 2012.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2015 (SEAL)

Approved April 11, 2012.

__________

CITY OF GARDEN CITY HOMESTEAD EXEMPTION; CITY TAXES; REFERENDUM.

No. 482 (House Bill No. 1248).

AN ACT

To provide for a homestead exemption from City of Garden City 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; 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.

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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 Garden City, except for any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (b) Each resident of the City of Garden City is granted an exemption on that person's homestead from City of Garden City 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 such person or person's agent files an application with the governing authority of the City of Garden City, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Garden City, 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 Garden City, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year as long as the 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 Garden City, 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 Garden City ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2013.

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Garden City shall call and conduct an election as

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provided in this section for the purpose of submitting this Act to the electors of the City of Garden City for approval or rejection. The municipal election superintendent shall conduct that election on the date of the 2012 state-wide general election and shall issue the call and conduct that election as provided by general law. The municipal election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Chatham County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act be approved which provides a homestead exemption from City of Garden City 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?"

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, 2013. 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 Garden City. 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 2012 session of the General Assembly of Georgia, a bill to provide a homestead exemption from Garden City, Georgia, 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 and for other purposes.
This the 6 day of March, 2012
Bob Bryant State Representative 160th District

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GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Bryant, who on oath deposes and says that he is the Representative from District 160 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Savannah Morning News which is the official organ of Chatham County on March 8, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

s/ BOB BRYANT Bob Bryant Representative, District 160

Sworn to and subscribed before me, this 12th day of March 2012.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2015 (SEAL)

Approved April 11, 2012.

__________

TOWN OF LYERLY NEW CHARTER.

No. 483 (House Bill No. 1249).

AN ACT

To provide a new charter for the Town of Lyerly; to provide for incorporation, boundaries, and powers of the town; to provide for a governing authority of such town and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a mayor and 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

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

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

ARTICLE I INCORPORATION
SECTION 1.10. Incorporation.

This Act shall constitute the whole charter of the Town of Lyerly repealing and replacing the charter provided by an Act of the General Assembly approved April 5, 1976 (Ga. L. 1976, p. 4051), as amended. The Town of Lyerly, Georgia, in the County of Chattooga and the inhabitants thereof are hereby constituted and declared a body politic and corporate under the same name and style of the "Town of Lyerly, Georgia," and by that name shall have perpetual succession, may sue and be sued and plead and be impleaded in all the courts of law and equity and in all actions whatsoever and may have and use a common seal and change it at pleasure.

SECTION 1.11. Corporate boundaries.

(a) The boundaries of the Town of Lyerly shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The current boundaries of the Town of Lyerly at all times shall be shown on a map to be retained permanently in the office of the town clerk and to be designated: "Map of Lyerly, Georgia." Alterations in these boundaries shall be indicated by appropriate entries upon or additions to such map. Such entries or additions shall be made by and under the direction of the mayor. Photographic, typed, or other copies of such map certified by the mayor shall be admitted in evidence in all courts and shall have the same force and effect as the original map.

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(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 earlier map or maps which it is designated to replace.

SECTION 1.12. Specific powers and construction.

(a) The government of the Town of Lyerly 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. 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 town; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the town. (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 town taxes or fees. (e) Condemnation. To condemn property inside or outside the corporate limits of the town, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted.

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(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 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. (h) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of the town, 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. (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 consistent 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 town 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 town, 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 the powers and duties of the town and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose. (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 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, 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 town. (p) 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

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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 town and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia. (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 town. (s) 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. (t) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to a system of waterworks, sewers and drains, sewage disposal, storm-water management, gas works, electric light plants, cable television and other telecommunications, transportation facilities, public airports, and any other public utility; and to fix 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 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. (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 town; to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted. (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.

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(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 town; 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 town. (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 town; 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 and the manufacture and sale of intoxicating liquors; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; to license and tax professional fortunetelling, palmistry, and massage parlors; and to restrict adult bookstores to certain areas. (jj) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements.

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(kk) Taxes: Ad valorem and other. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; to levy and collect such other taxes as may be allowed now or in the future by law. (ll) 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. (mm) Urban redevelopment. To organize and operate an urban redevelopment program. (nn) 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; 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 town, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.

ARTICLE II LEGISLATIVE BRANCH
CHAPTER 1 Governing body.

SECTION 2.10. Creation; number; election.

The legislative authority of the government of the Town of Lyerly, except as otherwise specifically provided in this charter, shall be vested in a town council to be composed of four members, who shall be elected in the manner provided by Article V of this charter. The town council established shall in all respects be a successor to and continuation of the governing authority under prior law. The councilmembers in office on the effective date of this Act shall continue in office until the expiration of the terms for which they were elected.

GEORGIA LAWS 2012 SESSION
SECTION 2.11. Qualifications and terms of office.

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(a) Qualifications. A person shall be eligible to serve as councilmember if such person shall have been a resident of the town for a period of one year immediately prior to the date of the election to such office; shall continue to reside therein during such person's period of service; and shall be registered and qualified to vote in municipal elections of the Town of Lyerly; and shall meet the qualifications required of members of the Georgia House of Representatives, as are now or may in the future be prescribed by the Georgia Constitution. Employees of the Town of Lyerly are ineligible to qualify for the election to public offices as outlined in subsection (i) of Section 2.14. Minimum age requirements for councilmembers shall be set at 21 years of age. (b) Terms. The members of the town council shall serve for terms of four years and until their respective successors are elected and qualified. To hold the office of councilmember, a person shall continue to possess the qualifications prescribed in subsection (a) of this section and shall not hold any other elective public office, or hold any position of employment with the State of Georgia, or any county, city, or town thereof.

SECTION 2.12. Vacancy; forfeiture of office; filling of vacancies.

(a) Vacancies. The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or occurrence of any relevant 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) Forfeiture of office. The mayor or any councilmember shall forfeit his or her office if such person:
(1) Lacks at any time during such person's term of office any qualifications of the office as prescribed by this charter or the laws of the State of Georgia; (2) Willfully and knowingly violates any express prohibition of this charter; or (3) Is convicted of a crime involving moral turpitude. (c) Filling of Vacancies. A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, by appointment by the town council or those members remaining if fewer than 12 months remain 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 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. (d) Subsection (c) of this section shall also apply to a temporary vacancy created by the suspension from office of any councilmember.

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SECTION 2.13. Compensation and expenses.

The mayor and councilmembers shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties of office and may fix their compensation as authorized by general law; provided, however, that no increase in the salary of the mayor or councilmembers shall become effective until the date of commencement of the terms of mayor and councilmembers elected at the next regular election.

SECTION 2.14. Prohibitions.

(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) Holding other office. Except as authorized by law, no member of the town council or mayor shall hold any other elective town office or town employment during the term for which such person was elected. (c) Voting when personally interested. Neither the mayor nor any other member of the council shall vote upon, sign, or veto any ordinance, resolution, contract, or other matter in which such person is personally or financially interested. (d) Conflict of interest. No elected official, appointed officer, or employee of the town or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction, or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of that person's official duties or which would tend to impair the independence of the official's judgment or action in the performance of those official duties; (2) Engage in or accept private employment, or render services for private interests when such employment or service is incompatible with the proper discharge of that person's official duties or would tend to impair the independence of the official's judgment or action in the performance of those official duties; (3) Disclose confidential information, including information obtained at meetings which are closed pursuant to Chapter 14 of Title 50 of the 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, 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;

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(5) Represent other private interests in any action or proceeding against this town 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. (e) Disclosure. Any elected official, appointed officer, or employee who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within any department of the town shall disclose such interest to the town council. The mayor or any councilmember who has a financial interest in any matter pending before the town council shall disclose such interest and such disclosure shall be entered on the records of the town council, and that official shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such interest to the governing body of such agency or entity. (f) Use of public property. No elected official, appointed officer, or employee of the town or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit or profit but shall use such property only in their capacity as an officer or employee of the town. (g) 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 town council. (h) 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 town or otherwise be employed by such government or any agency thereof during the term for which that official was elected. (i) Political activities of certain officers and employees. No appointive officer or employee of the town shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. No employee of the town shall continue in such employment upon qualifying for or election to any public office in this town or any other public office which is inconsistent, incompatible, or in conflict with the duties of the town employee. Such determination shall be made by the town council either immediately upon election or at any time such conflict may arise. (j) Penalties for violation. Any town officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited that person's office or position. Any officer or employee of the town who shall forfeit an office or position as provided in this subsection shall be ineligible for appointment or election to or employment in a position in the town government for a period of three years.

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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.

(a) Except as otherwise provided by law or by this charter, the town council shall be vested with all the powers of government of the Town of Lyerly as provided by Article I of this charter. (b) In addition to all other powers conferred upon it by law, the town council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules, and regulations not inconsistent with this charter and the Constitution and laws of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of the Town of Lyerly and may enforce such ordinances by imposing penalties for violation thereof.

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 2012 SESSION
CHAPTER 2 Organizations and procedures.

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SECTION 2.18. Organization.

(a) At the first regular meeting in each year, the oath of office shall be administered to the mayor and councilmembers beginning a new term of office as follows:
"I do solemnly swear that I will faithfully perform the duties of (mayor)(councilmember) of this town and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and 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 such office according to the Constitution and laws of Georgia. I have been a resident of the Town of Lyerly 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 Lyerly to the best of my ability without fear, favor, affection, reward, or expectation thereof."

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. The town council may recess any regular meeting and continue such meeting on any weekday or hour it may fix, and may transact any business at such continued meeting that may be transacted at any regular meeting. (b) Special meetings of the town council may be held on call of the mayor or three members of the town council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the town council shall be public to the extent required by law and notice to the public of special meetings shall be made 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.

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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 councilmembers shall constitute a quorum and shall be authorized to transact business of the town council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the town council shall have the right to request a roll call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three councilmembers shall be required for the adoption of any ordinance, resolution, or motion. (b) No member of the town council shall abstain from voting on any matter properly brought before the town 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 town 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. Ordinances.

(a) Every proposed ordinance should be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "It is hereby ordained by the governing authority of the Town of Lyerly" and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the town council. Ordinances shall be considered and adopted or rejected by the town council in accordance with the rules which it shall establish; provided, however, that 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

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shall file a reasonable number of copies in the office of the clerk and at such other public places as the town council may designate.

SECTION 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. Emergency ordinances.

(a) To meet a public emergency affecting life, health, property, or public peace, the town council may adopt one or more emergency ordinances, but such ordinances may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except as provided by law. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least three members of the town council 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 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:

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(1) The requirements of subsection (b) of Section 2.22 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) A copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.26 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for inspection by the public.

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

(a) The clerk shall authenticate by his or her signature and record in full in a properly indexed book kept for the purpose all ordinances adopted by the town council. (b) The town council may provide for the preparation of a general codification of all of 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 as the town council may specify. This compilation shall be known and cited officially as "The Code of the Town of Lyerly, 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 incorporation therein. The town 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.

SECTION 2.27. Town council interference with administration.

Except for the purpose of inquiries and investigations under Section 2.15 of this charter, the town council or its members shall deal with town officers and employees who are subject to the direction and supervision of the mayor solely through the mayor, and neither the town council nor its members shall give orders to any such officer or employee, either publicly or privately.

GEORGIA LAWS 2012 SESSION
ARTICLE III EXECUTIVE BRANCH
CHAPTER 1 Mayor.

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SECTION 3.10. Qualification; election; term.

(a) Qualifications. To qualify for election as mayor, a person shall be at least 25 years of age; shall have been a resident of the town for at least one year preceding the date of qualifying for candidacy for mayor; and shall be registered and qualified to vote in municipal elections of the Town of Lyerly. (b) Election and term. At each regular election, the voters of the town shall elect a mayor at large for a term of four years. To hold the office of mayor, a person shall continue to possess the qualifications prescribed in subsection (a) of this section and shall not hold any other elective public office, or hold any position of employment with the State of Georgia, or any county, city, or town thereof.

SECTION 3.11. Mayor pro tem.

The councilmember receiving the highest number of votes in the general election for the office of councilmember shall be appointed by the town council as mayor pro tem. The mayor pro tem shall act as mayor during the absence or disability of the mayor for any cause. When acting as mayor, the mayor pro tem shall be clothed with all the rights and privileges of the mayor and shall perform duties 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. When serving as mayor, the mayor pro tem shall not also vote as a member of the town council.

SECTION 3.12. Chief executive officer.

The mayor shall be the chief executive of the Town of Lyerly and shall possess, have, and exercise all of the executive and administrative powers granted to the town under the Constitution and laws of the State of Georgia, and all the executive and administrative powers contained in this charter.

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SECTION 3.13. Powers and duties.

As the chief executive of the Town of Lyerly, the mayor shall: (1) Execute and enforce the provisions of this charter, the ordinances of the town, and all other laws; (2) Be the head of the town for the purpose of service of process and for ceremonial purposes, and be the official spokesperson for the town and the chief advocate of policy; (3) Exercise supervision over the administration of all departments of the town and may delegate all or part of such supervision to the department heads; (4) Prepare periodically, but not less than annually, and submit to the town council for approval a comprehensive development policy which shall consider the town's physical, economic, and social aspects and state the goals and objectives of the Town of Lyerly and its citizens and the necessary recommendations, policies, programs, and priorities for obtaining them; (5) Submit to the town council the recommended annual budget; (6) Approve or veto proposed ordinances and resolutions as provided in this charter; (7) Convene special meetings of the town council at his or her discretion; (8) Conduct studies and make investigations and reports to the town council concerning the operations of departments, offices, and agencies of the town and require any department, board, commission, or agency under his or her jurisdiction to submit written reports and information; (9) Prescribe, require, publish, and implement standards of administrative management and operating practices and procedures to be followed and adhered to by all offices, departments, boards, commissions, authorities, and other agencies of the town subject to his or her supervision or jurisdiction or delegate all or part of such responsibilities to the department head; (10) Advise the town council as to the financial condition, future needs, and general welfare of the town and make such recommendations to the town council concerning the affairs of the town as he or she deems desirable; (11) When authorized by the town council, negotiate deeds, bonds, contracts, and other instruments and documents on behalf of the town and execute same after final approval by the town council; (12) Represent the town in affairs of intergovernmental relations, promote and improve the government of the town, encourage the growth of the town, and promote and develop the prosperity and social well-being of its people; (13) Initiate such administrative reorganization within town government as he or she may deem desirable; (14) Purchase supplies, material, equipment, and personal property of every type and description, and services for the rental, repair, or maintenance of equipment, machinery, and other town owned property; provided, however, that the purchase amount does not

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exceed amounts prescribed by internal control policies; any award of contract not competitively procured in accordance with the ordinances of the town or not awarded to the lowest bidder or offerer shall be approved by the town council prior to award; and (15) Perform such other duties as may be required by law, this charter, or by ordinance.

SECTION 3.14. Delegation of powers and duties; prohibition.

In no event shall the mayor delegate to the department head or any other appointed officer or employee the power to approve or veto ordinances or resolutions, convene meetings of the town council, serve as acting mayor, remove the town attorney or town clerk, or amend budgets.

SECTION 3.15. Submission of ordinances to the mayor; veto power.

(a) All ordinances adopted by the town council shall be presented promptly by the clerk to the mayor. (b) The mayor, within ten calendar days of receipt of an ordinance, shall return it to the clerk with or without the mayor's approval, or with his or her disapproval. If the ordinance has been approved by the mayor, it shall become law upon its return to the clerk; if the ordinance is neither approved nor disapproved, it shall become law at 12:00 Noon the tenth calendar day after its adoption; if the ordinance is disapproved, the mayor shall submit to the town council through the clerk a written statement of the reasons for veto. The clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor. (c) Ordinances vetoed by the mayor shall be presented by the clerk to the town council at its next regular meeting and should the town council then or at its next regular meeting adopt the ordinance by an affirmative vote of three of its members, excluding the mayor, it shall become law. (d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the town council over the mayor's veto as provided herein. The reduced part or parts shall be presented to the town council as though disapproved and shall not become law unless overridden by the town council as provided in subsection (c) of this section.

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CHAPTER 2 Organization and general provisions.

SECTION 3.20. Administrative and service departments.

(a) Except as otherwise provided in this charter, the town council, by ordinance, shall prescribe the functions or duties, and establish, abolish, alter, consolidate, or leave vacant all nonelective offices, positions of employment, departments, and agencies of the town, as necessary for the proper administration of the affairs and government of the town. (b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the town shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointive officers and directors of departments shall receive such compensation as is 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 town 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 3.21. Boards, commissions, and authorities.

(a) The town council shall create by ordinance 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 nominated by the mayor with confirmation of appointment by the town council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, term of office, or manner of appointment is prescribed by this charter or by law. (c) The town council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the town.

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(e) Any vacancy on a board, commission, or authority of the town 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 town an oath obligating that individual 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, commission, and authority 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 chair and one member as vice chairperson, and may elect as its secretary one of its own members or may appoint as secretary an employee of the town. Each board, commission, or authority of the town government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the town, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the town.

SECTION 3.22. Town attorney.

The mayor 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 town council as directed; shall advise the town council, mayor, and other officers and employees of the town concerning legal aspects of the town's affairs; and shall perform such other duties as may be required by virtue of the person's position as town attorney. The town attorney is not a public official of the town and shall not take an oath of office. The town attorney shall at all times be an independent contractor. A law firm, rather than an individual, may be designated as the town attorney.

SECTION 3.23. Town clerk.

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

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SECTION 3.24. Tax collector.

The town council may appoint a tax collector to collect all taxes, licenses, fees, and other moneys belonging to the town subject to the provisions of this charter and the ordinances of the town consistent therewith. The tax collector shall diligently comply with and enforce all general laws of Georgia relating to the collection, sale, or foreclosure of taxes by municipalities.

SECTION 3.25. Consolidation of functions.

The town council may consolidate any two or more of the positions of town clerk and town tax collector, or any other positions, or may assign the functions of any one or more of such positions to the holder or holders of any other positions.

CHAPTER 3 Personnel administration.

SECTION 3.30. Personnel policies.

All employees serve at will and may be removed from office at any time unless otherwise provided by ordinance. The town council shall adopt rules and regulations consistent with the charter concerning personnel policies as may be necessary to provide for adequate and systematic handling of the personnel affairs of the Town of Lyerly.

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 Lyerly.

SECTION 4.11. Chief judge; associate judge.

(a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or standby judges as shall be provided by ordinance.

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(b) No person shall be qualified or eligible to serve as a judge on the municipal court unless that person shall have attained the age of 21 years, 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 town council and shall serve until a successor is appointed and qualified. (c) Compensation of the judges shall be fixed by ordinance. (d) Judges shall 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 by the clerk.

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 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 $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 180 days or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation, and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before such court, and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for that person's appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge 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

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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 town property taxes. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the town, and each judge of the municipal court shall have the 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 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 town council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the town council may adopt in part or in toto the rules and regulations applicable to municipal courts. The rules and 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 such proceedings.

ARTICLE V ELECTIONS AND REMOVAL

SECTION 5.10. Applicability of general laws.

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

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SECTION 5.11. Election of the town council and mayor.

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(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 regular election thereafter. The remaining town council seats shall be filled at the election alternating with the first election so that a continuing body is created. Except as otherwise provided in subsection (d) of this section, terms of office shall be for four years and until a successor is elected and qualified. (c) The mayor and councilmembers shall be elected at large. Officers shall be sworn in at the first organizational meeting in January as provided by this charter. (d) At the 2013 municipal general election, two of the town council seats shall be designated for two-year terms of office and two seats shall be designated for four-year terms of office. Successors to the two persons who are elected to the two-year terms of office shall be elected at the 2015 municipal general election. Successors to the two persons who are elected to the four-year terms of office shall be elected at the 2017 municipal general election. A successor to the mayor shall be elected at the 2013 municipal general election for a four-year term of office. Thereafter, successors to the mayor and councilmembers shall be elected at the municipal general election immediately preceding the expiration of the term of office for terms of four years and until their respective successors are elected and qualified.

SECTION 5.12. Nonpartisan elections.

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

SECTION 5.13. Qualifying; nomination and election of candidates; absentee ballots.

The town council may, by ordinance, prescribe rules and regulations consistent with law governing qualifying fees, nomination of candidates, absentee ballots, write-in votes, challenge of votes, purging of registration lists, and such other rules and regulations as may be necessary for the conduct of elections in the Town of Lyerly. The candidate for mayor receiving the highest number of votes shall be deemed elected mayor, and the candidates receiving the highest number of votes for councilmembers shall be deemed elected councilmembers.

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SECTION 5.14. Vacancies.

In the event that the office of mayor shall become vacant for any cause whatsoever, the mayor pro tem shall act as mayor until the next general election with all the powers and duties of the mayor. In the event that the office of councilmember shall become vacant for any cause whatsoever, the town 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, the town council or those remaining shall appoint a successor for the remainder of the term, so long as the necessary quorum to approve the appointment remains. The tenure of office of councilmember so appointed shall continue only until the next general election. In the event that the required number of councilmembers to constitute a quorum does not remain, the town council or those members remaining shall order a special election to fill the balance of the unexpired term of such official or officials. 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 town council shall, by ordinance, prescribe such rules and regulations as it deems appropriate to fulfill any options and duties under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.

SECTION 5.16. Removal of officers.

(a) The mayor, councilmembers, or 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 now 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 ten days after the service of such written notice. The town council shall provide by ordinance for the manner in which such hearings shall be held. Any elected officer sought to be removed from office as provided in this section shall have the right of appeal from the decision of the town council to the Superior

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Court of Chattooga 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 Chattooga County following a hearing on a complaint seeking such removal brought by any resident of the Town of Lyerly.

ARTICLE VI FINANCE AND FISCAL
CHAPTER 1 Taxation.

SECTION 6.10. Property taxes.

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

SECTION 6.11. Millage 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 shall be paid. The town 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. Licenses; occupational taxes; excise 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 the town to obtain a permit for such activity from the town and pay a

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reasonable regulatory fee for such permit as provided by general law. Such fees shall reflect the total cost to the town of regulating the activity, and if unpaid shall be collected as provided in Section 6.18 of this charter.

SECTION 6.14. Franchises.

(a) The town council shall have the power to grant franchises for the use of the 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, that 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 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 the 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.

SECTION 6.15. Service charges.

The town 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 town. 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. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.

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SECTION 6.17. Construction; other taxes and fees.

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

SECTION 6.18. Collection of delinquent taxes.

The town council, by ordinance, may provide 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.fas; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking town issued permits for failure to pay any town taxes or fees; and providing for the assignment or transfer of tax executions.

CHAPTER 2 Indebtedness.

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 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 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-term loans.

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

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SECTION 6.22. Lease-purchase contracts.

The town 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.

CHAPTER 3 Accounting and budgeting.

SECTION 6.30. Fiscal year.

The town 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 office, department or institution, agency, and activity of the town government, unless otherwise provided by state or federal law.

SECTION 6.31. Submission of operating budget to town council.

On or before a date fixed by the town council but not later than 30 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 operating budget hereinafter provided for and all supporting documents shall be filed in the office of the town clerk and shall be open to public inspection.

SECTION 6.32. Action by town council on budget.

(a) The town council may amend the operating budget proposed by the mayor; provided 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, 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 ten days prior to the beginning of such fiscal year. If the town

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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. (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 6.33. Tax levies.

The town 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 the town.

SECTION 6.34. Changes in appropriations.

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

SECTION 6.35. 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 cost to the public.

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CHAPTER 4 Procurement and property management.

SECTION 6.40. 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 to 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.

SECTION 6.41. Centralized purchasing.

The town council shall by ordinance prescribe procedures for a system of centralized purchasing for the Town of Lyerly.

SECTION 6.42. Sale and lease of town property.

(a) The town council may sell and convey, or lease any real or personal property owned or held by the town for governmental or other purposes as now or hereafter provided by law. (b) The town council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the town has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the town, a small parcel 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 such 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 such 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 such property under such terms and conditions as set out by ordinance. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the town has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.

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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 not inconsistent with this charter are hereby declared valid and of full effect and force until amended or repealed by the town council.

SECTION 7.12. Existing personnel and officers.

Except as specifically provided otherwise by this charter, all personnel and officers of the town and their rights, privileges, and powers shall continue beyond the time this charter takes effect for a period of 30 days before or during which the 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.

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(c) The singular shall include the plural, the masculine shall include the feminine, and vice versa.

SECTION 7.15. Severability.

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

SECTION 7.16. Repealer.

An Act incorporating the Town of Lyerly in the County of Chattooga, approved April 5, 1976 (Ga. L. 1976, p. 4051), is hereby repealed in its entirety and all amendatory acts thereto are likewise repealed in their entirety.

SECTION 7.17. Effective date.

This charter shall become effective on July 1, 2012.

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 2012 session of the General Assembly of Georgia a bill to provide a new charter for the City of Lyerly; and for other purposes.
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

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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 Chatooga County on March 8, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

s/ BARBARA MASSEY REECE Barbara Reece Representative, District 11

Sworn to and subscribed before me, this 12th day of March 2012.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2015 (SEAL)

Approved April 11, 2012.

__________

MURRAY COUNTY BOARD OF ELECTIONS AND REGISTRATION; CREATION.

No. 484 (House Bill No. 1250).

AN ACT

To amend an Act to create the board of elections of Murray County, approved March 12, 1984 (Ga. L. 1984, p. 4009), so as to create the Murray County Board of Elections and Registration; to change the manner of selection of members of the board of elections and registration; to provide for certain qualifications for members of the board; to provide for the certification of appointments; to provide for filling of vacancies; to provide for oaths of office; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to create the board of elections of Murray County, approved March 12, 1984 (Ga. L. 1984, p. 4009), is amended by revising Sections 1, 2, 3, 4, 5, 6, and 7 as follows:

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"SECTION 1. Pursuant to subsection (b) of Code Section 21-2-40 of the O.C.G.A., there is created the Murray County Board of Elections and Registration. The combined Murray County Board of Elections and Registration shall replace the present board of elections and board of registrars effective January 1, 2013. The Murray County Board of Elections and Registration shall have all the powers and duties of the election superintendent relating to the conduct of primaries and elections and all the powers and duties of the board of registrars relating to the registration of voters and absentee-balloting procedures as all such powers and duties existed on December 31, 2012.

SECTION 2. (a) The members of the board in office on July 1, 2012, shall serve until December 31, 2012, and then their terms shall end. Thereafter, members of the board shall be appointed as provided in this section. (b) Not later than December 2, 2012, the chief judge of the Conasauga Judicial Circuit shall appoint five persons who are upstanding residents of Murray County to the new combined board of elections and registration. The same judge shall designate one of the members as chief registrar and chairperson of the board. Such appointees shall take office on January 1, 2013. Each member shall serve for a term of four years. (c) The board of elections and registration which takes office on January 1, 2013, shall perform all duties and fulfill all responsibilities as outlined in Chapter 2 of Title 21 of the O.C.G.A.

SECTION 3. No person who holds elective public office or who is an employee of Murray County or any municipality located in whole or in part in Murray County shall be eligible to serve as a member during the term of such elective office or while so employed, and the term of any member shall be deemed vacant upon such member qualifying as a candidate for elective public office.

SECTION 4. The appointment of each member shall be made by the chief judge of the Conasauga Judicial Circuit filing an affidavit with the clerk of the superior court stating the name and address of the person appointed and certifying that such member has been duly appointed as provided in this Act. The clerk of superior court shall record each of such certifications on the minutes of the court and shall certify the name of each such appointed member to the Secretary of State who shall provide for the issuance of appropriate commissions to the members as provided by law.

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SECTION 5. Each member of the board shall have the right to resign at any time by giving written notice of his or her resignation to the chief judge of the Conasauga Judicial Circuit and to the clerk of superior court and shall be subject to removal from the board at any time by the chief judge for any reason permitted by law.

SECTION 6. In the event that a vacancy occurs in the office of any appointed member of the board by removal, death, resignation, or otherwise, the chief judge of the Conasauga Judicial Circuit shall appoint a successor as provided in this section. The chief judge shall certify the appointment of such person to the clerk of superior court in the same manner as provided in Section 4 of this Act, and the clerk of superior court shall record such appointment and certify such appointment to the Secretary of State.

SECTION 7. Before entering upon his or her duties, each member shall take such oath as required by law and shall have the privileges from arrest which may be provided by law."

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2012 session of the General Assembly of Georgia a bill to amend an Act to create the board of elections of Murray County, approved March 12, 1984 (Ga. L. 1984, p. 4009), so as to change the manner of selection of members of the board of elections; to provide for certain qualifications for members of the board; to provide for the certification of appointments; to provide for filling of vacancies; to provide for oaths of office; to provide for related matters; to repeal conflicting laws; and for other purposes.
Representative John Meadows District 5 (02/08/2012)
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 Local Legislation was published in the Chatsworth Times which is the official organ of

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Murray County on February 10, 2012, 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 15th day of February 2012.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires Aug. 14, 2015 (SEAL)

Approved April 11, 2012.

__________

DODGE COUNTY-EASTMAN DEVELOPMENT AUTHORITY MEMBERSHIP.

No. 485 (House Bill No. 1251).

AN ACT

To provide for the membership of the Dodge County-Eastman Development Authority; to provide a statement of authority; to provide for related matters; to repeal conflicting laws; to provide for an effective date; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. This Act is enacted pursuant to Paragraph L of Section 1 of an amendment to the Constitution of Georgia creating the Dodge County-Eastman Development Authority pursuant to a Resolution of the General Assembly approved April 9, 1968 (Ga. L. 1968, p. 1693), and continued in effect pursuant to an Act of the General Assembly approved March 25, 1986 (Ga. L. 1986, p. 4534), which grants to the General Assembly the authority to regulate the management and conduct of the authority by law.

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SECTION 2. The Dodge County-Eastman Development Authority shall consist of seven members. The governing authority of Dodge County, the governing authority of the City of Eastman, and the membership of the Heart of Georgia Regional Airport Authority shall each appoint two members, both of whom shall be citizens of Dodge County and one, and only one, of whom shall be a member of the appointing authority. The seventh member shall be a citizen of Dodge County appointed by the Dodge County delegation to the Georgia House of Representatives.

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

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2012 session of the General Assembly of Georgia a bill to for membership of the Dodge County-Eastman Development Authority; to provide a statement of authority; to provide for related matters; to repeal conflicting laws; 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 7, 2012, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JIMMY PRUETT Jimmy Pruett Representative, District 144

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Sworn to and subscribed before me, this 12th day of March 2012.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires Aug. 14, 2015 (SEAL)

Approved April 11, 2012.

__________

EATONTON-PUTNAM WATER AND SEWER AUTHORITY COMPOSITION OF AUTHORITY.

No. 486 (House Bill No. 1255).

AN ACT

To amend an Act creating the Eatonton-Putnam Water and Sewer Authority, approved May 10, 2005 (Ga. L. 2005, p. 4090), as amended, particularly by an Act approved May 11, 2009 (Ga. L. 2009, p. 4363), so as to change certain provisions relating to the composition 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 Eatonton-Putnam Water and Sewer Authority, approved May 10, 2005 (Ga. L. 2005, p. 4090), as amended, particularly by an Act approved May 11, 2009 (Ga. L. 2009, p. 4363), is amended by revising subsection (b) of Section 2 as follows:
"(b) The authority shall consist of five members. One member shall be the chairperson of the Board of Commissioners of Putnam County, Georgia or such officer's designee; one member shall be the Mayor of the City of Eatonton, Georgia or such officer's designee; one member shall be appointed by the Board of Commissioners of Putnam County (the 'county member'); one member shall be appointed by the Mayor and Council of Eatonton (the 'city member'); and one member shall be appointed by the foregoing four members (the 'at large member'). With respect to the initial appointments of the county member, the city member, and the at large member, the county member shall be appointed for a term of four years or until a successor is appointed, the city member shall be appointed for a term of three years or until a successor is appointed, and the at large member shall be appointed for a term of

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two years or until a successor is appointed. Thereafter, all appointments of the county member, the city member, and the at large member shall be made for terms of four years or until successors are appointed. 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 and a resident of Putnam County for at least two years prior to the date of his or her appointment. No person shall be eligible for appointment to the authority who has been convicted of a felony. With the exception of the designees of the chairperson of the Board of Commissioners and the Mayor of the City of Eatonton, members of the Board of Commissioners of Putnam County and the Council of the City of Eatonton shall not be eligible for appointment. A member of the authority may be selected and appointed to succeed himself or herself for a maximum of one four-year term."

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 2012 session of the General Assembly of Georgia a bill to amend an Act creating the Eatonton-Putnam Water and Sewer Authority, approved May 10, 2005 (Ga. L. 2005, p. 4090), as amended, particularly by an Act approved May 11, 2009 (Ga. L. 2009, p. 4363), so as to change certain provisions relating to the composition of the authority; to provide for related matters; to repeal conflicting laws; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, 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 March 8, 2012, and that the notice requirements of Code Section 28-1-14 have been met.
s/ MICKEY CHANNELL Mickey Channell Representative, District 116

4974

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Sworn to and subscribed before me, this 12th day of March 2012.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires Aug. 14, 2015 (SEAL)

Approved April 11, 2012.

__________

WESTERN AREA REGIONAL RADIO SYSTEM AUTHORITY MEMBERSHIP.

No. 487 (House Bill No. 1256).

AN ACT

To amend an Act creating the Western Area Regional Radio System Authority, approved May 17, 2004 (Ga. L. 2004, p. 4521), so as to remove the City of Douglasville as a member of such authority; to add Coweta County as a member of such 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 Western Area Regional Radio System Authority, approved May 17, 2004 (Ga. L. 2004, p. 4521), is amended by revising subsections (b) and (e) of Section 3 as follows:
"(b) The authority shall consist of eight members who shall be appointed by the establishing local governments in the following manner: (1) Carroll County, Georgia, shall appoint two members to the authority; (2) Coweta County, Georgia, shall appoint two members to the authority; (3) Haralson County, Georgia, shall appoint two members to the authority; and (4) Heard County, Georgia, shall appoint two members to the authority. The members of the authority who were in office as of January 1, 2012, shall continue in office for the terms to which they were appointed and until successors are appointed and qualified as provided in this Act. Thereafter, all appointments shall be made for terms of four years and until successors are appointed and qualified. Immediately after such appointments, the members of the authority shall enter upon their duties. To be eligible for appointment as a member of the authority, a person shall be at least 21 years of age, shall have been a resident of the jurisdiction of the establishing local government which appointed him or her

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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." "(e) Four members of the authority shall constitute a quorum with at least three of the members being from different establishing local governments. 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."

SECTION 2. Said Act is further amended by revising paragraph (4) of Section 4 as follows:
"(4) 'Establishing local governments' means the Board of Commissioners of Carroll County, Georgia; the Board of Commissioners of Coweta County, Georgia; the Board of Commissioners of Haralson County, Georgia; and the Board of Commissioners of Heard County, Georgia."

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 2012 session of the General Assembly of Georgia a bill to amend an Act creating the Western Area Regional Radio System Authority, approved May 17, 2004 (Ga. L. 2004, p. 4521), as amended, particularly by an Act approved May 28, 2010 (2010 Ga. Act 516), so as to remove the City of Douglasville, Georgia from the Authority; 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 News and Banner which is the official organ of Heard County on February 19, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

4976

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
s/ BILL HEMBREE Bill Hembree Representative, District 67

Sworn to and subscribed before me, this 13th day of March 2012.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2015 (SEAL)

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2012 session of the General Assembly of Georgia a bill to amend an Act creating the Western Area Regional Radio System Authority, approved May 17, 2004 (Ga. L. 2004, p. 4521), as amended, particularly by an Act approved May 28, 2010 (2010 Ga. Act 516), so as to remove the City of Douglasville, Georgia from the Authority; 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 Times-Georgian which is the official organ of Carroll County on February 18, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

s/ BILL HEMBREE Bill Hembree Representative, District 67

GEORGIA LAWS 2012 SESSION
Sworn to and subscribed before me, this 13th day of March 2012.

4977

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2015 (SEAL)

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2012 session of the General Assembly of Georgia a bill to amend an Act creating the Western Area Regional Radio System Authority, approved May 17, 2004 (Ga. L. 2004, p. 4521), as amended, particularly by an Act approved May 28, 2010 (2010 Ga. Act 516), so as to remove the City of Douglasville, Georgia from the Authority; 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 Newnan Times-Herald which is the official organ of Coweta County on February 23, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

s/ BILL HEMBREE Bill Hembree Representative, District 67

Sworn to and subscribed before me, this 13th day of March 2012.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2015 (SEAL)

4978

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 2012 session of the General Assembly of Georgia a bill to amend an Act creating the Western Area Regional Radio System Authority, approved May 17, 2004 (Ga. L. 2004, p. 4521), as amended, particularly by an Act approved May 28, 2010 (2010 Ga. Act 516), so as to remove the City of Douglasville, Georgia from the Authority; 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 Gateway Beacon which is the official organ of Haralson County on February 23, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

s/ BILL HEMBREE Bill Hembree Representative, District 67

Sworn to and subscribed before me, this 13th day of March 2012.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2015 (SEAL)

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2012 session of the General Assembly of Georgia a bill to amend an Act creating the Western Area Regional Radio System Authority, approved May 17, 2004 (Ga. L. 2004, p. 4521), as amended, particularly by an Act approved May 28, 2010 (2010 Ga. Act 516), so as to remove the City of Douglasville, Georgia from the Authority; and for other purposes.

GEORGIA LAWS 2012 SESSION
Representative Bill Hembree District 67

4979

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Hembree, who on oath deposes and says that he is the Representative from District 67 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Douglas County Sentinel which is the official organ of Douglas County on February 28, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

s/ BILL HEMBREE Bill Hembree Representative, District 67

Sworn to and subscribed before me, this 13th day of March 2012.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2015 (SEAL)

Approved April 11, 2012.

__________

EFFINGHAM COUNTY BOARD OF COMMISSIONERS; POWERS AND DUTIES OF CHAIRPERSON; MEETINGS; QUORUM AND VOTING.

No. 488 (House Bill No. 1257).

AN ACT

To amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Effingham, approved July 26, 1921 (Ga. L. 1921, p. 466), as amended, so as to revise the powers and duties of the chairperson of the board; to provide for meetings; to provide for quorum and voting; to provide an effective date; to repeal conflicting laws; and for other purposes.

4980

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

SECTION 1. An Act creating a Board of Commissioners of Roads and Revenues for the County of Effingham, approved July 26, 1921 (Ga. L. 1921, p. 466), as amended, is amended by revising Section 2 as follows:

"SECTION 2. The chairperson shall be the official spokesperson for the board. At the first regular meeting in January of each year, the board shall elect from its members a vice chairperson. In the event of the death, disqualification, or resignation of the chairperson, the vice chairperson shall perform the duties and have the authority of the chairperson until a new chairperson is elected or appointed as provided in this Act. The vice chairperson shall preside at board meetings in the absence of the chairperson. In the event of a vacancy in the office of vice chairperson, the board shall elect a new vice chairperson to serve for the remainder of the unexpired term."

SECTION 2. Said Act is further amended by revising Section 5 as follows:

"SECTION 5. The board shall hold its regular meetings on the first and third Tuesdays of each month in the Office of the Board of Commissioners of the County of Effingham. The board may meet in extraordinary session, as often as the affairs of the county may require, upon the call of the chairperson or any other three members of the board. The chairperson shall preside at all meetings of the board and shall have the authority to set the agenda and order of the agenda for the meetings. Board members and staff shall have the authority to place items on the agenda for consideration by the board in accordance with ordinances, resolutions, or policies adopted by the board."

SECTION 3. Said Act is further amended by revising Section 6 as follows:

"SECTION 6. At all meetings of the board, four commissioners shall constitute a quorum, and no order shall be passed, no business transacted, nor any other action taken in regard to any county matter except upon the vote of at least three members. At least three votes shall be necessary to decide any question. The chairperson shall vote on matters before the board only if necessary to break a tie."

GEORGIA LAWS 2012 SESSION
SECTION 4. This Act shall become effective on January 1, 2013.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

4981

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2012 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners for the County of Effingham, approved July 26, 1921 (Ga. L. 1921, p. 466), as amended, particularly by an Act approved May 16, 2007 (Ga. L. 2007, p. 3701), so as to revise and amend the duties and powers of the chairperson and board of commissioners; to provide for related matters; to repeal conflicting laws; 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 Effingham Herald which is the official organ of Effingham County on January 13, 2012, 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 23rd day of January 2012.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2015 (SEAL)

4982

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Approved April 11, 2012.

__________

FULTON COUNTY BOARD OF EDUCATION; PENSION AND RETIREMENT PLAN; COMPLIANCE WITH FEDERAL LAW.

No. 489 (House Bill No. 398).

AN ACT

To amend an Act providing in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, approved February 2, 1945 (Ga. L. 1945, p. 528), as amended, particularly by an Act approved May 19, 2009 (Ga. L. 2009, p. 4004), so as to correct certain typographical errors; to amend certain provisions so as to comply with the federal Uniformed Services Employment and Reemployment Rights Act of 1994 and the federal Heroes Earnings Assistance and Relief Tax Act of 2008; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act providing in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, approved February 2, 1945 (Ga. L. 1945, p. 528), as amended, particularly by an Act approved May 19, 2009 (Ga. L. 2009, p. 4004), is amended by revising paragraph (17) of Section 1.01 as follows:
"(17) 'Employee contribution' means the amounts paid to the plan by an employee, as set forth in Sections 2.01 and 2.07 of this Act."

SECTION 2. Said Act is further amended by revising subsection (a) of Section 2.02 as follows:
"(a) Except as provided in subsection (c) of Section 4.02 of this Act, in calculating a participant's years of creditable service, all complete months of service with the employer shall be aggregated."

SECTION 3. Said Act is further amended by revising paragraph (6) of subsection (b) of Section 2.03 as follows:
"(6) The cost of service shall be calculated by determining the amount an eligible employee would have paid had he or she been a participant in the plan during the period of such prior service, provided that the cost shall be calculated on the basis of the period of service that results in the lowest total cost to the participant. The cost of service may

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include the amount of matching contributions as set out in subsection (c) of this section. The calculation shall be based on the compensation assumptions and interest rates set out in subsection (c) of this section. The calculation shall also include any contributions that would be required to opt in to an alternate plan, as described in subsection (c) of Section 4.02 of this Act."

SECTION 4. Said Act is further amended by revising subsection (b) of Section 2.07 as follows:
"(b) If a participant does not make the additional employee contributions for survivor benefits when he or she begins participation in the plan, he or she may elect to provide survivor benefits at a later time, subject to the following: A participant may request to purchase survivor benefits for prior periods of participation in the plan at any time during his or her employment with the employer. The cost of such service may be paid in a lump sum or, at the discretion of the pension board, in installments for up to 60 months or such other period permitted by the pension board. The obligation to make such payments shall be secured in such manner as prescribed by the pension board. The cost of such benefits shall be calculated by determining the amount the participant would have paid for survivor benefit coverage during all his or her years of creditable service, including those periods of service credited under Section 2.03 of this Act. The calculation shall be based on the participant's actual compensation during each such year of creditable service or, for periods of prior service calculated under Section 2.03 of this Act, under the compensation assumptions applicable to such service, with an annual simple interest rate of 3 percent. If the participant pays such cost in installment payments, payments shall be amortized at an annual rate of 3 percent. The calculation shall also include any contributions that would be required for survivor benefits under an applicable alternate plan, as described in Section 4.02 of this Act."

SECTION 5. Said Act is further amended by revising Section 4.03 as follows:

"SECTION 4.03. Minimum retirement benefit.

Notwithstanding anything to the contrary contained in Section 4.02 of this Act, a participant who becomes entitled to a normal retirement benefit or a deferred vested benefit shall receive a monthly benefit of not less than $17.00 multiplied by such participant's years of creditable service, not to exceed 40 years; provided, however, that this section shall not apply to any participant who receives a benefit under the Teachers Retirement System of Georgia. Any cost of living adjustments due to any participant or beneficiary shall be based on the pension he or she would be entitled to receive under this plan without

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

regard to the provisions of this section, and no such increase shall operate to increase the minimum pension guaranteed by this section."

SECTION 6. Said Act is further amended by revising Section 5.03 as follows:

"SECTION 5.02. Amount of benefits.

Upon attaining early retirement age, a participant shall be entitled to receive the normal retirement benefit calculated and payable as provided in Section 4.02 of this Act. The early retirement benefit of a safety net participant shall be reduced as set forth in subsection (b) of Section 4.02 of this Act. An early retirement benefit shall be unreduced for early commencement except for a participant who retires prior to age 60 or with less than 30 years of creditable service, for whom such normal retirement benefit amount shall be reduced by 1/12 of 2 percent per month for each month by which his or her age is less than 60; provided, however, that this reduction shall not apply to:
(1) A participant who retires under the Alternate Plan of 1959; (2) A participant who retires under the terms of subsection (d) of Section 5.01 of this Act; or (3) A nonteacher participant who retires under the terms of subsection (e) of Section 5.01 of this Act."

SECTION 7. Said Act is further amended by revising Section 7.03 as follows:

"SECTION 7.03. Recovery of mistaken payments.

In the event any benefit is mistakenly paid to a participant, joint annuitant, or beneficiary in an amount which is greater than the amount payable under the terms of this Act, the plan shall recover such excess benefit amount by eliminating or reducing the participant's or beneficiary's future benefit payments; provided, however, that, in addition to any other remedy set forth in this section, the pension board also shall be authorized to recover, collect, and settle any such overpayment amounts in accordance with the procedures set forth by law, including any governmental correction program."

SECTION 8. Said Act is further amended by revising subsection (a) of Section 8.01 as follows:
"(a) Except as provided in subsections (b) and (c) of this section, if a participant has made the required employer contributions for survivor benefits and has a vested interest in all or

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any portion of his or her accrued benefit, survivor benefits shall be payable on his or her behalf to his or her surviving spouse, if any, or if none, to his or her minor children, if any. If a participant is not married and has no minor children on the date of death, no death benefits shall be payable under the plan, except as provided in Section 8.02 of this Act. Survivor benefits shall be payable to his or her beneficiaries in an amount equal to 70 percent of the benefit which shall be determined under paragraphs (1) and (2) of this subsection; provided, however, that, for a participant who would have retired under the Alternate Plan of 1959 but for his or her death, survivor benefits shall be payable to the participant's beneficiaries in an amount equal to 75 percent of the benefit which shall be calculated as follows:
(1) For survivor benefits payable prior to the participant's benefit commencement date, the amount which would have been payable under Section 6.01 of this Act if the participant had become disabled on the date of his or her death; and (2) For survivor benefits payable on or after the participant's benefit commencement date, the amounts which are payable under subsection (a) of Section 4.02 of this Act, as increased by any cost of living adjustments in effect on the date of his or her death; provided, however, that survivor benefits shall be reduced if the participant's surviving spouse is more than five years younger than the participant in accordance with the following schedule: (3) If the spouse was married to the participant for less than ten years while the participant was in active service with the board, the spouse's benefit shall be reduced by 1/12 of 2 percent per month for each month the spouse was more than five years younger than the participant; (4) If the spouse was married to the participant for ten years or more but less than 15 years while the participant was in active service with the board, the spouse's benefit shall be reduced by 1/12 of 1 percent per month for each month the spouse was more than five years younger than the participant; (5) If the spouse was married to the participant for 15 years or more while the participant was in the active service of the board, or if the spouse is 60 years of age at the time of becoming eligible for benefits, there shall be no reduction in benefits. Survivor benefits to a participant's spouse shall continue for the life of such spouse without regard to his or her remarriage."

SECTION 9. Said Act is further amended by revising Section 10.04 as follows:

"SECTION 10.04. The Uniformed Services Employment And Reemployment Rights Act of 1994 (USERRA).

(a) As used in this section, the term:

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(1) 'Qualified military service' means any service in the uniformed services by an individual if he or she is entitled to reemployment rights under federal law with respect to such service. (2) 'Veteran participant' means an employee who:
(A) Enters qualified military service; (B) Is reemployed by the employer within such period of time as his or her reemployment rights are guaranteed under Chapter 43 of Title 38 of the United States Code; and (C) Already was or became a participant in the plan at the time of reemployment. (b) Notwithstanding any provision of this Act to the contrary, contributions, benefits, and service credit for qualified military service shall be provided in accordance with Section 414(u) of the federal Internal Revenue Code. (c) Reemployment Rights. A veteran participant shall not be treated as having incurred a break in service by reason of qualified military service. Each period of qualified military service shall be taken into account in determining the years of creditable service used in calculating the veteran participant's accrued benefits under the plan. (d) Death During Qualified Military Service. If a participant dies on or after January 1, 2007, while performing qualified military service but prior to becoming a veteran participant, the participant's beneficiaries shall be entitled to any additional benefits, other than benefit accruals related to the period of qualified military service, provided under the plan as if the deceased participant had resumed employment with the employer and then severed employment on account of death. Moreover, the plan will credit such participant's qualified military service as service for vesting purposes, as though the participant had resumed employment immediately prior to the participant's death."

SECTION 10. Said Act is further amended by revising subsection (c) of Section 12.01 as follows:
"(c) The pension board shall elect its own chairperson and secretary and shall hold a regular public meeting at least once a month at a time and place to be fixed by the pension board. The members of the pension board shall serve without pay. The pension board may employ an executive director and other personnel who shall serve at the will of the pension board at salaries to be designated by the pension board. With the consent of the board of education, such executive director shall be treated as an employee of the Fulton County Board of Education for benefits and tax reporting purposes."

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

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4987

"SECTION 15.08. Amendment.

The employer reserves the right to amend the plan at any time by a vote of the majority of the pension board members; provided, however, that an amendment that constitutes a 'retirement bill having a fiscal impact,' as such term is defined in O.C.G.A. Section 47-20-30(6), also shall be approved by a vote of the majority of the board members' provided, further, that a plan amendment shall not go into effect until the General Assembly of Georgia enacts it."

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 Georgia General Assembly a bill to amend an Act providing in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, approved February 2, 1945 (Ga. L. 1945, p. 528), as amended, so as to correct typographical errors, to comply with the Uniformed Services Employment and Reemployment Rights Act of 1994 and the Heroes Earnings Assistance and Relief Tax Act of 2008, and for other purposes.
Representative Virgil Fludd District 66
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Virgil Fludd, who on oath deposes and says that he is the Representative from District 66 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Daily Report which is the official organ of Fulton County on January 28, 2011, and that the notice requirements of Code Section 28-1-14 have been met.
s/ VIRGIL FLUDD Virgil Fludd Representative, District 66

4988

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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 11, 2012.

__________

TOWN OF BRASELTON COMMUNITY IMPROVEMENT DISTRICTS; TERMS OF OFFICE OF BOARD MEMBERS.

No. 490 (House Bill No. 481).

AN ACT

To amend an Act to provide for the creation of one or more community improvement districts in the Town of Braselton, approved May 29, 2007 (Ga. L. 2007, p. 4100), so as to correct the initial terms of office for board members; 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 provide for the creation of one or more community improvement districts in the Town of Braselton, approved May 29, 2007 (Ga. L. 2007, p. 4100), is amended by revising paragraph (1) of Section 5 as follows:
"(1) Two board members shall be appointed by the Mayor of the Town of Braselton, and confirmed by a majority of the Town council, one of whom shall be a member of the Town council, to serve in posts 6 and 7. Two board members shall be elected by the vote of electors, and three members shall be elected by the vote of equity electors. The members representing the electors and equity electors shall be elected to serve in post positions 1 through 5, respectively. Each elected board member must receive a majority of the votes cast for the post for which he or she is a candidate. Votes for posts 1 and 2 shall be cast by electors, and votes for posts 3, 4, and 5 shall be cast by the equity electors. The initial term of office for the members representing posts 1 and 3 shall be one year. The initial term of office for the members representing posts 2 and 4 shall be two years, and the initial term of office of the members representing post 5 shall be three

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years. Thereafter, all terms of office shall be for four years, except the appointed board members who shall serve at the pleasure of the appointing body which appointed him or her. Elected board members shall be subject to recall in the same manner as elected."

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Pursuant to 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 Town of Braselton Community Improvement District Act, Ga. L. 2007, p. 4100, et seq., so as to correct the initial terms of office for board members,; to provide an effective date,; to repeal conflicting laws; and for other purposes.
This 7th day of February, 2011.
CHANDLER, BRITT, JAY & BECK, LLC TOWN ATTORNEY
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommy Benton, who on oath deposes and says that he is the Representative from District 31 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Times which is the official organ of Hall County on February 16, 2011, and that the notice requirements of Code Section 28-1-14 have been met.
s/ TOMMY BENTON Tommy Benton Representative, District 31

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Sworn to and subscribed before me, this 1st day of March 2011.

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

Notice of Intention to Introduce Local Legislation

Pursuant to Article III, Section V, Paragraph IX of the Constitution of the State of Georgia of 1983 and O.C.G.A. 28-1-14, notice is given that there will be introduced at the regular 2011 session of the General Assembly of Georgia a bill to amend the Town of Braselton Community Improvement District Act, Ga. L. 2007, p. 4100, et seq., so as to correct the initial terms of office for board members; to provide an effective date; to repeal conflicting laws; and for other purposes.

This 7th day of February, 2011.

CHANDLER, BRITT, JAY & BECK, LLC TOWN ATTORNEY

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 16, 2011, and that the notice requirements of Code Section 28-1-14 have been met.

s/ TOMMY BENTON Tommy Benton Representative, District 31

GEORGIA LAWS 2012 SESSION
Sworn to and subscribed before me, this 1st day of March 2011.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Pursuant to Article III, Section V, Paragraph IX of the Constitution of the State of Georgia of 1983 and O.C.G.A. 28-1-14, notice is given that there will be introduced at the regular 2011 session of the General Assembly of Georgia a bill to amend the Town of Braselton Community Improvement District Act, Ga. L. 2007, p. 4100, et seq., so as to correct the initial terms of office for board members; to provide an effective date; to repeal conflicting laws; and for other purposes.

This 7th day of February, 2011.

CHANDLER, BRITT, JAY & BECK, LLC TOWN ATTORNEY

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommy Benton, who on oath deposes and says that he is the Representative from District 31 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily Post which is the official organ of Gwinnett County on February 16, 2011, and that the notice requirements of Code Section 28-1-14 have been met.

s/ TOMMY BENTON Tommy Benton Representative, District 31

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Sworn to and subscribed before me, this 1st day of March 2011.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Pursuant to Article III, Section V, Paragraph IX of the Constitution of the State of Georgia of 1983 and O.C.G.A. 28-1-14, notice is given that there will be introduced at the regular 2011 session of the General Assembly of Georgia a bill to amend the Town of Braselton Community Improvement District Act, Ga. L. 2007, p. 4100, et seq., so as to correct the initial terms of office for board members; to provide an effective date; to repeal conflicting laws; and for other purposes.

This 7th day of February, 2011.

CHANDLER, BRITT, JAY & BECK, LLC TOWN ATTORNEY

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommy Benton, who on oath deposes and says that he is the Representative from District 31 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Barrow County News which is the official organ of Barrow County on February 16, 2011, and that the notice requirements of Code Section 28-1-14 have been met.

s/ TOMMY BENTON Tommy Benton Representative, District 31

GEORGIA LAWS 2012 SESSION
Sworn to and subscribed before me, this 1st day of March 2011.

4993

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

Approved April 11, 2012.

__________

TOWN OF MCINTYRE NEW CHARTER.

No. 491 (House Bill No. 571).

AN ACT

To incorporate the Town of McIntyre, Georgia, and to grant a new charter to said town; to organize the municipal government thereof; to prescribe the corporate limits; to regulate the sale or lease of town utilities, the grant of franchises, and the furnishing of certain practices; to provide for a mayor and aldermen and their function, authority, powers, duties, qualifications, and election; to provide the power of veto and the manner of overriding the same; to provide for removal from office; to prescribe the corporate powers and authority; to regulate the appointment, qualifications, duties, and authority of the officers and employees of the town and their compensation; to provide for the authority of the mayor and aldermen over said officers and employees; to create certain boards, commissions, and departments and provide for the creation and regulation of others; to prescribe the qualifications of voters; to establish a municipal court and provide for appointment of a municipal court judge; to establish the jurisdiction, powers, and duties of the municipal court judge; to provide for public works improvements and the levy of assessments therefor; to provide for establishment of a fiscal year, a budget, and an annual audit of finances; to authorize borrowing; to regulate appropriations and expenditures; to provide for ad valorem taxation; to provide for the taxing of occupations and other privileges; to prescribe the manner of collection of unpaid taxes and assessments; to provide for the preservation of existing ordinances and laws not inconsistent with this Act and that the provisions of this Act are severable; to prescribe punishments for the violation of this Act and for the violation of ordinances and regulations enacted pursuant thereto; to repeal an Act incorporating the Town of McIntyre, Georgia, and granting a new charter approved March 30, 1971 (Ga. L. 1971, p. 2370), as amended; to repeal certain other Acts affecting said town; to repeal conflicting laws; and for other purposes.

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

ARTICLE I GENERAL PROVISIONS
SECTION 1-1. Incorporation: name, style, and designation.

The Town of McIntyre, Wilkinson County, Georgia, shall be and is hereby incorporated as a town under the name, style, and designation of the Town of McIntyre, hereinafter referred to in this charter as "the town."

SECTION 1-2. Town constituted body corporate and politic.

From and after the passage of this Act, the municipal government of the Town of McIntyre shall constitute a body corporate and in its name shall have perpetual succession, with power and authority to contract and be contracted with, to sue and be sued, to plead and be impleaded, to have and use a common seal; in law or equity to purchase, have, hold and enjoy, receive, possess, and retain to the town, through the mayor and aldermen and their successors in office, for the use and benefit of the Town of McIntyre, in perpetuity or for any term of years any estate or estates, real or personal, of every kind and nature within or without the corporate limits, for corporate purposes; to have and to hold all property now belonging to the town, either in its name or the name of others, to the use of said town for the purpose and intent for which the same was granted, dedicated, or purchased; and to use, manage, and improve, sell, convey, rent, or lease the same. The town, through its mayor and aldermen, shall have like powers over property hereafter acquired and shall succeed to all the rights and liabilities of the present corporation. The town, through its mayor and aldermen, shall have power to borrow money and give evidences of indebtedness for the same; to use bonds from time to time; and to do and perform all and every act and acts necessary or incidental to raising of funds for the legitimate use of said town. It shall have the right, power, and authority, through its mayor and aldermen, to govern by such rules, laws, bylaws, regulations, ordinances, or other orders as said mayor and aldermen may deem proper, not in conflict with this charter and the Constitution and laws of this state or of the United States.

SECTION 1-3. Organization of municipal government; legislative power.

(a) The municipal government of said town shall be vested in the mayor, who shall be elected at large, and five aldermen, who shall be elected by district, and such other officers, employees, boards, and commissions as the mayor and aldermen may see fit to elect and appoint as hereafter provided.

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(b) Said mayor shall constitute the executive branch and said aldermen shall constitute the legislative branch of said town and, as such, shall have the full power and authority from time to time to make and establish rules, laws, ordinances, regulations, and orders as may to them seem right and proper to the peace, security, health, happiness, welfare, protection, or convenience of the inhabitants of said town and for preserving the peace, good order, and dignity of said government. (c) Any enumeration of powers in this charter shall not be construed as restricted to said powers alone, but shall include all and every other thing and acts necessary or incident to municipal government and shall not conflict with any special power or authority given said government by this charter or by any Act or Acts heretofore passed, but shall be construed as in addition to and in aid of such powers that are not repealed by this charter.

SECTION 1-4. Corporate limits defined.

The corporate limits of the town shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time by local law or in the manner provided by state law. The boundaries of the town 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 Town of McIntyre, Georgia."

SECTION 1-5. Contracts to furnish light and water outside the town limits.

The mayor and aldermen of said town, or the water and light commission, or either, shall have the right to make contracts with persons, firms, or corporations residing beyond the limits to furnish them with street light and water, or either, whenever the same can be done without interfering with the efficient supply of light and water to the inhabitants of the town.

SECTION 1-6. Subpoena power.

The mayor and aldermen, municipal court, and all boards, commissions, committees, or other agencies of the town charged with the administration of the affairs of the town (excluding individual officers, except those specially authorized by law or ordinance) shall have the power and authority to compel the attendance of witnesses and the production of relevant and admissible documents in proper cases, and failure or refusal of any person to attend as a witness or to produce pertinent documentary evidence within his or her possession, custody, or control when notified or called upon to do so in a proper case shall constitute a violation of this section and be punishable as such.

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SECTION 1-7. Personal profit and nepotism prohibited in town offices.

No officer or employee of the town or member of a board or commission herein provided for shall be interested directly or indirectly in any contract made with the town or receive any profit or emolument for any purchase or sale of material or other article sold to the town or paid for out of the public revenues of the town; and nepotism in any board or office is forbidden.

ARTICLE II MAYOR AND ALDERMEN
SECTION 2-1. Mayor constituted chief executive officer of the town; function, authority, duties.

The mayor shall be the chief executive officer of the town and shall have general supervision over its affairs. He or she shall sign all deeds and contracts. He or she shall be clothed with veto power as hereinafter set out. It shall be the mayor's duty to see that the laws and ordinances of the town are faithfully carried out and executed within the town. He or she shall keep the board of aldermen advised from time to time of the general condition of the town and shall recommend such measures as he or she may deem necessary or expedient for the welfare of the town. The mayor shall preside over the meetings of the board of aldermen and may call them together at any time when deemed necessary by the mayor. He or she shall preside over the meetings of the board of aldermen and may vote in all elections for officers who are elected by the board and impeachment proceedings whether there be a tie or not. The mayor shall not vote upon any matter before the board of aldermen, except as heretofore set out in this section unless there is a tie vote. The mayor may call the board of aldermen together at any time when deemed necessary by the mayor. The mayor and three aldermen shall constitute a quorum for the transaction of business.

SECTION 2-2. Qualifications for office.

No person shall be eligible to serve as mayor or alderman unless he or she is at least 25 years old and a qualified municipal voter and shall have been a resident of the city for one year immediately prior to the date of his or her election. No person shall be eligible to serve as an alderman unless he or she shall been a resident of the alderman district he or she represents for six months immediately prior to the date of his or her election. The mayor shall continue to reside in the town, and each alderman shall continue to reside in his or her alderman district during his or her term of office. If the mayor or any alderman fails to continue to meet this residency requirement during his or her term of office, he or she shall

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immediately resign from office or, upon failure to resign, be removed from office by operation of law.

SECTION 2-3. Vacancy in office of mayor or aldermen.

In the event that the office of the mayor or any alderman shall become vacant by death, removal, disqualification, resignation, or other cause, the board of aldermen 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 90 days of the expiration of the term of office, a successor shall be elected at the next regularly scheduled election. In all respects, the special election shall be held and conducted in accordance with Code Section 21-2-540 of the O.C.G.A., as now or hereafter amended.

SECTION 2-4. Oath of office of mayor and aldermen.

Before entering upon the discharge of their respective offices, the mayor and aldermen shall each make and subscribe the following oath:
"I do solemnly swear that I will faithfully discharge all duties devolving on me as mayor (or alderman, as the case may be) of the Town of McIntyre during my continuance in the office, according to the best of my ability and understanding, so help me God." The oath of the mayor shall be administered by the outgoing mayor or, in his or her absence or refusal to administer such oath, by the town clerk. The oath of the aldermen shall be administered by the mayor. All of said oaths shall be entered upon the minutes of the town.

SECTION 2-5. Veto of ordinances and resolutions; overriding veto.

Every ordinance and resolution passed by the board of aldermen shall be subject to veto by the mayor in the following manner: the mayor shall within three days write out his or her objections to such ordinance or resolution; and the board of aldermen, at the next regular meeting at which a quorum shall be present, shall order said objections entered on the minutes and vote on the question as to whether said ordinance, resolution, or other action shall become adopted over said veto. Should as many as three aldermen vote in the affirmative, said resolution and ordinance shall stand affirmed and become effective without the approval of the mayor; otherwise not. The ayes and nays shall in all cases be entered upon the minutes.

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SECTION 2-6. Provisions of charter constitute defense for acts of mayor and aldermen in pursuance thereof.

The provisions of this charter may be pleaded and shall be a defense to any action brought against the mayor and aldermen, or either, when the acts of the mayor and aldermen are in accordance with ordinances properly passed in pursuance thereof.

SECTION 2-7. Penalty for violation or neglect of duties of office.

Should the mayor or any alderman be guilty of malpractice in office, willful neglect of office, or abuse of the powers conferred upon him or her or shall be guilty of any other act or acts of general conduct unbecoming an officer of the Town of McIntyre, he or she shall be impeached by the board of aldermen and upon conviction shall be removed from office.

SECTION 2-8. Compliance with state and federal law required.

The mayor and aldermen shall pass all ordinances and regulations for the government of said town, the protection of life and property, the maintenance of public places, and the protection of public health, provided the same are not repugnant to the Constitution and laws of the state or of the United States, and prescribe and enforce penalties for the violation of same.

SECTION 2-9. Authority to codify ordinances; true copy to be competent evidence.

In addition to the powers conferred by other provisions of this charter or by general law of the State of Georgia, the mayor and aldermen shall have the power and authority to provide for codification of all ordinances, rules, or regulations of the town and the adoption of such codification by ordinance. A copy of such codification, when certified by the town clerk as being a true copy, shall be received in evidence in all courts of the State of Georgia.

SECTION 2-10. General powers.

In addition to the powers conferred by other provisions of this charter, the mayor and aldermen shall have power and authority to remove or cause to be removed all buildings, porches, steps, fences, or other obstructions or nuisances in public streets, lanes, alleys, sidewalks, squares, parks, or other public ways in said town. They shall have power to designate certain streets or places for the conduct of certain business; and to regulate chicken

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houses, hog pens, slaughterhouses, blacksmith shops, tanneries, livery stables, forges, stoves and chimneys, mill ponds, oil mills, fertilizer plants, ginneries, fish ponds, warehouses, hacks, drays, automobiles, bicycles, motorcycles, and other vehicles. They shall have power to fill up all open cellars or excavations in said town or cause to be removed all dilapidated or unsafe structures which they may consider a nuisance or dangerous to the health or lives of the people of the town and to abate, or cause to be removed, anything that constitutes a nuisance or is injurious or deleterious to the health or lives of the people of the town. They shall also have the right to condemn property for public purposes, as provided by the laws of this state.

SECTION 2-11. Zoning powers.

(a) The mayor and aldermen, in the interest of the public health, safety, order, convenience, comfort, prosperity, and general welfare, shall have the power to adopt by ordinance a plan or plans for the districting or zoning of the town to regulate the location, height, bulk, and number of stores and size of buildings and other structures; the percentage of lot which may be occupied; the size of yards, courts, and other open spaces; the density and distribution of population and the uses of building, structures, and land for trade, industry, residence, recreation, agriculture, forestry, conservation, water supply, sanitation, protection against floods, public activities, and other purposes. Such plan and the regulations adopted thereunder shall be made with reasonable consideration of the character of the district and its peculiar suitability for particular uses and with a view to promoting desirable living and working conditions and the sustained stability of neighborhoods, protecting property against blight and depreciation, securing economy in governmental expenditures, conserving the value of buildings and property, and encouraging the most appropriate use of land and of buildings and structures throughout the town. (b) The town may be divided into such number of zones or districts and such districts may be of such shape and areas as the mayor and aldermen shall deem best suited to accomplish the purpose of the regulations. In the determination and establishment of districts and regulations, classification may be based upon the nature or character of the trade, industry, or other activity conducted or to be conducted on the premises; the number of persons, families, or other group units to reside in or use buildings; the public, quasi-public, or private nature of the use of premises; or any other basis or bases relevant to the purposes of the regulations. (c) The mayor and aldermen may provide by ordinance for a zoning commission composed of not more than five members, to be selected by the mayor and aldermen, and prescribe its powers and duties. Said mayor and aldermen may also create a board of zoning appeals composed of not more than five members to be selected by the mayor and aldermen, prescribe its powers and duties, and provide for the right of certiorari from said board of zoning appeals to the Superior Court of Wilkinson County.

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SECTION 2-12. Sanitary regulations; enactment, scope, enforcement; right of entry to inspect, condemn property.

(a) The mayor and board of aldermen shall have power and authority over, and absolute control of, all pipes, sewers, and private drains in said town and power and authority to prescribe their location, structure, use, and preservation and to make such regulations concerning them in all particulars as may seem best. (b) They shall have power and authority to prescribe the kind of water closets, urinals, or other receptacles or drains for water or other fluids or substances to be used within the town and to condemn and destroy any water closet, urinal, or other receptacle or drain now in use or hereinafter to be constructed and put in use which does not conform to and is not of the kind prescribed for use by the ordinances and rules of the town and which may be detrimental to the health of the town. (c) They shall also have power and authority to compel all property owners to connect water closets and urinals, or other receptacles or drains, on the premises of the said property owners with the sanitary sewers of said town under such rules and regulations as may be prescribed. If such property owner shall fail to connect any water closet, urinal, or other receptacles or drains as aforesaid, within the time and in the manner prescribed, then the town may cause said work to be done and connections to be made and provide all necessary material therefor and assess the costs of the same against the property owner and the property so improved. The town shall arrest and prosecute the owners of said property before the municipal court of the town for maintaining a nuisance, in connection with which the town shall have the right, power, and authority to enter upon the premises of anyone, after notice, to inspect the connections and fixtures necessary to connect the same with the sanitary sewers of the town, without being deemed a trespasser or becoming responsible as such to the owner or tenant.

SECTION 2-13. Regulation of drainage; enforcement by execution.

The mayor and aldermen shall have the power to cause the owner or owners of lots within the town to drain the same or to fill the same to the level of the streets or alleys on which said lots abut; to cause the owner or owners of cellars holding water to cause the same to be drained thereof or filled up if necessary; to compel property owners to make proper drain pipes to storm sewers and gutters or other street waterways; and to pass such ordinances regulating the same as they may deem necessary. Whenever the owner of any such property shall refuse or fail, after a reasonable notice to the owner or his or her agent, or to the tenant in possession of said premises, to comply with the requirements of said mayor and aldermen within the period prescribed for such notice, it shall be lawful for the town to cause the same to be done at the owner's expense, and for the amount so expended.

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SECTION 2-14. Laying out, vacating, paving, maintaining, and improving public streets and ways.

(a) The mayor and aldermen of the Town of McIntyre shall have the power and authority to open, lay out, widen, straighten, or otherwise change the streets, avenues, alleys, sidewalks, crossings, or other passageways of said town and shall have the power to vacate, close up, open, alter, grade and fill, curb, pave, drain, and repair the same. They shall have power and authority to prescribe such rules and regulations for laying out, constructing, and maintaining the same and the power of curbing and paving of all squares, triangles, and intersections of said town. They shall prescribe the kind of material to be used in construction and shall fix the time when notice shall be given and when the work shall be completed and shall supervise the construction of the same and reject any work not performed in compliance with such prescribed regulations. They shall have power and authority to require any street, avenue, alley, sidewalk, street crossing and railroad crossings, or other passageways to be paved in such manner and with such material as they may be determined by resolution or ordinance. (b) Whenever the mayor and aldermen shall deem it proper to pave or improve any of the streets, lanes, or alleys of said town, they shall have a survey made and plans and specifications and estimates of the cost of the improvements contemplated and shall establish the grades of the streets to be improved and locate the sewers and water mains therein.

SECTION 2-15. Street paving and taxation.

(a) The mayor and aldermen of said town shall pass all ordinances necessary to effect the purposes and intent of Section 2-14 of this charter as are deemed to be in the best interest of the town and which shall not be in conflict with the Constitution and laws of the State of Georgia. (b) The mayor and aldermen of the town may levy and collect any additional ad valorem tax or a special street tax, upon all property, real or personal, within the town limits for the purpose of paying the paving expenses referred to in Section 2-14 of this charter, which said tax shall be collected in the same manner as is provided elsewhere in this charter for the enforcement and collection of taxes.

SECTION 2-16. Granting of franchises.

The mayor and aldermen of said town shall have the power to grant franchises, easements, and rights-of-way over, in, under, and on the public streets on such terms and conditions as they may fix. They may contract with any other public or private corporation regarding the furnishing of water, electric current, gas, garbage collection, or other public services to said

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town by said other corporation or regarding the furnishing of water, electric current, gas, or other public service by the town to such public or private corporation; provided, however, the said mayor and aldermen shall not grant any franchise, easement, or authority to any person or public or private corporation to own, operate, or maintain any public utility in competition to any public utility owned by said town within said town.

SECTION 2-17. Exercising eminent domain.

(a) The mayor and aldermen are authorized and empowered to condemn land within the corporate limits of said town for any municipal uses or purposes, which includes the erection of public buildings for said town; for public parks, playgrounds, water supply, sewers, forms for handling and disposing of sewerage, garbage, or trash; and for any other public purposes and improvements. (b) The town is authorized and empowered to take and condemn personal property in the same manner as above when needed for public purposes of the town. (c) When it is necessary for the town to exercise the power of eminent domain, the same shall be exercised under the provisions of the general laws of this state relative to eminent domain.

SECTION 2-18. Alcoholic beverages.

The mayor and aldermen shall have the power and authority by ordinance to prohibit, regulate, or license the sale, possession, distribution, manufacture, or consumption of spirituous, vinous, malt, or intoxicating liquors within the town and may abate violations of such ordinances as nuisances. The police of the town shall have the authority to enter and, if necessary, to break open and enter any premises in the town which the mayor and aldermen may have reasonable cause to believe, or may suspect to be, a place where spirituous, vinous, malt, or intoxicating liquors are sold, possessed, distributed, manufactured, or consumed in violation of law or of any ordinance of the town and to seize the stock thereof and any machinery, equipment, or apparatus used in connection therewith. Upon conviction of any person for maintaining a nuisance, as above stated, and as a punishment for same, the mayor and aldermen shall be empowered to cause the police department of the town to destroy the stock of liquors so seized and the machinery, equipment, or apparatus used in connection therewith, in addition to any other penalty which may be imposed upon the offender for violation of the laws of the town.

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SECTION 2-19. Suppression of crime; municipal court.

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The mayor and aldermen of the Town of McIntyre shall have the power and authority to pass all laws and ordinances, rates, and regulations necessary and proper to secure the efficient and successful administration of the business of the municipal court and all other ordinances that they may deem necessary to preserve order and to suppress crime, not in conflict with the Constitution and the laws of the State of Georgia.

SECTION 2-20. Municipal jail; establishment authorized; purpose.

The mayor and aldermen shall have authority to establish a municipal jail and provide regulations for the same in which to confine for punishment, when necessary, persons sentenced by the municipal court judge for violating any town law or ordinance, or any penal section of this charter, and for the detention of all persons committing or attempting to commit crimes; and any police of the town shall have the right to confine such persons in the municipal jail to await their trial.

SECTION 2-21. Regulations of animals at large.

The mayor and aldermen shall have the power and authority to prevent animals from running at large and to take up and impound any animal found at large within the town, to provide for the redemption of or sale of the same, and to enact such laws and ordinances as are necessary to carry out the provisions of this section.

SECTION 2-22. Keeping of combustibles and explosives, erection of buildings.

The mayor and aldermen shall have power to regulate the keeping of gunpowder, gasoline, and other combustibles and explosives; to make regulations for guarding against fires; to fix and establish fire limits and from time to time to change, enlarge, or restrict the same; to regulate the kinds of buildings to be erected and the material and construction thereof; and to grant or refuse permits of all kinds of buildings and other structures to be erected in said town.

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SECTION 2-23. Places of worship and burial; regulations of interments.

The mayor and aldermen shall have power and authority to protect places of worship, and to provide places for burial and regulate interments.

ARTICLE III TOWN OFFICERS, EMPLOYEES, AND BOARDS
SECTION 3-1. Mayor pro tem; selection.

The mayor and aldermen shall elect at their annual organizational meeting a mayor pro tem from the aldermen, whose duty it shall be to act in all cases as the mayor in the absence, disqualification, or sickness of the mayor, during which time he or she shall be clothed with all necessary powers of the mayor.

SECTION 3-2. Town clerk; treasurer; terms of office; compensation; consolidation of offices of town clerk and treasurer.

The town clerk and the treasurer shall be appointed by the mayor and aldermen and serve at the pleasure of the mayor and aldermen. The mayor and aldermen shall have power to fix the salary of the town clerk and treasurer and may also have the power to combine the offices of the clerk and treasurer or may, at their discretion, elect one person to fill both offices.

SECTION 3-3. Same; removal.

Any of the offices in Section 3-2 of this charter may be removed at any time by a majority vote of the mayor and aldermen for neglect of duty, incapacity, or malfeasance in office. Said officers shall be governed by such rules and regulations as may be prescribed by the mayor and aldermen and which are not inconsistent with this charter. The mayor shall have the authority to suspend any officer temporarily, in his or her discretion, until the next regular meeting of the mayor and aldermen, when such officer shall be given a trial.

SECTION 3-4. Same; oath; duties of town clerk and treasurer.

(a) The town clerk and treasurer of the Town of McIntyre shall take and subscribe an oath before the mayor that they will, to the best of their ability, faithfully perform the duties of their office, without favor or partiality.

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(b) The town clerk shall be the clerk of the board of aldermen; shall attend all meetings of the mayor and aldermen and the municipal court and keep the minutes, books, and files of each; shall collect all fines, taxes, and other money due the town; shall attend to the issuance of all licenses and permits; and shall perform such other duties as may be required of him or her by the mayor and aldermen. (c) It shall be the duty of the treasurer to receive and disburse all monies of the town, upon proper orders, and he or she shall make itemized reports of all receipts and disbursements and submit the same to the mayor and aldermen whenever called upon by them to do so.

SECTION 3-5. Police force constituted; terms; removal from office; compensation; powers and duties.

(a) There shall be a police department of the town which shall consist of a chief of police and such other officers and personnel as the mayor and aldermen may prescribe. The chief of police and such other officers shall be appointed by the mayor and aldermen and serve at the pleasure of the mayor and aldermen. The chief and the officers of the police department may be discharged or suspended at any time by the mayor and aldermen, after trial, for neglect of duty, incapacity, conduct unbecoming an officer, or other like offense, when in their judgment it is best for the good of the department or the interest of the town. The mayor and aldermen shall have power to fix the salaries of the members of the police department. (b) The chief and the officers of the police department shall preserve the peace of the town and shall have power and authority to arrest all persons within said town guilty or charged with violating any of the laws of the state or laws and ordinances of the town and all persons committing or attempting to commit any crime against the laws of the state or ordinances of the town. They shall have the power and authority to confine all persons arrested in the town jail or in the common jail of Wilkinson County and bring them before the municipal court for trial or commitment; provided, however, that all persons desiring to give bail for their appearance before the municipal court in bailable cases shall be allowed to do so.

SECTION 3-6. Chief of police; vacancy in office.

In case of death, resignation, or removal from office of the chief of police, the mayor, or in the mayor's absence the mayor pro tem, and in the absence of the mayor pro tem the board of aldermen, shall appoint some person to perform the duties of the chief of police until the next regular meeting of the aldermen, when the mayor and aldermen shall elect a successor.

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SECTION 3-7. Fire department constituted; selection, duties,
terms of personnel; rules, regulations.

There shall be a fire department, which consists of a chief and other officers and personnel thereof, who shall be selected by the mayor and aldermen and whose duties shall be prescribed by said mayor and aldermen. The mayor and aldermen shall have power to suspend or remove any of the members of the fire department whenever they shall deem it necessary or proper for the well-being and efficiency of the department. The mayor and aldermen shall have power to fix all rules and regulations for the general government and management of the department and fix the salaries of the members thereof. The members of the fire department shall be elected to serve for an indefinite term; provided, however, they may be discharged or suspended at any time by the mayor and aldermen, after trial, as provided for police officers.

SECTION 3-8. Town attorney; terms, duties, compensation.

The office of the town attorney is hereby created and established. Said attorney shall be elected by the mayor and aldermen and serve at the pleasure of the mayor and aldermen. Said attorney's duties shall be prescribed from time to time by the mayor and aldermen. He or she shall represent the interest of the town in all courts and shall attend the sessions of the mayor and aldermen when they request. His or her salary or compensation for any service shall be fixed by the mayor and board of aldermen.

SECTION 3-9. Selection of officers and employees.

In addition to the officers, employees, and boards provided for in this charter, the mayor and aldermen shall have power and authority to elect or appoint, for such time as in their judgment may seem best, such officers, agents, superintendents, maintenance personnel, street overseers, draftsmen, or other personnel for the carrying out of the provisions of this charter and the functioning of the government of the Town of McIntyre and to prescribe their duties and fix their compensation.

SECTION 3-10. Salaries of officers, employees.

The mayor, aldermen, and other officers and employees of the town shall be paid such salaries for their services as may be fixed each year by the mayor and aldermen to apply to

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the ensuing fiscal year; provided, however, that the salaries payable to the mayor and aldermen shall not be increased or diminished during the year.

SECTION 3-11. Retirement pensions; eligibility; amount.

The mayor and aldermen shall have the power and authority to establish a retirement system for its employees.

SECTION 3-12. Board of health; constituted; membership, compensation; powers.

(a) The mayor and aldermen shall have the authority to constitute a board of health for said town, to consist of the mayor, one licensed physician, and one citizen to be appointed by the mayor, whose appointment shall be confirmed by the board of aldermen. Said members shall hold office for one year and until their successors are appointed and qualified. The citizens appointed on said board of health shall hold no other municipal office during their terms as a member of the board of health. The mayor and board of aldermen shall appoint such other citizens to serve on the said board of health as they may deem necessary. (b) The mayor and aldermen shall prescribe rules and regulations for said board, shall prescribe the duties of the members and the times they shall meet, and shall fix the salaries of the members who shall be appointed to said board, but the mayor shall serve on said board for no additional salary. (c) Said board shall have full power to institute and enforce all sanitary measures necessary to the preservation of the public health and likewise for the prevention of infectious and contagious diseases of all kinds. They shall likewise exercise absolute power over the subject of quarantine, and from time to time recommend to the mayor and aldermen the passage of such ordinances, rules, and regulations for the general health and sanitary betterment of the town as they may deem necessary for the good health of the town. They shall also have power to inspect foods, milk, fruit, and other things sold in said town and report to the mayor and aldermen all persons selling any impure articles; and the mayor and aldermen shall provide a penalty for all persons so offending. The said board of health shall look after the general sanitary condition of the town and shall report any nuisance likely to endanger the health of said town, or any neighborhood or place, and the mayor and aldermen upon the advice of the board of health shall enforce all sanitary rules and regulations, shall abate all nuisance and enforce all ordinances for the general health of the town, and shall prescribe penalties for violation of the same.

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SECTION 3-13. Establishment of park commission.

The mayor and aldermen shall have the power and authority to appoint a park commission and shall prescribe the manner of election, terms of office, duties, and compensation of same.

SECTION 3-14. Public library; board of trustees, appropriations, reports.

The mayor and aldermen shall have the power and authority to appropriate from year to year such sums of money for the support of the public library as they may deem best for the interest of the town. Said library shall be managed and controlled by the board of trustees to be selected by the mayor and aldermen and to consist of such number of citizens as the mayor and aldermen shall determine. The trustees shall be elected for a term of one year and shall be elected by the mayor and aldermen at the organizational meeting each fiscal year. The sum of money appropriated, together with all other appropriations for the support of the library, shall be turned over to, and shall be disbursed by, said board of trustees, who shall render a full and accurate statement to the mayor and aldermen quarterly, showing the purpose for which said funds have been expended. The town clerk shall be the disbursing medium for the board of trustees, keeping a record of same.

SECTION 3-15. Public works system; boards of commissioners; membership, terms, compensation; powers; duties.

(a) The mayor and aldermen shall have the power to establish by ordinance a board or boards of commissioners for the operation, maintenance, regulation, acquisition, extension, or improvement of gas, water, or light plants, or any other system or systems of public works of the same or similar nature which the town may now or at any time hereafter own or operate. The town may establish one such board to operate more than one or all such public works system or systems. (b) Said board or boards when so established shall each consist of at least three members, none of whom shall be the mayor or any alderman, who shall be elected for one year and until their successors are elected and qualified. The manner of election shall be prescribed by ordinance, provided the commissioners are bona fide residents of the Town of McIntyre. All vacancies shall be filled by appointment by the mayor and aldermen for the balance of the unexpired term. (c) When created, said board or boards shall be vested with power and authority to maintain, extend, improve, modify, and operate the system of waterworks now in operation or hereafter acquired, extended, or improved, or any gas, light, or water system or other system of public works of the same or similar nature now or hereafter owned or operated by the town, or

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acquired, extended, or improved, or any light contract or other contract existing between the town and any company for the furnishing to the town of light, natural gas, power, or other public works; to establish, equip, maintain, modify, extend, improve, and operate a system of drains and sewers for the town; to appoint superintendents and other employees, and remove the same when necessary; to purchase, rent, lease, and sell real estate and any apparatus, machinery, and all other things necessary to conduct said public works systems and hold title to the same for the town; to collect, receive, and disburse all monies arising from the sale of bonds issued for the acquisition, extension, enlargement, and improvement of such plant or plants and all revenues derived therefrom; and to make such bylaws, rules, and regulations for their own government and the government of their employees as they deem necessary, not in conflict with this charter. (c) Said board or boards shall make a quarterly report in writing to the mayor and aldermen, showing the amount of money received and the source thereof, and the amount disbursed thereof, together with vouchers for the same, and shall furnish an accurate estimate of the amount of money required for the ensuing year. (d) Said board or boards shall elect a clerk and fix his or her compensation, such compensation to be approved by the mayor and aldermen. The members of said board or boards shall receive for their services such compensation as the mayor and aldermen shall prescribe, which compensation shall not be diminished or increased during the terms of office of said members. (e) The mayor and aldermen shall have the authority to enact all ordinances necessary to effect the purpose and intent of this section. The mayor and aldermen shall maintain and operate any and all systems of public works until the board or boards authorized in this section are created.

ARTICLE IV ELECTIONS SECTION 4-1. Qualifications of voters.

All persons who are residents of the town and who are qualified to vote for members of the General Assembly shall be qualified voters of the town.

ARTICLE V MUNICIPAL COURT
SECTION 5-1. Municipal court created, presiding officer.

(a) There is hereby created a municipal court for the trial of the offenses and offenders against the laws and ordinances of the Town of McIntyre, such court to be called the municipal court, to be presided over by the municipal court judge. When so appointed and

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qualified as hereinafter provided, he or she shall have full authority as judge of said court for the administration of its affairs. (b) The municipal court judge's salary shall be fixed by the mayor and aldermen, and he or she shall take such oath as may be prescribed by the mayor and aldermen, and shall be subject to removal, with or without any stated cause, upon a majority vote by the mayor and aldermen. (c) Any vacancy in the office of municipal court judge by reason of death, resignation, removal, or other reason shall be filled by appointment of the mayor and aldermen. In case of his or her disqualification or absence, the mayor or mayor pro tem may hold such court and may exercise all the powers conferred by law or this charter upon the municipal court judge.

SECTION 5-2. Penalty for violation of laws, ordinances.

The municipal court judge may punish for any violation of a town ordinance or law by fine not exceeding $1,000.00 or by imprisonment not to exceed 180 days.

SECTION 5-3. Sentence for contempt.

When sitting as a court, the municipal court judge shall have the power to punish for contempt by fine not exceeding $500.00, by imprisonment in the manner prescribed aforesaid not exceeding 180 days, or by one or both, or any part thereof, in the discretion of the presiding officer.

SECTION 5-4. Warrants; form, scope, execution; municipal court judge's authority to hear evidence, grant bond.

(a) The municipal court judge shall be authorized to issue warrants for any offense under any law or ordinance of the Town of McIntyre or this state and when the offense is against state laws and not covered by municipal law or ordinance may hear evidence and commit to jail or take bond for appearance before the grand jury or a state court having jurisdiction to try the same. If the offense charged in the warrant is one against any law or ordinance of the Town of McIntyre, the arresting officer shall carry the same before the municipal court, where same shall be disposed of as other cases of arrest not under warrant. (b) All warrants issued by the municipal court judge, or anyone authorized to preside in the municipal court, shall be directed to the "Chief of Police of the Town of McIntyre, any police officer or marshal thereof, and to all and singular the sheriffs, deputy sheriffs and constables of the State of Georgia," and any one of said officers shall have authority to execute warrants.

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SECTION 5-5. Rules of practice in municipal court.

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The rules of practice in the municipal court, so far as practicable, shall be the same as the rules of practice in the superior courts of this state.

SECTION 5-6. Witnesses.

The municipal court judge, or any authorized presiding officer of the municipal court, shall have power and authority to subpoena witnesses to attend the municipal court under the same rules and regulations that regulate and govern the superior courts of this state, to compel attendance, and to punish any witness who has been duly subpoenaed and fails to attend under the provisions heretofore provided for contempt.

SECTION 5-7. Appearance bonds; posting, forfeiture, execution.

(a) Any police officer of the Town of McIntyre shall release any person arrested for a violation of any law, regulation, or rule of said municipal government upon such person posting bonds payable to the Town of McIntyre in the amount and surety approved as directed by the municipal court judge, conditioned for the appearance of such persons before the municipal court at the time and place specified in said bond and from time to time until he or she shall have been tried for the offense for which charged. (b) If any person so released under appearance bond shall fail to appear for trial at the time named therein, such bond shall be forfeited and a rule nisi shall be issued requiring such person or the surety upon such bond to show cause before court, at a time not less than ten days from the date of such rule, why such bond shall not be absolutely forfeited. Copies of such rule shall be served upon such person or to whom it shall be directed at least five days before the return day thereof, provided such person or persons are residents of the town, and such service may be made personally or by mailing a written notice to such person or persons at their last known address. (c) At the time such rule is made returnable and no sufficient cause is shown, the forfeiture of said bond shall be final and absolute, and execution shall issue for the full amount thereof and all costs against the principal and sureties thereon or such of them as shall have been served. Such execution shall be signed by the clerk of the Town of McIntyre and the municipal court judge and shall be directed to all police officers of said town and to all and singular the sheriffs and constables of this state, and the same when so issued shall be a lien upon all property, real or personal, of such parties and of binding effect upon such property of the defendants therein as if the same were issued upon judgments in the superior courts and shall be levied by any officer to whom it shall be directed.

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(c) Any police officer of said town, when the emergency of the occasion demands it, may require cash bonds for the appearance of such arrested person or persons, and upon their failure to appear at trial thereof, said cash bond may, in the discretion of the town municipal court judge, be regarded as a fine and so assessed by said judge.

SECTION 5-8. Ministerial officers of municipal court attendance, duties.

The ministerial officers of the municipal court shall be the police of the Town of McIntyre to whom all processes shall be directed. Said officers or a sufficient number shall attend the sessions of the court for the purpose of executing the orders of said court and shall do and perform such duties connected with said court as may be required of them.

SECTION 5-9. Rights of appeal.

Any person convicted before the municipal court judge shall have the right to enter an appeal from the judgment of said court to the Superior Court of Wilkinson County.

ARTICLE VI TAXATION, FINANCE, AND REVENUE
SECTION 6-1. Fiscal year.

The fiscal year of the town shall be fixed by ordinance or resolution of the mayor and aldermen, duly entered upon the minutes.

SECTION 6-2. Budget.

No expenditures of money shall be expended by the mayor and aldermen until a fiscal year budget has been adopted. The budget shall include in its anticipation for the ensuing fiscal year a sum not to exceed the normal revenue collections of the town anticipated from all sources during the ensuing year. The mayor and aldermen shall appropriate a sum sufficient to pay the annual debt service, including sinking fund and interest on bonded indebtedness, which sum shall not be diverted to any other department or departments by the mayor and aldermen during the year. Should the revenue of the town be less than the amount anticipated, it shall be the duty of the mayor and aldermen to amend the budget in order to reflect such decreased revenue. In the event the revenue of the town is greater than the amount anticipated, and such increase is definite and reasonably certain, the mayor and aldermen may amend the budget in order to reflect such increase in revenue.

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SECTION 6-3. Deficits.

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If at any time during the year expenses exceed revenues and a deficit is created, it shall be the duty of the mayor and aldermen, before appropriating any other sum for any other purpose, to appropriate a sufficient sum to immediately discharge any such deficit which has occurred.

SECTION 6-4. Borrowing money authorized.

The mayor and aldermen shall have authority to borrow money to meet casual deficiencies in the revenues of the town; provided, however, that loans negotiated for such purpose shall not extend over a period longer than 12 months and shall be repaid from the revenues of the current year, for which provision shall be made by tax levy.

SECTION 6-5. Annual audit of finances required; publication.

The mayor and aldermen, at the end of each fiscal year, shall have an annual audit conducted by a certified public accountant, covering all financial transactions entered into by said mayor and aldermen or by any board, commission, agency, department, or officer of the town in behalf of the town for that year. When such audit has been completed, it shall be adopted by the mayor and aldermen, and an official copy placed in the clerk's office.

SECTION 6-6. Taxes; authority to levy, provide for collection.

The mayor and aldermen of said town shall have power and authority to levy and collect an ad valorem tax upon all property, real and personal, within the corporate limits of the town which is taxable under the laws of this state, and to provide the manner in which the same shall be collected.

SECTION 6-7. Payment of taxes and licenses.

The mayor and aldermen of said town shall have power and authority to prescribe the time when all business and occupation taxes and licenses shall be paid to the town.

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SECTION 6-8. Collection of delinquent taxes and fees.

The board of aldermen by resolution may provide generally for the collection of delinquent taxes, fees, or other revenue due the town under this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of tax fi. fa.; 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 6-9. Bond issues, elections for public improvements.

The mayor and aldermen of said town shall have the power and authority to order elections at various times to determine the issue of bonds, and to issue and or hypothecate bonds in accordance therewith, for all public improvements as they may deem necessary. They may issue the same for the purpose of purchasing, building, or enlarging the waterworks and sewer system of the town, to establish a light plant, to erect a town hall where the public business of the town shall be transacted, to curb and pave the streets, to purchase sites, erect and equip public school buildings, and for any such other public improvements as they may deem proper; and they shall provide how the public debt of the town shall be paid and may constitute such sinking fund for that purpose, if they may deem it necessary.

SECTION 6-10. Tax levy to amortize bond authorized; interest coupons.

The mayor and aldermen of said town are hereby authorized and empowered to levy, assess, and collect annually a sufficient tax upon and from the taxable property in said town, real and personal, to pay the principal and interest on bonds as they shall become due. This tax shall be separately assessed, levied, and collected for the specific purpose designated in this section and shall not be used or applied to any other purpose whatever. Said mayor and aldermen are hereby authorized and empowered to issue interest coupons payable annually for the interest of said bonds. Any money received and collected under this charter and remaining after the payment of maturing interest coupons and bonds shall be held by the mayor and aldermen as a sinking fund for the payment of the bonds and interest maturing the next year.

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SECTION 6-11. Execution, registration, sale of bonds.

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Any bond issued pursuant to the authority in this charter shall be signed by the mayor and clerk of said town and registered and sold in manner and in such sums and at such times as the mayor and board of aldermen may determine for the best interest of said town and the speedy execution of the objects thereof.

ARTICLE VII MISCELLANEOUS
SECTION 7-1. Terms of officers.

All present officers of said town shall hold their offices until the expiration of their present terms and until their successors are elected and qualified, except as herein provided. An election shall be held on the first Tuesday after the first Monday in November, 2011, for the purpose of electing a mayor and five aldermen. The mayor and five candidates for aldermen shall serve for a term of four years and until their successors are elected and qualified. Beginning on the first Tuesday after the first Monday in November, 2011, and every four years thereafter, an election shall be held to elect the successors to the mayor and aldermen whose terms expire the first day in January of the year next following such election. The successors to the mayor and aldermen elected in 2011 and all future successors shall take office on the first day of January in the year next following their election and shall serve a term of four years and until their successors are elected and qualified. The mayor and aldermen shall enter upon the discharge of their respective offices as soon as they take the oath of office after election.

SECTION 7-2. Existing ordinances preserved.

This Act shall not abolish any of the ordinances now in effect in said town except where they are in conflict with this charter, but the same shall be preserved and continued.

SECTION 7-3. Existing acts preserved.

All other Acts heretofore approved by the General Assembly relating to the Town of McIntyre, except such part or parts thereof as may be in conflict with this charter and except for the Acts specifically repealed herein, shall be and they are hereby continued in operation, confirmed, and consolidated with and made a part of this charter.

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SECTION 7-4. Severability.

If any provision of this Act shall be held to be unconstitutional, such provision only shall be invalid, and all other parts of this Act shall not be affected thereby but shall remain in full force and effect.

SECTION 7-5. Specific repealer.

An Act incorporating the Town of McIntyre approved March 30, 1971 (Ga. L. 1971, p. 2370), as amended, is repealed in its entirety.

SECTION 7-6. General repealer.

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

CITY OF MCINTYRE
Notice is given that there will be introduced at the regular 2011 session of the General Assembly of Georgia a bill to incorporate the Town of McIntyre, Georgia, and to grant a new charter to said town; to organize the municipal government thereof; to prescribe the corporate limits; to regulate the sale or lease of town utilities, the grant of franchises, and the furnishing of certain practices; to provide for a mayor and aldermen and their function, authority, powers, duties, qualifications, and election; to provide for the power of veto and the manner of overriding the same; to provide for removal from office; to prescribe the corporate powers and authority; to regulate the appointment, qualifications, duties, and authority of the officers and employees of the town and their compensation; to provide for the authority of the mayor and aldermen over said officers and employees; to create certain boards, commissions and departments and provide for the creation and regulation of others; to prescribe the qualifications of voters; to establish a municipal court and provide for appointment of a municipal court judge; to establish the jurisdiction, powers, and duties of the municipal court judge; to provide for public works improvements and the levy of assessments therefore; to provide for establishment of a fiscal year, a budget, and an annual audit of finances; to authorize borrowing; to regulate appropriations and expenditures; to provide for ad valorem taxation; to provide for the taxing of occupations and other privileges; to prescribe the manner of collection of unpaid taxes and assessments; to provide for the preservation of existing ordinances and laws not inconsistent with this Act and that the provisions of this Act are severable; to prescribe punishments for the violation of this Act and for the violation of

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ordinances and regulations enacted pursuant thereto; to repeal an Act incorporating the Town of McIntyre, Georgia, and granting a new charter approved March 30, 1971 (Ga. L. 1971, p2370), as amended; to repeal certain other Acts affecting said town; to repeal conflicting laws; and for other purposes.

Representative James Epps District 140

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James Epps, who on oath deposes and says that he is the Representative from District 140 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Wilkinson County Post which is the official organ of Wilkinson County on March 17, 2011, and that the notice requirements of Code Section 28-1-14 have been met.

s/ JAMES EPPS James Epps Representative, District 140

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 11, 2012.

__________

TWIGGS COUNTY BOARD OF EDUCATION; COMPENSATION.

No. 492 (House Bill No. 572).

AN ACT

To amend an Act providing for the election of members of the Board of Education of Twiggs County, approved March 26, 1982 (Ga. L. 1982, p. 3627), as amended, particularly by an Act

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approved March 24, 1994 (Ga. L. 1994, p. 4048), so as to change provisions relating to the compensation of members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act providing for the election of members of the Board of Education of Twiggs County, approved March 26, 1982 (Ga. L. 1982, p. 3627), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 4048), is amended by revising Section 4 to read as follows:
"SECTION 4. The chairman of the board of education shall be compensated in the amount of $9,000.00 per annum, and each of the other members of the board shall be compensated in the amount of $7,200.00 per annum. The chairman and other members shall be paid in equal monthly installments from the funds of the board of education."

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 for the election of members of the Board of Education of Twiggs County, approved March 26, 1982 (Ga. L. 1982, p. 3627), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 4048), so as to change provisions relating to the compensation of members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes.
s/James A. Epps, Jr. Representative James Epps District 140
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James Epps, who on oath deposes and says that he is the Representative from

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District 140 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Twiggs County New Era which is the official organ of Twiggs County on March 17, 2011, and that the notice requirements of Code Section 28-1-14 have been met.

s/ JAMES EPPS James Epps Representative, District 140

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 11, 2012.

__________

LOWER CHATTAHOOCHEE REGIONAL TRANSPORTATION AUTHORITY CREATE.

No. 493 (House Bill No. 604).

AN ACT

To create the Lower Chattahoochee Regional Transportation Authority; to provide for a short title; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, organization, meetings, and expenses; to provide for definitions; to provide for revenue bonds and their form, signatures thereon, negotiability, sale, and use of proceeds from such sales; to provide for interim documents and for lost or mutilated documents; to provide for conditions for issuance; to prohibit the pledge of credit for the payment of bonds; to provide for trust indentures and a sinking fund; to provide for payment of bond proceeds; to provide for bondholder remedies and protections; to provide for refunding bonds; to provide for bond validation; to provide for venue and jurisdiction; to provide rules and regulations; to provide for tort immunity; to provide for supplemental powers; to provide for effect on other governments; to provide for liberal

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construction; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Short title.

This Act shall be known and may be cited as the "Lower Chattahoochee Regional Transportation Authority Act."

SECTION 2. Lower Chattahoochee Regional Transportation Authority.

(a) There is created a body corporate and politic to be known as the Lower Chattahoochee Regional Transportation Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation and instrumentality 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 a trust indenture shall in no event be liable for any torts committed by any of the officers, agents, and employees of the authority. The authority shall not be a state institution, nor a department or agency of the state, but shall be a political subdivision of the state having a distinct corporate entity and being exempt from the provisions of Article 2 of Chapter 17 of Title 50 of the O.C.G.A., the "Georgia State Financing and Investment Commission Act." The authority is granted the same exemptions and exclusions from taxes as are now granted to cities and counties. (b) The authority shall consist of seven members who shall be appointed as follows: Two members shall be appointed by each of the governing bodies of Stewart, Quitman, and Randolph counties. Each member shall serve for a term of four years, except that one of the two initial members appointed by each of the governing bodies shall serve for two years. Each member shall be a resident of the county making the appointment. The six members so appointed shall appoint the seventh member, who shall be a resident of Stewart, Quitman, or Randolph County, for a term of office of four years. Members of the authority shall serve the terms specified and until their respective successors are appointed and qualified; provided, however, that any member of the authority may be removed at any time by the governing authority which appointed such member, with or without cause. Any member of the authority may be selected and appointed to succeed himself or herself. 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

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funds of the authority. The authority shall make rules and regulations for its own government. The authority shall have perpetual existence. (c) To be eligible for appointment as a member of the authority, a person shall satisfy the requirements of Code Section 45-2-1 of the O.C.G.A. (d) The authority shall elect one of its members as chairperson and another member as vice chairperson. The authority shall elect a secretary and a treasurer, or a secretary-treasurer, who need not be members of the authority. (e) A majority of the members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority. (f) The authority shall make rules and regulations for its own government.

SECTION 3. Definitions.

As used in this Act, the term: (1) "Authority" means the Lower Chattahoochee Regional Transportation Authority created by this Act. (2) "Cost of the project" means the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment; financing charges and interest prior to and during construction and for one year after completion of construction; the cost of engineering, architectural, fiscal agents, and legal expenses, and of plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project; administrative expenses and such other expenses as may be necessary or incident to the financing authorized by this Act; the cost of the acquisition and construction of any project; and the cost of placing any project in operation. Any obligation or expense incurred for any of the foregoing shall be regarded as part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds or notes under the provisions of this Act for such project. (3) "Project" means and includes the acquisition, construction, equipping, maintenance, and operation of any transportation facility, including, but not limited to, storage facilities for equipment; the provision of transportation services; and the acquisition, equipping and maintenance of equipment and materials necessary to maintain all modes of transportation and to provide transportation services, including the mining of natural materials to be used in roadway construction and stabilization and including the purchase and maintenance of vehicles for the delivery of transportation services. A project may be composed of real or personal property, equipment, fixtures, machinery, and other property of any nature whatsoever used or useful in connection with providing transportation services or modes of transportation. (4) "Revenue bonds," "bonds," or "obligations" means revenue bonds or obligations as defined and provided for in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

"Revenue Bond Law," and such type of obligations may be issued by the authority as authorized under said Revenue Bond Law and any amendments thereto and, in addition, shall also mean obligations of the authority, the issuance of which are specifically provided for in this Act. (5) "Self-liquidating" means the revenues and earnings of any project to be derived by the authority therefrom and all properties used, leased, and sold in connection therewith will be sufficient, in the judgment of the authority, 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 or notes which may be issued to finance, in whole or in part, the cost of such project; provided, however, the authority, in its sole judgment, shall determine if a project is deemed to be self-liquidating.

SECTION 4. Powers.

The authority shall have the power: (1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, real property, rights, or easements therein or franchises necessary or convenient for its corporate purposes; to use the same so long as its corporate existence shall continue; and to lease or make contracts with respect to the use of or to dispose of the same in any manner it deems to the best advantage of the authority; provided, however, no property shall be acquired under the provisions of this Act upon which any lien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money is deposited in trust to pay and redeem the fair value of such lien or encumbrance; (4) To appoint, select, and employ officers, agents, and employees including engineering, architectural, and construction experts, fiscal agents, and attorneys and to fix their respective compensations; (5) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired; and any and all persons, firms, and corporations and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms for such purposes as they deem advisable; and, without limiting the generality of the above, authority is specifically granted to municipal corporations, counties, and 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 and counties or relative to the furnishing of

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facilities and services by municipal corporations, counties, corporations, or individuals to the authority for a term of not exceeding 50 years; (6) To plan, design, construct, erect, acquire, own, lease, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds, notes, or other funds of the authority, from the contracting for services, or from such proceeds or other funds and any grant from the United States or the State of Georgia or any political subdivision, agency, or instrumentality of either; (7) To accept loans and grants of money or materials or property of any kind from the United States or any agency or instrumentality thereof, upon such terms and conditions as the United States or any agency or instrumentality thereof may impose; (8) To accept loans and grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the State of Georgia or any agency or instrumentality or political subdivision thereof may impose; (9) To borrow money for any of its corporate purposes, to execute notes or other evidences of such indebtedness, to secure the same, to issue revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of holders thereof; (10) To sell, lease, grant, exchange, or otherwise dispose of any surplus property, both real and personal, or interest therein not required in the normal operation of or not usable in the furtherance of the purpose for which the authority was created; (11) To borrow money for any of its corporate purposes from any bank, banks, or other lending institutions; to execute notes or other evidences of such indebtedness; and to secure the same by assigning all rights and pledging all funds to be received by the authority from a contract or lease entered into by the authority and any political subdivision or governmental body; (12) To exercise any power which is usually possessed by private corporations performing similar functions and which is not in conflict with the Constitution and laws of this state; and (13) 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, is authorized to provide by resolution for the issuance of negotiable revenue bonds of the authority for the purpose of paying all or any part of the cost, as defined in this Act, of any one or more projects. The principal of and interest on such revenue bonds shall be payable solely from

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the special fund provided in this Act for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates per annum, payable at such time or times, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority.

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 thereon, which may be at any bank or trust company inside or outside the state. The bonds may be issued in coupon or registered form, or both, as the authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also to both principal and interest.

SECTION 7. Revenue bonds; signatures; seal.

In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. All such bonds shall be signed by the chairperson of the authority and the official seal of the authority shall be affixed thereto and attested by the secretary of the authority and any coupons attached thereto shall bear the facsimile signatures of the chairperson and the secretary of the authority. Any coupon may bear the facsimile signatures of such persons and any bond may be signed, sealed, and attested on behalf of the authority by such persons as at the actual time of execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such person may not have been so authorized or shall not have held such office.

SECTION 8. Revenue bonds; negotiability; exemption from taxation.

All revenue bonds issued under the provisions of this Act shall have and are declared to have all the qualities and incidents of negotiable instruments under the laws of this state. Such bonds, their transfer, and the income therefrom shall be exempt from all taxation of this state.

GEORGIA LAWS 2012 SESSION
SECTION 9. Revenue bonds; sale; price; proceeds.

5025

The authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the authority. The proceeds derived from the sale of such bonds shall be used solely for the purpose or purposes provided in the resolutions and proceedings authorizing the issuance of such bonds.

SECTION 10. Revenue bonds; interim receipts and certificates or temporary bonds.

Prior to the preparation of any definitive bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter.

SECTION 11. Revenue bonds; replacement of lost or mutilated bonds.

The authority may provide for the replacement of any bonds or coupons which shall become mutilated or be destroyed or lost.

SECTION 12. Revenue bonds; conditions precedent to issuance.

Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions, and things which are specified or required by this Act or Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law." In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special meeting of the authority by a majority of its members.

SECTION 13. Credit not pledged.

Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of Stewart, Quitman, or Randolph County nor a pledge of the faith and credit of any of said counties; but such bonds shall be payable solely from the fund provided for in this Act and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate said counties to levy or to pledge any form of taxation whatever therefor or to make any

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appropriation for their payment. All such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section.

SECTION 14. Trust indenture as security.

In the discretion of the authority, any issuance of such revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company inside or outside the state. Such trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair, and insuring of the project, and the custody, safekeeping, and application of all moneys, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the authority, and satisfactory to the original purchasers of the bonds issued therefor, and may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of bondholders. All expenses incurred in carrying out such trust indenture may be treated as part of the cost of maintenance, operation, and repair of the project affected by such indenture.

SECTION 15. To whom proceeds of bond shall be paid.

In the resolution providing for the issuance of revenue bonds or in the trust indenture, the authority shall provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes of this Act, subject to such regulations as this Act and such resolution or trust indenture may provide.

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SECTION 16. Sinking fund.

(a) 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 the trust instrument may provide. Such funds so pledged from whatever source received, including funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund which shall be pledged to and charged with the payment of:
(1) The interest upon such revenue bonds as such interest shall fall due; (2) The principal of the bonds as the same shall fall due; (3) The necessary charges of paying agents for paying principal and interest and other investment charges; (4) Any premium upon bonds retired by call or purchase as provided in this Act; and (5) Any investment fees or charges. (b) The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or the trust indenture, any surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds, and any such bonds so purchased or redeemed shall forthwith be canceled and shall not again be issued.

SECTION 17. Remedies of bondholders.

Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto and the trustee under the trust indenture, if any, except to the extent the rights given in this Act may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of this state or granted under this Act or under such resolution or trust indenture and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture to be performed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 18. Refunding bonds.

The authority is authorized to provide by resolution for the issuance of bonds of the authority for the purpose of funding or refunding any revenue bonds issued under the provisions 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. Validation.

Bonds of the authority shall be confirmed and validated in accordance with the procedure of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., known as the "Revenue Bond Law." The petition for validation shall also make party defendant to such action the State of Georgia and 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 and such municipality, county, authority, political subdivision, or instrumentality shall be required to show cause, if any exists, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the contract or contracts adjudicated as a part of the basis for the security for the payment of any such bonds of the authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such bonds, and the security for the payment thereof and interest thereon and against the authority issuing the same and the state and any municipality, county, authority, political subdivision, or instrumentality, if a party to the validation proceedings, contracting with the authority.

SECTION 20. Venue and jurisdiction.

Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such authority shall be brought in the Superior Court of Randolph 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 2012 SESSION
SECTION 21. Interest of bondholders protected.

5029

While any of the bonds issued by the authority remain outstanding, the power, duties, or existence of said authority or its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds. No other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interest and rights of the holders of such bonds, nor will the state itself so compete with the authority. The provisions of this Act shall be for the benefit of the authority and the holders of any such bonds, and, upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds.

SECTION 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 revenue, income, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.

SECTION 23. Rates, charges, and revenues; use.

The authority is authorized to prescribe and fix rates and to revise the same from time to time and to collect fees, tolls, and charges for the services, facilities, and commodities furnished and, in anticipation of the collection of revenues of such undertaking or project, to issue revenue bonds as provided in this Act to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment, or extension of any project and to pledge to the punctual payment of said bonds and interest thereon, all or any part of the revenues of such undertaking or project, including the revenues of improvements, betterments, or extensions thereto thereafter made.

SECTION 24. Rules and regulations for operation of projects.

It shall be the duty of the authority to prescribe rules and regulations for the operation of the project or projects constructed or acquired under the provisions of this Act.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 25. Tort immunity.

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

SECTION 26. Powers declared supplemental and additional.

The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized by this Act, shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing.

SECTION 27. Effect on other governments.

This Act shall not and does not in any way take from Stewart, Quitman, or Randolph County or any municipality located in any such county or any adjoining county the authority to own, operate, and maintain projects or to issue revenue bonds as is provided in 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 and its inhabitants shall be liberally construed to affect the purposes of this Act.

SECTION 29. Effective date.

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

GEORGIA LAWS 2012 SESSION SECTION 30. General repealer.
All laws and parts of laws in conflict with this Act are repealed.

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2011 session of the General Assembly of Georgia a bill to create the Lower Chattahoochee Regional Transportation Authority; 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 Eufaula Tribune 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.
s/ BOB HANNER Bob Hanner Representative, District 148
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)
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 Lower Chattahoochee Regional Transportation Authority; and for other purposes.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, 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 Cuthbert Southern Tribune which is the official organ of Randolph 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

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)

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 Lower Chattahoochee Regioal Transportation Authority; 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 Stewart Webster Journal Patriot-Citizen which is the official organ of Stewart 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

GEORGIA LAWS 2012 SESSION
Sworn to and subscribed before me, this 28th day of March 2011.

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

Approved April 11, 2012.

__________

POLK COUNTY HOMESTEAD EXEMPTION; COUNTY TAXES: BASE YEAR; REFERENDUM.

No. 494 (House Bill No. 614).

AN ACT

To provide for a homestead exemption from Polk County ad valorem taxes for county purposes in an amount that will increase in certain years when the current year assessed value of a homestead exceeds the preceding year's assessed value of such homestead by a certain amount under certain conditions; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. (a) As used in this Act, the term:
(1) "Ad valorem taxes for county purposes" means all ad valorem taxes for county purposes levied by, for, or on behalf of Polk 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)(1) Each resident of Polk County is granted an exemption on that person's homestead from Polk County ad valorem taxes for county purposes as provided in this subsection. (2) Beginning in tax year 2014 and for each year thereafter, if the current year assessed value exceeds 110 percent of the preceding tax year's assessed value, the exemption granted by this subsection shall be an amount equal to the difference between the current

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year assessed value and 110 percent of the preceding tax year's assessed value. For each year thereafter, the exemption amount shall remain the same unless the current year assessed value exceeds 110 percent of the preceding tax year's assessed value. In that event, an additional exemption shall be granted in an amount equal to the difference between the current year assessed value and 110 percent of the preceding tax year's assessed value. (3) This exemption shall not apply to taxes assessed on improvements to such homestead or additional land that is added to such homestead subsequent to the determination of the preceding tax year's assessed value. (4) The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless such person or person's agent files an application with the tax commissioner of Polk County, giving such information relative to receiving such exemption as will enable a determination to be made regarding the initial and continuing eligibility of such person for such exemption. The tax commissioner of Polk County shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year as long as the person granted the homestead exemption under subsection (b) of this section occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the tax commissioner of Polk 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 school district ad valorem taxes for educational purposes, municipal ad valorem taxes for municipal purposes, or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to Polk County ad valorem taxes for county purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2014.

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Polk County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Polk County for approval or rejection. The election superintendent shall conduct that election on the date of the general primary election in 2012 and shall issue the call and conduct that election as provided by

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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 Polk County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act be approved which provides a homestead exemption from Polk County ad valorem taxes for county purposes in an amount that will increase in certain years when the current year assessed value of a homestead exceeds the preceding year's assessed value of such homestead by a certain amount under certain conditions?"

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, 2013. 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 Polk 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 provide for a homestead exemption from Polk County ad valorem taxes for county purposes; and for other purposes.
s/Rick Crawford Representative Rick Crawford District 16
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rick Crawford, who on oath deposes and says that he is the Representative from District 16 and further deposes and says that the attached Notice of Intention to Introduce

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Local Legislation was published in the Cedartown Standard which is the official organ of Polk County on March 17, 2011, and that the notice requirements of Code Section 28-1-14 have been met.

s/ RICK CRAWFORD Rick Crawford Representative, District 16

Sworn to and subscribed before me, this 28th day of March 2011.

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

Approved April 11, 2012.

__________

POLK COUNTY HOMESTEAD EXEMPTION; COUNTY TAXES; SENIOR CITIZENS; REFERENDUM.

No. 495 (House Bill No. 615).

AN ACT

To provide a homestead exemption from Polk County ad valorem taxes for county purposes in the amount of $30,000.00 of the assessed value of the homestead for certain residents of the county who are 70 years of age or older with net annual household income of $10,000.00 or less; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. (a) As used in this Act, the term:
(1) "Ad valorem taxes for county purposes" means all ad valorem taxes for county purposes levied by, for, or on behalf of Polk County, including, but not limited to, any ad valorem taxes to pay interest on and to retire county bonded indebtedness.

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(2) "Net annual household income" means the total Georgia taxable net income of all persons who occupy and reside at such homestead, as net income is defined by Chapter 7 of Title 48 of the O.C.G.A., from all sources, except as otherwise provided in this Act, for the immediately preceding taxable year for income tax purposes. For the purposes of this Act, net income shall 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. (3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (4) "Senior citizen" means a person who is 70 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 Polk County who is a senior citizen and whose net annual household income is $10,000.00 or less is granted an exemption on that person's homestead from Polk County ad valorem taxes for county purposes in the amount of $30,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless such person or person's agent files an application with the tax commissioner of Polk County, giving the person's age and such additional information relative to receiving such exemption as will enable a determination to be made regarding the initial and continuing eligibility of such person for such exemption. The tax commissioner of Polk County shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year as long as the person granted the homestead exemption under subsection (b) of this section occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the tax commissioner of Polk County in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect any state ad valorem taxes, county school district ad valorem taxes for educational purposes, municipal ad valorem taxes for municipal purposes, or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in lieu of any homestead exemption applicable to Polk County ad valorem taxes for county purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2013.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Polk County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Polk County for approval or rejection. The election superintendent shall conduct that election on the date of the general primary election in 2012 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 Polk County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act be approved which provides a homestead exemption from Polk County ad valorem taxes for county purposes in the amount of $30,000.00 of the assessed value of the homestead for certain residents of Polk County who are 70 years of age or older with net annual household income of $10,000.00 or less?"

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, 2013. 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 Polk 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 provide for a homestead exemption from Polk County ad valorem taxes for county purposes for those 70 and over with an income below the federal poverty line; and for other purposes.

GEORGIA LAWS 2012 SESSION
s/Rick Crawford Representative Rick Crawford District 16

5039

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rick Crawford, who on oath deposes and says that he is the Representative from District 16 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Cedartown Standard which is the official organ of Polk County on March 17, 2011, and that the notice requirements of Code Section 28-1-14 have been met.

s/ RICK CRAWFORD Rick Crawford Representative, District 16

Sworn to and subscribed before me, this 28th day of March 2011.

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

Approved April 11, 2012.

__________

POLK COUNTY HOMESTEAD EXEMPTION; SCHOOL TAXES; SENIOR CITIZENS; REFERENDUM.

No. 496 (House Bill No. 616).

AN ACT

To provide a homestead exemption from Polk County school district ad valorem taxes for educational purposes in the amount of $30,000.00 of the assessed value of the homestead for certain residents of that school district who are 70 years of age or older with net annual household income of $10,000.00 or less; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability;

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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.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. (a) As used in this Act, the term:
(1) "Ad valorem taxes for educational purposes" means all ad valorem taxes for educational purposes levied by, for, or on behalf of the Polk County school district, including, but not limited to, any ad valorem taxes to pay interest on and to retire county school district bonded indebtedness. (2) "Net annual household income" means the total Georgia taxable net income of all persons who occupy and reside at such homestead, as net income is defined by Chapter 7 of Title 47 of the O.C.G.A., from all sources, except as otherwise provided in this Act, for the immediately preceding taxable year for income tax purposes. For the purposes of this Act, net income shall 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. (3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (4) "Senior citizen" means a person who is 70 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 Polk County school district who is a senior citizen and whose net annual household income is $10,000.00 or less is granted an exemption on that person's homestead from Polk County school district ad valorem taxes for educational purposes in the amount of $30,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless such person or person's agent files an application with the tax commissioner of Polk County, giving the person's age and such additional information relative to receiving such exemption as will enable a determination to be made regarding the initial and continuing eligibility of such person for such exemption. The tax commissioner of Polk County shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year as long as the person granted the homestead exemption under subsection (b) of this section occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this

GEORGIA LAWS 2012 SESSION

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section to notify the tax commissioner of Polk County in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect any state ad valorem taxes, county ad valorem taxes for county purposes, municipal ad valorem taxes for municipal purposes, or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in lieu of the homestead exemption applicable to the Polk County school district ad valorem taxes for educational purposes provided by Code Section 48-5-52 of the O.C.G.A. and any other homestead exemption applicable to Polk 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, 2013.

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Polk County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Polk County school district for approval or rejection. The election superintendent shall conduct that election on the date of the general primary election in 2012 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 Polk County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act be approved which provides a homestead exemption from Polk County school district ad valorem taxes for educational purposes in the amount of $30,000.00 of the assessed value of the homestead for certain residents of that school district who are 70 years of age or older with net annual household income of $10,000.00 or less?"

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, 2013. 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 Polk County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

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

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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 Polk County school district ad valorem taxes for educational purposes for those 70 and over with an income below the federal poverty line; and for other purposes.

s/Rick Crawford Representative Rick Crawford District 16

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rick Crawford, who on oath deposes and says that he is the Representative from District 16 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Cedartown Standard which is the official organ of Polk County on March 17, 2011, and that the notice requirements of Code Section 28-1-14 have been met.

s/ RICK CRAWFORD Rick Crawford Representative, District 16

Sworn to and subscribed before me, this 28th day of March 2011.

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

Approved April 11, 2012.

__________

GEORGIA LAWS 2012 SESSION
POLK COUNTY HOMESTEAD EXEMPTION; SCHOOL TAXES; BASE YEAR; REFERENDUM.

5043

No. 497 (House Bill No. 617).

AN ACT

To provide for a homestead exemption from Polk County school district ad valorem taxes for educational purposes in an amount that will increase in certain years when the current year assessed value of a homestead exceeds the preceding year's assessed value of such homestead by a certain amount under certain conditions; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. (a) As used in this Act, the term:
(1) "Ad valorem taxes for educational purposes" means all ad valorem taxes for educational purposes levied by, for, or on behalf of the Polk County school district, including, but not limited to, any ad valorem taxes to pay interest on and to retire county school district bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (b)(1) Each resident of the Polk County school district is granted an exemption on that person's homestead from Polk County school district ad valorem taxes for educational purposes as provided in this subsection. (2) Beginning in tax year 2014 and for each year thereafter, if the current year assessed value exceeds 110 percent of the preceding tax year's assessed value, the exemption granted by this subsection shall be an amount equal to the difference between the current year assessed value and 110 percent of the preceding tax year's assessed value. For each year thereafter, the exemption amount shall remain the same unless the current year assessed value exceeds 110 percent of the preceding tax year's assessed value. In that event, an additional exemption shall be granted in an amount equal to the difference between the current year assessed value and 110 percent of the preceding tax year's assessed value. (3) This exemption shall not apply to taxes assessed on improvements to such homestead or additional land that is added to such homestead subsequent to the determination of the preceding tax year's assessed value.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(4) The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless such person or person's agent files an application with the tax commissioner of Polk County, giving such information relative to receiving such exemption as will enable a determination to be made regarding the initial and continuing eligibility of such person for such exemption. The tax commissioner of Polk County shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year as long as the person granted the homestead exemption under subsection (b) of this section occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the tax commissioner of Polk County in the event that person for any reason becomes ineligible for such exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect any state ad valorem taxes, county ad valorem taxes for county purposes, municipal ad valorem taxes for municipal purposes, or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to Polk 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, 2014.

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Polk County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Polk County school district for approval or rejection. The election superintendent shall conduct that election on the date of the general primary election in 2012 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 Polk County. The ballot shall have written or printed thereon the words:

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5045

"( ) YES ( ) NO

Shall the Act be approved which provides a homestead exemption from Polk County school district ad valorem taxes for educational purposes in an amount that will increase in certain years when the current year assessed value of a homestead by a certain amount exceeds the preceding year's assessed value of such homestead under certain conditions?"

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, 2013. 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 Polk 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 provide for a homestead exemption from Polk County school district ad valorem taxes for educational purposes; and for other purposes.
s/Rick Crawford Representative Rick Crawford District 16
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rick Crawford, who on oath deposes and says that he is the Representative from District 16 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Cedartown Standard which is the official organ of Polk County on March 17, 2011, and that the notice requirements of Code Section 28-1-14 have been met.

5046

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
s/ RICK CRAWFORD Rick Crawford Representative, District 16

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 April 11, 2012.

__________

JASPER COUNTY JUDGE OF PROBATE COURT; NONPARTISAN ELECTIONS.

No. 498 (House Bill No. 751).

AN ACT

To provide that future elections for the office of judge of the Probate Court of Jasper 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 Jasper 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 nonpartisan general election held 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 Jasper County in office on January 1, 2012. The sitting judge of the probate court shall serve out

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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 Jasper 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 2012 session of the General Assembly of Georgia a bill to provide that future elections for the office of judge of the Probate Court of Jasper 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 Susan Holmes District 125
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 January 19, 2012, and that the notice requirements of Code Section 28-1-14 have been met.
s/ SUSAN HOLMES Susan Holmes Representative, District 125

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Sworn to and subscribed before me, this 23rd day of January 2012.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires Aug. 14, 2015 (SEAL)

Approved April 11, 2012.

__________

HENRY COUNTY COUNTY SURVEYOR; ABOLISH OFFICE.

No. 499 (House Bill No. 823).

AN ACT

To abolish the office of elected county surveyor of Henry County; to provide for the appointment of a county surveyor; to provide for contingent effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. (a) 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 Henry County is abolished. (b) The Board of Commissioners of Henry County shall appoint a county surveyor. The county surveyor shall be appointed for an indefinite term and shall serve at the pleasure of the Board of Commissioners. A 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 effective upon its approval by the Governor or upon its becoming law without such approval, except as otherwise provided by subsection (b) of this section. (b) If there is an elected surveyor of Henry County holding office on the date this Act is approved by the Governor or becomes law without such approval, then this Act shall become effective upon the expiration of the current term of office of the surveyor.

GEORGIA LAWS 2012 SESSION
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

5049

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2012 session of the General Assembly of Georgia a bill to create an Act providing for the abolishment of the office of elected County Surveyor of Henry County; and provide for the appointment of a County Surveyor of Henry County; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.

Elizabeth (B.J.) Mathis, Chairman Henry County Board of Commissioners

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Andy Welch, who on oath deposes and says that he is the Representative from District 110 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Henry Daily Herald which is the official organ of Henry County on January 20, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

s/ ANDY WELCH Andy Welch Representative, District 110

Sworn to and subscribed before me, this 23rd day of January 2012.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires Aug. 14, 2015 (SEAL)

Approved April 11, 2012.

__________

5050

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

LOWER CHATTAHOOCHEE REGIONAL AIRPORT AUTHORITY REMOVE CLAY COUNTY AND QUITMAN COUNTY FROM MEMBERSHIP.

No. 500 (House Bill No. 903).

AN ACT

To amend an Act to create the Lower Chattahoochee Regional Airport Authority, approved May 5, 2006 (Ga. L. 2006, p. 4422), as amended, particularly by an Act approved May 28, 2010 (Ga. L. 2010, p. 3570), so as to remove Clay County and Quitman County from membership in such authority; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to create the Lower Chattahoochee Regional Airport Authority, approved May 5, 2006 (Ga. L. 2006, p. 4422), as amended, particularly by an Act approved May 28, 2010 (Ga. L. 2010, p. 3570), is amended by revising Section 2 as follows:

"SECTION 2. Legislative findings.

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

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

"SECTION 3. Lower Chattahoochee Regional Airport Authority.

(a) There is created a body corporate and politic, to be known as the 'Lower Chattahoochee Regional Airport Authority,' which shall be deemed to be a political subdivision of the State of Georgia and a public corporation and by that name, style, and title said body may

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5051

contract and be contracted with, sue and be sued, implead and be impleaded, and bring and defend actions in all courts. The authority shall have perpetual existence. (b) The authority shall consist of five members who shall be residents of Randolph County appointed by the governing authority of Randolph County for terms of office of four years each. 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 of Randolph County, with or without cause. Any member of the authority may be selected and appointed to succeed himself or herself. After such appointment, the members of such authority shall enter upon their duties. Any vacancy on the authority shall be filled in the same manner as was the original appointment of the member whose term of membership resulted in such vacancy and the person so selected and appointed shall serve for the remainder of the unexpired term. The members of the authority shall be reimbursed for all actual expenses incurred in the performance of their duties out of funds of the authority. The authority shall make rules and regulations for its own government. It shall have perpetual existence. (c) To be eligible for appointment as a member of the authority, a person shall satisfy the requirements of Code Section 45-2-1 of the O.C.G.A. (d) The members of the authority shall in April of each year elect one of their number as chairperson. Also, the members of the authority shall elect one of their number as vice chairperson, shall also elect one of their number as secretary, and may also elect one of their number as treasurer. The secretary may also serve as treasurer. Each of such officers shall serve for a period of one year and until their successors are duly elected and qualified. The chairperson of the authority shall be entitled to vote upon any issue, motion, or resolution. (e) A majority of the members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the authority. (f) A vacancy on the authority shall exist in the office of any member of the authority who is convicted of a felony or who enters a plea of nolo contendere thereto; who is convicted of a crime involving moral turpitude or who enters a plea of nolo contendere thereto; who moves such person's residence from Randolph County; who is convicted of any act of misfeasance, malfeasance, or nonfeasance of such person's duties as a member of the authority; or who fails to attend any regular or special meeting of the authority for a period of three months without an excuse approved by a resolution of the authority. (g) All meetings of the authority, regular or special, shall be open to the public. The authority may hold public hearings on its own initiative or at the request of residents of Randolph County or residents of any area affected by the actions of the authority. (h) No member or employee of the authority shall have, directly or indirectly, any financial interest, profit, or benefit in any contract, work, or business of the authority nor in the sale, lease, or purchase of any property to or from the authority."

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 3. Said Act is further amended by revising paragraph (1) of subsection (a) of Section 4 as follows:
"(1) 'Airport' means any area of land or structure which is or has been used or which the authority may plan to use for the landing and taking off of commercial, private, and military aircraft, including helicopters; all buildings, equipment, facilities, or other property and improvements of any kind or nature located within the bounds of any such land area or structure which are or have been used or which the authority may plan to use for terminal facilities; all facilities of any type for the accommodation of passengers, maintenance, servicing, and operation of aircraft, business offices and facilities of private businesses and governmental agencies, and the parking of automobiles; and all other activities which are or have been carried on or which may be necessary or convenient in conjunction with the landing and taking off of commercial, private, and military aircraft including all land originally acquired by Randolph County for the establishment of an airport, and any land to be deeded to Randolph County for airport use, including, without limitation, aviation easements, and other real or personal property."

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

"SECTION 15. Credit not pledged.

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

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

"SECTION 28. Tort immunity.

The authority shall have the same immunity and exemption from liability for torts and negligence as Randolph County; and the officers, agents, and employees of the authority, when in the performance of the work of the authority, shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of

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Randolph County as when in the performance of their public duties or work of such county."

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

"SECTION 30. Effect on other governments.

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

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2012 session of the General Assembly of Georgia a bill to amend an Act to create the Lower Chattahoochee Regional Airport Authority, approved May 5, 2006 (Ga. L. 2006, p. 4422), as amended, particularly by an Act approved May 28, 2010 (Ga. L. 2010, p.3570); and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald Greene, who on oath deposes and says that he is the Representative from District 149 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Cuthbert Southern Tribune which is the official organ of Clay County on January 5, 2012, and that the notice requirements of Code Section 28-1-14 have been met.
s/ GERALD GREENE Gerald Greene Representative, District 149

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Sworn to and subscribed before me, this 24th day of January 2012.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2015 (SEAL)

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2012 session of the General Assembly of Georgia a bill to amend an Act to create the Lower Chattahoochee Regional Airport Authority, approved May 5, 2006 (Ga. L. 2006, p. 4422), as amended, particularly by an Act approved May 28, 2010 (Ga. L. 2010, p.3570); and for other purposes.

GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald Greene, who on oath deposes and says that he is the Representative from District 149 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Eufaula Tribune which is the official organ of Quitman County on January 29, 2012, 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 30th day of January 2012.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2015 (SEAL)

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Notice is given that there will be introduced at the regular 2012 session of the General Assembly of Georgia a bill to amend an Act to create the Lower Chattahoochee Regional Airport Authority, approved May 5, 2006 (Ga. L. 2006, p. 4422), as amended, particularly by an Act approved May 28, 2010 (Ga. L. 2010, p.3570); and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald Greene, who on oath deposes and says that he is the Representative from District 149 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Cuthbert Southern Tribune which is the official organ of Randolph County on January 5, 2012, 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 24th day of January 2012.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2015 (SEAL)

Approved April 11, 2012.

__________

MONROE COUNTY JUDGE OF PROBATE COURT; NONPARTISAN ELECTIONS.

No. 501 (House Bill No. 904).

AN ACT

To provide that future elections for the office of judge of the Probate Court of Monroe County shall be nonpartisan elections; to provide for submission of this Act for preclearance

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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 Monroe 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 nonpartisan 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 Monroe 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 Monroe 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 2012 session of the General Assembly of Georgia a bill to provide that future elections for the office of judge of the Probate Court of Monroe 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 Robert Dickey District 136

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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 r136 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 January 18, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

s/ ROBERT DICKEY Robert Dickey Representative, District r136

Sworn to and subscribed before me, this 3rd day of February 2012.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2015 (SEAL)

Approved April 11, 2012.

__________

CITY OF DORAVILLE MAYOR AND COUNCIL; FILLING VACANCIES.

No. 503 (House Bill No. 1019).

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 for the filling of vacancies in the offices of mayor and councilmember; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. An Act 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 2.05 as follows:
"Section 2.05. Vacancy in the office of Mayor or Councilmember.

(a) Be it further enacted, that a vacancy shall exist if the Mayor or a councilmember resigns, dies, moves his or her residence from the City, or is absent from four consecutive regular meetings of the governing authority, except if granted a leave of absence by the Council, which leave shall be entered upon the minute books; or if he or she is adjudged incompetent or is convicted of malfeasance in office, or of a felony, or any violation of election laws. (b) If less than six months remain in the unexpired term of the vacated council seat, that seat shall remain open until it expires. If more than six months remain in the unexpired term of the vacated council seat, the vacated seat shall be filled by the next available special election ballot, so long as the appropriate statutory and reasonable period of time remains between the vacating of the council seat and the conducting of the special election, including the appropriate qualifying period and proper call of the election. If no such appropriate time period is available until the next special election and the following appropriate date of a special election is less than six months prior to the expiration of the term of the vacated council seat, that seat may remain open until it expires. (c) At no time shall there be more than one councilmember vacancy; and, if a second vacancy occurs on the council, a special election shall be held within a period of 90 days after the second vacancy occurs pursuant to a call of a special election as provided by this charter for both vacancies, so long as the appropriate statutory and reasonable period of time remains between the vacating of the council seat and the conducting of the special election, including the appropriate qualifying period and proper call of the election. If no such appropriate time period is available within 90 days, the special election for said seats shall be conducted at the next available special or general election date. (d) In the event a vacancy should occur in the office of the Mayor, a special election shall be called and held in the manner prescribed by Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code,' as it now exists or may hereafter be amended."

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

GEORGIA LAWS 2012 SESSION NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

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Notice is given that there will be introduced at the regular 2012 session of the General Assembly of Georgia a bill 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.2145), as amended, so as to provide for the filling of vacancies in the offices of mayor and councilmember; to repeal conflicting laws; 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 2, 2012, 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 6th day of February 2012.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires Aug. 14, 2015 (SEAL)

Approved April 11, 2012.

__________

DEKALB COUNTY STATE COURT; FEES.

No. 504 (House Bill No. 1025).

AN ACT

To amend an Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County, approved February 14, 1951 (Ga. L. 1951, p. 2401),

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as amended, particularly by an Act approved May 28, 2010 (Ga. L. 2010, p. 3677), so as to change certain fees; to provide for certain fees; to provide for related matters; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County, approved February 14, 1951 (Ga. L. 1951, p. 2401), as amended, particularly by an Act approved May 28, 2010 (Ga. L. 2010, p. 3677), is amended by revising Section 11B and substituting in lieu thereof a new Section 11B to read as follows:

"SECTION 11B. Each party filing a suit or proceeding of any character in the state court, for the services rendered by the clerk, shall deposit with the clerk of said court, except as provided for in this section, the costs, which includes the first judgment, fi. fa., and recording of same, for all suits or proceedings of any character, irrespective of how they shall be terminated, which shall be $65.00, plus all applicable fees. The sums provided in this section are exclusive of cost for service of process or other additional sums as may be provided by law. Cost for filing dispossessory and distress warrants shall be $57.00, plus all applicable fees, plus $10.00 for each defendant more than one which includes service. Each time a case is checked or continued and is stipulated back to the trial calendar, there shall be a fee of $10.00 as a stipulation fee, and the same shall be charged as part of the cost. Each time the case is stipulated to the calendar, said $10.00 is to accompany the letter of stipulation and in addition thereto shall be a certificate of service attached to said letter notifying the opposing party or the attorney of record. In addition to the foregoing costs, the clerk of said court shall charge and collect costs as follows:
For filing and docketing each third-party complaint. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $10.00
For filing all motions subsequent to any complaint in any case. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.00
For filing and docketing scire facias each defendant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00
For verdict rendered more than one and docketing same. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.00
For each judgment more than one and docketing same. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.00
For affidavit to obtain alias fi fa and issuing same. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.00
For affidavit where no cause is pending.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.00

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For certified copy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . For taking and approving supersedeas bond. . . . . . . . . . . . . . . . . . . . . . . . . . . . For answering each writ of certiorari. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . For filing and docketing each appeal, civil or
criminal, and such fee shall be paid at the time of filing the notice of appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . For preparation of record and transcript to the Supreme Court and Court of Appeals, per page. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Where a transcript of the evidence and proceedings is filed with the clerk and does not require recopying, the clerk shall not receive the fee herein prescribed with respect to such transcript but shall receive, for filing and transmission of such transcript, a fee of. . . . . . . . . . . . . . . . . . . . . . . . . . . For entering judgment or remittitur from Supreme Court or Court of Appeals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . For certification or exemplification of record, including certificates and seals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . For clerks certificate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . For court seal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . For issuing subpoena, signed and sealed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . For filing and docketing each writ of possession. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . For filing and docketing each additional summons of garnishment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . For filing and docketing each traverse to answer of garnishment.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . For preparing Department of Public Safety Letter. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . For providing uncertified computer or photocopies of documents, per page. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . For uncertified copies, if transmitted telephonically or electronically, first page. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . For each page, after the first.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.00 5.00 3.00
25.00
1.50
5.00 3.00 5.00 1.00 1.00 1.00 10.00 10.00 10.00 3.00
.50 2.50 1.00

MARSHAL

To provide for the services of the marshal, the following fees shall be charged: For serving copy of process or other pleading and
returning original, per copy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $35.00

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For serving action from another county, including second original.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35.00
For backing order. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13.00 For serving subpoena. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35.00 For each levy or writ of fieri facias. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35.00 For settling fi fa before sale of property.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13.00 For search and return of nulla bona. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.00 For serving summons of garnishment or
plaintiffs traverse of garnishee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35.00 For each arrest in civil cases.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35.00 For taking and approving bond in any civil case,
including forthcoming bond. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13.00 Commission on sales of property: On sums of $50.00 or less. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8% On excess above $50.00 up to $550.00. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6% For all sums exceeding $550.00, on excess. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3%
No commission shall be charged unless property is actually sold. For removing or storing or removing and storing property and
keeping and feeding animals, the cost shall be actual expense incurred. For making out and executing titles to land. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25.00
If presented by purchaser.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13.00 For executing bill of sale to personal property, when
demanded by purchaser. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13.00 For dispossessing tenant or intruder.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75.00 Provided, however, that the cost for serving any paper or proceeding not provided for in this Act shall be $35.00. All costs provided for under this section shall be paid to the clerk's office at the time of filing."

SECTION 2. This Act shall become effective on July 1, 2012, and shall apply to requests for services made on or after such date.

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 2012 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of DeKalb County,

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formerly known as the Civil and Criminal Court of DeKalb County, approved February 14, 1951 (Ga. L. 1951, p. 2401), as amended, particularly by an Act approved May 28, 2010 (Ga. L. 2010, p. 3677), so as to change certain fees; to provide for certain fees; to provide for related matters; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes.

Representative Mary Oliver District 83

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mary Margaret Oliver, who on oath deposes and says that she is the Representative from District 83 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Champion which is the official organ of DeKalb County on February 9, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

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

Sworn to and subscribed before me, this 15th day of February 2012.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires Aug. 14, 2015 (SEAL)

Approved April 11, 2012.

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GREENE COUNTY BOARD OF EDUCATION; CHAIRPERSON AND MEMBERS OF THE BOARD; COMPENSATION.

No. 505 (House Bill No. 1031).

AN ACT

To amend an Act providing for the board of education of Greene County, approved March 12, 1986 (Ga. L. 1986, p. 3696), as amended, particularly by an Act approved May 10, 2005 (Ga. L. 2005, p. 4089), so as to change the compensation for the chairperson and members of the 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 providing for the board of education of Greene County, approved March 12, 1986 (Ga. L. 1986, p. 3696), as amended, particularly by an Act approved May 10, 2005 (Ga. L. 2005, p. 4089), is amended by revising Section 4 as follows:

"SECTION 4. The members of the board of education shall be compensated in the amount of $465.00 per month. The chairperson of the board shall be compensated in the amount of $515.00 per month. The chairperson and members of the board shall be reimbursed, according to state guidelines, for all necessary expenses incurred in attending any out-of-county meeting or in making any trips on official business for the school system when so authorized by the board. Such compensation of the chairperson and members of the board shall be paid only from the tax funds available to such board for educational purposes."

SECTION 2. This Act shall become effective on July 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 2012 session of the General Assembly of Georgia a bill to amend an Act providing for the board of education of Greene County, approved March 12, 1986 (Ga. L. 1986, p. 3696), as amended, particularly by an Act

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approved May 10, 2005 (Ga. L. 2005, p. 4089), so as to change the compensation for the chairperson and members of the board; to provide for related matters; to provide an effective date; and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mickey Channell, who on oath deposes and says that he is the Representative from District 116 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Herald Journal which is the official organ of Greene County on February 2, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

s/ MICKEY CHANNELL Mickey Channell Representative, District 116

Sworn to and subscribed before me, this 15th day of February 2012.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2015 (SEAL)

Approved April 11, 2012.

__________

TROUP COUNTY TROUP COUNTY AIRPORT AUTHORITY; MEMBERSHIP.

No. 506 (House Bill No. 1063).

AN ACT

To amend an Act entitled "An Act to create and establish the Troup County Airport Authority," approved March 23, 1977 (Ga. L. 1977, p. 3387), 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:

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SECTION 1. An Act entitled "An Act to create and establish the Troup County Airport Authority," approved March 23, 1977 (Ga. L. 1977, p. 3387), is amended by revising Section 6 as follows:

"SECTION 6. Members of Authority and Terms of Office.

On and after July 1, 2012, the Authority shall be composed of seven members, each of whom shall be a resident of the county. The board of commissioners of the county shall appoint three of the members; the governing body of the City of LaGrange, Georgia, shall appoint two of the members; the governing body of the City of West Point, Georgia, shall appoint one of the members; and the governing body of the City of Hogansville, Georgia, shall appoint one of the members. The members initially appointed by the board of commissioners of the county shall serve for five years; the members initially appointed by the governing body of the City of LaGrange shall serve for four years; the members initially appointed by the governing body of the City of West Point shall serve for three years; and the members initially appointed by the governing body of the City of Hogansville shall serve for two years. Thereafter, the members shall be appointed by the respective appointing authorities to terms of five years. Members shall serve until their respective successors are appointed and qualified. The terms of the members serving on June 30, 2012, shall end on July 1, 2012; provided, however, that such members may be reappointed as provided in this section.

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 2012 session of the Georgia General Assembly of Georgia a bill to amend an Act creating the Troup County Airport Authority, approved March 23, 1977 (Ga. L. 1977, p. 3387); and for other purposes.
This 31st day of January, 2012.
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

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Local Legislation was published in the LaGrange Daily News which is the official organ of Troup County on January 31, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

s/ CARL VON EPPS Carl Von Epps Representative, District 128

Sworn to and subscribed before me, this 16th day of February 2012.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires Aug. 14, 2015 (SEAL)

Approved April 11, 2012.

__________

BRANTLEY COUNTY HOMESTEAD EXEMPTION; SCHOOL TAXES; SENIOR CITIZENS; REFERENDUM.

No. 507 (House Bill No. 1070).

AN ACT

To provide a homestead exemption from Brantley County school district ad valorem taxes for educational purposes in the amount of $15,000.00 of the assessed value of the homestead for residents of that school district who are 65 years of age or older and whose income does not exceed $30,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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

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including, but not limited to, any ad valorem taxes to pay interest on and to retire county school district bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended, with the additional qualification that it shall include not more than five contiguous acres of homestead property. (3) "Income" means federal adjusted gross income determined pursuant to the Internal Revenue Code of 1986, as amended, for federal income tax purposes. (4) "Senior citizen" means a person who is 65 years of age or older on or before January 1 of the year in which application for the exemption under subsection (b) of this section is made. (b) Each resident of the Brantley County school district who is a senior citizen is granted an exemption on that person's homestead from Brantley County school district ad valorem taxes for educational purposes in the amount of $15,000.00 of the assessed value of that homestead. The exemption under this subsection shall only be granted if that person's income, together with the income of the spouse who also occupies and resides at such homestead, does not exceed $30,000.00 for the immediately preceding year. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless such person or person's agent files an application with the tax commissioner of Brantley County, giving such person's age, income, and such additional information relative to receiving such exemption as will enable the tax commissioner of Brantley County to make a determination regarding the initial and continuing eligibility of such person for such exemption. The tax commissioner of Brantley County shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year as long as the person granted the homestead exemption under subsection (b) of this section occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the tax commissioner of Brantley County in the event that person for any reason becomes ineligible for such exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect any state ad valorem taxes, county ad valorem taxes for county purposes, municipal ad valorem taxes for municipal purposes, or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to Brantley County school district ad valorem taxes for educational purposes. (f) The exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other applicable homestead exemption.

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(g) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2013.

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

"( ) YES ( ) NO

Shall the Act be approved which provides a homestead exemption from Brantley County school district ad valorem taxes for educational purposes in the amount of $15,000.00 of the assessed value of the homestead for residents of that school district who are 65 years of age or older and whose income does not exceed $30,000.00?"

All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect on January 1, 2013. 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 Brantley 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 2012 session of the General Assembly of Georgia a bill to provide a homestead exemption from Brantley County school district ad valorem taxes for educational purposes in the amount of $15,000.00 of the

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assessed value of the homestead for residents of that school district who are 65 years of age or older and whose income does not exceed $30,000.00; 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; and for other purposes.

Representative Chad Nimmer District 178 2/9 119

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Chad Nimmer, who on oath deposes and says that he is the Representative from District 178 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Brantley Express which is the official organ of Brantley County on February 9, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

s/ CHAD NIMMER Chad Nimmer Representative, District 178

Sworn to and subscribed before me, this 15th day of February 2012.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires Aug. 14, 2015 (SEAL)

Approved April 11, 2012.

__________

GEORGIA LAWS 2012 SESSION
PIKE COUNTY HOMESTEAD EXEMPTION; SCHOOL TAXES; SENIOR CITIZENS; REFERENDUM.

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No. 508 (House Bill No. 1091).

AN ACT

To amend an Act providing for a homestead exemption from Pike County School District ad valorem taxation for certain residents, approved April 4, 1991 (Ga. Laws 1991, p. 3695), so as to increase the amount of the exemption from school district taxes for residents who are 65 and older; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act providing for a homestead exemption from Pike County School District ad valorem taxation for certain residents, approved April 4, 1991 (Ga. Laws 1991, p. 3695), is amended by revising Section 1 as follows:

"SECTION 1 (a) For persons age 62 through 64. The homestead, but not to exceed $12,000.00 of the value thereof, of each resident of the Pike County School District who is age 62 through 64 and who does not have an income from all sources, including the income from all sources of all members of the family residing within said homestead, exceeding $12,000.00 per annum, shall be exempt from all ad valorem taxation for educational purposes levied for and on behalf of such school system, including taxes to retire school bond indebtedness. The exemption provided for in this subsection shall apply to all taxable years beginning after December 31, 1992. (b) For persons 65 years of age or older. The homestead, but not to exceed $27,000.00 of the value thereof, of each resident of the Pike County School District who is 65 years of age or older and who does not have an income from all sources, including the income from all sources of all members of the family residing within said homestead, exceeding $27,000.00 per annum, shall be exempt from all ad valorem taxation for educational purposes levied for and on behalf of such school system, including taxes to retire school bond indebtedness. The exemption provided for in this subsection shall apply to all taxable years beginning after December 31, 2012. (c) Process for claiming an exemption. No exemption provided for by this Section shall be granted unless an affidavit of the owner of the homestead is filed with the tax commissioner of Pike County giving the owner's age, the amount of income which he or she received for the immediately preceding calendar year, the income which the members

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of his or her family residing within the homestead received for such period, and such other additional information relative to receiving the benefits of an exemption granted by this section as will enable the tax commissioner to make a determination as to whether such owner is entitled to said exemption. The tax commissioner shall provide affidavit forms for this purpose. An exemption granted to the homestead within this section shall extend to and shall apply to those properties, the legal title to which is vested in one or more titleholders, if actually occupied by one or more such owners as a residence, and one or more such titleholders possesses the qualifications provided for in this section. In such instances, such exemptions shall be granted to such properties, if claimed in the manner provided in this section by one or more of the owners actually residing on such property. Such exemptions shall also extend to those homesteads, the title to which is vested in an administrator, executor, or trustee, if one or more of the heirs or cestuis que use residing on such property shall possess the qualification provided for in this section and shall claim the exemptions granted by this section in the manner provided in this section. It shall be the duty of any person who claims an exemption under this section to notify the tax commissioner in the event such person becomes ineligible for the exemption granted by this section."

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Pike County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Pike County School District for approval or rejection. The election superintendent shall conduct that election on the date of the November, 2012, general election, and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Pike County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act be approved which increases the amount of the homestead exemption from Pike County School District ad valorem taxation from $12,000.00 to $27,000.00 for certain residents who are 65 and older whose gross income does not exceed $27,000.00?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Sections 1 of this Act shall become of full force and effect on December 31, 2012. If the Act is not so approved or if the election is not conducted as provided in this section, this Act shall not become effective, and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Pike County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

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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 2012 session of the General Assembly of Georgia a bill to amend an Act providing for a homestead exemption from Pike County School District ad valorem taxation for certain residents, approved April 4, 1991 (Ga. Laws 1991, p. 3695), so as to increase the amount of the exemption from school district taxes for residents who are 65 and older; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
/s/Billy Maddox Representative, District 127
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Billy Maddox, who on oath deposes and says that he is the Representative from District 127 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Pike County Journal-Reporter which is the official organ of Pike County on February 8, 2012, and that the notice requirements of Code Section 28-1-14 have been met.
s/ BILLY MADDOX Billy Maddox Representative, District 127
Sworn to and subscribed before me, this 17th day of February 2012.
s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires Aug. 14, 2015 (SEAL)

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Approved April 11, 2012.

__________

CITY OF STILLMORE MAYOR AND COUNCIL; STAGGERED TERMS; MANNER OF ELECTION; APPOINTMENT OF CITY ATTORNEY AND CITY CLERK; DUTIES OF MAYOR AND COUNCIL; MUNICIPAL COURT FINES; ELECTIONS.

No. 509 (House Bill No. 1092).

AN ACT

To amend an Act to provide a new charter for the City of Stillmore, approved April 10, 1998 (Ga. L. 1998, p. 4316), so as to provide for staggered terms for members of the city council; to provide for the manner of election; to provide that the mayor and council shall appoint the city attorney and city clerk; to revise the duties of the mayor and council; to revise the amount of fines that may be imposed by the municipal court; to provide for the applicability of Chapter 2 of Title 21 of the O.C.G.A. to municipal elections; 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 Stillmore, approved April 10, 1998 (Ga. L. 1998, p. 4316), is amended by revising Section 2.11 as follows:

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

Except as otherwise provided in Section 5.11 of this charter, the members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the city for 12 months prior to the date of the election of 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. Said Act is further amended by revising Section 2.28 as follows:

GEORGIA LAWS 2012 SESSION
"SECTION 2.28. Powers and duties of mayor.

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As the chief executive of this city, the mayor shall: (1) See that all laws and ordinances of the city are faithfully executed; (2) Reserved; (3) Exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities; (4) Prepare and submit to the councilmembers a recommended operating budget and capital budget; (5) Submit to the councilmembers at least once a year a statement covering the financial conditions of the city and from time to time such other information as the councilmembers may request; (6) Recommend to the councilmembers such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of the inhabitants as the mayor may deem expedient; (7) Call special meetings of the councilmembers as provided for in subsection (b) of Section 2.18 of this charter; (8) Approve or disapprove ordinances as provided in Section 2.20 of this charter; (9) Provide for an annual audit of all accounts of the city; (10) Require any department or agency of the city to submit written reports whenever the mayor deems it expedient; (11) Perform such other duties as may be required by law, this charter, or ordinance; (12) Participate in the discussion of all matters brought before the councilmembers; and (13) 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."

SECTION 3. Said Act is further amended by revising Section 3.12 as follows:

"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 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."

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SECTION 4. Said Act is further amended by revising Section 3.13 as follows:

"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 5. Said Act is further amended by revising subsection (c) of Section 4.13 as follows:
"(c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $5,000.00 or imprisonment for not more than 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."

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. Regular elections; time for holding. (a) The mayor and members of the city council in office on the effective date of this section shall serve out the terms to which they were elected and until their respective successors are elected and qualified. (b) On the effective date of this section, Kym Bowman shall be deemed to be holding Council Post 1, Frances Creech shall be deemed to be holding Council Post 2, Eddie Dean Allen shall be deemed to be holding Council Post 3, and Brad Daughtry shall be deemed to be holding Council Post 4. (c) On the Tuesday following the first Monday in November, 2015, an election shall be held for Council Posts 1 and 2. The persons elected in such election shall take office on

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January 1 immediately following such election and shall serve for terms of office of two years and until their respective successors are elected and qualified. Thereafter, successors to such officeholders shall be elected in the November election immediately preceding the end of their terms of office and such successors shall take office on January 1 immediately following such November election for terms of office of four years and until their respective successors are elected and qualified. (d) On the Tuesday following the first Monday in November, 2015, an election shall be held for mayor and Council Posts 3 and 4. The persons elected in such election shall take office on January 1 immediately following such election and shall serve for terms of office of four years and until their respective successors are elected and qualified. Thereafter, successors to such officeholders shall be elected in the November election immediately preceding the end of their terms of office and such successors shall take office on January 1 immediately following such November election for terms of office of four years and until their respective successors are elected and qualified."

SECTION 8. Said Act is further amended by revising Section 5.14 as follows:

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
A BILL TO BE ENTITLED AN ACT To amend an Act to provide a new charter for the City of Stillmore, approved April 10, 1998 (Ga. L. 1998, p. 4316), so as to provide for staggered terms for members of the city council; to provide for the manner of election; to provide that the mayor and council shall appoint the

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city attorney and city clerk; to revise the duties of the mayor and council; to revise the amount of fines that may be imposed by the municipal court; to provide for the applicability of Chapter 2 of Title 21 of the O.C.G.A. to municipal elections; 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 Stillmore, approved April 10, 1998 (Ga. L. 1998, p. 4316), is amended by revising Section 2.11 as follows: SECTION 2.11. City councilmembers; terms and qualifications for office. Except as otherwise provided in Section 5.11 of this charter, the members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the city for 12 months prior to the date of the election of 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. Said Act is further amended by revising Section 2.28 as follows: SECTION 2.28. 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) Reserved; (3) Exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities; (4) Prepare and submit to the councilmembers a recommended operating budget and capital budget; (5) Submit to the councilmembers at least once a year a statement covering the financial conditions of the city and from time to time such other information as the councilmembers may request; (6) Recommend to the councilmembers such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of the inhabitants as the mayor may deem expedient; (7) Call special meetings of the councilmembers as provided for in subsection (b) of Section 2.18 of this charter; (8) Approve or disapprove ordinances as provided in Section 2.20 of this charter; (9) Provide for an annual audit of all accounts of the city; (10) Require any department or agency of the city to submit written reports whenever the mayor deems it expedient; (11) Perform such other duties as may be required by law, this charter, or ordinance;

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(12) Participate in the discussion of all matters brought before the councilmembers; and (13) 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.? SECTION 3. Said Act is further amended by revising Section 3.12 as follows: 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 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 4. Said Act is further amended by revising Section 3.13 as follows: 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 5. Said Act is further amended by revising subsection (c) of Section 4.13 as follows: (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $5,000.00 or imprisonment for not more than 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.? 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. Regular elections; time for holding.

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(a) The mayor and members of the city council in office on the effective date of this section shall serve out the terms to which they were elected and until their respective successors are elected and qualified. (b) On the effective date of this section, Kym Bowman shall be deemed to be holding Council Post 1, Frances Creech shall be deemed to be holding Council Post 2, Eddie Dean Allen shall be deemed to be holding Council Post 3, and Brad Daughtry shall be deemed to be holding Council Post 4. (c) On the Tuesday following the first Monday in November, 2015, an election shall be held for Council Posts 1 and 2. The persons elected in such election shall take office on January 1 immediately following such election and shall serve for terms of office of two years and until their respective successors are elected and qualified. Thereafter, successors to such officeholders shall be elected in the November election immediately preceding the end of their terms of office and such successors shall take office on January 1 immediately following such November election for terms of office of four years and until their respective successors are elected and qualified. (d) On the Tuesday following the first Monday in November, 2015, an election shall be held for mayor and Council Posts 3 and 4. The persons elected in such election shall take office on January 1 immediately following such election and shall serve for terms of office of four years and until their respective successors are elected and qualified. Thereafter, successors to such officeholders shall be elected in the November election immediately preceding the end of their terms of office and such successors shall take office on January 1 immediately following such November election for terms of office of four years and until their respective successors are elected and qualified.? SECTION 8. Said Act is further amended by revising Section 5.14 as follows: 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 9. All laws and parts of laws in conflict with this Act are repealed.

GEORGIA LAWS 2012 SESSION
Brent C. Carter CarterFranklin, LLP P.O. Box 27 Metter, Georgia 30439 City of Stillmore, City Attorney

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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 December 11, 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 14th day of February 2012.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2015 (SEAL)

Approved April 11, 2012.

__________

CITY OF EMERSON COMMUNITY IMPROVEMENT DISTRICTS; CREATION.

No. 510 (House Bill No. 1097).

AN ACT

To provide for the creation of one or more community improvement districts in the City of Emerson; 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 taxes, fees, and assessments; to provide

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for the boundaries of said districts; to provide procedures for the determination of the specifications for projects to be undertaken by the district and the manner of levying taxes, fees, and assessments with respect thereto; 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, and specification of interest rates in notice to the district attorney or the Attorney General and in notice of validation hearings; to provide for definition of the terms "cost of the project" and "cost of any project" as used in bond resolutions and elsewhere; to provide for authorized contents of agreements and instruments of the boards generally; to provide for use of proceeds of sale of bonds, notes, and other instruments; to provide for subsequent issues of bonds, notes, and other instruments; to provide for construction; to provide that Chapter 5 of Title 10 of the O.C.G.A., the "Georgia Uniform Securities Act of 2008," shall not apply to the offer, sale, or issuance of the bonds, notes, or other obligations; to provide that no notice, proceeding, publication, or referendum shall be required; to provide the procedures connected with all of the foregoing; to provide for the termination of districts under certain conditions; to provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Short title.

This Act shall be known and may be cited as the "City of Emerson 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 the City of Emerson, 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 under this Act or any supplemental resolution amending same:
(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;

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(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 in this Act, 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 authorized by this Act. (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 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 interest and other financing charges and loan fees and all interest on bonds, notes, or other obligations of a district which accrue or are paid prior to and during the period of construction of a project and during such additional period as the board may reasonably determine to be necessary to place such project in operation; (D) All costs of engineering, surveying, 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;

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(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 consenting to the creation of the community improvement district or as thereafter modified by any subsequent resolution of the governing body within which the district is or is to be located, or a body corporate and politic being a community improvement district created and activated pursuant hereto, as the context requires or permits. (7) "Electors" means the owners of real property used nonresidentially within the district which is then subject to taxes, fees, and assessments levied by the board, as they appear on the most recent ad valorem real property tax return records of Bartow 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 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

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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 Bartow 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 benefits 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 benefits which may reasonably be expected to accrue to new land development in contrast to lands and improvements already in existence at the time of creation of the community improvement district. (9) "Forestry" means the planting and growing of trees for sale in a program which includes reforestation of harvested trees, regular underbrush and undesirable growth clearing, fertilizing, pruning, thinning, cruising, and marking which indicate an active tree-farming operation; it does not include the casual growing of trees on land otherwise idle or held for investment, even though some harvesting of trees may occur thereon. (10) "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 so long as the project is described in the project specifications for the district. (11) "Project specifications" means a description of the project or projects to be undertaken by the district. The project specifications shall include the rates for taxes, fees, and assessments that the district may levy. The project specifications may also include as a matter of election any or all of the following:
(A) The maximum amounts that may be raised for any annual period by taxes, fees, and assessments; (B) The maximum period of time during which such taxes, fees, and assessments may be levied; and (C) A method for the equitable apportionment of such taxes, fees, and assessments.

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(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 Bartow County within the district as certified by the Bartow County Tax 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 which does not include residential. (14) "Residential" means a specific work or improvement undertaken primarily to provide single-family or multifamily dwelling accommodations for persons and families and such community facilities as may be incidental or appurtenant thereto. (15) "Taxpayer" means any entity or person paying ad valorem taxes on real property, whether on one or more parcels of property within the district. Multiple owners of one parcel shall constitute one taxpayer and shall designate in writing one of their number to represent the whole.

SECTION 4. Creation.

(a) Pursuant to Article IX, Section VII of the Constitution of the State of Georgia, there is created one or more community improvement districts to be located in the City of Emerson, wholly within the incorporated 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 delivery of a petition by any taxpayer containing the project specifications for the proposed district to the governing body of the City of Emerson; (2) The adoption of a resolution consenting to the creation of each community improvement district by the governing body of the City of Emerson which states that the district is created pursuant to this Act and to the project specifications; (3) Written consent to the creation of the community improvement district and the project specifications 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 and for this purpose value shall be determined by the most recent approved county ad valorem tax digest; and

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(4) If the proposed district is to lie in an area wholly or partially coexistent with one or more community improvement districts, then the board of the newly created district and the board of the preexisting district or districts shall have entered into a cooperative agreement whereby the collection of taxes and the provision of services in the overlapping areas of such districts shall be specified. (b) The written consents provided for in paragraph (3) of subsection (a) of this section and the cooperative agreement, if required, provided for in paragraph (4) of subsection (a) of this section shall be submitted to the Bartow County Tax Commissioner, who shall certify whether paragraphs (3) and (4) of subsection (a), as applicable, have been satisfied with respect to each such proposed district. (c) No district or board created under this Act shall transact any business or exercise any powers under this Act until the foregoing conditions of this section 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. (d) The project specifications may be amended, changed, or expanded from time to time, but not so as to reduce taxes, fees, and assessments pledged to holders of bonds or other indebtedness of the district without such holders' written consent, by the adoption, certification, and filing of a resolution and consents as described in paragraphs (2) and (3) of subsection (a) of this section.

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 five members to be appointed and elected as provided in this section. Two board members shall be appointed by the governing body of the City of Emerson and the remaining board members shall be elected by the electors. The appointed board members shall serve at the pleasure of the governing body of the City of Emerson. The initial elected board members shall serve for terms of office as follows: one 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 of the City of Emerson. (b) The initial board members to be elected by the electors 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 provided for in this Act at such time and place within the district as the governing body of the City of Emerson shall designate after notice thereof shall have been given to said electors by publishing notice in the legal organ of Bartow County as provided in this Act and by contacting each elector by United States mail at the address indicated in the property tax rolls. The mayor of the City of Emerson or the mayor's designee shall convene the initial caucus of electors. Thereafter,

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there shall be conducted biennially, not later than 60 days following the last day for filing ad valorem real property tax returns in Bartow 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 such election shall be given to the electors by:
(1) Publishing notice thereof in the legal organ of Bartow 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. Such 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. Two 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. (e) Board members elected by the electors shall be electors within the district. If such 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 used nonresidentially, 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

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the aggregate assessed value of all such real property; provided, however, that no tax, fee, or assessment so levied shall exceed any lesser limitation designated in the project specifications and that no tax, fee, or assessment shall be levied beyond any time limitation designated as provided in the project specifications. 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 applicable 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 Bartow 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 Bartow County ad valorem taxes and may be enforced and collected in the same manner. The proceeds of taxes, fees, and assessments so levied, less a fee to cover the costs of collection of 1 percent thereof, but not more than $25,000.00 in any one calendar year, shall be transmitted by Bartow 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 provided for in subsection (a) of this section subsequent to the report of the assessed taxable values for the current calendar year and shall notify in writing the collecting governing body so it may include the levy on its 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 the 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 governing body of the City of Emerson and shall lie wholly within the incorporated area of the City of Emerson 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 into the district 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 into the district which constitutes at least 75 percent by value of all real property within the area

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sought to be annexed into 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; (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 body of the City of Emerson.

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 borrowing of money or the creation of debt by political subdivisions of the State of Georgia, and the 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, the City of Emerson, 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 body of the City of Emerson. If the parties to the cooperation agreement so agree, the cooperation agreement may provide that such private persons as are designated by the district perform the actual construction or improvement of the services and facilities provided by the district. The provisions of this section shall in no way limit the authority of the City of Emerson to provide services or facilities within the district; and the City of Emerson shall retain full and complete authority and control over any of its facilities located within its respective areas of any district. Such 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. 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 within the district.

SECTION 10. Powers.

(a) Each district and its board created pursuant to this Act shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this Act, including, without limiting the generality of the foregoing, the power:

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(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 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 any municipal corporation, county, or political subdivision of this state for the use by the district of any facilities or services of the state or any such state institution, municipal corporation, county, or political subdivision of this state, or for the use by any state institution or any municipal corporation, county, or political subdivision of the state

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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) The district shall have the power and is authorized, whenever bonds of the district have been validated as provided in this Act, to issue, from time to time, its notes in anticipation of the issuance of such bonds as validated and to renew, from time to time, any such notes by the issuance of new notes, whether the notes to be renewed have or have not matured. The district may issue notes only to provide funds which would otherwise be provided by the issuance of the bonds as validated. The notes may be authorized, sold, executed, and delivered in the same manner as bonds. As with its bonds, the district may sell such notes at public or private sale. Any resolution or resolutions authorizing notes of the district or any issue thereof may contain any provisions which the district is authorized to include in any resolution or resolutions authorizing bonds of the district or any issue thereof; and the district may include in any notes any terms, covenants, or conditions which it is authorized to include in any bonds. Validation of such bonds shall be a condition precedent to the issuance of the notes, but it shall not be required that such notes be judicially validated. Bond anticipation notes shall not be issued in an amount exceeding the par value of the bonds in anticipation of which they are to be issued; (12) To grant, mortgage, convey, assign, or pledge its property, revenues or taxes, fees, or assessments to be received as security for its bonds, notes, or other indebtedness and obligations; (13) To invest its funds, whether derived from the issuance of its bonds or otherwise, in such manner as it may deem prudent and appropriate, without further restriction; (14) 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 to this Act; (15) To receive and administer gifts, grants, and devises of money and property of any kind and to administer trusts; (16) 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; (17) 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; (18) To encourage and promote the improvement and development of the district and to make, contract for, or otherwise cause to be made long-range plans or proposals for the district in cooperation with the City of Emerson;

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(19) To adopt bylaws governing the conduct of business by the board, the election and duties of officers of the board, and other matters which the board determines to deal with in its bylaws; (20) To exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purposes of the district; and (21) To do all things necessary or convenient to carry out the powers conferred by this Act. (b) The powers enumerated in this section are cumulative of and in addition to those powers enumerated elsewhere in this Act; and no such power shall limit or restrict 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, subject to the power of the district to tax only in accordance with any limitations established by the project specifications. (b) All bonds, notes, and other obligations of any district shall be authorized by resolution of its board, adopted by a majority vote of the board members at a regular or special meeting. (c) Bonds, notes, or other obligations shall bear such date or dates, shall mature at such time or times 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. The provisions of any such resolution or resolutions shall be a contract with every holder of such bonds, notes, or other obligations, and the duties of the district, the board, and the officers of the district under any such resolution or resolutions shall be enforceable by any holder of such bonds, notes, or other obligations by mandamus or other appropriate action or proceeding at law or in equity. (d) The board shall have power from time to time and whenever it deems it expedient to refund any bonds by the issuance of new bonds, whether or not the bonds to be refunded have matured, and may issue bonds partly to refund bonds then outstanding and partly for any other purpose permitted by this Act. The refunding bonds may be exchanged for the bonds to be refunded, with such cash adjustments as may be agreed upon, or may be sold and the proceeds applied to the purchase or redemption of the bonds to be refunded.

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(e) There shall be no limitation upon the interest rates or any maximum interest rate or rates on any bonds, notes, or other obligations of 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 issued by a district shall be validated under and in accordance with Article 3 of Chapter 82 of Title 36 of the O.C.G.A., known as the "Revenue Bond Law," or in accordance with such other successor provision governing bond validation generally as may be provided by law. Bonds shall bear a certificate of validation. The signature of the clerk of the Superior Court of Bartow County shall be made on the certificate of validation of such bonds by facsimile or by manual execution, stating the date on which such bonds were validated, and such entry shall be original evidence of the fact of judgment and shall be received as original evidence in any court in this state. (h) In lieu of specifying the rate or rates of interest which such bonds are to bear, and the principal amount and maturities of such bonds, the notice to the district attorney or the Attorney General, the notice to the public of the time, place, and date of the validation hearing, and the petition and complaint for validation may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest, which may be fixed or may fluctuate or otherwise change from time to time, and that the principal amount will not exceed and the final maturity date will not be later than as specified in such notices and petition and complaint or may state that, in the event the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate, which may be fixed or may fluctuate or otherwise change from time to time, so specified; provided, however, that nothing in this 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 by this Act 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 of a district.

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SECTION 12. Authorized contents of agreements and instruments of the board generally; use of
proceeds of sale of bonds, notes, and other obligations; subsequent issues of bonds, notes, and other obligations.

(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 by this Act, all or part of the cost of any project, or for the purpose of refunding any bonds, notes, or other obligations issued in accordance with this Act. (c) Issuance by a board of one or more series of bonds, notes, or other obligations for one or more purposes shall not preclude it from issuing other bonds, notes, or 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
Uniform Securities Act of 2008"; 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 Uniform Securities Act of 2008." No notice, proceeding, or publication, except those required by this Act, shall be necessary to the performance of any act authorized by this Act, nor shall any such act be subject to referendum.

SECTION 14. Dissolution.

Any district activated under the provisions of this Act may be dissolved. So long as a district has no debt outstanding, the board of a district may terminate and dissolve the district as of a certain date, and on such date all property, rights, and obligations of the district shall devolve to the City of Emerson.

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SECTION 15. Severability.

In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part of this Act. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts of this Act would be declared or adjudged invalid or unconstitutional.

SECTION 16. Effective date.

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

SECTION 17. 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 2012 session of the General Assembly of Georgia a bill to provide for the creation of one or more community improvement districts in the City of Emerson; and for other purposes.
(s) 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 February 15, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

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s/ PAUL BATTLES Paul Battles Representative, District 15

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Sworn to and subscribed before me, this 15th day of February 2012.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires Aug. 14, 2015 (SEAL)

Approved April 11, 2012.

__________

BERRIEN COUNTY AIRPORT AUTHORITY; MEMBERSHIP; TERMS OF OFFICE; QUORUM.

No. 511 (House Bill No. 1100).

AN ACT

To amend an Act to establish an airport authority for Berrien County, approved March 20, 1985 (Ga. L. 1985, p. 3873), so as to increase the membership of the board of such authority; to provide for terms of office for such additional members; to provide for a quorum; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to establish an airport authority for Berrien County, approved March 20, 1985 (Ga. L. 1985, p. 3873), is amended by revising subsections (a), (d), and (g) of Section 2 as follows:
"(a) Until July 1, 2012, the authority shall be composed of three members who shall be selected by the Board of Commissioners of Berrien County. On and after July 1, 2012, the authority shall be composed of five members who shall be selected by the Board of Commissioners of Berrien County." "(d) The term of office of each member of the authority shall be four years, provided that each of the three initial members shall have initial terms which shall expire on

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December 31, 1988, and provided, further, that both of the two additional members added in 2012 shall have initial terms which shall expire on December 31, 2014." "(g) The authority shall elect one of its members as chairman and one as vice chairman. The authority shall elect a person as secretary, who need not be a member of the authority. Such officers of the authority shall serve for a term of one year. The authority shall vote upon all matters, and a majority vote of such members present shall be mandatory. The authority shall have the power to delegate its functions to committees composed of the membership of the authority; however, no contracts or agreements shall be binding upon the authority until they have been approved by a majority of the members present and such approval has been recorded in the minutes of the authority. Three members of the authority shall constitute a quorum."

SECTION 2. This Act shall become effective on July 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 2012 session of the General Assembly of Georgia a bill to amend an Act to establish an airport authority for Berrien County, approved March 20, 1985 (Ga. L. 1985, p. 3873), so as to increase the membership of the board of such authority; to provide for terms of office for such additional members; to provide for a quorum; to provide for related matters; to provide for an effective date; and for other purposes.
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 Berrien Press which is the official organ of Berrien County on February 15, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

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s/ PENNY HOUSTON Penny Houston Representative, District 170

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Sworn to and subscribed before me, this 21st day of February 2012.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2015 (SEAL)

Approved April 11, 2012.

__________

TOWN OF TRION NEW CHARTER.

No. 512 (House Bill No. 1118).

AN ACT

To provide a new charter for the Town of Trion; to provide for incorporation, boundaries, and powers of the town; to provide for a governing authority of such town and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a mayor and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for a town attorney, a town clerk, and other personnel and matters relating thereto; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof and other matters relative to those judges; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; to provide for elections; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for auditing, accounting, budgeting, and appropriations; to provide for town contracts and purchasing; to provide for the conveyance of property and interests therein; to provide for an independent school system; 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

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

SECTION 1.11. Corporate boundaries.

(a) The boundaries of this town shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The boundaries of this town at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the town clerk and to be designated, as the case may be: "Official Map (or Description) of the corporate limits of the Town of Trion, Georgia." Photographic, typed, or other copies of such map or description certified by the town clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (b) The 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.

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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 the same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder. (b) Appropriations and expenditures. To make appropriations for the support of the government of the town; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the town. (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 town taxes or fees. (e) Condemnation. To condemn property, inside or outside the corporate limits of the town, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A., or such other 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 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. (h) Environmental protection. To protect and preserve the natural resources, environment and vital areas of the town, 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. (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.

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(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 town 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 town, 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 town 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 municipal 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, 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 town. (p) 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. (q) Municipal debts. To appropriate and borrow money for the payment of debts of the town and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia. (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 town. (s) 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. (t) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, storm-water management, gas works, electric light plants, cable television and other telecommunications, transportation facilities, public airports, and any other public

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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 town planning for development by zoning; and to provide subdivision regulation and the like as the town 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 fire-fighting agency. (y) Public hazards: removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public. (z) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies and facilities; and to provide any other public improvements, inside or outside the corporate limits of the town; and to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted. (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 town; 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 town. (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

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the corporate limits of the town; 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 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 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. (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 town 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

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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, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.

ARTICLE II GOVERNMENT STRUCTURE

SECTION 2.10. Town council creation; number; election.

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

SECTION 2.11. Town council terms and qualifications for office.

(a) The mayor and members of the town council shall serve for terms of four years and until their respective successors are elected and qualified. (b) No person shall be mayor or a member of the council if that person is ineligible for such office pursuant to Code Section 45-2-1 of the O.C.G.A. or any other general law. (c) No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the town for six months prior to the date of election of mayor or members of the council, and each person elected shall continue to reside in the town during that person's period of service and continue to be registered and qualified to vote in municipal elections of this town.

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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 town council or those members remaining if less than six months remains in the unexpired term. If such vacancy occurs six 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. Holding other office; voting when financially interested.

(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) Conflict of interest - No elected official, appointed officer, or employee of the town or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction, or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of that person's official duties or which would tend to impair the independence of the official's judgment or action in the performance of those official duties; (2) Engage in or accept private employment, or render services for private interests when such employment or service is incompatible with the proper discharge of that person's official duties or would tend to impair the independence of the official's judgment or action in the performance of those official duties; (3) Disclose confidential information, including information obtained at meetings which are closed pursuant to Chapter 14 of Title 50 of the O.C.G.A., concerning the property, government, or affairs of the governmental body by which the official is engaged without

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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 town 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 town shall disclose such interest to the town council. The mayor or any councilmember who has a financial interest in any matter pending before the town council shall disclose such interest and such disclosure shall be entered on the records of the town council, and that official shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such interest to the governing body of such agency or entity. (d) Use of public property - No elected official, appointed officer, or employee of the town or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit or profit but shall use such property only in their capacity as an officer or employee of the town. (e) Contracts voidable and rescindable - Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the town council. (f) Ineligibility of elected official - Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or appointive office in the town. No former mayor and no former councilmember shall hold any appointive office in the town until one year after the expiration of the term for which that official was elected. (g) Political activities of certain officers and employees - No officer appointed by the town council shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. No employee of the town shall continue in such employment upon qualifying for or election to any public office in this town or any other public office which is inconsistent, incompatible, or in conflict with the duties of the town employee. Such determination shall be made by the mayor and council either immediately upon qualification or at any time such conflict may arise.

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(h) Penalties for violation (1) Any town officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited that person's office or position. (2) Any officer or employee of the town who shall forfeit an office or position as described in paragraph (1) of this subsection, shall be ineligible for appointment or election to or employment in a position in the town government for a period of three years thereafter.

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.

(a) Except as otherwise provided by law or this charter, the town council shall be vested with all the powers of government of this town. (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 Town of Trion and may enforce such ordinances by imposing penalties for violation thereof.

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

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may be condemned under procedures established under general law applicable now or as provided in the future.

SECTION 2.18. Organizational meetings.

The town council shall hold an organizational meeting on a date in January of each even-numbered year as specified by ordinance. The meeting shall be called to order by the town 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 town 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 Town of Trion 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 Trion to the best of my ability without fear, favor, affection, reward, or expectation thereof."

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 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. (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

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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 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 with the approval and consent of the town council and shall serve at the pleasure of the town council. 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 town council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the town council shall have the right to request a roll call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three councilmembers shall be required for the adoption of any ordinance, resolution, or motion. (b) The mayor shall only vote in the event of a tie between councilmembers.

SECTION 2.22. Ordinance form; procedures.

(a) Every proposed ordinance should be introduced in writing and in the form required for final adoption. No ordinance shall contain 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 Trion" and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the town council. Ordinances shall be considered and adopted or rejected by the town council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided in Section 2.24 of this charter. Upon introduction of any ordinance, the 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 town council may designate.

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SECTION 2.23. Action requiring an ordinance.

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

SECTION 2.25. 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) 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.

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(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 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 Trion, 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 incorporation 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. Election of mayor; forfeiture; compensation.

The mayor shall be elected and serve for a term of four years and until a successor is elected and qualified. The mayor shall be a qualified elector of this town and shall have been a resident of the town for six months prior to the election. The mayor shall continue to reside in this town during the period of service. The mayor shall forfeit the office on the same grounds and under the same procedure as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers.

SECTION 2.28. Mayor pro tem.

By a majority vote, the town 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

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physical or mental disability, suspension from office, or absence. Any such disability or absence shall be declared by a majority vote of the town 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 only as a member of the council.

SECTION 2.29. Powers and duties of mayor.

The mayor shall: (a) Preside at all meetings of the town council; (b) Be the head of the town for the purpose of service of process and for ceremonial purposes, and be the official spokesperson for the town and the chief advocate of policy; (c) Have the power to administer oaths and to take affidavits; (d) Sign as a matter of course on behalf of the town all written and approved contracts, ordinances, and other instruments executed by the town which by law are required to be in writing; (e) Vote on matters before the town council only in the case of a tie between councilmembers and shall not be counted toward a quorum of the town council; (f) Prepare and submit to the town council a recommended annual operating budget and recommended capital budget; and (g) Fulfill such other executive and administrative duties as the town council shall by ordinance establish.

ARTICLE III ADMINISTRATIVE AFFAIRS

SECTION 3.10. Administrative and service departments.

(a) Except as otherwise provided in this charter, the town council, by ordinance, shall prescribe the functions or duties, and establish, abolish, alter, consolidate, or leave vacant all nonelective offices, positions of employment, departments, and agencies of the town, as necessary for the proper administration of the affairs and government of this town. (b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the town shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All 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

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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 town 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 town council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the town council deems necessary, and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the town shall be appointed by the town council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The town council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by charter or by law, 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 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 town 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 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 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 town. Each board, commission, or authority of the town government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the town, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the town.

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SECTION 3.12. Town attorney.

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(a) The mayor shall appoint a town attorney, together with such assistant town attorneys as may be authorized, and the town council 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. (b) The town attorney is not a public official of the town and shall not take an oath of office. The town attorney shall at all times be an independent contractor. A law firm, rather than an individual, may be designated as the town attorney.

SECTION 3.13. Town clerk.

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

SECTION 3.14. 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 town council for approval. Such plan may apply to all employees of the town and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the town 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 town officials are not town 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.

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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 Trion.

SECTION 4.11. Chief judge; associate judge.

(a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or standby judges as shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless that person shall have attained the age of 25 years, shall have been a resident of Chattooga County, Georgia, for at least one year, and shall possess all qualifications required by law. All judges shall be appointed by the town council and shall serve until a successor is appointed and qualified. (c) The chief judge, and such other part-time, full-time, and standby judges, shall be selected by the mayor and approved by a majority vote of a quorum of the town council and once appointed shall serve until a successor is appointed and qualified. (d) Compensation of the judges shall be fixed by ordinance. (e) All judges serve at-will and may be removed from office at any time by the town council unless otherwise provided by ordinance. (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 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.

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 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 $200.00 or ten days in jail.

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(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, including up to 30 days of community service. (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 town, or the property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for town property taxes. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments and sentences; and to administer such oaths as are necessary. (g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the town, and each judge of the municipal court shall have the 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 Chattooga County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.

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SECTION 4.15. Rules for Court.

With the approval of the town 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 town 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 town clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings.

ARTICLE V ELECTIONS AND REMOVAL

SECTION 5.10. Applicability of general law.

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

SECTION 5.12. Non-partisan elections.

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

SECTION 5.13. Election by plurality.

(a) For the purpose of electing members of the town council, there shall be five seats on the council, designated as Council Seats 1 through 5. A candidate shall designate the seat for which he or she is offering at the time of qualifying. Members may reside anywhere within the town and shall be elected by the electors of the entire town. (b) The mayor and members of the town council in office on the effective date of this charter shall serve out the terms to which they were elected and until their respective successors are elected and qualified. (c) At the municipal general election in 2013, an election shall be held for successors to the mayor and those members of the council from Council Seats 1, 2, and 3, whose terms are expiring. Such successors shall take office on January 1, 2014, and shall serve for terms of four years and until their respective successors are elected and qualified. Thereafter, successors shall be elected at the municipal general election immediately preceding the end

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of the term of office, shall take office on the first day of January following such election, and shall serve for terms of four years and until their respective successors are elected and qualified. (d) At the municipal general election in 2015, an election shall be held for successors to those members of the council from Council Seats 4 and 5, whose terms are expiring. Such successors shall take office on January 1, 2016, and shall serve for terms of four years and until their respective successors are elected and qualified. Thereafter, successors shall be elected at the municipal general election immediately preceding the end of the term of office, shall take office on the first day of January following such election, and shall serve for terms of four years and until their respective successors are elected and qualified. (e) The person receiving a plurality of the votes cast for any town office shall be elected.

SECTION 5.14. Special elections; vacancies.

In the event that the office of mayor or councilmember shall become vacant as provided in Section 2.12 of this charter, the town council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within six months of the expiration of the term of that office, the town council or those remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 2 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 town council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."

SECTION 5.16. Removal of officers.

(a) The mayor, 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 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

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public hearing which shall be held not less than ten days after the service of such written notice. The town council shall provide by ordinance for the manner in which such hearings shall be held. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the town 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. (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 Town of Trion.

ARTICLE VI FINANCE

SECTION 6.10. Property tax.

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

SECTION 6.11. Millage 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 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 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.

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SECTION 6.13. Regulatory fees; permits.

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

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 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.

SECTION 6.15. Service charges.

The town 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 town. If unpaid, such charges shall be collected as provided in Section 6.18.

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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. If unpaid, such charges shall be collected as provided in Section 6.18.

SECTION 6.17. Construction; other taxes and fees.

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

SECTION 6.18. 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 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 town permits for failure to pay any town taxes or fees; and providing for 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 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.

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SECTION 6.21. Short-term loans.

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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 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 town council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the town government unless otherwise provided by state or federal law.

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.

SECTION 6.25. Submission of operating budget to town council.

On or before a date fixed by the town council but not later than 90 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

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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 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 December of each year. If the town council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the town council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.24 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 town 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 town.

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SECTION 6.28. Changes in appropriations.

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The town 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 town council but no later than 90 days prior to the beginning of each fiscal year, the mayor shall submit to the town council a proposed capital improvements plan with a recommended capital budget containing the means of financing the improvements proposed for the ensuing fiscal year. The town council shall have power to accept, with or without amendments, or reject the proposed plan and proposed budget. The town council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital budget, except to meet a public emergency as provided in Section 2.24 of this charter. (b) The town council shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than the first 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 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 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 6.31. Contracting procedures.

No contract with the town shall be binding on the town unless:

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(1) It is in writing; (2) It is drawn by or submitted to and reviewed by the town attorney and, as a matter of course, is signed by the town attorney to indicate such drafting or review; and (3) It is made or authorized by the town council and such approval is entered in the town council journal of proceedings pursuant to Section 2.21 of this charter.

SECTION 6.32. Centralized purchasing.

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

SECTION 6.33. Sale and lease of town property.

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

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ARTICLE VII EDUCATION

SECTION 7.10. Board of education.

(a) The Board of Education of the Town of Trion which was appointed and in existence on the effective date of this charter is continued in existence but, on and after the effective date of this charter, shall be constituted as provided in this article. The Board of Education of the Town of Trion so continued and constituted, sometimes referred to in this article as the "board," shall continue to have the same powers, duties, rights, obligations, and liabilities of that Board of Education of the Town of Trion as existed immediately before the effective date of this charter and shall be subject to all constitutional and statutory provisions relating to boards of education and not in conflict with this article. (b) The Board of Education of the Town of Trion shall consist of five members elected at large by the electors of the Town of Trion Independent School District in accordance with this section. Those members of the Board of Education of the Town of Trion who are serving as such on the effective date of this charter shall serve out the terms of office to which such members were elected.
(c)(1) No person shall be a member of the board if that person is ineligible for such office pursuant to Code Section 20-2-51 or 45-2-1 of the O.C.G.A. or any other general law. (2) In order to be elected as a member of the board, a person shall have resided in the Town of Trion Independent School District for at least 12 months prior to election thereto. Only electors who are residents of that school district shall vote for a member of the board, A person elected as a member of the board shall continue to reside in that school district during that person's terms of office or that office shall thereupon become vacant. (d) For the purpose of electing the members of the Board of Education of the Town of Trion, there shall be five seats on the board, designated as Board Seats 1 through 5. A candidate shall designate the seat for which he or she offers at the time of qualifying. Members may reside anywhere within the school district and shall be elected by the electors of the entire school district. (e) An election shall be conducted at the time of and in conjunction with the general municipal election in 2013 to elect successors to the members from Board Seats 1, 2, and 3 whose terms expire on December 31, 2013. Those members elected from Board Seats 1, 2, and 3 shall take office on January 1, 2014, and shall serve for terms of four years and until their respective successors are elected and qualified. Successors to such members shall be elected at the municipal general election immediately prior to the end of their terms and such successors shall take office on January 1 immediately following such election and shall serve for terms of four years and until their respective successors are elected and qualified. (f) An election shall be conducted at the time of and in conjunction with the general municipal election in 2015 to elect successors to the members from Board Seats 4 and 5

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whose terms expire on December 31, 2015. Those members elected from Board Seats 4 and 5 shall take office on January 1, 2016, and shall serve for terms of four years and until their respective successors are elected and qualified. Successors to such members shall be elected at the municipal general election immediately prior to the end of their terms and such successors shall take office on January 1 immediately following such election and shall serve for terms of four years and until their respective successors are elected and qualified. (g) All elections for members of the board 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. Such elections shall be held on a nonpartisan basis and the person received a plurality of the votes cast for such seat shall be elected.

SECTION 7.11. Vacancies.

In the event of a vacancy occurring in the membership of the board for any reason other than expiration of term, that vacancy shall be filled as provided in Code Section 20-2-54.1 of the O.C.G.A.

SECTION 7.12. Compensation.

Members of the Board of Education of the Town of Trion shall be compensated in the same amount and subject to the same procedures as the members of the town council. Members of the board shall be reimbursed for expenses in the same manner as members of the town council.

SECTION 7.13. Chairperson.

The chairperson of the board shall be elected from the membership of the board as provided in Code Section 20-2-57 of the O.C.G.A.

SECTION 7.14. School superintendent.

(a) The Board of Education of the Town of Trion shall appoint a school superintendent. Unless otherwise provided by general law, such school superintendent shall serve at the pleasure of the board or the board may provide the school superintendent with a contract of employment for a fixed term. (b) Except as otherwise provided in this section, the school superintendent shall be subject to all general laws of this state relating to school superintendents.

GEORGIA LAWS 2012 SESSION
ARTICLE VIII GENERAL PROVISIONS

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SECTION 8.10. 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 8.11. Prior ordinances.

All ordinances, resolutions, rules and regulations now in force in the town not inconsistent with this charter are hereby declared valid and of full effect and force until amended or repealed by the town council.

SECTION 8.12. 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 90 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 8.13. Pending matters.

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

SECTION 8.14. Construction.

(a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word "shall" is mandatory and the word "may" is permissive.

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(c) The singular shall include the plural, the masculine shall include the feminine, and vice versa.

SECTION 8.15. 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 8.16. Specific repealer.

An Act incorporating the Town of Trion, approved December 18, 1897 (Ga. L. 1897, p. 352), is hereby repealed in its entirety and all amendatory acts thereto are likewise repealed in their entirety.

SECTION 8.17. Effective date.

This charter shall become effective on July 1, 2012.

SECTION 8.18. 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 2012 session of the General Assembly of Georgia a bill to provide a new charter for the Town of Trion; to provide for incorporation, boundaries, and powers of the town; to provide for a governing authority of such town and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a mayor and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for a town attorney, a town clerk, and other personnel and matters relating thereto; to provide for rules

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and regulations; to provide for a municipal court and the judge or judges thereof and other matters relative to those judges; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; to provide for elections; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for auditing, accounting, budgeting, and appropriations; to provide for town contracts and purchasing; to provide for the conveyance of property and interests therein; to provide for an independent school system; 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.

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 Chatooga County on February 16, 2012, 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 21st day of February 2012.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2015 (SEAL)

Approved April 11, 2012.

__________

5132

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II CITY OF FLOWERY BRANCH CORPORATE LIMITS.

No. 513 (House Bill No. 1122).

AN ACT

To amend an Act to create a new charter for the City of Flowery Branch, approved April 11, 1979 (Ga. L. 1979, p. 3404), as amended, so as to establish the corporate limits of the City of Flowery Branch; 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 new charter for the City of Flowery Branch, approved April 11, 1979 (Ga. L. 1979, p. 3404), as amended, is amended by revising subsection (a) of Section 1.2 as follows:
"(a) The corporate limits of the City of Flowery Branch shall be those existing on January 9, 2012, as further described by the following Hall County, Georgia, Geographic Information System (GIS) parcel numbers: 08069001013; 08070001002; 08070001003; 08073000003A; 08073000003B; 08073000003D; 08073000004A; 08073000006; 08073000008; 08092000001; 08092000003; 08092000004; 08092000005; 08092000006 08092000007; 092000008; 092000009; 093000006; 093000007; 093000008; 08093000010; 08096000001; 08096000002; 08096000003; 08096000004; 08096000007; 08096000012; 08096000016; 08096000018; 08096000019; 08097000001A; 08097000003 08097000008; 08097000009; 08097000010; 08097000011; 08097000012; 08097000013; 08097000014; 08097000015; 08097000016; 08097000018; 08097000019; 08097000020; 08097000021; 08098000014; 08098000016; 08098001001; 08098001002; 08098001003; 08098001004; 08098001011; 08098001017; 08098001019; 08098001020; 08098001021; 08098001022; 08098001023; 08098001024; 08098001025; 08098A000001; 08098A000002; 08098A000003; 08098A000004; 08098A000005; 08098A000006; 08098A000007; 08098A000008; 08098A000009; 08098A000010; 08098A000011; 08098A000012; 08098A000013; 08098A000014; 08098A000015; 08098A000016; 08098A000017; 08098A000018; 08098A000019; 08098A000020; 08098A000021; 08098A000022; 08098A000023; 08098A000024; 08098A000025; 08098A000026; 08098A000027; 08098A000028; 08098A000029; 08098A000030; 08098A000031; 08098A000032; 08098A000033; 08098A000034; 08098A000035; 08098A000036; 08098A000037; 08098A000038; 08098A000039; 08098A000040; 08098A000041; 08098A000042; 08098A000043; 08098A000044; 08098A000045; 08098A000046; 08098A000047; 08098A000048; 08098A000049; 08098A000050; 08098A000051; 08098A000052; 08098A000053; 08098A000054; 08098A000055; 08098A000056;

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GEORGIA LAWS 2012 SESSION

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5136

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

08112024002A; 08112024003; 08112024004; 08112024005; 08112025001; 08112025002; 08112025002A; 08112025003; 08112025004; 08112025005; 08112025006; 08112025007; 08112025008; 08112025009; 08112025010; 08112026001; 08112026002; 08112026003; 08112026004; 08112026005; 08112026006; 08112027001; 08112027002; 08112027003; 08112027007; 08112027008; 08112027010; 08112027011; 08112027012; 08112027015; 08112027016; 08112027017A; 08112027017B; 08112027017C; 08112027017D; 08112027018; 08112027019; 08112027020; 08112027020A; 08112027021; 08112027022; 08112027022A; 08112027023A; 08112027024; 08112027025; 08112027026; 08112027027; 08112027028A; 08112027028B; 08112027028C; 08112027028D; 08112027030; 08112027031; 08112027032; 08112027033; 08112027034; 08112027036; 08112027036A; 08112027037; 08112027039; 08112027040; 08112027041; 08112027042; 08112027043; 08112028001; 08112028002; 08112028003; 08112028004; 08112028005; 08112028006; 08112028007; 08112028008; 08112028009; 08112028010; 08112028011; 08112028012; 08112028013; 0811028014; 08112A001001; 08112A001002; 08112A001003; 08112A001004; 08112A001005; 08112A001006; 08112A001006A; 08112A001006B; 08112A001007; 08112A001008; 08112A002001; 08112A002002; 08112A002003; 08112A002004; 08112A002005; 08112A002006; 08112A002007; 08112A002007A; 08112A002008; 08112A002009; 08112A002010; 08112A002011; 08112A002012; 08112A002013; 08113001001; 08113001002; 08113001003; 08113001004; 08113001005; 08113001006; 08113001008; 08113001009; 08113001010; 08113001011; 08113001012; 08113001013; 08113001014; 08113001015; 08113001016; 08113001017; 08113001018; 08113001019; 08113001020; 08113001021; 08113001022; 08113001023; 08113001024; 08113001025; 08113001026; 08113001027; 08113001028; 08113001029; 08113001030; 08113001031; 08113001032; 08113001033; 08113001034; 08113001035; 08113001036; 08113001037; 08113001038; 08113001039; 08113001040; 08113001041; 08113001042; 08113001043; 08113001044; 08113001045; 08113001046; 08113001047; 08113001048; 08113001049; 08113001050; 08113001051; 08113001052; 08113001053; 08113001054; 08113001055; 08113001056; 08113001057; 08113001058; 08113001059; 08113001060; 08113001061; 08113001062; 08113001063; 08113001064; 08113001065; 08113001066; 08113001067; 08113001068; 08113001069; 08113001070; 08113001071; 08113001072; 08113001073; 08113001074; 08113001075; 08113001076; 08113001077; 08113001078; 08113001079; 08113001080; 08113001081; 08113001082; 08113001083; 08113001084; 08113001085; 08113001086; 08113001087; 08113001088; 08113001089; 08113001090; 08113001091; 08113001092; 08113001093; 08113001094; 08113001095; 08113001103; 08113002002; 08113002003; 08113002004; 08113002005; 08113002006; 08113002007; 08113002008; 08113002009; 08113002010; 08113002011; 08113002012; 08113002013; 08113002013A; 08113002014; 08113002015; 08113002017; 08113002018; 08113002019; 08113002020; 08113002021; 08113002022; 08113002023; 08113002024; 08113002025; 08113002026; 08113002027; 08113002028; 08113002029; 08113002030; 08113002031; 08113002032; 08113002033; 08113002034; 08113002035; 08113002036; 08113002037; 08113002038; 08113002039; 08113002040; 08113002041;

GEORGIA LAWS 2012 SESSION

5137

08113002042; 08113002043; 08113002044; 08113002045; 08113002046; 08113002047; 08113002048; 08113002049; 08113002050; 08113002051; 08113002052; 08113002053; 08113002054; 08113002055; 08113002056; 08113002057; 08113002058; 08113002059; 08113002060; 08113002061; 08113002062; 08113002063; 08113002064; 08113002065; 08113002066; 08113002067; 08113002069; 08113002070; 08113002071; 08113002072; 08113002073; 08113002076; 08113002078; 08113002079; 08113002080; 08113002081; 08113002082; 08113002083; 08113002084; 08113002085; 08113002086; 08113002087; 08113003001; 08113004001; 08113004002; 08113004003; 08113004004; 08113004005; 08113004006; 08113004007; 08113004008; 08114001002; 08114001003; 08114001004; 08114002003; 08114002020; 08114002025; 08114002025A; 08114002027; 08114002029; 08114002030; 08114002031; 08114004004; 08114004005; 08114004009; 08114004012; 08114004013; 08116000015; 08116000016; 08116000017; 08116000018; 08116000019; 08116000020; 08116000021; 08116000022; 08116000023; 08117001001; 08117001002; 08117001003; 08117001004; 08117001005; 08117001006; 08117001007; 08117001008; 08117001009; 08117001010; 08117001011; 08117001012; 08117001013; 08117001014; 08117001015; 08117001016; 08117001017; 08117001018; 08117001019; 08117001020; 08117001021; 08117001022; 08117001023; 08117001024; 08117001025; 08117001026; 08117001027; 08117001028; 08117001029; 08117001030; 08117001031; 08117001032; 08117001033; 08117001034; 08117001035; 08117001036; 08117001037; 08117002006; 08117002007; 08117002008; 08117002008A; 08117002009; 08117002010; 08117002011; 08117002012; 08117002013; 08117002015; 08117002016A; 08117002016C; 08117002016D; 08117002059; 08117005002; 08117005003; 08117005005; 08117005006; 08118001001; 08118001001A; 08118001002; 08118001002C; 08118001002D; 08118001002E; 08118001002F; 08118001004; 08118001004A; 08118001006; 08118001008; 08118001009; 08118001011; 08118001012; 08118001015; 08118001019; 08118001020; 08118001021; 08118002001; 08118002002; 08118002002A; 08118002002B; 08118002003; 08118002005; 08118002006; 08118002007; 08118002008; 08118002009; 08118002010; 08118002011; 08118002012; 08118002013; 08118003001; 08118003002; 08118003003; 08118003004; 08118003005; 08118004001; 08118004004; 08118004005; 08118004006; 08118004007; 08118004008; 08118004009; 08118004010; 08118004011; 08118004012; 08118004013; 08118004014; 08118005001; 08118005001A; 08118005002; 08118005003; 08118005004; 08118005005; 08118005006; 08118005007; 08118005008; 08118005009; 08118005010; 08118005012; 08118006001; 08118006002A; 08118006002B; 08118006003; 08118006003A; 08118006003B; 08118006003C; 08118006004; 08118006004A; 08118006005; 08118006006; 08118006007; 08118006008; 08118006009; 08118007001; 08118007002A; 08118007002B; 08118007003; 0811800700; 08118007005; 08118007006; 08118007007; 08118007008; 08118007009; 08118007010; 08118007011; 08118007012; 08118007013; 08118007014; 08118007015; 08118007016; 08118007017; 08118007018; 08118008002; 08118008003; 08118008004; 08118008005; 08118008005A; 08118008006; 08118008008; 08118008009; 08118008010; 08118008011; 08118008012; 08118008013; 08118008014; 08118A000001;

5138

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

08118A000002; 08118A000003; 08118A000004; 08118A000005; 08118A000006; 08118A000007; 08118A000008; 08118A000009; 08118A000010; 08118A000011; 08118A000012; 08118A000013; 08118A000014; 08118A000015; 08118A000016; 08118A000017; 08118A000018; 08118A000019; 08118A000020; 08118A000021; 08118A000022; 08118A000023; 08118A000024; 08118A000025; 08118A000026; 08118A000027; 08118A000028; 08118A000029; 08118A000030; 08118A000031; 08118A000032; 08118A000033; 08118A000034; 08118A000035; 08118A000036; 08118A000037; 08118A000038; 08118A000039; 08118A000040; 08118A000041; 08118A000042; 08118A000043; 08118A000044; 08118A000045; 08118A000046; 08118A000047; 08118A000048; 08118A000049; 08118A000050; 08118A000051; 08118A000052; 08118A000053; 08118A000054; 08118A000055; 08118A000056; 08118A000057; 08118A000058; 08118A000059; 08118A000060; 08118A000061; 08118A000062; 08118A000063; 08118A000064; 08118B000001; 08118B000002; 08118B000003; 08118B000004; 08118B000005; 08118B000006; 08118B000007; 08118B000008; 08118B000009; 08118B000010; 08118B000011; 08118B000012; 08118B000013; 08118B000014; 08118B000015; 08118B000016; 08118B000017; 08118B000018; 08118B000019; 08118B000020; 08118B000021; 08118B000022; 08118B000023; 08118B000024; 08118B000025; 08118B000026; 08118B000027; 08118B000028; 08118B000029; 08118B000030; 08118B000031; 08118B000032; 08118B000033; 08118B000034; 08118B000037; 08118B000038; 08118B000039; 08118B000040; 08118B000041; 08118B000042; 08118B000043; 08118B000044; 08118B000045; 08118B000046; 08118B000047; 08118B000048; 08118B000049; 08118B000050; 08118B000051; 08118B000052; 08118B000053; 08118B000054; 08118B000055; 08118B000056; 08118B000057; 08118B000058; 08118B000059; 08118B000060; 08118B000061; 08118B000062; 08118B000063; 08118B000064; 08118B000065; 08118B000066; 08118B000067; 08118B000068; 08118B000070; 08118B000071; 08118B000072; 08118B000073; 08118B000074; 08118B000075; 08118B000076; 08118B000078; 08118B000079; 08118B000080; 08118B000081; 08118B000082; 08118B000083; 08118B000084; 08118B000085; 08118B000086; 08118B000087; 08118B000088; 08118B000089; 08118B000090; 08118B000091; 08118B000092; 08118B000093; 08118B000094; 08118B000095; 08118B000096; 08118B000097; 08118B000098; 08118B000099; 08118B000100; 08118B000101; 08118B000102; 08118B000103; 08118B000104; 08118B000105; 08118B000106; 08118B000107; 08118B000108; 08118B000109; 08118B000110; 08118B000111; 08118B000112; 08118B000113; 08118B000114; 08118B000115; 08118B000116; 08118B000117; 08118B000118; 08118B000119; 08118B000120; 08118B000121; 08118B000122; 08118B000123; 08118B000124; 08118B000125; 08118B000126; 08118B000127; 08118B000128; 08118B000129; 08118B000130; 08118B000131; 08118B000132; 08118B000133; 08118B000134; 08118B000135; 08118B000136; 08118B000137; 08118B000138; 08118B000139; 08118B000140; 08118B000141; 08118B000142; 08118B000143; 08118B000144; 08118B000145; 08118B000146;

GEORGIA LAWS 2012 SESSION

5139

08118B000147; 08118B000148; 08118B000149; 08118B000150; 08118B000151; 08118B000152; 08118B000153; 08118B000154; 08118B000155; 08118B000156; 08118B000157; 08118B000158; 08118B000159; 08118B000160; 08118B000161; 08118B000162; 08118B000163; 08118B000164; 08118B000165; 08118B000166; 08118B000167; 08118B000168; 08118B000169; 08118B000170; 08118B000171; 08118B000172; 08118B000173; 08118B000174; 08118B000175; 08118B000176; 08118B000177; 08118B000178; 08118B000179; 08118B000180; 08118B000181; 08118B000182; 08118B000183; 08118B000184; 08118B000185; 08118B000186; 08119000207; 08119000215; 08119000216; 08132000026; 08132000097; 08140000092; 08140000118; 08140000215; 08150002001; 15044000039A; 15044000039B; 15044000073; 15044000075; 15044000135; 15044A002001; 15044A002022; 15044A002023; 15044A002024; 15046000009; 15046000009B; 15046000028; 15046000034; 15046000035; 15046000039; 15046000069; 15046000071; 15046000111; 15046000122; 15046000145; 15046000147; 15047000001; 15047000003; 15047000005; 15047000007; 15047000019A; 15047000022; 15047000041; 15047000098; 15047000101; 15047000104; 15047000105; 15047000106; 15047000107; 15047000108; 15047000109; 15047000110; 15047000111; 15047000112; 15047000113; 15047000114; 15047000115; 15047000116; 15047000117; 15047000119; 15047000120; 15047000121; 15047000122; 15047000123; 15047000124; 15047000125; 15047000126; 15047000127; 15047000128; 15047000129; 15047000130; 15047000131; 15047000132; 15047000133; 15047000134; 15047000135; 15047000136; 15047000137; 15047000138; 15047000139; 15047000140; 15047000141; 15047000142; 15047000143; 15047000144; 15047000145; 15047000146; 15047000147; 15047000148; 15047000149; 15047000150; 15047000151; 15047000152; 15047000153; 15047000154; 15047000155; 15047000156; 15047000157; 15047000158; 15047000159; 15047000160; 15047000161; 15047000162; 15047000163; 15047000164; 15047000165; 15047000166; 15047000167; 15047000168; 15047000169; 15047000170; 15047000171; 15047000172; 15047000173; 15047000174; 15047000175; 15047000176; 15047000177; 15047000178; 15047000179; 15047000180; 15047000181; 15047000182; 15047000183; 15047000184; 15047000185; 15047000186; 15047000187; 15047000188; 15047000189; 15047000190; 15047000191; 15047000192; 15047000193; 15047000194; 15047000195; 15047000196; 15047000197; 15047000198; 15047000199; 15047000200; 15047000201; 15047000202; 15047000203; 15047000204; 15047000205; 15047000206; 15047000207; 15047000208; 15047000209; 15047000210; 15047000211; 15047000212; 15047000213; 15047000214; 15047000215; 15047000216; 15047000217; 15047000218; 15047000219; 15047000220; 15047000221; 15047000222; 15047000223; 15047000224; 15047000225; 15047000226; 15047000227; 15047000228; 15047000229; 15047000230; 15047000231; 15047000232; 15047000233; 15047000234; 15047000235; 15047000236; 15047000237; 15047000238; 15047000239; 15047000240; 15047000241; 15047000242; 15047000243; 15047000244; 15047000245; 15047000246; 15047000247; 15047000248; 15047000249; 15047000250; 15047000251; 15047000252; 15047000253; 15047000254; 15047000255; 15047000256; 15047000257; 15047000258; 15047000259; 15047000260;

5140

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

15047000261; 15047000262; 15047000263; 15047000264; 15047000265; 15047000266; 15047000267; 15047000268; 15047000269; 15047000270; 15047000271; 15047000272; 15047000273; 15047000274; 15047000275; 15047000276; 15047000277; 15047000278; 15047000279; 15047000280; 15047000281; 15047000282; 15047000283; 15047000284; 15047000285; 15047000286; 15047000287; 15047000288; 15047000289; 15047000290; 15047000291; 15047000292; 15047000293; 15047000294; 15047000295; 15047000296; 15047000297; 15047000298; 15047000299; 15047000300; 15047000301; 15047000302; 15047000303; 15047000304; 15047000305; 15047000306; 15047000307; 15047000308; 15047000309; 15047000310; 15047000311; 15047000312; 15047000313; 15047000314; 15047000315; 15047000316; 15047000317; 15047000318; 15047000319; 15047000320; 15047000321; 15047000322; 15047000323; 15047000324; 15047000363; 15047000364; 15047000365; 15047000366; 15047000367; 15047000368; 15047000369; 15047000370; 15047000371; 15047000372; 15047000373; 15047000374; 15047000375; 15047000376; 15047000377; 15047000378; 15047000379; 15047000380; 15047000381; 15047000382; 15047000383; 15047000384; 15047000385; 15047000386; 15047000387; 15047000388; 15047000389; 15047000390; 15047000391; 15047000392; 15047000393; 15047000394; 15047000395; 15047000396; 15047000397; 15047000398; 15047000399; 15047000400; 15047000401; 15047000402; 15047000403; 15047000404; 15047000405; 15047000406; 15047000407; 15047000408; 15047000409; 15047000410; 15047000411; 15047000412; 15047000413; 15047000414; 15047000415; 15047000416; 15047000417; 15047000418; 15047000419; 15047000420; 15047000421; 15047000422; 15047000423; 15047000424; 15047000425; 15047000426; 15047000427; 15047000428; 15047000429; 15047000430; 15047000431; 15047000433; 15047000434; 15047000435; 15047000436; 15047000437; 15047000438; 15047000439; 15047000440; 15047000441; 15047000442; 15047000443; 15047000444; 15047000445; 15047000446; 15047000447; 15047000448; 15047000449; 15047000450; 15047000451; 15047000452; 15047000453; 15047000454; 15047000455; 15047000456; 15047000457; 15047000458; 15047000459; 15047000460; 15047000461; 15047000462; 15047000463; 15047000464; 15047000465; 15047000466; 15047000467; 15047000468; 15047000469; 15047000470; 15047000471; 15047000472; 15047000473; 15047000474; 15047000475; 15047000476; 15047000477; 15047000478; 15047000479; 15047000480; 15047000481; 15047000482; 15047000483; 15047000484; 15047000485; 15047000486; 15047000487; 15047000488; 15047000489; 15047000490; 15047000491; 15047000492; 15047000493; 15047000494; 15047000495; 15047000496; 15047000497; 15047000498; 15047000499; 15047000500; 15047000501; 15047000502; 15047000503; 15047000504; 15047000505; 15047000506; 15047000507; 15047000508; 15047000509; 15047000510; 15047000511; 15047000512; 15047000513; 15047000514; 15047000515; 15047000516; 15047000517; 15047000518; 15047000519; 15047000520; 15047000521; 15047000522; 15047000523; 15047000524; 15047000525; 15047000526; 15047000527; 15047000528; 15047000529; 15047000530; 15047000531; 15047000532; 15047000533; 15047000534; 15047000535; 15047000536; 15047000537; 15047000538; 15047000539; 15047000540; 15047000541; 15047000542; 15047000543; 15047000544; 15047000545;

GEORGIA LAWS 2012 SESSION

5141

15047000546; 15047000547; 15047000548; 15047000549; 15047000550; 15047000551; 15047000552; 15047000553; 15047000554; 15047000555; 15047000556; 15047000557; 15047000558; 15047000559; 15047000560; 15047000561; 15047000562; 15047000563; 15047000564; 15047000565; 15047000566; 15047000567; 15047000568; 15047000569; 15047000570; 15047000571; 15047000572; 15047000573; 15047000574; 15047000575; 15047000576; 15047000577; 15047000578; 15047000579; 15047000580; 15047000581; 15047000582; 15047000583; 15047000584; 15047000585; 15047000586; 15047000587; 15047000588; 15047000589; 15047000590; 15047000591; 15047000592; 15047000593; 15047000594; 15047000595; 15047000596; 15047000597; 15047000598; 15047000599; 15047000600; 15047000601; 15047000602; 15047000603; 15047000604; 15047000605; 15047000606; 15047000607; 15047000608; 15047000609; 15047000610; 15047000611; 15047000612; 15047000613; 15047000614; 15047000615; 15047000616; 15047000617; 15047000618; 15047000619; 15047000620; 15047000621; 15047000622; 15047000623; 15047000624; 15047000625; 15047000626; 15047000627; 15047000628; 15047000629; 15047000630; 15047000631; 15047000632; 15047000633; 15047000634; 15047000635; 15047000636; 15047000637; 15047000638; 15047000639; 15047000640; 15047000641; 15047000642; 15047000643; 15047000644; 15047000645; 15047000646; 15047000647; 15047000648; 15047000649; 15047000650; 15047000651; 15047000652; 15047000653; 15047000654; 15047000655; 15047000656; 15047000657; 15047000658; 15047000659; 15047000660; 15047000661; 15047000662; 15047000663; 15047000664; 15047000665; 15047000666; 15047000667; 15047000668; 15047000669; 15047000670; 15047000671; 15047000672; 15047000673; 15047000674; 15047000675; 15047000676; 15047000677; 15047000678; 15047000679; 15047000680; 15047000681; 15047000682; 15047000683; 15047000684; 15047000701; 15047000703; 15047000704; 15047000705; 15047000706; 15047000707; 15047000708; 15047000709; 15047000710; 15047000711; 15047000726; 15047000727; 15047000728; 15047000729; 15047000730; 15047000731; 15047000732; 15047000733; 15047000734; 15047000735; 15047000736; 15047000737; 15047000749; 15047000750; 15047000751; 15047000752; 15047000753; 15047000754; 15047000755; 15047000756; 15047000757; 15047000758; 15047000759; 15047000760; 15047000885; 15047000886; 15047C000001; 15047C000002; 15047C000003; 15047C000004; 15047C000005; 15047C000006; 15047C000007; 15047C000008; 15047C000009; 15047C000010; 15047C000011; 15047C000012; 15047C000013; 15047C000014; 15047C000015; 15047C000016; 15047C000017; 15047C000018; 15047C000019; 15047C000020; 15047C000021; 15047C000022; 15047C000023; 15047C000025; 15047C000026; 15047C000027; 15047C000028; 15047C000029; 15047C000030; 15047C000031; 15047C000032; 15047C000033; 15047C000034; 15047C000035; 15047C000036; 15047C000037; 15047C000038; 15047C000039; 15047C000040; 15047C000041; 15047C000042; 15047C000043; 15047C000044; 15047C000045; 15047C000046; 15047C000047; 15047C000048; 15047C000049; 15047C000050; 15047C000051; 15047C000052; 15047C000053; 15047D000001; 15047D000002; 15047D000003; 15047D000004; 15047D000005; 15047D000006; 15047D000007;

5142

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

15047D000008; 15047D000009; 15047D000010; 15047D000011; 15047D000012; 15047D000013; 15047D000014; 15047D000015; 15047D000016; 15047D000017; 15047D000018; 15047D000019; 15047D000020; 15047D000021; 15047D000022; 15047D000023; 15047D000024; 15047D000025; 15047D000026; 15047D000027; 15047D000028; 15047D000029; 15047D000030; 15047D000031; 15047D000032; 15047D000033; 15047D000034; 15047D000035; 15047D000036; 15047D000037; 15047D000038; 15047D000039; 15047D000040; 15047D000041; 15047D000042; 15047D000043; 15047D000044; 15047D000045; 15047D000046; 15047D000047; 15047D000048; 15047D000049; 15047D000050; 15047D000051; 15047D000052; 15047E000001; 15047E000002; 15047E000003; 15047E000004; 15047E000005; 15047E000006; 15047E000007; 15047E000008; 15047E000009; 15047E000010; 15047E000011; 15047E000012; 15047E000013; 15047E000014; 15047E000015; 15047E000016; 15047E000017; 15047E000018; 15047E000019; 15047E000020; 15047E000021; 15047E000022; 15047E000023; 15047E000024; 15047E000025; 15047E000026; 15047E000027; 15047E000028; 15047E000029; 15047E000030; 15047E000031; 15047E000032; 15047E000033; 15047E000034; 15047E000035; 15047E000036; 15047E000037; 15047E000038; 15047E000039; 15047E000040; 15047E000041; 15047E000042; 15047E000043; 15047E000044; 15047E000045; 15047E000046; 15047E000047; 15047E000048; 15047E000049; 15047E000050; 15047E000051; 15047E000052; 15047E000053; 15047E000054; 15047E000055; 15047E000056; 15047E000057; 15047E000058; 15047E000059; 15047E000060; 15047E000061; 15047E000062; 15047E000063; 15047E000064; 15047E000065; 15047E000066; 15047E000067; 15047E000068; 15047E000069; 15047E000070; 15047E000071; 15047E000072; 15047E000073; 15047E000074; 15047E000075; 15047E000076; 15047E000077; 15047E000078; 15047E000079; 15047E000080; 15047E000081; 15047E000082; 15047E000083; 15047E000084; 15047E000085; 15047E000086; 15047E000087; 15047E000088; 15047E000089; 15047E000090; 15047E000091; 15047E000092; 15047E000093; 15047E000094; 15047E000095; 15047E000096; 15047E000097; 15047E000098; 15047E000099; 15047E000100; 15047E000101; 15047E000102; 15047E000103; 15047E000104; 15047E000105; 15047E000106; 15047E000107; 15047E000108; 15047E000109; 15047E000110; 15047E000111; 15047E000112; 15047E000113; 15047E000114; 15047E000115; 15047E000116; 15047E000117; 15047E000118; 15047E000119; 15047E000120; 15047E000121; 15047E000122; 15047E000123; 15047E000124; 15047E000125; 15047E000126; 15047E000127; 15047E000128; 15047E000129; 15047E000130; 15047E000131; 15047E000132; 15047E000133; 15047E000134; 15047E000135; 15047E000136; 15047E000137; 15047E000138; 15047E000139; 15047E000140; 15047E000141; 15047E000142; 15047E000143; 15047E000144; 15047E000145; 15047E000146; 15047E000147; 15047E000148; 15047E000149; 15047E000150; 15047E000151; 15047E000152; 15047E000153; 15047E000154; 15047E000155; 15047E000156; 15047E000157; 15047E000158; 15047E000159; 15047E000160;

GEORGIA LAWS 2012 SESSION

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15047E000161; 15047E000162; 15047E000163; 15047E000164; 15047E000165; 15047E000166; 15047E000167; 15047E000168; 15047E000169; 15047E000170; 15047F000001; 15047F000002; 15047F000003; 15047F000004; 15047F000005; 15047F000006; 15047F000007; 15047F000008; 15047F000009; 15047F000010; 15047F000011; 15047F000012; 15047F000013; 15047F000014; 15047F000015; 15047F000016; 15047F000017; 15047F000018; 15047F000019; 15047F000020; 15047F000021; 15047F000022; 15047F000023; 15047F000024; 15047F000025; 15047F000026; 15047F000027; 15047F000028; 15047F000029; 15047F000030; 15047F000031; 15047F000032; 15047F000033; 15047F000034; 15047F000035; 15047F000036; 15047F000037; 15047F000038; 15047F000039; 15047F000040; 15047F000041; 15047F000042; 15047F000043; 15047F000044; 15047F000045; 15047F000046; 15047G000001; 15047G000002; 15047G000003; 15047G000004; 15047G000005; 15047G000006; 15047G000007; 15047G000008; 15047G000009; 15047G000010; 15047G000011; 15047G000012; 15047G000013; 15047G000014; 15047G000015; 15047G000016; 15047G000017; 15047G000018; 15047G000019; 15047G000020; 15047G000021; 15047G000022; 15047G000023; 15047G000024; 15047G000025; 15047G000026; 15047G000027; 15047G000028; 15047G000029; 15047G000030; 15047G000031; 15047G000032; 15047G000033; 15047G000034; 15047G000035; 15047G000036; 15047G000037; 15047G000038; 15047G000039; 15047G000040; 15047G000041; 15047G000042; 15047G000043; 15047G000044; 15047G000045; 15047G000046; 15047G000047; 15047G000048; 15047G000049; 15047G000050; 15047G000051; 15047G000052; 15047G000053; 15047G000054; 15047G000055; 15047G000056; 15047G000057; 15047G000058; 15047G000059; 15047G000060; 15047G000061; 15047G000062; 15047G000063; 15047H000001; 15047H000002; 15047H000003; 15047H000004; 15047H000005; 15047H000006; 15047H000007; 15047H000008; 15047H000009; 15047H000010; 15047H000011; 15047H000012; 15047H000013; 15047H000014; 15047H000015; 15047H000016; 15047H000017; 15047H000018; 15047H000019; 15047H000020; 15047H000021; 15047H000022; 15047H000023; 15047H000024; 15047H000025; 15047H000026; 15047H000027; 15047H000028; 15047H000029; 15047H000030; 15047H000031; 15047H000032; 15047H000033; 15047H000034; 15047H000035; 15047H000036; 15047H000037; 15047H000038; 15047H000039; 15047H000040; 15047H000041; 15047H000042; 15047H000043; 15047H000044; 15047H000045; 15047H000046; 15047H000047; 15047H000048; 15047H000049; 15047H000050; 15048000014; 15048000014A; 15048000021; 15048000021X; 15048000036; 15048000038; 15048000038A; 15048000038B; 15048000039; 15048000039B; 15048000149; 15048000167; 15048000176; 15048000177; 15048000178; 15048000184; 15048000186; 15048000189; and 15048000192."

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

5144

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

In accordance with O.C.G.A. 28-4-14(a), notice is hereby given that there will be introduced at the regular 2012 session of the Georgia General Assembly an Act to amend the municipal charter of the City of Flowery Branch. The charter amendment will update the description of the corporate limits of Flowery Branch, Georgia.

Emory Dunahoo, Jr. Representative 25th House District

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Emory Dunahoo, Jr., 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 9, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

s/ EMORY DUNAHOO, JR. Emory Dunahoo, Jr. Representative, District 25

Sworn to and subscribed before me, this 14th day of February 2012.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires Aug. 14, 2015 (SEAL)

Approved April 11, 2012.

__________

GEORGIA LAWS 2012 SESSION
TOWN OF BRASELTON TOWN OF BRASELTON COMMUNITY IMPROVEMENT DISTRICT; GRANTS.

5145

No. 514 (House Bill No. 1129).

AN ACT

To amend an Act creating the Town of Braselton Community Improvement District, approved May 29, 2007 (Ga. L. 2007, p. 4100), so as to allow the district to apply for, receive, administer, or utilize grants from federal, state, county, or municipal governments or agencies or any other public sources under certain conditions; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating the Town of Braselton Community Improvement District, approved May 29, 2007 (Ga. L. 2007, p. 4100), is amended by revising paragraph (8) of subsection (a) of Section 10, to read as follows:
"(8) Make application directly or indirectly to any private source for loans, grants, guarantees, or other financial assistance in furtherance of the district's public purposes and to accept and use the same upon such terms and conditions as are prescribed by such private source. The district and the board shall have the power to apply for, receive, administer, or utilize grants from federal, state, county, or municipal governments or agencies or any other public sources, provided that the Town of Braselton consents to such grant through approval of its town council;"

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
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 2012 session of the General Assembly of Georgia a bill to amend Section 10(a)(8) of the Town of Braselton Community Improvement District Act , 2007 Ga. L. 4100 et seq., to allow

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

the District to apply for, receive, administer, or utilize grants from federal, state, county, or municipal governments or agencies or any other public sources, under certain conditions; and to provide for applicability; to provide effective dates; to repeal conflicting laws; and for other purposes.

This 10th day of January, 2012.

CHANDLER, BRITT, JAY & BECK, LLC TOWN ATTORNEYS

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terry England, who on oath deposes and says that he is the Representative from District 108 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Times which is the official organ of Hall County on January 18, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

s/ TERRY ENGLAND Terry England Representative, District 108

Sworn to and subscribed before me, this 16th day of February 2012.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2015 (SEAL)

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Pursuant to Article III, Section V, Paragraph IX of the Constitution of the State of Georgia of 1983 and O.C.G.A. 28-1-14, notice is given that there will be introduced at the regular 2012 session of the General Assembly of Georgia a bill to amend Section 10(a)(8) of the Town of Braselton Community Improvement District Act , 2007 Ga. L. 4100 et seq., to allow the District to apply for, receive, administer, or utilize grants from federal, state, county, or municipal governments or agencies or any other public sources, under certain conditions; and to provide for applicability; to provide effective dates; to repeal conflicting laws; and for other purposes.

GEORGIA LAWS 2012 SESSION This 10th day of January, 2012.

5147

CHANDLER, BRITT, JAY & BECK, LLC TOWN ATTORNEYS

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terry England, who on oath deposes and says that he is the Representative from District 108 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 18, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

s/ TERRY ENGLAND Terry England Representative, District 108

Sworn to and subscribed before me, this 17th day of February 2012.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2015 (SEAL)

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Pursuant to Article III, Section V, Paragraph IX of the Constitution of the State of Georgia of 1983 and O.C.G.A. 28-1-14, notice is given that there will be introduced at the regular 2012 session of the General Assembly of Georgia a bill to amend Section 10(a)(8) of the Town of Braselton Community Improvement District Act , 2007 Ga. L. 4100 et seq., to allow the District to apply for, receive, administer, or utilize grants from federal, state, county, or municipal governments or agencies or any other public sources, under certain conditions; and to provide for applicability; to provide effective dates; to repeal conflicting laws; and for other purposes.

This 10th day of January, 2012.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

CHANDLER, BRITT, JAY & BECK, LLC TOWN ATTORNEYS

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terry England, who on oath deposes and says that he is the Representative from District 108 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 18, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

s/ TERRY ENGLAND Terry England Representative, District 108

Sworn to and subscribed before me, this 17th day of February 2012.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2015 (SEAL)

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Pursuant to Article III, Section V, Paragraph IX of the Constitution of the State of Georgia of 1983 and O.C.G.A. 28-1-14, notice is given that there will be introduced at the regular 2012 session of the General Assembly of Georgia a bill to amend Section 10(a)(8) of the Town of Braselton Community Improvement District Act , 2007 Ga. L. 4100 et seq., to allow the District to apply for, receive, administer, or utilize grants from federal, state, county, or municipal governments or agencies or any other public sources, under certain conditions; and to provide for applicability; to provide effective dates; to repeal conflicting laws; and for other purposes.

This 10th day of January, 2012.

CHANDLER, BRITT, JAY & BECK, LLC TOWN ATTORNEYS

GEORGIA LAWS 2012 SESSION GEORGIA, FULTON COUNTY

5149

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terry England, who on oath deposes and says that he is the Representative from District 108 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Barrow Journal which is the official organ of Barrow County on January 18, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

s/ TERRY ENGLAND Terry England Representative, District 108

Sworn to and subscribed before me, this 17th day of February 2012.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2015 (SEAL)

Approved April 11, 2012.

__________

GWINNETT COUNTY RECORDER'S COURT; CLERK; COMPENSATION.

No. 515 (House Bill No. 1142).

AN ACT

To amend an Act to create and establish for and in the County of Gwinnett a court to be known as the Recorder's Court of Gwinnett County, approved March 27, 1972 (Ga. L. 1972, p. 3125), as amended by an Act approved March 5, 1987 (Ga. L. 1987, p. 3765), so as to change provisions relating to the clerk's compensation; 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:

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 1. An Act to create and establish for and in the County of Gwinnett a court to be known as the Recorder's Court of Gwinnett County, approved March 27, 1972 (Ga. L. 1972, p. 3125), as amended by an Act approved March 5, 1987 (Ga. L. 1987, p. 3765), is amended by revising Section 8 as follows:

"SECTION 8. Clerk; Duties; Bond and compensation.

The clerk of said recorder's court shall be appointed by the chief judge of the Superior Court of Gwinnett County and the chief judge of the State Court of Gwinnett County, whose duty it shall be to keep a record of all proceedings of said court, to collect all costs, fines and forfeitures, and to remit same by the fifteenth day of the following month to the director of finance of Gwinnett County or such other person as may be designated by the governing authority of Gwinnett County, for deposit in the county depository, as general funds of Gwinnett County. The clerk shall further be authorized and empowered to issue summons, subpoenas, rules to forfeit bonds, and such other similar rules as may be by law authorized. The clerk shall be bonded to Gwinnett County in the sum of $5,000.00 for the faithful performance of the duties of office and for the accounting for all funds coming into the possession of the clerk by virtue of the office and to insure the county against loss of any such funds and said bond premium to be paid from county funds as an expense of said court. The clerk may appoint a sufficient number of deputy clerks as may be needed, who shall give bond in like manner as the clerk. The clerk shall receive as compensation for services a salary which shall be determined by applying the classification system that is used to determine the pay grade for management positions in Gwinnett County to the clerk's position. Compensation for services shall be paid by the governing authority of Gwinnett 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 2012 session of the General Assembly of Georgia a bill to amend an Act to create and establish for and in the County of Gwinnett a court to be known as the Recorder's Court of Gwinnett County, approved March 27, 1972 (Ga. L. 1972, p. 3125), as amended by an Act approved March 5, 1987

GEORGIA LAWS 2012 SESSION

5151

(Ga. L. 1987, p. 3765), so as to change provisions relating to the clerk's compensation; to provide for related matters; to provide for an effective date; to repeal conflicting laws; 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 February 16, 2012, 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 21st day of February 2012.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires Aug. 14, 2015 (SEAL)

Approved April 11, 2012.

__________

HARALSON COUNTY COUNTY TREASURER; ABOLISH.

No. 516 (House Bill No. 1148).

AN ACT

To abolish the office of county treasurer of Haralson County; to repeal an Act entitled "An Act to fix the salary of the Treasurer of Haralson County," approved August 16, 1915

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(Ga. L. 1915, p. 258); 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. Pursuant to the provisions of Code Section 36-6-1 of the O.C.G.A., the office of treasurer of Haralson County is abolished.

SECTION 2. An Act entitled "An Act to fix the salary of the Treasurer of Haralson County," approved August 16, 1915 (Ga. L. 1915, p. 258), and all amendatory Acts thereto, are repealed.

SECTION 3. This Act shall become effective on January 1, 2013.
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 2012 session of the General Assembly of Georgia a bill to abolish the office of county treasurer of Haralson County; to repeal an Act entitled "An Act to fix the salary of the Treasurer of Haralson County," approved August 16, 1915 (GA L. 1915, p. 258); to provide for an effective date; and for other purposes.
Representative Howard Maxwell, District 17
The Haralson County Board of Commissioners voted unanimously, at a regular meeting, on June 7, 2011 to abolish the position of Treasurer of Haralson County. This will save the county approximately $23,000 per year.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Howard Maxwell, who on oath deposes and says that he is the Representative from District 17 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Haralson Gateway Beacon which is the official organ

GEORGIA LAWS 2012 SESSION

5153

of Haralson County on February 16, 2012, 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 22nd day of February 2012.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia

My Commission Expires Aug. 25, 2015 (SEAL)

Approved April 11, 2012.

__________

CITY OF MILTON CITY OF MILTON PUBLIC BUILDINGS AND FACILITIES AUTHORITY; AUTHORIZE CITY COUNCILMEMBERS TO BE APPOINTED TO AUTHORITY.

No. 517 (House Bill No. 1154).

AN ACT

To amend an Act to create the City of Milton Public Buildings and Facilities Authority, approved May 29, 2007 (Ga. L. 2007, p. 4264), so as to authorize city councilmembers to be appointed to 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 to create the City of Milton Public Buildings and Facilities Authority, approved May 29, 2007 (Ga. L. 2007, p. 4264), is amended by revising subsection (b) of Section 2 as follows:
"(b) The authority shall consist of seven members who shall be appointed by the mayor and city council of Milton in accordance with this subsection. The mayor and each

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

member of the city council shall appoint a member to the authority. City councilmembers may be appointed members of the authority. The members of the authority shall serve terms of office concurrent with the term of the persons who appointed them and until a successor is appointed and qualified. Immediately after such appointments, the members of the authority shall enter upon their duties. To be eligible for appointment as a member of the authority, a person shall be at least 21 years of age, shall be a resident of the City of Milton, Georgia, for at least one year prior to the date of his or her appointment, and shall not have been convicted of a felony. The member appointed by the mayor may reside anywhere within the corporate limits of the city, but a member appointed by a councilmember shall reside in such councilmember's district. Any member of the authority may be selected and appointed to succeed himself or herself."

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 2012 session of the General Assembly of Georgia a bill to amend an Act entitled "An Act to create the City of Milton Public Buildings and Facilities Authority and to provide for the appointment of members of that authority," approved May 29, 2007 (Ga. L. 2007, p. 4264); and for other purposes.

Representative Jan Jones District 46

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jan Jones, who on oath deposes and says that she is the Representative from District 46 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Daily Report which is the official organ of Fulton County on February 16, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

s/ JAN JONES Jan Jones Representative, District 46

GEORGIA LAWS 2012 SESSION
Sworn to and subscribed before me, this 17th day of February 2012.

5155

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires Aug. 14, 2015 (SEAL)

Approved April 11, 2012.

__________

COLUMBIA COUNTY BOARD OF COMMISSIONERS; TERM LIMITS; REFERENDUM.

No. 518 (House Bill No. 1167).

AN ACT

To amend an Act creating a new Board of Commissioners of Columbia County, approved March 21, 1980 (Ga. L. 1980, p. 3707), as amended, so to provide for term limits for the chairperson and commission members; to provide for related matters; to provide for a referendum; to provide for contingent effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating a new Board of Commissioners of Columbia County, approved March 21, 1980 (Ga. L. 1980, p. 3707), as amended, is amended by adding a new subsection to Section 2 to read as follows:
"(d) On and after January 1, 2013, neither the chairperson nor any member of the commission shall succeed himself or herself in office more than once."

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Columbia County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Columbia County for approval or rejection. The election superintendent shall conduct that election on the Tuesday after the first Monday in November in 2012 and shall issue the call and conduct that election as provided by general law. The election superintendent shall cause the date and purpose of

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Columbia County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which places term limits on the chairperson and ( ) NO members of the Board of Commissioners of Columbia County?"
All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then this Act shall become effective on January 1, 2013. If more than one-half of the votes cast on such question are for rejection of the Act or the number of votes cast for approval and the number of votes cast for rejection are equal, 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 Columbia County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

SECTION 3. The Board of Commissioners of Columbia 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, not later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.

SECTION 4. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2012 session of the General Assembly of Georgia a bill to amend an Act creating the board of commissioners of Columbia County, approved March 21, 1980 (Ga. L. 1980, p. 3699), as amended, so as to provide for manner of election and terms of office and number of terms of members of the board; to provide for related matters; to provide for a referendum; to repeal conflicting laws; and for other purposes.

GEORGIA LAWS 2012 SESSION GEORGIA, FULTON COUNTY

5157

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben Harbin, who on oath deposes and says that he is the Representative from District 118 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Columbia County News-Times which is the official organ of Columbia County on February 8, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

s/ BEN HARBIN Ben Harbin Representative, District 118

Sworn to and subscribed before me, this 23rd day of February 2012.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2015 (SEAL)

Approved April 11, 2012.

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COBB COUNTY MAGISTRATE COURT; LAW LIBRARY FEES.

No. 519 (House Bill No. 1177).

AN ACT

To amend an Act providing for the Magistrate Court of Cobb County, approved March 24, 1988 (Ga. L. 1988, p. 4451), as amended, so as to provide for the collection of law library fees; 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 for the Magistrate Court of Cobb County, approved March 24, 1988 (Ga. L. 1988, p. 4451), as amended, is amended by adding a new section to read as follows:

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"Section 2A. In addition to all other legal costs, a fee not to exceed $5.00 shall be charged and collected as law library fees for each case filed in the Magistrate Court of Cobb County. The chief magistrate or, if so designated by the chief magistrate, the clerk of the magistrate court shall collect the law library fees authorized by this section and shall remit such fees to the treasurer of the board of trustees of the Cobb County law library on or before the tenth day of the month immediately following the month in which such fees are collected. The amount of such fees shall be determined by the chief judge of the Superior Court of Cobb County. As used in this section, the term 'case' means any civil or criminal matter which is docketed upon the official docket of the Magistrate Court of Cobb County and to which a number is assigned whether such matter is consented or not."

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 of the intent to introduce at the January 2012 session of the General Assembly of the State of Georgia a bill to be entitled an act to provide for the collection of additional fees in cases before the Magistrate Court of Cobb County as law library fees; to provide for the amount of such fees; to provide for practices and procedures relating to the collection and remittance of such fees; to provide an effective date; to repeal conflicting laws; and for other purposes.
THE BOARD OF TRUSTEES OF THE COBB COUNTY LAW LIBRARY
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Earl Ehrhart, who on oath deposes and says that he is the Representative from District 36 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County on February 24, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

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s/ EARL EHRHART Earl Ehrhart Representative, District 36

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Sworn to and subscribed before me, this 27th day of February 2012.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2015 (SEAL)

Approved April 11, 2012.

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TOWN OF MORELAND MAYOR AND ALDERMEN; TERMS OF OFFICE; MANNER OF ELECTION; REFERENDUM.

No. 520 (House Bill No. 1184).

AN ACT

To amend an Act creating a new charter for the Town of Moreland, approved March 28, 1985 (Ga. L. 1985, p. 5053), as amended, particularly by an Act approved March 30, 1993 (Ga. L. 1993, p. 4213), so as to change the terms and dates of election of the mayor and aldermen; to provide for a referendum; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating a new charter for the Town of Moreland, approved March 28, 1985 (Ga. L. 1985, p. 5053), as amended, particularly by an Act approved March 30, 1993 (Ga. L. 1993, p. 4213), is amended by revising subsection (a) of Section 2.02 as follows:
"(a) For purposes of electing the aldermen, the Town of Moreland shall have four numbered posts, each of which shall encompass the entire Town of Moreland. Persons

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seeking office as alderman shall designate the post which he or she is seeking at the time of qualification. (b) Beginning with the calendar year 2013, and quadrennially thereafter, an election shall be conducted on the Tuesday next following the first Monday in November to elect the mayor and the aldermen representing Posts 1 and 2. Beginning with the calendar year 2015, and quadrennially thereafter, an election shall be conducted on the Tuesday next following the first Monday in November to elect the aldermen representing Posts 3 and 4. The mayor and two aldermen elected in November, 2010, shall serve until December 31, 2013, and until their successors are duly elected and qualified. The two aldermen elected in November, 2011, shall serve until December 31, 2015, and until their successors are duly elected and qualified. Thereafter, successors shall be elected at the municipal general election held immediately prior to the expiration of their terms and shall serve terms of four years and until their successors are duly elected and qualified. At the first regular meeting of the mayor and aldermen in each year, they shall elect one of their number to serve as mayor pro tempore."

SECTION 2. This Act is enacted pursuant to the authority provided for in Code Section 1-3-11 of the Official Code of Georgia Annotated.

SECTION 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the Town of Moreland shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Town of Moreland for approval or rejection. The election superintendent shall conduct that election at the time of the general primary in 2012 , 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 Coweta County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act be approved which provides for four-year staggered terms of office for the mayor and aldermen of the Town of Moreland and to lengthen the terms of office for the mayor and two aldermen elected in November, 2010, from two to three years and to lengthen the terms of the two aldermen elected in November, 2011, from two to four years?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election

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date. The expense of such election shall be borne by the Town of Moreland. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2012 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the Town of Moreland, approved March 28, 1985, (Ga. L. 1985, p. 5053), as amended, and for other purposes.

This 24th day of February, 2012.

Billy Horne Representative, District 71

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Billy Horne, who on oath deposes and says that he is the Representative from District 71 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Newan Times-Herald which is the official organ of Coweta County on February 25, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

s/ BILLY HORNE Billy Horne Representative, District 71

Sworn to and subscribed before me, this 27th day of February 2012.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires Aug. 14, 2015 (SEAL)

Approved April 11, 2012.

__________

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

No. 521 (House Bill No. 1185).

AN ACT

To provide a new charter for the City of Cochran; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a city manager, mayor, and mayor pro tempore or vice mayor and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for a 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 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.

The city and the inhabitants thereof are reincorporated by the enactment of this charter and is constituted and declared a body politic and corporate under the name and style Cochran, Georgia, and by that name shall have perpetual succession.

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SECTION 1.11. Corporate boundaries.

(a) The boundaries of this city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The boundaries of this city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the city clerk and to be designated, as the case may be: "Official Map (or Description) of the corporate limits of the City of Cochran, Georgia." Photographic, typed, or other copies of such map or description certified by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.

SECTION 1.12. Powers and construction.

(a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. These powers shall include, but not be limited to, the following:
(1) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder; (2) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (3) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; and to regulate all housing and building trades; (4) Business regulation and taxation. To levy and to provide for 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

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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; (13) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (14) Jail sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city; to provide for commitment of such persons to any jail; or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials;

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(15) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city; (16) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (17) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (18) Municipal property ownership. To acquire, dispose of, lease, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (19) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, cable television and other telecommunications, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties and to provide for the withdrawal of service for refusal or failure to pay the same; (21) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (22) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (23) Planning and zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to 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

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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 storage. To grant franchises or make contracts for or impose taxes on public utilities and public service companies and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission; (30) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (31) Retirement. To provide and maintain a retirement plan for officers and employees of the city; councilmembers shall receive ten percent of annual salary not to exceed ten years; (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, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and

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inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (37) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (38) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; (39) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (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.

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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 six councilmembers. The city council established in this charter shall in all respects be a successor to and continuation of the governing authority under prior law. The 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 councilmember unless that person shall have been a resident of the city for 12 months prior to the date of the election of members of the city council; each shall continue to reside within the boundaries of the district 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 occurrence of any event specified by the Constitution of the State of Georgia, Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted. (b) Filling of vacancies - A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, by appointment if less than 12 months remains in the unexpired term, otherwise by an election as provided for in Section 5.14 of this charter and in accordance with Titles 21 and 45 of the O.C.G.A., or such other laws as are or may hereafter be enacted.

SECTION 2.13. Compensation and expenses.

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

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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 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 the official'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 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 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.

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(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 mayor and no former councilmember shall hold any compensated appointive office in the city until one year after the expiration of the term for which that official was elected. (g) Political activities of certain officers and employees - No appointed officer of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. No employee of the city shall continue in such employment upon election to any public office in this city or any other public office which is inconsistent, incompatible, or in conflict with the duties of the city employee. Such determination shall be made by the 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) above, shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter.

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.

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

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

SECTION 2.17. Eminent domain.

The city council is hereby empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal, and medical institutions, agencies and facilities and any other public improvements inside or outside the city, and to regulate the use thereof, and for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future.

SECTION 2.18. Organizational meetings.

The city council shall hold an organizational meeting on the second Tuesday of January of each 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."

SECTION 2.19. Regular and special meetings.

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

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councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be made as fully as is reasonably possible as provided by Code Section 50-14-1 of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted.

SECTION 2.20. Rules of procedure.

(a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping of a journal of its proceedings, which shall be a public record. (b) All committees and its officers of the city council shall be appointed by the mayor. All other committees and committee members shall be appointed by the council with the chair of each committee selected by majority vote among its members. No committees or committee member may be appointed or removed unless by affirmative vote of four councilmembers.

SECTION 2.21. 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 member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of four councilmembers shall be required for the adoption of any ordinance, resolution, or motion. An abstention shall be counted as an affirmative vote.

SECTION 2.22. Ordinance form; procedures.

(a) Every proposed ordinance 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 Cochran..." 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

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ordinances provided for in Section 2.24. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate.

SECTION 2.23. Action requiring an ordinance.

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

SECTION 2.24. Emergencies.

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

SECTION 2.25. Codes of technical regulations.

(a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of Section 2.22(b) for distribution and filing of copies of the ordinance shall be construed to

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include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.26. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for inspection by the public.

SECTION 2.26. Signing; authenticating; recording; 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 Cochran, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city and made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.

SECTION 2.27. City manager; appointment; qualifications; compensation.

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

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SECTION 2.28. Removal of city manager.

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(a) The city council may remove the 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 manager from duty for a period not to exceed 90 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 at any time after the public hearing. (b) During any suspension of the city manager by the city council, the council shall have the option of suspension without pay.

SECTION 2.29. Acting city manager.

By letter filed with the city clerk, the manager shall designate, subject to approval of the city council, a qualified city administrative officer to exercise the powers and perform the duties of city manager during the manager's temporary absence or physical or mental disability. During such absence or disability, the city council may revoke such designation at any time and appoint another officer of the city to serve until the manager shall return or the manager's disability shall cease.

SECTION 2.30. Powers and duties of the city manager.

The city manager shall be the chief executive and administrative officer of the city. The manager shall be responsible to the city council for the administration of all city affairs placed in the manager's charge by or under this charter. As the chief 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 manager appoints, except as otherwise provided by law or personnel ordinances adopted pursuant to this charter. The manager may authorize any administrative officer who is subject to the

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manager's direction and supervision to exercise these powers with respect to subordinates in that officer's department, office, or agency; (2) Direct and supervise the administration of all departments, offices, and agencies of the city, except as otherwise provided by this charter or by law; (3) Attend all city council meetings, except for closed meetings held for the purposes of deliberating on the appointment, discipline, or removal of the city manager and have the right to take part in discussion but not vote; (4) See that all laws, provisions of this charter, and acts of the city council, subject to enforcement by the city manager or by officers subject to the city manager's direction and supervision, are faithfully executed; (5) Prepare and submit the annual operating budget and capital budget to the city council; (6) Submit to the city council and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year; (7) Make such other reports as the city council may require concerning the operations of city departments, offices, and agencies subject to the city manager's direction and supervision; (8) Keep the city council fully advised as to the financial condition and future needs of the city, and make such recommendations to the city council concerning the affairs of the city as the city manager deems desirable; 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, the city council or its members shall deal with city officers and employees who are subject to the direction and supervision of the manager solely through the manager, and neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately.

SECTION 2.32. Election of mayor.

The mayor shall be elected and serve for a term of four years and until a successor is elected and qualified. The mayor shall be a qualified elector of this city and shall have been a resident of the city for 12 months prior to the election. The mayor shall continue to reside in this city during the period of service. The mayor shall forfeit the office on the same grounds and under the same procedure as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers.

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SECTION 2.33. Powers and duties of mayor.

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The mayor shall: (1) Preside at all meetings of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes and be the official spokesperson for the city and the chief advocate of policy; (3) Have power to administer oaths and to take affidavits; (4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, and other instruments executed by the city which by law are required to be in writing; (5) Vote on matters before the city council only in the event of a tie; and (6) Not have the power of veto when a minimum of four councilmembers vote in the majority.

SECTION 2.34. Mayor pro tem.

By a majority vote, the city council shall elect a councilmember to serve as mayor pro tem. During the absence or physical or mental disability of the mayor for any cause, the mayor pro tem, or in the mayor pro tem's absence or disability for any reason, any one of the councilmembers chosen by a majority vote of the city council, shall be clothed with all the rights and privileges of the mayor and shall perform the duties of the office of the mayor so long as such absence or disability shall continue. Any such absence or disability shall be declared by majority vote of all councilmembers. The mayor pro tem or selected councilmember shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest as provided in Section 2.14. The mayor pro tem shall serve a term of one year and shall not succeed himself.

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.

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(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, ordinance, or this charter.

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 majority vote of the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (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. The mayor and councilmembers may serve in an honorary or ex-officio position. (e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until that person has executed and filed with the clerk of the city an oath obligating himself to faithfully and impartially perform the duties of that member's office, such oath to be prescribed by ordinance and administered by the mayor. (g) All board members serve at will and may be removed at any time by a vote of four members of the city council unless otherwise provided by law. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as 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

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

SECTION 3.13. City clerk.

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

SECTION 3.14. Position classification and pay plans.

The city 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.

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SECTION 3.15. Personnel policies.

(a) All appointive officers, department heads, and directors are employees that serve at will and may be removed from office or any other position by a vote of four councilmembers except where otherwise required by law or the city's personnel policy manual. (b) All other employees may be removed from any position at any time in accordance with the city's personnel policy manual unless otherwise required by law.

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 Cochran.

SECTION 4.11. Chief judge; assistant 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 25 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 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.

SECTION 4.12. Convening.

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

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SECTION 4.13. Jurisdiction; powers.

(a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $500.00 or 15 days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $300.00 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. (i) Any defendant in the municipal court that qualifies and requests to be represented by a public defender shall immediately have his case forwarded to the Superior Court of Bleckley County.

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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 Bleckley 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 the "Georgia Election Code," Chapter 2 of Title 21 of the O.C.G.A., of as now or hereafter amended.

SECTION 5.11. Election of 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.

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.

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SECTION 5.13. Election by plurality vote.

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

SECTION 5.14. Special elections; vacancies.

In the event that the office of councilmember shall become vacant as provided in Section 2.12 of this charter, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within 12 months of the expiration of the term of that office, the city council or those members remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with the "Georgia Election Code," Chapter 2 of Title 21 of the O.C.G.A., 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 the "Georgia Election Code," Chapter 2 of Title 21 of the O.C.G.A.

SECTION 5.16. Removal of officers.

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

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(2) By an order of the Superior Court of Bleckley County following a hearing on a complaint seeking such removal brought by any resident of the City of Cochran.

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.

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.

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SECTION 6.14. Franchises.

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(a) The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted for a period in excess of 25 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.

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.

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SECTION 6.17. 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 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 must repay such loans not later than December 31 of each year, unless otherwise provided by law.

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SECTION 6.22. Lease-purchase contracts.

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

SECTION 6.23. Fiscal year.

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

SECTION 6.24. Preparation of budgets.

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

SECTION 6.25. Submission of operating budget to city council.

On or before a date fixed by the city council but not later than 45 days prior to the beginning of each fiscal year, the city manager shall submit to the city council a proposed operating budget for the ensuing fiscal year. 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 hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.

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SECTION 6.26. 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 fifteenth day of August of each year. If the city council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.24. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotment thereof to which it is chargeable.

SECTION 6.27. Tax levies.

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

SECTION 6.28. Changes in appropriations.

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

GEORGIA LAWS 2012 SESSION
SECTION 6.29. Capital budget.

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(a) On or before the date fixed by the city council, but not later than 45 days prior to the beginning of each fiscal year, the 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 2.24. (b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than the fifteenth day of August of each year. No appropriation provided for in a prior capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the city manager may submit amendments to the capital budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance.

SECTION 6.30. Audits.

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

SECTION 6.31. Contracting procedures.

No contract with the city shall be binding on the city unless: (1) It is in writing; (2) It is drawn by or submitted and reviewed by the city attorney and, as a matter of course, is signed by the city attorney to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 2.21.

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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 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 2012 SESSION
SECTION 7.11. Existing ordinances, resolutions, rules, and regulations.

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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 2.26 is accomplished.

SECTION 7.12. Existing personnel and officers.

Except as specifically provided otherwise by this charter, all personnel and officers of this city and their rights, privileges, and powers shall continue beyond the time this charter takes effect for a period of 60 days before or during which time the existing city council shall pass a transition ordinance detailing the changes in personnel and appointed officers required or desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition.

SECTION 7.13. Pending matters.

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

SECTION 7.14. Construction.

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

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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 entitled "An Act to provide a new charter for the City of Cochran," approved April 19, 2000, and all amendatory Acts thereto, are repealed.

SECTION 7.17. General repealer.

All acts of any kind previously taken by any person or body affecting the charter of the City of Cochran are hereby repealed in their entirety. All other laws and parts of laws in conflict with this charter are hereby repealed.

SECTION 7.18. Effective date.

This charter shall become effective on the date approved by the Governor of the State of Georgia.

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2012 session of the General Assembly of Georgia a bill to provide a new charter for the City of Cochran; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a city manager, mayor, and mayor pro tempore or vice mayor and certain duties, powers, and other matters relative

GEORGIA LAWS 2012 SESSION

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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 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, Jimmy Pruett, who on oath deposes and says that he is the Representative from District 144 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Cochran Journal which is the official organ of Bleckley County on February 21, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

s/ JIMMY PRUETT Jimmy Pruett Representative, District 144

Sworn to and subscribed before me, this 23rd day of February 2012.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires Aug. 14, 2015 (SEAL)

Approved April 11, 2012.

__________

5194

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II OAK GROVE CEMETERY AUTHORITY CREATE.

No. 522 (House Bill No. 1188).

AN ACT

To create the Oak Grove Cemetery Authority; to provide for its purposes, funding, responsibilities, jurisdiction, membership, meetings, records, filling of vacancies, powers and duties, and application of conflicts of interest and ethics provisions; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Creation of authority.

There is created the Oak Grove Cemetery 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 shall have perpetual existence.

SECTION 2. Purpose of authority.

The purpose of the authority shall be to oversee the care and preservation of the cemetery for the City of St. Marys by creating a trust fund for the purpose of providing for the cemetery's maintenance, repair, and preservation in perpetuity; to raise funds and accept donations for such care and other special projects to enhance the cemetery; and to monitor conditions at the cemetery to ensure that it is kept in good condition.

SECTION 3. Definitions.

As used in this Act, the term: (1) 'Authority' means the Oak Grove Cemetery Authority created by this Act. (2) 'Cemetery' means the Oak Grove Cemetery in St. Marys, Georgia, and any additional property purchased by the City of St. Marys adjacent to such cemetery for the purpose of burials. (3) 'Mayor and council' means the mayor and council of the City of St. Marys.

GEORGIA LAWS 2012 SESSION
SECTION 4. Jurisdiction.

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The authority shall have jurisdiction over the Oak Grove Cemetery and any additional property purchased by the City of St. Marys adjacent to the Oak Grove Cemetery for the purpose of burials.

SECTION 5. Authority membership.

The authority shall be composed of five members appointed by the mayor and council of the City of St. Marys. The initial appointments shall be made no later than June 30, 2012. The initial appointees shall take office on July 1, 2012. In making the initial appointments, the mayor and council of the City of St. Marys shall appoint one member to a term of office ending on December 31, 2013, and until his or her successor is selected and qualified; two members to terms of office ending on December 31, 2014, and until their respective successors are selected and qualified; and two members to terms of office ending December 31, 2015, and until their respective successors are selected and qualified. Thereafter, a successor to each member shall be appointed not later than December 31 of the year immediately preceding the end of such member's term of office, shall take office on January 1 following such appointment, and shall serve terms of three years and until his or her successor is selected and qualified. A member shall not be eligible to succeed himself or herself after serving two full three-year terms of office. In making such appointments, the mayor and council shall, to the extent available and consistent with their discretion, give preference in their appointments to persons from the professional disciplines of financial investment, historic preservation, mortuary science, accounting, and the ministry. All persons appointed shall be residents of the City of St. Marys and shall remain residents throughout their terms of office.

SECTION 6. Vacancies.

(a) A member's position on the authority shall be vacated by failure to attend three consecutive meetings of the authority unless such member is excused in writing by the chairperson for good cause shown. (b) Vacancies shall be filled by appointment by the mayor and council for the unexpired term of the member whose position on the authority has been vacated.

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SECTION 7. Chairperson, vice chairperson, and secretary-treasurer.

At its initial meeting and at the first meeting of each calendar year, the authority shall elect from among its members a chairperson, vice chairperson, and secretary-treasurer.

SECTION 8. Meetings.

The authority shall meet not less than quarterly in regular meetings or in special meetings upon call of the chairperson or two members of the authority to monitor the financial investments of the authority and to discuss conditions in the cemetery which need to be addressed. Three members of the authority shall constitute a quorum. All meetings shall be conducted in accordance with Chapter 14 of Title 50 of the O.C.G.A. Minutes of all meetings of the authority shall be kept and filed with the city clerk of the City of St. Marys.

SECTION 9. Financial report.

A financial report shall be made annually by the authority to the mayor and council of the City of St. Marys at a time designated by the mayor and council.

SECTION 10. Conflicts of interest and ethics.

The members of the authority shall be subject to the St. Marys ethics ordinance in the same manner as the mayor and members of the mayor and council.

SECTION 11. Powers.

The authority shall have the power: (1) To contract with other entities, including the City of St. Marys, and be contracted with to provide regular maintenance and repairs of the cemetery; to lay out, sell, and record lots; to supervise burials; and to generally provide all operations necessary to keep the cemetery in good order; (2) To hire professionals when needed for matters requiring outside expertise on technical subjects regarding the cemetery's care; (3) To monitor conditions at the cemetery and notify the mayor and council when the cemetery is not in good condition;

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(4) To receive donations, grants, and funds from various sources and to ensure that those funds are used prudently to improve or maintain the cemetery in the manner specified by the donors or grantors; (5) To seek state and federal funds for cemetery preservation for conducting educational programs and the enhancement of the grounds, for signage to encourage tourism, and for any other benefit to the cemetery as deemed necessary by the authority; (6) To raise funds for special needs and projects for the cemetery; (7) To establish, with the approval of the mayor and council, other burial alternatives such as mausoleums, scattering fields for ashes, and columbaria, in order to increase income to care for the cemetery or for other projects to enhance the cemetery for the visiting public; (8) To participate in private, city, state, and federal historic preservation programs in the City of St. Marys; (9) To work with the St. Marys Historic Preservation Commission to preserve the historic and aesthetic values of the cemetery; (10) To adopt rules of operation for the authority; (11) To create and adopt an investment policy to provide for the safety of the funds held by the authority; and (12) To decide upon and adopt a method of assessing the performance of the investments chosen to increase the funds held by the authority.

SECTION 12. Funding.

A portion of the proceeds from the sale of each burial lot in the cemetery for the City of St. Marys, to be not less than one-half of the proceeds from each such lot, shall be deposited in trust with the authority in an account held by the authority and designated solely for the care of the cemetery in accordance with the purposes of the authority as specified in Section 2 of this Act. The authority shall have the power to invest such funds subject only to a general duty of fiduciary responsibility. The authority shall be authorized to make prudent investments without being limited to those investments allowed to municipalities under Georgia law.

SECTION 13. Distribution of investment income.

As the City of St. Marys' income from lot sales diminishes, an increasing portion of the authority's annual investment income shall be used to replace it until such time as the entire expense of the cemetery's maintenance and care is paid from authority funds. No uses for authority funds, including investment income, shall be made other than those set forth in this Act. The principal amount held in the authority's care shall remain intact and at no time shall

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any part of it be used for any purpose, except in the case of emergency damage occurring to the cemetery property itself, such as extreme storm damage or vandalism.

SECTION 14. Responsibilities of the City of St. Marys.

The authority shall contract with the City of St. Marys to provide the maintenance and operations services of the cemetery in exchange for all or part of the annual investment income generated by the principal of the funds held by the authority. Annually, the amount of payment from the authority to the city shall be determined by comparing the investment income of the funds held by the authority and the records of expenses incurred by the city to operate the cemetery.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2012 session of the General Assembly of Georgia a bill to create the Oak Grove Cemetery Authority; to provide for its purposes, funding, responsibilities, jurisdiction, membership, meetings, records, filling of vacancies, powers and duties, and application of conflicts of interest and ethics provisions; to provide for related matters; to repeal conflicting laws; and for other purposes.
(s) Jason Spencer, 180th 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 February 24, 2012, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JASON SPENCER Jason Spencer Representative, District 180

GEORGIA LAWS 2012 SESSION
Sworn to and subscribed before me, this 28th day of February 2012.

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s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2015 (SEAL)

Approved April 11, 2012.

__________

CITY OF LAVONIA HOTEL/MOTEL TAX.

No. 523 (House Bill No. 1191).

AN ACT

To authorize the governing authority of the City of Lavonia 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 Lavonia is authorized to levy an excise tax at a rate not to exceed 8 percent of the charge for the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the municipality for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly or periodically furnished for value.

SECTION 2. The enactment of this Act is subsequent to the adoption of a resolution of the governing authority of the City of Lavonia on February 6, 2012, which specifies the subsequent tax rate, identifies the projects or tourism product development purposes, and specifies the allocation of proceeds.

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SECTION 3. In accordance with the terms of such resolution adopted by the mayor and council of the City of Lavonia:
(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 Lavonia or by such other entity already authorized to administer tourism funds pursuant to an existing contract as specified in paragraph (2) of subsection (e) of Code Section 48-13-51 of the O.C.G.A.; and (2) The remaining amount of taxes collected that exceed the amount of taxes that would be collected at the rate of 5 percent which are not otherwise expended under paragraph (1) of this section shall be expended for tourism product development.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION FOR HOTEL/MOTEL TAX INCREASE
Notice is given that there will be submitted for consideration at the regular 2012 session of the General Assembly of Georgia a bill to authorize the governing authority of the City of Lavonia to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; and for other purposes as authorised by law.
This 8th day of February, 2012.
/s/ Ralph Owens Mayor, City of Lavonia
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Alan Powell, who on oath deposes and says that he is the Representative from District 29 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Franklin County Citizen which is the official organ of Franklin County on February 16, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

GEORGIA LAWS 2012 SESSION
s/ ALAN POWELL Alan Powell Representative, District 29

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Sworn to and subscribed before me, this 28th day of February 2012.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires Aug. 14, 2015 (SEAL)

Approved April 11, 2012.

__________

MONROE COUNTY MONROE COUNTY PUBLIC FACILITIES AUTHORITY; REMOVE LIMITATIONS ON REVENUE BONDING AUTHORITY.

No. 524 (House Bill No. 1193).

AN ACT

To amend an Act entitled "Monroe County Public Facilities Authority Act," approved May 14, 2008 (Ga. L. 2008, p. 4432), so as to repeal certain provisions limiting such authority's authority to issue revenue bonds to four years; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Act entitled "Monroe County Public Facilities Authority," approved May 14, 2008 (Ga. L. 2008, p. 4432), is amended by revising paragraphs (12) and (16) of Section 4 as follows:
"(12) To borrow money for any of its corporate purposes and to issue revenue bonds, notes, or other types of indebtedness payable solely from funds or revenues of the authority pledged for that purpose and to pledge and assign any of its revenues, income, rent, charges, and fees to provide for the payment of the same and to provide for the rights of the holders of such revenue bonds;"

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"(16) To issue its revenue bonds, notes, or other obligations to finance or refinance any project which may be financed by the county under the Revenue Bond Law of the State of Georgia."

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 2012 session of the General Assembly of Georgia a bill to amend an Act entitled "Monroe County Public Facilities Authority Act," approved May 14, 2008 (GA. L. 2008, p. 4432); 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 Monroe County Reporter which is the official organ of Monroe County on February 22, 2012, 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 24th day of February 2012.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires Aug. 14, 2015 (SEAL)

Approved April 11, 2012.

__________

GEORGIA LAWS 2012 SESSION CHATTOOGA COUNTY COMMISSIONER; COMPENSATION.

5203

No. 525 (House Bill No. 1195).

AN ACT

To amend an Act creating the office of commissioner of Chattooga County, approved March 6, 1956 (Ga. L. 1956, p. 2899), as amended, particularly by an Act approved March 20, 1990 (Ga. L. 1990, p. 4002), so as to revise the compensation of the commissioner of Chattooga 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 office of commissioner of Chattooga County, approved March 6, 1956 (Ga. L. 1956, p. 2899), as amended, particularly by an Act approved March 20, 1990 (Ga. L. 1990, p. 4002), is amended by revising Section 5 as follows:

"SECTION 5. (a) The annual salary of the commissioner shall be established at an amount equal to 105 percent of the annual salary of the highest paid elected county officer of Chattooga County in office on the effective date of this section or $75,000.00, whichever is greater. Such annual salary shall be paid in equal monthly installments from the funds of Chattooga County. Such salary shall not be diminished during the commissioner's tenure in office. (b) The amounts provided in subsections (a) and (c) of this section shall be increased by multiplying said amounts by a percentage which equals 5 percent times the number of consecutive completed four-year terms of office served by the commissioner after December 31, 2012, effective the first day of January following the completion of each such period of service. (c) In the event that the commissioner leaves office and a new commissioner takes office, the new commissioner's annual salary shall be established at 105 percent of the annual salary of the highest paid elected county officer of Chattooga County then in office or $75,000.00, whichever is greater, and such commissioner shall be eligible for the additional amounts described in subsection (b) of this section upon the completion of each consecutive four-year term of office. Such salary shall not be diminished during such commissioner's tenure in office. (d) In addition to salary, the commissioner shall be reimbursed from county funds for expenses incurred in connection with the performance of official duties outside Chattooga County."

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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 2012 session of the General Assembly of Georgia a bill to amend an Act creating the office of commissioner of Chattooga County, approved March 6, 1956 (Ga. L. 1956, p. 2899), as amended, particularly by an Act approved March 20, 1990 (Ga. L. 1990, p. 4002), so as to revise the compensation of the commissioner of Chattooga County; to provide for related matters; to repeal conflicting laws; and for other purposes.

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 23, 2012, 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 2012.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires Aug. 14, 2015 (SEAL)

Approved April 11, 2012.

__________

GEORGIA LAWS 2012 SESSION

5205

AUGUSTA-RICHMOND COUNTY COLISEUM AUTHORITY MANNER OF APPOINTMENT OF MEMBERS.

No. 526 (House Bill No. 1203).

AN ACT

To amend an Act creating the Augusta-Richmond County Coliseum Authority, approved April 17, 1973 (Ga. L. 1973, p. 3042), as amended, particularly by an Act approved May 11, 2009 (Ga. L. 2009, p. 3873), so as to provide that appointed members of the authority may be reappointed to succeed themselves; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating the Augusta-Richmond County Coliseum Authority, approved April 17, 1973 (Ga. L. 1973, p. 3042), as amended, particularly by an Act approved May 11, 2009 (Ga. L. 2009, p. 3873), is amended by revising subsection (e) of Section 2 as follows:
"(e) Appointed members of the Authority may be reappointed to succeed themselves."

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 2012 session of the General Assembly of Georgia a bill to amend an Act creating the Augusta-Richmond County Coliseum Authority, approved April 17, 1973 (Ga. L. 1973 p. 3042) as amended, particularly by an Act approved May 11, 2009 (Ga. L. 2009, p. 3873), so as to provide that appointed members of the authority ma be reappointed to succeed themselves; to repeal conflicting laws; and for other purposes. A Bill to be Entitled An Act To amend an Act creating the Augusta-Richmond County Coliseum Authority, approved April 17, 1973 (Ga. L. 1973, p. 3042), as amended, particularly by an Act approved May 11, 2009 (Ga. L. 2009, p. 3873), so as to provide that appointed members of the authority may be reappointed to succeed themselves; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An act creating the Augusta-Richmond County Coliseum Authority, approved April 17, 1973 (Ga. L. 1973, p. 3042), as amended, particularly by an Act approved May 11, 2009 (Ga. L. 2009, p. 3873), is amended by revising subsection (e) of Section 2 as follows: (e) Appointed members of the Authority may be

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reappointed to succeed themselves. 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, Earnest Smith, who on oath deposes and says that he is the Representative from District 122 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Augusta Chronicle which is the official organ of Richmond County on February 23, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

s/ EARNEST SMITH Earnest Smith Representative, District 122

Sworn to and subscribed before me, this 29th day of February 2012.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2015 (SEAL)

Approved April 11, 2012.

__________

CITY OF DULUTH CORPORATE LIMITS.

No. 527 (House Bill No. 1204).

AN ACT

To amend an Act creating a new charter for the City of Duluth, Georgia, approved March 25, 1958 (Ga. L. 1958, p. 3148), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4048), so as to change the corporate limits of the city; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

GEORGIA LAWS 2012 SESSION

5207

SECTION 1. An Act creating a new charter for the City of Duluth, Georgia, approved March 25, 1958 (Ga. L. 1958, p. 3148), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4048), is amended by adding the following language to Exhibit A of the Act:

"2012 ADDITION All those tracts or parcels of land lying and being in Gwinnett County, Georgia, being all of the property described in ordinances of annexation approved by the Mayor and Council of the City of Duluth since June 3, 2003, up to and including January 31, 2012, which property is more particularly described in the ordinances of annexation approved by the Mayor and Council of the City of Duluth known as Annexation #0131-03, approved October 13, 2003, Annexation #0132-03, approved July 28, 2003, Annexation #0133-03, approved December 8, 2003, Annexation #0134-03, approved October 13, 2003, Annexation #0135-03, approved December 8, 2003, Annexation #0136-03, approved December 8, 2003, Annexation #0137-03, approved December 8, 2003, Annexation #0138-03, approved December 8, 2003, Annexation #0139-03, approved December 8, 2003, Annexation #0140-03, approved December 8, 2003, Annexation #0141-03, approved December 8, 2003, Annexation #0142-04, approved August 23, 2004, Annexation #0143-04, approved September 27, 2004, Annexation #0145-05, approved January 9, 2006, Annexation #0146-05, approved January 9, 2006, Annexation #0147-06, approved August 28, 2006, Annexation #0148-06, approved August 28, 2006, Annexation #0150-06, approved October 22, 2007, Annexation #0155-07, approved November 12, 2007, Annexation #0156-08V, approved January 26, 2009, Annexation #0157-08, approved April 27, 2009 and Annexation #2011-019, approved October 24, 2011, which ordinances of annexation are incorporated herein by reference.

Also all that property lying and being in Land Lot 267 of the 6th Land District of Gwinnett County known as 3245 North Berkeley Lake Road, (tax parcel 6-267-050) and 3120 North Berkeley Lake Road (tax parcel 6-267-003A).

The property described herein is intended to include and is hereby declared to include the following Gwinnett County Tax Parcels as shown on the Gwinnett County tax maps for the year 2011:

6236 22 6261 05 6261 06 6261A080 6263 284 6263 286

6263 344 6265 426 6265 427 6265 428 6265 429 6265 430

6265 431 6265 432 6265 433 6265 434 6265 435 6265 436

6265 437 6265 438 6265 439 6265 440 6265 441 6265 442

6265 443 6265 444 6265 445 6265 446 6265 447 6265 448

5208
6265 449 6265 450 6265 451 6265 452 6265 453 6265 454 6265 455 6265 456 6265 457 6265 458 6265 458 6265 458 6267 019 6267 020 6267 021 6267 033 6267 043 6267 044 6267 058 6267 071 6267 073 6268 023 6268 026 6268 029 6268 039 7160 162 7199 223 7199 224 7199 228 7199 229 7199 230 7199 231 7199 232 7199 233 7199 234 7199 235 7199 236 7199 237 7199 238 7199 239 7199 240

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

7199 241 7199 242 7199 243 7199 244 7199 245 7199 246 7199 247 7199 248 7199 249 7199 250 7199 251 7199 252 7199 253 7199 289 7199 290 7199 291 7199 292 7199 293 7199 294 7199 295 7199 296 7199 297 7199 298 7199 299 7199 300 7199 301 7199 302 7199 303 7199 304 7199 305 7199 306 7199 307 7199 308 7199 309 7199 310 7199 311 7199 313 7199 314 7199 315 7199 316 7199 317

7199 318 7199 319 7199 320 7199 321 7199 322 7199 323 7199 324 7199 325 7199 326 7199 327 7199 328 7199 329 7199 330 7199 331 7199 332 7199 333 7199 334 7199 335 7199 336 7199 337 7199 338 7199 339 7199 340 7199 341 7199 342 7199 343 7199 344 7199 345 7199 346 7199 347 7199 348 7199 349 7199 350 7199 351 7199 352 7199 353 7199 354 7199 355 7199 356 7199 357 7199 358

7199 359 7199 360 7199 361 7199 362 7199 363 7199 364 7199 365 7199 366 7199 367 7199 368 7199 369 7199 370 7199 371 7199 372 7199 373 7199 374 7199 375 7199 376 7199 377 7199 378 7199 379 7199 380 7199 381 7199 383 7199 384 7199 385 7199 386 7199 387 7199 388 7199 389 7199 390 7199 391 7199 392 7199 393 7199 394 7199 395 7199 396 7199 397 7199 398 7199 399 7199 400

7199 401 7199 402 7199 403 7199 404 7199 405 7199 406 7199 407 7199 408 7199 409 7199 410 7199 411 7199 412 7199 414 7199 415 7199 419 7199 420 7199 421 7199 422 7199 423 7199 424 7199 425 7199 426 7199 427 7199 428 7199 429 7199 430 7199 431 7199 432 7199 433 7199 434 7199 435 7199 436 7199 437 7199 438 7199 439 7199 440 7199 441 7199 442 7199 443 7199 444 7199 445

7199 446 7199 447 7199 448 7199 449 7199 450 7199 451 7199 452 7199 453 7199 454 7199 455 7199 456 7199 457 7199 458 7199 459 7199 460 7199 461 7199 462 7199 463 7199 464 7199 465 7199 466 7199 467 7199 468 7199 469 7199 470 7199 471 7199 472 7199 473 7199 474 7199 475 7199 476 7199 477 7199 478 7199 479 7199 480 7199 481 7200 002 7200 003 7200 150 7200 151 7200 152

GEORGIA LAWS 2012 SESSION

7200 153 7200 154 7200 155 7200 156 7200 157 7200 158 7200 159 7200 160 7200 161 7200 162 7200 163 7200 164 7200 165 7200 166 7200 167 7200 168 7200 169 7200 170 7200 171 7200 172 7200 173 7200 174 7200 175 7200 176 7200 177 7200 178 7200 179 7200 180 7200 181 7200 182 7200 183 7200 184 7200 185 7200 186 7200 187 7200 188 7200 188 7200 190 7200 192 7200 193 7200 194

7200 195 7200 196 7200 197 7200 198 7200 199 7200 200 7200 201 7200 202 7200 203 7200 204 7200 205 7200 206 7200 207 7200 208 7200 209 7200 210 7200 211 7200 212 7200 213 7200 214 7200 215 7200 216 7200 217 7200 218 7200 219 7200 220 7200 221 7200 222 7200 223 7200 224 7200 225 7200 226 7200 227 7200 228 7200 229 7200 230 7200 231 7200 232 7200 233 7200 234 7200 235

7200 236 7200 237 7200 238 7200 239 7200 240 7200 241 7200 242 7200 243 7200 244 7200 245 7200 246 7200 247 7200 248 7200 249 7200 250 7200 251 7200 252 7200 253 7200 254 7200 255 7200 256 7200 257 7200 258 7200 259 7200 260 7200 261 7200 262 7200 263 7200 265 7200 266 7200 267 7200 268 7200 269 7200 270 7200 271 7200 272 7200 273 7200 274 7200 275 7200 379 7200 380

5209
7200 381 7200 382 7200 383 7200 384 7200 385 7200 386 7200 387 7200 388 7200 389 7200 390 7200 391 7200 392 7200 393 7200 394 7200 395 7200 396 7200 397 7200 398 7200 399 7200 400 7200 401 7200 402 7200 403 7200 404 7200 405 7200 406 7200 407 7200 408 7200 409 7200 410 7200 412 7200 414 7200 415 7200 416 7200 417 7200 418 7200 419 7200 420 7200 421 7200 422 7200 423

5210

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

7200 424 7200 425 7200 426 7200 427 7200 428 7200 429 7200 430 7200 431 7200 432 7200 433 7200 434 7200 435 7200 436 7200 437 7200 438 7200 439 7200 440 7200 441 7200 442 7200 443 7200 444 7200 445 7201 002 7201 005 7201 016B 7201 267 7201 268 7201 269 7201 270 7201 271 7201 272 7201 273 7201 274 7201 275 7201 276 7201 277 7201 278 7201 279 7201 280 7201 281 7201 282

7201 283 7201 284 7201 285 7201 286 7201 287 7201 288 7201 289 7201 290 7201 291 7201 292 7201 293 7201 294 7201 295 7201 296 7201 297 7201 298 7201 299 7201 300 7201 301 7201 302 7201 303 7201 304 7201 305 7201 306 7201 307 7201 308 7201 309 7201 310 7201 311 7201 312 7201 313 7201 314 7201 315 7201 316 7201 317 7201 318 7201 319 7201 320 7201 321 7201 322 7201 323

7201 324 7201 325 7201 326 7201 327 7201 328 7201 329 7201 330 7201 331 7201 332 7201 333 7201 334 7201 335 7201 336 7201 337 7201 338 7201 339 7201 340 7201 341 7201 342 7201 343 7201 344 7201 345 7201 346 7201 347 7201 348 7201 349 7201 350 7201 351 7201 352 7201 353 7201 354 7201 355 7201 356 7201 357 7201 358 7201 359 7201 360 7201 361 7201 362 7201 363 7201 364

7201 365 7201 367 7201 368 7201 369 7201 370 7201 371 7201 372 7201 373 7201 374 7201 385 7206 003 7206 006 7206 274 7206 275 7206 280 7206 281 7206 282 7206 283 7206 284 7206 285 7206 286 7206 287 7206 288 7206 289 7206 290 7206 291 7206 292 7206 293 7206 294 7206 295 7206 296 7206 297 7206 298 7206 299 7206 300 7206 301 7206 302 7206 303 7206 304 7206 305 7206 306

7206 307 7206 308 7206 309 7206 310 7206 311 7206 312 7206 313 7206 314 7206 315 7206 316 7206 317 7206 318 7206 319 7206 320 7206 321 7206 322 7206 323 7206 324 7206 327 7206 328 7206 329 7206 330 7206 331 7206 332 7206 333 7206 334 7206 335 7206 336 7206 337 7206 338 7206 339 7206 340 7206 341 7206 342 7206 343 7206 344 7206 345 7206 346 7206 347 7206 348 7206 349

7206 350 7206 351 7206 352 7206 353 7206 354 7206 355 7206 356 7206 357 7206 358 7206 359 7206 360 7206 361 7206 362 7206 363 7206 364 7206 365 7206 366 7206 367 7206 368 7206 369 7206 370 7206 371 7206 372 7206 373 7206 374 7206 375 7206 376 7206 377 7206 378 7206 379 7206 380 7206 381 7206 382 7206 383 7206 384 7206 385 7206 386 7206 387 7206 388 7206 389 7206 390

GEORGIA LAWS 2012 SESSION

7206 391 7206 392 7206 393 7206 394 7206 395 7206 398 7206 399 7206 400 7206 401 7206 402 7206 403 7206 404 7206 405 7206 406 7206 407 7206 408 7206 409 7206 410 7206 411 7206 412 7206 413 7206 414 7206 415 7206 416 7206 417 7206 418 7206 419 7206 420 7206 421 7206 422 7206 423 7206 424 7206 425 7206 426 7206 427 7206 428 7206 429 7206 430 7206 431 7206 433 7206 434

7206 435 7206 436 7206 438 7206 439 7206 440 7206 441 7206 442 7206 443 7206 444 7206 458 7207 002 7207 004 7207 004 7207 005 7207 012 7207 016 7207 094 7207 145 7207 146 7207 147 7207 148 7207 149 7207 150 7207 151 7207 152 7207 153 7207 154 7207 155 7207 156 7207 157 7207 158 7207 159 7207 160 7207 161 7207 162 7207 163 7207 164 7207 165 7207 166 7207 167 7207 168

7207 169 7207 170 7207 171 7207 172 7207 173 7207 174 7207 175 7207 176 7207 177 7207 178 7207 179 7207 180 7207 181 7207 182 7207 183 7207 184 7207 185 7207 186 7207 187 7207 188 7207 189 7207 190 7207 191 7207 192 7207 193 7207 194 7207 195 7207 196 7207 197 7207 198 7207 199 7207 200 7207 201 7207 202 7207 203 7207 204 7207 205 7207 206 7207 207 7207 208 7207 209

5211
7207 210 7207 211 7207 212 7207 213 7207 214 7207 215 7207 216 7207 217 7207 218 7207 219 7207 220 7207 221 7207 222 7207 223 7207 224 7207 225 7207 226 7207 227 7207 228 7207 229 7207 230 7207 231 7207 232 7207 233 7207 234 7207 235 7207 236 7207 237 7207 238 7207 239 7207 241 7207 242 7207 243 7207 244 7207 245 7207 246 7207 247 7207 248 7207 249 7207 250 7207 251

5212

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

7207 252 7207 253 7207 254 7207 255 7207 256 7207 257 7207 258 7207 259 7207 260 7207 261 7207 262 7207 263 7207 264 7207 265 7207 266 7207 267

7207 268 7207 269 7207 270 7207 271 7207 272 7207 273 7207 274 7207 275 7207 276 7207 277 7207 278 7207 279 7207 280 7207 281 7207 282 7207 283

7207 284 7207 285 7207 286 7207 287 7207 288 6267 050 7207 289 7207 290 7207 291 7207 292 7207 293 7207 294 7207 295 7207 296 7207 297 7207 298

7207 299 7207 300 7207 301 7207 302 7207 303 7207 304 7207 305 7207 306 7207 307 7207 308 7207 309 7207 310 7207 311 7207 312 7207 313 7207 314

7207 315 7207 316 7207 317 7207 318 7207 319 7207 320 7207 321 7207 322 7207 323 7207 324 7207 325 7207 326 7207 327 7207 328 7207 333 6267 003A

The City limits shall also include all of the public roads and right of ways adjacent to the parcels set forth in this 2012 addition, including railroad right of ways lying adjacent to those parcels or adjacent to the public roadways adjacent to those parcels, unless said right of ways are specifically included within the boundaries of another City. The property described herein, being more specifically shown as a part of the City of Duluth on a map entitled Boundary Map of the Corporate Limits of City of Duluth, Georgia as of February 2012, which map is incorporated herein by reference and declared to be the official boundaries of the City of Duluth."

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 2012 Session of the General Assembly of Georgia a Bill to amend an Act entitled "An Act creating a new charter for the City of Duluth, Georgia" approved March 25, 1958 (Ga. L. 1958, p. 3148), as amended, particularly by an act to provide a new charter for the City of Duluth enacted June 3, 2003, (Ga. L. 2003, p. 4048) to provide for a change in the corporate boundaries and for other purposes.
This 25th day of January, 2012.

Mayor and Council City of Duluth, Georgia

GEORGIA LAWS 2012 SESSION

5213

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 24, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

s/ BROOKS COLEMAN Brooks Coleman Representative, District 97

Sworn to and subscribed before me, this 28th day of February 2012.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2015 (SEAL)

Approved April 11, 2012.

__________

CITY OF LAWRENCEVILLE MAYOR AND COUNCIL; TERMS OF OFFICE; TERM LIMITS.

No. 528 (House Bill No. 1205).

AN ACT

To amend an Act to create a new Charter for the City of Lawrenceville, Georgia, approved March 28, 1986 (Ga. L. 1986, p. 4961), as amended, so as to change the term of office for the mayor; to change the term of office for city councilmembers; to provide for a transition to the new terms of office; to provide for term limits for the mayor; to provide for term limits for city councilmembers; to repeal conflicting laws; and for other purposes.

5214

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

SECTION 1. An Act to create a new Charter for the City of Lawrenceville, Georgia, approved March 28, 1986 (Ga. L. 1986, p. 4961), as amended, is amended by revising Section 2.11 as follows:

"SECTION 2.11. 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 elected in the general municipal election of 2012, or any election thereafter, shall serve as a city councilmember for more than 12 consecutive years. Any person serving as mayor or councilmember shall be a qualified elector of the city. No person shall be eligible to serve as mayor or councilmember unless the person was a resident of the city immediately prior to the date of the election and unless the person continues to reside therein during the term of office for which the person was elected."

SECTION 2. Said Act is further amended by revising Section 2.27 as follows:

"SECTION 2.27. Election of mayor; forfeiture; compensation.

The mayor shall be elected and serve a term of four years and until a successor is elected and qualified. No person elected in the general municipal election of 2012, or any election thereafter, shall serve as mayor for more than 12 consecutive years. A person holding office as mayor shall forfeit such office on the same grounds and under the same procedures as councilmembers forfeit their office."

SECTION 3. Said Act is further amended by revising Section 5.11 as follows:

"SECTION 5.11. Election of the city council and mayor.

(a) Pursuant to the provisions of Code Sections 21-2-541.1 and 21-2-541.2 of the O.C.G.A., a municipal general election shall be held on the Tuesday next following the first Monday in November, 2012, and on the Tuesday next following the first Monday in

GEORGIA LAWS 2012 SESSION

5215

November, 2013. Thereafter, a municipal general election shall be held on the Tuesday next following the first Monday in November biennially beginning in 2015. (b) The mayor and two councilmembers shall be elected at the general municipal election in 2012. The remaining city council seats shall be filled at the election alternating with the first election so that a continuing body is created as provided for in Section 7.11 of this charter."

SECTION 4. Said Act is further amended by revising Section 7.11 as follows:

"SECTION 7.11. First election under the 2012 charter amendment.

The first municipal election under the 2012 charter amendment shall be held on the Tuesday next following the first Monday in November, 2012. At this election the mayor and two city councilmembers being Post No. 1 and Post No. 2 shall be elected. The mayor and city councilmembers for Post No. 1 and Post No. 2 shall serve a term of three years, and their successors shall be elected at a general municipal election to be conducted in 2015. The mayor and councilmembers elected to Post No. 1 and Post No. 2 at the general election in 2015 and all elections thereafter shall serve a four-year term. On the Tuesday next following the first Monday in November, 2013, two councilmembers shall be elected to Post No. 3 and Post No. 4. The councilmembers elected in the general municipal election in 2013 and all elections thereafter shall serve a term of four years."

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is hereby given that there will be introduced at the Regular 2012 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, to change the term of office for the Mayor and Council members to four years; to provide for a transition to these four year terms; to provide for term limits for the Mayor and Council members; and for other purposes.
This 16th day of February.
Mayor and Council City of Lawrenceville, Georgia

5216

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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 February 23, 2012, 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 27th day of February 2012.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2015 (SEAL)

Approved April 11, 2012.

__________

MACON-BIBB COUNTY TRANSIT AUTHORITY CONTRACTS.

No. 529 (House Bill No. 1206).

AN ACT

To amend an Act known as the "Macon-Bibb County Transit Authority Act of 1980," approved March 26, 1980, (Ga. L. 1980, p. 4313), as amended, so as to provide for the power of the authority to enter into contracts with counties and municipal corporations to provide public transportation services; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

GEORGIA LAWS 2012 SESSION

5217

SECTION 1. An Act known as the "Macon-Bibb County Transit Authority Act of 1980," approved March 26, 1980, (Ga. L. 1980, p. 4313), as amended, is amended by adding a new paragraph to subsection (a) of Section 3.1, as follows:
"(14) To contract with a county or municipal corporation for a period not to exceed 50 years to provide for public transportation services to be rendered by the authority or its transit system."

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 2012 session of the General Assembly of Georgia a bill to amend an Act known as the "Macon-Bibb County Transit Authority Act of 1980," approved March 26, 1980, (Ga. L. 1980, p. 4313), as amended; and for other purposes.
Representative Nikki Randall District 138
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Nikki Randall, who on oath deposes and says that she is the Representative from District 138 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Macon Telegraph which is the official organ of Bibb County on February 19, 2012, and that the notice requirements of Code Section 28-1-14 have been met.
s/ NIKKI RANDALL Nikki Randall Representative, District 138
Sworn to and subscribed before me, this 22nd day of February 2012.
s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia

5218

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

My Commission Expires Aug. 14, 2015 (SEAL)

Approved April 11, 2012.

__________

PICKENS COUNTY PICKENS COUNTY WATER AND SEWER AUTHORITY; MANNER OF APPOINTMENT.

No. 530 (House Bill No. 1213).

AN ACT

To amend an Act creating the Pickens County Water and Sewer Authority, approved April 15, 1969 (Ga. L. 1969, p. 2764), so as to remove the provision requiring a waiting period of two years for member reappointment; 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 Pickens County Water and Sewer Authority, approved April 15, 1969 (Ga. L. 1969, p. 2764), is amended by revising the first undesignated paragraph of Section 2 to read as follows:
"There is hereby created a body corporate and politic, to be known as the Pickens County Water and Sewer Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation; and by that name, style, and title, said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain, and defend in all courts of law and equity. The Authority shall consist of five members, all of whom shall be residents of Pickens County, Georgia, all of whom shall reside outside the corporate limits of any municipality. The original members of the Authority shall be appointed by the governing authority of Pickens County, one member for a one year term, two members for a two year term and two members for a three year term, said terms to be designated at the time of appointment. Thereafter the Authority shall furnish to the governing authority of Pickens County a list of three names for each member whose term expires and the governing authority of Pickens County shall appoint from said list of names the person or persons to serve, each for a three year term, as a member or members of the Authority. If for any reason the Authority fails to furnish said list prior to thirty (30) days before the expiration of any term, the governing authority of Pickens County shall appoint the member or members to fill the vacancies created by the expiration of the terms of the members of the Authority whose terms expire. A member whose term expires shall be

GEORGIA LAWS 2012 SESSION

5219

eligible for reappointment by the governing authority of Pickens County to one additional term. Notwithstanding any other provision herein, all members of the Authority shall serve until their successors are appointed and qualified. To be eligible for appointment, no member shall have been found guilty of a felony. A member must be at least twenty-one (21) years of age and a resident of Pickens County for at least two years prior to his appointment."

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 2012 session of the General Assembly of Georgia a bill to amend an Act creating the Pickens County Water and Sewer Authority, approved April 15, 1969 (Ga. L. 1969, p. 2764); and for other purposes.

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 March 1, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

s/ RICK JASPERSE Rick Jasperse Representative, District 12

Sworn to and subscribed before me, this 5th day of March 2012.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2015 (SEAL)

Approved April 11, 2012.

__________

5220

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

CITY OF BALL GROUND CORPORATE LIMITS; REMOVE LIMITATION ON MUNICIPAL COURT JURISDICTION.

No. 531 (House Bill No. 1216).

AN ACT

To amend an Act providing a new charter for the City of Ball Ground, approved March 28, 1990 (Ga. L. 1990, p. 4552), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 4258), so as to remove an exception for certain property from the jurisdiction of the municipal court; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act providing a new charter for the City of Ball Ground, approved March 28, 1990 (Ga. L. 1990, p. 4552), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 4258), is amended by revising subsection (d) of Section 1.11 to read as follows:
"(d) In addition to any property within the corporate boundaries of the city on the date this subsection becomes effective in 2012, the corporate boundaries of the city shall also include the following described property, to wit: all that right of way of Interstate Highway I-575 between Sharp Mountain Creek and the boundary between Cherokee and Pickens Counties, for a distance of 4.4 miles."

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 2012 session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Ball Ground, approved March 28, 1990 (Ga. L. 1990, P4552), as amended; and for other purposes. A copy of this resolution is on file in the office of the City Clerk at 215 Valley Street, Ball Ground, Georgia, 30107 during the hours of 9:00 AM and 5:00 PM Monday thru Friday. Citizens with special needs should contact the Ball Ground City Clerk at 770-735-2123.

GEORGIA LAWS 2012 SESSION GEORGIA, FULTON COUNTY

5221

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Calvin Hill, who on oath deposes and says that he is the Representative from District 21 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Cherokee Tribune which is the official organ of Cherokee County on February 24, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

s/ CALVIN HILL Calvin Hill Representative, District 21

Sworn to and subscribed before me, this 5th day of March 2012.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires Aug. 14, 2015 (SEAL)

Approved April 11, 2012.

__________

HABERSHAM COUNTY STATE COURT; JUDGE AND SOLICITOR-GENERAL; FULL-TIME POSITIONS; COMPENSATION.

No. 532 (House Bill No. 1217).

AN ACT

To amend an Act creating and establishing the State Court of Habersham County (formerly the City Court of Habersham County), approved February 13, 1941 (Ga. L. 1941, p. 651), as amended, particularly by an Act approved June 2, 2010 (Ga. L. 2010, p. 3994), so as to provide that beginning January 1, 2015, the judge and solicitor of said court shall be full-time positions; to establish the compensation of the judge and solicitor of said court; to provide that beginning January 1, 2015, neither the judge nor the solicitor of said court shall practice law; to provide an effective date; to repeal conflicting laws; and for other purposes.

5222

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

SECTION 1. An Act creating and establishing the State Court of Habersham County (formerly the City Court of Habersham County), approved February 13, 1941 (Ga. L. 1941, p. 651), as amended, particularly by an Act approved June 2, 2010 (Ga. L. 2010, p. 3994), is amended by revising Section 10 as follows:

"SECTION 10. There shall be a judge of the state court, who shall be elected at the time of the nonpartisan general election in the year immediately preceding the end of his or her term of office. The judge serving on the effective date of this Act shall continue to serve until the end of his or her term and until his or her successor is duly elected and qualified. On and after January 1, 2015, the position of judge of the state court shall be a full-time position, and the judge shall not be permitted to engage in the practice of law. The judge shall be compensated according to the following schedule:
(1) For calendar years 2012, 2013, and 2014 a salary equal to 80 percent of a superior court judge, including the supplement paid such judge by Habersham County; and (2) On and after January 1, 2015, a salary equal to 90 percent of a superior court judge, including the supplement paid such judge by Habersham County."

SECTION 2. Said Act is further amended by revising Section 14 as follows:

"SECTION 14. There shall be a solicitor of the state court, who shall be elected at the time of the nonpartisan general election in the year immediately preceding the end of his or her term of office. The solicitor serving on the effective date of this Act shall continue to serve until the end of his or her term and until his or her successor is duly elected and qualified. On and after January 1, 2015, the position of solicitor of the state court shall be a full-time position, and the solicitor shall not be permitted to engage in the practice of law. The solicitor shall be compensated according to the following schedule:
(1) For calendar years 2012, 2013, and 2014 a salary equal to 80 percent of the district attorney, including the supplement paid such district attorney by Habersham County; and (2) On and after January 1, 2015, salary equal to 90 percent of the district attorney, including the supplement paid such district attorney by Habersham County."

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.

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

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2012 session of the General Assembly of Georgia a bill to amend an Act creating and establishing the State Court of Habersham County (formerly the City Court of Habersham County), approved February 13, 1941 (Ga. L. 1941, p. 651), as amended,; and for other purposes.

This 28 day of February, 2012

Representative Terry Rogers

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terry Rogers, 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 February 29, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

s/ TERRY ROGERS Terry Rogers Representative, District 10

Sworn to and subscribed before me, this 5th day of March 2012.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires Aug. 14, 2015 (SEAL)

Approved April 11, 2012.

__________

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

No. 535 (House Bill No. 1259).

AN ACT

To provide a new charter for the City of Milner; to provide for reincorporation, boundaries, and powers of the city; to provide for general powers and limitations on powers; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, suspension, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances; to provide for the office of mayor and mayor pro tempore and certain duties and powers relative thereto; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city administrator, a city attorney, a city clerk, and other personnel; to provide for a municipal court and the judge or judges thereof; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for ethics and disclosures; to provide for elections; to provide for taxation, licenses, and fees; to provide for franchises; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for city contracts and purchasing; 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. CREATION, INCORPORATION, POWERS. SECTION 1.10. Incorporation.

The 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 Milner, Georgia, in the County of Lamar, and by that name shall have perpetual succession. Under that name, the city shall continue to be vested with all of 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 such property, real and personal, as may be devised, bequeathed, sold, or in any manner conveyed or dedicated to or otherwise acquired by it, and from time to time may hold or invest, sell, or dispose of the same; may have a common seal and alter and renew the same at will; and may exercise in conformity with this

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charter all municipal powers, functions, rights, privileges, and immunities of every name and nature whatsoever.

SECTION 1.11. Corporate Boundaries.

(a) The boundaries of the City of Milner shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The current boundaries of the City of Milner, 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: "Map of the Corporate Limits of the City of Milner, Georgia." Photographic, typed, or other copies of such map or description certified by the city clerk shall be admitted in 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) The 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. The city shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of the 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 the city.

SECTION 1.13. Specific Powers.

The corporate powers of the government of the City of Milner, to be exercised by the governing authority, include, but are not limited to:
(1) Animal Regulations. To regulate and license or 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; also to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder; (2) Appropriations and Expenditures. To make appropriations for the support of the government of the city, to authorize the expenditure of money for any purposes authorized

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by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia, and to provide for the payment of expenses of the city; (3) Building Regulation. To establish minimum standards for and to regulate the erection, construction, and repair of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes, to regulate all housing, building, and building trades, to license all building trades, and to license the construction and erection of buildings and all other structures for the health, sanitation, cleanliness, welfare, and safety of inhabitants of the city; (4) Business Regulation and Taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions, as authorized by Title 48 of the Official Code of Georgia Annotated, or other such applicable laws as are or may hereafter be enacted; to permit and regulate the same, and to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees; (5) Condemnation. To condemn property inside or outside the corporate limits of the city for present or future use, and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted; (6) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (7) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or without the city, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (8) Environmental Protection. To protect and preserve the natural resources, environment, and vital areas of this state through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (9) Fire Regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (10) Garbage Fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee, for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes, or fees, and to provide for the manner and method of collecting such service charges; (11) General Health, Safety, and Welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental, or likely to be detrimental, to the

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health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (12) General Welfare. To make, ordain, and establish such bylaws, ordinances, rules, and regulations as shall appear necessary for the security, welfare, convenience, and interest of the city and the inhabitants thereof, and for preserving the health, peace, order, and good government of the city; (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, under 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 municipal court may work out such sentence in any public works or on the streets, roads, drains, squares, and other public property in the city; to provide for the commitment of such persons to any jail, or to provide for commitment of such persons to any county work camp or jail by agreement with the appropriate county officials; (16) Motor Vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys, and walkways of the city; (17) Municipal Agencies and Delegation of Power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to same; (18) Municipal Debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (19) Municipal Property Ownership. To acquire, dispose of, lease, and hold in trust or otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (20) Municipal Property Protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (21) Municipal Utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewerage disposal, gasworks, 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 withdrawal of service for refusal or failure to pay same and the manner in which such remedies shall be enforced; and to provide for the manner and method of collecting charges for such services and for enforcing payment of same; charges for such

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services shall constitute a lien against the property receiving such services and shall be enforced in the same manner and under the same remedies as a lien for city property taxes; (22) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (23) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (24) Planning and Zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and aesthetically pleasing community; (25) Police and Fire Protection. To exercise the power of arrest through duly appointed policemen or in any other manner provided by the general laws of the State of Georgia; and to establish, operate, or contract for a police and a fire-fighting agency; (26) 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; (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, sewers, drains, sewerage treatment, 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; and to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under O.C.G.A. 22-1-1 et seq., or such other applicable laws as are or may hereafter be enacted; (29) Public Peace. To adopt ordinances and regulations for the prevention and punishment of loitering, disorderly conduct, riots, public drunkenness, the playing of lotteries, and disturbing the peace in the corporate limits of the city; and to prohibit or regulate by ordinance such other conduct and activities within the city which, while not constituting an offense against the laws of this state, is deemed by the governing authority to be detrimental and offensive to the peace and good order of the city or to the welfare of the citizens thereof; (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 companies, not to exceed periods of 50 years; or to impose taxes on public utilities and public service companies; and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided

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by the franchise grantee or contractor, insofar as not in conflict with valid regulations by the Public Service Commission; (32) Regulation of Roadside Areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (33) Retirement. To provide and maintain a system of pensions and retirement for officers and employees of the city; (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, otherwise improve, maintain, repair, clean, prevent erosion of, and light roads, alleys, and walkways within the corporate limits of the city; and to grant franchises and rights of way through the streets and roads, and over the bridges and viaducts, for the use of public utilities and public services and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands; and to enact ordinances establishing the terms and conditions under which such repairs and maintenance shall be effected, including the penalties to be imposed for failure to do so; (35) Sewer Fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system, and to levy on those to whom sewers and sewerage systems are made available a sewer service charge, fee, or sewer tax for the availability or the use of the sewers; and to provide for the manner and method of collecting such service charges and for enforcing payment of 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 by others; 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; (37) Special Areas of Public Regulation. To regulate or prohibit junk dealers; pawn shops; the manufacture, sale, or transportation of intoxicating liquors; the use and sale of firearms; and to regulate the transportation, storage, and use of combustible, explosive, and flammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, adult bookstores, and massage parlors; (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 to provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation;

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(40) Taxes: Other. To levy and collect such other taxes as may be allowed now or in the future by law; (41) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (42) Urban Redevelopment. To organize and operate an urban redevelopment program; and (43) Other Powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; 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 enumerated 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 enumeration of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers; but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia,

SECTION 1.14. Exercise of Powers.

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

ARTICLE II. GOVERNING BODY. SECTION 2.10.
Creation; Composition; Number; Election.

The legislative authority of the government of the City of Milner, 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 so 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.

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SECTION 2.11. City Council Terms and Qualifications for Office.

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The members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the city for 12 months prior to the date of election; 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 the 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 removal from office, change of residency to outside of the city, 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) Forfeiture of Office: The mayor or any councilmember shall forfeit his or her office if he or she:
(1) Lacks at any time during his or her term of office any qualifications of the office as prescribed by this charter or the laws of the State of Georgia; or (2) Is convicted of a felony involving moral turpitude. (c) Filling of Vacancies: A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, by an election as provided in Section 5.15 of this charter if less than 12 months remain in the unexpired term; otherwise by an election, as provided for in Section 5.15 of this charter and in accordance with Titles 21 and 45 of the Official Code of Georgia Annotated, or other such laws as are or may hereafter be enacted.

SECTION 2.13. Compensation and Expenses.

The mayor and councilmembers shall receive compensation and expenses for their services as provided by resolution or 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:

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(1) Engage in any business or transaction, or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of that person's official duties or which would tend to impair the independence of the official's judgment or action in the performance of those official duties; (2) Engage in or accept private employment, or render services for private interests when such employment or service is incompatible with the proper discharge of that person's official duties or would tend to impair the independence of the official's judgment or action in the performance of those official duties; (3) Disclose confidential information, including information obtained at meetings which are closed pursuant to Title 50, Chapter 14 of the Official Code of Georgia Annotated, concerning the property, government, or affairs of the governmental body by which the official is engaged without proper legal authorization; or use such information to advance the financial or other private interest of the official or others; (4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation which to the official's knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which the official is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against the city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which the official has financial interest. (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, direct or indirect, 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.

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(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 such government or any agency thereof during the term for which that official was elected. No former mayor and no former councilmember shall hold any compensated appointive office in the city until one year after the expiration of the term for which that official was elected. (g) Political Activities of Certain Officers and Employees: No 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 election to any public office in the city or any other public office which is inconsistent, incompatible, or in conflict with the duties of the city employee. Such determination shall be made by the mayor and city council either immediately upon election or at any time such conflict may arise. (h) Penalties for Violation:
(1) Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited that person's office or position. (2) Any officer or employee of the city who shall forfeit an office or position as described in paragraph (1) above shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter.

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 Powers and Authority of the City Council.

(a) Except as otherwise provided by law or by this charter, the city council shall be vested with all the powers of government of the City of Milner as provided by Article I. (b) In addition to all other powers conferred upon it by law, the city council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules, and regulations, not inconsistent with this charter, the Constitution, and the laws of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity,

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or well-being of the inhabitants of the City of Milner and may enforce such ordinance by imposing penalties for violation thereof. (c) By ordinance, the city 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 2.17. 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 Meeting.

The city council shall meet for organization on the second Wednesday in January each 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 that I will well and truly perform the duties of (mayor or councilmember or officer as the case may be) of the city; 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; and that I will to the utmost of my skill and ability promote the interest and prosperity of the city."

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, or via electronic mail, provided that a delivery and read receipt notice is received 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

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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 and officers of the city council shall be appointed by the mayor subject to the approval of a majority of councilmembers and shall serve at the pleasure of the mayor and city council. The mayor shall have the power to appoint new members to any committee at any time.

SECTION 2.21. Quorum; Voting.

The mayor or mayor pro tempore and any 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 or as otherwise designated by the mayor, 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 councilmembers present and voting excluding the mayor, except in the case of a tie, shall be required for the adoption of any ordinance, resolution, or motion. An abstention shall be counted as an affirmative vote. In the event any councilmember or the mayor leaves the meeting after the motion is made, but before the motion is decided, he or she shall not be deemed absent for quorum purposes and shall be assigned an official vote.

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 City Council of the City of Milner hereby ordains" and every ordinance shall so begin.

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(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 clerk shall as soon as possible distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate. (c) All ordinances, bylaws, rules, and regulations now in force in the city not inconsistent with this charter are hereby declared valid and of full effect and force until amended or repealed by the governing authority. (d) Whenever possible, ordinances shall be prepared by the city attorney.

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 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 Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted.

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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(b) of this charter. Copies of any adopted code of technical regulations shall be made available by the clerk for inspection by the public.

SECTION 2.26. Submission of Ordinances to the Mayor; Signing; Authenticating; Recording;
Codification; Printing.

(a) The clerk shall authenticate by the clerk's signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the city council; and
(1) Every ordinance adopted by the city council shall be presented promptly by the clerk to the mayor. (2) The mayor, within five business days of receipt of an ordinance, shall return it to the clerk with his or her approval, or with his or her disapproval. If the ordinance has been approved by the mayor, it shall become law upon its return to the clerk. If the ordinance is not returned to the clerk, it shall become law at 12:00 Noon on the fifth business day after its adoption; if the ordinance is disapproved, the mayor shall submit to the city council through the clerk a written statement of the reasons for his or her veto. The clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor. (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 Milner, 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

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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 Administrator; Appointment; Qualifications; Compensation.

The city council shall appoint a city administrator for an indefinite term and shall fix the administrator's compensation. The administrator shall be appointed solely on the basis of executive and administrative qualifications. The city council shall, by ordinance, enumerate the powers and duties of the city administrator.

SECTION 2.28. City Council Interference with Administrator.

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 administrator solely through the administrator, and neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately.

SECTION 2.29. Election of Mayor.

The mayor shall be elected in the manner provided by Article V of this charter.

SECTION 2.30. 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) Have the right, as shall the mayor pro tempore, while acting as mayor, to vote on all questions before the council to break ties;

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(6) Establish committees and appoint members, subject to the approval of a majority of the council; (7) Act as liaison between the council and the city administrator; and (8) Fulfill such other executive and administrative duties as the city council shall by ordinance establish.

SECTION 2.31. Mayor Pro Tempore.

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

ARTICLE III. EXECUTIVE BRANCH ORGANIZATION AND GENERAL PROVISIONS. 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 nonelected offices, positions of employment, departments, and agencies of the city, as necessary for the proper administration of the affairs and government of the city. (b) Except as otherwise provided by this charter or by law, the directors of 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 is prescribed by resolution or ordinance. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the city administrator, be responsible for the administration and direction of the affairs and operations of that director's department or agency. (e) All appointive officers and directors under the supervision of the city administrator shall be nominated by the city administrator with confirmation of appointment by the city council. All appointive officers and directors shall be employees at will and subject to removal or suspension at any time at the recommendation of the city administrator and by a resolution

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adopted by a majority vote of the city council, unless otherwise provided by law or ordinance.

SECTION 3.11. Boards, Commissions, and Authorities.

(a) The city council shall create by ordinance 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 resolution or ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until that person has executed and filed with the clerk of the city an oath obligating himself or herself to faithfully and impartially perform the duties of that member's office, such oath to be prescribed by ordinance and administered by the mayor. (g) All board members serve at will and may be removed at any time by a vote of four members of the city council unless otherwise provided by law. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as 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.

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SECTION 3.12. City Attorney.

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

SECTION 3.13. City Clerk.

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

SECTION 3.14. Consolidation of Functions.

The city council may consolidate any two or more of the positions of the city clerk, city tax collector, and city accountant, or any other positions or may assign the functions of any one or more of such positions to the holder or holders of any other positions. The city administrator may, with the approval of the city council, perform all or any part of the functions of any of the positions or offices in lieu of appointing other persons to perform the same.

SECTION 3.15. Position Classification and Pay Plans.

The city administrator shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the city council for approval. Such plan may apply to all employees of the city and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the city council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. For purposes of this section, all elected and appointed city officials are not city employees.

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SECTION 3.16. Personnel Policies.

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

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 Milner.

SECTION 4.11. Chief Judge; Associate Judge.

(a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or standby judges as shall be provided by ordinance. (b) With the exception of the Lamar County Probate Judge, 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 resolution or ordinance. (d) Judges serve at will and may be removed from office at any time by the city council unless otherwise provided by ordinance. (e) Before assuming office, each judge shall take an oath, given by the mayor, that 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 required in Section 2.20 of this charter.

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SECTION 4.12. Convening.

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

SECTION 4.13. Jurisdiction; Powers.

(a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for six months or both such fine and imprisonment, or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before such court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for that person's appearance and shall fail to appear at the time fixed for trial, the bond shall be declared 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 this state to issue warrants for offenses against state laws committed within the city.

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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 Lamar 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. 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. Qualifying; Nomination of Candidates; Absentee Ballots.

By ordinance, the city council may prescribe rules and regulations governing qualifying fees, nomination of candidates, absentee ballots, write-in votes, challenge of votes, and such other rules and regulations as may be necessary for the conduct of elections in the City of Milner.

SECTION 5.12. Election of the City Council and Mayor.

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 two 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.

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SECTION 5.13. Nonpartisan Elections.

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

SECTION 5.14. Election by Plurality.

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

SECTION 5.15. 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 5.16. 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 5.17. Removal of Officers.

(a) The mayor, councilmembers, or other appointed officers provided for in this charter shall be removed from office for any one or more of the causes provided in Title 45 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted. (b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods:
(1) Following a hearing at which an impartial panel shall render a decision. In the event an elected officer is sought to be removed by 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.

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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 Lamar 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 Lamar County following a hearing on a complaint seeking such removal brought by any resident of the City of Milner.

ARTICLE VI. FINANCE AND FISCAL. SECTION 6.10. 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 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 6.19 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 the city to obtain a permit for such activity from the city and pay a reasonable regulatory fee for such permit as provided by general law. Such fees shall reflect

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the total cost to the city of regulating the activity, and if unpaid, shall be collected as provided in Section 6.19 of this charter.

SECTION 6.14. Franchises.

(a) The city council shall have the power to grant franchises for the use of the 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 the city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations.

SECTION 6.15. Service Charges.

The city council, by ordinance, shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available within and without the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.19 if 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 6.19 of this charter.

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SECTION 6.17. Construction; Other Taxes and Fees.

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

SECTION 6.18. Transfer of Executions.

The city clerk shall be authorized to assign or transfer any fi. fa. or execution issued for any tax or for any street, sewer, or other assessment in the same manner and to the same extent as provided by Georgia law regarding sales and transfers of fi. fas. Such transfer or assignment, when made, shall vest the purchaser or transferee with all right, title, and interest as provided by Georgia law governing sales and transfers of tax fi. fas. Provided that upon levy of execution and sale of property pursuant to such tax fi. fa., whether assigned, transferred, or executed by the city, the owner of such property, in fee simple or lesser interest, shall not lose his or her right to redeem the property in accord with the requirements of redemption of property sold under state or county ad valorem tax fi. fas., as such requirements now exist or as may be hereinafter provided by law.

SECTION 6.19. 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 permits 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 projects, programs, or ventures authorized under this charter or the general laws of this state. Such bonding authority shall be exercised in accordance with the laws governing bond issuances by municipalities in effect at the time such issue is undertaken.

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SECTION 6.21. Revenue Bonds.

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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 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 6.24. 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, or institution, 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, by ordinance, the procedures and requirements for the preparation and execution of an annual operating budget and a capital improvement program and a capital budget, including requirements as to the scope, content, and form of such budgets and programs.

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SECTION 6.26. Submission of Operating Budget to City Council.

On or before a date fixed by the city council, but not later than 90 days prior to the beginning of each fiscal year, the city administrator shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the city administrator containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as he or she may deem pertinent. The operating budget and the capital improvements budget hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.

SECTION 6.27. Action by City Council on Budget.

(a) The city council may amend the operating budget proposed by the city administrator. However, the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council, by ordinance, shall adopt the final operating budget for the ensuing fiscal year not later than the first regular meeting in January 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 6.25 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, 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 6.28. Property Tax Levies.

As the next order of business following adoption of the operating budget, the city council shall levy, by ordinance, an annual tax on all real and personal property within the City of Milner. The tax rate set by such ordinance shall be such that reasonable estimates of

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revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of the City of Milner.

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, special, or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unexpended surplus.

SECTION 6.30. 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 city administrator shall submit to the city council a proposed capital improvement plan with a recommended capital budget containing the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have the power to accept, with or without amendments, or reject the proposed plan and proposed budget. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital budget, except to meet a public emergency as provided in Section 2.24 of this charter. (b) The city council shall adopt, by ordinance, the final capital budget for the ensuing fiscal year not later than the first regular meeting of January of each year. No appropriation provided for in a capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the city administrator may submit amendments to the capital budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance.

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 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 cost to the public.

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SECTION 6.32. Contracting Procedures.

No contract with the city shall be binding on the city unless: (1) It is in writing; (2) It is drawn by or submitted and reviewed by the city attorney, and as a matter of course, is signed by the city attorney to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 2.21 of this charter.

SECTION 6.33. Centralized Purchasing.

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

SECTION 6.34. Sale and Lease of City Property.

(a) The city council may sell and convey or lease any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the city administrator and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the city administrator to sell and convey such 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 such 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 such property under such terms and conditions as set out by ordinance. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.

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ARTICLE VII. GENERAL PROVISIONS. SECTION 7.10. Official Bonds.

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The officers and employees of the City of Milner, 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 90 days before or during which the existing city council shall pass a transition ordinance detailing the changes in personnel and appointive officers required or desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition.

SECTION 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.

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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 or parts held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence, or part thereof be enacted separately and independently of each other.

SECTION 7.16. Specific Repealer.

An Act incorporating the City of Milner in the County of Lamar (Ga. L. 1969, p. 3475) 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 Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 7.18. General Repealer.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2012 Session of the General Assembly of Georgia a bill to enact a new Charter for the City of Milner and for other purposes.
This 11th day of January, 2012.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, David Knight, who on oath deposes and says that he is the Representative from

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District 126 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Herald Gazette which is the official organ of Lamar County on February 17, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

s/ DAVID KNIGHT David Knight Representative, District 126

Sworn to and subscribed before me, this 7th day of March 2012.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires Aug. 14, 2015 (SEAL)

Approved April 11, 2012.

__________

GRIFFIN-SPALDING COUNTY AIRPORT AUTHORITY CREATION.

No. 536 (House Bill No. 1261).

AN ACT

To create and establish an airport authority in and for the County of Spalding and City of Griffin; to authorize such authority to acquire, construct, equip, maintain, operate, own, and improve airports and landing fields for the use of aircraft which shall include related buildings, equipment, and the usual and convenient facilities appertaining to such undertaking; to authorize the authority to acquire, lease, own, and hold a fee simple title, or any interest therein, to all necessary property therefor, both real and personal, within and outside the confines of Spalding County and to lease and sell any and all such facilities including real property; to confer powers and to impose duties on the authority; to provide for the membership and for the appointment of members of the authority and their term of tenure and their compensation; to authorize the authority to contract with others, both within and outside the confines of Spalding County, pertaining to airports and landing fields for the use of aircraft and to execute leases of such facilities and to do all things deemed necessary or convenient for the operation of such undertaking; to authorize the issuance of revenue bonds or obligations of the authority payable from the revenues, tolls, fees, charges, and

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earnings of the authority, including, but not limited to, earnings derived from leases and the use of the facilities, to pay the costs of such undertakings and to authorize the collection and pledging of the revenues and earnings of the authority for the payment of such bonds or obligations or to secure the payment thereof by contract, mortgage, deed to secure debt, security deed note, or trust deed and to define the rights of the holders of such bonds and securities; to provide that no liability or debt against the County of Spalding or the City of Griffin shall be incurred in the exercise of any powers granted by this Act; to make the bonds, securities, or obligations of the authority exempt from taxation; to authorize the issuance of refunding bonds, securities, or other obligations; to provide that such bonds, securities, or other obligations be validated as authorized by the "Revenue Bond Law"; 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 "Griffin-Spalding County Airport Authority Act."

SECTION 2. Griffin-Spalding County Airport Authority; creation.

There is created a body corporate and politic to be known as the Griffin-Spalding County Airport 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, bring and defend actions, implead and be impleaded, and complain and defend in all courts of law and equity, except that the authority of the trustee acting under the trust indenture herein provided for shall in no event be liable for any torts committed by any of the officers, agents, and employees of the authority. The authority shall have perpetual existence.

SECTION 3. Membership.

The Griffin-Spalding County Airport Authority shall be composed of nine members who shall be appointed by the governing authorities of the County of Spalding and City of Griffin as hereinafter set out. Members of each governing authority shall be qualified to serve in Posts No. 1 through 4. Within 60 days after the approval of this Act, it shall be the duty of said governing authorities to appoint the membership of the authority. The authority shall be composed of nine posts to be designated as Post No. 1, Post No. 2, Post No. 3, Post No. 4,

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Post No. 5, Post No. 6, Post No. 7, Post No. 8, and Post No. 9. The governing authorities of the County of Spalding and the City of Griffin shall each appoint two of their members to Posts No. 1 and 3 and Posts No. 2 and 4, respectively. The terms of these members shall coincide with their terms of elective office. For Posts No. 5 through 9, the term of each member shall be six years and until a successor is appointed and qualified, except that the initial terms shall be as follows: The member from Post No. 5 shall be appointed initially by the governing authority of Spalding County for a term which shall expire December 31, 2018, or when his or her successor is appointed and qualified. The member from Post No. 6 shall be appointed by the governing authority of the City of Griffin for a term which shall expire on December 31, 2017, or when his or her successor is appointed and qualified. The member from Post No. 7 shall be appointed by the governing authority of Spalding County for a term which shall expire on December 31, 2016, or when his or her successor is appointed and qualified. The member from Post No. 8 shall be appointed by the governing authority of the City of Griffin for a term which shall expire on December 31, 2015, or when his or her successor is appointed and qualified. The member from Post No. 9 shall be appointed by the governing authority of Spalding County for a term which shall expire on December 31, 2014, or when his or her successor is appointed and qualified; thereafter, such member from Post No. 9 shall be appointed to a full six-year term by the governing authority of the City of Griffin. Future appointments to Post No. 9 shall alternate between the governing authority of Spalding County and the governing authority of the City of Griffin. Following initial appointments, vacancies in each post, other than Post No. 9, shall be filled by the governing authority making the initial appointment.

SECTION 4. Meetings.

The authority shall hold its organizational meeting on July 16, 2012, at 10:00 A.M. in the City Courtroom, One Griffin Center, 100 S. Hill Street, Griffin, Georgia. Notice of such meeting shall be given to local news media not less than 15 days prior thereto, and a notice shall be posted on the city's official bulletin board and website. The authority shall meet at such times as may be necessary to transact the business coming before it, but not less than quarterly. All meetings shall be called, noticed, and conducted in accordance with Chapter 14 of Title 50 of the O.C.G.A., the "Open Meetings Law." At its organizational meeting and its first regular meeting in January of each year thereafter, the authority shall elect one of its members as its chairperson and another member as secretary-treasurer. It shall be the duty of the secretary-treasurer to prepare written minutes of all meetings of the authority. Only one person shall hold the office of secretary-treasurer. These officers shall be elected for a term ending on December 31 of the year in which they were elected or until their successors are elected and qualified. Five members of the authority shall constitute a quorum for the transaction of all business coming before it. The members of the authority may be compensated as determined from time to time by said governing authorities;

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however, it is expressly provided that they shall be reimbursed for all actual, reasonable, and necessary expenses incurred in the performance of their duties.

SECTION 5. Vacancies in office.

In the event of a vacancy on the authority by reason of death, resignation, or otherwise, the vacancy shall be filled by the governing authority which appointed such member, and the person so appointed shall serve for the remainder of the unexpired term.

SECTION 6. Definitions.

(a) As used in this Act, the term: (1) "Authority" means the "Griffin-Spalding County Airport Authority" created in Section 2 of this Act. (2) "Cost of the project" means the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery, equipment, financing charges, and interest prior to and during construction; the cost of engineering, architectural, fiscal, and legal expenses; the cost of plans and specifications; and such other expenses as may be necessary or incidental to the financing herein authorized, the construction or improvement of any project, and the placing of the same in operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of any funds of the authority including the proceeds from any revenue bonds issued under the provisions of this Act for any such project or projects. (3) "Project" means and includes the leasing, acquisition, construction, equipping, maintenance, improving, and operation of public airports and landing fields for the use of aircraft, related buildings, and the usual and convenient facilities appertaining to such undertakings; extensions and improvements of such facilities; the acquisition of necessary property, both real and personal; and the lease and sale of any part of or all of such facilities, including real and personal property, so as to assure the efficient and proper development, maintenance, and operation of such airports and landing fields for the use of aircraft, deemed by the authority to be necessary, convenient, or desirable for the operation of such airports and landing fields anywhere within Spalding County. (4) "Revenue bonds," "bonds," or "obligations" mean revenue bonds as defined and provided for in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," and such type of obligations may be issued by the authority as authorized under said "Revenue Bond Law" and any amendments thereto, and in addition shall also mean obligations of the authority the issuance of which are hereinafter authorized in this Act.

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(b) Any project shall be deemed "self-liquidating" if, in the judgment of the authority, the revenues and earnings to be derived by the authority therefrom and all properties used, leased, and sold in connection therewith will be sufficient to pay the cost of constructing, operating, maintaining, repairing, improving, and extending the project and to pay the principal and interest of the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects.

SECTION 7. Powers.

(a) The authority shall have power: (1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, gift, or otherwise on such terms and conditions and in such manner as it may deem proper, real property or rights or easements therein or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue, and to lease or make contracts with respect to the use of or disposition of the same in any manner it deems to the best advantage of the authority; (4) To appoint, select, and employ officers and employees, or, in the alternative, the authority may contract with the City of Griffin for its officers and employees or may contract with the city for personnel services and benefits, including payroll, insurance, and retirement programs. The authority may enter into contracts with consultants and independent contractors, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and fix their respective compensation; (5) To make contracts, leases, and to execute all instruments necessary or convenient including contracts for construction of projects or leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired and any and all persons, firms, and corporations and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they may deem advisable; the authority is further granted the authority to make contracts, leases, and to execute all instruments necessary or convenient with the United States government or any agency or department thereof concerning the projects of the authority, subject to the rights and interests of the holder of any of the bonds or obligations authorized to be issued hereunder, and by the resolution or trust indenture of the authority authorizing the issuance of any of its bonds or obligations as provided for in this Act; (6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, as hereinabove defined, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds or other funds of the

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authority or from such proceeds or other funds and any grant from the United States of America, State of Georgia, County of Spalding, City of Griffin, or any agency or instrumentality thereof; (7) To accept loans and grants, or 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 or political subdivision thereof or from any other source, upon such terms and conditions as the United States of America or such agency or instrumentality or other source may impose; (8) To accept loans and grants, or to accept loans or grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof or from any other source, upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision or any other source may impose; (9) To borrow money for any of its corporate purposes and to execute evidence of such indebtedness by promissory notes, or otherwise, and to secure the same and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; (10) To exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitution and laws of this state, except the right of eminent domain; (11) The authority and the trustee acting under the trust indenture are specifically authorized from time to time to sell, lease, grant, exchange, or otherwise dispose of any surplus property, both real or personal, or interest therein not required in the normal operation of and usable in the furtherance of the purpose for which the authority was created; (12) To do all things necessary or convenient to exercise and carry out the powers especially given in this Act; (13) To make rules and bylaws for the orderly operation of the authority; and (14) To request the city or county to 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, in accordance with the provisions of any and all existing laws applicable to the exercise of such power. The authority shall pay the condemning authority for any property condemned under this power, including legal fees and expenses (such as surveys and appraisals), from its own funds and in proceedings to condemn pursuant to this section, the court having jurisdiction of the suit, action, or proceeding may enter such orders regarding the payment for such property or interest therein as may be fair and just to the city or county, the authority, and the owners of the property being condemned. Any such procedure may suggest the method of payment by the authority to persons who shall own or have an interest in the property. (b) The authority, notwithstanding any other provision herein to the contrary, is authorized to exercise each and every of the powers conferred upon it by this Act, specifically including

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the issuance of revenue bonds, both within and outside the confines of Spalding County, and to contract with any other entity, governmental or otherwise, for the joint acquisition, construction, use, or operation of airports and related facilities outside the limits of Spalding County. Prior to exercising any of said powers outside the limits of Spalding County, said authority shall be required to obtain the approval of the governing authorities of both the City of Griffin and Spalding County.

SECTION 8. Revenue bonds.

The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created hereby, shall have power and is authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds, for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates as may be authorized by the authority from time to time, shall be payable as provided by resolution of the authority, shall mature at such time or times not exceeding 30 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 made redeemable before maturity at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds. Such revenue bonds or obligations shall be issued pursuant to and in conformity with Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," and all procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in said "Revenue Bond Law" and any amendments thereof.

SECTION 9. Form, denominations, registration, place of payment.

The authority shall determine the form of the bonds, 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 within 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.

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SECTION 10. Signatures, seal.

In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All such bonds shall be signed by the chairperson of the authority and attested by the secretary-treasurer of the authority and the official seal of the authority shall be affixed thereto and any coupons attached thereto shall bear the facsimile signatures of the chairperson and secretary-treasurer of the authority. Any bond may be signed, sealed, and attested on behalf of the authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of delivery and payment of such bonds such persons may not have been so authorized or shall not have held such office.

SECTION 11. Negotiability, exemption from taxation.

All revenue bonds issued under the provisions of this Act shall have and are declared to have all the qualities and incidents of negotiable instruments under the negotiable instrument law of the state. Such bonds are declared to be issued for an essential public and governmental purpose and the said bonds, their transfer, and the income thereof shall be exempt from all taxation within the state.

SECTION 12. Sale, price.

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.

SECTION 13. Proceeds of bonds.

The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects, and unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of any deficit for the cost of the project or projects which, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purposes. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds

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are issued, the surplus shall be paid into a sinking fund or used for additional construction as may be provided in the resolution authorizing the issuance of the bonds or in the trust indenture.

SECTION 14. 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.

SECTION 15. Replacement of lost or mutilated bonds.

The authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost.

SECTION 16. Conditions precedent to issuance, object of issuance.

Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by this Act. In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the authority by a majority of the quorum as in this Act provided.

SECTION 17. Credit not pledged.

Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of either the City of Griffin or Spalding County, or any municipality therein, but such bonds shall be payable solely from the fund hereinafter provided for and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the said city or county, or any municipality therein, to levy or to pledge any form of taxation whatever therefor or to make any appropriation for such payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section.

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SECTION 18. Trust indenture as security.

In the discretion of the authority, any issue of such revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the state. Such trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the authority, including the proceeds derived from the sale from time to time of any surplus property of the authority, both real and personal. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair, and insuring of the property, and the custody, safeguarding, and application of all moneys, including the proceeds derived from the sale or lease of property of the authority, both real and personal, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the authority, and satisfactory to the original purchasers of the bonds issued therefor and may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture.

SECTION 19. 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 to hold and apply the same to the purposes thereof, subject to such regulations as this Act and such resolutions or trust indentures may provide.

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SECTION 20. 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 and any moneys derived from the sale or lease of any properties, both real and personal, of the authority, unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on such revenue bonds of the authority as the resolution authorizing the issuance of the bonds or the trust instrument may provide, and such funds so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund, which 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 of the bonds as the same shall fall due, (3) the necessary charges of a paying agent or agents for paying interest and principal, (4) any premium upon bonds retired by call or purchase as hereinabove provided, and (5) any other reasonable or necessary costs or expenses relating to such bond issue. 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, however, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture, surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be canceled and shall not again be issued.

SECTION 21. 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 herein given 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 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, and other charges for the use of the facilities and services furnished.

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SECTION 22. Refunding bonds.

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 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 23. Validation.

Bonds of the authority shall be confirmed and validated in accordance with said "Revenue Bond Law." The petition for validation shall also make party defendant to such action any municipality, county, authority, subdivision, or instrumentality of the State of Georgia or the United States government or any department or agency of the United States government, if subject to be sued, 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 such municipality, county, authority, subdivision, or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as security for the payment of any such bonds of the authority. The bonds when validated and the judgment of validation shall be final and conclusive with respect to such bonds against the authority issuing the same, and any municipality, county, authority, subdivision, or instrumentality of this state or the United States government if a party to the validation proceedings, contracting with the said Griffin-Spalding County Airport Authority.

SECTION 24. 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 Spalding 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.

GEORGIA LAWS 2012 SESSION
SECTION 25. Interest of bondholders protected.

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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 shall be created which will compete with the authority to such an extent as to affect adversely the interest and rights of the holders of such bonds and, upon the issuance of bonds hereunder, the provisions hereof shall constitute a contract with the holders of such bonds.

SECTION 26. 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.

SECTION 27. Purpose of the authority.

Without limiting the generality of any provisions of this Act, the general purpose of the authority is declared to be that of acquiring, constructing, equipping, maintaining, improving, and operating public-use, general aviation airports and landing fields for the use of aircraft, including any related buildings and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities, acquiring the necessary property therefor, both real and personal, and to lease or sell any or all of such facilities including real property, and to do any and all things deemed by the authority necessary, convenient, or desirable for and incident to the efficient and proper development and operation of such types of undertakings.

SECTION 28. Rates, charges, and revenues; use.

The authority is authorized to prescribe and fix and collect rates, fees, tolls, and charges, and to revise, from time to time, and collect such rates, fees, tolls, and charges for the services, facilities, or commodities furnished, including leases, concessions, or subleases of its lands or facilities. In accordance with assurances set forth in airport improvement and assistance agreements entered into between the authority and the Federal Aviation Administration or the United States Department of Transportation, or obligations assumed by the authority under prior agreements entered between the County of Spalding or City of Griffin with the

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Federal Aviation Administration, the authority shall maintain a fee and rental structure for the use of its land and facilities sufficient to make any airport or landing field operated by the authority as self-sustaining as possible under the circumstances existing at the particular airport, consistent with the obligation to operate such airports or landing fields for public use, on reasonable terms and without unjust discrimination, to all types, kinds, and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at such airport or landing field.

SECTION 29. Rules and regulations for operation of projects.

It shall be the duty of the authority to prescribe rules and regulations for the operation of the project or projects constructed under the provisions of this Act, including the basis on which airports and landing fields for the use of aircraft shall be furnished. Before undertaking performance of any airport or landing field operations, the authority shall procure and maintain in force at all times sufficient liability insurance covering aviation related risks for their operations. At all times relevant hereto, the authority shall operate its airports and landing fields in accordance with grant assurances entered into with the Federal Aviation Administration or the United States Department of Transportation, including any such assurances assumed by the authority under previous grants, loans, or assistance agreements between the County of Spalding or the City of Griffin and the Federal Aviation Administration.

SECTION 30. 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 thereby 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.

SECTION 31. Liberal construction of Act.

This Act being for the purpose of promoting the health, morals, and general welfare of the citizens of the United States, of the State of Georgia, of Spalding County, and of the City of Griffin shall be liberally construed to effect the purposes hereof.

SECTION 32.

This Act shall become effective on July 1, 2012.

GEORGIA LAWS 2012 SESSION SECTION 33.
All laws and parts of laws in conflict with this Act are repealed.

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STATE OF GEORGIA, COUNTY OF SPALDING.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is hereby given that the undersigned will introduced at the 2012 Session of the Georgia General Assembly an Act creating the Griffin-Spalding County Airport Authority, and providing for the powers, procedures, duties, and responsibilities thereof; and for other purposes.
David Knight District 126 House of Representatives Georgia General Assembly February 10, 2012.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, David Knight, who on oath deposes and says that he is the Representative from District 126 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Griffin Daily News which is the official organ of Spalding County on February 10, 2012, and that the notice requirements of Code Section 28-1-14 have been met.
s/ DAVID KNIGHT David Knight Representative, District 126
Sworn to and subscribed before me, this 7th day of March 2012.
s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

My Commission Expires Aug. 14, 2015 (SEAL)

Approved April 11, 2012.

__________

MACON-BIBB COUNTY COMMUNITY ENHANCEMENT AUTHORITY CREATION.

No. 537 (House Bill No. 1265).

AN ACT

To create the Macon-Bibb County Community Enhancement Authority; to provide a statement of legislative findings; to define certain terms; to provide for a board of trustees, appointment of members, and meetings; to provide for powers and duties; 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 "Macon-Bibb County Community Enhancement Authority Act."

SECTION 2. Legislative findings.

(1) The General Assembly finds that pockets of extreme poverty exist throughout the state, and these pockets are surrounded areas that are in some cases areas of only slightly less severe poverty and in other cases areas of relative prosperity or even great wealth. (2) While agencies and programs now exist for the purposes of commercial development, elimination of blight, community improvement, and alleviation of poverty, none of those programs are designed to provide a holistic approach to the myriad problems found in these pockets of poverty which act in concert to defeat anything other than a concentrated program flexible enough to address the problems unique to certain areas.

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(3) It is the intent of the General Assembly in creating the Macon-Bibb County Community Enhancement Authority to establish an entity capable of identifying and targeting the specific elements which are causing intractable poverty in these pockets of severe poverty and develop programs to address them as a unit.

SECTION 3. Macon-Bibb County Community Enhancement Authority.

(a) There is created a public body corporate and politic to be known as the "Macon-Bibb County Community Enhancement 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 be governed by a board of trustees consisting of a chairperson and four members. The chairperson shall be selected by majority vote of the Bibb County Delegation to the General Assembly of Georgia. Two members shall be appointed by the chairperson. One member each shall be appointed by the governing authorities of Bibb County and the City of Macon. Members shall serve terms of four years.

SECTION 4. Definitions.

As used in this Act, the term: (1) "Authority" means the Macon-Bibb County Community Enhancement Authority created by this Act. (2) "Board" means the board of trustees of the Macon-Bibb County Community Enhancement Authority. (3) "Category IV poverty area" means an area designated by the federal Department of Commerce as a census block in which the poverty level is 40 percent or higher. (4) "Community development project" means a project developed by the authority to improve the business, commercial, and residential infrastructure of a category IV poverty area. Such project shall be designed according to the specific problems and needs of the area addressed and may, without limitation, be designed to eliminate blight, encourage the establishment or growth of commercial endeavors, or improve the quality of life in such area through the creation of affordable housing, parks, and recreation facilities and programs. (5) "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,

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accounting, legal expenses, plans, 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. (6) "Project" means any undertaking permitted by the revenue bond law. (7) "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. (8) "Revenue bonds" means revenue bonds authorized to be issued pursuant to this Act. (9) "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. (10) "State" means the State of Georgia.

SECTION 5. Powers.

The authority shall have the power: (1) To have a seal and alter the same at its pleasure; (2) To 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; (3) 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; (4) To accept loans or grants of money or materials or property of any kind from private corporations, individuals, and entities, upon such terms and conditions as such private corporations, individuals, and entities may require; (5) To administer funds under its control so as to engage in community development projects in category IV poverty areas; provided, however, that when an area improves to the point that it is no longer classified as a category IV poverty area, the authority shall phase out involvement in such area and turn over projects to local authorities over the period of one year following the redesignation of the area;

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(6) 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; (7) To coordinate the activities of federal, state, local, and private entities to pursue community development projects; (8) To contract for the construction of buildings and facilities and to use, sell, or lease such buildings and facilities to accomplish the purposes of the authority; (9) 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 encumbrances; (10) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and fix their respective compensations; (11) 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, Bibb County, and the City of Macon, Georgia, and Payne City 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; (12) To acquire, construct, add to, extend, improve, equip, hold, operate, maintain, lease, and dispose of projects; (13) 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; (14) 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;

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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

SECTION 6. Meetings and public hearings.

The board shall meet at the call of the chairperson. In addition, the board shall hold public hearings in each category IV poverty area within which it operates or anticipates operating a community development project to receive public comments relating to the needs of the community and possible ways to address such needs. The board shall consider, but shall not be bound by, such comments and suggestions.

SECTION 7. Revenue bonds.

The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created by this Act, 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.

SECTION 8. 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.

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SECTION 9. Same, signatures, seal.

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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 10. 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 11. 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 12. 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.

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SECTION 13. 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 14. Same, conditions precedent to issuance.

The authority shall adopt a resolution authorizing the issuance of the revenue bonds. In the resolution, the authority shall determine that the project financed with the proceeds of the revenue bonds is self-liquidating. Revenue bonds may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions, and things which are specified or required by this Act. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the authority by a majority of its members.

SECTION 15. Credit not pledged.

Revenue bonds shall not be deemed to constitute a debt of Bibb County or the City of Macon, Georgia, nor a pledge of the faith and credit of the county or 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 county or 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 16. 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

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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 17. To whom proceeds of bonds shall be paid.

In the resolution providing for the issuance of revenue bonds or in the trust indenture, the authority shall provide for the payment of the proceeds of the sale of the 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 18. 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.

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SECTION 19. 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 20. 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 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 21. Venue and jurisdiction.

Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such authority shall be brought in the Superior Court of Bibb 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.

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SECTION 22. Interest of bondholders protected.

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While any of the revenue bonds issued by the authority remain outstanding, the powers, duties, or existence of the authority or its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such revenue bonds, and no other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interest and rights of the holders of such revenue bonds, nor will the state itself so compete with the authority. The provisions of this Act shall be for the benefit of the authority and the holders of any such revenue bonds and upon the issuance of such revenue bonds under the provisions hereof shall constitute a contract with the holders of such revenue bonds.

SECTION 23. Moneys received considered trust funds.

All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenue, income, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.

SECTION 24. Purpose of the authority.

Without limiting the generality of any provision of this Act, the general purpose of the authority is declared to be that of eliminating Category IV poverty.

SECTION 25. Rates, charges, and revenues, use.

The authority is authorized to prescribe and fix rates and to revise the same from time to time and to collect 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.

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SECTION 26. 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 27. Tort immunity.

To the extent permitted by law, the authority shall have the same immunity and exemption from liability for torts and negligence as Bibb County and the City of Macon, 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 Bibb County and the City of Macon, Georgia, when in the performance of their public duties or the work of the city.

SECTION 28. 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 29. Effect on other governments.

This Act shall not and does not in any way take from Bibb County or the City of Macon, 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 30. 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.

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SECTION 31. Effective date.

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

SECTION 32. Repealer.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2012 session of the General Assembly of Georgia a bill to create the Macon-Bibb County Community Enhancement Authority; to provide a statement of legislative findings; to define certain terms; to provide for a board of trustees, appointment of members, and meetings; to provide for powers and duties; 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.
This 2nd day of March, 2012.
/s/ Representative James Beverly
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James Beverly, who on oath deposes and says that he is the Representative from District 139 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Macon Telegraph which is the official organ of Bibb County on March 7, 2012, and that the notice requirements of Code Section 28-1-14 have been met.
s/ JAMES BEVERLY James Beverly Representative, District 139

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Sworn to and subscribed before me, this 8th day of March 2012.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2015 (SEAL)

Approved April 11, 2012.

__________

ACWORTH LAKE AUTHORITY MEMBERSHIP; QUORUM.

No. 538 (House Bill No. 1266).

AN ACT

To amend an Act creating the Acworth Lake Authority, approved February 19, 1951 (Ga. L. 1951, p. 265), as amended, so as to change membership requirements; to change the number required for a quorum; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating the Acworth Lake Authority, approved February 19, 1951 (Ga. L. 1951, p. 265), as amended, is amended by revising Section 2 as follows:

"SECTION 2. There is hereby created a body corporate and politic, to be known as the Acworth Lake Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation, and by that name, style, and title, said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The authority shall consist of five members, one of whom shall be the mayor of the City of Acworth in Cobb County, and four members who shall be selected by the mayor and council of that city being the governing body of the City of Acworth. The term of office on the authority of the mayor of the City of Acworth shall be for the same term that he or she is acting as mayor of said city, and he or she shall be the chairperson of the Acworth Lake Authority. In addition to the chairperson provided for above, the authority shall select one of its members as secretary-treasurer. The initial four

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members of the Acworth Lake Authority, other than the mayor of the City of Acworth, shall be elected at the first meeting of the mayor and council of the City of Acworth in the month of May, 1964. One member elected at that time shall serve for one year and until the election and qualification of his or her successor at the first meeting of the mayor and council of the City of Acworth in the month of May, 1965; another member elected in May, 1964, shall serve for two years and until the election and qualification of his or her successor at the first meeting of the mayor and council of the City of Acworth in the month of May, 1966; another member elected in May, 1964, shall serve for three years and until the election and qualification of his or her successor at the first meeting of the mayor and council of the City of Acworth in the month of May, 1967; and another member elected in May, 1964, shall serve for four years and until the election and qualification of his or her successor at the first meeting of the mayor and council of the City of Acworth in the month of May, 1968. Thereafter, the terms of all members of the authority, other than the mayor of the City of Acworth, shall be for four years and until their successors are elected and qualified so that staggered terms for members, other than the mayor of the City of Acworth, shall exist. Three members of the authority shall constitute a quorum. Each member of the authority shall have one vote, including the chairperson, on any issue or matter. A majority of the quorum shall be empowered to exercise all the rights and perform all the duties of the authority, and no vacancy on the authority shall impair the right of the quorum to act. In the event of a vacancy on the authority through death, resignation, or otherwise, such vacancy shall be filled for the unexpired term of the member ceasing to be a member of such authority in the same manner that such member originally became a member of the authority. The membership of the authority shall serve without compensation except that they shall be reimbursed for the actual expenses necessarily incurred in the performance of their duties. The authority shall make rules and regulations for its own government. It shall have perpetual existence."

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2012 session of the General Assembly of Georgia a bill to amend an Act creating the Acworth Lake Authority, approved February 19, 1951 (Ga. L. 1951, p. 265), as amended, so as to change membership

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requirements; to change the number required for a quorum; to provide for an effective date; and for other purposes.

Representative Ed Setzler District 35

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 March 9, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

s/ ED SETZLER Ed Setzler Representative, District 35

Sworn to and subscribed before me, this 12th day of March 2012.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires Aug. 14, 2015 (SEAL)

Approved April 11, 2012.

__________

ACWORTH AREA CONVENTION AND VISITORS BUREAU CHANGE NAME TO ACWORTH TOURISM BUREAU AUTHORITY; MEMBERSHIP; TERMS AND VACANCIES.

No. 539 (House Bill No. 1267).

AN ACT

To amend an Act to create the Acworth Area Convention and Visitors Bureau, approved April 4, 1997 (Ga. L. 1997, p. 3793), so as to change the name of the bureau to the Acworth

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Tourism Bureau Authority; to provide for change in membership, terms, and vacancy provisions; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to create the Acworth Area Convention and Visitors Bureau, approved April 4, 1997 (Ga. L. 1997, p. 3793), is amended by revising Section 1 as follows:

"SECTION 1. This Act will be known and may be cited as the 'Acworth Tourism Bureau Authority Act.'"

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

"SECTION 2. As used in this Act, the term:
(1) 'Area' means the geographic area of the city and of the county. (2) 'Authority' means the Acworth Tourism Bureau Authority. (3) 'City' means the City of Acworth. (4) 'Conventions' means that term as defined in Chapter 13 of Title 48 of the O.C.G.A. (5) 'County' means Cobb County, Georgia. (6) 'Special events' means events which, in the judgment of the authority, will promote tourism in the area. (7) 'Tourism' means that term as defined in Chapter 13 of Title 48 of the O.C.G.A. (8) 'Trade show' means that term as defined in Chapter 13 of Title 48 of the O.C.G.A."

SECTION 3. Said Act is further amended by revising subsection (a) of Section 3 as follows:
"(a) There is created a body public and politic to be known as the Acworth Tourism Bureau Authority. The authority shall be deemed to be a political subdivision of the state and a public corporation and by that name may contract and be contracted with, sue and be sued, implead and be impleaded, and bring and defend actions. Said authority shall be a convention and visitors bureau authority created by an Act of the General Assembly for a municipality for purposes of Code Section 48-13-51 of the O.C.G.A. and is intended to be an agency and instrumentality of the city and a governmental unit for purposes of Section 103 and Sections 141 and 150 of the Internal Revenue Code of 1986, as amended, and, as to the city, is intended to be a subordinated entity for purposes of Section 265(b)(3)(E)(ii) of the Internal Revenue Code of 1986, as amended. The authority shall not be a state institution nor a department or agency of the state but shall be a creation of the state, having a distinct corporate identity and being exempt from the provisions of

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Article 2 of Chapter 17 of Title 50 of the O.C.G.A., the 'Georgia State Financing and Investment Commission Act.'"

SECTION 4. Said Act is further amended by revising subsection (a) of Section 4 as follows:
"(a) The authority shall consist of seven members who shall be natural persons who shall serve for a term of two years and who shall be eligible for reappointment. The members shall be appointed by the mayor and board of aldermen of the City of Acworth. No official or employee of the city shall serve as a member of the authority. The mayor has the right to vote on such appointments. The terms shall be appointed for staggered terms as determined by the mayor and board of aldermen of the City of Acworth, and thereafter their successors shall be appointed for terms of two years expiring on the last day of January. Appointments for the succeeding term shall be made in January with such appointments being effective as of the next February 1. Any member may resign at any time by filing a written notice of resignation with the city clerk. Vacancies shall be filled for an unexpired terms by the mayor and board of aldermen. Members shall serve at the pleasure of the mayor and board of aldermen, and any member may be removed by majority vote of the mayor and board of aldermen, with or without cause, and neither the city nor the mayor nor any member of the board of aldermen shall be subject to any liability on account of such removal."

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

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2012 session of the General Assembly of Georgia a bill to amend an Act to create the Acworth Area Convention and Visitors Bureau, approved April 4, 1997 (Ga. L. 1997, p. 3793), so as to change the name of the bureau to the Acworth Tourism Bureau Authority; to provide for change in membership, terms, and vacancy provisions; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Representative Ed Setzler District 35

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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 March 9, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

s/ ED SETZLER Ed Setzler Representative, District 35

Sworn to and subscribed before me, this 12th day of March 2012.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires Aug. 14, 2015 (SEAL)

Approved April 11, 2012.

__________

BRUNSWICK-GLYNN COUNTY JOINT WATER AND SEWER COMMISSION IMMUNITY; MEMBERSHIP; APPOINTMENT, ELECTION, TERMS, COOPERATION, QUORUM, SALARIES, AND OFFICERS; NOTICES AND HEARINGS; PERFORMANCE AUDIT OR REVIEW; REFERENDUM.

No. 540 (House Bill No. 1271).

AN ACT

To amend an Act creating the Brunswick-Glynn County Joint Water and Sewer Commission, approved April 19, 2006 (Ga. L. 2006, p. 3661), so as to provide for immunity for the commission and its officers, agents, and employees; to provide for changes to membership, appointment, election, terms, cooperation, quorum, salaries, and officers of the commission; to provide for notices and hearings to be conducted prior to any increase in rates, fees, tolls, or charges to customers for water or sewer system services; to provide for a performance

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audit or performance review; to provide for a referendum; to provide for submission of this Act to the United States Department of Justice for preclearance; to provide for related matters; to provide effective dates; to provide for contingent repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I SECTION 1-1.

An Act creating the Brunswick-Glynn County Joint Water and Sewer Commission, approved April 19, 2006 (Ga. L. 2006, p. 3661), is amended by revising Section 2 as follows:

"SECTION 2. (a) There is hereby created a body corporate and politic, to be known as the Brunswick-Glynn County Joint Water and Sewer Commission, and by that name, style, and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity, except that the commission and its officers, agents, and employees when in the performance of their public duties or work of the commission, shall in no event be liable for any torts or negligent acts and shall have immunity therefrom, nor shall the commission be vicariously liable for any torts committed by its officers, agents, and employees. The commission shall have perpetual existence, and shall be deemed a governmental body within the meaning of the Georgia Revenue Bond Law, Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, specifically under subparagraph (2)(C) of Code Section 36-82-61.
(b)(1) No person, firm, or corporation having a claim for money damages against the commission on account of injuries to any person or property shall bring any action against the commission for such injuries without first giving notice within six months of the happening of the event upon which a claim is predicated. (2) The person, firm, or corporation shall present the claim in writing to the governing authority of the commission for adjustment, stating the time, place, and extent of the injury, as nearly as practicable, and the negligence which caused the injury. No action shall be entertained by the courts against the commission until the cause of action therein has first been presented to the governing authority of the commission for adjustment. (3) The commission shall have 30 days from the presentation of the claim to consider and act upon the claim. Action by the commission, unless it results in the settlement thereof, shall in no sense be a bar to an action therefor in the courts. (4) The running of the statute of limitations shall be suspended during the time that the demand for payment is pending before the commission without action on the part of the commission."

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SECTION 1-2. Said Act is further amended by adding after Section 7 two new sections to read as follows:

"SECTION 7A. The commission shall not approve any increase in rates, fees, tolls, or charges to customers for water or sewer system services except after notices and hearings as required by this section. The commission shall conduct at least two public hearings within the territory of Glynn County prior to approving any such increase, with at least one hearing conducted at a location on the mainland and at least one hearing conducted during a different calendar week on St. Simons Island. Notice of such hearings, specifying the dates, times, locations, and subject matter thereof, shall be published in the legal organ of Glynn County at least once a week for two successive weeks, with the first such notice being published not less than 30 days in advance of the first such hearing, and shall be prominently displayed and posted on the commission's website. The notice shall also be a prominently displayed advertisement or news article or placed in that section of the newspaper where legal notices appear. The contents of such notice shall also be included at least once in bills for service to those persons who are water or sewer service customers of the commission, at least one and not more than two billing cycles prior to the date of the first hearing. The notices published in the legal organ and included in customers' bills shall include a financial justification for any such proposed increase, with five-year projections of future operating revenues and expenses with and without such proposed increase, along with a history of the dates and amounts of any changes in customer rates, fees, tolls, or charges previously approved by the commission during the five-year period immediately preceding the effective date of the proposed increase.

SECTION 7B. The commission shall provide for a continuing performance audit or performance review. The first of such audits or performance reviews shall be conducted according to this provision within one year after the effective date of this Act, and every four years thereafter. The commission shall contract with an outside auditor, consultant, or other provider for such performance audit or performance review. The performance audit or performance review contract shall:
(1) Include a goal of ensuring to the maximum extent possible that the commission is operating as efficiently and economically as possible; and (2) Provide for the issuance of periodic public recommendations, not less often than once every four years, for improvements in meeting the goal specified in paragraph (1) of this section. The results of the performance audit or performance review shall be published on the commission website and shall be made available for inspection at the office of the commission within 60 days of the completion of such audit or review."

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PART II SECTION 2-1.

An Act creating the Brunswick-Glynn County Joint Water and Sewer Commission, approved April 19, 2006 (Ga. L. 2006, p. 3661), is amended by revising Section 4 as follows:

"SECTION 4. (a) The commission is continued, but shall be constituted as provided in this Act. On and after January 1, 2013, the commission shall consist of seven members as provided for in this Act. (b) The governing authorities of the county and the city shall each appoint one of their members to the commission. The initial term of the member appointed by the city and the member appointed by the county shall be for a period of one year beginning January 1, 2013, and until their respective successors are selected and qualified, and all succeeding terms shall be for a period of two years and until their respective successors are selected and qualified, except that no member appointed to one of these two positions or their successors in office shall serve beyond their term in office as a member of the respective appointing body. There shall be no limit to the number of terms a person may serve as a member of the commission. (c) The current members of the commission on the effective date of this Act shall continue to serve until the effective date of this Act and until their respective successors shall be appointed and qualified. (d) Five citizen members shall serve on the commission. The grand jury of Glynn County shall select and name three citizens to serve on the commission as provided by this Act. Citizen 1 and Citizen 3 appointed by the grand jury shall serve for a period of one year beginning January 1, 2013, and until their respective successors are appointed and qualified, and all succeeding terms shall be for a period of two years and until their respective successors are appointed and qualified. Citizen 2 appointed by the grand jury shall serve for a period of two years beginning January 1, 2013, and until his or her successor is appointed and qualified, and all succeeding terms shall be for a period of two years and until his or her successor is appointed and qualified. Successors in office to the original three citizen members shall be selected in the same manner by the grand jury then sitting. The grand jury shall seek applications from residents of the city or county and select the citizen members from these applicants. The citizens shall be selected, if such persons apply for commission membership, from individuals possessing specialized engineering, finance or related business education or experience, including, but not limited to, accounting, public relations, or other experience or education relating to the operation of a water and sewer authority, industrial management, or related business. (e) Within 30 days after the effective date of this Act, the grand jury shall cause to be advertised citizen positions on the commission setting forth the qualifications and application process. The grand jury shall set a date certain to receive the applications and

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conduct interviews within 30 days of such advertisement. The grand jury shall accept applications, conduct interviews, and verify applicants' information, and make selections no later than 90 days after the initial advertisement. Prior to final membership selection, the grand jury shall also set a date and time for public comment and the grand jury may consider comments from private citizens at such public hearings. The first appointees shall begin their terms on January 1, 2013, and thereafter such selections shall be made no later than the second Monday of December and each appointee's term shall begin the following January of each year. (f) The two additional members of the commission, Citizen 4 and Citizen 5, shall be elected by the qualified electors of the entire county at a special election to be conducted in conjunction with the state-wide general election in 2012. Members shall be elected for two-year terms of office and until their respective successors are elected and qualified. Such members shall take office on January 1 following their election. (g) Successors to the members elected under subsection (f) of this section shall be elected at the state-wide general election next preceding the expiration of the term of office for terms of two years and until their respective successors are elected and qualified. Such successors to the members shall take office on January 1 following their election. (h) Each citizen member of the commission shall have been a resident of the county for at least 12 months prior to his or her appointment, shall be 21 years of age or older, and shall be registered to vote in this state. (i) In the event of a vacancy, with the exception of those appointed by the governing authority of the county and city, a member's successor shall be appointed by the grand jury of Glynn County. (j) The commission may declare that any appointed member missing three consecutive meetings of the commission has vacated his or her office. The commission may for good cause shown excuse any absence of an individual member so that it does not count toward this limit. If the commission declares an office vacated, it may request the county or the city, or grand jury as appropriate, to name a successor to serve the balance of that former member's term. Within 30 days of receiving such a request, the governing commission of the county or the city or the grand jury shall appoint a successor. Members of the commission shall be officers of the commission when performing the functions of those offices and those members appointed from the city or county shall not be deemed to be officers of the city or county. (k) Except for those members appointed under subsection (b) of this section, all members shall be paid $500.00 per month and shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties, including mileage reimbursed at the standard business mileage rate as determined by the Internal Revenue Service and adopted by the commission. (l) A quorum of the members of the commission shall be required to transact any business. Five members of the commission shall constitute a quorum. Meetings of the commission shall be conducted in accordance with Robert's Rules of Order.

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(m) The commission shall elect a chairperson from its members to serve a one-year term. There shall be no limit to the number of terms, consecutive or otherwise, that the chairperson may serve."

PART III SECTION 3-1.

An Act creating the Brunswick-Glynn County Joint Water and Sewer Commission, approved April 19, 2006 (Ga. L. 2006, p. 3661), is amended by revising Section 4 as follows:

"SECTION 4. (a) The commission is continued, but shall be constituted as provided in this Act. On and after January 1, 2013, the commission shall consist of seven members as provided for in this Act. (b) The governing authorities of the county and the city shall each appoint one of their members to the commission. The initial term of the member appointed by the city and the member appointed by the county shall be for a period of one year beginning January 1, 2013, and until their respective successors are selected and qualified, and all succeeding terms shall be for a period of two years and until their respective successors are selected and qualified, except that no member appointed to one of these two positions or their successors in office shall serve beyond their term in office as a member of the respective appointing body. There shall be no limit to the number of terms a person may serve as a member of the commission. (c) The current members of the commission on the effective date of this Act shall continue to serve until the effective date of this Act and until their respective successors shall be appointed and qualified. (d) The grand jury of Glynn County shall select and name five citizens to serve on the commission as provided by this Act. Citizens 1, 2, and 3 appointed by the grand jury shall serve for a period of one year beginning January 1, 2013, and until their respective successors are appointed and qualified, and all succeeding terms shall be for a period of two years and until their respective successors are appointed and qualified. Citizens 4 and 5 shall serve for a period of two years beginning January 1, 2013, and until their respective successors are appointed and qualified, and all succeeding terms shall be for a period of two years and until their respective successors are appointed and qualified. Successors in office to the original five citizen members shall be selected in the same manner by the grand jury then sitting. The grand jury shall seek applications from residents of the city or county and select the citizen members from these applicants. Three of the citizens shall be selected, if such persons apply for commission membership, from individuals possessing specialized engineering, finance or related business education or experience, including, but not limited to, accounting, public relations, or other experience or education relating to the operation of a water and sewer authority, industrial management, or related business.

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(e) Two of the citizens shall be selected by the grand jury from applicants that demonstrate to the grand jury's satisfaction a desire to serve and have demonstrated through the application and interview process sufficient ability to serve. (f) Within 30 days after the effective date of this Act, the grand jury shall cause to be advertised citizen positions on the commission setting forth the qualifications and application process. The grand jury shall set a date certain to receive the applications and conduct interviews within 30 days of such advertisement. The grand jury shall accept applications, conduct interviews, and verify applicants' information, and make selections no later than 90 days after the initial advertisement. Prior to final membership selection, the grand jury shall also set a date and time for public comment and the grand jury may consider comments from private citizens at such public hearings. The first appointees shall begin their terms on January 1, 2013, and thereafter such selections shall be made no later than the second Monday of December and each appointee's term shall begin the following January of each year. (g) Each citizen member of the commission shall have been a resident of the county for at least 12 months prior to his or her appointment, shall be 21 years of age or older, and shall be registered to vote in this state. (h) In the event of a vacancy, with the exception of those appointed by the governing authority of the county and the city, a member's successor shall be appointed by the grand jury of Glynn County. (i) The commission may declare that any appointed member missing three consecutive meetings of the commission has vacated his or her office. The commission may for good cause shown excuse any absence of an individual member so that it does not count toward this limit. If the commission declares an office vacated, it may request the county or the city, or grand jury as appropriate, to name a successor to serve the balance of that former member's term. Within 30 days of receiving such a request, the governing commission of the county or the city or the grand jury shall appoint a successor. Members of the commission shall be officers of the commission when performing the functions of those offices and those members appointed from the city or county shall not be deemed to be officers of the city or county. (j) Except for those members appointed under subsection (b) of this section, all members shall be paid $500.00 per month and shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties, including mileage reimbursed at the standard business mileage rate as determined by the Internal Revenue Service and adopted by the commission. (k) A quorum of the members of the commission shall be required to transact any business. Five members of the commission shall constitute a quorum. Meetings of the commission shall be conducted in accordance with Robert's Rules of Order. (l) The commission shall elect a chairperson from its members to serve a one-year term. There shall be no limit to the number of terms, consecutive or otherwise, that the chairperson may serve."

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PART IV SECTION 4-1.

Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Glynn County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of all of Glynn County for approval or rejection. The election superintendent shall conduct the election on the date of the state-wide general primary in 2012 and shall issue the call and conduct that election as provided by general law. The election superintendent of Glynn County shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Glynn County. The ballot shall have written or printed thereon the words:

( ) YES ( ) NO

"QUESTION NO. 1 Shall the Act be approved which changes the membership of the Brunswick-Glynn County Joint Water and Sewer Commission?

QUESTION NO. 2 If a majority of the votes cast on this question are in favor of changing the membership of the Brunswick-Glynn County Joint Water and Sewer Commission, select the method of selecting the seven citizen members which you favor by placing a check (T) mark or (X) in the appropriate space below. Vote for only one of the options below:

OPTION 1

()

A seven member commission, two of whom are appointed one each by the

respective governing authorities of the county and city, and five citizen

members, three of whom are selected by the grand jury of Glynn County and

two of whom are elected by the qualified electors of the entire county.

OPTION 2

()

A seven member commission, two of whom are appointed one each by the

respective governing authorities of the county and city, and five citizen

members selected by the grand jury of Glynn County."

No voter shall vote for more than one of the options in Question No. 2. All persons desiring to vote for approval of changing the membership of the Brunswick-Glynn County Joint Water and Sewer Commission shall vote "Yes" on Question No. 1, and all persons desiring to vote against changing the membership of the Brunswick-Glynn County Joint Water and Sewer Commission shall vote "No" on Question No. 1. If more than one-half of the votes cast on Question No. 1 are for approval of changing the membership of the Brunswick-Glynn

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County Joint Water and Sewer Commission, then either Part II or Part III of this Act shall become effective as provided for in this section; otherwise, neither Part II nor Part III shall become effective and those portions of the Act shall be automatically repealed on the first day of January following that election date. If more than one-half of the votes cast on Question No. 1 are for approval of changing the membership of the Brunswick-Glynn County Joint Water and Sewer Commission and more than one-half of the votes cast on Question 2 are cast in favor of Option 1 or there is a tie vote between Option 1 and Option 2, then Part II of this Act shall become effective on January 1, 2013, and Part III of this Act shall be automatically repealed on January 1, 2013. If more than one-half of the votes cast on Question No. 1 are for approval of changing the membership of the Brunswick-Glynn County Joint Water and Sewer Commission and more than one-half of the votes cast on Question No. 2 are in favor of Option 2, then Part III of this Act shall become effective on January 1, 2013, and Part II of this Act shall be automatically repealed on January 1, 2013. The expense of such election shall be borne by Glynn County. It shall be the duty of the election superintendent to certify the results thereof to the Secretary of State.

SECTION 4-2. The Brunswick-Glynn County Joint Water and Sewer Commission 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 4-3. (a) Part I of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Except as otherwise provided for in Section 4-1 of this Act, the remaining sections of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 4-4. 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 2012 session of the General Assembly of Georgia a bill to amend an Act creating the Brunswick-Glynn County Joint Water and Sewer Commission, approved April 19, 2006 (Ga. L. 2006, p. 3661), so as to provide for immunity for the commission and its officers, agents, and employees; to provide for ante litem notice; to provide for changes to membership, appointment, terms, cooperation, quorum, salaries, and officers of the commission; to provide for notices and hearings to be

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conducted prior to any increase in rates, fees, tolls, or charges to customers for water or sewer system services; to provide for a performance audit or performance review; to provide for a referendum; to provide for related matters; to provide effective dates; to provide for contingent repeal; and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roger Lane, who on oath deposes and says that he is the Representative from District 167 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Brunswick News which is the official organ of Glynn County on March 6, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

s/ ROGER LANE Roger Lane Representative, District 167

Sworn to and subscribed before me, this 6th day of March 2012.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2015 (SEAL)

Approved April 11, 2012.

__________

CHATHAM AREA TRANSIT AUTHORITY MEMBERSHIP AND TERMS; MANNER OF TRANSACTING BUSINESS; COMPENSATION; CHAIRPERSON; AUDITS.

No. 541 (House Bill No. 1275).

AN ACT

To amend an Act creating the Chatham Area Transit Authority, approved March 28, 1986 (Ga. L. 1986, p. 5082), as amended particularly by an Act approved April 19, 2000 (Ga. L. 2000, p. 3587), so as to provide for board membership and staggered terms; to

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provide for methods of transacting business; to provide for per diem allowances for members and chairperson of the board; to provide for the election of a chairperson; to provide for the audit of books and records of the authority; to repeal a provision providing for financial operations and administrative matters to be performed by Chatham 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:

SECTION 1. An Act creating the Chatham Area Transit Authority, approved March 28, 1986 (Ga. L. 1986, p. 5082), as amended particularly by an Act approved April 19, 2000 (Ga. L. 2000, p. 3587), is amended by revising Section 2.2 as follows:

"SECTION 2.2. Membership and terms of office.

(a) The authority shall consist of nine members as follows: (1) Three members of the Board of Commissioners of Chatham County appointed by such board of commissioners, who shall serve for terms of office of one year; (2) One resident of the unincorporated area of Chatham County appointed by the board of commissioners of said county. The first such member shall serve for an initial term of office of two years and until the appointment and qualification of his or her successor, and all successor members shall serve for terms of five years and until the appointment and qualification of their successors; (3) One resident of Chatham County who shall be a person with a disability appointed by the board of commissioners of said county. Such member shall serve for a term of five years and until the appointment and qualification of his or her successor; (4) One resident of Chatham County at large appointed by the board of commissioners of said county. The first such member shall serve for an initial term of office of four years and until the appointment and qualification of his or her successor, and all successor members shall serve for terms of five years and until the appointment and qualification of their successors; (5) One member of the Board of Aldermen of the City of Savannah appointed by the mayor and aldermen of said city. Such member shall serve for a term of one year and until the appointment and qualification of his or her successor; (6) One resident of the City of Savannah appointed by the mayor and aldermen of said city. The first such member shall serve for an initial term of office of three years and until the appointment and qualification of his or her successor, and all successor members shall serve for terms of five years and until the appointment and qualification of their successors; and

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(7) One resident of any municipality within Chatham County other than the City of Savannah which is included in a special district for transit services created by the board of commissioners of said county appointed by a majority of the governing authorities of such municipalities. The first such member shall serve for an initial term of office of one year and until the appointment and qualification of his or her successor, and all successor members shall serve for terms of five years and until the appointment and qualification of their successors. (b)(1) Notwithstanding paragraph (3) of this subsection, any member of the authority appointed pursuant to paragraph (2), (3), (4), (6), or (7) of subsection (a) of this section who has served for two consecutive full terms of office, including a full initial term of less than five years, shall not be eligible for reappointment as a member of the authority until one full term of office has elapsed following that member's vacation of his or her seat on the authority. (2) Notwithstanding paragraph (3) of this subsection, any member of the authority appointed pursuant to paragraph (1) or (5) of subsection (a) of this section who has served for five consecutive full terms of office shall not be eligible for reappointment as a member of the authority until one full term of office has elapsed following that member's vacation of his or her seat on the authority. (3) Prior terms of service of members in office as of the effective date of this Act shall not be considered in calculating the limitations upon terms of office. (c)(1) A member's seat on the authority shall be forfeited if:
(A) The member lacks at any time the qualifications for membership on the authority provided by this Act; (B) The member is convicted of any felony or other crime involving moral turpitude, regardless of the sentence imposed; or (C) The member fails to attend, without being excused by the authority:
(i) Four consecutive regular meetings of the authority; or (ii) Fifty percent of the regular and special called meetings of the authority in any one fiscal year. (2) If the seat of a member of the authority becomes vacant because of death, resignation, or forfeiture as provided in paragraph (1) of this subsection, or for any other reason, such vacancy shall be filled for the unexpired term in the same manner that an appointment is made for a full term as provided in this section. (d) A majority of the members of the authority shall constitute a quorum for the transaction of business. No vacancy on the authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the authority. (e) No member of the authority shall vote on any matter before the authority in which such member has a direct or indirect financial interest. Except for compensation received as an employee, no employee of the authority shall have any direct or indirect financial interest in or profit or benefit from any contract, work, or business of the authority or in the sale, lease, or purchase of any property to or from the authority.

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(f) Each member of the authority except the chairperson shall be paid a per diem allowance by the authority in an amount equal to that provided by Code Section 45-7-21 of the O.C.G.A. for each day on which that member attends an official meeting of the authority or of any committee of the authority; provided, however, that such per diem allowance shall not be paid to any such member for more than 36 days in any one calendar year. The chairperson of the authority shall be paid a per diem allowance by the authority in the same amount for each day on which the chairperson engages in official business of the authority, including, but not limited to, attendance of any authority or committee meetings; provided, however, that such per diem allowance shall not be paid to the chairperson for more than 60 days in any one calendar year. Members of the authority, including the chairperson, shall also be entitled to reimbursement for actual and reasonable expenses incurred on authority business, provided such expenses were authorized in advance of being incurred. (g) The members of the authority shall elect a chairperson and a vice chairperson. The vice chairperson shall act in the absence or inability of the chairperson. Regular meetings of the authority shall be held monthly, with the time, place, and notice of such meetings to be fixed by the authority. All meetings shall be conducted in accordance with Robert's Rules of Order, unless the authority adopts other rules. All motions, resolutions, and all other proceedings of the authority and all documents in its possession shall be public records and open to public inspection as provided in Article 4 of Chapter 18 of Title 50 of the O.C.G.A. (h) The chairperson of the authority shall be entitled to vote on any matter coming before the authority."

SECTION 2. Said Act is further amended by revising Section 2.4 as follows:

"SECTION 2.4. Audits.

The authority shall cause the books and records of the authority to be audited annually by a certified public accountant or a firm of certified public accountants selected by the authority."

SECTION 3. Said Act is further amended by repealing and reserving Section 3.3.

SECTION 4. This Act shall become effective on July 1, 2012.

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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 2012 session of the General Assembly of Georgia a bill to amend an Act creating the Chatham Area Transit Authority, approved March 28, 1986 (GA. L. 1986, P. 5082), as amended and for other purposes

Representative Ron Stephens District 164

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ron Stephens, who on oath deposes and says that he is the Representative from District 164 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Savannah Morning News which is the official organ of Chatham County on March 3, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

s/ RON STEPHENS Ron Stephens Representative, District 164

Sworn to and subscribed before me, this 7th day of March 2012.

s/ DORIS E. RAGLAND Doris Ragland Notary Public, Gwinnett County, Georgia My Commission Expires Dec. 6, 2013 (SEAL)

Approved April 11, 2012.

__________

GEORGIA LAWS 2012 SESSION CITY OF RICHMOND HILL NEW CHARTER.

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No. 542 (House Bill No. 1276).

AN ACT

To provide a new charter for the City of Richmond Hill; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a mayor and mayor pro tempore and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, a city finance officer, and other personnel and matters relating thereto; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof and other matters relative to those judges; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; to provide for elections; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for auditing, accounting, budgeting, and appropriations; to provide for city contracts and purchasing; to provide for the conveyance of property and interests therein; to provide for bonds for officials; to provide for prior ordinances, rules, and pending matters; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal specific Acts; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

ARTICLE I INCORPORATION AND POWERS
SECTION 1.10. Incorporation.

The City of Richmond Hill in Bryan 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 Richmond Hill." References in the charter to "the city" or "this city" refer to the City of Richmond Hill. The city shall have perpetual existence.

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SECTION 1.11. Corporate boundaries.

(a) The boundaries of this city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time 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 Richmond Hill, 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. (b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.

SECTION 1.12. Municipal powers.

(a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically 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) 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 this city; (3) 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; (4) 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

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the same; to provide for the manner and method of payment of such licenses and taxes; to provide for the due date therefor and to provide for reasonable penalties and interest in the event of failure to pay 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; (5) Condemnation. To exercise the power of eminent domain to condemn property, inside or outside the corporate limits of the city, for present or future use and for any lawful 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 governments and entities and with private persons, firms, and corporations; (7) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists inside or outside the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (8) Environmental protection. To protect 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 or to comply with mandates enacted by the State of Georgia or any other governmental agency or authority; (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;

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(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; (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 corporate limits of the city; (19) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public and to prescribe penalties and punishment for violations thereof; (20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, gas works, electric plants, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties therefor; to provide for the withdrawal of service for refusal or failure to pay the same; to authorize the extension of water, sewerage, and electrical distribution systems, and all necessary appurtenances by which said utilities are distributed, inside and outside the corporate limits of the 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 firefighting agency; (25) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public;

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(26) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks, playgrounds, recreational facilities, golf courses, amphitheaters, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, and parking facilities or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies and facilities; to provide for 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 or necessary; (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 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, inside or abutting the corporate limits of the city, and to prescribe penalties and punishment for violation of such ordinances; (31) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (32) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; to 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; 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; (33) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, construction, equipping, operating, maintaining, and extending of a sewage disposal plant

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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, except that no fee or charge for sewers shall be assessed against any abutting real estate which cannot be served by such sewers; to provide for the manner and method of collecting such service charge; and to impose and collect a sewer connection fee or fees to those connected with the system; (34) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others and to provide for the separate holding 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 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 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, massage parlors, and entertainment displaying nudity; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs of any public improvement; (37) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (38) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; (39) Taxicabs or similar conveyances. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (40) Urban redevelopment. To organize and operate an urban redevelopment program; and (41) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary 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.

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ARTICLE II GOVERNMENT STRUCTURE, ELECTIONS, AND REMOVAL
SECTION 2.10. City council creation; composition; number; election.

(a) The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and 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 he or she shall have been a resident of this city for 24 months immediately preceding the election of mayor or councilmembers; each such person shall continue to reside within the city during said period of service and shall be registered and qualified to vote in municipal elections of this city. No person's name shall be listed as a candidate on the ballot for election for either mayor or councilmember unless such person shall file a written notice with the clerk of said city that he or she desires his or her name to be placed on said ballot as a candidate either for mayor or councilmember. No person shall be eligible for the office of mayor or councilmember unless such person shall file above said notice within the time provided for in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." Provided, further, that no person shall hold the office of mayor for more than two consecutive terms.

SECTION 2.11. Elections.

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

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time of the municipal general election immediately preceding the expiration of such terms and shall serve for terms of office of four years each and until the respective successors are elected and qualified. (e) For the purpose of electing members of the council, the City of Richmond Hill shall consist of one election district with four at-large seats.

SECTION 2.12. Vacancies in office.

(a) The office of mayor or councilmember shall become vacant upon the incumbent's death, incapacity, 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) Upon the suspension from office of the 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 (c) of this section. (c) In the event that the office of councilmember shall become vacant for any cause whatsoever, and the unexpired term shall exceed 12 months, then said vacancy shall be filled by a special election. If, however, said vacancy does not exceed 12 months, then said vacancy in office shall be filled for the unexpired term by appointment by the remaining councilmembers and the mayor. Should the office of the mayor become vacant, the mayor pro tempore and council shall appoint from among its members a mayor. If the mayor pro tempore is chosen, the council will appoint another councilmember to hold the office of mayor pro tempore. The resulting vacancy on the council will be filled as provided for in this subsection.

SECTION 2.13. Nonpartisan elections.

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

SECTION 2.14. Election by simple majority.

The candidates receiving a simple majority of the votes cast for any city office shall be elected.

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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 his or her official duties or which would tend to impair the independence of his or her judgment or action in the performance of his or her official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his or her official duties or would tend to impair the independence of his or her judgment or action in the performance of his or her official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which he or she is engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or herself or others; (4) Accept any valuable gift, whether in the form of service, loan, object, or promise from any person, firm, or corporation which to his or her knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which he or she is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (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 financial interest in any matter pending before the city council shall disclose such private interest and such disclosure shall be entered on the records of the city council, and he or she shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial

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interest, directly or indirectly, in any contract or matter pending before or within such agency or entity shall disclose such private interest to the governing body of such agency or entity. (c) No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit, except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (d) Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council. (e) Except as authorized by law, no member of the council shall hold any other elective city office or other city employment during the term for which he or she was elected. Except as authorized by law, no employee of the city or any agency or political entity to which this charter applies shall hold any other elective city office or other city employment during the term of such employment. The provisions of this subsection shall not apply to any person holding employment on the effective date of this charter.

SECTION 2.17. Removal of officers.

(a) The mayor, a councilmember, or other appointed officers provided for in this charter may be removed for any one or more of the following causes:
(1) Incompetence, misfeasance, or malfeasance in office; (2) Upon indictment or presentation of charges for any felony, regardless of whether such charge relates to the performance of the activities of office; (3) Upon conviction for any misdemeanor involving moral turpitude; (4) Failure at any time to possess any qualifications of office as provided by this charter; (5) Abandonment of office or neglect to perform the duties thereof. This shall include, but is not limited to, willful failure to attend more than three city council meetings in succession without prior written notice of the absence that shall also include grounds for absence. This does not apply to absences approved by council or excused by operation of law; 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 a vote of all remaining 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 service of such written notice. Any elected officer sought to be removed from office as provided in this section shall have the right to call and cross-examine witnesses and to put up a defense at this investigative hearing. Additionally, any elected officer sought to be removed from office as provided in this section

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shall have the right to appeal from the decision of the city council to the Superior Court of Bryan County. Such appeal shall be governed by the same rules that govern appeals to the superior court from the probate court.

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. The oath of office shall be administered to the newly elected members as follows: "I do solemnly swear (or affirm) that I will support the Constitution of the United States and the laws of the State of Georgia; I am qualified to hold the office of (mayor) (councilmember) for the City of Richmond Hill according to the Constitution and laws of the State of Georgia; I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I am prohibited from holding by the laws of the State of Georgia; I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof and that I will well and truly perform the duties of (mayor) (councilmember) of the City of Richmond Hill to the best of my skill and ability, without favor or affection, so help me God." (b) The city council shall elect a mayor pro tempore. In the event this councilmember refuses to serve or resigns as mayor pro tempore or councilmember, the council shall elect by majority vote another councilmember as mayor pro tempore. During any disability or absence of the mayor, the mayor pro tempore shall preside at all meetings of the city council and shall assume the duties and powers of the mayor. Any such disability or absence shall be declared by a majority vote of the city council. The city council shall elect by majority vote 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, in accordance with subsection (c) of Section 2.12 of this charter.

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SECTION 3.12. Inquiries and investigations.

The city council or mayor 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 those powers by the council or mayor shall be punished as provided by ordinance.

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 of the mayor or not less than three councilmembers. 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 given as required by law.

SECTION 3.14. Procedures.

(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 or designate new chairpersons and officers to any committee at any time, with or without cause, all of said members and chairpersons serving solely at the pleasure of the mayor.

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SECTION 3.15. Voting.

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(a) Except as otherwise provided in subsection (b) of this section, four councilmembers or three councilmembers and mayor 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. (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.

SECTION 3.16. Ordinances.

(a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "The City Council of the City of Richmond Hill hereby ordains ..." and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and 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 3.18 of this charter. Upon introduction of any ordinance, the clerk shall, as soon as possible, distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate.

SECTION 3.17. 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.

(a) To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or at least three councilmembers and may promptly adopt an emergency ordinance, but such ordinance shall not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services;

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or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least three councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency continues to exist. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. (b) Emergency meetings shall be open to the public to the extent required by law and notice to the public of emergency meetings shall be made as fully as is reasonably possible in accordance with Code Section 50-14-1 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted.

SECTION 3.19. Codes.

(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 prescribed for ordinances generally except that:
(1) The requirements of subsection (b) of Section 3.16 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) A copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 3.20 of this charter, or, in the alternative, the clerk may, with the approval of council, make arrangements for reproduction and distribution of such technical regulations by electronic or other means. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for distribution or for purchase at a reasonable price.

SECTION 3.20. Codification of ordinances.

(a) The clerk shall authenticate by his or her signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the council.

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(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 may contain such codes of technical regulations and other rules and regulations as the city council may specify, which may be incorporated into the city code by reference thereto. This compilation shall be known and cited officially as "Code of Ordinances, City of Richmond Hill, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city. (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 for reproduction and distribution of any such adopted technical regulations or any changes in or additions to codes of technical regulations and other rules and regulations included in the code, specifically including, but not limited to, arrangements for electronic or Internet access and distribution.

SECTION 3.21. City manager; appointment; qualifications; compensation.

The city council may, when it deems appropriate, appoint a city manager for an indefinite term and shall fix his or her compensation, and define the powers and duties of said office.

SECTION 3.22. Chief executive officer; delegation of powers.

The mayor shall be the chief executive officer 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.

SECTION 3.23. 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 the advice and consent of council, all officers, department heads, and employees of the city, except as otherwise provided in this charter; (3) Exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities;

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(4) Prepare and submit to the city council a recommended operating budget and capital budget; (5) Submit to the city council at least once a year a statement covering the financial conditions of the city, and from time to time, such other information as the city council may request; (6) Recommend to the city council such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as the mayor deems expedient; (7) Call special meetings of the city council as provided for in subsection (b) of Section 3.13 of this charter; (8) Veto any matter passed upon by council, provided that within four days of any such veto, the mayor shall reduce his or her reasons for the veto to writing and furnish the same to the clerk, who shall promptly distribute the same to all councilmembers, who at the next regular or called meeting at which a quorum is present, read said reasons into the minutes and again vote on the same question, and should as many as three councilmembers again vote to pass the vetoed measure, the vetoed measure shall stand affirmed over the veto of the mayor; (9) Provide for an annual audit of all accounts of the city; (10) Require any department or agency of the city to submit written reports whenever the mayor deems it expedient; (11) See that all funds of the city are properly accounted for and that all revenues are properly and promptly collected; (12) Hold and attend meetings and participate in negotiations on behalf of the city and city council with the advice and consent of the city council; (13) Preside at meetings of the city council and conduct other such meetings as may be necessary; (14) See that all meetings are conducted in a parliamentary manner and preserve order and decorum; (15) Appoint and be an ex officio member of all standing committees and special committees of the city council; (16) Bind the city by signing any contract, obligation, or other matter entered into and authorized by ordinance or resolution of the city council properly passed in accordance with the provisions of this charter; (17) Vote on matters before the city council in cases where the vote of the city council is evenly divided; in such cases, the mayor shall be counted toward a quorum as any councilmember; (18) Be and serve as an ex officio member of all committees, boards, agencies, or political entities to which this charter applies; and (19) Perform such other duties as may be required by law, this charter, or ordinance.

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ARTICLE IV ADMINISTRATIVE AFFAIRS
SECTION 4.10. Department heads.

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(a) Except as otherwise provided in this charter, the city council by ordinance shall prescribe the functions or duties and establish, abolish, or alter all nonelective offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications.

SECTION 4.11. Boards.

(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 with the advice and consent of 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 city board, commission, or authority shall hold any elective office in the city nor shall any such member be a city employee during the tenure of such service. (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 faithfully and impartially the duties of his or her office, such oath to be prescribed by ordinance and administered by the mayor. (g) Any member of a board, commission, or authority may be removed from office for cause by a vote of a majority of the members of the city council. (h) Except as otherwise provided by this charter or by law, at least one member of each board, commission, or authority of the city, as selected by the mayor with the advice and

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consent of council, shall serve as chairperson of such board, commission or authority, which service shall be at the pleasure of the mayor.

SECTION 4.12. City attorney.

The city council shall appoint a city attorney who shall be a member of the State Bar of Georgia and shall have actively practiced law for at least five years. 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 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 duties as may be required of him or her by virtue of his or her position as city attorney. The city council shall provide for the compensation of 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 council shall provide for the compensation of the city clerk. Before assuming office, the city clerk shall take an oath, given by the mayor, as provided in Section 3.11 of this charter.

SECTION 4.14. City finance officer.

The city council shall appoint a city finance officer 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 finance officer shall also be responsible for the general duties of a treasurer and fiscal officer. The city council shall provide for the compensation of the city finance officer.

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;

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(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 Richmond Hill.

SECTION 5.11. Judges.

(a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. The method of selection and terms of such judges shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless he or she shall be a member of the State Bar of Georgia. All judges shall be appointed by the mayor with the approval of a majority 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 a majority of the members of the city council. (e) Before assuming office, each judge shall take an oath, given by the mayor, as provided in Section 3.11 of this charter. 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.

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SECTION 5.13. 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, ten days in jail, or both. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for not more than 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 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 his or her appearance and shall fail to appear at the time fixed for trial, his or her bond shall be forfeited by the judge presiding at such time and an execution shall be issued thereon by serving the defendant and his or her sureties with a rule nisi at least ten 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 necessary. (g) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that state law has been violated. (h) Each judge of the municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (i) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city. (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.

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SECTION 5.14. Certiorari and appeal.

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(a) 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 Bryan County, under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. (b) The orders, verdicts, judgments, and sentences of the municipal court shall be subject to appellate review in accordance with state law.

SECTION 5.15. Rules.

With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in total the rules and regulations applicable to superior courts. The rules and regulations made or adopted shall be filed with the court clerk, shall be available for public inspection, and, upon request, shall be furnished to the public for the reasonable cost of copying and printing the same.

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.

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

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SECTION 6.12. Occupation taxes and business license fees.

The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. Such taxes may be levied on both individuals and corporations who transact business in this city or who practice or offer to practice any profession or calling 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.

The city council by ordinance shall have the power to require any individual or corporation who transacts business in this city or who practices or offers to practice any profession or calling within the city to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or permit where such activities are not now regulated by general law in such a way as to preclude city regulations. Such fees may reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter. The city council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate.

SECTION 6.14. Franchises.

(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 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 franchises shall be granted for a period in excess of 25 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 or electronic registry kept for that purpose. 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 purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable

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television and other telecommunications companies, gas companies, transportation companies, and other similar organizations.

SECTION 6.15. Service fees.

The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available inside or outside the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. No landowner shall be assessed any fee, charge, or toll for any service which does not benefit him or her or his or her property directly, and provided that any ordinance making any such assessment shall require at least two readings at two regular meetings prior to passage and shall further require that between said first and second readings, a notice of such proposed assessment shall be published one time by the clerk in the official organ of Bryan County, said publication to appear not less than eight days before the final passage of said ordinance. Said notice shall state that such ordinance has been introduced before the council and shall include a general description of the improvement, its location, and estimated cost and shall further state that the actual cost or whatever part thereof as the ordinance provides will be assessed against the affected real estate and the owners thereof and that any person wishing to be heard on the matter may appear at the next regular meeting of the council, stating the specific date of such meeting. The council may, in its discretion, permit the payment of any such fee, charge, or toll in installments.

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. No landowner shall be assessed any fee, charge, or toll for any service which does not benefit him or her or his or her property directly, and provided that any ordinance making any such assessment shall require at least two readings at two regular meetings prior to passage and shall further require that between said first and second readings, a notice of such proposed assessment shall be published one time by the clerk in the official organ of Bryan County, said publication to appear not less than eight days before the final passage of said ordinance. Said notice shall state that such ordinance has been introduced before the council and shall include a general description of the improvement, its location, and estimated cost and shall further state that the actual cost

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or whatever part thereof as the ordinance provides will be assessed against the affected real estate and the owners thereof and that any person wishing to be heard on the matter may appear at the next regular meeting of the council, stating the specific date of such meeting. The council may, in its discretion, permit the payment of any such fee, charge, or toll in installments.

SECTION 6.17. Other taxes.

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

SECTION 6.18. Collection of delinquent taxes.

The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by 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. Borrowing.

The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance 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.

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SECTION 6.21. Short-term loans and lease purchase contracts.

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(a) The city may obtain short-term loans and must repay such loans not later than one year from the date of such obligations, unless otherwise provided by law. (b) 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 6.22. Fiscal year.

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

SECTION 6.23. Budget ordinance.

The city council shall provide an ordinance on the procedures and requirements for the preparation and execution 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 city finance officer, with the advice and consent of 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 city finance officer, with the advice and consent of 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, the capital improvements budget, the

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budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.

SECTION 6.25. Adoption.

(a) The city council may amend the operating budget proposed by the city finance officer, 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 the end of the current fiscal year. If the city council fails to adopt the budget by said date, the amounts appropriated for operation for the then current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.23 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 allotments thereof to which it is chargeable.

SECTION 6.26. Levy of taxes.

The city council shall levy by ordinance such taxes as are necessary to fund the adopted operating budget. 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.

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SECTION 6.28. Capital improvements.

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(a) On or before the date fixed by the city council, but not later than 60 days prior to the beginning of each fiscal year, the city finance officer, with the advice and consent of the mayor, shall submit to the city council a proposed capital improvements budget with his or her recommendations as to the means of financing the improvements proposed for the ensuing year. The city council shall have the power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 3.18 of this charter. (b) After the conducting of a public hearing, the city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than the end of the current fiscal year. No appropriations provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriations were made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by his or her recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by majority vote of the city council.

SECTION 6.29. Audits.

There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal 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; and (2) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 3.14 of this charter.

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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 and such other consideration as may be required by law when such exchange is deemed to be in the best interest of this city. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.

ARTICLE VII GENERAL PROVISIONS
SECTION 7.10. Bonds for officials.

The officers and employees of this city, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law. Nothing in this section shall be construed to require council to impose any such bond conditions upon any city employee. What city employees shall be bonded and in what amounts shall be determined by city council who shall provide for the same by ordinance.

GEORGIA LAWS 2012 SESSION
SECTION 7.11. Rules and regulations.

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All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent with this charter are declared valid and of full effect and force until amended or repealed by the city council.

SECTION 7.12. Charter language on other general matters.

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

SECTION 7.13. Definitions and construction.

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

SECTION 7.14. 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 as provided in paragraph (5) of Section 1.12 and under procedures established under general law applicable now or as provided in the future.

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SECTION 7.15. Specific repealer.

An Act incorporating the City of Richmond Hill in the County of Bryan, approved May 10, 2005 (Ga. L. 2005, Act No. 377), is 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 upon its approval by the Governor or upon its becoming law without such approval.

SECTION 7.17. General repealer.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2012 session of the General Assembly of Georgia a bill to provide a new charter for the City of Richmond Hill; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a mayor and mayor pro tempore and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, a city finance officer, and other personnel and matters relating thereto; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof and other matters relative to those judges; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; to provide for elections; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for auditing, accounting, budgeting, and appropriations; to provide for city contracts and purchasing; to provide for the conveyance of property and interests therein; to provide for bonds for officials; to provide for prior ordinances, rules, and pending matters; to provide for penalties; to provide for definitions and construction; to provide for

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other matters relative to the foregoing; to repeal specific Acts; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Representative Ron Stephens District 164

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ron Stephens, who on oath deposes and says that he is the Representative from District 164 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Bryan County News which is the official organ of Bryan County on March 10, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

s/ RON STEPHENS Ron Stephens Representative, District 164

Sworn to and subscribed before me, this 12th day of March 2012.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2015 (SEAL)

Approved April 11, 2012.

__________

SPALDING COUNTY MAGISTRATE COURT; TECHNOLOGY FEES.

No. 543 (House Bill No. 1278).

AN ACT

To authorize the Magistrate Court of Spalding County to charge a technology fee for each civil case filed and criminal fine imposed; to specify the uses to which such technology fees may be put; to provide an effective date; to repeal conflicting laws; and for other purposes.

5332

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

SECTION 1. The clerk of the Magistrate Court of Spalding County shall be entitled to charge and collect a technology fee for the filing of each civil action or as a surcharge to each criminal fine paid. The technology fee shall be set by the court, provided that the fee shall not exceed $5.00. Such fee shall be used exclusively to provide for the following technological needs of the court and the clerk of the magistrate court: the purchase, lease, maintenance, and installation of computer hardware and software; and the purchase, lease, maintenance, and installation of equipment and software used for imaging, scanning, facsimile, communications, projections, and printing. All funds collected pursuant to this Act shall be maintained in a segregated fund by the clerk of the magistrate court and shall be used only for authorized purposes at the direction of the chief judge of the magistrate court.

SECTION 2. This Act shall become effective on July 1, 2012.

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

STATE OF GEORGIA COUNTY OF SPALDING.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is hereby given that the undersigned will introduce at the 2012 Session of the Georgia General Assembly an Act to create a technology fee for the Magistrate Court of Spalding County, and providing for the powers, procedures, duties, and responsibilities thereof; and for other purposes.
David Knight District 126 House of Representatives Georgia General Assembly February 10, 2012.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, David Knight, who on oath deposes and says that he is the Representative from

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District 126 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Griffin Daily News which is the official organ of Spalding County on February 10, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

s/ DAVID KNIGHT David Knight Representative, District 126

Sworn to and subscribed before me, this 7th day of March 2012.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires Aug. 14, 2015 (SEAL)

Approved April 11, 2012.

__________

SPALDING COUNTY PROBATE COURT; TECHNOLOGY FEES.

No. 544 (House Bill No. 1279).

AN ACT

To authorize the Probate Court of Spalding County to charge a technology fee for each civil case filed; to specify the uses to which such technology fees may be put; 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 clerk of the Probate Court of Spalding County shall be entitled to charge and collect a technology fee for the filing of each civil action. The technology fee shall be set by the court, provided that the fee shall not exceed $5.00. Such fee shall be used exclusively to provide for the following technological needs of the court and the clerk of the probate court: the purchase, lease, maintenance, and installation of computer hardware and software; and the purchase, lease, maintenance, and installation of equipment and software used for imaging, scanning, facsimile, communications, projections, and printing. All funds collected

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pursuant to this Act shall be maintained in a segregated fund by the clerk of the probate court and shall be used only for authorized purposes at the direction of the chief judge of the probate court.

SECTION 2. This Act shall become effective on July 1, 2012.

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

STATE OF GEORGIA COUNTY OF SPALDING
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is hereby given that the undersigned will introduce at the 2012 Session of the Georgia General Assembly an Act to create a technology fee for the Probate Court of Spalding County, and providing for the powers, procedures, duties, and responsibilities thereof; and for other purposes.
David Knight District 126 House of Representatives Georgia General Assembly February 10, 2012.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, David Knight, who on oath deposes and says that he is the Representative from District 126 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Griffin Daily News which is the official organ of Spalding County on February 10, 2012, and that the notice requirements of Code Section 28-1-14 have been met.
s/ DAVID KNIGHT David Knight Representative, District 126

GEORGIA LAWS 2012 SESSION
Sworn to and subscribed before me, this 7th day of March 2012.

5335

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires Aug. 14, 2015 (SEAL)

Approved April 11, 2012.

__________

SPALDING COUNTY STATE COURT; TECHNOLOGY FEES.

No. 545 (House Bill No. 1280).

AN ACT

To amend an Act creating the State Court of Spalding County, approved December 14, 1897 (Ga. L. 1897, p. 462), as amended, so as to authorize the court to charge a technology fee for each civil case filed and each criminal fine imposed; to specify the uses to which such technology fees may be put; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating the State Court of Spalding County, approved December 14, 1897 (Ga. L. 1897, p. 462), as amended, is amended by adding a new section to read as follows:

"SECTION 3B. The clerk of the State Court of Spalding County shall be entitled to charge and collect a technology fee for the filing of each civil action or as a surcharge to each criminal fine paid. The technology fee shall be set by the court, provided that the fee shall not exceed $5.00. Such fee shall be used exclusively to provide for the following technological needs of the court and the clerk of court: the purchase, lease, maintenance, and installation of computer hardware and software; and the purchase, lease, maintenance, and installation of equipment and software used for imaging, scanning, facsimile, communications, projections, and printing. All funds collected pursuant to this Act shall be maintained in a segregated fund by the clerk of court and shall be used only for authorized purposes at the direction of the chief judge of the court."

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SECTION 2. This Act shall become effective on July 1, 2012.

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

STATE OF GEORGIA COUNTY OF SPALDING
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is hereby given that the undersigned will introduce at the 2012 Session of the Georgia General Assembly an Act to create a technology fee for the State Court of Spalding County, and providing for the powers, procedures, duties, and responsibilities thereof; and for other purposes.
David Knight District 126 House of Representatives Georgia General Assembly February 10, 2012.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, David Knight, who on oath deposes and says that he is the Representative from District 126 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Griffin Daily News which is the official organ of Spalding County on February 10, 2012, and that the notice requirements of Code Section 28-1-14 have been met.
s/ DAVID KNIGHT David Knight Representative, District 126

GEORGIA LAWS 2012 SESSION
Sworn to and subscribed before me, this 7th day of March 2012.

5337

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires Aug. 14, 2015 (SEAL)

Approved April 11, 2012.

__________

SATILLA REGIONAL WATER AND SEWER AUTHORITY REMOVE TERM LIMITS; REDUCE TIME FOR DISCONNECTING SERVICE; FEES; TAX APPLICABILITY.

No. 546 (House Bill No. 1281).

AN ACT

To amend an Act creating the Ware County Water and Sewer Authority, now known as the Satilla Regional Water and Sewer Authority, approved October 1, 2001 (Ga. L. 2001, Ex. Sess., p. 705), as amended, so as to allow members to be elected for unlimited consecutive terms; to repeal a provision relating to expansion of services and addition of members; to reduce the number of days of nonpayment beyond which the authority may disconnect service; to raise the maximum fee for reconnection of service; to exempt the authority from sales and use taxes; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating the Ware County Water and Sewer Authority, now known as the Satilla Regional Water and Sewer Authority, approved October 1, 2001 (Ga. L. 2001, Ex. Sess., p. 705), as amended, is amended by revising subsections (b) and (c) of Section 2 to read as follows:
"(b) The authority shall consist of four members who shall be elected by the consumers of the authority, as provided in subsection (d) of this section, and a fifth member who shall be the chairperson of the Board of Commissioners of Ware County or, in the event that such chairperson is unable or unwilling to serve, another member of the Board of Commissioners of Ware County as designated by proper resolution of the Board of Commissioners of Ware County. The chairperson of the Board of Commissioners of Ware

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

County or his or her designated substitute shall serve as an ex officio member of the authority with all the rights, privileges, and immunities of an elected member of the authority. The term of office, as a member of the authority, of the chairperson of the Board of Commissioners of Ware County or his or her designated substitute shall run concurrently with the elected term of office of the chairperson of the Board of Commissioners of Ware County. Each member of the authority who is serving as a member of the authority as of the effective date of this section shall serve out the remainder of the five-year term to which such member was most recently appointed by the Board of Commissioners of Ware County and until such member's successor is duly elected and qualified as provided in subsection (d) of this section. Successors shall be elected as provided in subsection (d) of this section. Each successor shall thereafter take office on the first day of August for a term of four years and until his or her respective successor is duly elected and qualified as provided in subsection (d) of this section. Immediately after taking office, the members of the authority shall enter upon their duties. The members of the authority shall be entitled to compensation for their services in an amount which shall be determined by the authority and which shall not be less than $50.00 per meeting attended, payable in monthly payments, and all members shall additionally be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The authority shall have the power to establish bylaws and to promulgate and adopt rules and regulations necessary or desirable for the management and operation of the authority. (c) Reserved."

SECTION 2. Said Act is further amended by revising Section 24.1 to read as follows:

"SECTION 24.1. The authority shall provide, upon customer request, a written receipt to the customer showing the actual date on which a payment from the customer to the authority was received by the authority. The authority is authorized to charge a late fee in an amount not to exceed $5.00 in the event that a bill is not paid in full by the due date specified on the authority's written billing. Only when a customer's bill remains unpaid or outstanding after ten days beyond the due date may the authority disconnect service to such customer for nonpayment of a bill. In the event that service is disconnected for nonpayment of a bill pursuant to this section, the authority is authorized to require the payment of a reconnection fee in an amount not to exceed $25.00, as well as the payment of any outstanding late fee, prior to the reconnection of the service at the request of the customer."

SECTION 3. Said Act is further amended by revising Section 27 to read as follows:

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"SECTION 27. The properties of the authority, both real and personal, are declared to be public properties used for the benefit and welfare of the people of this state and not for purposes of private or corporate benefit and income, and such properties and the authority shall be exempt from all sales and use taxes and special assessments of any city, county, or the state or any political subdivision thereof."

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 2012 session of the General Assembly of Georgia a bill to amend an Act creating the Ware County Water and Sewer Authority (now known as the Satilla Regional Water and Sewer Authority), approved October 1, 2001 (Ga. L. 2001, Ex. Sess., p. 705), as amended; and for other purposes.
This 15th day of March, 2012.
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 16, 2012, and that the notice requirements of Code Section 28-1-14 have been met.
s/ MARK HATFIELD Mark Hatfield Representative, District 177

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Sworn to and subscribed before me, this 19th day of March 2012.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires Aug. 14, 2015 (SEAL)

Approved April 11, 2012.

__________

CHARLTON COUNTY BOARD OF COMMISSIONERS; MEETINGS.

No. 547 (House Bill No. 1282).

AN ACT

To amend an Act creating the board of commissioners for Charlton County, approved August 4, 1927 (Ga. L. 1927, p. 529), as amended, so as to change provisions relating to the number of meetings to be held by the board; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating the board of commissioners for Charlton County, approved August 4, 1927 (Ga. L. 1927, p. 529), as amended, is amended by revising Section 7 to read as follows:

"Section 7. Be it further enacted by the authority aforesaid, that said Board of Commissioners shall hold a regular meeting in each month. At the first meeting each year, or as soon thereafter as practicable, the Board of Commissioners shall organize by setting the date and time for the regular monthly meetings to be held that year and by electing 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 herein shall prevent the re-election of any chairperson or vice-chairperson. The vice-chairperson shall, in the absence or disqualification of the chairperson or during the vacancy in office of chairperson, perform and discharge all of the duties of the chairperson, and in the event of a vacancy in the office of chairperson or vice-chairperson, the same shall be filled by the board at its next regular meeting after such vacancy becomes known. The chairperson shall be the chief executive of the board. He or she shall see that all

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orders, resolutions, and rules of said board are faithfully filled and impartially executed and enforced, and that all the officers, employees, and agents of said board faithfully and impartially discharge the duties required of them. He or she shall have the general supervision of the affairs of the county, acting under orders of the board, and shall preside at all meetings of the board. The chairperson shall have the power to convene the board in extra session upon his or her own motion or upon the written request of the other four members of the board, and shall do so whenever the other four members make such request in writing."

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 2012 session of the General Assembly of Georgia a bill to amend an Act creating the board of commissioners for Charlton County, approved August 4, 1927 (Ga. L. 1927, p. 529), as amended; and for other purposes.
This 9th day of March, 2012.
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 Charlton County Herald which is the official organ

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

of Charlton County on March 14, 2012, 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 14th day of March 2012.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires Aug. 14, 2015 (SEAL)

Approved April 11, 2012.

__________

CHARLTON COUNTY REPEAL NONSTAGGERED, FOUR-MONTH VEHICLE REGISTRATION PERIOD.

No. 548 (House Bill No. 1283).

AN ACT

To repeal an Act providing for a nonstaggered four-month vehicle registration period for Charlton County, approved March 25, 1996 (Ga. L. 1996, p. 3608); to specify the vehicle registration period for Charlton County; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act providing for a nonstaggered four-month vehicle registration period for Charlton County, approved March 25, 1996 (Ga. L. 1996, p. 3608), is repealed effective January 1 of the second calendar year following the year in which this Act is approved by the Governor or becomes law without such approval. Accordingly, on and after the date of such repeal, the registration period for vehicles in Charlton County, including without limitation those vehicles for which registration and licensing is issued in the calendar year immediately preceding such repeal for expiration in the calendar year of such repeal, shall be as provided by subparagraph (a)(1)(A) of Code Section 40-2-21 of the O.C.G.A. or as otherwise provided

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by general law for those counties for which local Acts providing for four-month registration periods have not been enacted.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2012 session of the General Assembly of Georgia a bill to repeal an Act providing for a nonstaggered four-month vehicle registration period for Charlton County, approved March 25, 1996 (Ga. L. 1996, p. 3608); and for other purposes.
This 9th day of March, 2012.
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 Charlton County Herald which is the official organ of Charlton County on March 14, 2012, and that the notice requirements of Code Section 28-1-14 have been met.
s/ MARK HATFIELD Mark Hatfield Representative, District 177

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Sworn to and subscribed before me, this 14th day of March 2012.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires Aug. 14, 2015 (SEAL)

Approved April 11, 2012.

__________

HART COUNTY HART COUNTY WATER AND SEWER AUTHORITY; RE-CREATE AND RECONSTITUTE.

No. 549 (House Bill No. 1288).

AN ACT

To re-create and reconstitute the Hart County Water and Sewer Authority; to provide for a short title; to provide for definitions; to provide for the purposes, powers, duties, and functions of the authority and authorize certain contracts and agreements; to provide for the membership and for appointment of members of the authority and their terms of office, qualifications, duties, powers, method of filling vacancies, compensation, and expenses; to provide for the organization, meetings, and quorum of the authority; to provide for an attorney of the authority; to provide for an audit; to authorize the authority to contract with others regarding its functions and to contract with others pertaining to the use of the utilities and facilities of the authority and to execute leases and do all things necessary or convenient for the operation of such undertakings or projects; to provide for revenue bonds and other obligations of the authority and authorize the collection and pledging of the revenues and earnings of the authority for the payment of such bonds; to authorize the execution of resolutions and trust indentures to secure the payment thereof and to define the rights of the holders of such obligations; to provide for sinking funds and trust funds; to provide for rates, charges, and revenues; to provide that no debt of Hart County shall be incurred in the exercise of any of the powers granted by this Act; to make the bonds of the Authority exempt from taxation; to authorize the authority to condemn property of every kind; to authorize the issuance of funding and refunding bonds; to fix and provide the venue and jurisdiction of actions relating to any provisions of this Act; to provide for rules and regulations; to provide for immunity from liability; to provide for statutory construction and the effect on other governments and authorities; to provide for the validation of bonds; to provide for liberal

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construction; to provide for severability; to repeal a certain Act; 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:

SECTION 1. Short title.

This Act shall be known and may be cited as the "Hart County Water and Sewer Authority Act."

SECTION 2. Hart County Water and Sewer Authority.

(a) There is created a body corporate and politic, to be known as the "Hart County Water and Sewer Authority," which shall be deemed to be a political subdivision of the State of Georgia and a public corporation and by that name, style, and title such body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The authority shall have perpetual existence. It is the intent of the General Assembly that the authority shall be the primary supplier of water and sewer utilities and services in the unincorporated areas of Hart County and may, by contract, provide services to other areas or jurisdictions in a manner which will best utilize available resources and efficiently and economically provide such services. The Hart County Water and Sewer Authority shall be the successor to the Hart County Water and Sewer Utility Authority and shall have all of the powers, duties, responsibilities, obligations, and authority as such previous authority. (b) The authority shall consist of five members who shall be appointed by the Board of Commissioners of Hart County. The members of the Hart County Water and Sewer Utility Authority in office on the effective date of this Act shall be the initial members of the Hart County Water and Sewer Authority and serve out the terms to which they were previously appointed and until their respective successors are selected and qualified. For the purpose of appointing successors, there shall be five seats on the authority to be designated as Seat 1, Seat 2, Seat 3, Seat 4, and Seat 5, and the Board of Commissioners of Hart County shall designate the seat to which each member is appointed at the time of the appointment. Successors shall be appointed by the Board of Commissioners of Hart County in the month of February immediately preceding the expiration of the members' terms of office on March 1, in even-numbered years and such successors shall take office on the second day of March following their appointment. The members appointed to Seat 1, Seat 3, and Seat 5 in 2010 shall serve terms of four years each and until their respective successors are duly appointed and qualified. The members appointed to Seat 2 and Seat 4 in 2012 shall serve terms of four years each and until their respective successors are duly appointed and

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qualified. Following such terms of office, the terms of all members shall be four years and until their respective successors are appointed and qualified. Members of the authority may be selected and appointed to succeed themselves. Immediately after such appointments, the members of such authority shall enter upon their duties. The members of the authority shall be entitled as compensation for their services an amount to be set by the board of commissioners not to exceed $1,200.00 per year, payable in equal monthly payments. The authority shall have the power to establish bylaws and to promulgate and adopt rules and regulations necessary or desirable for the management and operation of the authority. (c) To be eligible for appointment as a member of the authority, a person shall be at least 21 years of age and a resident of Hart County for at least one year prior to the date of appointment. (d) The members of the authority shall elect one of their number as chairperson. Also, the members of the authority shall elect one of their number as vice chairperson and shall also elect a secretary, who need not be a member of the authority, and may also elect a treasurer, who need not be a member of the authority. The secretary may also serve as treasurer. If the secretary or treasurer is not a member of the authority, such officer shall have no voting rights. Each of such officers shall serve for a period of one year and until their successors are duly elected and qualified. The county attorney for Hart County may serve as the attorney for the authority. (e) Three members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the authority. (f) In the event of a vacancy by reason of death, disqualification, resignation, or other reason, the Board of Commissioners of Hart County shall select and appoint a qualified person to fill the unexpired term of the member whose position has been vacated. A vacancy shall exist in the office of any member of the authority who is convicted of a felony or who enters a plea of nolo contendere thereto, who is convicted of a crime involving moral turpitude or enters a plea of nolo contendere thereto, who moves his or her residence from Hart County, who is convicted of any act of misfeasance, malfeasance, or nonfeasance of duties as a member of the authority, or who fails to attend any regular or special meeting of the authority for a period of six months without excuse approved by a resolution of the authority. (g) There shall be an annual audit of the authority to be conducted by a certified public accountant selected by the Board of Commissioners of Hart County.

SECTION 3. Definitions.

(a) As used in this Act, the term: (1) "Authority" means the Hart County Water and Sewer Authority created by this Act.

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(2) "Cost of the project" means the cost of construction, the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment, financing charges, and interest prior to and during construction and for one year after completion of construction; the cost of engineering, architectural, fiscal agents', and legal expenses; the cost of plans and specifications; and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expense, and such other expenses as may be necessary or incident to the financing authorized by this Act, the cost of the acquisition or construction of any project, the placing of any project in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project. (3) "Project" means the acquisition, construction, and equipping of water facilities for obtaining one or more sources of water supply, 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 Hart County, and the operation, maintenance, additions, improvements, and extension of such facilities so as to assure an adequate water utility system deemed by the authority necessary or convenient for the efficient operation of such type of undertaking. The word "project" shall also mean and include the acquisition, construction, and equipping of all necessary and usual facilities useful and necessary for the gathering of waste matter of every type, including both individual and industrial, and the treatment of sewage of any and every type, including, but not limited to, the acquisition and construction of treatment plants, ponds, and lagoons, inside and outside the territorial boundaries of Hart County, and the operation, maintenance, additions, improvements, and extensions of such facilities so as to assure an adequate sewerage system deemed by the authority necessary or convenient for the efficient operation of a sanitary and storm sewer system. Such water facilities and such sewerage facilities, at the discretion of the authority, may be combined at any time into a water and sewerage system as one revenue producing undertaking and operated and maintained as such. (4) "Revenue bonds" and "bonds" means revenue bonds as defined and provided in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," and such type of obligations may be issued by the authority as authorized under said "Revenue Bond Law" and any amendments thereto and, in addition, shall also mean obligations of the authority the issuance of which are specifically provided for in this Act. (b) Any project shall be deemed "self-liquidating" if, in the judgment of the authority, the revenues and earnings to be derived by the authority therefrom and all facilities used in connection therewith will be sufficient to pay the cost of operating, maintaining and repairing, improving, extending, or 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.

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SECTION 4. Powers.

The authority shall have the power: (1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, or otherwise, and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights or easements therein, or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue, and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the authority, the authority being under no obligation to accept and pay for any property condemned under this Act except from the funds provided under the authority of this Act, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceedings as may be just to the authority and to the owners of the property to be condemned, and no property shall be acquired under the provisions of this Act upon which any lien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money 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 make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be constructed, erected, or acquired. Any and all persons, firms, and corporations and any and all political subdivisions, departments, institutions, or agencies of the state and public authorities are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable; and without limiting the generality of the foregoing, authority is specifically granted to municipal corporations, counties, and other political subdivisions and to the authority to enter into contracts, lease agreements, or other undertakings relating to the furnishing of water and related services and facilities by the authority to such municipal corporations, counties, and political subdivisions or for the purchase of water by the authority therefrom for a term not exceeding fifty years, and also to enter into contracts, lease agreements, or other undertakings relative to the gathering of waste matter and the treatment of waste matter and sewage by the authority for such municipal corporations, counties, and political subdivisions or by such municipal corporations, counties, or political subdivisions for the authority. Likewise, without limiting the generality of the above and foregoing the same authority above granted to municipal corporations, counties, and

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political subdivisions and to the authority relative to entering into contracts, lease agreements, or other undertakings, is authorized between the authority and private corporations, both inside and outside the State of Georgia, and the authority and public bodies including counties and cities outside the State of Georgia; (6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, as defined in this Act, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the authority or from such proceeds and any grant or contribution from the United States of America or any agency or instrumentality thereof or from the State of Georgia or any agency or instrumentality thereof; (7) To accept loans, grants, or both, of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may require; (8) To accept loans, grants, or both, of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may require; (9) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; (10) To exercise any power usually possessed by private corporations performing similar functions, including the power to make short term loans and approve, execute, and deliver appropriate evidence of such indebtedness, provided that no such power is in conflict with the Constitution or general laws of this state; and (11) To do all things necessary or convenient to carry out the powers expressly given in this Act.

SECTION 5. Revenue bonds.

The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created by this Act, shall have power and is authorized to provide by resolution for the issuance of negotiable revenue bonds of the authority for the purpose of paying all or any part of the cost as defined in this Act of any one or more projects. The principal of and interest on such revenue bonds shall be payable solely from the special fund provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates per annum, payable at such time or times, shall 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

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and under such terms and conditions as may be fixed by the authority in the resolution for the issuance of bonds.

SECTION 6. Same; form; denomination; registration; place of payment.

The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereon, which may be at any bank or trust company inside or outside this state. The bonds may be issued in coupon or registered form, or both, as the authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest.

SECTION 7. Same; signatures; seal.

In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. All such bonds shall be signed by the chairman of the authority and the official seal of the authority shall be affixed thereto and attested by the secretary of the authority and any coupons attached thereto shall bear the facsimile signatures of the chairman 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 persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such person may not have been so authorized or shall not have held such office.

SECTION 8. Same; negotiability; exemption from taxation.

All revenue bonds issued under the provisions of this Act shall have and are declared to have all the qualities and incidents of negotiable instruments under the laws of this state. Such bonds, their transfer, and the income therefrom shall be exempt from all taxation within the state.

SECTION 9. Same; sale; price; proceeds.

The authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the authority. The proceeds derived from the sale of such bonds

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shall be used solely for the purpose or purposes provided in the resolutions and proceedings authorizing the issuance of such bonds.

SECTION 10. Same; interim receipts and certificates or temporary bonds.

Prior to the preparation of any definitive bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons, exchangeable for definitive bonds under the issuance of the latter.

SECTION 11. Same; replacement of lost or mutilated bonds.

The authority may provide for the replacement of any bonds or coupons which shall become mutilated or be destroyed or lost.

SECTION 12. Same; conditions precedent to issuance.

Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions, and things which are specified or required by this Act. In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority by a majority of its members.

SECTION 13. Credit not pledged.

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

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SECTION 14. Trust indenture as security.

In the discretion of the authority, any issuance of such revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company inside or outside the state. Such trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for the protecting and enforcing the rights and remedies of the bond holders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property; the construction of the project; the maintenance, operation, repair, and insuring of the project; and the custody, safeguarding, and application of all moneys, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the authority, and satisfactory to the original purchasers of the bonds issued therefor, and may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of 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.

In the resolution providing for the issuance of revenue bonds or in the trust indenture, the authority shall provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this Act and such resolution or trust indenture may provide.

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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 such revenue bonds as such interest shall fall due; (2) The principal of the bonds as the same shall fall due; (3) The necessary charges of paying agent for paying principal and interest and other investment charges; and (4) Any premium upon bonds retired by call or purchase as provided in this Act. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or 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 again be issued.

SECTION 17. Remedies of bondholders.

Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights given in this Act may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted under this Act or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture to be performed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished.

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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 other provisions of this Act insofar as the same may be applicable.

SECTION 19. Validation.

Bonds of the authority shall be confirmed and validated in accordance with the procedure of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," as amended. The petition for validation shall also make party defendant to such action the State of Georgia or any municipality, county, authority, political subdivision, or instrumentality of the State of Georgia which has contracted with the authority for the services and facilities of the project for which bonds are to be issued and sought to be validated and the state or such municipality, county, authority, political subdivision, or instrumentality shall be required to show cause, if any exists, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the contract or contracts adjudicated as a part of the basis for the security for the payment of any such bonds of the authority. The bonds when validated, and the judgment of validation, shall be final and conclusive with respect to such bonds and the security for the payment thereof and interest thereon and against the authority issuing the same, and the state and any municipality, county, authority, political subdivision, or instrumentality if a party to the validation proceedings, contracting with the Hart County Water and Sewer Authority.

SECTION 20. Venue and jurisdiction.

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

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SECTION 21. Interest of bond holders protected.

While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of such authority or its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds, 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 bond, nor with the state itself so compete with the authority. The provisions of this Act shall be for the benefit of the authority and the holders of any such bonds, and upon the issuance of bonds under the provisions of this Act shall constitute a contract with the holders of such bonds.

SECTION 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 revenue, income, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.

SECTION 23. Purpose of the authority.

(a) Without limiting the generality of any provision of this Act, the general purpose of the authority is declared to be that of acquiring an adequate source or sources of water supply, treatment of such water, and thereafter the distribution of the same to the various municipalities and citizens in Hart County and environs, including adjoining counties and municipalities located therein, and further for the general purpose of gathering and treatment of waste, both individual and industrial; but such general purpose shall not restrict the authority from selling and delivering water directly to consumers in those areas where water distribution systems do not now exist or furnishing sewer facilities to such customers, and areas where neither any county, municipality, or public authority deems it desirable or feasible to furnish water or sewerage services in such locality. (b) The authority shall have the authority, where it deems it feasible, to sell its products and services to customers, governmental agencies, or governmental instrumentalities of adjoining states, providing the laws of the adjoining states do not prohibit or tax said activity. (c) The authority shall not have the authority to construct water lines for the distribution of water directly to customers within any municipality without first obtaining the express written consent of the appropriate governing bodies of said municipality, and likewise, the authority shall not have the authority to construct sewer lines for the collection of waste and

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sewage directly to customers within any municipality without first obtaining the express written consent of the appropriate governing body of said municipality.

SECTION 24. Rates, charges and revenues; use.

The authority is authorized to prescribe and fix rates and to revise same from time to time and to collect fees, tolls, and charges for the services, facilities, and commodities furnished, and in anticipation of the collection of the revenues of such undertaking or project, to issue revenue bonds as provided by this Act to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment, or extension of a water system, a sewerage system, or a combined water and sewerage system, and to pledge to the punctual payment of such bonds and interest thereon, all or any part of the revenues of such undertaking or project, including the revenues of improvements, betterments, or extensions thereto thereafter made.

SECTION 25. Rules and regulations for operation of projects.

It shall be the duty of the authority to prescribe rules and regulations for the operation of the project or projects constructed, acquired, or both, under the provisions of this Act, including the basis upon which water service and facilities, sewerage service and facilities, or both, shall be furnished.

SECTION 26. Tort immunity.

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

SECTION 27. Tax-exempt status of authority.

The properties of the authority, both real and personal, are declared to be public properties used for the benefit and welfare of the people of this state and not for purposes of private or corporate benefit and income, and such properties and the authority shall be exempt from all taxes and special assessments of any city, county, or the state or any political subdivision thereof.

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SECTION 28. Powers declared supplemental and additional.

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The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized 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.

SECTION 29. Effect on other governments.

This Act shall not and does not in any way take from Hart County or any municipality located in Hart County or any adjoining county the authority to own, operate, and maintain a water system, a sewerage system, or a combined water and sewerage system, or to issue revenue bonds.

SECTION 30. Liberal construction of Act.

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

SECTION 31. 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 32. Repeal of previous Act.

An Act to create the Hart County Water and Sewer Utility Authority, approved May 4, 1992 (Ga. L. 1992, p. 6828), and all amendatory Acts thereto are hereby expressly repealed.
Repeal.

SECTION 33.

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

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

Notice is given that there will be introduced at the regular 2012 session of the General Assembly of Georgia a bill to amend an Act to create the Hart County Water and Sewer Utility Authority, approved May 4, 1992 (Ga. L. 1992, p. 6828), as amended, so as to reconstitute such authority; to provide for related matters; to repeal conflicting laws; and for other purposes.

/s/ Michael Partlow, Chairman Hart Co. Water & Sewer Utility Authority

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 15, 2012, 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 19th day of March 2012.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2015 (SEAL)

Approved April 11, 2012.

__________

GEORGIA LAWS 2012 SESSION CITY OF SANDY SPRINGS CHARTER REVISION.

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No. 550 (House Bill No. 1291).

AN ACT

To amend an Act providing for a new charter for the City of Sandy Springs in Fulton County, approved April 15, 2005 (Ga. L. 2005 p. 3515), so as to modify provisions relating to the City of Sandy Springs and the executive and judicial officials of such city; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act providing for a new charter for the City of Sandy Springs in Fulton County, approved April 15, 2005 (Ga. L. 2005 p. 3515), is amended as follows:

"ARTICLE I CREATION, INCORPORATION, POWERS
SECTION 1.01. Incorporation.

This Act shall constitute the charter of the City of Sandy Springs, Georgia. The City of Sandy Springs, Georgia, in the County of Fulton, and the inhabitants thereof, are constituted and declared a body politic and corporate under the same name and style of the 'City of Sandy Springs' and by that name shall have perpetual succession, may sue and be sued, plead and be impleaded, in all courts of law and equity, and in all actions whatsoever, and may have and use a common seal.

SECTION 1.02. Corporate boundaries.

The boundaries of the City of Sandy Springs shall be as set forth and described in Appendix A of this charter, and said Appendix A is incorporated into and made a part of this charter. The city manager shall maintain a current map and written legal description of the corporate boundaries of the city, and such map and description shall incorporate any changes which may hereafter be made in such corporate boundaries.

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SECTION 1.03. Powers and construction.

(a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this Act. This city shall have all the powers of self-government not otherwise prohibited by this Act or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. These powers shall include, but not be limited to, the following:
(1) Animal regulations. To regulate and license or to prohibit the keeping or running at-large of animals and fowl, and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder; (2) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (3) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes; and to regulate all housing, and building trades to the extent permitted by general law; (4) Business regulation and taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades and professions as authorized by Title 48 of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees; (5) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the city council, utilizing procedures enumerated in Title 22 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted; (6) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms and corporations; (7) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or without the city, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health or well-being of the citizens of the city;

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(8) Environmental protection. To protect and preserve the natural resources, environment and vital areas of the city, the region, and the state through the preservation and improvement of air quality, the restoration and maintenance 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; (9) Ethics. To adopt ethics ordinances and regulations governing the conduct of municipal elected officials, appointed officials, and employees, establishing procedures for ethics complaints and setting forth penalties for violations of such rules and procedures; (10) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (11) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal, and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein benefitting from such services; to enforce the payment of such charges, taxes or fees; and to provide for the manner and method of collecting such service charges; (12) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city, and to provide for the enforcement of such standards; (13) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (14) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (15) Jail sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city, to provide for 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; (16) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city; (17) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city, and to confer upon

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such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (18) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (19) Municipal property ownership. To acquire, dispose of, lease, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (20) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (21) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, stormwater management, gas works, electric light plants, cable television and other telecommunications, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties; and to provide for the withdrawal of service for refusal or failure to pay the same; (22) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (23) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (24) Planning and zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community; (25) Police and fire protection. To exercise the power of arrest through duly appointed police officers, and to establish, operate, or contract for a police and a fire-fighting agency; (26) Public hazards: removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (27) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, public buildings, libraries, public housing, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, detentional, penal, and medical institutions, agencies, and facilities; and to provide any other public improvements, inside or outside the corporate limits of the city and to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted; (28) Public peace. To provide for the prevention and punishment of loitering, disorderly conduct, drunkenness, riots, and public disturbances;

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(29) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (30) Public utilities and services. To grant franchises or make contracts for, or impose taxes on, public utilities and public services, and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission. (31) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (32) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (33) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (34) Sewer and water fees. To levy a fee, charge, or sewer tax and water fees 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 others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (37) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; provided, however, that:
(A) For all years, the millage rate imposed for ad valorem taxes on real property shall not exceed 4.731 unless a higher limit is recommended by resolution of the city council and approved by the qualified voters of the City of Sandy Springs;

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(B) For all years, the fair market value of all property subject to taxation shall be determined according to the tax digest of Fulton County, as provided in Code Section 48-5-352 of the O.C.G.A.; and (C) For all years, the billing date or dates and due date or due dates for municipal ad valorem taxes shall be the same as for Fulton County ad valorem taxes; (38) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; (39) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (40) Urban redevelopment. To organize and operate an urban redevelopment program; (41) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and any listing of particular powers in this charter shall not be held to be exclusive of others or restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.

SECTION 1.04. Exercise of powers.

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

ARTICLE II GOVERNMENT STRUCTURE, ELECTIONS
AND LEGISLATIVE BRANCH SECTION 2.01.
City council creation; number; election.

(a) The legislative authority of the government of Sandy Springs, except as otherwise specifically provided in this Act, shall be vested in the mayor and a city council to be

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composed of six city councilmembers. References in this Act to the terms 'councilmember' shall not include the mayor. (b) The mayor shall be elected by a majority vote of the qualified electors of the city at large voting at the elections of the city. (c) Each city councilmember shall be elected by a majority vote of the qualified electors of his or her respective city council district voting at the elections of the city. For the purpose of electing the six city councilmembers, there shall be six city council districts, designated City Council Districts 1 through 6, as described in Appendix B of this Act and the accompanying Redistricting Plan Components Report, which are attached to and made a part of the charter of the City of Sandy Springs. Each person desiring to offer as a candidate for city councilmember shall designate the city council district for which he or she is offering.

SECTION 2.02. Mayor and city councilmembers; election, terms, and qualifications for office.

(a) Except as otherwise provided in subsection (c) of this section, 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 city councilmember unless that person shall have been a resident of the area comprising the corporate limits of the City of Sandy Springs for a continuous period of at least 12 months immediately prior to the date of the election for mayor or city councilmember, shall continue to reside therein during that person's period of service, and shall continue to be registered and qualified to vote in municipal elections of the City of Sandy Springs. In addition to the above requirements, no person shall be eligible to serve as a city councilmember representing a city council district unless that person has been a resident of the district such person seeks to represent for a continuous period of at least six months immediately prior to the date of the election for city councilmember and continues to reside in such district during that person's period of service. (b) General municipal elections shall be held on the Tuesday next following the first Monday in November of 2005 and quadrennially thereafter. (c) The first mayor and the initial city councilmembers shall take office on December 1, 2005, and shall serve for terms which expire when their successors take office in January of 2010. Thereafter the mayor and city councilmembers shall take office as provided in Code Section 21-2-541.1 of the O.C.G.A. and serve for terms of four years. The initial members and future members of the governing authority shall serve until their successors are elected and qualified.

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SECTION 2.03. Vacancy; filling of vacancies; suspensions.

The office of mayor or city councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this Act or the general laws of the State of Georgia. A vacancy in the office of mayor or city councilmember shall be filled for the remainder of the unexpired term by a special election if such vacancy occurs 12 months or more prior to the expiration of the term of that office. If such vacancy occurs within 12 months of the expiration of the term of that office, the city council or those members remaining shall appoint a successor for the remainder of the term. This provision shall also apply to a temporary vacancy created by the suspension from office of the mayor or any city councilmember.

SECTION 2.04. Nonpartisan elections.

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

SECTION 2.05. Election by majority vote.

The candidates for mayor and city councilmember who receive a majority of the votes cast in the applicable election shall be elected to a term of office. In the event no candidate receives a majority of the votes cast in said election, a run-off election shall be held between the two candidates receiving the highest number of votes. Such run-off shall be held at the time specified by state election law, unless such run-off date is postponed by court order.

SECTION 2.06. Applicability of general laws; qualifying; other provisions.

All primaries and elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code,' as now or hereafter amended. Except as otherwise provided by this Act, the city council shall, by ordinance or resolution, prescribe such rules and regulations as it deems appropriate, including but not limited to the establishment of qualifying fees, to fulfill any options and duties under Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code,' as now or hereafter amended.

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SECTION 2.07. Compensation and expenses.

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Through December 31, 2012, the starting salary of the mayor shall be not less than $25,000.00 and the starting salary for each city councilmember shall be not less than $12,000.00. Effective January 1, 2014, the starting salary of the mayor shall not be less than $40,000.00 and the starting salary for each city councilmember shall not be less than $18,000.00. Such salary shall be paid from municipal funds in monthly installments. The city council shall have authority to vote annually to raise the mayor and city councilmembers' salaries in an amount consistent with the Consumer Price Index or similar inflationary index. The city council may provide by ordinance for the provision of insurance, retirement, workers' compensation, and other employee benefits to the mayor and members of the city council and may provide by ordinance for the reimbursement of expenses actually and necessarily incurred by the mayor and members of the city council in carrying out their official duties.

SECTION 2.08. Inquiries and investigations.

The city council may make inquiries and investigations into the affairs of the city and conduct of any department, office, or agency thereof including inquiries and investigation into the services provided to the city by contractors or other persons doing business with the city. For such purpose, the city council may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as may be provided by ordinance.

SECTION 2.09. Meetings and mayor pro tempore.

(a) The city council shall meet on the first working day in January immediately following each regular municipal election. The meeting shall be called to order by the mayor-elect and the oath of office shall be administered to the newly elected mayor and city councilmembers by a judicial officer authorized to administer oaths. The oath shall, to the extent that it comports with federal and state law, be as follows:
'I do solemnly swear or affirm that I will faithfully execute the office of [city councilmember or mayor as the case may be] of the City of Sandy Springs, and will to the best of my ability support and defend the Constitution of the United States, the Constitution of Georgia, and the charter, ordinances, and regulations of the City of Sandy Springs. 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

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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 Sandy Springs 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 Sandy Springs to the best of my ability without fear, favor, affection, reward, or expectation thereof.' (b) Following the induction of the mayor and city councilmembers, the city council, by a majority vote of the city councilmembers, shall elect a city councilmember to be mayor pro tempore, who shall serve for a term of four years and until a successor is elected and qualified. The mayor pro tempore shall assume the duties and powers of the mayor during the mayor's disability or absence, except that the mayor pro tempore shall continue to vote as a city councilmember and may not exercise the mayor's prerogative to vote in the case of a tie. During the mayor's disability or absence, the mayor pro tempore may veto any action of city council. If the mayor pro tempore is absent because of sickness or disqualification, any one of the remaining city councilmembers, chosen by the members present, shall be clothed with all the rights and privileges of the mayor and shall perform the mayor's duties in the same manner as the mayor pro tempore. (c) The city council shall, at least once a month, hold regular meetings at such times and places as prescribed by ordinance. The city council may recess any regular meeting and continue such meeting on any weekday or hour it may fix and may transact any business at such continued meeting as may be transacted at any regular meeting. (d) Special meetings of the city council may be held on the call of the mayor or three members of the city council. Notice of such special meetings shall be delivered to all members of the city council and the mayor personally, by registered mail, or by electronic means, at least 24 hours in advance of the meeting. Such notice to city councilmembers shall not be required if the mayor and all city councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by the mayor or a city councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice. The notice of such special meeting shall state what business is to be transacted at the special meeting. Only the business stated in the call may be transacted at the special meeting.

SECTION 2.10. Quorum; voting.

Four city councilmembers shall constitute a quorum and shall be authorized to transact business for the city council. Voting on the adoption of ordinances shall be taken by voice vote and the yeas and nays shall be recorded in the minutes, but on the request of any member there shall be a roll-call vote. In order for any ordinance, resolution, motion, or other action of the city council to be adopted, the measure must receive at least three

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affirmative votes and must receive the affirmative votes of a majority of those voting. No member of the city council shall abstain from voting on any matter properly brought before the city council for official action except when such member of city council 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. The mayor shall vote only in the case of a tie or in the case where his or her vote will provide the third affirmative vote required for approval of a matter.

SECTION 2.11. General power and authority of the city council.

(a) Except as otherwise provided by law or by this charter, the city council shall be vested with all the powers of government of the City of Sandy Springs as provided by Article I of this charter. (b) In addition to all other powers conferred upon it by law, the city council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules, and regulations, not inconsistent with this charter and the Constitution and 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 Sandy Springs and may enforce such ordinances by imposing penalties for violation thereof.

SECTION 2.12. Administrative and service departments.

(a) Except for the office of city manager, the city council, by ordinance, may establish, abolish, merge, or consolidate offices, positions of employment, departments, and agencies of the city as they shall deem necessary for the proper administration of the affairs and government of the city. The city council shall prescribe the functions and duties of existing departments, offices, and agencies or of any departments, offices, and agencies hereinafter created or established; may provide that the same person shall fill any number of offices and positions of employment; and may transfer or change the functions and duties of offices, positions of employment, departments, and agencies of the city. (b) The operations and responsibilities of each department now or hereafter established in the city shall be distributed among such divisions or bureaus as may be provided by ordinance of the city council. Each department shall consist of such officers, employees, and positions as may be provided by this charter or by ordinance and shall be subject to the general supervision and guidance of the mayor and city council.

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(c) Except for the services provided by the mayor, city council, and city manager, the city council may establish contracts for services with private or public entities for services authorized by this Act or the laws of this state.

SECTION 2.13. Boards, commissions, and authorities.

(a) All members of boards, commissions, and authorities of the city shall be nominated by the mayor and be confirmed by the city council for such terms of office and such manner of appointment as provided by ordinance, except where other appointing authority, term of office, or manner of appointment is prescribed by this charter or by applicable state law. (b) No member of any board, commission, or authority of the city shall hold any elective office in the city. City councilmembers and the mayor, however, may serve as ex officio members of such boards, commissions, or authorities, without a vote. (c) Any vacancy in office of any member of a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed for original appointment, except as otherwise provided by this charter or any applicable state law. (d) No member of any board, commission, or authority shall assume office until he or she shall have executed and filed with the designated officer of the city an oath obligating himself or herself to faithfully and impartially perform the duties of his or her office, such oath to be prescribed by ordinance of the city council and administered by the mayor. (e) Any member of a board, commission, or authority may be removed from office for cause by a vote of a majority of the members of the city council. (f) Members of boards, commissions, and authorities may receive such compensation and expenses in the performance of their official duties as prescribed by ordinance. (g) Except as otherwise provided by this charter or by applicable state law, each board, commission, or authority of the city government shall elect one of its members as chairperson and one member as vice chairperson for terms of one year and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations not inconsistent with this charter, ordinances of the city, or applicable state law as it deems appropriate and necessary for the conduct of its affairs, copies of which shall be filed with the designated officer of the city.

SECTION 2.14. Ordinance form; procedures.

(a) Every proposed ordinance and resolution shall be introduced in writing, and the city council shall have the authority to approve, disapprove, or amend the same. After the title of any proposed resolution or ordinance is read at a city council meeting, it may be approved and passed at such time by the city council.

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(b) The catchlines of sections of this charter or any ordinance printed in boldface type, italics, or otherwise, are intended as mere catchwords to indicate the contents of the section, and:
(1) Shall not be deemed or taken to be titles of such sections or as any part of the section; and (2) Shall not be so deemed when any of such sections, including the catchlines, are amended or reenacted unless expressly provided to the contrary. Furthermore, the chapter, article, and section headings contained in this Act shall not be deemed to govern, limit, or modify or in any manner affect the scope, meaning, or intent of the provisions of any chapter, article, or section hereof. (c) The city council may, by ordinance or resolution, adopt rules and bylaws to govern the conduct of its business, including procedures and penalties for compelling the attendance of absent members. Such rules may include punishment for contemptuous behavior conducted in the presence of the city council.

SECTION 2.15. Submission of ordinances to the mayor.

(a) Every ordinance, resolution, and other action adopted by the city council shall be presented promptly to the mayor. Except for city council approval of appointments to committees, boards, and commissions, the employment of any appointed officer, internal affairs, or matters which must be approved by the voters, the mayor may veto any action adopted by the city council. (b) The veto must be exercised no later than the next regular city council meeting following the meeting at which the action was taken. If an action is disapproved, the mayor shall submit to the city council a written statement of the reasons for the mayor's veto. (c) An action vetoed by the mayor shall automatically be on the agenda at the next regular meeting of the city council for reconsideration. If the minimum number of city councilmembers necessary to vote on overriding the veto are not present, the action may be continued until the next meeting at which the minimum number of city councilmembers are present. Such action shall not become effective unless it is readopted by the affirmative votes of at least four members of city council within 60 days of the veto. A veto may be overturned and a measure adopted by a vote of four or more city councilmembers. (d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance or resolution. The approved part or parts of any ordinance or resolution making appropriations shall become law, and the part or parts disapproved or reduced shall not become law unless subsequently passed by the city council over the mayor's veto as provided in this charter.

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(e) If an ordinance or resolution has been signed by the mayor, it shall become effective. If an ordinance or resolution is neither approved nor disapproved by the mayor by the next regular meeting of the city council, it shall become effective.

ARTICLE III EXECUTIVE BRANCH
SECTION 3.01. Powers and duties of the mayor.

(a) The mayor shall be the chief executive officer of the city government, a member of and the presiding officer of the city council, and responsible for the efficient and orderly administration of the city's affairs. The mayor shall be responsible for the enforcement of laws, rules, regulations, ordinances, and franchises in the city. The mayor may conduct inquiries and investigations into the conduct of the city's affairs and shall have such powers and duties as specified in this charter or as may be provided by ordinance consistent with this charter. (b) The mayor shall:
(1) Preside at all meetings of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes and be the official spokesperson for the city and the advocate of policy; (3) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, resolutions, and other instruments executed by the city which by law are required to be in writing; (4) See that all laws and ordinances of the city are faithfully executed; (5) Vote on any motion, resolution, ordinance, or other question before the city council only as provided in Section 2.10 of this charter and vote on any matter before a committee on which he or she serves; (6) Obtain short term loans in the name of the city when authorized by the city council to do so; (7) Appoint councilmembers to review the functions of the various departments of the city and report to the mayor and full city council regarding the same; (8) Require the city manager to meet with him or her at a time and place designated for consultation and advice upon the affairs of the city; (9) Name qualified residents of the city to boards and commissions with approval of the city council; (10) Make recommendations with respect to employment or termination decisions of city employees; (11) Prepare or have prepared an agenda for each meeting of the city council which shall include all business submitted by the mayor, any councilmember, the city manager, and the city attorney; and

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(12) Fulfill and perform such other duties as are imposed by this charter and duly adopted ordinances.

SECTION 3.02. City manager; appointment, qualification, and compensation.

The mayor shall appoint, subject to confirmation by the city council, for an indefinite term an officer whose title shall be the 'city manager' and the city manager shall serve at the pleasure of the city council. The city manager shall be appointed without regard to political beliefs and solely on the basis of his or her executive and administrative qualifications with special reference to his or her educational background and actual experience in, and knowledge of, the duties of office as hereinafter prescribed.

SECTION 3.03. City manager; chief administrative officer.

The city manager shall be the chief administrative officer of the government of the City of Sandy Springs. Except as approved by the mayor and city council, the city manager must devote all of his or her working time and attention to the affairs of the city and shall be responsible to the mayor and city council for the proper and efficient administration of the affairs of the city over which said officer has jurisdiction.

SECTION 3.04. City manager; powers and duties enumerated.

The city manager shall have the power, and it shall be his or her duty to: (1) See that all laws and ordinances are enforced; (2) Appoint and employ all necessary employees of the city, provided that excepted from the power of this appointment are those officers and employees who by this Act are appointed or elected by the city council or departments not under the jurisdiction of the city manager; (3) Remove employees employed by said officer without the consent of the city council and without assigning any reason therefore; (4) Exercise supervision and control of all departments and all divisions created in this charter or that may hereafter be created by the city council except as otherwise provided in this Act; (5) Attend all meetings of the city council with a right to take part in the discussions, but having no vote. The city manager shall be entitled to notice of all special meetings; (6) Recommend to the city council, after prior review and comment by the mayor, for adoption such measures as the city manager may deem necessary or expedient;

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(7) See that all terms and conditions imposed in favor of the city or its inhabitants in any public utility franchise are faithfully kept and performed and upon knowledge of any violation thereof to call the same to the attention of the city attorney, whose duty it shall be forthwith to take such steps as are necessary to protect and enforce the same; (8) Make and execute all lawful contracts on behalf of the city as to matters within said officer's jurisdiction to the extent that such contracts are funded in the city's budget, except such as may be otherwise provided by law; provided, however, that no contract purchase or obligation requiring a budget amendment shall be valid and binding until after approval of the city council; (9) Act as budget officer to prepare and submit to the city council, after review and comment by the mayor, prior to the beginning of each fiscal year a budget of proposed expenditures for the ensuing year, showing in as much detail as practicable the amounts allotted to each department of the city government and the reasons for such estimated expenditures; (10) Keep the city council at all times fully advised as to the financial condition and needs of the city; (11) Make a full written report to the city council on the first of each month showing the operations and expenditures of each department of the city government for the preceding month, and a synopsis of such reports shall be published by the city clerk; (12) Fix all salaries and compensation of city employees in accordance with the city budget and the city pay and classification plan; and (13) Perform such other duties as may be prescribed by this Act or required by ordinance or resolution of the city council.

SECTION 3.05. City council interference with administration.

Except for the purpose of inquiries and investigations under Section 2.08 of this charter, the city council or its members shall deal with city officers and employees who are subject to the direction or supervision of the city manager solely through the city manager, and neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately.

SECTION 3.06. City manager; removal.

(a) The mayor and city council may remove the city manager from office in accordance with the following procedures:
(1) The city council shall adopt by affirmative vote of a majority of all its members a preliminary resolution removing the city manager and may suspend the city manager

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from duty for a period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the city manager; (2) Within five days after a copy of the resolution is delivered to the city manager, he or she may file with the city council a written request for a public hearing. This hearing shall be held at a city council meeting not earlier than 15 days nor later than 30 days after the request is filed. The city manager may file with the city council a written reply not later than five days before the hearing; and (3) The city council may adopt a final resolution of removal, which 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. (b) The city manager shall continue to receive his or her salary until the effective date of a final resolution of removal and, unless he or she has been convicted of a felony at that time, he or she shall be given not less than 60 days' severance pay. The action of the city council in suspending or removing the city manager shall not be subject to review by any court or agency. (c) If the city manager becomes disabled and is unable to carry out the duties of the office or if the city manager dies, the acting city manager shall perform the duties of the city manager until the city manager's disability is removed or until the city manager is replaced. Removal of the city manager because of disability shall be carried out in accordance with the provisions of subsection (a) of this section.

SECTION 3.07. Acting city manager.

(a) The city manager may designate in writing any administrative employee of the city who shall exercise all powers, duties, and functions of the city manager during the city manager's temporary absence from the city or during the city manager's disability. If such designation has not been made and the city manager is absent from the city or unable to perform the duties of the office or to make such designation, the city council may, by resolution, appoint any qualified administrative employee of the city to perform the powers, duties, and functions of the city manager until the city manager shall return to the city, the disability ceases, or the city council appoints a new city manager. (b) In the event of a vacancy in the office of city manager, the city council may designate a person as acting city manager, who shall exercise all powers, duties, and functions of the city manager until a city manager is appointed.

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SECTION 3.08. City attorney.

The mayor shall nominate and the city council shall confirm by majority vote of the city council a city attorney, together with such assistant city attorneys as may be deemed appropriate, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the city council as directed; shall advise the city council, mayor, other officers, and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of his or her position as city attorney. The city attorney shall review all contracts of the city but shall not have the power to bind the city.

SECTION 3.09. City clerk.

The mayor may appoint a city clerk, subject to confirmation by majority vote of the city council, to keep a journal of the proceedings of the city council; to maintain in a safe place all records and documents pertaining to the affairs of the city; and to perform such duties as may be required by law or ordinance or as the mayor or city manager may direct.

SECTION 3.10. Tax collector.

The mayor may appoint a tax collector, subject to confirmation by majority vote of the city council, to collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of this charter and the ordinances of the city; and the tax collector shall diligently comply with and enforce all general laws of Georgia relating to the collection, sale, or foreclosure of taxes by municipalities.

SECTION 3.11. City accountant.

The mayor may appoint a city accountant, subject to confirmation by majority vote of the city council, to perform the duties of an accountant.

GEORGIA LAWS 2012 SESSION
SECTION 3.12. Consolidation of functions.

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The city manager, with the approval of the city council, may consolidate any two or more of the positions of city clerk, city tax collector, and city accountant, or any other positions or may assign the functions of any one or more of such positions to the holder or holders of any other positions. The city manager may also, with the approval of the city council, perform all or any part of the functions of any of the positions or offices in lieu of the appointment of other persons to perform the same.

SECTION 3.13. Position classification and pay plans; employment at will.

The city manager shall be responsible for the preparation of a position classification and a pay plan which shall be submitted to the city council for approval. Said plan may apply to all employees of the City of Sandy Springs and any of its agencies and offices. When a pay plan has been adopted by the city council, neither the city council nor the city manager shall increase or decrease the salaries of individual employees except in conformity with such pay plan or pursuant to an amendment of said pay plan duly adopted by the city council. Except as otherwise provided in this charter, all employees of the city shall be subject to removal or discharge, with or without cause, at any time.

ARTICLE IV MUNICIPAL COURT
SECTION 4.01. Creation.

There is established a court to be known as the Municipal Court of the City of Sandy Springs which shall have jurisdiction and authority to try offenses against the laws and ordinances of said city and to punish for a violation of the same. Such court shall have the power to enforce its judgments by the imposition of such penalties as may be provided by law, including ordinances of the city; to punish witnesses for nonattendance and to punish also any person who may counsel or advise, aid, encourage, or persuade another whose testimony is desired or material in any proceeding before said court to go or move beyond the reach of the process of the court; to try all offenses within the territorial limits of the city constituting traffic cases which, under the laws of Georgia, are placed within the jurisdiction of municipal courts to the extent of, and in accordance with, the provisions of such laws and all laws subsequently enacted amendatory thereof. When convened, the municipal court shall be presided over by a judge of the court.

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SECTION 4.02. Judge.

(a) No person shall be qualified or eligible to serve as judge unless he or she shall have attained the age of 25 years and shall have been a member of the State Bar of Georgia for a minimum of three years. (b) All judges shall be appointed by resolution of the city council and shall serve for a term of four years. The compensation of the judge shall be fixed by the city council by adoption of a resolution. The position of judge created in this article shall not be a full-time position, and the person serving in said position may engage in the private practice of law; provided, however, a judge may not appear and represent a client before the court. (c) Before entering on duties of his or her office, the appointed judges shall take an oath before an officer duly authorized to administer oaths in this state declaring that he or she will truly, honestly, and faithfully discharge the duties of his or her office to the best of his or her ability without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council. (d) A judge of the municipal court shall serve for the designated term but may be removed from the position by a two-thirds vote of the entire membership of the city council or upon action taken by the State Judicial Qualifications Commission for:
(1) Willful misconduct in office; (2) Willful and persistent failure to perform duties; (3) Habitual intemperance; (4) Conduct prejudicial to the administration of justice which brings the judicial office into disrepute; or (5) Disability seriously interfering with the performance of duties, which is, or is likely to become, of a permanent character.

SECTION 4.03. Administration.

(a) The position of clerk of the court is created. The clerk shall be appointed by the city manager and shall serve at the pleasure of the city manager. (b) The clerk of the court shall be responsible for all record keeping of the court and bill keeping and collection of all fines received by the court. (c) In addition, the clerk of the court shall serve as administrator of the court, supervising all personnel of the court, setting times and dates for convening of the court, preparing the court docket, scheduling of judges to preside over the court sessions, and for such other services as may be assigned by resolution or ordinance of the council.

GEORGIA LAWS 2012 SESSION
SECTION 4.04. Jurisdiction; and powers.

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(a) The municipal court shall try and punish for crimes against the City of Sandy Springs and for violation of its ordinances. The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or imprisonment for 15 days. The municipal court may impose punishment for offenses within its jurisdiction to the full extent allowed by state law. (b) The council shall have authority to establish a schedule of reasonable fees to defray the cost of operation.

SECTION 4.05. Certiorari.

The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Fulton County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.

SECTION 4.06. Rules for court.

The judges, by majority vote, shall have authority to make reasonable rules and regulations necessary and proper for addressing the operations of the municipal court. The clerk of the court, as administrator of the court, shall prepare reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court. All rules shall be subject to the approval of the city council.

ARTICLE V FINANCE AND FISCAL
SECTION 5.01. Fiscal year.

The city council shall set the fiscal year by ordinance. Said fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department or institution, agency, and activity of the city government, unless otherwise provided by state or federal law.

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SECTION 5.02. Preparation of budgets.

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

SECTION 5.03. Submission of operating budget to city council.

On or before a date fixed by the city council, but not later than 30 days prior to the beginning of each fiscal year, the city manager shall, after review and comment by the mayor, submit to the city council a proposed operating budget for the ensuing fiscal year. With the review of the mayor, the budget shall be accompanied by a message from the city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as he or she may deem pertinent. The operating budget and the capital improvements budget hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the city manager and shall be open to public inspection.

SECTION 5.04. Action by city council on budget.

The city council may amend the operating budget proposed by the city manager, except that the budget, as finally amended and adopted, must provide for all expenditures required by law, or by other provisions of this charter, and for all debt service requirements for the ensuing fiscal year and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues, constituting the fund availability of such fund.

SECTION 5.05. Audits.

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

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(b) As a minimum, all audits and budgets of the city shall satisfy the requirements of Chapter 81 of Title 36 of the O.C.G.A., relating to local government audits and budgets.

SECTION 5.06. Homestead exemptions.

Any homestead exemptions applicable to ad valorem taxes levied by the city shall be as provided by Act of the General Assembly pursuant to Article VII, Section II, Paragraph II of the Georgia Constitution.

ARTICLE VI GENERAL PROVISIONS.
SECTION 6.01. Effective dates.

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

SECTION 6.02. Charter commission.

At the first regularly scheduled city council meeting 15 years after the inception of the City of Sandy Springs, the mayor and city council shall call for a charter commission to review the city's experience and recommend to the General Assembly any changes to the city charter. Members of the charter commission shall be appointed as follows: one by the mayor, one by the city council, and one by each member of the Georgia House of Representatives and Senate whose district lies wholly or partially within the corporate boundaries of Sandy Springs. All members of the charter commission must reside in Sandy Springs. The commission must complete the recommendations within six months of its creation.

SECTION 6.03. Severability.

In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act

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if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

SECTION 6.06. Repealer.

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

APPENDIX A

The corporate limits of the City of Sandy Springs shall consist of the following described territory of Fulton County: Beginning at the northwest corner of the City of Atlanta, as the boundaries of said city existed on January 1, 2005, at the point where the northerly city limit line of said city intersects the westerly county line of Fulton County and the Chattahoochee River, running thence generally easterly along the said northerly city limit line of the City of Atlanta, following the meanderings thereof, to the point where said line intersects the Fulton-DeKalb County line; run thence northerly, generally easterly, and generally northerly along the easterly county line of Fulton County to the point where the Fulton-Gwinnett County line intersects the Chattahoochee River; run thence generally west and southwest along the southern bank of said river, following the meanderings thereof, to the point of beginning. The corporate limits of the City of Sandy Springs shall also consist of properties, if any, annexed by local ordinance.

APPENDIX B

City Council Districts 1 through 6 shall consist of the described territory of the City of Sandy Springs identified as 'Plan: sterling1R Plan Type: Local Administrator: Sandy Springs User: Gina'. When used in such plan, the terms 'Tract' and 'BG' 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 Sandy Springs which is not included in any such district described in that plan shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of the City of Sandy Springs which is described in that plan 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

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with 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.

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2012 session of the General Assembly of Georgia a bill to amend an Act providing for a new charter for the City of Sandy Springs in Fulton County, approved April 15, 2005 (Ga. L. 2005 p. 3515), so as to modify provisions relating to the City of Sandy Springs and the executive and judicial officials of such city; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Representative Joe Wilkinson District 52

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe Wilkinson, who on oath deposes and says that he is the Representative from District 52 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 1, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

s/ JOE WILKINSON Joe Wilkinson Representative, District 52

Sworn to and subscribed before me, this 19th day of March 2012.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2015 (SEAL)

Approved April 11, 2012.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF WILLIAMSON MAYOR AND COUNCIL; TERMS OF OFFICE; MANNER OF ELECTION.

No. 551 (House Bill No. 1294).

AN ACT

To amend an Act entitled "An Act to provide a new charter for the City of Williamson," approved April 7, 1992 (Ga. L. 1992, p. 5651), so as to change the terms of office of the mayor and members of the city council; to provide for elections; to provide for the submission of this Act 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 a new charter for the City of Williamson," approved April 7, 1992 (Ga. L. 1992, p. 5651), is amended by revising Section 2.11 as follows:

"SECTION 2.11. City council terms and qualifications for office.

The members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as councilmember unless such person meets the requirements of a qualified elector for members of the General Assembly, has been a resident of the city for three months immediately prior to the date of the election of members of the city council, and has no delinquent debts outstanding against him or her in favor of the city. Each councilmember shall continue to reside in the city during such councilmember's period of service and be registered and qualified to vote in municipal elections of this city."

SECTION 2. Said Act is further amended by revising subsection (a) of Section 2.27 as follows:
"(a) The mayor shall be elected and serve for a term of four years and until a successor is elected and qualified. The mayor shall be a qualified elector of this city, shall have been a resident of the city for at least three months immediately preceding such election, and shall have no delinquent debts outstanding against him or her in favor of the city. The mayor shall continue to reside in this city during the period of service as mayor. The mayor shall forfeit office on the same grounds and under the same procedures as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers."

GEORGIA LAWS 2012 SESSION
SECTION 3. Said Act is further amended by revising Section 5.11 as follows:

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"SECTION 5.11. Regular elections; time for holding.

(a) On the Tuesday next following the first Monday in November, 2012, there shall be an election for successors to the mayor and councilmembers representing Posts 1, 4, and 5. The persons elected at such election shall serve until December 31, 2015, and until their successors have been duly elected and qualified. Their successors shall be elected at the general municipal election held in 2015 and quadrennially thereafter and shall take office in January, 2016, to serve terms of four years and until their successors are duly elected and qualified. On the Tuesday next following the first Monday in November, 2013, and on that day quadrennially thereafter, there shall be an election for successors to the councilmembers representing Posts 2 and 3. The terms of office shall begin at the time of taking the oath of office as provided in Section 2.18 of this charter. (b) The mayor and councilmembers in office on the effective date of this section shall remain in office until their successors are duly elected and qualified."

SECTION 4. The governing authority of the City of Williamson 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, no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2012 session of the General Assembly of Georgia a bill to amend an Act entitled "An Act to provide a new charter for the City of Williamson," approved April 7, 1992 (Ga. L. 1992, p. 5651), so as to change the terms of office of the mayor and members of the city council; to provide for elections; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
/s/Billy Maddox, Representative District 127

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Billy Maddox, who on oath deposes and says that he is the Representative from District 127 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Pike County Journal Reporter which is the official organ of Pike County on March 14, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

s/ BILLY MADDOX Billy Maddox Representative, District 127

Sworn to and subscribed before me, this 14th day of March 2012.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires Aug. 14, 2015 (SEAL)

Approved April 11, 2012.

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CITY OF TOCCOA HOTEL/MOTEL TAX.

No. 552 (House Bill No. 1296).

AN ACT

To authorize the governing authority of the City of Toccoa 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 Toccoa is authorized to levy an excise tax at a rate not to

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exceed 8 percent of the charge for the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the municipality for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly or periodically furnished for value.

SECTION 2. The enactment of this Act is subsequent to the adoption of a resolution of the governing authority of the City of Toccoa dated March 12, 2012, which specifies the subsequent tax rate, identifies the projects or tourism product development purposes, and specifies the allocation of proceeds.

SECTION 3. In accordance with the terms of the duly executed resolution adopted by the mayor and council of the City of Toccoa:
(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 Toccoa or by such other entity already authorized to administer tourism funds pursuant to existing contract as specified in paragraph (2) of subsection (e) of Code Section 48-13-51 of the O.C.G.A.; and (2) The remaining amount of taxes collected that exceed the amount of taxes that would be collected at the rate of 5 percent which are not otherwise expended under paragraph (1) of this section shall be expended for tourism product development.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
LEGISLATION FOR HOTEL/MOTEL TAX INCREASE
Notice is given that there will be submitted for consideration at the regular 2012 session of the General Assembly of Georgia a bill to authorize the governing authority of te City of Toccoa to levy an excise tax pursuant to subsectio (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; and for purposes authorized by law.

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This 9th day of March, 2012.

John A. Dickerson, City Attorney City of Toccoa

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Michael Harden, who on oath deposes and says that he is the Representative from District 28 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Toccoa Record which is the official organ of Stephens County on March 15, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

s/ MICHAEL HARDEN Michael Harden Representative, District 28

Sworn to and subscribed before me, this 19th day of March 2012.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2015 (SEAL)

Approved April 11, 2012.

__________

JEFF DAVIS COUNTY PROBATE JUDGE TO SERVE AS CHIEF MAGISTRATE; ADVISORY REFERENDUM.

No. 553 (House Bill No. 1297).

AN ACT

To provide for a nonbinding, advisory referendum by the electors of Jeff Davis County for the purpose of ascertaining whether the judge of the Probate Court of Jeff Davis County shall also serve as the chief magistrate judge of the Magistrate Court of Jeff Davis County; to

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provide for procedures and requirements relating thereto; 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. It is the purpose of this Act to provide for a nonbinding, advisory referendum for the purpose of ascertaining whether the judge of the Probate Court of Jeff Davis County shall also serve as the chief magistrate judge of the Magistrate Court of Jeff Davis County. The advisory referendum provided for in this Act is:
(1) In all respects for the benefit of the people of Jeff Davis County; (2) A public purpose; and (3) An essential governmental function for which public funds may be expended.

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the county election superintendent of Jeff Davis County shall call and conduct a nonbinding, advisory referendum election as provided in this section for the purpose of submitting a question to the electors of Jeff Davis County. The county election superintendent shall conduct that election on the day of the next general primary election held in 2012 and shall issue the call and conduct that election as provided by general law. The county 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 Jeff Davis County. The ballot shall have written or printed thereon the words:
NONBINDING ADVISORY REFERENDUM "( ) YES Should the judge of the Probate Court of Jeff Davis County also serve as the ( ) NO chief magistrate judge of the Magistrate Court of Jeff Davis County?"
All persons desiring to vote for approval of the question shall vote "Yes," and all persons desiring to vote for rejection of the question shall vote "No." The expense of such election shall be borne by Jeff Davis County. It shall be the election superintendent's duty to certify the results thereof to the Secretary of State and to each member of the General Assembly whose senatorial or representative district lies wholly or partially within Jeff Davis County.

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

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

5390

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 2012 session of the General Assembly of Georgia a bill to provide for an advisory referendum as to whether the judge of the Probate Court of Jeff Davis County should also serve as the chief magistrate of the Magistrate Court of Jeff Davis County; and for other purposes.

Rep. Chuck Sims Rep. Tommy Smith Rep. Jay Roberts

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Chuck Sims, who on oath deposes and says that he is the Representative from District 169 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Jeff Davis Ledger which is the official organ of Jeff Davis County on March 14, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

s/ CHUCK SIMS Chuck Sims Representative, District 169

Sworn to and subscribed before me, this 19th day of March 2012.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires Aug. 14, 2015 (SEAL)

Approved April 11, 2012.

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DEKALB COUNTY LOCAL OR INDEPENDENT SCHOOL SYSTEMS IN DEKALB COUNTY OR CHARTER SCHOOL PLACING TELECOMMUNICATIONS TOWER ON SCHOOL PROPERTY; ADVISORY REFERENDUM.

No. 554 (House Bill No. 1299).

AN ACT

To provide for a nonbinding, advisory referendum by the electors of DeKalb County for the purpose of ascertaining whether the local or independent school system in DeKalb County or charter school should place or operate a telecommunications tower on any elementary, middle, or high school property; to provide for procedures and requirements relating thereto; 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. It is the purpose of this Act to provide for a nonbinding, advisory referendum for the purpose of ascertaining whether the citizens of DeKalb County desire the local or independent school system of DeKalb County or a charter school in DeKalb County to place or operate a telecommunications tower on any elementary, middle, or high school property. The advisory referendum provided for in this Act is:
(1) In all respects for the benefit of the people of DeKalb County; (2) A public purpose; and (3) An essential governmental function for which public funds may be expended.

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the county election superintendent of DeKalb County shall call and conduct a nonbinding, advisory referendum election as provided in this section for the purpose of submitting a question to the electors of DeKalb County. The county election superintendent shall conduct that election on the day of the general primary election held in 2012 and shall issue the call and conduct that election as provided by general law. The county election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of DeKalb County. The ballot shall have written or printed thereon the words:

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

NONBINDING ADVISORY REFERENDUM "( ) YES Should the local or independent school system of DeKalb County or a
charter school in DeKalb County place or operate a telecommunications ( ) NO tower on any elementary, middle, or high school property?" All persons desiring to vote for approval of the question shall vote "Yes," and all persons desiring to vote for rejection of the question shall vote "No." The expense of such election shall be borne by DeKalb County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State and to each member of the General Assembly whose senatorial or representative district lies wholly or partially within DeKalb County.
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2012 session of the General Assembly of Georgia a bill to provide for a nonbinding, advisory referendum by the electors of DeKalb County for the purpose of ascertaining whether the local or independent school system in DeKalb County or charter school should place or operate a telecommunications tower on any elementary, middle, or high school property; to provide for procedures and requirements relating thereto; to provide for an effective date; and for other purposes.
Representative Karla Drenner District 86
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Karla Drenner, who on oath deposes and says that she is the Representative from District 86 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Champion which is the official organ of DeKalb County on March 15, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

GEORGIA LAWS 2012 SESSION
s/ KARLA DRENNER Karla Drenner Representative, District 86

5393

Sworn to and subscribed before me, this 19th day of March 2012.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires Aug. 14, 2015 (SEAL)

Approved April 11, 2012.

__________

SOUTHERN JUDICIAL CIRCUIT PRETRIAL RELEASE PROGRAM: POWERS OF DIRECTOR AND STAFF.

No. 555 (House Bill No. 1304).

AN ACT

To provide the director of the pretrial release program for the Southern Judicial Circuit and such other members of the staff of such program as may be designated by the chief judge of such judicial circuit with arrest and certain other powers; 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. The director of the pretrial release program for the Southern Judicial Circuit or any county within such circuit shall have the same power to make arrests; to execute and return all warrants, rules, orders, and processes of any kind; and to serve as a peace officer and perform the same duties as may be performed by a sheriff. Other staff members of the pretrial release program the chief judge of the Southern Judicial Circuit designates by order in his or her discretion as he or she shall deem necessary for the proper functioning of the pretrial release program shall have the same power to make arrests; to execute and return all warrants, rules, orders, and processes of any kind; and to serve as a peace officer and perform the same duties as may be performed by a sheriff.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2012 session of the General Assembly of Georgia a bill to provide the director of the pretrial release program for the Southern Judicial Circuit and such other members of the staff of such program as may be designated by the chief judge of such judicial circuit with arrest and certain other powers; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Amy Carter, who on oath deposes and says that she is the Representative from District 175 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Moultrie Observer which is the official organ of Colquitt County on February 24, 2012, and that the notice requirements of Code Section 28-1-14 have been met.
s/ AMY CARTER Amy Carter Representative, District 175
Sworn to and subscribed before me, this 13th day of March 2012.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2015 (SEAL)

GEORGIA LAWS 2012 SESSION NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

5395

Notice is given that there will be introduced at the regular 2012 session of the General Assembly of Georgia a bill to provide the director of the pretrial release program for the Southern Judicial Circuit and such other members of the staff of such program as may be designated by the chief judge of such judicial circuit with arrest and certain other powers; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Amy Carter, who on oath deposes and says that she is the Representative from District 175 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Valdosta Daily Times which is the official organ of Lowndes County on February 24, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

s/ AMY CARTER Amy Carter Representative, District 175

Sworn to and subscribed before me, this 13th day of March 2012.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2015 (SEAL)

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2012 session of the General Assembly of Georgia a bill to provide the director of the pretrial release program for the Southern Judicial Circuit and such other members of the staff of such program as may be designated by the chief judge of such judicial circuit with arrest and certain other powers; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

5396

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Amy Carter, who on oath deposes and says that she is the Representative from District 175 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Thomasville Times-Enterprise which is the official organ of Thomas County on February 24, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

s/ AMY CARTER Amy Carter Representative, District 175

Sworn to and subscribed before me, this 13th day of March 2012.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2015 (SEAL)

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2012 session of the General Assembly of Georgia a bill to provide the director of the pretrial release program for the Southern Judicial Circuit and such other members of the staff of such program as may be designated by the chief judge of such judicial circuit with arrest and certain other powers; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Amy Carter, who on oath deposes and says that she is the Representative from District 175 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Quitman Free Press which is the official organ of Brooks County on February 29, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

GEORGIA LAWS 2012 SESSION
s/ AMY CARTER Amy Carter Representative, District 175

5397

Sworn to and subscribed before me, this 13th day of March 2012.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2015 (SEAL)

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2012 session of the General Assembly of Georgia a bill to provide the director of the pretrial release program for the Southern Judicial Circuit and such other members of the staff of such program as may be designated by the chief judge of such judicial circuit with arrest and certain other powers; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Amy Carter, who on oath deposes and says that she is the Representative from District 175 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Valdosta Daily Times which is the official organ of Echols County on February 24, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

s/ AMY CARTER Amy Carter Representative, District 175

Sworn to and subscribed before me, this 13th day of March 2012.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia

5398

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

My Commission Expires Aug. 25, 2015 (SEAL)

Approved April 11, 2012.

__________

JONES COUNTY BOARD OF EDUCATION; NONPARTISAN ELECTIONS.

No. 557 (Senate Bill No. 268).

AN ACT

To amend an Act creating a Board of Education of Jones County, approved March 21, 1984 (Ga. L. 1984, p. 4459), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3836), so as to provide that future elections for board of education members shall be conducted on a nonpartisan basis; to provide for applicability; to provide for related matters; to provide for submission for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating a Board of Education of Jones County, approved March 21, 1984 (Ga. L. 1984, p. 4459), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3836), is amended by revising subsection (a) of Section 2 as follows:
"(a) The chairperson may reside anywhere within Jones County and shall be elected by the voters of the entire county. Each other member shall be a resident of the district the member represents and shall be elected by only the voters of that district. All elections shall be by majority vote. On and after July 1, 2011, all elections for chairperson and member of the board of education 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 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 chairperson and members of the Board of Education of Jones County in office on July 1, 2011. The sitting chairperson and members of the board of education shall serve out the terms of office for which they were elected and shall be eligible to succeed themselves as provided by law.

GEORGIA LAWS 2012 SESSION

5399

SECTION 3. The Board of Education of Jones 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 amend an Act creating a Board of Education of Jones County, approved March 21, 1984 (Ga. L. 1984, p. 4459), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3836), so as to provide that future elections for board of education members shall be conducted on a nonpartisan basis; to provide for applicability; to provide for related matters; to provide for submission for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal confliction laws; and for other purposes.

Senator Cecil Staton District 18

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Cecil Staton, who on oath deposes and says that he is the Senator from District 18 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Jones County News which is the official organ of Jones County on February 17, 2011, and that the notice requirements of Code Section 28-1-14 have been met.

s/ CECIL STATON Cecil Staton Senator, District 18

Sworn to and subscribed before me, this 21st day of March 2011.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia

5400

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

My Commission Expires Aug. 25, 2011 (SEAL)

Approved April 12, 2012.

__________

GLASCOCK COUNTY JUDGE OF PROBATE COURT; NONPARTISAN ELECTIONS.

No. 558 (Senate Bill No. 413).

AN ACT

To provide that future elections for the office of judge of the Probate Court of Glascock 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 Glascock 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 nonpartisan general election held 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 Glascock 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 Glascock 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.

GEORGIA LAWS 2012 SESSION NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

5401

Notice is given that there will be introduced at the regular 2012 session of the General Assembly of Georgia a bill to provide that future elections for the office of judge of the Probate Court of Glascock 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.

Senator William Jackson District 24

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Jackson, who on oath deposes and says that he is the Senator from District 24 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the News and Farmer/Jefferson Reporter which is the official organ of Glascock County on February 2, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

s/ BILL JACKSON Bill Jackson Senator, District 24

Sworn to and subscribed before me, this 8th day of February 2012.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires Aug. 14, 2015 (SEAL)

Approved April 12, 2012.

__________

5402

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

WEBSTER COUNTY MAGISTRATE COURT; TERMS OF MAGISTRATES OTHER THAN CHIEF MAGISTRATE; NOMINATION, APPOINTMENT, AND RENEWAL OF TERMS OF MAGISTRATES OTHER THAN CHIEF MAGISTRATE; LIMIT ON NUMBER OF MAGISTRATES.

No. 559 (Senate Bill No. 436).

AN ACT

To amend an Act to provide for the election of the initial chief magistrate of the Magistrate Court of Webster County, approved March 21, 1984 (Ga. L. 1984, p. 4451), as amended, particularly by an Act approved April 1, 1996 (Ga. L. 1996, p. 3834), so as to provide the terms of office of magistrates other than the chief magistrate; to provide for the nomination and appointment of magistrates other than the chief magistrate; to provide for the renewal of terms for magistrates other than the chief magistrate; to provide for a limit on the number of other magistrates to be appointed other than the chief magistrate; 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 for the election of the initial chief magistrate of the Magistrate Court of Webster County, approved March 21, 1984 (Ga. L. 1984, p. 4451), as amended, particularly by an Act approved April 1, 1996 (Ga. L. 1996, p. 3834), is amended by revising subsection (a) of Section 4 as follows:
"(a) Upon the conclusion of the term of any other magistrate in office as of the effective date of this Act, any other magistrate shall thereafter be nominated by the chief magistrate at the commencement of the term of office of the chief magistrate and be approved by the governing authority of Webster County for an annual term which shall expire at the end of each calendar year during the term of the chief magistrate. An appointment of any other magistrate shall be automatically renewed for a subsequent annual term which occurs during the term of office of the chief magistrate absent written notice from the chief magistrate of an intent not to renew the appointment of such other magistrate at least 30 days prior to the conclusion of the annual term of office of such other magistrate. The governing authority of Webster County shall not appoint more than one other magistrate to assist the chief magistrate."

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

GEORGIA LAWS 2012 SESSION NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION

5403

Notice is hereby given that there will be introduced at the regular 2012 session of the General Assembly of Georgia, a bill to amend an Act Providing for the election of the Webster County Chief Magistrate Court Judge and appointment of Assistant Magistrate Judge of Webster county approved April 1, 1996 (Ga. L. 1996, pages 3834 and 3835), as amended, so as to provide that the term of the Assistant Magistrate Court Judge shall be for a period of one-year during the term of the Chief Magistrate, which term shall renew for a subsequent annual term during the term of Chief Magistrate in the absence of thirty (30) days written notice of intent from the Chief Magistrate of intent to not renew such appointment, and for other purposes. The legislation shall further provide that the governing authority shall not appoint more than one Assistant Magistrate Judge for Webster County.

This 6th day of February, 2012

Senator George Hooks Senatorial District 14

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George Hooks, who on oath deposes and says that he is the Senator from District 14 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Stewart Webster Journal Patriot-Citizen which is the official organ of Webster County on February 9, 2012, 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 14th day of February 2012.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires Aug. 14, 2015 (SEAL)

5404

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Approved April 12, 2012.

__________

CITY OF WOODSTOCK CORPORATE LIMITS.

No. 560 (Senate Bill No. 495).

AN ACT

To amend an Act reincorporating and re-creating the City of Woodstock, approved April 17, 1975 (Ga. L. 1975, p. 4160), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 4472), so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act reincorporating and re-creating the City of Woodstock, approved April 17, 1975 (Ga. L. 1975, p. 4160), particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 4472), as amended, is amended by adding a new subsection (g) to Section 1.11 to read as follows:
"(g) The corporate limits shall not include the following described territory: A tract or parcel of land situated in land lot 1019, 15th District, 2nd Section, City of Woodstock, Cherokee County, Georgia, the bearings of which are based on State Plane Grid System (Georgia West Zone) and being more particularly described as follows: Commence at a concrete right-of-way monument at the north easterly miter at the intersection of the northerly right-of-way of Towne Lake Parkway (Variable R/W) and the westerly right-of-way of the south bound exit ramp of Interstate 575 (Variable R/W) as shown on the plat of survey of Pioneer Properties, Inc., Plat Book 57, Page 196, Cherokee County, Georgia records, said concrete right-of-way monument having state plane coordinates of North 149259.4 and East 2185878.8; thence N9E38N09OW for a distance of 81.31 feet to the intersection of the westerly right-of-way of the south bound exit ramp of Interstate 575 (Variable R/W) with the common property line between the property now or formerly owned by (i) Cherokee County and (ii) Georgia Department of Transportation to the Point of Beginning; thence leaving said westerly right-of-way and continuing along the common property line between the property now or formerly owned by (i) Cherokee County and (ii) Georgia Department of Transportation S70E46N11OW for a distance of 10.14 feet; thence leaving said common property line and through the land now or formerly owned by Georgia Department of Transportation N9E39N09OW for a distance of 203.77 feet to the common property line between the property now or formerly owned by (i) Affordable Lodging, Inc. and (ii) Georgia Department of Transportation; thence along the said common property line

GEORGIA LAWS 2012 SESSION

5405

N68E02N23OE for a distance of 10.24 feet to the intersection of said common property line with the westerly right-of-way of the south bound exit ramp of Interstate 575 (Variable R/W); thence leaving said common property line and continuing along said westerly right-of-way of south bound exit ramp S9E39N097OE for a distance of 204.26 to the Point of Beginning of said tract.

Containing 0.05 acres or 2041 square feet being more specifically shown on the De-Annexation Survey prepared for the City of Woodstock, by Charles Mitchell, RLS (GA #3240) of Ross Consulting Engineers, P.C., dated: January 30, 2012, (Job No. 12001), unto which reference is hereby made."

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 2012 Regular Session of the General Assembly a bill to de-annex from the City Limits of Woodstock, GA a 10.14' strip of land (approximately .05 acres) located in Land Lot 1019 of the 15th District, 2nd Section, City of Woodstock, Cherokee County, Georgia which lies adjacent to the southbound exit ramp of I-575 and at the intersection of the northerly corner of Towne Lake Parkway. A copy of the survey plat can be view by contacting the City Clerk of Woodstock at 770-592-6002 or rpezzello@woodstock-ga.gov. De-annexation of this property will result in an amendment to the City Limit boundaries thus amending the Charter of the City of Woodstock, Georgia
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Chip Rogers, who on oath deposes and says that he is the Senator from District 21 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Cherokee Tribune which is the official organ of Cherokee County on February 19, 2012, and that the notice requirements of Code Section 28-1-14 have been met.
s/ CHIP ROGERS Chip Rogers Senator, District 21

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Sworn to and subscribed before me, this 21st day of February 2012.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2015 (SEAL)

Approved April 12, 2012.

__________

CHEROKEE COUNTY HOMESTEAD EXEMPTION; COUNTY TAXES; HOST; REFERENDUM.

No. 561 (Senate Bill No. 514).

AN ACT

To provide a homestead exemption from Cherokee County ad valorem taxes for county purposes in an amount as determined from the proceeds generated from the collection of the retail homestead option sales and use tax 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) For the purposes of this Act, the terms used in this Act shall have the same meaning as such terms are defined in Article 2A of Chapter 8 of Title 48 of the O.C.G.A., the "Homestead Option Sales and Use Tax Act," as amended. (b) Each resident of Cherokee County is granted an additional exemption on that person's homestead from all Cherokee County ad valorem taxes for county purposes in an amount authorized by and calculated pursuant to Article 2A of Chapter 8 of Title 48 of the O.C.G.A., as amended, for the immediately preceding taxable year as determined by the tax commissioner of Cherokee County. This homestead exemption shall commence on January 1 of the year immediately following the first complete calendar year in which the sales and use tax was levied under Article 2A of Chapter 8 of Title 48 of the O.C.G.A., as amended. The value of that property in excess of such exempted amount shall remain subject to taxation.

GEORGIA LAWS 2012 SESSION

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(c) The tax commissioner of Cherokee County shall provide application forms for the exemption granted by subsection (b) of this section and shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for such exemption. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year as long as the person granted the homestead exemption under subsection (b) of this section occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the tax commissioner of Cherokee County in the event that person for any reason becomes ineligible for such exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect any state ad valorem taxes, county or independent school district ad valorem taxes for educational purposes, or municipal ad valorem taxes for municipal purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to Cherokee County ad valorem taxes for county purposes. (f) The exemption granted by subsection (b) of this section shall only become effective if the electors of the special district, the boundary of which is conterminous with Cherokee County, approve the imposition of a local option sales and use tax pursuant to Article 2A of Chapter 8 of Title 48 of the O.C.G.A., as amended, at a special election conducted on the same date as the election provided for under Section 2 of this Act. (g) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1 of the year specified by subsection (b) of this section.

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Cherokee County shall call and conduct a special election as provided in this section for the purpose of submitting this Act to the electors of Cherokee County for approval or rejection. The election superintendent shall conduct that special election 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 election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Cherokee County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act be approved which provides a homestead exemption from Cherokee County ad valorem taxes for county purposes of up to 100 percent as determined from the proceeds generated from the collection of a retail homestead option sales and use tax for residents of Cherokee County?"

5408

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 immediately and shall be applicable to all taxable years specified by subsection (b) of Section 1 of this Act. If the Act is not so approved, if the election is not conducted as provided in this section, or if the condition specified in subsection (f) of Section 1 of this Act is not met, 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 Cherokee County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

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

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2012 session of the General Assembly of Georgia a bill to provide a homestead exemption from Cherokee County ad valorem taxes for county purposes in an amount as determined from the proceeds generated from the collection of the retail homestead option sales and use tax for residents of that county; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Chip Rogers, who on oath deposes and says that he is the Senator from District 21 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Cherokee Tribune which is the official organ of Cherokee County on February 22, 2012, and that the notice requirements of Code Section 28-1-14 have been met.
s/ CHIP ROGERS Chip Rogers Senator, District 21

GEORGIA LAWS 2012 SESSION
Sworn to and subscribed before me, this 29th day of February 2012.

5409

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2015 (SEAL)

Approved April 12, 2012.

__________

TROUP COUNTY BOARD OF ELECTIONS AND REGISTRATION; CREATION.

No. 562 (Senate Bill No. 520).

AN ACT

To create a board of elections and registration for Troup 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 ability to perform 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 authorization contained in subsection (b) of Code Section 21-2-40 of the O.C.G.A., there is created a Troup County Board of Elections and Registration, hereinafter referred to as "the board." The board is empowered with the powers and duties of the judge of the probate court/election superintendent of Troup 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 Troup County under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."

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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 "commissioners" means the Board of Commissioners of Troup County and "county" means Troup County.

SECTION 3. (a) The Troup County Board of Elections and Registration shall comprise seven members to be appointed as follows: One member shall be appointed for a term of one year by the governing authority of the City of West Point (hereafter "West Point"); one member shall be appointed for a term of one year by the governing authority of the City of Hogansville (hereafter "Hogansville"); one member shall be appointed for a term of two years by the governing authority of the City of LaGrange (hereafter "LaGrange"); one member shall be appointed for a term of two years by the chairman of the county executive committee of the political party whose candidates received the largest number of votes in this state for members of the General Assembly at the last preceding general election; one member shall be appointed for a term of three years by the chairman of the county executive committee of the political party whose candidates received the second largest number of votes in this state for members of the General Assembly at the last preceding general election; and two members shall be appointed for a term of three years by the governing authority of Troup County. Such appointments by the chairmen shall be approved by a majority of the members of the respective county executive committees of those political parties voting at a meeting duly called and held for that purpose prior to the appointment; however, in the event that the members of such executive committees shall fail to elect any such board member within 90 days prior to January 1, 2013, or thereafter within 90 days prior to the expiration of the term of the predecessor in office, such members shall be appointed by the governing authority of Troup County. Should the governing authorities of West Point, Hogansville, and LaGrange fail to elect any such board member within 90 days prior to January 1, 2013, or thereafter within 90 days prior to the expiration of the term of the predecessor in office, such members shall be appointed by the governing authority of Troup County. The terms of the seven initial members shall begin January 1, 2013. Successors to the initial members of the board shall take office on the first day of January following their appointment and shall serve for terms of three years and until their successors are appointed and qualified. (b) Upon the appointment of a member, the chairman of the county executive committee of the political party or the governing authority, as the case may be, shall file an affidavit with the clerk of Superior Court of Troup County, no later than 15 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 by majority vote of the county executive committee as provided in this Act. The clerk of superior court shall record each of such certifications on the minutes of the court and shall certify the name of each such

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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. (c) One of the members appointed by, and designated as such 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. (d) Five members of the Troup County Board of Elections and Registration shall constitute a quorum of the board. Any action to be taken by the board shall be approved by the affirmative vote of a majority of those present and voting. (e) The judge of the Probate Court of Troup County shall call the first meeting of the board in January, 2013. Thereafter, the board shall meet on the call of the chairman. Each member shall be given at least 48 hours' notice prior to each meeting of the board.

SECTION 4. There shall be an election supervisor who shall generally supervise, direct, and control the administration of the affairs of the board pursuant to law and duly adopted resolutions of the board. The election supervisor shall provide daily employee supervision, serve as staff support for the board, attend all meetings of the board, and carry out the duties of voter registration and elections as required by law. The election supervisor shall not be eligible to serve as a member of the board. The appointment of the election supervisor shall be made by the board of commissioners, which will consider the recommendation of the board of elections and registration, and establish the compensation for the position. The election supervisor shall be deemed a county department head subject to direction, evaluation, and corrective action by the county manager and shall be an at-will, full-time employee of Troup County subject to county personnel policy in regard to pay, benefits, sick leave, vacation, termination of employment, and other purposes.

SECTION 5. (a) Any registered voter and resident of Troup County for a period of at least one year prior to the date of appointment to the board shall be eligible for membership except that no person who holds any federal, state, or local elective public office shall be eligible during the term of such elective office and the position of any member shall be deemed vacant upon such member's qualifying as a candidate for elective public office. (b) Each member of the board of elections and registration shall take substantially the same oath as required by law for registrars before entering upon his or her duties. Each member shall have the same privileges from arrest provided by law for registrars. (c) Each member of the board shall be eligible to be reappointed to succeed such member. (d) Each member of the board shall have the right to resign at any time by giving written notice of such resignation to the respective appointing authority and to the clerk of superior court.

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SECTION 6. (a) In the event a vacancy occurs in the office of any appointed member of the board before the expiration of his or her term, whether by removal, death, resignation, or otherwise, the respective appointing authority shall, within 90 days following such vacancy, appoint a successor to serve the remainder of the unexpired term. The clerk of superior court shall be notified of interim appointments or elections and record and certify such appointments or elections in the same manner as the regular appointment of members. (b) In the event that West Point, Hogansville, LaGrange, or the chairman of either of the county executive committees of the political parties shall fail to make an interim appointment within the time specified in subsection (a) of this section, the county governing authority shall make such appointment. (c) All members of the board shall be subject to removal from the board at any time for cause after notice and hearing, in the same manner and by the same authority as provided for removal of registrars.

SECTION 7. (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 Troup County Board of Elections and Registration or at the place of meeting of the commissioners. Any specially called meetings held pursuant to the bylaws adopted by the board shall be held only after notification of the time and place of the holding of such special meeting has been communicated in writing to the election supervisor to provide public notice of the meeting as required by law. All meetings of whatever kind of the board shall be conducted pursuant to Chapter 14 of Title 50 of the O.C.G.A. (b) The board shall maintain a written record of policy decisions amended to include additions or deletions. Such written records shall be made available for the public to review pursuant to Article 4 of Chapter 18 of Title 50 of the O.C.G.A.

SECTION 8. Compensation for the members of the board shall be fixed by the Board of Commissioners of Troup County. In addition thereto, they shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties. All amounts payable under this section shall be paid from the funds of Troup County.

SECTION 9. (a) The election supervisor may employ, subject to funding by the Troup County Board of Commissioners and approval by the county manager, additional personnel, including clerical assistants and poll workers, as needed to efficiently carry out the duties and functions of the board on either an independent contract basis or as county employees. The compensation of all such independent contractors or county employees shall be established by the board of commissioners and any such personnel who are not independent contractors shall be at-will

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employees of the board of commissioners and subject to county personnel policy in regard to pay, benefits, sick leave, vacation, termination of employment, and other purposes. (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. (c) 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. (d) This section shall not be construed so as to require the board of commissioners or the board of elections and registration to expend any funds simply because they are authorized to do so under this Act.

SECTION 10. (a) The Troup County Board of Elections and Registration shall be empowered with all the powers and duties relating to the conduct of elections as election superintendents pursuant to the provisions of Title 21 of the O.C.G.A. 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. (b) The Troup County Board of Elections and Registration is empowered with all the powers and duties relating to the registration of voters and absentee balloting procedures as boards of registrars pursuant to the provisions of Title 21 of the O.C.G.A. (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 the purpose.

SECTION 11. The board shall have the authority to contract with any municipality or governmental authority located within the county for the holding by the board of any primary or election to be conducted within the 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 board. Any such contract shall be approved and ratified by the board of commissioners.

SECTION 12. The Board of Commissioners of Troup 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,

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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 13. (a) The provisions of this Act which are necessary for the appointment of the members of the Troup County Board of Elections and Registration who will take office January 1, 2013, shall be effective upon the approval of the Governor or upon the date which this Act becomes law without his approval and this Act shall become effective for all purposes on January 1, 2013. Upon this Act becoming fully effective, the superintendent of elections of Troup County and the board of registrars of Troup 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 Troup County and its offices and employment positions shall be abolished. (b) Nothing contained herein is intended to prevent the appointment of members of the board, the hiring of an election supervisor, the hiring of clerical staff, or any necessary training for the members of the board, the election supervisor, and clerical assistants.

SECTION 14. All laws and parts of laws in conflict with this Act are repealed.

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2012 session of the General Assembly of Georgia a bill to create a board of elections and registration in Troup County; to provide for all related matters; and for other purposes.
This 17th day of February, 2012
/s/ Joshua McKoon Joshua McKoon Senator, District 29
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Josh McKoon, who on oath deposes and says that he is the Senator from District 29 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the LaGrange Daily News which is the official organ of Troup

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County on February 20, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

s/ JOSH MCKOON Josh McKoon Senator, District 29

Sworn to and subscribed before me, this 27th day of February 2012.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires Aug. 14, 2015 (SEAL)

Approved April 12, 2012.

__________

WALKER COUNTY COMMISSIONER; MODERNIZE, UPDATE, AND REVISE PROVISIONS RELATING TO ELECTIONS, RUNOFFS, EXPENSES, COUNTY ATTORNEY, FINANCIAL STATEMENTS, COMPETITIVE BIDDING, AUDITS, ROAD MAINTENANCE, AND OVERSIGHT; RATIFICATION OF CONTRACTS.

No. 563 (Senate Bill No. 525).

AN ACT

To amend an Act to create the office of Commissioner of Roads and Revenues for the County of Walker, approved February 10, 1939 (Ga. L. 1939, p. 751), as amended, so as to modernize, update, and revise such Act; to eliminate archaic language; to revise provisions relating to elections, runoffs, expenses, county attorney, financial statements, competitive bidding, audits, road maintenance, and oversight; to provide for the ratification of certain contracts; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. An Act to create the office of Commissioner of Roads and Revenues for the County of Walker, approved February 10, 1939 (Ga. L. 1939, p. 751), as amended, is amended by revising Section 4 as follows:

"SECTION 4. Election returns.

The managers of elections held under this Act shall consolidate the returns of such elections as provided by law for general elections held in the county and certify the results to the Board of Elections of Walker County, Georgia; and the one receiving the majority of the votes cast in the election for commissioner shall be commissioned by the Governor of the State of Georgia as commissioner. However, if no candidate receives a majority of the votes cast for such office, a run-off election shall be held as provided by state law."

SECTION 2. Said Act is further amended by revising Section 5 as follows:

"SECTION 5. Run-off election.

The only eligible candidates for a run-off election, as provided in Section 4 of this Act, shall be the candidates receiving the two highest numbers of votes cast for such office in the general election."

SECTION 3. Said Act is further amended by revising Section 6 as follows:

"SECTION 6. Election expenses.

All expenses incurred in elections, as provided in Sections 4 and 5 of this Act, shall be borne by Walker County and paid from the treasury or depository of such county."

SECTION 4. Said Act is further amended by revising Section 10 as follows:

"SECTION 10. Expense allowance.

Reserved."

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SECTION 5. Said Act is further amended by revising Section 12A as follows:

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"SECTION 12A. Financial statement.

Reserved."

SECTION 6. Said Act is further amended by revising Section 13 as follows:

"SECTION 13. County attorney.

The commissioner shall have all authority as provided by state law to employ and compensate a county attorney."

SECTION 7. Said Act is further amended by revising Section 17 as follows:

"SECTION 17. Financial statement.

The commissioner, at the end of each quarter, shall make up an itemized statement showing all amounts collected and expended on behalf of the county during that quarter. Such statement shall show the balance of cash on hand at the beginning of the quarter and at the end of the quarter and such outstanding obligations as the commissioner or his or her predecessor in office shall have made. Such statement shall be published on the county's official website."

SECTION 8. Said Act is further amended by revising Section 20 as follows:

"SECTION 20. Competitive bidding generally.

All laws of the state relating to competitive bidding shall be strictly observed."

SECTION 9. Said Act is further amended by revising Section 24 as follows:

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"SECTION 24. Roads in municipalities - Maintenance.

Reserved."

SECTION 10. Said Act is further amended by revising Section 27 as follows:

"SECTION 27. Audits.

The county shall be audited each year according to the provisions of state law."

SECTION 11. Said Act is further amended by revising Section 28 as follows:

"SECTION 28. Removal of commissioner.

It shall be the duty of the grand jury of Walker County, Georgia, to inquire into the acts of the commissioner; and, if any grand jury of Walker County, Georgia, shall find by majority vote thereof that the commissioner has violated state law and has wrongfully or fraudulently conducted the affairs of his or her office, such grand jury so finding shall take the appropriate actions according to state law."

SECTION 13. All contracts entered into by the Commissioner of Walker County that are in existence on the effective date of this Act are ratified and shall continue in force and effect according to their terms.

SECTION 14. All laws and parts of laws in conflict with this Act are repealed.

INTENT TO INTRODUCE LOCAL LEGISLATION
Notice is hereby given that a bill will be introduced in the 2012 regular session of the Georgia General Assembly to amend, restate, revise, and modernize laws relating to Walker County Government, and for other purposes.

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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 Walker County Messenger which is the official organ of Walker County on February 22, 2012, 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 5th day of March 2012.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2015 (SEAL)

Approved April 12, 2012.

__________

CITY OF MANSFIELD NEW CHARTER.

No. 564 (Senate Bill No. 530).

AN ACT

To provide a new charter for the City of Mansfield; 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 thereof; to provide for practices and procedures; to

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provide for taxation and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for the sale of property; to provide for bonds for officials; to provide for eminent domain; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal a specific Act; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

ARTICLE I INCORPORATION AND POWERS
SECTION 1.10. Incorporation; name.

This city, and the inhabitants thereof, are hereby reincorporated by the enactment of this charter and are hereby constituted and declared a body politic and corporate under the name of the "City of Mansfield" 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 of the corporate limits of the City of Mansfield, 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 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.

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(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) 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. (b) 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. (c) 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. (d) 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; (e) 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 after due process for failure to pay any city taxes or fees. (f) 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. (g) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms and corporations. (h) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or without the city, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health or well-being of the citizens of the city. (i) Environmental Protection. To protect and preserve the natural resources, environment and vital areas of the 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

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management of solid and hazardous waste, and other necessary actions for the protection of the environment; (j) Fire Regulations. To fix and establish fire limits and from time to time to extend, enlarge or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof. (k) Garbage Fees. To levy, fix, assess, and collect a garbage, refuse and trash collection and disposal, and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firm, and corporations residing in or doing business therein benefitting from such services; to enforce the payment of such charges, taxes or fees; and to provide for the manner and method of collecting such service charges. (l) 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. (m) Gifts. To accept or refuse gifts, donations, bequests or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or granter may impose. (n) Health and Sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards. (o) Jail Sentences. To provide that persons given jail sentences in the city court may work out such sentences in any public works or on the streets, roads, drains and squares in the city, to provide for commitment of such persons to any jail, or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials. (p) 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. (q) 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. (r) 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. (s) 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. (t) 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.

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(u) 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, 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 city; and to provide utility services to persons, firms and corporations inside and outside the corporate limits of the city as provided by ordinance. (v) Nuisance. To define a nuisance and provide for its abatement whether on public or private property. (w) 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. (x) 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. (y) Police and Fire Protection. To exercise the power of arrest through duly appointed policemen, and to establish, operate, or contract for a police and a fire fighting agency. (z) 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. (aa) 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; and to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted. (bb) Public Peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances. (cc) Public Transportation. To organize and operate such public transportation systems as are deemed beneficial. (dd) 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. (ee) Regulation of Roadside Areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads

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or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances. (ff) Retirement. To provide and maintain a retirement plan for officers and employees of the city. (gg) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to negotiate and execute leases over, through, under or across any city property or the right-of-way of any street, road, alley, 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; and to grant franchises and rights-of-way throughout the streets and roads, and over the bridges and viaducts for the use of public utilities and for private use; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands, and to impose penalties for failure to do so. (hh) 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 plan 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. (ii) 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. (jj) Special Areas of Public Regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage and use of combustible, explosive and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate or prohibit professional fortune telling, palmistry, adult bookstores, and massage parlors. (kk) Special Assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements. (ll) Taxes: Ad Valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation.

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(mm) Taxes: Other. To levy and collect such other taxes as may be allowed now or in the future by law. (nn) 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. (oo) Urban Redevelopment. To organize and operate an urban redevelopment program. (pp) Other Powers. To exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting 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 council members. The city council established shall in all respects be a successor to and continuation of the governing authority under prior law. The mayor and council members shall be elected in the manner provided by general law and this charter.

SECTION 2.11. City Council Terms and Qualifications for Office.

The members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or council

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member unless he shall have been a resident of the city for 24 months prior to the date of election of the 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.

SECTION 2.12. Vacancy; Filling of Vacancies; Suspensions.

(a) Vacancies. The office of mayor or council member shall become vacant upon the occurrence of 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 council member shall be filled for the remainder of the unexpired term, if any, by appointment 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 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. (c) Upon the suspension from office of mayor or council member 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 Section 2.12.b of this section.

SECTION 2.13. Compensation and Expenses.

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

SECTION 2.14. Conflicts of Interest; Holding Other Offices.

(a) 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 of any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction, or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his official duties or which would tend to impair the independence of his judgment or action in the performance of his official duties;

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(2) Engage in or accept private employment, or render services for private interests when such employment or service is incompatible with the proper discharge of his official duties or would tend to impair the independence of his judgment or action in the performance of his official duties; (3) Disclose confidential information, including information obtained at meetings which are closed pursuant to Title 50, Chapter 14 of the Official Code of Georgia Annotated, concerning the property, government, or affairs of the governmental body by which the official is engaged without proper legal authorization; or use such information to advance the financial or other private interest of himself or others; (4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm or corporation which 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; and (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which the official has financial interest. (c) Disclosure. Any elected official, appointed officer, or employee who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the city council. The mayor or any council member who has a private interest in the matter pending before the city council shall disclose such private interest and such disclosure shall be entered on the records of the city council, and the official shall disqualify himself/herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity. (d) Use of Public Property. No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (e) Contracts Voidable and Rescindable. Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render 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 council member shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which the official was elected.

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(g) Political Activities of Certain Officers and Employees. No appointive officer and no employee of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. (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 his office or position. (2) Any officer or employee of the city who shall forfeit an office or position as described in paragraph (1) above, shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter.

SECTION 2.15. Inquiries and Investigations.

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

SECTION 2.16. General Power and Authority of the City Council.

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

SECTION 2.17. Eminent Domain.

The city council is hereby empowered to acquire, construct, operate and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities, and any other public improvements inside or outside the city, and to regulate the use thereof, and for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future.

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SECTION 2.18. Organizational Meeting.

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The city council shall hold an organizational meeting following the adjournment of the regular council meeting in December following an election. The meeting shall be called to order by the city clerk and the oath of office shall be administered to the newly elected members as follows:
"I do solemnly (swear) (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." Newly elected members' terms shall not begin until January 1 following the organizational meeting and they shall hold office until the thirty-first day of December of the year in which their successors are elected.

SECTION 2.19. Regular and Special Meetings.

(a) The city council shall hold regular meetings at such times and places as prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or three members of the city council. Notice of such special 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 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 city council shall be public to the extent required by law and notice to the public of special meetings shall be made fully as is reasonably possible as provided by Section 50-14-1 of the Official Code of Georgia Annotated, or other such applicable laws as are or may hereafter be enacted.

SECTION 2.20. Rules of Procedure.

(a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings, which shall be a public record. (b) All committees and committee chairmen and officers of the city council shall be appointed by the mayor, with the advice and consent of the council, and shall serve at his/her

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pleasure. The mayor shall have the power to appoint new members to any committee at any time, with the advice and consent of the council.

SECTION 2.21. Quorum: Voting.

(a) Three council members shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of a majority of council members present shall be required for the adoption of any ordinance, resolution, or motion. An abstention shall be counted as a negative vote. (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 council member 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 should be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "The Council of the City of Mansfield hereby ordains . . ." and every ordinance shall so begin. (b) An ordinance may be introduced by any council member and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each council member and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate.

SECTION 2.23. Action Requiring An Ordinance.

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

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SECTION 2.24. Emergencies.

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(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 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 reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. (b) Such meetings shall be open to the public to the extent required by law and notice to the public of emergency meetings shall be made as fully as is reasonably possible in accordance with Section 50-14-1 of 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) for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.26. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for inspection by the public.

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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 Mansfield, 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 the reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.

SECTION 2.27. Election of Mayor; Forfeiture; Compensation.

The mayor shall be elected and serve for a term of four years and until his/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 24 months immediately preceding his/her election. The mayor shall continue to reside in this city during the period of his/her service. The mayor shall forfeit his/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.

SECTION 2.28. Chief Executive Officer.

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

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SECTION 2.29. Powers and Duties of Mayor.

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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, for cause, with confirmation of appointment or removal by the council, all officers, department heads, and employees of the city except as otherwise provided in this charter; (c) Exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities; (d) Prepare and submit to the council a recommended annual operating budget and recommended capital budget; (e) Submit to the 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; (f) Preside over all meetings of the city council; (g) Call special meetings of the city council as provided for in Section 2.19; (h) 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; (i) Recommend to the city council such measures relative to the affairs of the city improvement of the government, and promotion of the welfare of its inhabitants as he may deem expedient; (j) Approve or disapprove ordinances as provided in Section 2.31; (k) Require any department or agency of the city to submit written reports whenever he/she deems it expedient; (l) 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 (m) Perform such other duties as may be required by general state law, this charter, or ordinance.

SECTION 2.30. 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 calendar days of receipt of an ordinance, return it to the clerk with or without his/her approval, or with his/her disapproval. If the ordinance has been approved by the mayor, it shall become law upon its return to the clerk; if the ordinance is neither approved nor disapproved, it shall become law at twelve o'clock noon on the tenth calendar day after its adoption; if the ordinance is disapproved, the mayor shall submit to the city council through the clerk a written statement of his reasons for his/her veto. The clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor.

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(c) Ordinances vetoed by the mayor shall be presented by the clerk to the city council at its next meeting. If the city council then or at its next general meeting adopts the ordinance by an affirmative vote of the entire council members, it shall become law. (d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the city council over the mayor's veto as provided herein. The reduced part or parts shall be presented to the city council as though disapproved and shall become law unless overridden by the council as provided in subsection (c) above.

SECTION 2.31. Mayor Pro Tem; Selection; Duties.

By a majority vote, the city council shall elect a council member to serve as mayor pro tem. The mayor pro tem shall preside at all meetings of the city council and shall assume the duties and powers of the mayor upon mayor's disability 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 tem is disabled, absent or acting as mayor. Any such absence or disability shall be declared by majority vote of all council members. When serving as mayor, the mayor pro tem shall not also vote as a member of the council.

ARTICLE III. ADMINISTRATIVE AFFAIRS SECTION 3.10.
Administrative and Service Departments.

(a) Except as otherwise provided in this charter, the city council, by ordinance, shall prescribe the functions or duties, and establish, abolish 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 appointive officers and directors of departments shall receive such compensation as prescribed by ordinance. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor, be responsible for the administration and direction of the affairs and operations of his 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.

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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. (f) No member of a board, commission or authority shall assume office until he/she has executed and filed with the clerk of the city an oath obligating himself to faithfully and impartially perform the duties of his 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 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 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 who shall be a member of the State Bar of Georgia and shall provide for the payment of such attorney 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 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

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perform such other duties as may be required of him/her by virtue of his/her 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.

Section 3.13. City Clerk.

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

SECTION 3.14. City Treasurer.

The city council shall appoint a city treasurer, who shall not be a council member, who shall collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of this charter and the ordinances of the city and to enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes to the city. The city treasurer shall also be responsible for the general duties of a treasurer and fiscal officer.

SECTION 3.15. Personnel Policies.

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

The city council shall adopt policies or ordinances to provide for: (a) the method of employee selection, promotion and transfer; (b) hours of work, vacation, sick leave, and other leaves of absence, and overtime pay; and (c) other personnel policies.

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 Mansfield.

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SECTION 4.11. Chief Judge; Associate Judge.

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(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 he shall have attained the age of 21 years, shall be an active member in good standing 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 he/she will honestly and faithfully discharge the duties of his/her office to the best of his/her ability and without fear, favor or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.20.

SECTION 4.12. Convening.

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

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 90 days or both such fine and imprisonment or may fix punishment by fine, imprisonment or alternative sentencing as now, or hereafter provided by law. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation, and shall be entitled to reimbursement of the cost of meals, transportation, and care 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

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such time, and an execution 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 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 violations cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Newton 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.

GEORGIA LAWS 2012 SESSION
ARTICLE V. ELECTIONS AND REMOVAL SECTION 5.10.
Applicability of General Law.

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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.

SECTION 5.11. Election Districts.

The City of Mansfield shall consist of one election district with five numbered posts. Each person seeking election as a council member shall designate the post for which he/she seeks election.

SECTION 5.12. Election of the Mayor and City Council.

(a) There shall be a municipal general election biennially in the odd years on the Tuesday next following the first Monday in November. (b) There shall be elected the mayor and council members for posts 1 and 2 at one biennial election and council members for posts 3, 4, and 5 at the next biennial election. The purpose of this section is to provide a rotation system for the office of mayor and council members so that a continuing body is created. Terms shall be for four years and shall commence on January 1 following the November election.

SECTION 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.

SECTION 5.14. Election by Plurality.

The person receiving a plurality of the votes cast for any city office shall be elected. In the event of a tie, a run-off election shall be held and the candidate who receives the highest number of votes cast in the run-off election shall be elected.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 5.15. Special Elections; Vacancies.

In the event that the office of mayor or council member shall become vacant as provided in Section 2.12 of this charter, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within 12 months of the expiration of the term of that office, the city council or those remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with the Georgia Election Code, Chapter 2 of Title 21 of the Official Code of Georgia Annotated, as now or hereafter amended.

SECTION 5.16. 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 5.17. 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 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) By a vote of three council members after an investigative hearing. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the city council to the Superior Court of Newton 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 Newton County following a hearing on a complaint seeking such removal brought by any resident of the City of Mansfield.

GEORGIA LAWS 2012 SESSION
ARTICLE VI. FINANCE SECTION 6.10. Property Tax.

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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, professions or callings for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18.

SECTION 6.13. Regulatory Fees; Permits.

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

SECTION 6.14. Franchises.

(a) The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

companies, cable television, 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 him. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. (b) If no franchise agreement is in effect, the city council has the authority to impose a tax on gross receipts for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies and other similar organizations.

SECTION 6.15. Service Charges.

The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available within and without the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18.

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.

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 2012 SESSION
SECTION 6.18. Collection of Delinquent Taxes and Fees.

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The city council, by ordinance, may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi.fa.'s; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking city licenses for failure to pay any city taxes or fees; and providing for the assignment or transfer of tax executions.

SECTION 6.19. General 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 of each year, unless otherwise provided by law.

SECTION 6.22. Lease-Purchase Contracts

The city may enter into multi year lease, purchase or lease purchase contracts for the acquisition of goods, materials, real and personal property, services, and supplies provided the contract terminates without further obligation on the part of the municipality at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed. Contracts must be executed in accordance with the

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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.

SECTION 6.23. Fiscal Year.

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

SECTION 6.24. Preparation of Budgets.

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

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 comments and information as he may deem pertinent. The operating budget and the capital improvements budget hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.

SECTION 6.26. 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 December of each year. If the city council fails to adopt the budget by this

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date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.24. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise encumbered 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 appropriate 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, 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 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 budget with his/her recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The city council shall not authorize an expenditure for the constructing of any building, structure, work or improvement, unless the appropriations for such project are

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

included in the capital improvements budget, except to meet a public emergency as provided in Section 2.24. (b) The city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than December of each year. No appropriation provided for in a prior capital improvement 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 his/her recommendations. Any such amendments to the capital improvements 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 accounting principles. Any audit of any funds by the state or federal governments may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing costs to the public.

SECTION 6.31. 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 and reviewed by the city attorney, and as a matter of course, it is signed by him/her 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 journal of proceedings pursuant to Section 2.21.

SECTION 6.32. Centralized Purchasing.

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

SECTION 6.33. Sale 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.

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(b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending or widening any street, avenue, alley or public place of the city, a small parcel or tract of land is cut-off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to sell or 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 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 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. Pending Matters.

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

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 7.13. 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 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 to establish a new charter for the Town of Mansfield, approved March 24, 1988 incorporating the City of Mansfield (Ga. L. 1988, p. 4240), is hereby repealed in its entirety and all amendatory acts thereto are likewise repealed in their entirety.

SECTION 7.16. Effective Date.

This charter shall become effective July 1, 2012.

SECTION 7.17. General Repealer.

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

GEORGIA LAWS 2012 SESSION NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

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Notice is given that there will be introduced at the regular 2012 Session of the General Assembly of Georgia a bill to provide a new Charter for the City of Mansfield; and for other purposes.

Senator Rick Jeffares District 17

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rick Jeffares, who on oath deposes and says that he is the Senator from District 17 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Covington News which is the official organ of Newton County on March 4, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

s/ RICK JEFFARES Rick Jeffares Senator, District 17

Sworn to and subscribed before me, this 19th day of March 2012.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires Aug. 14, 2015 (SEAL)

Approved April 12, 2012.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
FLOYD COUNTY JUDGE OF PROBATE COURT AND CHIEF MAGISTRATE; NONPARTISAN ELECTION.

No. 565 (Senate Bill No. 533).

AN ACT

To provide for nonpartisan judicial elections in Floyd County; to provide that the judge of the Probate Court of Floyd County and the chief magistrate of Floyd County shall be elected in 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 Floyd County and for the chief magistrate of Floyd County 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 at the nonpartisan general elections immediately preceding the expiration of the term of office of such judge of the 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 Floyd County or the chief magistrate of Floyd County in office on the effective date of this Act. The sitting judge of the probate court and the sitting chief magistrate shall serve out the term 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 Floyd County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended.

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

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Notice is given that there will be introduced at the regular 2012 session of the General Assembly of Georgia a bill to provide for nonpartisan judicial elections in Floyd County; 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 Katie Dempsey District 13 March 3, 2012

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Barry Loudermilk, who on oath deposes and says that he is the Senator from District 52 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Rome News-Tribune which is the official organ of Floyd County on March 3, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

s/ BARRY LOUDERMILK Barry Loudermilk Senator, District 52

Sworn to and subscribed before me, this 19th day of March 2012.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2015 (SEAL)

Approved April 12, 2012.

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

No. 566 (Senate Bill No. 534).

AN ACT

To amend an Act incorporating the City of McDonough, approved April 16, 1981 (Ga. L. 1981, p. 3387), as amended, so as 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 the continuation in office of currently serving officers; 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 administrator, 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 an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act incorporating the City of McDonough, approved April 16, 1981 (Ga. L. 1981, p. 3387), as amended, is amended by repealing Articles I through VII and enacting new articles to read as follows:

GEORGIA LAWS 2012 SESSION
"ARTICLE I INCORPORATION AND POWERS
SECTION 1.10. Name.

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The City of McDonough, Georgia, in the County of Henry and the inhabitants thereof shall continue to be a body politic and corporate under the name and style of the City of McDonough, Georgia. Under the name said city shall continue to be vested with all of the property and rights of property which now belong to the corporation; shall have perpetual succession; may sue and be sued; may contract and be contracted with; may acquire and hold such property; real and personal, as may be devised, bequeathed, sold or in any manner conveyed or dedicated to or otherwise acquired by it, and from time to time may hold or invest, sell or dispose of the same; may have a common seal and alter and renew the same at will.

SECTION 1.11. Corporate boundaries.

(a) The boundaries of the city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The boundaries of the 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: 'Official Map of the corporate limits of the City of McDonough, 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 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 that it is designated to replace.

SECTION 1.12. Examples of powers.

The corporate powers of this city may include, but shall not be limited to, the following: (1) Property taxes. To levy and to provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (2) Other taxes. To levy and collect such other taxes as may be allowed now or in the future by state law; (3) 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

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for failure to pay any city taxes or fees; (4) Appropriations and expenditures. To make appropriations for the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (5) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (6) 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; (7) 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; (8) 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, under Titles 22 and 32 of the O.C.G.A., as amended, or under other applicable laws as are or may be enacted or amended; (9) Municipal utilities. To acquire, lease, construct, operate, maintain, sell and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties and withdrawal of service for refusal or failure to pay same and the manner in which such remedies shall be enforced; (10) Public utilities and services. To grant franchises or make contracts for public utilities and public services; 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 such regulations by the Georgia Public Service Commission; (11) 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, otherwise improve, maintain, repair, clean, prevent erosion of, and light 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; (12) 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

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institutions, agencies, and facilities; and any other public improvements, inside or outside the corporate limits of the city; and to regulate the use thereof, and for such purposes, property may be acquired by condemnation under Titles 22 and 32 of the O.C.G.A., as amended, or under other applicable laws as are or may be enacted or amended; (13) Sidewalk maintenance. To require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands; and to enact ordinances establishing the terms and conditions under which such repairs and maintenance shall be effected, including the penalties to be imposed for failure to do so; (14) Building regulation. To regulate 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, building, and building trades; to license the construction and erection of buildings and all other structures; (15) Planning and zoning. To provide such comprehensive city planning for development by zoning, subdivision regulation and the like as the mayor and city council deems necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community; (16) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (17) Special areas of public regulation. To regulate or prohibit junk dealers; pawn shops; the manufacture, sale or transportation of alcoholic beverages; 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 trades, theatrical performances, exhibitions, shows of any kind whatever, by taxation or otherwise; to license, tax, regulate, or prohibit professional fortune-telling, palmistry, adult bookstores, and massage parlors; (18) 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; (19) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (20) 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; (21) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict 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 violation thereof;

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(22) Public hazards, removal. To provide for the destruction and removal of any building or other structure which may or might become dangerous or detrimental to the public; (23) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; (24) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business 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; (25) 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 the users of sewers and the sewerage system a sewer service charge, fee, or sewer tax for the use of the sewers; and to provide for the manner and method of collecting such service charges, and for enforcing payment of same; to charge, impose, and collect a sewer connection fee or fees, and to charge the same from time to time; such fees to be levied on the users connecting with the sewerage system; (26) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (27) 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; (28) Jail sentences. To provide that persons given jail sentences in the city's court may work out such sentence 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 jail by agreement with the appropriate county officials; (29) Animal regulations. To regulate and license, or 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; also to provide for their disposition by sale, gift, or humane disposal, when not redeemed as provided by ordinance; to provide punishment for violation of ordinances enacted hereunder; (30) 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; (31) 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

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liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate and rent parking spaces in public ways for the use of such vehicles; (32) Pensions. To provide and maintain a system of pensions and retirement for officers and employees of the city; (33) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (34) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations providing for services to be made therefor; (35) City 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 same; (36) Penalties. To provide penalties for violations of any ordinance adopted pursuant to the authority of this charter and the laws of the State of Georgia; (37) Police and fire protection. To exercise the power of arrest through duly appointed policemen and to organize and operate a fire fighting agency; (38) 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; (39) Urban redevelopment. To organize and operate an urban redevelopment program; (40) Public transportation. To organize such public transportation systems as are deemed beneficial; (41) 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; (42) Cutting and removal of weeds, vegetable growth and debris. To require the owner, or his duly authorized agent, of any lot, tract, parcel of land or premises in the city to cut and remove from the same, any and all weeds, vegetable growth or debris thereon which might endanger the public health or safety; to provide notice to such owner, or the owner's duly authorized agent, that if the weeds or vegetable growth or debris are not cut or removed, the city may cut or remove the same and charge the expenses of the same to the said owner. The mayor and council shall have authority to enforce the collection of the charges for cutting or removing weeds or vegetable growth or debris when such charges are due and remain unpaid for a period of 30 days, by execution to be issued by the clerk against the owner or owners of the premises from which the weeds or vegetable growth or debris are cut or removed and such other persons as may be liable therefor. The said execution shall be a lien upon the said premises and, when recorded in the

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general execution docket of Henry County, Georgia, shall be a lien upon all of the property of the defendant in execution from the date of such record; and (43) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia. 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 may be exercised as provided by this charter. If this charter makes no provision, such may be exercised as provided by ordinance or as provided by pertinent state laws.

ARTICLE II GOVERNING BODY
SECTION 2.10. Creation; composition; number; election.

The governing authority of this city shall be composed of a mayor and six councilmembers who shall be elected in the manner provided by Article V of this charter. The mayor and councilmembers serving on the effective date of this charter shall continue to serve for the remainder of their terms and until their successors are duly elected and qualified.

SECTION 2.11. Terms and qualification for office.

Except as otherwise provided for their initial terms, the members of the governing body shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless he or she shall have been a resident of the city for a period of one year immediately prior to the date of the election of the mayor or members of the council and shall continue to reside therein

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during his or her period of service and shall be registered and qualified to vote in municipal elections of this city.

SECTION 2.12. Vacancy; filling of; forfeiture of office.

(a) The office of mayor or councilmember shall become vacant upon: (1) The incumbent's death; (2) Resignation when accepted; (3) Decision of a competent tribunal declaring the office vacant; (4) The incumbent ceasing to be a resident of the city or of the district for which he or she was elected; (5) Abandoning the office and ceasing to perform its duties or either; or (6) Forfeiture of office or removal from office in any manner authorized by this charter or the laws of the State of Georgia.
(b) A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, as provided for in Article V in this charter. (c) The mayor or any councilmember shall forfeit his or her office if he or she:
(1) Lacks at any time during his term of office any qualifications of the office as prescribed by this charter or the laws of the State of Georgia; (2) Willfully and knowingly violates any express prohibition of this charter; or (3) Is convicted of a crime involving moral turpitude.

SECTION 2.13. Compensation and expenses.

The salaries of the mayor and council shall be fixed by said mayor and council in January next following the city's election except as otherwise limited by the general laws of the State of Georgia. The mayor and councilmembers shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties.

SECTION 2.14. Prohibitions.

Except as authorized by law, neither the mayor nor any member of the council shall hold any other elective city office or city employment during the term for which he or she was elected, and neither the mayor nor any member of the council shall vote upon any question in which he or she is personally interested.

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SECTION 2.15. Code of ethics.

The mayor and council may enact by ordinance a code of ethics which shall apply to all elected officials, appointed officers and employees of this city.

SECTION 2.16. Inquiries and investigations.

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

SECTION 2.17. General power and authority
of the mayor and council.

(a) Except as otherwise provided by law or by this charter, the mayor and 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 mayor and council shall have the authority to adopt and provide for the creation 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, property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of this city. The mayor and council may enforce such ordinances by imposing penalties for the violation thereof. (c) The mayor and council may, by ordinances, create, change, alter, abolish, or consolidate offices, agencies and departments of the city and may assign additional functions to any of the offices, agencies and departments expressly provided for by this charter.

SECTION 2.18. Chief executive officer.

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

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SECTION 2.19. Powers and duties of mayor.

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As the chief executive of this city the mayor: (1) Shall see that all laws and ordinances of the city are faithfully executed; (2) Shall preside at all meetings of the mayor and council; (3) Reserved; (4) Shall exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities; (5) Reserved; (6) Reserved; (7) May recommend to the council such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as he may deem expedient; (8) May call special meetings of the council as provided for in Section 2.22(b); (9) May examine and audit all accounts of the city; (10) May require any department or agency of the city to submit written reports whenever he or she deems it expedient; and (11) Shall perform other duties as may be required by general state law, this charter or ordinance.

SECTION 2.20. Mayor pro tem; selection; duties.

Following any induction of new members, the mayor and council shall elect by majority vote from among its members a mayor pro tem who shall assume the duties and powers of the mayor upon the mayor's disability or absence. The mayor pro tem shall serve for a term of one year and until his or her successor is elected and qualified. The mayor and council shall elect an acting mayor pro tem from among its members for any period in which the mayor pro tem is disabled, absent, or acting as mayor. Any such absence, action, or disability shall be declared by majority vote of all members of the mayor and council.

SECTION 2.21. Organization meeting.

The mayor and council shall meet for organization on the first scheduled meeting in January next following the city election. The meeting shall be called to order and the oath of office shall be administered to the newly elected members as follows:
'I do solemnly swear that I will well and truly perform the duties of (mayor or councilmember as the case may be) of this city and that I will support and defend the

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charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America.'

SECTION 2.22. Regular and special meetings.

(a) The mayor and council shall hold regular meetings at such times and places as prescribed by ordinance. The mayor and council may recess any regular meeting and continue such meeting on any weekday or hour it may fix and may transact any business at such continued meeting as may be transacted at any regular meeting. (b) Special meetings of the mayor and council may be held on call of the mayor or two members of the council. Notice of such special meetings shall be served on all other members personally, or by telephone, or shall be left at their residence in advance of the meeting. Such notice shall not be required if the mayor and all councilmembers are present when the special meeting is called. Notice of any special meeting may be waived in writing before or after such meeting and attendance at the meeting shall constitute a waiver of notice of any special meeting. Only the business stated in the call may be transacted at the special meeting except by unanimous consent of all members present. With such consent, any business which may be transacted at a regular meeting may be conducted at the special meeting. (c) All meetings of the mayor and council shall be public to the extent required by general state law.

SECTION 2.23. Rules of procedure.

The mayor and 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.

SECTION 2.24. Quorum; voting.

(a) For transaction of all business, except as otherwise provided in this charter, the mayor and three councilmembers shall constitute a quorum. The vote of four councilmembers shall decide any question. Alternatively, the vote of three councilmembers and the mayor shall decide any question. (b) Voting on the adoption of ordinances shall be taken by voice or electronically. The ayes and nays shall be recorded in the minutes, but the mayor or any member of the council shall have the right to request a roll-call vote, except as otherwise provided in this charter.

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SECTION 2.25. Action requiring an ordinance.

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Acts of the mayor and council that have the force and effect of law shall be enacted by ordinance.

SECTION 2.26. 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 that is not expressed in its title. The enacting clause shall be 'It is hereby ordained by the governing authority of the City of McDonough' and every ordinance shall so begin. (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 mayor and council in accordance with the rules that it shall establish. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the mayor and council may designate.

SECTION 2.27. Codes of technical regulations.

The mayor and council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance.

SECTION 2.28. Signing; authenticating;
recording; printing.

(a) The city clerk may authenticate by his or her signature and record in full in a properly indexed book kept for the purpose all ordinances adopted by the mayor and council. Every ordinance may be signed by the mayor after adoption. (b) The mayor and council may cause each ordinance and each amendment to this charter to be printed promptly following its adoption. The ordinances and charter amendments may be printed in substantially the same style as the code currently in effect and may be suitable in form for incorporation therein. The mayor and council may make such further arrangements as deemed desirable with respect to reproduction and distributions of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.

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

(a) Except as otherwise provided in this charter, the mayor and council shall prescribe the functions or duties and establish, abolish, or alter all nonelective offices, positions of employment, departments and agencies of the city, as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or general state law, department heads and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications as shall be prescribed by the governing authority. (c) All appointive officers and department heads shall receive such compensation as prescribed by the mayor and council. (d) There may be a director of each department or agency who shall be its principal officer. Each director shall, subject to direction and supervision of the city administrator, be responsible for the administration and direction of the affairs and operations of his department or agency.

SECTION 3.11. Boards, commissions and authorities.

(a) The mayor and council shall create, by ordinance, such boards, commissions, and authorities to fulfill any investigative, quasi-judicial or quasi-legislative function the mayor and council deems necessary and shall, by ordinance, establish the composition, period of existence, duties and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the mayor and council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, term of office or manner of appointment is prescribed by this charter or general state law. (c) The mayor and council may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) 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 general state law. (e) Any member of a board, commission, or authority of the city may be removed from office for cause by a majority vote of the mayor and council. (f) Except as otherwise provided by this charter or by general state 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

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appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such by-laws, rules and regulations, not inconsistent with this charter, ordinances of the city, or general state law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs, copies of which shall be filed with the clerk of the city.

SECTION 3.12. City attorney.

The mayor and council may 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:
(1) Shall be responsible for representing and defending the city in all litigation in which the city is a party; (2) May be the prosecuting officer in the municipal court; (3) Shall attend the meetings of the mayor and council as directed; (4) Shall advise the council, mayor and other officers and employees of the city concerning legal aspects of the city's affairs; and (5) Shall perform such other duties as may be required of him by virtue of his position as city attorney.

SECTION 3.13. City clerk.

The mayor and council shall appoint a city clerk to keep a journal of the proceedings of the city council and to maintain in a safe place all records and documents pertaining to the affairs of the city and to perform such other duties as may be required by law or as the council may direct.

SECTION 3.14. Tax collector.

The mayor and council may appoint a tax collector to collect all taxes, licenses, fees and other moneys belonging to the city subject to the provisions of this charter and the ordinances of the city; and the tax collector shall diligently comply with and enforce all general laws of the State of Georgia relating to the collection, sale, or foreclosure of taxes by municipalities.

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SECTION 3.15. City accountant.

The mayor and council may appoint a city accountant to perform the duties of an accountant.

SECTION 3.16. Consolidation of functions.

The mayor and council may consolidate any two or more of the positions of city clerk, city tax collector and city accountant or any other positions or may assign the functions of any one or more of such positions to the holder or holders of any other positions.

SECTION 3.17. Position classification and pay plans.

The city administrator may be responsible for the preparation of a position classification and pay plan which shall be submitted to the mayor and council for approval. Said 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 salaries of individual employees except by amendment of said pay plan. For purposes of this section, all elected and appointed city officials are not city employees.

SECTION 3.18. Personnel policies.

The mayor and council may adopt rules and regulations consistent with this charter concerning:
(1) The method of employee selection and probationary periods of employment; (2) The administration of the position classification and pay plan, methods of promotion and application of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave and other leaves of absence, overtime pay, and the order and manner in which layoff shall be effected; (4) Such dismissal hearings as due process may require; and (5) Such other personnel policies as may be necessary to provide for adequate and systematic handling of personnel affairs.

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ARTICLE IV MUNICIPAL COURT
SECTION 4.10. Creation.

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There is hereby established a court to be known as the 'Municipal Court, City of McDonough' which shall have jurisdiction and authority to try offenses against the laws and ordinances of said city and to punish for a violation of the same. Such court shall have the power to enforce its judgments by the imposition of such penalties as may be provided by the laws of Georgia, to subpoena witnesses, to punish witnesses for nonattendance, and to try all offenses occurring within the territorial limits of the city, including traffic cases which under the laws of Georgia are now or hereafter placed within the jurisdiction of municipal or police courts to the extent of and in accordance with the provisions of such laws and all laws subsequently enacted amendatory thereof. The presiding officer of such court shall be known as the judge. The court shall be convened at such times as designated by ordinance or at such times as deemed necessary to keep current the dockets thereof.

SECTION 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 mayor and 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 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 mayor and council.

SECTION 4.12. Jurisdiction.

(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.

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

SECTION 4.13. Right of certiorari.

The right of certiorari to the superior court from the municipal court shall lie in the same manner and under the same procedure as prescribed for certiorari to the various justice courts of the state.

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SECTION 4.14. Vacancy in office.

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(a) In the event of absence, sickness, or disqualification of the judge or vacancy in such office, a judge pro tempore appointed by the mayor and council may preside over the municipal court and hear and try all cases therein, and in the performance of said office shall be clothed with the same powers and authority as are granted to the judge under this charter and the laws of the State of Georgia. The mayor and council are empowered to provide for the compensation of any such person appointed to preside over said court as herein provided. (b) Any person being considered for appointment as judge pro tempore must also meet the qualifications set out in Section 4.11 of this charter.

ARTICLE V ELECTIONS SECTION 5.10. Applicability of general law.

All elections, including special elections, shall be held and conducted in accordance with applicable provisions of Title 21 of the O.C.G.A., as now or hereafter amended, and any other applicable law.

SECTION 5.11. Election of mayor and council.

(a) There shall be a municipal general election biennially in the odd years on the Tuesday next following the first Monday in November. (b) There shall be elected the mayor, one at large councilmember, and councilmembers for Districts One and Two at one election and at every other regular election thereafter. The remaining three councilmember seats, consisting of one at large councilmember and councilmembers for Districts Three and Four, 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) The person receiving a plurality of the votes for any city office shall be elected.

SECTION 5.12. Special elections; vacancies.

In the event that the office of mayor or any councilmember shall become vacant for any cause whatsoever, the mayor and city council or those remaining shall order a special election to fill the balance of the unexpired term of such office; provided, however, if such

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vacancy occurs within 12 months of the expiration of the term of that office, the mayor and council or those remaining shall not be required to call an election to fill the vacancy.

SECTION 5.13. Nonpartisan elections.

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

SECTION 5.14. City council districts; adjustment of districts.

There shall be four city council districts. The election districts in effect on the effective date of this Act are incorporated by reference and shall remain in effect until lawfully amended.

SECTION 5.15. Grounds for removal.

The mayor, councilmembers, or others provided for in this charter shall be removed from office for any one or more of the following causes:
(1) Incompetence, misfeasance or malfeasance in office; (2) Conviction of a crime involving moral turpitude; (3) Failure at any time to possess any of the qualifications of office as provided by this charter or by law; (4) Knowingly violate any express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; or (6) Failure for any other cause to perform the duties of office as required by this charter or by state law.

SECTION 5.16. Procedure for removal.

Removal of an above described officer may be accomplished by one of the following methods:
(1) By majority vote of the mayor and council after an investigative hearing, the officer to be removed not voting if he is the mayor or a member of the council. In the event an elected officer is sought to be removed by the action of the mayor and 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

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have the right of appeal from the decision of the mayor and council to the Superior Court of Henry 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 Henry County as provided by state law.

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 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; 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 its discretion.

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

The mayor and council, by ordinance, shall establish a millage rate for the city property tax; a due date; and in what length of time these taxes must be paid. The mayor and council, by ordinance, may provide for the payment of these taxes by installments or in one lump sum, as well as to authorize the voluntary payment of taxes prior to the time when due. The tax rate 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 approximated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of the city.

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 applicable law. Such taxes may be levied on both individuals and corporations who transact business in this city or who practice or offer to practice any profession or calling therein to the extent such persons have a constitutionally sufficient nexus to this city to be so taxed. The mayor and council may classify businesses, occupations, professions or callings for the purpose of such taxation in any way which may be lawful and compel the payment of such taxes as provided in this article.

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SECTION 6.13. Licenses; permits; fees.

The mayor and council, by ordinance, shall have the power to require any individuals or corporations who transact business in this city or who practice or offer to practice any profession or calling therein to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or permit where such activities are not now regulated by general state law in such a way as to preclude city regulation. Such fees may reflect the total cost to the city of regulating the activity and if unpaid shall be collected as provided in this article for delinquent taxes and fees. The mayor and council, by ordinance, may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitates.

SECTION 6.14. Service charges.

The mayor and council, by ordinance, shall have the power to assess and collect fees, charges and tolls for sewer, sanitary, health services or any other services rendered within and without the corporate limits of the city for the total cost of the city of providing such services. If unpaid, such charges shall be collected as provided in this article for delinquent taxes and fees.

SECTION 6.15. Special assessments.

The mayor and council 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 and appurtenances, from the abutting property owners, under such terms and conditions as may be prescribed by ordinance. Such special assessments shall become delinquent 30 days after their due dates, shall thereupon be subject, in addition to fi. fa. charges, to a penalty of 10 percent, and shall thereafter be subject to interest at the rate or rates now or hereafter provided by the laws of the State of Georgia from the date due until paid. A lien shall exist against the abutting property superior to all other liens except that it shall be of equal dignity with liens for county and city property taxes. Said lien shall also be enforceable by the same procedures and under the same remedies as provided for in this article for city property taxes.

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SECTION 6.16. Construction; other taxes.

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This city shall be empowered to levy any other tax allowed now or hereafter by state law, including but not limited to the insurance premium tax at the maximum rate allowable by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs.

SECTION 6.17. Collection of delinquent taxes and fees.

The mayor and council, by ordinance, may provide generally for the collection of delinquent taxes, fees, or other revenue due the city by whatever reasonable means as are not precluded by general state 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; allowing exceptions for hardship; and providing for the assignment or transfer of tax executions.

SECTION 6.18. Transfer of executions.

The city clerk shall be authorized to assign or transfer any fi. fa. or execution issued for any tax or for any street, sewer or other assessment in the same manner and to the same extent as provided by Georgia law regarding sales and transfers of fi. fas. Such transfer or assignment, when made, shall vest the purchaser or transferee with all right, title and interest as provided by Georgia law governing sales and transfers of tax fi. fas.; provided, however, that upon levy of execution and sale of property pursuant to such tax fi. fa., whether assigned, transferred or executed by the city, the owner of such property in fee simple or lesser interest shall not lose his right to redeem the property in accordance with the requirements of redemption of property sold under state or county ad valorem tax fi. fas., as said requirements now exist or as may be hereinafter provided by law.

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 general laws of the state. Such bonding authority shall be exercised in accordance with the

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laws governing bond issuances by municipalities in effect at the time said issue is undertaken.

SECTION 6.20. Revenue bonds.

Revenue bonds may be issued by the mayor and council as provided by an act of the General Assembly of Georgia, approved March 31, 1937, known as the Revenue Bond Law (Ga. Laws 1937, page 761), as now or hereafter amended, or by any other Georgia law as now or hereafter provided.

SECTION 6.21. Short-term notes.

The city must obtain and repay any short-term loans between January 1 and December 31 of each year or as is otherwise provided by present or future state law.

SECTION 6.22. Fiscal year.

The mayor and council shall set the fiscal year by ordinance. The 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 general state or federal law.

SECTION 6.23. Preparation of budgets.

The mayor and council may provide an ordinance on the procedures and requirement for the preparation and execution of an annual operating budget capital improvement program, and a capital budget including requirements as to the scope, content, and form of such budgets and programs.

SECTION 6.24. Additional appropriations.

The mayor and council may make appropriations in addition to those contained in the current operating budget at any regular meeting or at any special meeting called for such purpose. Any such additional appropriations, however, may be made only from an existing unappropriated surplus in the fund to which it applies.

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SECTION 6.25. Capital improvements budget.

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(a) The city administrator may submit to the mayor and council a proposed capital improvements budget with his or her recommendation 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 threatening the lives, health or property of the city's inhabitants, provided that such authorization is passed by a majority vote of the mayor and council. (b) No appropriation provided for in the capital improvements budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, that the city administrator may submit amendments to the capital improvements budget, accompanied by his recommendations thereon, at any time during the fiscal year. Any such amendments to the capital improvements budget shall become effective only upon adoption by a vote of the mayor and council.

SECTION 6.26. Independent audit.

There shall be an annual, independent audit of all city accounts, funds, and financial transactions by a qualified public accountant selected by the mayor and council. The audit shall be conducted according to generally accepted governmental accounting principles. Any audit of any funds by the state or federal governments may be accepted as satisfying the requirements of this charter.

SECTION 6.27. 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 mayor and council and such approval is entered in the council minutes.

SECTION 6.28. Centralized purchasing.

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

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SECTION 6.29. Sale of city property.

The mayor and council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as provided by general state law, Chapter 37 of Title 36 of the O.C.G.A., or any other applicable laws.

ARTICLE VII GENERAL PROVISIONS
SECTION 7.10. Eminent domain.

The mayor and council are 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 taken under Titles 22 and 32 of the O.C.G.A., subject to such amendments as shall be enacted, or any other law applicable now or provided in the future.

SECTION 7.11. Franchises.

The mayor and 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, gas companies, transportation companies and other similar organizations. The mayor and council shall determine the duration, provisions, 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 15 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The mayor and council shall provide for the registration of all franchises with the city clerk in a registration book to be kept by him or her. The mayor and council may provide by ordinance for the registration within a reasonable time of all franchises previously granted.

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SECTION 7.12. Official bonds.

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The officers and employees of the city, both elective and appointive, shall execute such official 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 state law.

SECTION 7.13. Penalties.

The violation of any provisions of this charter, for which penalty is not specifically provided for herein, shall be punishable by a fine of not more than $1,000.00 or by imprisonment not to exceed six months or both such fine and imprisonment.

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 intended to be mandatory and the word 'may' is not. (c) The word 'city' shall mean the City of McDonough, Georgia. (d) The word 'council' shall mean the city council of this city. (e) The singular shall include the plural and the masculine the feminine and vice versa."

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.

STATE OF GEORGIA COUNTY OF HENRY
NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION
Notice is hereby given that the undersigned will introduce at the 2012 Session of the Georgia General Assembly an Act amending the Charter for the City of McDonough; and for other purposes.

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Steve Davis District 109 House of Representatives Georgia General Assembly

Andy Welch District 110 House of Representatives Georgia General Assembly

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rick Jeffares, who on oath deposes and says that he is the Senator from District 17 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Henry Daily Herald which is the official organ of Henry County on March 2, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

s/ RICK JEFFARES Rick Jeffares Senator, District 17

Sworn to and subscribed before me, this 19th day of March 2012.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires Aug. 14, 2015 (SEAL)

Approved April 12, 2012.

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CITY OF MCDONOUGH POWERS OF MAYOR; CITY ADMINISTRATOR; POWERS AND DUTIES; ACTING CITY ADMINISTRATOR; REMOVAL; EMERGENCIES; VACANCIES; REFERENDUM.

No. 567 (Senate Bill No. 537).

AN ACT

To amend an Act entitled "An Act to provide a new charter for the City of McDonough," enacted during the 2012 regular session of the General Assembly and printed in the 2012 Georgia Laws, so as to amend the powers of the mayor; to provide for a city administrator; to provide for powers and duties of the city administrator; to provide for an acting city administrator; to provide for emergencies; to provide for removal; to provide for vacancies; to provide for a referendum; to provide for a contingent effective date and automatic repeal; 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 McDonough," enacted during the 2012 regular session of the General Assembly and printed in the 2012 Georgia Laws, is amended by revising Section 2.18 as follows:

"SECTION 2.18. Chief executive officer.

The mayor shall be the chief executive of this city. He or she shall possess all of the executive powers granted to the city under the Constitution and State of Georgia, and all of the executive powers contained in this charter."

SECTION 2. Said Act is further amended by revising Section 2.19 as follows:

"SECTION 2.19. Powers and duties of mayor.

As the chief executive of this city the mayor: (1) Shall see that all laws and ordinances of the city are faithfully executed; (2) Shall preside at all meetings of the mayor and council;

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(3) May recommend to the council such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as he or she may deem expedient; (4) May examine and audit all accounts of the city; (5) May require any department or agency of the city to submit written reports whenever he or she deems it expedient; (6) Shall perform other duties as may be required by general state law, this charter, or ordinance; (7) Shall be the head of the city for the purpose of service of process and for ceremonial purposes and the official spokesperson for the city and the chief advocate of policy; (8) Shall have the power to administer oaths and to take affidavits; (9) Shall 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 (10) Shall vote on matters before the city council and be counted toward a quorum as any other councilmember."

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

"SECTION 3.19. City administrator.

(a) The mayor and council shall appoint a city administrator for an indefinite term and fix his or her compensation. The city administrator shall be appointed solely on the basis of education and experience in the accepted competencies and practices of local government management. (b) The city administrator shall serve as the mayor and city council's liaison with the city's employees. The administrator shall serve as the immediate supervisor for each of the city's department heads. In keeping with the city's organizational structure, requests or complaints between the city's employees and the mayor and city council shall be made through the administrator. (c) The city administrator shall be the chief administrative officer of the city, responsible to the mayor and council for the management of all city affairs placed in the administrator's charge by or under this charter. The city administrator shall:
(1) Appoint and suspend or remove all city employees and appointive administrative officers provided for by or under this charter, except as otherwise provided by law, this charter, or personnel rules adopted pursuant to this charter. The city administrator may authorize any administrative officer subject to the administrator's direction and supervision to exercise these powers with respect to subordinates in that officer's department, office, or agency;

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(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. The city administrator shall have the right to take part in discussion but shall not vote; (4) See that all laws, provisions of this charter, and acts of the mayor and council, subject to enforcement by the city administrator or by officers subject to the administrator's direction and supervision, are faithfully executed; (5) Prepare and submit the annual budget and capital program to the mayor and council, and implement the final budget approved by council to achieve the goals of the city; (6) Submit to the mayor and 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 mayor and council may require concerning operations; (8) Keep the mayor and council fully advised as to the financial condition and future needs of the city; (9) Make recommendations to the mayor and council concerning the affairs of the city and facilitate the work of the mayor and council in developing policy; (10) Provide staff support services for the mayor and councilmembers; (11) Assist the mayor and council to develop long-term goals for the city and strategies to implement these goals; (12) Encourage and provide staff support for regional and intergovernmental cooperation; (13) Promote partnerships among mayor and council; staff; and citizens in developing public policy and building a sense of community; and (14) Perform such other duties as are specified in this charter or may be required by the mayor and council. (d) By letter filed with the city clerk, the city administrator shall designate a city officer or employee to exercise the powers and perform the duties of city administrator during the administrator's temporary absence or disability; the mayor and council may revoke such designation at any time and appoint another officer of the city to serve until the city administrator returns. (e) In the event of an accident, disaster, or other emergency, the city administrator may make purchases or award contracts when necessary; provided, however, that he or she shall promptly notify the mayor and city council of the emergency, the course of action taken, and all expenditures incurred. (f) If the city administrator declines to resign at the request of the mayor and council, the mayor and council may suspend the administrator by a resolution approved by the majority vote of mayor and council. Such resolution shall set forth the reasons for suspension and proposed removal. A copy of such resolution shall be served immediately upon the city administrator. The city administrator shall have 15 days in which to reply thereto in writing, and upon request, shall be afforded a public hearing, which shall occur not earlier than ten days nor later than 15 days after such hearing is requested. After the public

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hearing, if one is requested, and after full consideration, the mayor and council, by a majority vote, may adopt a final resolution of removal. The city administrator shall continue to receive full salary until the effective date of a final resolution of removal. (g) Any vacancy in the office of the city administrator should be filled within 120 days following the effective date of such vacancy."

SECTION 4. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Henry County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of McDonough for approval or rejection. The election superintendent shall conduct that election on the Tuesday next following the first Monday in November, 2012, 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 Henry County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the charter of the City of McDonough be amended so as to transfer the existing administrative powers and duties of the mayor to the city administrator and provide for the powers and duties of the city administrator?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Sections 1 through 3 of this Act shall become of full force and effect on January 1, 2014. If the Act is not so approved or if the election is not conducted as provided in this section, Sections 1 through 3 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of McDonough. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

SECTION 5. Section 4 of this Act shall become effective upon its approval by the Governor only if an Act to provide a new charter for the City of McDonough is enacted during the 2012 regular session of the General Assembly and becomes law; otherwise, this Act shall be automatically repealed on the day following the last day provided for the Governor to approve of or veto legislation.

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

STATE OF GEORGIA COUNTY OF HENRY

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NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION

Notice is hereby given that the undersigned will introduce at the 2012 Session of the Georgia General Assembly an Act amending the Charter of the City of McDonough; and for other purposes.

Steve Davis District 109 House of Representatives Georgia General Assembly

Andy Welch District 110 House of Representatives Georgia General Assembly

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rick Jeffares, who on oath deposes and says that he is the Senator from District 17 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Henry Daily Herald which is the official organ of Henry County on March 2, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

s/ RICK JEFFARES Rick Jeffares Senator, District 17

Sworn to and subscribed before me, this 27th day of March 2012.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires Aug. 14, 2015 (SEAL)

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Approved April 12, 2012.

__________

ROCKDALE COUNTY BOARD OF ELECTIONS AND REGISTRATION; APPOINTMENT OF AT-LARGE MEMBER.

No. 569 (Senate Bill No. 462).

AN ACT

To amend an Act creating the Board of Elections and Registration of Rockdale County, approved March 29, 1995 (Ga. L. 1995, p. 3929), so as to revise procedures relating to appointment of the at-large member; 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 repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating the Board of Elections and Registration of Rockdale County, approved March 29, 1995 (Ga. L. 1995, p. 3929), is amended by revising Section 3 to read as follows:

"SECTION 3. Each subsequent board shall be composed of three members, each of whom shall be an elector and a resident of the county and who shall be selected in the following manner:
(1) One member shall be appointed by the chairperson of the county executive committee of the political party whose candidates at the last preceding regular general election held for the election of all members of the General Assembly received the largest number of votes in this state for members of the General Assembly; and one member shall be appointed by the chairperson of the county executive committee of the political party whose candidates received the next largest number of votes at such election; provided, however, each of the appointments shall have been ratified by a majority of the members of each of the respective executive committees voting at a regularly scheduled meeting of the executive committee or a meeting duly called and held for such purposes. In the event the appointments are not ratified by a majority of the members of the executive committees at least 45 days preceding the date on which such members are to take office, then the members of the respective executive committees may elect a member by a two-thirds' majority of the membership of the executive committees at a regularly scheduled meeting or at a meeting duly called and held for such purposes. In the event the members of such executive committees fail to elect such members at least 30 days

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preceding the date on which such members are to take office, then such members shall be appointed forthwith by the county governing authority. (2) The two members appointed pursuant to paragraph (1) of this section shall within 30 days, after both such members take office, appoint a third member. The third member so selected shall be deemed to be a member at large. Any appointment made under the provisions of this paragraph shall also be entered upon the minutes of the governing authority. In the event the two members appointed pursuant to paragraph (1) of this section fail to appoint such at-large member at least 30 days preceding the date on which such member is to take office, then such member shall be appointed by the chief judge of the Superior Court of Rockdale County; provided, however, that within two days of the expired period to appoint the at-large member, the two partisan board members may each submit to the chief judge of the Superior Court of Rockdale County a summary of qualifications of his or her preferred choice to fill the position."

SECTION 2. Said Act is further amended by revising Section 5 to read as follows:

"SECTION 5. Each appointed member of the board shall:
(1) Serve for a term of two years and until his or her successor is appointed and qualified, except in the event of resignation or removal as provided in this Act; (2) Be eligible to succeed himself or herself and shall have the right to resign at any time by giving written notice of resignation to the respective appointing or electing authority and to the clerk of the superior court; and (3) Be subject to removal from the board at any time, for cause after notice and hearing, in the same manner and by the same authority as is provided for the removal of registrars."

SECTION 3. Said Act is further amended by revising Section 6 to read as follows:

"SECTION 6. In the event a vacancy occurs in the office of any member before the expiration of such member's term by removal, death, resignation, or otherwise, the respective appointing or electing authority shall appoint or elect a successor to serve for the remainder of the unexpired term. The clerk of the superior court shall be notified of interim appointments or elections and record and certify such appointments or elections in the same manner as the regular appointment or election of members."

SECTION 4. Said Act is further amended by revising Section 7 to read as follows:

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"SECTION 7. In the event any appointing or electing authority fails to make an interim appointment to fill a vacancy within 60 days after the creation of such vacancy, the county governing authority shall appoint a member to fill such vacancy; provided, however, that the chief judge of the Superior Court of Rockdale County shall appoint a member to fill a vacancy in the at-large position. Within two days of the expired period to appoint a member to fill a vacancy in the at-large position, the two partisan board members may each submit to the judge a summary of qualifications of his or her preferred choice to fill such at-large position."

SECTION 5. Said Act is further amended by revising subsection (b) of Section 9 to read as follows:
"(b) Subsequent boards shall be composed of members who shall be appointed for terms of office of two years and until their successors are appointed and qualified in accordance with the provisions of Section 3 of this Act. The members of each subsequent board shall take office on the first day of July following their appointment."

SECTION 6. Said Act is further amended by revising subsection (a) of Section 15 to read as follows:
"(a) The board shall fix and establish, by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. The board shall hold regular monthly meetings at a place in Rockdale County as designated by the board. Any specially called meeting held pursuant to the bylaws adopted by the board shall be held only after written notification of the time and place of the holding of such meeting has been communicated in writing to the person designated by the county governing authority to provide public information."

SECTION 7. The governing authority of Rockdale 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, 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 8. All laws and parts of laws in conflict with this Act are repealed.

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2012 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Elections and Registration

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of Rockdale County, approved March 29, 1995 (Ga. L. 1995, p. 3929); and for other purposes.

Senator Rick Jeffares District 17

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rick Jeffares, who on oath deposes and says that he is the Senator from District 17 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Rockdale Citizen which is the official organ of Rockdale County on February 3, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

s/ RICK JEFFARES Rick Jeffares Senator, District 17

Sworn to and subscribed before me, this 8th day of February 2012.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2015 (SEAL)

Approved April 13, 2012.

__________

CITY OF AMERICUS MAYOR AND COUNCIL; DATE OF EXPIRATION OF TERMS OF OFFICE; TAKING OF OFFICE AND OATHS; MEETING TO ESTABLISH COUNCIL BUSINESS; QUORUM; PRESIDIING OFFICERS.

No. 570 (Senate Bill No. 515).

AN ACT

To amend an Act providing a new charter for the City of Americus, approved April 13, 1992 (Ga. L. 1992, p. 5985), as amended, so as to provide for a date of expiration of office for

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terms of councilmembers and the mayor; to provide for taking of office and swearing in of newly elected or reelected councilmembers and mayors; to provide for meetings for the establishment of council business; to provide for the administration of the oath of office; to provide for a quorum and presiding officers at meetings; to provide for applicability; 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 Americus, approved April 13, 1992 (Ga. L. 1992, p. 5985), as amended, is amended by revising subsection (a) of Section 2-102 as follows:
"(a) The members of the city council, including the mayor, shall serve for terms of four years and until their respective successors are elected and qualified. Notwithstanding the foregoing, the mayor and councilmembers shall be elected to serve for terms of such length specifically provided for in Article V, Section 5-102, of this charter. Terms of office for the mayor and members of the city council, as provided in this charter, shall expire on December 31 of each year unless the respective successors in office have not been duly elected and qualified."

SECTION 2. Said Act is further amended by revising Section 2-201 as follows:

"Section 2-201. Organizational meetings.

(a) The newly elected or reelected mayor and councilmembers shall take office at 12:01 A.M. on January 1 of the year following their elections. The newly elected or reelected mayor and councilmembers shall be sworn in during the last regularly scheduled December council meeting following their elections. (b) The oath of office shall be administered to the newly elected or reelected mayor and councilmembers by a duly elected or appointed judge authorized to hear and decide matters in Sumter County, Georgia. The oath of office shall be taken as follows:
'I do solemnly swear or affirm that I will faithfully preform 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.' (c) During the last regularly scheduled December council meeting of each year, the council shall establish the regular meeting dates and times for the ensuing calendar year, determine the legal organ for the city, and appoint various department positions that are required by this charter or by ordinance of the city."

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SECTION 3. Said Act is further amended by revising subsection (b) of Section 2-202 as follows:
"(b) The mayor and three members of the council or, in the absence of the mayor, four members of the council shall constitute a quorum for the transaction of business. In the event that neither the mayor nor the mayor pro tempore is present at a regular or special meeting of the council, then the councilmember present at the meeting who has the longest period of continuous service as a member of the council shall preside over such meeting."

SECTION 4. This Act shall not be applied to shorten or lengthen the current term of any person holding office on the date this Act becomes effective.

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 2012 Session of the Georgia General Assembly legislation to amend the City Charter of the City of Americus (Georgia Laws 1992, page 5985, as amended) to revise the date of expiration of Council member terms to December 31, to provide for the date that newly elected members of City Council take office to provide for the administration of an oath to the Mayor and City Council members; to eliminate the requirement for holding organizational meetings, to provide for a presiding officer of the City Council in the absence of the Mayor and the Mayor Pro Tem; to provide for repeal of conflicting Charter provisions, and for other purposes.
This, the 13th day of February 2012.
Mayor and City Council City of Americus, Georgia
00024236 02/26/12
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

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Sumter County on February 26, 2012, 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 27th day of February 2012.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires Aug. 14, 2015 (SEAL)

Approved April 13, 2012.

__________

GWINNETT COUNTY RECORDER'S COURT; APPOINTMENT OF JUDGES.

No. 571 (Senate Bill No. 523).

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, particularly by an Act approved March 5, 1987 (Ga. L. 1987, p. 3765), and an Act approved August 17, 2001 (Ga. L. 2001 Ex. Sess., p. 203), so as to provide for the appointment of the judges of such court; 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, particularly by an Act approved March 5, 1987 (Ga. L. 1987, p. 3765), and an Act approved August 17, 2001 (Ga. L. 2001 Ex. Sess., p. 203), is amended by deleting Section 5A and revising Section 5 as follows:

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"SECTION 5. (a) There shall be three judges of the recorder's court appointed by a majority vote of the judges of the State Court of Gwinnett County. Each judge appointed shall serve for a term of four years and until a successor is appointed and qualified. All vacancies occurring in such offices shall be filled in like manner, for the remainder of the unexpired term. (b) The judge of the recorder's court senior in length of continuous service as a recorder's court judge shall be chief judge. The chief judge shall be responsible for the administration and expeditious disposition of the business of the court and shall have power to make such rules as he or she shall deem necessary or proper for such purpose but not in conflict with the general laws of this state. The rules of the chief judge shall be binding on the other judges of the recorder's court. (c) The judges of the recorder's court serving on the effective date of this Act shall continue to serve for the remainder of their terms and until successors are duly 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 2012 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, so as to provide for the appointment of the judges of such court; to repeal conflicting laws; and for other purposes.
Senator Don Balfour District 9
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Don Balfour, who on oath deposes and says that he is the Senator from District 9 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily Post which is the official organ of Gwinnett County on February 24, 2012, and that the notice requirements of Code Section 28-1-14 have been met.
s/ DON BALFOUR Don Balfour Senator, District 9

5492

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Sworn to and subscribed before me, this 8th day of March 2012.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires Aug. 14, 2015 (SEAL)

Approved April 13, 2012.

__________

CHEROKEE COUNTY CHEROKEE COUNTY DEVELOPMENT AUTHORITY; ACQUISITION OF PROPERTY.

No. 572 (Senate Bill No. 529).

AN ACT

To provide for expanded powers and duties of the Cherokee County Development Authority; to provide a statement of authority; to provide that such authority may acquire structures for use as an office, a warehouse, a regional commercial development, or a research and development facility; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. This Act is enacted pursuant to the authority contained in that amendment to the Constitution of Georgia creating the Cherokee County Development Authority (Ga. L. 1966, p. 938), granting the General Assembly the power to enlarge or restrict the powers and duties of such authority.

SECTION 2. The powers and duties of the Cherokee County Development Authority found in paragraph (5) of subsection (D) of Section 1 of the amendment to the Constitution referred to in Section 1 of this Act are expanded as follows:
"(5) To encourage and promote the expansion and development of industrial and commercial facilities in Cherokee County so as to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within the limits of Cherokee County, suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, fabricating plant, office,

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warehouse, regional commercial development, or research and development facility, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings, machinery, and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building and the remodeling, reconstructing, furnishing, and equipping of such building;"

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 2012 session of the General Assembly of Georgia a bill to provide for expanded powers and duties of the Cherokee County Development Authority; to provide a statement of authority; to provide that such authority may acquire structures for use as an office, a warehouse, a regional commercial development; or a research and development facility; to repeal conflicting laws; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Chip Rogers, who on oath deposes and says that he is the Senator from District 21 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Cherokee Tribune which is the official organ of Cherokee County on March 9, 2012, and that the notice requirements of Code Section 28-1-14 have been met.
s/ CHIP ROGERS Chip Rogers Senator, District 21
Sworn to and subscribed before me, this 14th day of March 2012.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2015 (SEAL)

5494

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Approved April 13, 2012.

__________

CITY OF DORAVILLE CORPORATE LIMITS.

No. 573 (Senate Bill No. 532).

AN ACT

To amend an Act reincorporating the City of Doraville in the County of DeKalb, approved October 13, 1971 (Ga. L. 1971, Ex. Sess., p. 2154), as amended, so as to change the corporate limits; 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 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 the description of the corporate limits of the City of Doraville in Appendix A by adding at the end the following:
"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 DeKalb County, Georgia:
Tract 1: All that property contained in the unincorporated island with its boundary between the City of Doraville, Georgia, and the City of Dunwoody, Georgia, proceeding along Tilly Mill Road from Woodwin Road to across Peachtree Industrial Boulevard to the boundary of the City of Dunwoody, Georgia. Tract 2: All that property contained in the unincorporated island with its boundary between the City of Doraville, Georgia; the City of Dunwoody, Georgia; and Gwinnett County, Georgia, from the City of Dunwoody, Georgia, City Limits along Peachtree Industrial Road until the City of Doraville, Georgia, City Limits beyond Winters Chapel Road, bordered on the north by Gwinnett County, Georgia."

SECTION 2. This Act shall become effective on December 31, 2012, at 12:01 A.M.

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

GEORGIA LAWS 2012 SESSION NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

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Notice is given that there will be introduced at the regular 2012 session of the General Assembly of Georgia a bill to change the corporate limits of the city of Doraville and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Fran Millar, who on oath deposes and says that he is the Senator from District 40 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Champion which is the official organ of DeKalb County on March 8, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

s/ FRAN MILLAR Fran Millar Senator, District 40

Sworn to and subscribed before me, this 12th day of March 2012.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires Aug. 14, 2015 (SEAL)

Approved April 13, 2012.

__________

COOK COUNTY CHIEF MAGISTRATE; NONPARTISAN ELECTIONS.

No. 574 (House Bill No. 1082).

AN ACT

To provide that future elections for the office of chief magistrate of the Magistrate Court of Cook County shall be nonpartisan elections; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.

5496

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

SECTION 1. All elections for the office of chief magistrate of the Magistrate 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. Such nonpartisan elections shall be held in conjunction with the nonpartisan 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 of the Magistrate Court of Cook County in office on January 1, 2012. The sitting chief magistrate 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 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 2012 session of the General Assembly of Georgia a bill to provide that future elections for the office of chief magistrate of the Magistrate Court of Cook County shall be nonpartisan elections; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Penny Houston, who on oath deposes and says that she is the Representative from District 170 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Adel News Tribune which is the official organ of

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Cook County on February 9, 2012, 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 16th day of February 2012.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2015 (SEAL)

Approved April 13, 2012.

__________

ATKINSON COUNTY JUDGE OF PROBATE COURT; NONPARTISAN ELECTIONS.

No. 575 (House Bill No. 1119).

AN ACT

To provide that future elections for the office of judge of the Probate Court of Atkinson 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 Atkinson County conducted after January 1, 2013, 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 nonpartisan general election held immediately preceding the expiration of the term of office of such judge and conducted as provided in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 2. Nothing in this Act shall affect the term of office of the judge of the Probate Court of Atkinson County in office on January 1, 2013. 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 Atkinson 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 2012 session of the General Assembly of Georgia a bill to provide that future elections for the office of judge of the Probate Court of Atkinson 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.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Chuck Sims, who on oath deposes and says that he is the Representative from District 169 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Atkinson County Citizen which is the official organ of Atkinson County on February 16, 2012, and that the notice requirements of Code Section 28-1-14 have been met.
s/ CHUCK SIMS Chuck Sims Representative, District 169

GEORGIA LAWS 2012 SESSION
Sworn to and subscribed before me, this 16th day of February 2012.

5499

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2015 (SEAL)

Approved April 13, 2012.

__________

ATKINSON COUNTY CHIEF MAGISTRATE; NONPARTISAN ELECTIONS.

No. 576 (House Bill No. 1120).

AN ACT

To provide that future elections for the office of chief magistrate judge of Atkinson 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 chief magistrate judge of Atkinson County conducted after January 1, 2013, 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 nonpartisan general election held immediately preceding the expiration of the term of office of such judge 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 Atkinson County in office on January 1, 2013. The sitting chief magistrate judge shall serve out the term of office for which he or she was elected and shall be eligible to succeed himself or herself as provided in this Act.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 3. The governing authority of Atkinson 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 2012 session of the General Assembly of Georgia a bill to provide that future elections for the office of chief magistrate judge of Atkinson 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.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Chuck Sims, who on oath deposes and says that he is the Representative from District 169 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Atkinson County Citizen which is the official organ of Atkinson County on February 16, 2012, and that the notice requirements of Code Section 28-1-14 have been met.
s/ CHUCK SIMS Chuck Sims Representative, District 169
Sworn to and subscribed before me, this 16th day of February 2012.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2015 (SEAL)
Approved April 13, 2012.

GEORGIA LAWS 2012 SESSION

5501

COFFEE COUNTY CHIEF MAGISTRATE; NONPARTISAN ELECTIONS.

No. 577 (House Bill No. 1121).

AN ACT

To provide that future elections for the office of chief magistrate judge of Coffee 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 chief magistrate judge of Coffee County conducted after January 1, 2013, 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 nonpartisan general election held immediately preceding the expiration of the term of office of such judge 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 Coffee County in office on January 1, 2013. The sitting chief magistrate judge shall serve out the term of office for which he or she was elected and shall be eligible to succeed himself or herself as provided in this Act.

SECTION 3. The governing authority of Coffee 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 2012 session of the General Assembly of Georgia, a bill to provide that future elections for the office of Chief Magistrate

5502

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Judge of Coffee County shall be non-partisan 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 Chuck Sims District 169

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Chuck Sims, who on oath deposes and says that he is the Representative from District 169 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Douglas Enterprise which is the official organ of Coffee County on February 15, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

s/ CHUCK SIMS Chuck Sims Representative, District 169

Sworn to and subscribed before me, this 15th day of February 2012.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2015 (SEAL)

Approved April 13, 2012.

__________

GEORGIA LAWS 2012 SESSION

5503

BACON COUNTY BOARD OF COMMISSIONERS; LIMIT MEMBERSHIP OF CHAIRPERSON AND COMMISSIONERS ON BOARDS AND AUTHORITIES;
COMPENSATION OF CHAIRPERSON; VACANCIES AND DISABILITIES; AGENDA.

No. 578 (House Bill No. 1272).

AN ACT

To amend an Act re-creating the Board of Commissioners of Bacon County, approved April 4, 1991 (Ga. L. 1991, p. 4436), as amended, so as to limit the membership of the chairperson and commissioners on boards and authorities; to provide for the compensation of the chairperson; to provide for filling a vacancy in office; to provide for a person to assume the position of chairperson in the event of a vacancy or disability; to provide for placing items on meeting agenda; 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 re-creating the Board of Commissioners of Bacon County, approved April 4, 1991 (Ga. L. 1991, p. 4436), as amended, is amended by revising Section 3 as follows:

"SECTION 3. (a) No person shall be a member of the board if that person is ineligible for such office pursuant to Code Section 45-2-1 of the Official Code of Georgia Annotated or any other general law applicable to that office. (b) In order to be elected or appointed as a member of the board from a commissioner district, a person must have resided in that commissioner district for at least 12 months prior to election or appointment thereto and, if elected, must receive the number of votes cast as required by general law for that office in that district only and not at large. Only electors who are residents of that commissioner district may vote for a member of the board for that district. At the time of qualifying for election as a member of the board from a commissioner district, each candidate for such office shall specify the commissioner district for which that person is a candidate. A person elected or appointed as a member of the board from a commissioner district must continue to reside in that district during that person's term of office or that office shall become vacant. No commissioner shall serve on more than one local governing or advisory board while serving as commissioner. (c) The member of the board who is chairperson of the board may reside anywhere within Bacon County and, if elected, must receive the number of votes cast for that office as required by general law in the entire county. The chairperson must continue to reside

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

within the county during that person's term of office or that office shall become vacant. The chairperson shall not serve on any public board or authority or any entity which receives funds from the county, either directly or indirectly, or any entity for which the county is responsible, in whole or in part, for such entity's indebtedness, while serving as chairperson unless expressly required to do so by general law or the Constitution of Georgia; provided, however, that the chairperson shall be allowed to serve on any state or federal board or authority if such service is not in violation of state or federal law."

SECTION 2. Said Act is further amended by revising Section 5 as follows:

"SECTION 5. Compensation.

The compensation of the chairperson of the board shall be the average of the total compensation other than longevity supplements of the constitutional officers of Bacon County, as calculated by the Board of Commissioners of Bacon County, to be paid in equal monthly installments out of the funds of Bacon County; provided, however, that the chairperson shall be entitled to increases in compensation which average the salary increases granted to all other elected county officials in any year in which such person serves as chairperson. In addition, the board shall take into consideration any past service on the Bacon County Board of Commissioners and any other considerations the board deems appropriate when calculating the salary of the chairperson. The board may provide that the chairperson and the other members of the board be reimbursed, at a rate not to exceed that provided for members of the General Assembly, for mileage for other travel in the general performance of their duties as members of the board of commissioners."

SECTION 3. Said Act is further amended by revising paragraph (1) of subsection (a) of Section 6 as follows:
"(1) If the vacancy occurs during the final 12 months of a term of office, within 30 days after such occurrence, the remaining members of the board shall appoint a person to fill such vacancy; or"

SECTION 4. Said Act is further amended by revising Section 7 as follows:

"SECTION 7. (a) At the first regular meeting each January, the board of commissioners shall by majority vote elect one of their members as vice chairperson. The vice chairperson shall serve at

GEORGIA LAWS 2012 SESSION

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the pleasure of the majority of the members of the board and may be removed at any time without notice, cause, or hearing. (b) It shall be the duty of the chairperson to act as presiding officer at all meetings of the board of commissioners, and he or she shall be recognized as the ceremonial head of the county government and shall have other duties as provided in this Act. Items shall be placed on the agenda of any meeting by the chairperson or by a majority vote of the sitting commissioners. In the event of the temporary absence, disqualification, or disability of the chairperson, the board by majority vote shall appoint from the membership of the board a commissioner to assume the duties of the chairperson, and he or she shall receive a per diem allowance, not less than the per diem allowance received by members of the General Assembly, for every day that the acting chairperson performs the duties of the chairperson. It shall be the duty of the chairperson to preserve order and decorum at all meetings of the board, to state every question coming before the board, to announce the decisions of the board on all subjects, and to decide all questions of order, subject, however, to an appeal to the board, in which event a majority vote of the board shall govern and conclusively determine such question of order. The chairperson shall not have the right to vote on any matters coming before the board except in the case of a tie vote. All commissioners including the chairperson shall be bonded in the amount of $10,000.00 by a good and solvent bonding company authorized to do business in the State of Georgia, said bond to be approved by the judge of the probate court, payable to the judge of the probate court and his or her successors in the office, for the use of Bacon County, conditioned upon the faithful performance of their duties. The costs of said bonds shall be paid from the general funds of Bacon County."

SECTION 5. Said Act is further amended by revising Section 10 as follows:

"SECTION 10. All regular meetings of the board of commissioners shall be held at a date and time to be adopted by majority vote of the commissioners in the office of said board or at a date and time to be adopted by the majority of the commissioners in office of said board or at a pre-announced place on the courthouse premises in Bacon County, Georgia, and said meetings may be adjourned from day to day until all business is completed. Any commissioner who fails to attend a monthly meeting forfeits his or her monthly salary for the month in which the meeting was missed. If any commissioner misses a regularly scheduled meeting or attends only part of a regularly scheduled meeting, the other commissioners shall decide whether or not to pay said commissioner. The majority of said commissioners shall decide on the validity of an excuse. Extra session or special meetings may be held at any time on the call of the chairperson of the board or a majority of the commissioners. Whenever a special meeting is called, notice shall be given by the clerk of the board to each member of the board, in writing, setting forth the date and the place

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

of the meeting and the purpose for which the same is called, and no business shall be transacted at such special meetings except such as is given in the notice without the unanimous consent of the entire board of commissioners. Notice and purpose of meetings may be waived. All such notices shall be served by leaving the same at the home of each member or by delivering the same to him or her in person. All meetings, both regular and special, shall be open to the public; provided, however, that the board shall have the right to hold executive session; provided, further, that no official action or vote on any proposition or question coming before the board shall be taken at any other than a public meeting."

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2012 session of the General Assembly of Georgia a bill to amend an Act to revise and reenact the law creating a Board of Commissioners of Bacon County, approved April 4, 1991 (Ga. L. 1991, p. 4436), as amended and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommy Smith, who on oath deposes and says that he is the Representative from District 168 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Alma Times which is the official organ of Bacon County on March 6, 2012, 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 7th day of March 2012.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia

GEORGIA LAWS 2012 SESSION
My Commission Expires Aug. 25, 2015 (SEAL)

5507

Approved April 13, 2012.

__________

DEKALB COUNTY BOARD OF EDUCATION; TERMS OF OFFICE.

No. 592 (House Bill No. 1289).

AN ACT

To amend an Act establishing in DeKalb County districts from which members of the county board of education shall be elected, approved April 12, 1963 (Ga. L. 1963, p. 3424), as amended, so as to provide for certain terms of office; to provide for the continuation in office of current members; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act establishing in DeKalb County districts from which members of the county board of education shall be elected, approved April 12, 1963 (Ga. L. 1963, p. 3424), as amended, is amended by revising subsections (d) and (e) and striking subsection (f) of Section 2 as follows:
"(d) Successors to those members serving from Education Districts 2, 4, 6, and 8 shall be elected in a nonpartisan election to be held and conducted in 2012 in accordance with Code Section 21-2-139. Such successors from Education Districts 2, 4, 6, and 8 elected in such election in 2012 shall take office on the first day of January immediately following that election and shall serve for an initial term of office that expires on December 31, 2014, and upon the election and qualification of such member's successor. (e) Except as provided in subsection (d) of this section, all future successors to members of the board whose terms of office are to expire shall be elected at the nonpartisan election held and conducted immediately preceding the expiration of such terms in accordance with Code Section 21-2-139, shall take office the first day of January immediately following that election, and shall serve for terms of office of four years each and until their respective successors are elected and qualified."

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 2. Those members of the Board of Education of DeKalb County who are serving as such on the effective date of this Act and any person selected to fill a vacancy in any such office shall continue to serve as such members until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors.

SECTION 3. The Board of Education of DeKalb 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, no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.

SECTION 4. This Act shall become effective upon the approval of this Act 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 2012 session of the General Assembly of Georgia a bill to amend an Act establishing in DeKalb County districts from which members of the county board of education shall be elected, approved April 12, 1963 (Ga. L. 1963, p. 3424), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4536), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for election and terms of office; to provide for submission of this Act for approval under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Howard Mosby, who on oath deposes and says that he is the Representative from District 90 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 2, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

GEORGIA LAWS 2012 SESSION
s/ HOWARD MOSBY Howard Mosby Representative, District 90

5509

Sworn to and subscribed before me, this 5th day of March 2012.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires Aug. 14, 2015 (SEAL)

Approved April 16, 2012.

__________

DEKALB COUNTY BOARD OF EDUCATION; REDISTRICTING.

No. 593 (House Bill No. 1290).

AN ACT

To amend an Act establishing in DeKalb County districts from which members of the county board of education shall be elected, approved April 12, 1963 (Ga. L. 1963, p. 3424), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4536), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for certain terms of office; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act establishing in DeKalb County districts from which members of the county board of education shall be elected, approved April 12, 1963 (Ga. L. 1963, p. 3424), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4536), is amended by revising Section 1 as follows:

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

"SECTION 1. (a) There is created the board of education of DeKalb County. The board of education shall consist of nine members elected as provided in subsection (b) of this section.
(b)(1) For purposes of electing members of the board of education, the DeKalb County School District is divided into nine education districts. One member of the board shall be elected from each such district.
(2)(A) Education Districts 1, 2, 3, 4, 5, 6, and 7 shall be and correspond to those seven numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: dekalbsb-legdel-p2-2012 Plan Type: Local Administrator: dekalb User: Gina'. (B) For the purposes of such plan described in subparagraph (A) of this paragraph:
(i) The term 'VTD' 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. The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; and (ii) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia. (C) Any part of the DeKalb County School District which is not included in any district described in subparagraph (A) of this paragraph shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (D) Any part of the DeKalb County School District which is described in subparagraph (A) of this paragraph as being included 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 2010 for the State of Georgia. (3)(A) Education Districts 8 and 9 shall be and correspond to those two numbered districts described in and attached to and made a part of this Act and further identified as 'Plan Name: deksup2re Plan Type: local User: Shantee Administrator: Dekalb'. (B) When used in such plan described in subparagraph (A) of this paragraph, 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.

GEORGIA LAWS 2012 SESSION

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(C) Any part of the DeKalb County School District which is not included in any such district described in subparagraph (A) of this paragraph 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. (D) Any part of the DeKalb County School District which is described in subparagraph (A) of this paragraph 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 education district in the plan described in subparagraph (A) of this paragraph, 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 maps for the United States decennial census of 2000 for the State of Georgia."

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

"SECTION 2. (a) Successors to the members from Education Districts 2, 4, 6, and 8 shall be elected in the 2012 nonpartisan election to be held and conducted in accordance with Code Section 21-2-139 of the O.C.G.A. Those members of the board elected thereto from Education Districts 2, 4, 6, and 8 in 2012 shall take office the first day of January immediately following that election and shall serve for terms of office which expire December 31, 2014. (b) Successors to the members of the board shall be elected in the 2014 nonpartisan election to be held and conducted in accordance with Code Section 21-2-139. Those members of the board elected thereto 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. (c) All future successors to members of the board whose terms of office are to expire shall be elected at the nonpartisan election held and conducted in accordance with Code Section 21-2-139 of the O.C.G.A. immediately preceding the expiration of such terms, shall take office the first day of January immediately following that election, and shall serve for terms of office of four years each and until their respective successors are elected and qualified."

SECTION 3. (a) Those members of the Board of Education of DeKalb County who are serving as such on the effective date of this Act and any person selected to fill a vacancy in any such office

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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) Education Districts 1, 2, 3, 4, 5, 6, 7, 8, and 9, as they exist immediately prior to the effective date of this Act, shall continue to be designated as Education Districts 1, 2, 3, 4, 5, 6, 7, 8, and 9, respectively, but as newly described under this Act, and on and after the effective date of this Act, such members of the board serving from those former education districts shall be deemed to be serving from their respective districts as newly described under this Act.

SECTION 4. The Board of Education of DeKalb 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, no later than 30 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.

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

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

Plan: dekalbsb-legdel-p2-2012 Plan Type: Local Administrator: dekalb User: Gina

District 001 DeKalb County VTD: 089AD - AUSTIN VTD: 089AG - ASHFORD DUNWOOD VTD: 089AH - ASHFORD PARKSIDE VTD: 089CE - CHAMBLEE (CHA) VTD: 089CH - CHESNUT ELEMENTARY VTD: 089DA - DORAVILLE NORTH VTD: 089DB - DORAVILLE SOUTH VTD: 089DF - DUNWOODY VTD: 089DG - DUNWOODY HIGH SCHOOL VTD: 089DI - DUNWOODY LIBRARY VTD: 089GD - GEORGETOWN SQ

GEORGIA LAWS 2012 SESSION
VTD: 089HB - HAWTHORNE ELEM 021308: 1002 1003 1004 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 VTD: 089HF - HUNTLEY HILLS ELEM VTD: 089KB - KINGSLEY ELEM VTD: 089MQ - MOUNT VERNON EAST VTD: 089MS - MOUNT VERNON WEST VTD: 089MU - MONTGOMERY ELEM VTD: 089NA - NANCY CREEK ELEM VTD: 089NF - NORTH PEACHTREE VTD: 089PB - PEACHTREE MIDDLE SCHOOL VTD: 089SE - SILVER LAKE 021102: 1000 1001 1002 1003 1004 1005 1006 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2013 2014 2015 2016 2017 2018 2019 2020 3001 3002 3003 3004 3005 3006 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 021209: 3011 3016 VTD: 089TG - TILLY MILL ROAD VTD: 089WI - WARREN TECH 021308: 1000 1001 1005 2000 2001 2002 2003 2005 2006 2007 2008 3018 3019 VTD: 089WL - WINTERS CHAPEL
District 002 DeKalb County VTD: 089AB - ASHFORD PARK ELEMENTARY VTD: 089AM - AVONDALE MIDDLE VTD: 089BC - BRIAR VISTA ELEMENTARY 020100: 1003 1004 1014 021502: 2004 2007 2008 2009 2010 2011 2012 2013 2014 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 021504: 1000 1001 1002 1003 1004 1005 1006 1007

5513

5514

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

VTD: 089BE - BRIARWOOD VTD: 089BG - BRIARCLIFF VTD: 089BI - BROOKHAVEN VTD: 089CJ - CLAIRMONT HILLS VTD: 089CO - CROSS KEYS HIGH VTD: 089CW - CORALWOOD VTD: 089DH - DRUID HILLS HIGH SCHOOL VTD: 089EG - EMORY SOUTH VTD: 089ER - EMORY ROAD VTD: 089FB - FERNBANK ELEM 022401: 3008 3012 3014 022403: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1012 1013 1014 1015 1016 1017 1018 1019 1020 1022 1023 1024 1025 1027 1028 1029 1030 1035 2010 2011 2012 2014 2015 2016 2018 2019 2020 2021 2022 2023 3006 3007 3008 3009 3010 3011 3012 3013 3014 VTD: 089LB - LAVISTA ROAD VTD: 089LC - LAVISTA VTD: 089ME - MCLENDON ELEM VTD: 089MG - MEDLOCK ELEM VTD: 089MJ - MONTCLAIR ELEM VTD: 089MP - MARGARET HARRIS VTD: 089NB - NORTH DECATUR 022203: 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 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1038 1043 022204: 2018 2019 2020 3001 3002 3003 3004 4014 022600: 1019 023000: 1000 1001 1007 VTD: 089SA - SAGAMORE HILLS 021604: 2017 2018 2022

GEORGIA LAWS 2012 SESSION
VTD: 089SB - SCOTT 022301: 1022 1023 1024 1025 1026 1027 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 4004 4008 4009 4010 4011 4012 4013 4014 4015 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 VTD: 089SC - SCOTTDALE VTD: 089SN - SHAMROCK MIDDLE VTD: 089WJ - WOODWARD ELEM
District 003 DeKalb County VTD: 089AE - AVONDALE (AVO) VTD: 089AF - HOOPER ALEXANDER 022900: 2000 2001 2002 2003 2004 3003 3004 3005 3006 3007 3009 3010 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3030 3031 023101: 2002 2003 2013 2014 VTD: 089BL - BOULDERCREST RD VTD: 089CA - COLUMBIA DRIVE VTD: 089CC - COLUMBIA ELEMENTARY VTD: 089CD - CEDAR GROVE ELEMENTARY VTD: 089CL - CLIFTON ELEMENTARY VTD: 089CM - COLUMBIA MIDDLE VTD: 089CQ - CANDLER VTD: 089CR - CEDAR GROVE MIDDLE VTD: 089CS - CEDAR GROVE SOUTH 023424: 1017 1023 1024 1025 VTD: 089CT - COVINGTON HWY L VTD: 089EB - EASTLAND VTD: 089FC - FLAT SHOALS ELEM VTD: 089FD - FORREST HILLS ELEM 022203: 1040 022900: 1000 1001 1002 1003 1004 1005 1007 1009 1012 1013 1015 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1030 1031

5515

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

1032 1033 1034 1035 1036 1037 1038 1039 1040 023000: 1026 1027 1028 1029 1040 1041 VTD: 089FJ - FLAT SHOALS VTD: 089GC - GRESHAM PARK ELEM VTD: 089GE - GLENHAVEN ELEM VTD: 089KA - KELLEY LAKE ELEM VTD: 089KE - KNOLLWOOD ELEM VTD: 089ML - MEADOWVIEW ELEM VTD: 089MO - MIDWAY ELEM VTD: 089MP - MCNAIR MIDDLE VTD: 089OV - OAK VIEW ELEM VTD: 089PA - PEACHCREST ELEM VTD: 089PN - PINEY GROVE VTD: 089SG - SNAPFINGER ELEM VTD: 089TA - TERRY MILL ELEM VTD: 089TB - TILSON ELEM VTD: 089TC - TONEY ELEM VTD: 089WA - WADSWORTH ELEM

District 004 DeKalb County VTD: 089BD - BRIARLAKE ELEMENTARY VTD: 089BF - BROCKETT ELEMENTARY VTD: 089BH - BROCKETT VTD: 089DC - DRESDEN ELEM VTD: 089EC - EMBRY HILLS VTD: 089EF - EVANSDALE ELEM VTD: 089HB - HAWTHORNE ELEM 021308: 1016 1017 021705: 3006 3007 3010 3011 3012 3013 021706: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 4008 4009 VTD: 089HC - HENDERSON MILL VTD: 089HD - HERITAGE ED VTD: 089HG - HUGH HOWELL VTD: 089LA - LAKESIDE HIGH

GEORGIA LAWS 2012 SESSION
VTD: 089LV - LAWRENCEVILLE HIGH SCHOOL VTD: 089MH - MIDVALE ELEM VTD: 089MK - MONTREAL VTD: 089MW - MIDVALE ROAD VTD: 089ND - NORTHLAKE VTD: 089OA - OAK GROVE ELEM VTD: 089OB - OAKCLIFF ELEM VTD: 089PF - PLEASANTDALE ELEM VTD: 089PK - PLEASANTDALE ROAD VTD: 089RD - REHOBOTH VTD: 089SA - SAGAMORE HILLS 021604: 1006 1007 1008 1009 1010 1011 1013 1014 1015 1016 1017 1018 1019 1020 1021 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2019 2020 021704: 3001 3002 3003 3004 3005 3006 3007 3008 3009 VTD: 089SF - SKYLAND VTD: 089SH - SMOKE RISE VTD: 089TF - TUCKER VTD: 089TH - TUCKER LIBRARY VTD: 089VB - VALLEY BROOK VTD: 089WI - WARREN TECH 021307: 2044 2045 2056 2058 021705: 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 2012 2013 2014 2015 2016 2017 2018 2019 2027 2028 2029 2030 2031 2032 2033 2034 021808: 2024
District 005 DeKalb County VTD: 089BJ - BROWN'S MILL ELEMENTARY VTD: 089CB - CANBY LANE ELEMENTARY VTD: 089CF - MURPHEY CANDLER VTD: 089CG - CHAPEL HILL ELEMENTARY VTD: 089CS - CEDAR GROVE SOUTH 023422: 1004 1005 1006 1007 1008 1009 2022 2023

5517

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

023423: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1016 1017 VTD: 089FA - FAIRINGTON ELEM VTD: 089FE - FLAT SHOALS PARKWAY VTD: 089FG - FLAT ROCK ELEM VTD: 089FK - FLAKES MILL FIRE VTD: 089FL - FLAT SHOALS LIBRARY VTD: 089HH - NARVIE J HARRIS VTD: 089KC - KELLEY CHAPEL VTD: 089KD - ML KING JR HIGH VTD: 089LD - LITHONIA (LIT) VTD: 089MF - MCWILLIAMS VTD: 089MI - MILLER GROVE MIDDLE SCHOOL 023214: 2002 2008 2009 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 023416: 1000 1001 1014 1015 VTD: 089MR - BOB MATHIS ELEM VTD: 089MV - MILLER GROVE ROAD VTD: 089MZ - MILLER GROVE HIGH VTD: 089PR - PANOLA ROAD VTD: 089RA - RAINBOW ELEM VTD: 089SL - STONEVIEW ELEM VTD: 089SM - SALEM MIDDLE VTD: 089SS - SNAPFINGER ROAD VTD: 089WB - WESLEY CHAPEL SOUTH VTD: 089WD - WOODROW ROAD

District 006 DeKalb County VTD: 089FM - FREEDOM MIDDLE VTD: 089HA - HAMBRICK ELEM VTD: 089IA - IDLEWOOD ELEM VTD: 089MA - ELDRIDGE L MILL VTD: 089NC - NORTH HAIRSTON VTD: 089PC - PRINCETON ELEM VTD: 089PE - PINE LAKE (PIN) VTD: 089RC - REDAN ELEM VTD: 089RE - ROCKBRIDGE ELEM

GEORGIA LAWS 2012 SESSION
VTD: 089RF - ROCK CHAPEL ELEM VTD: 089RH - REDAN-TROTTI VTD: 089RI - ROCKBRIDGE ROAD VTD: 089RL - ROCK CHAPEL ROAD VTD: 089SD - STN MTN ELEMENTARY VTD: 089SI - STN MTN MIDDLE VTD: 089SJ - STONE MILL ELEM VTD: 089SK - SHADOW ROCK ELEM VTD: 089SO - SOUTH DESHON VTD: 089SP - STN MTN CHAMPION VTD: 089SQ - STONE MTN LIBRARY VTD: 089ST - STEPHENSON MIDDLE VTD: 089SU - SOUTH HAIRSTON VTD: 089SV - STEPHENSON HIGH VTD: 089WN - WYNBROOKE ELEM
District 007 DeKalb County VTD: 089AA - ALLGOOD ELEMENTARY VTD: 089AC - ATHERTON ELEMENTARY VTD: 089BM - BETHUNE MIDDLE VTD: 089CK - CLARKSTON (CLA) VTD: 089CP - CROSSROADS VTD: 089DE - DUNAIRE ELEM VTD: 089GB - GLENHAVEN VTD: 089IB - INDIAN CREEK ELEM VTD: 089JB - JOLLY ELEM VTD: 089LH - LITHONIA HIGH SCHOOL VTD: 089MC - MARBUT ELEM VTD: 089MI - MILLER GROVE MIDDLE SCHOOL 023214: 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 2000 2001 2003 2004 2005 2006 2007 2010 2011 2025 VTD: 089MM - MEMORIAL NORTH VTD: 089MN - MEMORIAL SOUTH VTD: 089PH - PANOLA VTD: 089PI - PANOLA WAY ELEM VTD: 089RG - ROWLAND ELEM VTD: 089RJ - ROWLAND ROAD VTD: 089RK - REDAN ROAD

5519

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

VTD: 089RM - REDAN MIDDLE VTD: 089SR - SNAPFINGER ROAD VTD: 089WG - WOODRIDGE ELEM VTD: 089WK - WHITE OAK VTD: 089YA - YOUNG ROAD

Plan Name: deksup2re Plan Type: local User: Shantee Administrator: Dekalb

Redistricting Plan Components Report

District 008 DeKalb County
Tract: 211 Tract: 212.02 Tract: 212.04 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 1032 1033 1034 Tract: 212.07 Tract: 212.08 Tract: 212.09 Tract: 212.10 Tract: 212.11 Tract: 212.12 Tract: 212.13 Tract: 212.14 Tract: 213.01 Tract: 213.02 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3015 3016 BG: 4 Tract: 213.03 Tract: 213.04 Tract: 214.03 BG: 1 BG: 2 2003 2004 2009 2010 2011 2012 2013 2014 2015 2016 2017

GEORGIA LAWS 2012 SESSION
BG: 3 Tract: 214.04 BG: 2 2012 Tract: 214.05 BG: 2 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2028 2029 2037 2038 2039 2040 Tract: 216.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1017 1999 Tract: 217.03 BG: 1 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4018 4019 4020 4021 4022 4023 4024 4025 4999 Tract: 217.04 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3023 3024 3025 BG: 9 Tract: 217.05 Tract: 217.06 Tract: 218.05 Tract: 218.06 Tract: 218.08 Tract: 218.09 Tract: 218.10 Tract: 218.11 Tract: 218.12 Tract: 219.02 Tract: 219.04 Tract: 219.06 Tract: 219.07 Tract: 219.08 Tract: 219.09 Tract: 220.01

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

BG: 1 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 Tract: 220.04 Tract: 220.05 Tract: 220.06 Tract: 220.07 BG: 1 1000 1001 1002 1003 1004 1005 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2018 2019 2020 2021 Tract: 220.08 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1015 1016 1017 1018 1019 BG: 2 Tract: 231.06 BG: 1 1006 Tract: 232.04 Tract: 232.06 BG: 2 2000 2001 2002 2003 2004 2005 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2998 2999 BG: 4 4000 4001 4002 4003 4004 4005 4006 Tract: 232.08 Tract: 232.09 Tract: 232.10 Tract: 232.11 Tract: 232.12 Tract: 233.02 Tract: 233.03 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1999 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4013 4015 4016 4017 4998 Tract: 233.05

Tract: 233.06 Tract: 233.07 Tract: 233.09

GEORGIA LAWS 2012 SESSION

District 009 DeKalb County
Tract: 201 BG: 1 1013 1014 1022 1026 1027 1028 1029 Tract: 212.04 BG: 1 1028 1029 1030 1031 Tract: 213.02 BG: 3 3011 3012 3013 3014 3017 3018 3019 3020 3021 3022 Tract: 214.01 Tract: 214.03 BG: 2 2000 2001 2002 2005 2006 2007 2008 2018 2019 2020 2021 2022 Tract: 214.04 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 Tract: 214.05 BG: 1 BG: 2 2000 2001 2002 2027 2030 2031 2032 2033 2034 2035 2036 2041 2042 Tract: 214.06 Tract: 215.01 Tract: 215.02 Tract: 216.01 BG: 1 1015 1016 1018 1019 1020 1021 BG: 2 BG: 3 BG: 4 Tract: 216.02 Tract: 216.03

5523

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Tract: 217.03 BG: 4 4017 Tract: 217.04 BG: 3 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 Tract: 220.01 BG: 4 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 Tract: 220.07 BG: 1 1006 1007 BG: 2 2016 2017 Tract: 220.08 BG: 1 1014 Tract: 221 Tract: 222 BG: 1 BG: 2 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4035 Tract: 223.01 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 BG: 2 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4013 Tract: 223.02 Tract: 224.01 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2008

GEORGIA LAWS 2012 SESSION
BG: 3 BG: 4 Tract: 224.02 Tract: 224.03 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1019 1020 1021 1022 1023 1024 1025 1026 1027 1029 1030 1031 1032 1033 1034 1035 1036 1037 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3016 3017 3018 3019 3020 Tract: 225 BG: 1 1003 1004 Tract: 226 BG: 3 3013 Tract: 229 Tract: 230 Tract: 231.01 Tract: 231.02 Tract: 231.05 Tract: 231.06 BG: 1 1000 1001 1002 1003 1004 1005 1007 1008 1009 1010 1011 1012 1013 BG: 2 BG: 3 BG: 4 Tract: 231.07 Tract: 231.08 Tract: 232.03 Tract: 232.06 BG: 2 2006 2007 2008 2009 2010 2011 2012 BG: 3 BG: 4 4007 4008 4009 4010 4011 4012 Tract: 233.03 BG: 1

5525

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

1020 1021 1022 1023 1024 BG: 2 BG: 3 BG: 4 4010 4011 4012 4014 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4999 Tract: 233.10 Tract: 234.04 Tract: 234.05 Tract: 234.10 Tract: 234.11 Tract: 234.12 Tract: 234.13 Tract: 234.14 Tract: 234.15 Tract: 234.16 Tract: 234.17 Tract: 234.18 Tract: 235.01 Tract: 235.04 Tract: 235.05 Tract: 235.06 Tract: 235.07 Tract: 236.01 Tract: 236.02 Tract: 236.03 Tract: 237 Tract: 238.01 Tract: 238.02 Tract: 238.03

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2012 session of the General Assembly of Georgia a bill to amend an Act establishing in DeKalb County districts from which members of the county board of education shall be elected, approved April 12, 1963 (Ga. L. 1963, p. 3424), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4536), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for election and terms of office; to provide for

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submission of this Act for approval under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Howard Mosby, who on oath deposes and says that he is the Representative from District 90 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 2, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

s/ HOWARD MOSBY Howard Mosby Representative, District 90

Sworn to and subscribed before me, this 5th day of March 2012.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires Aug. 14, 2015 (SEAL)

Approved April 16, 2012.

__________

CITY OF BROOKHAVEN INCORPORATION; REFERENDUM.

No. 601 (House Bill No. 636).

AN ACT

To incorporate the City of Brookhaven in DeKalb County; to provide for a charter for the City of Brookhaven; to provide for incorporation, boundaries, and powers of the city; to provide for general powers and limitations on powers; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, expenses, qualifications, prohibitions, and districts relative to members of such governing authority; to provide for inquiries and investigations; to provide for

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organization and procedures; to provide for ordinances; to provide for codes; to provide for a Governor's Commission; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city manager, a city attorney, a city clerk, a city accountant, and other personnel; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for ethics and disclosures; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for homestead exemptions; to provide for bonds for officials; to provide for other matters relative to the foregoing; to provide for a referendum; to provide effective dates and transitional provisions governing the transfer of various functions and responsibilities from DeKalb County to the City of Brookhaven; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

ARTICLE I CREATION, INCORPORATION, POWERS
SECTION 1.01. Incorporation.

This Act shall constitute the charter of the City of Brookhaven, Georgia. The City of Brookhaven, Georgia, in the County of DeKalb, and the inhabitants thereof, are constituted and declared a body politic and corporate under the same name and style of the "City of Brookhaven" and by that name shall have perpetual succession, may sue and be sued, plead and be impleaded, in all courts of law and equity, and in all actions whatsoever, and may have and use a common seal.

SECTION 1.02. Corporate boundaries.

The boundaries of the City of Brookhaven shall be those set forth and described in Appendix A of this charter, and said Appendix A is incorporated into and made a part of this charter. The city clerk shall maintain a current map and written legal description of the corporate boundaries of the city, and such map and description shall incorporate any changes which may hereafter be made in such corporate boundaries.

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SECTION 1.03. Powers and construction.

(a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this Act. This city shall have all the powers of self-government not otherwise prohibited by this Act or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. These powers shall include, but not be limited to, the following:
(1) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl, and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder; (2) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (3) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades to the extent permitted by general law; (4) Business regulation and taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees; (5) Condemnation.
(A) To condemn property inside the corporate limits of the city for present or future use and for any public purpose deemed necessary by the city council utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (B) The municipality shall have the right to condemn and cause to be remediated or removed any building, structure, or existing condition within its corporate limits that is dangerous to life, limb, or property, by reasons of decay, dilapidation, or unsanitary condition. Nothing in this subparagraph shall be construed to relieve the municipality of any duty to give owners or interested persons reasonable notice and opportunity to remedy the situation. Nothing in this subparagraph shall be construed as relieving the municipality of liability to any interested person for damages to person or property

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taken or destroyed in furtherance of this subparagraph. This subparagraph shall not be construed as authorizing the doing of any act or thing contrary to the Constitution of this state and the policy of the general laws of this state. The municipality shall have authority to adopt reasonable ordinances and resolutions for the purpose of carrying out this subparagraph; (6) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (7) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or without the city, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (8) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of the city, the region, and the state through the enactment of ordinances that preserve and improve air quality, restore and maintain water resources, the control of erosion and sedimentation, manage storm water and establish a storm-water utility, manage solid and hazardous waste, and provide other necessary or beneficial actions for the protection of the environment. These ordinances shall include, without limitation, ordinances that protect, maintain, and enhance the public health, safety, environment, and general welfare and minimize public and private losses due to flood conditions in flood hazard areas, as well as protect the beneficial uses of flood plain areas for water quality protection, stream bank and stream corridor protection, wetlands preservation, and ecological and environmental protection. Such ordinances may require that users vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; restrict or prohibit uses which are dangerous to health, safety, and property due to flooding or erosion hazards, or which increase flood heights, velocities, or erosion; control filling, grading, dredging, and other development which may increase flood damage or erosion; prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands; limit the alteration of natural flood plains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters; and protect the storm-water management, water quality, stream bank protection, stream corridor protection, wetland preservation, and ecological functions of natural flood plain areas; (9) Ethics. To adopt ethics ordinances and regulations governing such things as, but not limited to, the conduct of municipal elected officials, appointed officials, contractors, vendors, and employees, establishing procedures for ethics complaints, and setting forth penalties for violations of such rules and procedures; (10) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof;

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(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 therein benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges, taxes, or fees; (12) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety 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 powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (14) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (15) Homestead exemption. To establish and maintain procedures for offering homestead exemptions to residents of the city and maintaining current homestead exemptions of residents of the city as authorized by Act of the General Assembly; (16) Jail sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city; to provide for commitment of such persons to any jail; to provide for the use of pretrial diversion and any alternative sentencing allowed by law; or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (17) Motor vehicles. To regulate the operation 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 not specified in this charter, commissions, authorities, and agencies of the city; and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (19) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose 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, lease, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (21) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof;

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(22) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, storm-water management, gasworks, electricity generating plants, cable television and other telecommunications, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties; and to provide for the withdrawal of service for refusal or failure to pay the same; (23) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (24) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (25) Planning and zoning. To provide comprehensive city planning for city land use, signage and outside advertising, and development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and aesthetically pleasing community; (26) Police and fire protection. To exercise the power of arrest through duly appointed police officers, and to establish, operate, or contract for a police and a fire-fighting agency; (27) Public hazards; removal. To provide for the destruction and removal of any building or other structure that is or may become dangerous or detrimental to the public; (28) Public improvements. To provide for the acquisition, construction, building, operation, maintenance, or abolition of public ways, parks and playgrounds, recreational facilities, cemeteries, public buildings, libraries, public housing, parking facilities, and charitable, cultural, educational, recreational, conservation, sport, detentional, penal, and medical institutions, agencies, and facilities; to provide any other public improvements inside the corporate limits of the city and to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (29) Public peace. To provide for the prevention and punishment of loitering, disorderly conduct, drunkenness, riots, and public disturbances; (30) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (31) Public utilities and services. To grant franchises or make contracts for, or impose taxes on, public utilities and public service companies; and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission; (32) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and

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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; (33) Employee benefits. To provide and maintain a retirement plan, insurance, and such other employee benefits for appointed officers and employees of the city as are determined by the city council; (34) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (35) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements, subject to referendum; (37) Taxes; ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; provided, however, that:
(A) The millage rate imposed for ad valorem taxes on real property shall not exceed 3.35 unless a higher limit is recommended by resolution of the city council and approved by a majority of the qualified electors of the City of Brookhaven voting on the issue, provided that the amount of millage associated with general obligation bonds shall not count as part of the 3.35 limit since such millage is already subject to approval by the electors of the city in a separate referendum; and (B) For all years, the fair market value of all property subject to taxation shall be determined according to the tax digest of DeKalb County, as provided in Code Section 48-5-352 of the O.C.G.A.; (38) Taxes: other. To levy and collect such other taxes and fees as may be allowed now or in the future by law; (39) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; to inspect said vehicles and mandate standards of safety and cleanliness; and to regulate the parking of such vehicles; (40) Tourism, conventions, and trade shows. To provide for the structure, operation, or management of the Brookhaven Convention and Visitors Bureau created pursuant to Section 1.05 of this charter and to authorize the City of Brookhaven to contract with private sector nonprofit organizations or other governmental agencies to promote tourism, conventions, and trade shows;

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(41) Urban redevelopment. To organize and operate an urban redevelopment program; and (42) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and any listing of particular powers in this charter shall not be held to be exclusive of others or restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.

SECTION 1.04. Exercise of powers.

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

SECTION 1.05. Tourism, conventions, and trade shows.

The Brookhaven Convention and Visitors Bureau is hereby created.

ARTICLE II GOVERNMENT STRUCTURE, ELECTIONS,
AND LEGISLATIVE BRANCH SECTION 2.01.
City council creation; number; election.

(a) The legislative authority of the government of the City of Brookhaven, except as otherwise specifically provided in this charter, shall be vested in a city council of which the mayor shall be a voting member to the extent provided in subsection (a) of Section 2.10 of this charter.
(b)(1) The city council of Brookhaven, Georgia shall consist of four members, plus the mayor.
(2)(A) For the purposes of electing members of the city council, the City of Brookhaven shall be divided into four council districts, designated Council Districts 1

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through 4. Such four districts shall be and correspond to those four numbered districts described in and attached to and made a part of this Act as Appendix "B" and further identified as 'Plan: BHccR2-2012 Plan Type: Local Administrator: H080 User: Gina'.
(B)(i) For the purposes of such plan: (I) The term 'VTD' 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. The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; and (II) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia.
(ii) Any part of the City of Brookhaven which is not included in any district described in subparagraph (A) of this paragraph shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (iii) Any part of the City of Brookhaven which is described in subparagraph (A) of this paragraph as being included 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 2010 for the State of Georgia. (iv) Any part of the City of Brookhaven which is described in subparagraph (A) of this paragraph as being included in a particular district which, on the effective date of this Act is within the corporate boundaries of another municipality, shall not be included within such district. (v) Any part of the City of Brookhaven which is described in subparagraph (A) of this paragraph as being included in a particular district which is not within the corporate boundaries of the City of Brookhaven shall not be included within such district. (C) Following each decennial census, the city council shall revise such districts pursuant to Code Section 36-35-4.1 of the O.C.G.A. to maintain a proper population balance among such districts. (3) One councilmember shall be elected from each of the four council districts. Each person desiring to offer as a candidate for councilmember shall designate the council district for which he or she is offering. Councilmembers shall be elected by a majority vote of the qualified electors of the respective council districts voting at the elections of the city. In the event that no candidate for a council district obtains a majority vote of the qualified electors of the council district voting in the election, then a run-off election shall

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be held. The candidates receiving the two highest numbers of votes in the election for such council district shall be included in the run-off election. The person receiving the highest number of votes of the qualified electors of the council district voting at such run-off election shall be elected. Each candidate for election to the city council shall reside in the district he or she seeks to represent. (c) With the exception of the initial terms set forth in subsection (d) of this section, councilmembers shall be elected to terms of four years and until their successors are elected and qualified on a staggered basis in alternate election cycles such that every two years two councilmembers are up for election. (d) In order to assure staggered elections of the councilmembers, in the first election of the city council the terms for the candidates elected for Council Districts 2 and 4 shall expire upon the administration of the oath of office to their successors elected in the regular elections held in November, 2013, as provided in subsection (b) of Section 2.02 of this charter. The terms for the candidates elected for Council Districts 1 and 3 shall expire upon the administration of the oath of office to their successors elected in the regular elections held in November, 2015, as provided in subsection (b) of Section 2.02 of this charter. Thereafter, a successor to each councilmember shall be elected at the November election immediately preceding the end of such councilmember's term of office and the term of each councilmember shall expire upon the administration of the oath of office to his or her successor. (e) With the exception of the initial term of office, the mayor of the City of Brookhaven, with the powers and duties specified herein, shall be elected to a term of four years and until his or her successor is elected and qualified. The mayor shall be elected by a majority vote of the qualified electors of the city at large voting at the elections of the city. In the event that no candidate for mayor obtains a majority vote of the qualified electors of the city at large voting at the elections of the city, then a run-off election shall be held. The candidates receiving the two highest numbers of votes in the election shall be included in the run-off election and the candidate receiving the highest number of votes in the runoff of the qualified electors of the city at large voting at such runoff shall be elected. The term of the first elected mayor shall expire upon the administration of the oath of office to his or her successor elected in the regular election held in November, 2015, as provided in subsection (b) of Section 2.02 of this charter. Thereafter, a successor to each mayor shall be elected at the November election immediately preceding the end of such mayor's term of office and the term of each mayor shall expire upon the administration of the oath of office to his or her successor.

SECTION 2.02. Mayor and councilmembers; terms and qualifications for office.

(a) For all elections subsequent to the first election, the mayor and councilmembers shall serve for terms of four years and until their terms shall expire upon the administration of the

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oath of office to their successors. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the City of Brookhaven for a continuous period of at least 12 months immediately prior to the date of the election for mayor or councilmember, shall continue to reside therein during that person's period of service, and shall continue to be registered and qualified to vote in municipal elections of the City of Brookhaven. In addition to the above requirements, no person shall be eligible to serve as a councilmember representing a council district unless that person has been a resident of the district such person seeks to represent for a continuous period of at least six months immediately prior to the date of the election for councilmember and continues to reside in such district during that person's period of service. (b) An election shall be held on the Tuesday after the first Monday in November, 2012, to elect the first mayor and city council. At such election, the first mayor and council shall be elected to serve for the initial terms of office specified in subsections (d) and (e) of Section 2.01 of this charter. 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. (c) The number of consecutive terms an individual may hold a position as a councilmember shall be unlimited. (d) The number of consecutive terms an individual may hold the position of mayor shall be limited to two terms. (e) No person who has been convicted of a felony or a crime of moral turpitude shall be eligible for election or to serve as mayor or councilmember of the City of Brookhaven. (f) No person who was a member of the General Assembly at the time of the enactment of this charter shall be eligible for election or to serve as mayor or councilmember of the City of Brookhaven during the first four years of the city's existence.

SECTION 2.03. Vacancy; filling of vacancies; suspensions.

(a) Elected officials of the city cannot hold other elective or public offices. The elective offices of the city's government shall become vacant upon the member's death, resignation, forfeiture of office, or removal from office. The following shall result in an elected city official forfeiting his or her office:
(1) Violating the provisions of this charter; (2) Being convicted of, or pleading guilty or "no contest" to, a felony or a crime of moral turpitude; or (3) Failing to attend one-third of the regular meetings of the council in a three-month period without being excused by the council. (b) The office of mayor shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. A vacancy in the office of mayor shall be filled for the

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remainder of the unexpired term by a special election if such vacancy occurs 12 months or more prior to the expiration of the term of that office. If such vacancy occurs within 12 months of the expiration of the term of that office, the city council or those members remaining shall appoint a successor for the remainder of the term. This provision shall also apply to a temporary vacancy created by the suspension from office of the mayor. (c) The office of a councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. A vacancy in the office of a councilmember shall be filled for the remainder of the unexpired term by a special election if such vacancy occurs 12 months or more prior to the expiration of the term of that office. If such vacancy occurs within 12 months of the expiration of the term of that office, the mayor shall appoint a successor for the remainder of the term subject to the approval of the city council or those members remaining. This provision shall also apply to a temporary vacancy created by the suspension from office of a councilmember.

SECTION 2.04. Nonpartisan elections.

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

SECTION 2.05. Election votes.

The candidate for mayor who receives a majority vote of the qualified electors of the city at large voting at the elections of the city shall be elected. The candidates for Council Districts 1, 2, 3, and 4 who receive a majority vote of the qualified electors of Council Districts 1, 2, 3, and 4, respectively, voting at the elections of the city shall be elected.

SECTION 2.06. Applicability of general laws; qualifying; other provisions.

All elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended or otherwise provided by law. Except as otherwise provided by this charter, the city council shall, by ordinance or resolution, prescribe such rules and regulations as it deems appropriate, including but not limited to the establishment of qualifying fees, to fulfill any options and duties under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended or otherwise provided by law.

GEORGIA LAWS 2012 SESSION
SECTION 2.07. Compensation and expenses.

5539

The annual salary of the mayor shall be $16,000.00 and the annual salary for each councilmember shall be $12,000.00. Such salaries shall be paid from municipal funds in monthly installments. The mayor shall be provided an annual expense allowance of $5,000.00 and each councilmember shall be provided an annual expense allowance of $3,000.00 for the reimbursement of expenses actually and necessarily incurred by the mayor and councilmembers in carrying out their duties as elected officials of the city.

SECTION 2.08. Inquiries and investigations.

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

SECTION 2.09. Meetings, oath of office, and mayor pro tempore.

(a) The city council shall meet on the first working day in January immediately following each regular municipal election. The meeting shall be called to order by the mayor-elect and the oath of office shall be administered to the newly elected mayor and councilmembers collectively by a judicial officer authorized to administer oaths. The oath shall, to the extent that it comports with federal and state law, be as follows:
"I do solemnly swear (or affirm) that I will faithfully execute the office of [councilmember or mayor, as the case may be] of the City of Brookhaven, and will to the best of my ability support and defend the Constitution of the United States, the Constitution of Georgia, and the charter, ordinances, and regulations of the City of Brookhaven. 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 Brookhaven for the time required by the Constitution and laws of this state and by the municipal charter. I will perform the duties of my office in the best interests of the City of Brookhaven to the best of my ability without fear, favor, affection, reward, or expectation thereof."

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(b) Following the induction of the mayor and councilmembers, the city council, by a majority vote of the councilmembers, shall elect a councilmember to be mayor pro tempore, who shall serve for a term of two years and until a successor is elected and qualified. The number of successive terms an individual may hold a position as mayor pro tempore shall be unlimited. (c) The mayor pro tempore shall assume the duties and powers of the mayor during the mayor's temporary disability, suspension, or absence. If the mayor pro tempore is absent because of sickness or disqualification, any one of the remaining councilmembers, chosen by the councilmembers present, shall be clothed with all the rights and privileges of the mayor as described herein and shall perform the mayor's duties in the same manner as the mayor pro tempore. (d) The city council shall, at least once a month, hold regular meetings at such times and places as prescribed by ordinance. The city council may recess any regular meeting and continue such meeting on any day or hour it may fix and may transact any business at such continued meeting as may be transacted at any regular meeting. (e) Special meetings of the city council may be held on the call of either the mayor and one councilmember or three councilmembers. Notice of such special meetings shall be delivered to all councilmembers, the mayor, and the city manager personally, by registered mail, or by electronic means at least 24 hours in advance of the meeting. Such notice shall not be required if the mayor, all councilmembers, and city manager are present when the special meeting is called. Such notice of any special meeting may be waived by the mayor, a councilmember, or the city manager in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice. The notice of such special meeting shall state what business is to be transacted at the special meeting. Only the business stated in the call may be transacted at the special meeting.

SECTION 2.10. Quorum; voting.

(a) Three councilmembers shall constitute a quorum and shall be authorized to transact business for the city council. Voting on the adoption of ordinances shall be taken by voice vote and the yeas and nays shall be recorded in the minutes, but on the request of any member, there shall be a roll-call vote. In order for any ordinance, resolution, motion, or other action of the city council to be adopted, the measure must receive at least three affirmative votes. No member of the city council shall abstain from voting on any matter properly brought before the city council for official action except when such councilmember has a conflict of interest which is disclosed in writing prior to or at the meeting and made a part of the minutes. Any member of the city council present and eligible to vote on a matter and refusing to do so for any reason, other than a properly disclosed and recorded conflict of interest, shall be deemed to have acquiesced or concurred with the members of the majority who did vote on the question involved. The mayor shall vote only in the case of a

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tie or in the case where his or her vote will provide the number of votes necessary for approval of a matter. (b) The following types of actions require an ordinance in order to have the force of law:
(1) Adopting or amending an administrative code or establishing, altering or abolishing a department, office not specified in this charter, or agency; (2) Providing a fine or other penalty; (3) Levying taxes; (4) Granting, renewing, or extending a franchise; (5) Regulating a rate for a public utility; (6) Authorizing the borrowing of money; (7) Conveying, leasing, or encumbering city land; (8) Regulating land use and development; and (9) Amending or repealing an ordinance already adopted. (c) The city council shall establish by ordinance procedures for convening emergency meetings. In an emergency, an ordinance may be passed without notice or hearings if the city council passes the ordinance by three-fourths' vote; provided, however, that the city council cannot in an emergency meeting: (1) Levy taxes; (2) Grant, renew, or extend a franchise; (3) Regulate a rate for a public utility; or (4) Borrow money.

SECTION 2.11. General power and authority of the city council.

(a) Except as otherwise provided by law or by this charter, the city council shall be vested with all the powers of government of the City of Brookhaven as provided by Article I of this charter. (b) In addition to all other powers conferred upon it by law, the city council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules, and regulations, not inconsistent with this charter and the Constitution and 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 Brookhaven and may enforce such ordinances by imposing penalties for violation thereof.

SECTION 2.12. Administrative and service departments.

(a) Except for the office of city manager and the elected positions provided for in this charter, the city council, by ordinance, may establish, abolish, merge, or consolidate offices

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not specified in this charter, positions of employment, departments, and agencies of the city as it shall deem necessary for the proper administration of the affairs and government of the city. The city council shall prescribe the functions and duties of existing departments, offices, and agencies or of any departments, offices, and agencies hereinafter created or established; may provide that the same person shall fill any number of offices and positions of employment; and may transfer or change the functions and duties of offices, positions of employment, departments, and agencies of the city. (b) The operations and responsibilities of each department now or hereafter established in the city shall be distributed among such divisions or bureaus as may be provided by ordinance of the city council. Each department shall consist of such officers, employees, and positions as may be provided by this charter or by ordinance and shall be subject to the general supervision and guidance of the mayor and city council.

SECTION 2.13. Prohibitions.

(a) No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of official duties or which would tend to impair the independence of his or her judgment or action in the performance of official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of official duties or would tend to impair the independence of his or her judgment or action in the performance of official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or herself or others, except as required by law; (4) Accept any valuable gift, whether in the form of service, loan, object, or promise, from any person, firm, or corporation which to his or her knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which he or she is engaged. "Valuable" shall be an amount determined by the city council; provided, however, that the amount shall not exceed $100.00; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he or she, or members of his or her immediate family, has a financial interest.

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(b) Any elected official, appointed officer, or employee who has any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the city council. "Private financial interest" shall include interests of immediate family. The mayor or any councilmember who has a private interest in any matter pending before the city council shall disclose in writing such private interest and such disclosure shall be entered on the records of the city council, and he or she shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity. (c) No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit, except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (d) Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council. (e) Except as authorized by law, no member of the city council shall hold any other elective city office or be employed by any city or county government during the term for which elected.

SECTION 2.14. Boards, commissions, and authorities.

(a) All members of boards, commissions, and authorities of the city shall be appointed by the mayor subject to confirmation by the city council for such terms of office and such manner of appointment as provided by ordinance, except where other appointing authority, term of office, or manner of appointment is prescribed by this charter or by applicable state law. (b) No member of any board, commission, or authority of the city shall hold any elective office in the city. Councilmembers and the mayor, however, may serve as ex officio members of such boards, commissions, or authorities, without a vote. (c) Any vacancy in office of any member of a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed for original appointment, except as otherwise provided by this charter or any applicable law of the State of Georgia. (d) No member of any board, commission, or authority shall assume office until he or she shall have executed and filed with the designated officer of the city an oath obligating himself or herself to faithfully and impartially perform the duties of his or her office, such oath to be prescribed by ordinance of the city council and administered by the mayor or a judicial officer authorized to administer oaths.

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(e) Any member of a board, commission, or authority may be removed from office for cause by a vote of a majority of the councilmembers in accordance with state laws. (f) Members of boards, commissions, and authorities may receive such compensation and expenses in the performance of their official duties as prescribed by ordinance. (g) Except as otherwise provided by this charter or by applicable state law, each board, commission, or authority of the city government shall elect one of its members as chairperson and one member as vice chairperson for terms of one year and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations not inconsistent with this charter, ordinances of the city, or applicable state law as it deems appropriate and necessary for the conduct of its affairs, copies of which shall be filed with the designated officer of the city.

SECTION 2.15. Ordinance form; procedures.

(a) Every proposed ordinance and resolution shall be introduced in writing and the city council shall have the authority to approve, disapprove, or amend the same. A resolution may be passed at the time it is offered, but an ordinance shall not be adopted until the title of said ordinance shall have been read at two city council meetings, provided that the beginnings of said meetings are not less than 24 hours nor more than 60 days apart. This requirement of two readings shall not apply to emergency ordinances, to ordinances passed during the first 90 days from the date on which the city begins operation, to ordinances adopted at the first business meeting of the city council in a calendar year, or to ordinances adopted at the first meeting of the initial city council elected under subsection (b) of Section 2.02 of this charter. The catchlines of sections of this charter or any ordinance printed in boldface type, italics, or otherwise are intended as mere catchwords to indicate the contents of the section, and:
(1) Shall not be deemed or taken to be titles of such sections or as any part of the section; and (2) Shall not be so deemed when any of such sections, including the catchlines, are amended or reenacted unless expressly provided to the contrary. Furthermore, the article and section headings contained in this charter shall not be deemed to govern, limit, or modify or in any manner affect the scope, meaning, or intent of the provisions of any article or section hereof. (d) The city council may, by ordinance or resolution, adopt rules and bylaws to govern the conduct of its business, including procedures and penalties for compelling the attendance of absent councilmembers. Such rules may include punishment for contemptuous behavior conducted in the presence of the city council.

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SECTION 2.16. Submission of ordinances to the city clerk.

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(a) Every ordinance, resolution, and other action adopted by the city council shall be presented to the city clerk within 15 days of its adoption or approval. The city clerk shall record upon the ordinance the date of its delivery from the city council. (b) An ordinance or resolution that has been passed by the city council shall become effective on the date the ordinance is passed by the city council or on such other date as may be specified in the ordinance.

ARTICLE III EXECUTIVE BRANCH
SECTION 3.01. Powers and duties of the mayor.

(a) The mayor shall: (1) Preside over all meetings of the city council; (2) Set the agenda for meetings of the city council; provided, however, that additional items shall be added to the agenda upon the written request of any two or more members of the city council; (3) Serve as the ceremonial head of the city and as its official representative to federal, state, and local governmental bodies and officials; (4) Sign all orders, checks, and warrants for payment of money within a level of authorization as established by the city council; (5) Execute all contracts, deeds, and other obligations of the city within a level of authorization as established by the city council; (6) Vote in matters before the city council to the extent provided in subsection (a) of Section 2.10 of this charter; (7) Make all appointments of city officers as provided by this charter, subject to confirmation by the city council; (8) Serve in a part-time capacity and be compensated accordingly; and (9) Perform any other duties and exercise any other powers required by state or federal law or authorized by a duly adopted ordinance that is not in conflict with this charter.
(b) The mayor shall have the authority to transfer appropriations within a department, fund, service, strategy, or organizational unit but only with approval of the city council. (c) The mayor shall have the authority to certify that a supplemental appropriation is possible due to unexpected revenue increases but only with approval of the city council. (d) The mayor shall have all of the powers specifically granted to the mayor elsewhere in this charter regardless of whether such powers are enumerated in this section.

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SECTION 3.02. City manager; appointment and qualification.

The mayor shall appoint, subject to confirmation by the city council, an officer whose title shall be the city manager. The city manager shall be appointed without regard to political beliefs and solely on the basis of his or her education and experience in the accepted competencies and practices of local government management.

SECTION 3.03. City manager; chief administrative officer.

The city manager shall be the chief administrative officer of the government of the city. The city manager must devote all of his or her working time and attention to the affairs of the city and shall be responsible to the mayor and city council for the proper and efficient administration of the affairs of the city over which said officer has jurisdiction.

SECTION 3.04. City manager; powers and duties enumerated.

The city manager shall have the power and it shall be his or her duty to: (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 city council or departments not under the jurisdiction of the city manager; (3) Remove employees appointed and employed under paragraph (2) of this section without the consent of the city council and without assigning any reason therefor; (4) Exercise supervision and control of all departments and all divisions created in this charter or that may hereafter be created by the city council except as otherwise provided in this charter; (5) Attend all meetings of the city council, without a right to vote, but with a right to take part in the discussions as seen fit by the chair; provided, however, that regardless of the decision of the meeting chair, the city manager may take part in any discussion and report on any matter requested and approved by the city council at such meeting. The city manager shall be entitled to notice of all special meetings; (6) Recommend to the city council, after prior review and comment by the mayor, for adoption of such measures as the city manager may deem necessary or expedient; (7) See that all terms and conditions imposed in favor of the city or its inhabitants in any public utility franchise are faithfully kept and performed and upon knowledge of any violation thereof to call the same to the attention of the city attorney, whose duty it shall be forthwith to take such steps as are necessary to protect and enforce the same;

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(8) Make and execute all lawful contracts on behalf of the city as to matters within the city manager's level of authorization as established by the city council to the extent that such contracts are funded in the city's budget, except such as may be otherwise provided by law; provided, however, that no contract purchase or obligation requiring a budget amendment shall be valid and binding until after approval of the city council; (9) Sign all orders, checks, and warrants for payment of money within the city manager's level of authorization as established by the city council to the extent that such contracts are funded in the city's budget, except such as may be otherwise provided by law; provided, however, that no such order, check, or warrant requiring a budget amendment shall be valid and binding until after approval of the city council; (10) Act as budget officer to prepare and submit to the city council, after review and comment by the mayor, prior to the beginning of each fiscal year a budget of proposed expenditures for the ensuing year, showing in as much detail as practicable the amounts allotted to each department of the city government and the reasons for such estimated expenditures; (11) Keep the city council at all times fully advised as to the financial condition and needs of the city; (12) Make a full written report to the city council on the fifteenth of each month showing the operations and expenditures of each department of the city government for the preceding month, and a synopsis of such reports shall be published by the city clerk; (13) Fix all salaries and compensation of city employees in accordance with the city budget and the city pay and classification plan; and (14) Perform such other duties as may be prescribed by this charter or required by ordinance or resolution of the city council.

SECTION 3.05. City council interference with administration.

Except for the purpose of inquiries and investigations under Section 2.08 of this charter, the mayor or city council or its members shall deal with city officers and employees who are subject to the direction or supervision of the city manager solely through the city manager, and neither the mayor, the city council, nor its members shall give orders to any such officer or employee, either publicly or privately.

SECTION 3.06. City manager; removal.

(a) The mayor and city council may suspend the city manager from office by a vote at least three members. The mayor and city council, by a vote of at least three members, may remove the city manager from office at a subsequent meeting of the city council held on a different day following the suspension of the city manager. The mayor shall be permitted

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to vote on the suspension and removal of the city manager notwithstanding the provisions of subsection (a) of Section 2.10 of this charter. This provision may be supplemented, but not supplanted, by an employment contract of the city manager which provides for additional procedures for suspension or removal from office. (b) The city manager shall continue to receive his or her salary until the effective date of a final resolution of his or her removal. The action of the city council in suspending or removing the city manager shall not be subject to review by any court or agency. (c) If the city manager is suspended in accordance with subsection (a) of this section or becomes disabled and is unable to carry out the duties of the office or if the city manager dies, the acting city manager shall perform the duties of the city manager until the city manager's disability is removed or until the city manager is replaced. Removal of the city manager because of disability shall be carried out in accordance with the provisions of subsection (a) of this section.

SECTION 3.07. Acting city manager.

(a) The mayor with the approval of the city council may appoint any person to exercise all powers, duties, and functions of the city manager during the city manager's suspension under subsection (a) of Section 3.06, temporary absence from the city, or during the city manager's disability. (b) In the event of a vacancy in the office of city manager, the mayor may designate with the approval of the city council a person as acting city manager, who shall exercise all powers, duties, and functions of the city manager until a city manager is appointed.

SECTION 3.08. City attorney.

The mayor shall appoint the city attorney together with such assistant city attorneys as may be deemed appropriate subject to confirmation by the city council and shall provide for the payment of such attorney for services rendered to the city. The rates or salary paid to any city attorney or assistant city attorney shall be approved in advance by the city council. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the city council as directed; shall advise the city council, mayor, other officers, and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of his or her position as city attorney. The city attorney shall review all contracts of the city but shall not have the power to bind the city. No person who was a member of the General Assembly at the time of the enactment of this charter shall be eligible to serve as city attorney during the first four years of the city's existence.

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SECTION 3.09. City clerk.

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The mayor may appoint a city clerk subject to confirmation by the city council to keep a journal of the proceedings of the city council; to maintain in a safe place all records and documents pertaining to the affairs of the city; and to perform such duties as may be required by law or ordinance or as the mayor or city manager may direct.

SECTION 3.10. City accountant.

The mayor may appoint a city accountant subject to confirmation by the city council to perform the duties of an accountant. The city accountant shall also act as tax collector 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 such tax collector shall diligently comply with and enforce all general laws of Georgia relating to the collection, sale, or foreclosure of taxes by municipalities.

SECTION 3.11. City internal auditor.

The city council shall appoint an internal auditor to audit the financial records and expenditures of city funds and to report the results of such audits in writing to the city council at times and intervals set by the city council but no less than quarterly. Such audit reports shall, at a minimum, identify all city expenditures and other financial matters that the internal auditor either determines are not in compliance with or cannot conclusively be determined to be in compliance with the provisions of this charter, the applicable city budget, and applicable ordinances, resolutions, or other actions duly adopted or approved under the provisions of this charter.

SECTION 3.12. Consolidation of functions.

The city manager, with the approval of the city council, may consolidate the positions of city clerk and city accountant, or any other positions, or may assign the functions of any one or more of such positions to the holder or holders of any other positions. The city manager may also, with the approval of the city council, perform all or any part of the functions of any of the positions or offices in lieu of the appointment of other persons to perform the same.

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SECTION 3.13. Position classification and pay plans; employment at will.

The city manager shall be responsible for the preparation of a position classification and a pay plan which shall be submitted to the city council for adoption. Said plan may apply to all employees of the City of Brookhaven and any of its agencies and offices. When a pay plan has been adopted by the city council, neither the city council nor the city manager shall increase or decrease the salaries of individual employees except in conformity with such pay plan or pursuant to an amendment of said pay plan duly adopted by the city council. Except as otherwise provided in this charter, all employees of the city shall be subject to removal or discharge, with or without cause, at any time.

ARTICLE IV MUNICIPAL COURT
SECTION 4.01. Creation.

There is established a court to be known as the Municipal Court of the City of Brookhaven which shall have jurisdiction and authority to try offenses against the laws and ordinances of said city and to punish for a violation of the same. Such court shall have the power to enforce its judgments by the imposition of such penalties as may be provided by law, including ordinances of the city; to punish witnesses for nonattendance and to punish also any person who may counsel or advise, aid, encourage, or persuade another whose testimony is desired or material in any proceeding before said court to go or move beyond the reach of the process of the court; to try all offenses within the territorial limits of the city constituting traffic cases which, under the laws of Georgia, are placed within the jurisdiction of municipal courts to the extent of, and in accordance with, the provisions of such laws and all laws subsequently enacted amendatory thereof. Said court shall be presided over by the judge of said court. In the absence or disqualification of the judge, the judge pro tempore shall preside and shall exercise the same powers and duties as the judge when so acting.

SECTION 4.02. Judge.

(a) No person shall be qualified or eligible to serve as judge unless he or she shall have attained the age of 28 years and shall have been a member of the State Bar of Georgia for a minimum of three years. The judge shall be nominated by the mayor subject to approval by the city council. The compensation and number of the judges shall be fixed by the city council.

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(b) The judge pro tempore shall serve as requested by the judge, shall have the same qualifications as the judge, shall be nominated by the mayor subject to approval of the city council, and shall take the same oath as the judge. (c) Before entering on duties of his or her office, the judge and judge pro tempore shall take an oath before an officer duly authorized to administer oaths in this state declaring that he or she will truly, honestly, and faithfully discharge the duties of his or her office to the best of his or her ability without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council. (d) The judge, or judge pro tempore, shall serve for a term of two years but may be removed from the position by a two-thirds' vote of the entire membership of the mayor and city council, notwithstanding the provisions of subsection (a) of Section 2.10 of this charter, or shall be removed upon action taken by the Judicial Qualifications Commission for:
(1) Willful misconduct in office; (2) Willful and persistent failure to perform duties; (3) Habitual intemperance; (4) Conduct prejudicial to the administration of justice which brings the judicial office into disrepute; or (5) Disability seriously interfering with the performance of duties which is, or is likely to become, of a permanent character.

SECTION 4.03. Convening.

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

SECTION 4.04. Jurisdiction; powers.

(a) The municipal court shall try and punish for crimes against the City of Brookhaven and for violation of its ordinances. The municipal court may fix punishment for offenses within its jurisdiction to the fullest extent allowed by state law. (b) The municipal court shall have authority to recommend to the city council for approval a schedule of fees to defray the cost of operation. (c) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as security for appearances of persons charged with violations. Whenever any person shall give bail for his or her appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited to the judge presiding at such time and an execution issued thereon by serving the defendant and his or her sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or

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property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the City of Brookhaven, or the property so deposited shall have a lien against it for the value forfeited. (d) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears, by probable cause, that a state law has been violated. (e) The municipal court shall have the authority to administer oaths and to perform all other acts necessary or proper to the conduct of said court. (f) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by state law. (g) The municipal court is specifically vested with all of the judicial jurisdiction and judicial powers throughout the entire area of the City of Brookhaven granted by state laws generally to municipal courts and particularly by such laws as authorize the abatement of nuisances.

SECTION 4.05. Certiorari.

The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of DeKalb County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.

SECTION 4.06. Rules for court.

With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court.

ARTICLE V FINANCE AND FISCAL
SECTION 5.01. Fiscal year.

The city council shall set the fiscal year by ordinance. Said fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, or institution, agency, and activity of the city government, unless otherwise provided by state or federal law.

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SECTION 5.02. Preparation of budgets.

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

SECTION 5.03. Submission of operating budget to city council.

(a) On or before a date fixed by the city council, but no later than 45 days prior to the end of the current fiscal year, the city manager shall, after input, review, and comment by the mayor, submit to the city council a proposed operating budget and capital budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor and city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as they may deem pertinent. The operating budget, capital budget, budget message, and all supporting documents shall be filed in the office of the city manager and shall be open to public inspection. (b) In each year of the city's operation, the city manager and mayor shall present to the city council a budget which is balanced in projected spending and revenues. (c) Prior to passage of the budget, the city council shall hold a special public hearing at which the budget will be presented and public comment on the budget will be solicited. The date, time, and place of the special public hearing shall be announced no less than 30 days prior to the scheduled date for such hearing. (d) All unencumbered balances of appropriations in the current operating budget at the end of the fiscal year shall lapse into the unappropriated surplus or reserves of the fund or funds from which such appropriations were made. When a supplemental appropriation is certified by the mayor to exist pursuant to subsection (c) of Section 3.01 of this charter, these appropriations can be spent during the current fiscal year following passage of a supplemental appropriation ordinance.

SECTION 5.04. Action by city council on budget.

(a) The city council may amend the operating budget or capital budget proposed by the city manager in accordance with subsection (a) of Section 5.03 of this charter 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

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fiscal year; and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues constituting the fund availability of such fund. (b) The city council shall adopt a budget on or before the last day of the current fiscal year. If the city council fails to adopt the budget by the prescribed deadline, the operating budget and capital budget proposed by the mayor and city manager shall be adopted without further action by the city council.

SECTION 5.05. Procurement and property management.

No contract with the city shall be binding on the city unless it is in writing. The city council may adopt procedures for the authorization of certain contracts without city attorney review or city council approval. Absent the foregoing, no contract with the city shall be binding on the city unless:
(1) It is drawn or submitted and reviewed by the city attorney and, as a matter of course, is signed by the city attorney to indicate such drafting or review; and (2) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings.

SECTION 5.06. Purchasing.

The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city in accordance with recognized public purchasing standards and with the requirements of state law.

SECTION 5.07. Audits.

(a) There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted accounting principles, general audit standards, and state law. Copies of all audit reports shall be available at printing cost to the public. (b) As a minimum, all audits and budgets of the city shall satisfy the requirements of Chapter 81 of Title 36 of the O.C.G.A., relating to local government audits and budgets.

SECTION 5.08. Homestead exemption; freeze.

(a) As used in this section, the term:

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(1) "Ad valorem taxes for municipal purposes" means all municipal ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Brookhaven, including, but not limited to, ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Base year" means the taxable year immediately preceding the taxable year in which the exemption under this section is first granted to the most recent owner of such homestead. (3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended, with the additional qualification that it shall include not more than five contiguous acres of homestead property. (b) Each resident of the City of Brookhaven is granted an exemption on that person's homestead from City of Brookhaven ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value of that homestead. This exemption shall not apply to taxes assessed on improvements to the homestead or additional land that is added to the homestead after January 1 of the base year. If any real property is added to or removed from the homestead, the base year assessed value shall be adjusted to reflect such addition or removal, and the exemption shall be recalculated accordingly. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of Brookhaven, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Brookhaven, 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 Brookhaven, 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 so long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Brookhaven, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes.

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(f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2013.

SECTION 5.09. Homestead exemption; senior citizens; disabled.

(a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Brookhaven, 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 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 Brookhaven who is disabled or is a senior citizen is granted an exemption on that person's homestead from City of Brookhaven ad valorem taxes for municipal purposes in the amount of $14,000.00 of the assessed value of that homestead. The exemption granted by this subsection shall only be granted if that person's income, together with the income of the spouse who also occupies and resides at such homestead does not exceed $15,000.00 for the immediately preceding year. The value of that property in excess of such exempted amount shall remain subject to taxation.
(c)(1) In order to qualify for the exemption provided for in subsection (b) of this section as being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., as amended, certifying that in the opinion of such physician or physicians such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Such certificate or certificates shall constitute part of and be submitted with the application provided for in paragraph (2) of this subsection. (2) 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 Brookhaven, or the designee thereof, giving the person's age, income, and

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such additional information relative to receiving such exemption as will enable the governing authority of the City of Brookhaven, 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 Brookhaven, 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 so long as the owner occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Brookhaven, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2013.

SECTION 5.10. Homestead exemption; general.

(a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Brookhaven, 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 Brookhaven is granted an exemption on that person's homestead from City of Brookhaven ad valorem taxes for municipal purposes in the amount of $20,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of Brookhaven, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Brookhaven, or the designee thereof, to make a determination regarding the initial and continuing

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eligibility of such owner for such exemption. The governing authority of the City of Brookhaven, 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 so long as the owner occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Brookhaven, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2013.

SECTION 5.11. Homestead exemption; surviving spouses.

(a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Brookhaven, including, but not limited to, ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Unremarried surviving spouse" of a member of the armed forces includes the unmarried widow or widower of a member of the armed forces who is receiving spousal benefits from the United States Department of Veterans Affairs.
(b) Any person who is a resident of the City of Brookhaven and who is an unremarried surviving spouse of a member of the armed forces of the United States who has been killed in or has died as a result of any war or armed conflict in which the armed forces of the United States engaged, whether under United States command or otherwise, shall be granted a homestead exemption from all City of Brookhaven ad valorem taxation for municipal purposes in the amount of the greater of $32,500.00 or the maximum amount which may be granted to a disabled veteran under Section 2102 of Title 38 of the United States Code, as amended. The exemption shall be on the homestead which the unremarried surviving spouse owns and actually occupies as a residence and homestead. In the event such surviving spouse remarries, such person shall cease to be qualified to continue the exemption under this

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section effective December 31 of the taxable year in which such person remarries. The value of all property in excess of such exemption granted to such unremarried surviving spouse shall remain subject to taxation. (c) In order to qualify for the exemption provided for in this section, the unremarried surviving spouse shall furnish to the governing authority of the City of Brookhaven, or the designee thereof, documents from the United States Secretary of Defense evidencing that such unremarried surviving spouse receives spousal benefits as a result of the death of such person's spouse who as a member of the armed forces of the United States was killed or died as a result of a war or armed conflict while on active duty or while performing authorized travel to or from active duty during such war or armed conflict in which the armed forces of the United States engaged, whether under United States command or otherwise, pursuant to the Survivor Benefit Plan under Subchapter II of Chapter 73 of Title 10 of the United States Code or pursuant to any preceding or subsequent federal law which provides survivor benefits for spouses of members of the armed forces who were killed or who died as a result of any war or armed conflict. (d) An unremarried surviving spouse filing for the exemption under this section shall be required to file with the governing authority of the City of Brookhaven, or the designee thereof, information relative to marital status and other such information which the governing authority of the City of Brookhaven, or the designee thereof, deems necessary to determine eligibility for the exemption. Each unremarried surviving spouse shall file for the exemption only once with the governing authority of the City of Brookhaven, or the designee thereof. Once filed, the exemption shall automatically be renewed from year to year, except that the governing authority of the City of Brookhaven, or the designee thereof, may require annually that the holder of an exemption substantiate his or her continuing eligibility for the exemption. It shall be the duty of any person granted the homestead exemption under this section to notify the governing authority of the City of Brookhaven, or the designee thereof, in the event that person for any reason becomes ineligible for such exemption. (e) The exemption granted by this section shall be in lieu of and not in addition to any other exemption from ad valorem taxation for municipal purposes which is equal to or lower in amount than such exemption granted by this section. If the amount of any other exemption from ad valorem taxation for municipal purposes applicable to any resident qualifying under this section is greater than or is increased to an amount greater than the amount of the applicable exemption granted by this section, such other exemption shall apply and shall be in lieu of and not in addition to the exemption granted by this section. (f) The exemptions granted by this section shall apply to all tax years beginning on or after January 1, 2013.

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ARTICLE VI GENERAL PROVISIONS.
SECTION 6.01. DeKalb County Special Services Tax District.

For the taxable years beginning on or after January 1, 2013, the adjusted ad valorem tax millage rate and amount for service charges or fees for district services for the Brookhaven special services tax district shall be zero percent. This section is enacted pursuant to the authority granted to the General Assembly under Section 1 of that local constitutional amendment providing that certain municipalities in DeKalb County shall constitute special services tax districts, Resolution Act. No. 168; House Resolution No. 715-1916; Ga. L. 1978, p. 2468, to control the subject matter of such local constitutional amendment. Municipal services provided by DeKalb County for the City of Brookhaven will be established through intergovernmental agreements or established as otherwise authorized by statute.

SECTION 6.02. Referendum and initial election.

(a) Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of DeKalb County shall call a special election for the purpose of submitting this Act to the qualified voters of the proposed City of Brookhaven for approval or rejection. The superintendent shall set the date of such election for the date of the general primary in 2012. The superintendent shall issue the call for such election at least 30 days prior to the date thereof. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of DeKalb County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act incorporating the City of Brookhaven in DeKalb County according to the charter contained in the Act and the homestead exemptions
( ) NO described in the Act be approved?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect as provided in this charter, otherwise it shall be void and of no force and effect. The initial expense of such election shall be borne by DeKalb County. Within two years after the elections if the incorporation is approved, the City of Brookhaven shall reimburse DeKalb County for the actual cost of printing and personnel services for such election and for the initial election of the mayor and councilmembers pursuant to Section 2.02 of this charter. It shall be the duty of the superintendent to hold and conduct such election. It shall be his or her further duty to certify the result thereof to the Secretary of State.

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(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 Brookhaven to be held on the Tuesday after the first Monday in November, 2012, the qualified electors of the City of Brookhaven shall be those qualified electors of DeKalb County residing within the corporate limits of the City of Brookhaven as described by Appendix A of this charter. At subsequent municipal elections, the qualified electors of the City of Brookhaven shall be determined pursuant to the authority of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." (c) Only for the purposes of holding and conducting the referendum election provided for by subsection (a) of this section and holding and conducting the special election of the City of Brookhaven to be held on the Tuesday after the first Monday in November, 2012, the election superintendent of DeKalb County is vested with the powers and duties of the election superintendent of the City of Brookhaven and the powers and duties of the governing authority of the City of Brookhaven.

SECTION 6.03. Effective dates and transition.

(a) The initial mayor and councilmembers shall take the oath of office the next business day after certification of the election of such officers, and by action of any three members of the governing authority may, prior to December 17, 2012, meet and take actions binding on the city. (b) A period of time will be needed for an orderly transition of various government functions from DeKalb County to the City of Brookhaven. Accordingly there shall be a two-year transition period as allowed by law beginning at 12:01 A.M. on December 17, 2012. (c) During such transition period, DeKalb County shall continue to provide within the territorial limits of the city all government services and functions which DeKalb County provided prior to such date in 2012 and at the same actual direct cost and level of service, except to the extent otherwise provided in this section; provided, however, that upon at least 30 days' prior written notice to the governing authority of DeKalb County by the governing authority of City of Brookhaven, responsibility for any such service or function shall be transferred to the City of Brookhaven. The governing authority of the City of Brookhaven shall determine the date of commencement of collection of taxes, fees, assessments, fines, and forfeitures, and other moneys within the territorial limits of the city and the date upon which the City of Brookhaven is considered removed from the special tax district. (d) During the transition period, the governing authority of the City of Brookhaven may generally exercise any power granted by this charter or general law, except to the extent that a power is specifically and integrally related to the provision of a governmental service, function, or responsibility not yet provided or carried out by the city. (e) During the transition period, all ordinances of DeKalb County shall remain applicable within the territorial limits of the city unless otherwise amended, repealed, or replaced by the

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City of Brookhaven. Any transfer of jurisdiction to the City of Brookhaven during or at the end of the transition period shall not in and of itself abate any judicial proceeding pending in DeKalb County or the pending prosecution of any violation of any ordinance of DeKalb County. (f) During the transition period, the governing authority of the City of Brookhaven may at any time, without the necessity of any agreement by DeKalb County, commence to exercise its planning and zoning powers; provided, however, that the city shall give the county notice of the date on which the city will assume the exercise of such powers. Upon the governing authority of the City of Brookhaven commencing to exercise its planning and zoning powers, the Municipal Court of the City of Brookhaven shall immediately have jurisdiction to enforce the planning and zoning ordinances of the city. The provisions of this subsection shall control over any conflicting provisions of any other subsection of this section. (g) Effective upon the termination of the transition period, subsections (b) through (f) of this section shall cease to apply except for the last sentence of subsection (e) which shall remain effective. Effective upon the termination of the transition period, the City of Brookhaven shall be a full functioning municipal corporation and subject to all general laws of this state.

SECTION 6.04. Directory nature of dates.

It is the intention 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 if it is not possible to hold the referendum election provided for in Section 6.02 of this Act on the date specified in that section, then such referendum shall be held as soon thereafter as is reasonably practicable but not later than 45 days after securing approval under the federal Voting Rights Act. If the referendum election provided for in Section 6.02 of this Act is conducted on or before August 21, 2012, the special election for the initial members of the governing authority shall be conducted on the date specified in Section 2.02 of this Act. If the referendum election provided for under Section 6.02 of this Act is conducted after August 21, 2012, then the special election for the initial members of the governing authority shall be held as soon thereafter as is reasonably practicable, and the commencement of the initial terms of office shall be delayed accordingly. If the first election provided for in Section 2.02 of this Act occurs after the Tuesday following the first Monday in November, 2012, the city council shall be authorized to delay the dates otherwise specified in Section 6.03 of this Act.

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SECTION 6.05. Governor's Commission.

After the approval of this Act in the referendum as provided in Section 6.02, the Governor's Commission on Brookhaven shall be appointed pursuant to subsection (g) of Code Section 36-31-8 of the O.C.G.A. All five interim representatives on such commission shall be residents of the area encompassed by the City of Brookhaven and shall meet any qualifications contained in subsection (g) of Code Section 36-31-8 of the O.C.G.A. The five interim representatives shall include at least one representative who resides in each council district. The Governor shall appoint one of the interim representatives as the chairperson who shall preside at meetings of the commission. All meetings of the commission shall be subject to Chapter 14 of Title 50 of the O.C.G.A. regarding open and public meetings, as it now exists or is subsequently amended. After the qualifying period ends for the initial members of the governing authority, but prior to the election for such initial members, the commission shall conduct a training seminar for all of the qualified candidates for mayor and city council on the duties, responsibilities, obligations, and laws regarding service on a municipal governing authority. For the presentation of such seminar, the commission is authorized to enlist the assistance of the Georgia Municipal Association, the Carl Vinson Institute of Government of the University of Georgia, and similar organizations. The commission shall, in addition to conducting such seminar and performing its other duties prescribed in subsection (g) of Code Section 36-31-8 of the O.C.G.A., prepare and present a written report to the new mayor and city council on the following matters:
(1) Backgrounds and qualifications of possible candidates for the positions of city manager, city attorney, city clerk, and city accountant; (2) A proposed plan for cost-effectively privatizing the delivery of as many city services as practicable based upon the best practices of other municipalities; and (3) Possible locations and pricing for leased city office facilities. Such report shall be made public via the Internet on the day immediately following the general election date of the mayor and city council and shall be delivered to the newly elected mayor and city council. The commission shall stand dissolved when the members of the first city council take office.

SECTION 6.06. Severability.

In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had

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known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

SECTION 6.07. Effective date.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. The boundaries of the proposed City of Brookhaven shall become effective upon the effective date of this Act for the purposes of annexation of territory by other municipalities and no portion of the territory within the proposed City of Brookhaven shall be subject to annexation as of the effective date of this Act. If the referendum provided for in Section 6.02 fails, then such boundaries shall cease to exist and shall be subject to annexation by other municipalities.

SECTION 6.08. Repealer.

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

APPENDIX A LEGAL DESCRIPTION CORPORATE LIMITS CITY OF BROOKHAVEN, DEKALB COUNTY, GEORGIA

Commence at a point on the land lot line common to Land Lot 6 of the 17th District of Fulton County, Georgia and Land Lot 154 of the 18th District of DeKalb County, Georgia, where said land lot line intersects with the northerly right-of-way line of the Northeast Expressway (inclusive of access roads) (a/k/a Interstate I-85); thence running north along the land lot lines dividing Fulton and DeKalb Counties following the easterly boundaries of the City of Atlanta and the City of Sandy Springs, respectively, (including any deviations from said land lot line to the extent that boundary of the City of Atlanta crosses into DeKalb County, Georgia as of the date of this description) to a point on the land lot line common to Land Lot 17 of the 17th District of Fulton County, Georgia, and Land Lot 329 of the 18th District of DeKalb County where said land lot line intersects with the southerly boundary of the City of Dunwoody, Georgia, and the southerly right-of-way line of the Perimeter Highway (a/k/a I-285); thence running northeasterly and easterly along said southerly right-of-way line following the southerly boundary of the City of Dunwoody, Georgia, to a point in Land Lot 345 of the 18th District of DeKalb County, Georgia, where said southerly right-of-way line and the southerly border of the City of Dunwoody, Georgia intersect with the westerly right-of-way line of Chamblee Dunwoody Road and the boundary of the City of Chamblee, Georgia; thence following said westerly right-of-way line running

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southerly following the westerly boundary of the City of Chamblee, Georgia to a point in Land Lot 308 of the 18th District of DeKalb County, Georgia, where said westerly right-of-way line intersects with the northerly right-of-way line of Harts Mill Road; thence running southwesterly, northwesterly and southwesterly along said right-of-way line following the boundary of the City of Chamblee, Georgia, to the point where said right-of-way line intersects with the land lot line common to Land Lots 306 and 307 in the 18th District of DeKalb County, Georgia; thence leaving said right-of-way line, following said land lot line south along the westerly boundary of the City of Chamblee, Georgia, to a point where the land lot line common to Land Lots 277 and 278 of the 18th District of DeKalb County, Georgia, intersects with the northerly right-of-way line of Peachtree Road (f/k/a Peachtree Industrial Boulevard); thence leaving said land lot line running southwesterly along said northerly right-of-way line of Peachtree Road for a distance of 1250 feet, more or less to a point following the boundary of the City of Chamblee, Georgia, as described in Article 1, Section 2.6 of the Charter of the City of Chamblee, Georgia (1967 Annexation); thence leaving said northerly right-of-way line following the boundary of the City of Chamblee, Georgia, following the boundary being described in Article 1, Section 2.8 of the Charter of the City of Chamblee, Georgia (1978 Annexation), easterly to a point where said boundary intersects with the land lot line common to Land Lots 277 and 278 of the 18th District of DeKalb County; thence continuing along the boundary of the City of Chamblee, Georgia, southerly and easterly to the point where said boundary intersects with the right-of-way of 8th Street; thence running easterly along the right-of-way of 8th Street, following the boundary of the City of Chamblee, to the intersection of said right-of-way and the City of Chamblee boundary with the westerly right-of-way line of Clairmont Road; thence running due east across said right-of-way to the easterly right-of-way line of Clairmont Road; thence running southerly following the easterly right-of-way line of Clairmont Road to a point at the intersection of said easterly right-of-way line and the northerly right-of-way line of the Northeast Expressway (inclusive of access roads) (a/k/a Interstate I-85) in Land Lot 196 of the 18th District of DeKalb County, Georgia; thence following said northerly right-of-way line southwest to the POINT OF BEGINNING. All right-of-way and boundary descriptions shall be as of the date of the passage of this legislation.

APPENDIX B LEGAL DESCRIPTION CITY COUNCIL DISTRICTS CITY OF BROOKHAVEN, DEKALB COUNTY, GEORGIA

Plan: BHccR2-2012 Plan Type: Local Administrator: H080 User: Gina

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District 001 DeKalb County VTD: 089AG - ASHFORD DUNWOOD 021101: 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1030 1031 1032 021209: 3010 VTD: 089AH - ASHFORD PARKSIDE VTD: 089MU - MONTGOMERY ELEM VTD: 089NA - NANCY CREEK ELEM 021202: 1010 1013 1014 1015 1027 1028 2012

District 002 DeKalb County VTD: 089AB - ASHFORD PARK ELEMENTARY VTD: 089BE - BRIARWOOD 021405: 3013 021413: 1014 1015 1016 1018 VTD: 089BI - BROOKHAVEN 021411: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 2001 2004 2005 2006 VTD: 089SE - SILVER LAKE 021102: 1004 2020 3006 4018 021209: 3011 3016 VTD: 089SF - SKYLAND 021405: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 3000 3001 3002 021412: 2013 2016 2017 2018 2019 2020 2021 2022 2024 021413: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1017 2000 2001 2002

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District 003 DeKalb County VTD: 089AG - ASHFORD DUNWOOD 021102: 3000 VTD: 089BE - BRIARWOOD 021405: 2012 2021 3012 3014 3015 3016 3017 3018 3019 3020 021416: 1000 1001 1002 1003 1004 1005 1006 VTD: 089BI - BROOKHAVEN 021405: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2013 2014 2015 2016 2017 2018 2019 2020 2022 2023 3003 3004 3005 3006 3007 3008 3009 3010 3011 VTD: 089CO - CROSS KEYS HIGH 021415: 1000 1001 1002 1003 1004 1005 1006 1007 1008 2000 2001 2002 2003 2004 2005 2006 2008 2009 2010 VTD: 089SE - SILVER LAKE 021102: 1000 1001 1002 1003 1005 1006 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 3001 3002 3003 3004 3005 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4019 4020 4021
District 004 DeKalb County VTD: 089BE - BRIARWOOD 021416: 2000 2001 2002 2003 VTD: 089CO - CROSS KEYS HIGH 021415: 2007 021416: 2004 2005 021417: 3000 3001 3002 3003 3004

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VTD: 089MJ - MONTCLAIR ELEM 021414: 1000 1001 1002 1003 1004 1005 1006 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 021417: 2000 2001 2002 2003 2004 2005 2009 2017 021603: 2000 2007 VTD: 089WJ - WOODWARD ELEM

APPENDIX C

CERTIFICATE AS TO MINIMUM STANDARDS FOR INCORPORATION OF A NEW MUNICIPAL CORPORATION

I, Representative Mike Jacobs, Georgia State Representative from the 80th District and the author of this bill introduced at the 2011 session of the General Assembly of Georgia, which grants an original municipal charter to the City of Brookhaven, do hereby certify that this bill is in compliance with the minimum standards required by Chapter 31 of Title 36 of the O.C.G.A. in that the area embraced within the original incorporation in this bill is in all respects in compliance with the minimum standards required by Chapter 31 of Title 36 of the O.C.G.A. This certificate is executed to conform to the requirements of Code Section 36-31-5 of the O.C.G.A.

So certified this ____ day of __________, 2012.

____________________________________ Honorable Mike Jacobs Representative, 80th District Georgia House of Representatives

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 Brookhaven; 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

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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 judges 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; 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

Sworn to and subscribed before me, this 31st day of March 2011.

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

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Approved April 16, 2012.

__________

COBB COUNTY BOARD OF EDUCATION; REDISTRICTING; MANNER OF ELECTION; TERMS OF OFFICE; QUALIFICATIONS AND COMPENSATION; CHAIRPERSON AND VICE CHAIRPERSON.

No. 622 (House Bill No. 1208).

AN ACT

To amend an Act providing for the election of members of the Board of Education of Cobb County, approved March 28, 1974 (Ga. L. 1974, p. 3516), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3728), so as to change the description of the education districts of such board; to provide for definitions and inclusions; to provide for qualifications, compensation, and chairpersons and vice chairpersons; to provide for elections; to provide for terms; to provide for submissions; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act providing for the election of members of the Board of Education of Cobb County, approved March 28, 1974 (Ga. L. 1974, p. 3516), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3728), is amended by revising subsections (a), (b), and (c) of Section 2 to read as follows:

"SECTION 2. (a)(1) For the purpose of electing members of the Board of Education of Cobb County, the Cobb County School District is divided into seven education districts. The seven education districts shall be composed of and correspond to those seven numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: cobbsb-SenAmd-p3-2012 Plan Type: Local Administrator: CobbSB User: bak'. (2)(A) When used in such attachment, the term 'VTD' (voting tabulation district) 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. (B) The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the

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State of Georgia. Any part of Cobb County School District which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (C) Any part of Cobb 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 2010 for the State of Georgia. (D) Except as otherwise provided in the description of any education district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2010 for the State of Georgia. (3) Education Districts 1, 2, 3, 4, 5, 6, and 7, as those districts existed immediately prior to the date this subsection becomes effective in 2012, shall continue to be designated as Education Districts 1, 2, 3, 4, 5, 6, and 7, respectively, but as newly described under this subsection. On and after the date this subsection becomes effective in 2012, those members of the board of education serving from those education districts shall be deemed to be serving from and representing their respective districts as newly described under this subsection. (4) Those members of the board representing Education Districts 1, 3, 5, and 7 on the date this paragraph becomes effective in 2012, and any person selected to fill a vacancy in such position, shall continue to serve out their respective terms of office, which shall expire December 31, 2012, and until their respective successors are elected from newly described districts as provided in paragraph (1) of subsection (a) of this section and are qualified. Those members of the board representing Education Districts 2, 4, and 6 on the date this paragraph becomes effective in 2012, and any person selected to fill a vacancy in such position, shall continue to serve out their respective terms of office, which shall expire December 31, 2014, and until their respective successors are elected from newly described districts as provided in paragraph (1) of subsection (a) of this section and are qualified. (b) There shall be elected to the Board of Education of Cobb County one member from each education district. To be eligible for membership on the board to represent an education district, a person must reside in the education district which he or she represents. Each member shall be elected only by the voters of that education district voting for such office and not by the voters of the entire county. No person residing within the territory embraced within an independent school system shall be eligible to vote in an election for members of the board, nor shall any such person be eligible to serve on the board. In order to be eligible as a member of the Cobb County Board of Education, a candidate must be a resident of the education district from which he or she offers, must be a citizen of the United States of America, must have been a resident of the Cobb County School District

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

for at least 12 months immediately preceding the date of the election, and must be a qualified elector of Cobb County. (c) The first general election at which members of the board of education are elected from Education Districts 1, 3, 5, and 7, as newly described in subsection (a) of this section, shall be that election conducted in 2012. The first general election at which members of the board of education are elected from Education Districts 2, 4, and 6, as newly described in subsection (a) of this section, shall be that election conducted in 2014. Successors to members of the board whose terms of office are to expire shall be elected at the general election immediately preceding the expiration of such terms and shall take office the first day of January immediately following that election for terms of four years and until their successors are elected and qualified."

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

SECTION 3. 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.

Plan: cobbsb-SenAmd-p3-2012 Plan Type: Local Administrator: CobbSB User: bak

District 001 Cobb County VTD: 067AC1A - ACWORTH 1A VTD: 067AC1B - ACWORTH 1B VTD: 067AC1C - ACWORTH 1C VTD: 067BK01 - BAKER 01 030106: 1001 1002 1004 1005 1012 1014 1016 1020 2001 2004 2008 2010 2011

GEORGIA LAWS 2012 SESSION
030107: 1010 2000 2001 2002 2003 2004 2005 2006 2007 2008 2013 2015 2016 030226: 1007 1008 1009 1011 1012 2000 2001 2003 2005 2006 2011 2014 2015 VTD: 067CH02 - CHEATHAM HILL 02 030230: 2070 2074 2075 2076 2077 2078 2079 030231: 1000 1001 1002 1003 1004 1005 1006 1007 1008 2000 2001 2010 2011 2014 030602: 1008 1025 1027 1029 1031 1032 1039 1041 1043 VTD: 067DU01 - DURHAM 01 VTD: 067FR01 - FORD 01 030219: 4004 4005 4006 4007 4008 4009 4010 4011 4014 4015 VTD: 067FY01 - FREY 01 VTD: 067HR01 - HARRISON 01 030218: 2005 2006 2007 2008 2009 2010 2011 2012 2014 2015 2016 2017 2018 2019 030239: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1011 1012 1013 VTD: 067HY01 - HAYES 01 VTD: 067KE2A - KENNESAW 2A 030227: 3037 3044 030229: 1031 1032 1033 1035 030230: 1001 1007 1008 1009 1010 1011 1012 1013 1014 1016 1017 1020 1021 1022 1023 1024 1025 1039 1057 1058 1059 1060 1062 1063 1065 1066 1067 1068 1069 1079 1082 1098 2025 2027 VTD: 067KE2B - KENNESAW 2B VTD: 067KE4A - KENNESAW 4A VTD: 067KE5A - KENNESAW 5A VTD: 067KE5B - KENNESAW 5B VTD: 067LM04 - LOST MOUNTAIN 04

5573

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

VTD: 067LW01 - LEWIS 01 VTD: 067ML01 - MCCLURE 01 VTD: 067MS01 - MARS HILL 01 VTD: 067MS02 - MARS HILL 02 VTD: 067NC01 - NORTH COBB 01 VTD: 067PM01 - PINE MOUNTAIN 01 VTD: 067PM02 - PINE MOUNTAIN 02

District 002 Cobb County VTD: 067BR01 - BIRNEY 01 VTD: 067BR02 - BIRNEY 02 VTD: 067DI01 - DOBBINS 01 030800: 2045 2046 2049 2057 3041 3043 3044 3046 3047 3048 3049 3052 031001: 2001 2002 2003 2005 2006 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 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 2057 2058 2059 2060 2061 2062 2063 2064 2065 2077 2078 2087 2089 2098 2099 2100 2101 031108: 1000 1001 1002 1004 1007 1009 1012 1013 1015 1021 1024 1029 1033 1035 1036 1038 1039 1041 1043 1047 1050 2002 3008 3009 3013 3015 3025 3030 3032 3033 3034 3036 4005 4006 4011 4014 4015 4018 4019 4023 031113: 1015 VTD: 067FO02 - FAIR OAKS 02 031005: 1015 1027 1028 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 VTD: 067FO03 - FAIR OAKS 03 031004: 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2021 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3014 3016 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013

GEORGIA LAWS 2012 SESSION
VTD: 067FO04 - FAIR OAKS 04 031004: 1003 1005 1006 1007 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 2000 2001 2002 2014 2015 2016 2017 2018 2019 2020 3000 3001 3002 3013 3015 VTD: 067FO05 - FAIR OAKS 05 031001: 1027 1028 1029 1030 1031 1032 1034 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3024 3025 3028 031108: 1020 VTD: 067LI01 - LINDLEY 01 VTD: 067MA03 - MABLETON 03 VTD: 067MA04 - MABLETON 04 VTD: 067NJ01 - NICKAJACK 01 031206: 1040 1044 2000 2001 2002 2003 2004 2014 3014 3017 3018 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3034 3035 3036 3037 3042 3044 3045 3068 3069 3070 3071 3072 3073 3075 3076 3078 3079 3080 3081 3082 3083 3084 3090 3097 VTD: 067NP01 - NORTON PARK 01 VTD: 067NP02 - NORTON PARK 02 VTD: 067OK01 - OAKDALE 01 VTD: 067SN2B - SMYRNA 2B 031001: 2056 031108: 3000 3001 3002 3003 3004 3005 3006 3007 3010 3011 3012 3014 3016 3017 3018 3019 3020 3021 3022 3023 3024 3031 3035 4004 4008 VTD: 067SN3A - SMYRNA 3A VTD: 067SN4A - SMYRNA 4A VTD: 067SN5A - SMYRNA 5A VTD: 067SN6A - SMYRNA 6A VTD: 067SN7A - SMYRNA 7A VTD: 067SN7B - SMYRNA 7B VTD: 067SN7C - SMYRNA 7C

5575

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

VTD: 067VG03 - VININGS 03 031205: 1002 1003 1006 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1049 1050 1051 1055 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018

District 003 Cobb County VTD: 067AU1A - AUSTELL 1A VTD: 067BT01 - BRYANT 01 VTD: 067BT02 - BRYANT 02 VTD: 067CL01 - CLARKDALE 01 VTD: 067CL02 - CLARKDALE 02 VTD: 067CO01 - COOPER 01 031405: 5009 5010 5011 5012 5013 5014 5015 5016 5018 5019 5020 5021 031409: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1013 1014 1022 1023 031507: 1014 2005 2007 2008 2012 2013 2015 2016 2019 2020 2021 2023 2024 2025 2027 2028 2029 VTD: 067HL01 - HARMONY-LELAND VTD: 067MA01 - MABLETON 01 VTD: 067MA02 - MABLETON 02 VTD: 067MC01 - MACLAND 01 031506: 2001 2006 2007 031507: 1004 1013 1016 VTD: 067ME01 - MCEACHERN 01 031505: 1003 3014 3015 3016 3021 3026 031508: 2027 2032 2033 2034 2035 2036 2038 2040 2042 2043 2045 2051 2055 031509: 5003 5004 5005 5007

GEORGIA LAWS 2012 SESSION
VTD: 067OR02 - OREGON 02 031405: 5000 5001 5002 5003 5004 5005 5006 5007 5008 VTD: 067OR06 - OREGON 06 031405: 2012 2013 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 VTD: 067PE01 - PEBBLEBROOK 01 VTD: 067PE02 - PEBBLEBROOK 02 VTD: 067PS1A - POWDER SPRINGS 1A VTD: 067PS2A - POWDER SPRINGS 2A VTD: 067PS3A - POWDER SPRINGS 3A VTD: 067RS01 - RIVERSIDE 01 VTD: 067SW01 - SWEETWATER 01 VTD: 067SW02 - SWEETWATER 02 VTD: 067SW04 - SWEETWATER 04 VTD: 067SW05 - SWEETWATER 05
District 004 Cobb County VTD: 067AD01 - ADDISON 01 VTD: 067BF01 - BELLS FERRY 01 VTD: 067BF02 - BELLS FERRY 02 VTD: 067BF03 - BELLS FERRY 03 VTD: 067BG01 - BIG SHANTY 01 VTD: 067BG02 - BIG SHANTY 02 VTD: 067BK01 - BAKER 01 030226: 1000 1002 1003 1004 1005 1006 1019 1022 1023 1029 030227: 1001 VTD: 067BW01 - BLACKWELL 01 VTD: 067CK01 - CHALKER 01 VTD: 067CK02 - CHALKER 02 VTD: 067EL01 - ELIZABETH 01 VTD: 067EL02 - ELIZABETH 02 VTD: 067EP01 - EAST PIEDMONT 01 VTD: 067GT01 - GRITTERS 01 VTD: 067KE1A - KENNESAW 1A

5577

5578

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

VTD: 067KE2A - KENNESAW 2A 030229: 1036 1048 1049 1052 030230: 1040 1042 1043 1045 1046 1047 1048 1049 1083 1085 2001 2002 2006 2007 2008 2009 2010 2011 2012 2013 2016 2018 2019 2020 VTD: 067KE3A - KENNESAW 3A VTD: 067KL01 - KELL 01 VTD: 067KY01 - KEHELEY 01 VTD: 067LA01 - LASSITER 01 030314: 1004 1008 2003 2004 2005 2006 2007 2008 2009 2010 2011 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 VTD: 067MK01 - MCCLESKEY 01 VTD: 067NS01 - NICHOLSON 01 VTD: 067PR01 - PALMER 01 VTD: 067PT01 - PITNER 01 VTD: 067RM02 - ROCKY MOUNT 02 VTD: 067SI01 - SIMPSON 01 030314: 1001 1002 1005 1006 1007 VTD: 067SY01 - SPRAYBERRY 01 VTD: 067WG01 - WADE GREEN 01 VTD: 067WG02 - WADE GREEN 02

District 005 Cobb County VTD: 067CR01 - CHESTNUT RIDGE VTD: 067DI01 - DOBBINS 01 030412: 2007 2009 2011 2012 3001 3002 3004 3007 3008 3009 3011 3012 3013 3015 3016 3017 3018 3019 030414: 2017 2018 2020 2021 2022 2027 2058 2059 2060 2061 2062 2063 VTD: 067DO01 - DODGEN 01 030330: 3000 3020 030332: 1004 1005 1008 1009 1010 1011 1012 1013 VTD: 067DV01 - DAVIS 01

GEORGIA LAWS 2012 SESSION
VTD: 067EA01 - EASTSIDE 01 030333: 1008 1009 1013 1014 1015 1016 1017 2000 2001 2002 2003 2004 2009 2010 2017 3000 3004 3005 3006 3007 VTD: 067EC01 - EAST COBB 01 VTD: 067EL03 - ELIZABETH 03 VTD: 067EL04 - ELIZABETH 04 VTD: 067EL05 - ELIZABETH 05 VTD: 067EL06 - ELIZABETH 06 VTD: 067FP01 - FULLERS PARK 01 030332: 2016 2017 030333: 1000 1001 1002 1003 1004 1005 1006 1007 3001 3002 3003 3008 VTD: 067GM01 - GARRISON MILL 01 VTD: 067HT01 - HIGHTOWER 01 VTD: 067LA01 - LASSITER 01 030314: 1019 1020 1021 1022 1023 1024 VTD: 067MB01 - MABRY 01 VTD: 067MD01 - MURDOCK 01 VTD: 067PF01 - POWERS FERRY 01 VTD: 067PO01 - POST OAK 01 VTD: 067PP01 - POPE 01 VTD: 067RM01 - ROCKY MOUNT 01 VTD: 067RW01 - ROSWELL 01 VTD: 067RW02 - ROSWELL 02 030331: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 030336: 1000 1001 1002 1003 1007 1017 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 VTD: 067SA01 - SANDY PLAINS 01 VTD: 067SF01 - SHALLOWFORD FALLS VTD: 067SI01 - SIMPSON 01 030314: 1000 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 VTD: 067SM01 - SEWELL MILL 01 VTD: 067SM03 - SEWELL MILL 03 030409: 1007 1008 1009 1010

5579

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

030410: 1031 1033 1036 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2021 2022 030504: 1011 030505: 1000 1001 1003 1004 1006 1007 1008 1011 1014 1020 2007 2010 2011 2016 2023 2024 2025 2026 2027 2028 2029 2030 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3021 3024 3025 3026 3031 3034 4023 4024 4025 4026 4027 4033 4034 VTD: 067SM04 - SEWELL MILL 04 VTD: 067SM05 - SEWELL MILL 05 030409: 1000 1001 1002 1003 1004 1005 1006 1011 1012 1013 1022 1023 1024 2000 2001 2002 2003 2004 2005 2006 2007 2008 VTD: 067SP01 - SEDALIA PARK 01 VTD: 067TT01 - TRITT 01 VTD: 067WL01 - WILLEO 01

District 006 Cobb County VTD: 067BY01 - BRUMBY 01 VTD: 067CA01 - CHATTAHOOCHEE 01 VTD: 067DC01 - DICKERSON 01 VTD: 067DI01 - DOBBINS 01 030339: 1003 030344: 2004 2005 2008 2012 2013 2014 2017 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 030345: 1001 1002 1003 1004 1005 1006 1008 1009 1010 1011 1018 1022 1023 1024 1025 1035 1037 1042 1046 1047 1048 1049 1050 1051 1053 1054 1055 1056 1057 1058 1059 1061 1066 030413: 1017 1018 030414: 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1027 1029 1030 2005 2009 2029 2030 2031 2032

GEORGIA LAWS 2012 SESSION
031113: 1005 1016 031114: 2002 2005 031207: 1000 031208: 1001 1002 1015 1023 VTD: 067DO01 - DODGEN 01 030332: 1000 1001 1002 1003 1006 1007 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2019 VTD: 067EA01 - EASTSIDE 01 030333: 2005 030334: 1000 1001 1002 1003 1004 1005 1006 VTD: 067EV01 - EAST VALLEY 01 VTD: 067FP01 - FULLERS PARK 01 030332: 2013 2014 2015 2018 VTD: 067MT01 - MT BETHEL 01 VTD: 067MT02 - MT BETHEL 02 VTD: 067MT03 - MT BETHEL 03 VTD: 067MT04 - MT BETHEL 04 VTD: 067NJ01 - NICKAJACK 01 031205: 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 031206: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3015 3016 3019 3098 3099 VTD: 067RW02 - ROSWELL 02 030336: 1004 1005 1006 1008 1009 1010 1011 1012 1013 1014 1015 1016 1018 VTD: 067SM03 - SEWELL MILL 03 030409: 1014 1015 1016 1017 1018 1019 1020 1025 1026 1027 1028

5581

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

030410: 2015 2016 VTD: 067SM05 - SEWELL MILL 05 030409: 1021 VTD: 067SN1A - SMYRNA 1A VTD: 067SN2A - SMYRNA 2A VTD: 067SN2B - SMYRNA 2B 031114: 1000 2003 2004 2006 2007 2008 2010 2011 2012 2013 2014 2015 2016 2017 2018 VTD: 067SO01 - SOPE CREEK 01 VTD: 067SO02 - SOPE CREEK 02 VTD: 067SO03 - SOPE CREEK 03 VTD: 067TM01 - TERRELL MILL 01 VTD: 067TR01 - TIMBER RIDGE 01 VTD: 067TS01 - TEASLEY 01 VTD: 067VG01 - VININGS 01 VTD: 067VG02 - VININGS 02 VTD: 067VG03 - VININGS 03 031205: 2000 2001 3030 3031 VTD: 067VG04 - VININGS 04

District 007 Cobb County VTD: 067CH02 - CHEATHAM HILL 02 030231: 2002 2003 2004 2005 2006 2007 2008 2009 2012 2013 2015 2016 2017 2018 2019 VTD: 067CH03 - CHEATHAM HILL 03 VTD: 067CO01 - COOPER 01 031507: 1000 1007 2000 2001 2011 2014 VTD: 067DL01 - DOWELL 01 VTD: 067FO01 - FAIR OAKS 01 VTD: 067FO02 - FAIR OAKS 02 031002: 3018

GEORGIA LAWS 2012 SESSION
VTD: 067FO03 - FAIR OAKS 03 031002: 3013 3015 3016 VTD: 067FO04 - FAIR OAKS 04 031002: 1007 1008 1009 1010 1011 1014 1015 1016 1017 1018 1019 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1039 3001 3002 3004 3005 3006 3007 3010 3011 3019 VTD: 067FO05 - FAIR OAKS 05 030902: 2026 2027 2028 2029 2034 031001: 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 1033 1035 VTD: 067FO06 - FAIR OAKS 06 VTD: 067FR01 - FORD 01 030236: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 VTD: 067HR01 - HARRISON 01 030231: 4012 4013 4014 4015 4018 4019 4020 4021 VTD: 067KP01 - KEMP 01 VTD: 067KP02 - KEMP 02 VTD: 067KP03 - KEMP 03 VTD: 067LM01 - LOST MOUNTAIN 01 VTD: 067LM02 - LOST MOUNTAIN 02 VTD: 067LM03 - LOST MOUNTAIN 03 VTD: 067MC01 - MACLAND 01 031503: 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2022 031506: 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1013 1014 1015 1016 031507: 1006 VTD: 067MC02 - MACLAND 02

5583

5584

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

VTD: 067ME01 - MCEACHERN 01 031505: 3000 3001 3002 3003 3006 3010 031508: 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1012 1015 1016 1017 1018 1019 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2014 2015 2018 2019 2020 2021 2022 2023 2024 2046 2047 2048 2049 2050 2056 VTD: 067OR01 - OREGON 01 VTD: 067OR02 - OREGON 02 031405: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 3000 3001 VTD: 067OR03 - OREGON 03 VTD: 067OR04 - OREGON 04 VTD: 067OR05 - OREGON 05 VTD: 067OR06 - OREGON 06 031405: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 VTD: 067RR01 - RED ROCK 01 VTD: 067VA01 - VAUGHAN 01

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2012 session of the General Assembly of Georgia a bill to amend an Act relating to the Board of Education of Cobb County and providing for the election of the members thereof, approved March 3, 1974 (Ga. L. 1974, p. 3516), as amended, particularly by an Act approved May 30, 2003, (Ga. L. 2003, p. 3728), so as to reconstitute the board of education; to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; and for other purposes.

Representative Ed Setzler District 35

GEORGIA LAWS 2012 SESSION GEORGIA, FULTON COUNTY

5585

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Earl Ehrhart, who on oath deposes and says that he is the Representative from District 36 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County on December 16, 2011, and that the notice requirements of Code Section 28-1-14 have been met.

s/ EARL EHRHART Earl Ehrhart Representative, District 36

Sworn to and subscribed before me, this 3rd day of February 2012.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires Aug. 14, 2015 (SEAL)

Approved April 20, 2012.

__________

MUSCOGEE COUNTY SCHOOL DISTRICT SCHOOL SUPERINTENDENT; PUBLIC WORKS CONSTRUCTION CONTRACTS; EMERGENCY CONTRACTS.

No. 623 (House Bill No. 1232).

AN ACT

To amend an Act creating the Muscogee County School District, approved February 25, 1949 (Ga. L. 1949, p. 1086), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 4192), so as to change the maximum amount for which the superintendent of the board of education may make public works construction contracts; to change the maximum amount which may be expended for a public works construction contract without affording free competition; to provide that the superintendent of the board of education in an emergency may make certain contracts other than public works construction contracts; to

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provide for rules and regulations; to provide definitions; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating the Muscogee County School District, approved February 25, 1949 (Ga. L. 1949, p. 1086), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 4192), is amended by revising the first two undesignated paragraphs of Section 11 as follows:
"That the superintendent of the board of education may make public works construction contracts defined as the building, altering, repairing, improving, demolishing, or other improvement of any kind to any school district property, binding said merged school system where the expenditure does not exceed the maximum amount established by the board, and may make contracts, other than public works construction contracts, for supplies, labor, repairs, and other necessary school purposes, binding said merged school system where the expenditure involved does not exceed the maximum amount established by the board. All expenditures for such purposes in excess of such designated amounts must be first authorized by resolution adopted at a regular or special meeting of the board. No public works construction contract involving an expenditure of more than the maximum amount established by the board and no purchase involving a public works construction contract involving an expenditure of more than the maximum amount established by the board shall be made in any case without affording free competition. No public works construction contract shall be entered into by the board without taking the statutory performance bond required of counties and cities by the laws of this state in such cases. That the superintendent of the board of education in the event of an emergency may make contracts, other than public works construction contracts, for supplies, labor, repairs, and other necessary school purposes, binding said merged school system where the expenditure involved exceeds the maximum amount established by the board, and that the board of education by resolution may adopt rules and regulations governing the administration of this paragraph, including specific procedures which the superintendent must follow in exercising these emergency spending powers. As used in this paragraph, the term 'emergency' means an eventuality which cannot reasonably be foreseen and which if not corrected immediately will result in harm to people or property or in economic loss to said merged school system."

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

GEORGIA LAWS 2012 SESSION NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

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Notice is given that there will be introduced at the regular 2012 session of the General Assembly of Georgia a bill to amend an Act creating the Muscogee County School District, approved February 25, 1949 (Ga. L. 1949, p.1086), as amended; and for other purposes.

This the 24th and 29th day of February.

Calvin Smyre Representative, District 132

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Calvin Smyre, who on oath deposes and says that he is the Representative from District 132 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Columbus Ledger-Enquirer which is the official organ of Muscogee County on February 29, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

s/ CALVIN SMYRE Calvin Smyre Representative, District 132

Sworn to and subscribed before me, this 6th day of March 2012.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2015 (SEAL)

Approved April 20, 2012.

__________

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

BLECKLEY COUNTY BOARD OF EDUCATION; REDISTRICTING; MEMBERSHIP; ELIGIBILITY, MANNER OF ELECTION, AND FILLING OF VACANCIES; CHAIRPERSON AND VICE CHAIRPERSON; EXPENSE REIMBURSEMENT; APPOINTMENT OF SCHOOL SUPERINTENDENT.

No. 624 (House Bill No. 1300).

AN ACT

To revise and restate the law relating to the Bleckley County board of education and school superintendent; to provide for 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 reimbursement of expenses; to provide for appointment of the school superintendent; to provide for related matters; to provide for submission of this Act for preclearance under the Voting Rights Act; to provide for effective dates; 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 Bleckley County board of education by virtue of the authority contained in Article VIII, Section V, Paragraph II of the Constitution of Georgia.

SECTION 2. (a) At the general election in 2012 and quadrennially thereafter a total of three members of the Bleckley County board of education shall be elected. One member each shall be elected from School Board Districts 1, 2, and 3 for terms of four years. At the general election in 2014 and quadrennially thereafter two members of the board of education shall be elected. One member each shall be elected from School Board Districts 4 and 5 for terms of four years. A quorum of the board shall be three members. (b) For the purpose of electing members of the board of education of Bleckley County, the Bleckley County School District is divided into five districts. Such districts shall be and correspond to those five numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: bleckleysb-2012 Plan Type: local Administrator: bleckley User: bak'.
(c)(1) When used in such attachment, the term 'VTD' (voting tabulation district) shall mean and describe the same geographical boundaries as provided in the report of the

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Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. (2) The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. Any part of the Bleckley County School District which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (3) Any part of the Bleckley County School District which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (4) Except as otherwise provided in the description of any district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2010 for the State of Georgia.

SECTION 3. (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 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 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 4. 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 for 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

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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 Section 3 of this Act.

SECTION 5. 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 6. 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 7. Each member of the board of education 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.

SECTION 8. The board shall appoint a superintendent of the Bleckley 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 9. The Board of Education of Bleckley County which existed on December 31, 2012, is continued in existence but on and after January 1, 2013, shall be constituted as provided in this Act. The Board of Education of Bleckley County so continued and constituted, sometimes referred to in this Act as the "board," shall continue to have the powers, duties,

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rights, obligations, and liabilities of that board as existed immediately prior to January 1, 2013.

SECTION 10. The Board of Education of Bleckley 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, 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 11. The provisions of this Act relating to and necessary for the regular election in 2012 of members of the Board of Education of Bleckley County shall become effective upon its approval by the Governor or upon its becoming effective without such approval; and this Act shall otherwise become effective January 1, 2013.

SECTION 12. All laws and parts of laws in conflict with this Act are repealed.

Plan: bleckleysb-2012 Plan Type: local Administrator: bleckley User: bak

District 001 Bleckley County VTD: 0231 - FAIRGROUND 790200: 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 1045 1048 1049 1050 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1079 1088 1143 1144 2000 2001 2002 2003 2041 2048 2049 2050 2051 2052 2053 2054 2055 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 790300: 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1096 1098 1100 1102 1103 1104 1105

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

1106 1107 1108 1109 1110 1111 1112 1114 1115 1116 1117 1118 1119 1120 1121 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 4017 4018 4048 4049 4050

District 002 Bleckley County VTD: 0231 - FAIRGROUND 790100: 2073 2075 2076 2077 2079 2097 790200: 1043 1044 1046 1047 1051 1080 1086 1087 1089 1090 1091 1093 1094 1095 1096 1097 1099 1100 1101 1102 1103 1104 1105 1106 1110 1111 1112 1113 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 1139 1140 1141 1142 1145 1146 1147 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 2042 2043 2044 2045 2046 2047 2056 2057 790300: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3016 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3033 3034 3038 3063 3064 3065 3066 3067 3068 3074 3075 3102 4000 4001 4002 4003 4004 4022 4023 4024

District 003 Bleckley County VTD: 0231 - FAIRGROUND 790100: 2065 2066 2067 2068 2069 2070 2074 2078 2080 2081 2090 2095 2096 2102 2103 2104 2105 2106 2114 2119 790300: 1004 3015 3017 3018 3019 3031 3032 3035 3036 3037 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3069 3070 3071 3072 3073 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 3093 3094 3095 3096 3097 3098 3099 3100 3101 3103 3104 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4019 4020 4021 4025 4026

GEORGIA LAWS 2012 SESSION
4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4051
District 004 Bleckley County VTD: 0231 - FAIRGROUND 790100: 2005 2006 2007 2009 2013 2014 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2082 2083 2084 2085 2086 2087 2088 2089 2091 2092 2093 2094 2098 2099 2100 2101 2107 2108 2109 2110 2111 2112 2113 2115 2116 2117 2118 2120 2121 2122 2123 2124 2125 2126 2127 2128 2129 2130 2131 2132 790300: 1000 1001 1002 1003 1005 1006 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1089 1090 1091 1092 1093 1094 1095 1097 1099 1101 1113 1122 1123
District 005 Bleckley County VTD: 0231 - FAIRGROUND 790100: 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 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 2000 2001 2002 2003 2004 2008 2010 2011 2012 2015 2016 2017 2071 2072 790200: 1076 1077 1078 1081 1082 1083 1084 1085 1092 1098 1107 1108 1109

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

Notice is given that there will be introduced at the regular 2012 session of the General Assembly of Georgia a bill to revise and restate the law relating to the Bleckley County board of education and school superintendent; to provide for 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 reimbursement of expenses; to provide for appointment of the school superintendent; to provide for related matters; to provide for submission of this Act for preclearance under the Voting Rights Act; to provide for effective dates; to repeal conflicting laws; 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 Cochran Journal which is the official organ of Bleckley County on March 13, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

s/ JIMMY PRUETT Jimmy Pruett Representative, District 144

Sworn to and subscribed before me, this 20th day of March 2012.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires Aug. 14, 2015 (SEAL)

Approved April 20, 2012.

__________

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CITY OF MACON, CITY OF PAYNE CITY, AND BIBB COUNTY CONSOLIDATION; REFERENDUM.

No. 625 (House Bill No. 1171).

AN ACT

To provide for the restructuring of the governments of the City of Macon, the City of Payne City, and Bibb County; to create and incorporate a new political body corporate under the name Macon-Bibb County; to provide for the status, boundaries, and powers of the restructured government; to provide for the form, administration, and affairs of the restructured government; to provide for officers and employees, elections, courts, authorities, taxation, and finance; to provide for related matters; to provide for severability; 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. (a) The governmental and corporate powers, duties, and functions now vested in the City of Macon, a municipal corporation created by an Act of the General Assembly, approved March 23, 1977 (Ga. L. 1977, p. 3776), as amended, are restructured with the governmental and corporate powers, duties, and functions of the County of Bibb and the City of Payne City, such restructuring of the governments of the City of Macon, the City of Payne City, and the County of Bibb being pursuant to the constitutional power granted by Article IX, Section III, Paragraph II of the Constitution of Georgia, as amended. Said restructuring shall result in the establishment of a single county-wide government with powers and jurisdiction throughout the territorial limits of Bibb County, which single government shall supersede and replace the governments of the City of Macon, the City of Payne City, and the County of Bibb, and, to the extent provided in this charter, shall also supersede and replace any public authorities and special service districts located and operating within Bibb County. Said county-wide government shall be a new political entity, a body politic and corporate, and a political subdivision of the State of Georgia, to be known as "Macon-Bibb County" (in this charter at times called "the restructured government"), having all of the governmental and corporate powers, duties, and functions heretofore held by and vested in the City of Macon, the City of Payne City, and Bibb County, and also the powers, duties, and functions provided in this charter. The restructured government shall be a public corporation; shall have perpetual existence; shall, without the necessity or formality of a deed, bill of sale, or other instrument of transfer, own, possess, and hold all properties of whatsoever kind or nature, assets, contracts, franchises, things, rights, privileges, immunities, and real and personal property theretofore owned, possessed, enjoyed, or held by the City of Macon, the

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City of Payne City, and the County of Bibb; by the name of Macon-Bibb County shall be able to contract and be contracted with, sue and be sued as provided by this charter, plead and be impleaded in all courts of this state, and do all other acts relating to its corporate capacity; and shall be able in law and equity to purchase, have and hold, receive, enjoy, accept, possess, and retain for the use and benefit of said Macon-Bibb County, in perpetuity or for any term of years, any estate or estates, real or personal, lands, tenements, or hereditaments of whatsoever kind or nature inside or outside the territorial limits of the restructured government, as may be devised, bequeathed, sold, or by any manner conveyed or dedicated to or otherwise acquired by the restructured government and to use, manage, improve, sell and convey, rent, or lease same; and to have and use a common seal. From and after the effective date of this charter, the political subdivision known as Bibb County, Georgia, and the municipal corporations known as the City of Macon and the City of Payne City shall be merged into the said new political entity created in this charter. (b) The territory embraced in the restructured government shall be the total area of Bibb County, as the same may be now or hereafter fixed and established by law. Any portion of the City of Macon as it exists on December 31, 2013, which extends in to any other county shall not be included in the territory of the restructured government and shall on January 1, 2014, become unincorporated land of the county in which it is located.

SECTION 2. (a) The restructured government shall have and be vested with, to the same extent as if repeated in this charter, all rights, powers, duties, privileges, and authority that the City of Macon, the City of Payne City, or Bibb County, or all collectively, have under the Constitution and general and special laws of Georgia at the time of the adoption of this charter, except as expressly modified in this charter. (b) In addition to the foregoing, the restructured government shall have all rights, powers, duties, privileges, and authority conferred or enlarged by this charter, and such other rights, powers, duties, privileges, and authority as may be necessary and proper for carrying the same into execution, and also all rights, powers, duties, privileges, and authority, whether express or implied, that may now be vested in or hereafter granted to counties or municipal corporations, or both, by the Constitution and laws of this state, including the powers vested in the restructured government by this charter. (c) The restructured government, in addition to the rights, duties, powers, privileges, and authority expressly conferred upon it by this charter, shall have the right, duty, power, privilege, and authority to exercise and enjoy all other powers, duties, functions, rights, privileges, and immunities necessary and proper to promote or protect the safety, health, peace, security, and general welfare of said government and its inhabitants and to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully enumerated in this charter and to do and perform all of the acts pertaining to its local affairs, property, and government that are necessary or

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proper in the legitimate exercise of its corporate powers and governmental duties and functions. (d) No enumeration of any right, power, privilege, or authority hereinafter made shall be construed as limiting or abolishing any right, power, privilege, or authority set forth in this charter. (e) No repeal of any law under which the restructured government derives any right, power, privilege, or authority, except by amendment of this charter as provided in this charter, shall be construed as limiting or abolishing any such right, power, privilege, or authority set forth in this charter. (f) The general laws of the State of Georgia of a criminal nature shall be applicable to and within the limits of the restructured government. General laws of local application through classification by population, not in conflict with this charter:
(1) Which on the effective date of this charter apply to the City of Macon or Bibb County shall be applicable to the restructured government; and (2) Which apply to the restructured government as either a city or a county at the time of their enactment or thereafter shall be effective, but those which did not apply to the City of Macon or Bibb County or the restructured government at the time of their enactment shall not become applicable to the restructured government except through the adoption of a resolution to that effect by the commission. (g) Local Acts of the State of Georgia which apply specifically to Bibb County, the City of Payne City, or the City of Macon, or all collectively, shall be applicable to the restructured government. (h) In construing the applicability of provisions of the Constitution and the general laws of Georgia which apply in general terms to either counties or municipalities, or both, and local Acts of the General Assembly that apply specifically to Bibb County, the City of Payne City, or the City of Macon, or all collectively, the following terms as used in such laws shall be construed to include the restructured government as follows: (1) "City," "town," "municipal corporation," or "municipality" shall be construed to nclude Macon-Bibb County; (2) "County" shall be construed to include Macon-Bibb County; (3) "Commissioners of roads and revenues" and "board of county commissioners" shall be construed to include the commission of Macon-Bibb County; (4) "Council," "mayor and council," "aldermen," and "board of aldermen" shall be construed to include the commission of Macon-Bibb County, Georgia; and (5) Any other terms and provisions as used in such Acts to refer specifically to Bibb County or the City of Macon, or both, and the officers, employees, departments, and agencies thereof shall be construed to mean Macon-Bibb County and its officers, employees, departments, and agencies. (i) In construing the applicability of laws in force to the restructured government, the following order shall prevail: (1) The Constitution of the State of Georgia;

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(2) The general laws of uniform application now in force or hereafter enacted by the General Assembly, as distinguished from general laws of local application through classification by population, applicable to municipal corporations or counties, or both; (3) The general laws of local application through classification by population as and to the extent provided in subsection (a) of this section; (4) Special laws applicable to Bibb County, not in conflict with this charter; (5) Special laws applicable to the City of Macon, not in conflict with this charter; (6) Special laws applicable to the City of Payne City, not in conflict with this charter; (7) This charter and all ordinances and resolutions passed pursuant thereto; and (8) Existing ordinances and resolutions of the former City of Macon and City of Payne City and existing ordinances and resolutions of the former County of Bibb not in conflict with this charter. (j) The tort and nuisance liability of the restructured government shall follow the law and rules of tort liability applicable to counties in Georgia. (k) For purposes of all applicable laws, the restructured government shall constitute a municipality and a county, or both. Except as otherwise provided by this charter, if a law applicable to municipalities and the same or another law applicable to counties are in conflict, the law applicable to municipalities shall prevail; provided, however, that the redistricting of commission districts shall be accomplished solely by local law. (l) The restructured government shall have the power and authority to participate in, cooperate in, and take all necessary action with respect to any and all projects, programs, and undertakings of any nature authorized by any statute, rule, or regulation of the United States, the State of Georgia, or any federal or state agency or instrumentality, including, but not limited to, community development, highways, aviation, aviation terminals, airports, airport facilities, municipal area or regional development, sewer and sewage disposal, public housing, housing for the aged, and transportation or mass transit or any phase thereof; to borrow money and issue promissory notes, general obligation bonds, or revenue bonds, or a combination thereof, for any such purposes in accordance with the provisions of this charter; and to execute mortgages or deeds of trust in favor of any federal agency, secured by property of which the restructured government is the legal or beneficial or equitable owner, or in favor of any private agency where the loan is guaranteed by a federal agency.

SECTION 3. (a) Prior to the effective date of this charter, all powers vested in Bibb County, the City of Macon, or the City of Payne City, or any of their respective officers, agents, or agencies shall remain in full force and effect. Upon such effective date, the board of commissioners of Bibb County, the mayor and council of the City of Macon, the mayor and council of the City of Payne City, and the offices of all members thereof shall stand abolished, and all emoluments appertaining thereto shall cease. Thereupon, the governments of Bibb County, the City of Macon, and the City of Payne City shall terminate as such separate political entities and be merged into the government created by this charter.

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(b) When an agency of the City of Macon, the City of Payne City, or Bibb County is abolished or restructured by this charter, all books, papers, maps, charts, plans, records, other equipment, and personal property in possession of the same shall be delivered to the agency to which its rights, powers, duties, and obligations are transferred. (c) Notwithstanding any other provision of this charter, any officer performing duties under the government of the City of Macon, the City of Payne City, or Bibb County may continue to perform the duties thereof until a successor, whether under the same title of office or another, shall be elected or appointed and qualified to perform the duties, it being the intention of this charter that no duty or service shall lapse or be abandoned because of lack of an officer to perform same.

SECTION 4. (a) All contracts, orders, leases, bonds, and other obligations or instruments entered into by the City of Macon, the City of Payne City, or Bibb County or for its benefit prior to the effective date of this charter shall continue in effect according to the terms thereof as obligations and rights of Macon-Bibb County. (b) No action or proceeding of any nature, whether civil or criminal, judicial or administrative, or otherwise, pending on the effective date of this charter by or against the City of Macon or its departments and agencies, the City of Payne City or its departments and agencies, or Bibb County or its departments or agencies shall be abated or otherwise affected by the adoption of this charter. (c) The departmental organization of the cities existing immediately prior to adoption of this charter shall continue in effect upon the effective date of this charter until such organization is changed or reorganized as provided by ordinance of the commission and administrative regulations consistent therewith. (d) The provisions of this charter notwithstanding, the annual compensation of the mayor and councilmembers of the City of Macon and the City of Payne City for the remainder of their present terms of office shall be the same annual compensation as such officers received in the calendar year immediately preceding the date of adoption of this charter.

SECTION 5. The governing authority of Macon-Bibb County shall consist of a commission of said county composed of a mayor and nine commissioners. Said board is designated as the Macon-Bibb County Commission, referred to in this charter as the "commission." The members of said commission are designated and referred to in this charter as "commissioners." The commission shall exercise and be subject to all of the rights, powers, duties, and obligations imposed by this charter or previously applicable to the governing authorities of the City of Macon, the City of Payne City, and Bibb County and to any general laws, local laws, or constitutional provisions applicable or effective within the former City of Macon, City of Payne City, and Bibb County. The commission shall constitute a county as well as a municipality for the purpose of the application of the general laws and Constitution of this

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state. The commission may exercise the powers vested in the governing authority of the municipality and municipalities generally as well as the powers vested in the former governing authority of the county and counties generally.

SECTION 6. The governing authority shall exercise the jurisdiction, powers, and authorities vested in such body by this charter and perform and discharge the duties, obligations, and responsibilities imposed upon it by law, either directly or through such officers, agents, and employees as it may from time to time ordain, constitute, and appoint in addition to those created and provided for in this charter; and the governing authority shall, except as otherwise provided in this charter, prescribe by ordinances or resolutions the manners and methods in which such jurisdiction, powers, authorities, duties, obligations, and responsibilities shall be exercised, performed, and discharged, and the respective officers, agents, and employees by whom the several portions thereof shall be exercised, performed, and discharged.

SECTION 7. On the effective date of this charter, the operations and employees of the Municipal Court of the City of Macon shall continue its operations without interruption resulting from the adoption of this charter. The employees of such court shall become employees of the restructured government of Macon-Bibb County. The court shall be known as the Municipal Court of Macon-Bibb County. The judge of the Municipal Court of the City of Macon shall be authorized to serve as the judge of said court. Vacancies in the office of judge of the Municipal Court of Macon-Bibb County shall be filled by appointment of the mayor. Such court shall have jurisdiction as provided by law for municipal courts for all covered offenses and all code and ordinance violations occurring in Macon-Bibb County.

SECTION 8. Except as otherwise provided in this charter, the duties of the sheriff, the tax commissioner, the coroner, and the clerk of the superior court shall remain as such duties are presently imposed by law for such respective officers as county officers; provided, however, that such duties may be expanded and enlarged by the governing authority to include like duties and responsibilities in connection with the affairs of the restructured government. The compensation paid to any such officer shall be fixed as heretofore provided by law and may not be reduced during his or her term of office below the amount of such compensation as fixed at the commencement of such term, nor shall his or her compensation during his or her term of office in effect upon the effective date of this charter be reduced below the salary then being paid such officer. Such compensation as so fixed shall be the sole remuneration to such officers for their services and any and all other compensation for such services to Macon-Bibb County, the State of Georgia, or any agency thereof, including salaries, fees, commissions, fines, or forfeitures received from any source whatsoever, shall be the property of Macon-Bibb County and paid into its treasury.

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SECTION 9. (a) The territory of the restructured government shall consist of nine election districts to be designated as Commission Districts 1 through 9 and the boundaries of the initial districts shall be as described in the districting plan attached to and made a part of this charter and further identified as 'Plan: bibbcon12-hd139p2r-rev2 Plan Type: Local Administrator: Bibb Co. User: Gina'.
(b)(1) When used in such attachment, the term 'VTD' (voting tabulation district) 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. (2) The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. Any part of Macon-Bibb County which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (3) Any part of Macon-Bibb 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 2010 for the State of Georgia. (4) Except as otherwise provided in the description of any election 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 2010 for the State of Georgia. (c) The commission shall consist of nine members. The initial commissioners shall be elected at an election held on the Tuesday next following the first Monday in November, 2013, for terms of three years and until their successors are duly elected and qualified. A primary shall be conducted in accordance with law prior to such election. Their successors shall be elected for terms of four years. The members shall be elected from the nine districts specified in subsection (a) of this section by a majority of electors voting in such election from such district. All members of the commission shall be full voting members of the commission. The mayor shall be the presiding officer of the commission but shall not be a voting member of the commission; provided, however, that the mayor may cast a vote on any matter before the commission to break a tie. The mayor may propose ordinances in the same manner as a commissioner. (d) No person shall be eligible to serve as a commissioner unless he or she: (1) Has been a resident of Macon-Bibb County for a period of one year immediately prior to the date of the election;

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(2) Continues to reside within the commission district from which elected during his or her term of office; (3) Is a registered and qualified elector of Macon-Bibb County; and (4) Meets the qualification standards required for members of the Georgia House of Representatives as are now or may in the future be prescribed by the Georgia Constitution. (e)(1) Each commissioner shall be paid an annual salary of $15,000.00. Future changes in the salary and expenses of the commissioners shall be effected in accordance with the provisions of Code Section 36-35-4 of the O.C.G.A. and in accordance with the procedures of Code Section 36-5-24 of the O.C.G.A.; provided, however, that any increase in the salary or compensation of commissioners shall equal no more than one-half of the average percentage salary increase granted by such governing authority to the restructured government employees over the preceding three years. (2) Any action to increase the salary of commissioners shall not become effective until the date of commencement of the terms of those commissioners elected at the next regular election following such action. (3) In addition to salary and subject to appropriations, commissioners shall be reimbursed for all actual expenses reasonably and necessarily incurred in carrying out the duties and responsibilities of the restructured government as provided by rule or regulation. (f) The commission shall elect from among its members in January of each year a member to serve as mayor pro tempore, who shall preside over meetings of the commission in the mayor's absence. (g) For purposes of eligibility for employee benefits, the commissioners shall be deemed to be part-time employees.

SECTION 10. (a) Those members of the board of commissioners of Bibb County elected to take office in January, 2013, and the mayor and those members of the commissions of the City of Macon and the City of Payne City who are serving as such on the second Monday of January, 2013, and any persons filling vacancies in such offices shall continue to serve as such members until the second Monday of January, 2014, and then all such offices shall be abolished and all terms of office shall expire. After the second Monday of January, 2013, no further elections shall be conducted to elect members of the board of commissioners of Bibb County and the mayor and members of the commission of the City of Macon and the City of Payne City and all elections for the mayor and the members of the commission shall be conducted pursuant to this charter. (b) The initial mayor shall be elected in an election to be held on the Tuesday after the first Monday in November, 2013. A primary shall be conducted in accordance with law prior to such election. Candidates shall be nominated and elected by majority vote as provided in this section. The person elected as mayor at such election shall take office on the second Tuesday of January, 2014, for an initial term of three years and until a successor is elected is and qualified. Thereafter, each successor to the office of mayor shall be elected at the

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general election to be held on the Tuesday following the first Monday in November immediately preceding the expiration of a term of office, shall take office on the second Monday of January immediately following the date of the election, and shall have a term of office of four years and until a successor is elected and qualified. The mayor shall be elected by a majority vote on a county-wide basis by the electors of the entire county. (c) To be eligible for election to the office of mayor, a person at the time of election shall:
(1) Have attained the age of 27 years; (2) Have resided in Macon-Bibb County for at least one year; (3) Be a qualified elector of the restructured government; and (4) Meet any other requirements as may be established by general law. (d) Except as otherwise provided in this section, all primaries and elections for the mayor and members of the commission shall be in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the "Georgia Election Code," as now or hereafter amended. Any person who is a registered voter of Macon-Bibb County shall be eligible to vote in any election under this section. (e) The mayor shall be limited to serving a total of no more than two four-year terms. Each commission member shall be limited to serving a total of three four-year terms. An initial term of less than four years shall nevertheless be deemed a full term for purposes of this subsection. Prior service as an officer of the City of Macon or Bibb County shall not be computed for such limitations.

SECTION 11. (a) The commission shall provide by ordinance for the execution of all powers, functions, rights, privileges, duties, and immunities of the restructured government and its officers, agencies, or employees as provided by this charter or general state law. (b) Without limiting the general legislative powers of the commission, it is empowered to:
(1) Adopt all annual appropriations for the restructured government by ordinance and any supplements or amendments the commission deems necessary from time to time during the fiscal year; (2) Adopt, by ordinance, a fiscal year for the restructured government and each of its departments, boards, or other agencies and any other ordinances for the regulation and management of the financial affairs of the restructured government it deems necessary; (3) Adopt, by ordinance, provisions for governmental reorganization including the establishment, alteration, or abolishment of any and all nonelective offices, positions, departments, and agencies of the restructured government unless otherwise established or provided by this charter; (4) Adopt ordinances establishing any and all personnel policies it deems necessary for an adequate and systematic handling of personnel affairs; (5) Make adjustments, by ordinance, to the boundaries of commission districts of the restructured government as provided in Section 9 of this charter;

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(6) Establish committees of its members for legislative, investigative, and study purposes without the need for approval of the mayor; (7) Establish and appoint any board or commission of citizens to advise the commission as it deems necessary without the need for approval by the mayor; provided, however, that the term of such boards or commissions shall automatically expire at the end of the term of office of the commission who appointed same, if not earlier abolished by the commission; (8) Grant franchises or make contract 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; (9) Provide for the collection of residential solid waste throughout Macon-Bibb County; and (10) Adopt any other ordinance, resolution, or amendment to this charter as is allowed or not denied now or hereafter under general state law or this charter and exercise any other power as may be provided now or hereafter under general state law, this charter, or ordinance.

SECTION 12. The commission shall, upon the approval of the mayor and five commissioners or the approval of six commissioners, provide for an independent annual audit of all restructured government accounts and may provide for more frequent or continuing audits as it deems necessary. Audits shall be made by a certified public accountant or firm of certified public accountants who has no personal interest, direct or indirect, in the fiscal affairs of the restructured government or any of its officers. The commission may designate the accountant or firm annually, provided that the designation for any particular fiscal year shall be made no later than 30 days after the beginning of the fiscal year. The commission may also provide for special independent audits of any office, department, board, commission, or other agency of the restructured government without the need for approval by the mayor.

SECTION 13. The commission, upon the approval of the mayor and five commissioners or upon the approval of six commissioners, may initiate inquiries and investigations into the affairs of the restructured government and the conduct of any department, office, or agency of the restructured government or any joint or independent commission, board, or authority of the restructured government. Any participant in any hearing authorized may request that such hearing be closed to the public and all reports to the commission of the result of any inquiry or investigation by an authorized committee may be closed to the public; provided, however, that all such hearings shall be subject to Chapter 14 of Title 50 of the O.C.G.A., relating to

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open and public meetings. Any action taken by the commission as a result of such inquiry or investigation shall be taken at and during an open meeting.

SECTION 14. (a) All of the executive powers of the restructured government are vested in the mayor. The mayor shall be the chief executive officer of Macon-Bibb County and shall be responsible for execution of the laws and policies of the restructured government and applicable state and federal laws. The mayor shall possess and exercise the following executive and administrative powers and duties:
(1) To see that the ordinances, resolutions, and regulations of the restructured government and laws of this state are faithfully executed and enforced; (2) To exercise supervision over the executive and administrative affairs of the restructured government and to provide for the coordination of executive and administrative activities; (3) In addition to the appointments provided for in Section 16 of this charter, to appoint department heads, subject to the approval of a majority of the commission, to serve at the pleasure of the mayor; (4) To sign and approve deeds, bonds, contracts, and other instruments and documents in any case in which the legal instruments must be in writing or where the general laws of this state or ordinance or resolution of the commission so require; (5) To submit to the commission annually a draft of the recommended appropriations ordinance, the budget message, and the budget report and to submit annually to the commission a capital improvement program; (6) To conduct studies and investigations and to make recommendations to the commission for legislation concerning all matters relating to the restructured government and the welfare of its citizens; (7) To represent the restructured government in its intergovernmental relations; (8) To appoint the attorney, fire chief, municipal county judge, and county manager for the restructured government, with the approval of a majority of the commission, who shall serve at the pleasure of the mayor; (9) To provide an annual financial audit of all authorities and provide a report of such audit to the commission; and (10) To perform any other duties as may be required by law, ordinance, or resolution. (b)(1) Every ordinance adopted by the commissioners shall be presented promptly by the clerk of commission to the mayor after its adoption. (2) The mayor, within ten calendar days of receipt of an ordinance, shall return it to the clerk of commission with or without the mayor's approval or with the mayor's disapproval. If the ordinance has been approved by the mayor, it shall become law upon its return to the clerk of commission; 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 commissioners through the clerk of commission

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a written statement of the reasons for the veto. The clerk of commission shall record upon the ordinance the date of its delivery to and receipt from the mayor. (3) Ordinances vetoed by the mayor shall be presented by the clerk of commission to the commissioners at their next meeting. If the commissioners then or at their next meeting adopt the ordinance by an affirmative vote of at least six members, it shall become law. (4) 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 commissioners over the mayor's veto as provided in this subsection. The reduced part or parts shall be presented to the commissioners as though disapproved and shall not become law unless overridden by the commissioners as provided in paragraph (3) of this subsection. (c) The mayor shall be considered full time and he or she shall receive an annual salary of $100,000.00. In addition, the mayor shall be reimbursed for all actual expenses reasonably and necessarily incurred in the performance of his or her official duties, subject to appropriations. Future changes in the salary and expenses of the mayor shall be effected in accordance with the provisions of Code Section 36-35-4 of the O.C.G.A. and in accordance with the procedures of Code Section 36-5-24 of the O.C.G.A.; provided, however, that any increase in the salary or compensation of the mayor shall equal no more than one-half of the average percentage salary increase granted by the governing authority to restructured government employees over the last preceding three years. (d) For purposes of eligibility to receive employee benefits, the mayor shall be deemed to be a full-time employee.

SECTION 15. (a) In the event that the office of mayor or any commissioner shall become vacant for any cause whatsoever, the commission or those remaining shall, by resolution, order a special election to fill the balance of the unexpired term of that office. (b) If, however, the vacancy in any commission seat occurs within 12 months of the expiration of the term of that office, the commission or those remaining may, within 20 days of the occurrence of the vacancy, appoint a successor for the remainder of the term. (c) If, however, a vacancy in the office of the mayor occurs, the mayor pro tempore shall be acting mayor with all the powers and duties of that office until a successor is elected and qualified, and if the vacancy in the office of the mayor occurs within 12 months of expiration of the term of that office, the mayor pro tempore shall succeed to the office of the mayor for the remainder of the term and the commission seat of such person shall be filled in accordance with this section.

SECTION 16. (a)(1) The mayor shall, subject to the approval of a majority of the commission, appoint an officer whose title shall be county manager who shall serve at the pleasure of the mayor.

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The county manager officer shall be appointed solely on the basis of executive and administrative qualifications. The county manager officer shall hold a master's degree in public or business administration or a related field and shall have at least four years' experience in public administration or in business management in the private sector or shall hold a bachelor's degree in public or business administration or a related field and shall have at least eight years' experience in public administration or in business management in the private sector. Such person need not be a resident of Macon-Bibb County or the State of Georgia at the time of appointment. (2) The mayor shall, subject to a majority vote of all commissioners then serving, appoint a clerk of commission who shall serve at the pleasure of the mayor. The clerk of commission may also serve as clerk of the restructured government or on any other positions he or she may be appointed to in the restructured government. (3) The clerk of the commission shall attend all meetings of the commission; keep the minutes, rules, and records of the commission; provide notice of meetings; and perform other duties required by the commission or by ordinance. The compensation of the clerk shall be as fixed by the commission. (4) The chief of the Macon-Bibb County Fire Department shall be appointed by the mayor with the approval of a majority of the commission, shall serve at the pleasure of the mayor, and shall perform his or her official duties as the chief firefighter throughout the entire limits of Macon-Bibb County. (b) The county manager officer shall have the following powers, duties, and responsibilities: (1) To serve as director of the department of administration; (2) To advise and assist the mayor in the performance of designated duties; (3) To coordinate the activities of the departments of the restructured government; (4) To serve as a liaison between the mayor and the departments of the restructured government; (5) To carry out the written directives of the mayor; provided, however, that the mayor shall not be authorized to delegate to the chief administrative officer any of the powers or duties conferred upon the mayor by charter or by ordinance; (6) To make periodic reports with any recommendations to the mayor as required by the mayor or as he or she deems appropriate concerning the affairs of the restructured government; and (7) To perform any other duties as shall be required by the mayor. (c) Except for the purpose of inquiry and investigation, the commission shall deal with employees of the unified government other than those who are subject to appointment and removal by the mayor solely through the county manager and shall not give orders or directions to any such employee, either publicly or privately, directly or indirectly. (d) There shall be an attorney for the restructured government who shall be appointed by the mayor with the approval of a majority of the commission and shall serve at the pleasure of the mayor. Such person shall be an active member of the State Bar of Georgia in good standing and shall have been engaged in the active practice of law for at least five years prior

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to the date of appointment. The attorney shall be legal counsel to the restructured government and perform any other duties as may be provided by ordinance. Such person shall be responsible to the mayor and to the commission. The compensation of the attorney shall be as prescribed by a duly adopted ordinance. The attorney shall recommend legal counsel to all authorities of the restructured government when needed except as otherwise instructed by the mayor.
(e)(1) There shall be a finance officer who shall be appointed by the mayor with the approval of a majority of the commission and shall serve at the pleasure of the mayor. (2) The finance officer shall perform financial duties for the restructured government and any other duties as may be provided by ordinance. Such person shall be responsible to the mayor and to the commission.

SECTION 17. (a) The newly elected mayor and commissioners shall take office and meet for organization and swearing-in ceremonies on the second Tuesday of January following their election. There shall be a committee on committees made up of the mayor, the mayor pro tempore, and an additional commissioner appointed by the mayor and the mayor pro tempore. The committee on committees shall create, abolish, and appoint all committees and the membership thereof. The mayor and the mayor pro tempore shall not be a voting member of any committee established by the committee or committees. At this meeting, the newly organized commission shall make any appointments and selections as may be required by this charter. (b) At the meeting provided for in subsection (a) of this section, the newly elected mayor and commissioners shall each qualify to take office by taking the oath of office for public officials as provided by state law and the following oath:
"I do solemnly swear or affirm that I will well and truly perform the duties of (mayor or commissioner, as the case may be) by adopting such measures as in my judgment shall be best calculated to promote the general welfare of the inhabitants of Macon-Bibb County and the common interest thereof."

SECTION 18. No person shall fill a vacancy for an unexpired term by appointment of the commission unless that person receives a majority of the votes of all commissioners then serving.

SECTION 19. (a) Six members of the commission shall constitute a quorum for the transaction of ordinary business, but the affirmative vote of at least five members shall be required for the commission to take official action. Official action of the commission shall be entered upon its minutes. Any member of the commission shall have the right to request a roll-call vote. (b) The commission may fix the date and time of regular meetings in the commission rules of procedure but there shall be at least one regular meeting each month.

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(c) Special meetings of the commission may be held on call of the mayor pro tempore or a majority of all members of the commission. The mayor shall also be authorized to call special meetings regarding fiscal affairs or emergencies involving public safety. Notice of a special meeting shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. If, after diligent effort, personal service is not possible, notice shall be deemed to have been served if delivered to the residence of record of the member by a law enforcement officer who certifies that such delivery was made at least 24 hours prior to the convening of the meeting. This notice to commissioners shall not be required if all commissioners are present when the special meeting is called. This notice of any special meeting may be waived by a commissioner 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 the commissioner's presence. Only the business stated in the call may be transacted at the special meeting. (d) All meetings of the commission shall be public to the extent required by general state law and notice to the public of special meetings shall be made fully as is reasonably possible 48 hours prior to the meetings.
(e)(1) To meet a public emergency affecting life, health, property, or public peace, the commission may convene on call of the mayor, the mayor pro tempore, or a majority of all commissioners and promptly adopt an emergency ordinance, but this 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 it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced. It shall become effective upon adoption and approval or at any later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. (2) Such emergency meetings shall be open to the public to the extent required by law and notice to the public of emergency meetings shall be made as fully as 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 20. (a) Elected and appointed officers and employees shall demonstrate by their example the highest standards of ethical conduct, to the end that the public may justifiably have trust and confidence in the integrity of government. They, as agents of public purpose, shall hold their

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offices or positions for the benefit of the public, shall recognize that the public interest is their primary concern, and shall faithfully discharge the duties of their offices regardless of personal consideration. (b) No elected official, appointed officer, or employee of the restructured government, any authority of the restructured government, or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction in which the person has a financial interest which is incompatible with the proper discharge of official duties; (2) Disclose confidential information concerning the property, government, or affairs of the governmental body by which such person is engaged or is a member of without proper legal authorization or use that information to advance the financial or other private interest of such person or others; (3) Accept any valuable gift from any person, firm, or corporation which to his or her knowledge is interested, directly or indirectly, in business dealings with the governmental body he or she is a member of or by which such person is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any campaign; (4) Represent private interests, other than his or her own, in any action or proceeding against the restructured government or any portion of its government; or (5) Vote or otherwise actively participate in the negotiation or the making of any contract between the restructured government and any business or entity in which he or she has a substantial financial interest. (c) Any elected or appointed officer or employee of the restructured government, any authority of the restructured government, or any agency or political entity to which this charter applies who possesses or who acquires any financial interest as might reasonably tend to create a conflict with the public interest shall make full disclosure in writing to the appointing authority or the commission, in the case of a member of the commission, at any time a conflict becomes apparent. The disclosure statement shall be made a matter of public record and be filed with the clerk of commission. Any member of the commission who has any personal or private interest, indirect, financial, or otherwise, in any proposal before the commission shall disclose the interest in writing to the commission. The disclosure shall be made a matter of public record prior to the taking of any vote on the proposal. (d) No elected member of the governing authority of Macon-Bibb County nor any company or business in which such elected member or a member of his or her immediate family presently has an interest, direct or indirect, which is incompatible with the proper discharge of his or her official duties or which would tend to impair his or her independence of judgment or action in the performance of his or her official duties, shall do business with an authority associated with Macon-Bibb County nor an authority whose members in whole or in part are appointed by the governing authority of Macon-Bibb County nor shall any member of an authority of the restructured government do business with an authority

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associated with Macon-Bibb County or an authority whose members in whole or in part are appointed by the governing authority of Macon-Bibb County. (e) No elected official, appointed officer, or employee of the restructured government, any authority of the restructured government, or any agency or entity to which this charter applies shall use property owned by the restructured government for financial benefit, convenience, or profit except in accordance with policies of the restructured government. (f) Any violation of this charter which occurs with the knowledge, express or implied, of another party to a contract or sale shall render the contract or sale involved voidable and rescindable as to that party, at the option of the commission. (g) Except where authorized by law, neither the mayor nor any commissioner shall hold any other elective or compensated appointive office in the government of Macon-Bibb County or otherwise be employed by Macon-Bibb County or any agency thereof during the term for which such official was elected, provided that the provisions of this section shall not apply to any elective office holder in office on the effective date of this charter. (h) No person shall be hereafter appointed by the mayor, commission, or any member thereof, to any office, agency, or employment who is related within the third degree of consanguinity or affinity to the mayor or any member of the commission, nor shall any other board created by this charter or the head of any department of the restructured government hereafter appoint or employ any person who is so related to any member of such board or head of such department; nor shall any person be hereafter appointed or employed in any capacity on behalf of the restructured government who is so related to the person so appointing or employing him or her. (i) Employees of Macon-Bibb County may individually exercise their right to vote and privately express their views as citizens, but no employee of Macon-Bibb County shall:
(1) Use his or her official authority or capacity for the purpose of interfering with or affecting the result of an election or nomination for office; or (2) Directly or indirectly coerce, attempt to coerce, or command a state or local officer or employee to pay, lend, or contribute anything of value to a party, committee, organization, agency, or person for political purposes. (j)(1) A knowing violation of this section shall be a misdemeanor. (2) Any officer or employee of Macon-Bibb County who knowingly violates any requirement of this section shall upon conviction be guilty of malfeasance in office or position and shall forfeit the office or position. (3) The appointing authority may reprimand, put on probation, demote, suspend, or discharge an employee or appointed officer found to have violated the standards of conduct established by this section.

SECTION 21. (a) The general obligation bonded indebtedness of the City of Macon which is outstanding on the effective date of this charter shall become the debt and obligation of a special tax district which shall correspond to and be conterminous with the corporate limits of the City

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of Macon as said corporate limits existed on the day immediately preceding the effective date of this charter. The ad valorem taxes imposed by the City of Macon prior to the effective date of this charter to retire such bonded indebtedness shall continue to be imposed within the special tax district in the same manner and to the same extent that such ad valorem taxes were previously imposed by the City of Macon in accordance with the terms of the obligations of such bonded indebtedness. The commission, as the governing authority of Macon-Bibb County, shall be the successor to the previously existing governing authority of the City of Macon for all purposes relating to such bonded indebtedness, including the enforcement of rights and remedies of bondholders. (b) The general obligation bonded indebtedness of the City of Payne City which is outstanding on the effective date of this charter shall become the debt and obligation of a special tax district which shall correspond to and be conterminous with the corporate limits of the City of Payne City as said corporate limits existed on the day immediately preceding the effective date of this charter. The ad valorem taxes imposed by the City of Payne City prior to the effective date of this charter to retire such bonded indebtedness shall continue to be imposed by the commission within the special tax district in the same manner and to the same extent that such ad valorem taxes were previously imposed by the City of Payne City in accordance with the terms of the obligations of such bonded indebtedness. The commission, as the governing authority of Macon-Bibb County, shall be the successor to the previously existing governing authority of the City of Payne City for all purposes relating to such bonded indebtedness, including the enforcement of rights and remedies of bondholders. (c) The general obligation bonded indebtedness of Bibb County outstanding on the effective date of this charter shall not be affected by this charter, and the commission, as the governing authority of Macon-Bibb County, shall become the successor to the previously existing governing authority of Bibb County for all purposes relating to such bonded indebtedness, including the enforcement of rights and remedies of bondholders. (d) Each special tax district created by this section shall cease to exist upon the full satisfaction of all relative bonded indebtedness, but not later than July 1, 2019. At the time the final special tax district ceases to exist, this section shall stand repealed.

SECTION 22. (a) Existing ordinances and resolutions of the board of commissioners of Bibb County and existing rules and regulations of departments or agencies thereof not inconsistent with the provisions of this charter shall continue to be effective as ordinances and resolutions of the commission and as rules and regulations of the appropriate department or agency thereof until they are modified or repealed. (b) Existing ordinances and resolutions of the board of commissioners of Bibb County and existing rules and regulations of departments and agencies of Bibb County which, by their terms or by their operation, were applicable prior to the effective date of this charter throughout the territorial limits of Bibb County shall continue to be effective throughout the

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territorial limits of Bibb County until such time as the commission, by resolution or ordinance, modifies or repeals such ordinances, resolutions, or regulations. (c) Existing ordinances and resolutions of the commission of the City of Macon which are not inconsistent with the provisions of this charter shall continue to be effective as ordinances and resolutions of the commission until they are modified or repealed. (d) In the event of a conflict between any of the ordinances or resolutions continued by this section, the provisions thereof shall apply only to the territory of the restructured government that such ordinance or resolution applied to prior to the effective date of this charter and until such ordinance or resolution is repealed, changed, or amended to eliminate the conflict. (e) Through December 1, 2013, all ordinances and resolutions shall apply uniformly throughout the area of the restructured government. Prior to this date, the transition task force created pursuant to Section 37 of this charter shall review all ordinances and resolutions and take whatever action is needed to remove any conflicts between ordinances and resolutions continued by this section in order to produce a uniform body of ordinances and resolutions free of any conflicts or contradictions between such provisions.

SECTION 23. (a) Until July 1, 2014, the restructured government shall operate under the funds remaining from the fiscal year 2013-2014 of the combined budgets of the City of Macon, the City of Payne City, and Bibb County.
(b)(1) The first full 12 month budget of the unified government for fiscal year 2015 shall not exceed an amount equal to the combined fiscal year general operating budgets of the City of Macon, Payne City, and Bibb County, plus increases due to inflation as specified in the Consumer Price Index, but not including capital road improvement and other special revenue funds including, without limitation, special purpose local option sales tax and transportation special purpose local option sales tax funds. (2) The 12 month budget of the unified government for fiscal year 2016 shall not exceed an amount equal to 95 percent of the fiscal year 2015 general operating budget, plus increases due to inflation as specified in the Consumer Price Index, but not including capital road improvement and other special revenue funds. (3) The 12 month budget of the unified government for fiscal year 2017 shall not exceed an amount equal to 90 percent of the fiscal year 2015 general operating budget, plus increases due to inflation as specified in the Consumer Price Index, but not including capital road improvement and other special revenue funds. (4) The 12 month budget of the unified government for fiscal year 2018 shall not exceed an amount equal to 85 percent of the fiscal year 2015 general operating budget, plus increases due to inflation as specified in the Consumer Price Index, but not including capital road improvement and other special revenue funds. (5) The 12 month budget of the unified government for fiscal year 2019 shall not exceed an amount equal to 80 percent of the fiscal year 2015 general operating budget, plus

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increases due to inflation as specified in the Consumer Price Index, but not including capital road improvement and other special revenue funds. (c) The budget limits established by subsection (b) of this section may be exceeded by not more than 25 percent in any given year if extreme economic circumstances require or if additional expenditures for public safety purposes are needed but only by a vote of six of the nine commissioners at an open meeting after notice on the official website of Macon-Bibb County once a week for two consecutive weeks prior to the meeting and the hearing of public comments. (d) The tax assessments made by the board of tax assessors of Bibb County and the City of Macon and the City of Payne City as of the effective date of this charter shall constitute the basis for the assessment and collection of taxes of the commission for the calendar year in which this charter becomes effective. (e) It is the purpose of this section that property shall be subject to taxation in relation to services received. (f) Within four years of the effective date of this charter, the restructured government shall adopt a service delivery plan.

SECTION 24. The commission may create special services tax districts and shall assess, levy, and collect ad valorem taxes and collect service charges and fees for the provision of district services within a special services district only in accordance with the kind, character, type, and degree of district services provided by the commission within such special services tax district. The provisions of this section shall control ad valorem taxation and the collection of service charges and fees for the provision of district services within special services tax districts by the commission. District services shall mean and include all of those governmental services enumerated in Article IX, Section II, Paragraph III of the Constitution.

SECTION 25. (a) All employees and former employees of Bibb County, the City of Payne City, and the City of Macon and of every agency, instrumentality, commission, or authority thereof shall retain those pension rights, if any, which had accrued to them prior to the effective date of this charter under any pension plan adopted by law or by ordinance or resolution by the board of commissioners of Bibb County, the mayor and commissions of the City of Macon, or the governing authority of the City of Payne City. The commission shall assume on the effective date of this charter all obligations arising under all such pension plans, but the assumption of such obligations by the commission shall not create any obligation on the part of the commission or create any right which did not exist prior to the effective date of this charter. (b) The commission is authorized and empowered to establish and maintain a new pension system or pension systems affecting new employees and such other employees as desire to be covered thereby and to revise, combine, and consolidate any pension system in effect on the effective date of this charter; provided, however, that in no event shall any revision,

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combination, or unification of any existing pension system in effect when this charter is adopted result in the curtailment or diminishment of any right accrued under any existing pension system to any person heretofore employed by the City of Macon, the City of Payne City, Bibb County, or of any agency of such former governments.

SECTION 26. (a)(1) The mayor shall submit to the commission at least six weeks prior to the start of the fiscal year a budget message and a budget report, accompanied by a draft of the recommended appropriations ordinance, in a form and manner as may be prescribed by ordinance, which shall provide for the appropriation of the funds necessary to operate all the various departments and to meet the current expenses of the restructured government for the next fiscal year. Such ordinance must be approved by a two-thirds' majority vote of the commissioners then serving. (2) The commission shall annually appropriate the funds necessary to operate all the various departments and to meet the current expenses of the restructured government for the next fiscal year. The fiscal year of Macon-Bibb County shall be as determined by ordinance. (b)(l) Each appropriations ordinance, as enacted or as amended from time to time, shall continue in force and effect for the next fiscal year after adoption and it shall then expire except for any mandatory appropriations required to meet contractual obligations or the continued appropriation and authorization of state or federal grants. (2) The commission shall not appropriate funds for any given fiscal year which, in aggregate, exceed a sum equal to the amount of unappropriated surplus expected to have accrued in the city treasury at the beginning of the fiscal year, together with an amount not greater than the total receipts from existing revenue sources anticipated to be collected in the fiscal year as determined by the mayor, less refunds as estimated in the budget report and amendments thereto. (3) All appropriated funds, except for the mandatory appropriations required by law and those required to meet contractual obligations or the continued appropriation and authorization of state or federal grants, remaining unexpended and not contractually obligated at the expiration of the appropriations ordinance shall lapse. (4) All state or federal funds received by Macon-Bibb County are by this charter continually appropriated in the exact amounts and for the purposes authorized and directed by the state or federal government in making the grant. (c)(1) In addition to the appropriations made by the appropriations ordinance and amendments thereto, the commission may make additional appropriations in the same manner as provided in this charter, which shall be known as supplementary appropriations ordinances, provided that no supplementary appropriation shall be made unless there is an unappropriated surplus in the treasury of the restructured government or the revenue necessary to pay the appropriation has been collected into the general fund of the treasury as provided by law.

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(2) In no event shall a supplementary appropriations ordinance continue in force and effect beyond the expiration of the appropriations ordinance in effect when the supplementary appropriations ordinance was adopted and approved. (d)(1) The appropriation for each department, office, bureau, board, commission, function, or line item for which appropriation is made shall be for a specific amount of money and no appropriation shall allocate to any object the proceeds of any particular tax or fund or a part or percentage thereof. All appropriations by function or line item shall be lump sum by function or line item. (2) Any appropriation made in conflict with the foregoing provisions shall be void.

SECTION 27. (a) The commission shall prescribe, by ordinance, the procedures to be followed in the making of contracts which shall bind the restructured government. All contracts and all ordinances which shall make or authorize contracts shall be approved as to form by the attorney for the restructured government. The mayor shall sign and authorize all contracts; provided, however, the commission may authorize the mayor, by ordinance, to designate another appropriate official to sign any type of contract. The clerk of commission shall authenticate all contracts. The original of all contracts shall be maintained on file in the office of the clerk of commission. (b) The commission shall prescribe, by ordinance, the procedures for all purchases of real and personal property by the restructured government. Competitive bidding shall be required for purchases and contracts and awards shall be made to the lowest or best bidder; provided, however, that the commission 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 funds shall be certified as provided by ordinance. (c) The commission shall prescribe, by ordinance, the procedures for all sales and other disposition of real and personal property by restructured government.

SECTION 28. (a) On the effective date of this charter, the Board of Public Education and Orphanage for Bibb County established pursuant to an Act approved August 23, 1872 (Ga. L. 1872, p. 388), as amended, shall continue in the exercise of its functions and duties, subject to the provisions of law applicable thereto and subject to the provisions of subsections (b) and (c) of this section. (b) The Board of Public Education and Orphanage for Bibb County shall annually certify to the commission of Macon-Bibb County a school tax for the support and maintenance of education in Macon-Bibb County. The commission shall annually levy said tax upon the assessed value of all taxable property within Macon-Bibb County and collect the same like other taxes of the restructured government. The levy made by the board of education and

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certified to the commission shall not exceed 22 mills per dollar unless such mill limitation shall be increased or removed in the manner provided by law. (c) Notwithstanding any contrary provisions of local law, the Board of Public Education and Orphanage for Bibb County shall not be required to submit to the commission of Macon-Bibb County a copy of the school budget which is prepared pursuant to the provisions of Part 4 of Article 6 of Chapter 2 of Title 20 of the O.C.G.A. as the same is now or hereafter amended.

SECTION 29. (a) Macon-Bibb County shall have power and authority to levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation and to levy and collect such other taxes as may be allowed now or in the future by law.
(b)(1) The commission, by ordinance, shall establish a millage rate within the limits provided in subsection (a) of this section for the restructured government property tax; a due date; and in what length of time these taxes must be paid. (2) The commission, 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 and provide for interest on late installments. (c)(1) Macon-Bibb County shall have the power to levy any occupation or business taxes as are not prohibited by general state law. These taxes may be levied on both individuals and corporations who transact business in Macon-Bibb County or who practice or offer to practice any profession or calling therein to the extent the persons have a constitutionally sufficient nexus to Macon-Bibb County to be so taxed. These taxes may be levied and imposed on a fixed rate or gross receipts basis or any combination thereof. The commission may classify businesses, occupations, professions, or callings for the purpose of these taxes in any manner as is reasonable and payment of these taxes may be compelled as provided in subsection (i) of this section. (2) Notwithstanding any other provisions of this section, no occupation or business tax based on gross receipts shall be levied and imposed prior to the holding of a special public hearing thereon, and in no event shall the total revenue received from the imposition of an occupation or business tax based on gross receipts exceed in its first year the total revenue received the immediately preceding year from the occupation and business taxes levied. (d) Macon-Bibb County shall have the power to require individuals or corporations who transact business in Macon-Bibb County or who practice or offer to practice any profession or calling therein to obtain a license or permit for these activities from Macon-Bibb County and to pay a reasonable fee for the license or permit where the activities are not now regulated by general state law in such a way as to preclude regulation by Macon-Bibb County. These fees may reflect the total cost to Macon-Bibb County of regulating the activity and if unpaid shall be collected as provided in subsection (i) of this section. The commission by ordinance may establish reasonable requirements for obtaining or keeping licenses as the public health, safety, and welfare necessitate.

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(e) Macon-Bibb County shall have power and authority to impose and collect license fees and taxes on life insurance companies in the manner provided by Code Section 33-8-8.1 of the O.C.G.A. and on fire and casualty insurance companies in the manner provided by Code Section 33-8-8.2 of the O.C.G.A., as now or hereafter amended. (f) Macon-Bibb County shall have the power to assess and collect fees, charges, and tolls for sewer, sanitary and health services, and garbage and solid waste collection and disposal services, or any other services rendered inside and outside the corporate limits of Macon-Bibb County for the total cost to Macon-Bibb County of providing these services. If unpaid, these charges or fees shall be collected as provided in subsection (i) of this section. (g) Macon-Bibb County 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 any terms and conditions as are reasonable. If unpaid, these charges shall be collected as provided in subsection (i) of this section. (h) Macon-Bibb County shall be empowered to levy any other tax allowed now or hereafter by state law and the specific mention of any right, power, or authority in this charter shall not be construed as limiting in any way the general powers of Macon-Bibb County to tax or otherwise govern its local affairs. (i) The commission, by ordinance, may provide generally for the collection of delinquent taxes, fees, or other revenue due Macon-Bibb County under this charter or general state law by whatever reasonable means as are not precluded by general state law. This shall include providing for the dates when the taxes, fees, or other revenues are due; late penalties or interest; issuance and execution of fi.fa's.; creation and priority of liens; making delinquent taxes, fees, and other revenues personal debts of the persons required to pay the taxes, fees, or other revenues imposed; revoking licenses issued by Macon-Bibb County for failure to pay any Macon-Bibb County taxes, fees, or other revenues; allowing exceptions for hardship; providing for the assignment or transfer of executions and collection of transferred executions; providing for the billing and collecting of principal, interest, and costs of delinquent executions as an addition to and a part of the annual ad valorem tax bill issued by the Macon-Bibb County tax commissioner. (j) The commission, by ordinance, shall prescribe the amount and terms of surety bonds conditioned upon the faithful performance of the duties of office of any officer or employee of Macon-Bibb County charged with the responsibility of handling moneys on a regular basis. (k) Macon-Bibb County shall have all power granted by general law to issue general obligation bonds. Such issuance shall be accomplished in the manner provided by general law. (l) Macon-Bibb County 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 general laws of the state. This bonding authority shall be exercised in accordance with the laws governing bond issuances by municipalities in effect at the item the issue is undertaken.

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(m) Revenue bonds may be issued by Macon-Bibb County as state law now or hereafter provides. Such bonds are to be repaid out of any revenue produced by the project, program, or venture for which they were issued. (n) Macon-Bibb County may issue short-term notes as now or hereafter provided by state law.
(o)(1) In order to facilitate the financing of any improvements authorized by law, Macon-Bibb County may issue bonds of Macon-Bibb County in the aggregate amount of assessments for the improvement then unpaid, which bond or bonds and the interest thereon shall in no event become a liability of Macon-Bibb County or the mayor and the commission issuing them. (2) These bonds shall mature at a date and bear an interest rate as the commission may determine by ordinance but in no event shall the rate of interest exceed that which the assessments are to bear. (3) These bonds shall be signed by the mayor and attested by the clerk of commission, shall have the impression of the corporate seal of Macon-Bibb County thereon, and shall be payable at a place designated by ordinance. (4) These bonds shall be designated as improvement bonds and shall, on the face thereof, recite the nature and location of the improvement for which they have been issued and shall recite that they are payable solely from assessments which have been levied upon the lots and tracts of land abutting upon or being the situs of the improvement made. (5) These bonds shall be sold at not less than par and the proceeds thereof applied to the payment of the costs and expense of the improvement for which the bonds were issued, or the bonds, in the amount that shall be necessary for that purpose, may be turned over and delivered to the contractor, in respect to the improvement at par value, in payment of the amount due on the contract, and the portion thereof which shall be necessary to pay other expenses, incident to and incurred in providing for the improvement, shall be sold or otherwise disposed of as the commission by ordinance shall direct.

SECTION 30. (a) The sheriff of Bibb County in office upon the date the governing authority of the restructured government is installed shall become the sheriff and chief law enforcement officer of Macon-Bibb County. He or she shall serve for the same term and his or her compensation shall be fixed as heretofore provided by law. Subsequent elections for sheriff shall be upon the basis provided by state law for sheriffs generally. The sheriff of Macon-Bibb County shall execute the orders and processes of the courts, shall enforce executions issued by any officer or agency of Macon-Bibb County, shall maintain and operate the jail wherein state or federal prisoners are incarcerated, be responsible for the transport of prisoners, and shall perform such other duties as are provided for in Code Section 15-16-10 of the O.C.G.A. and the Constitution of this state.
(b)(1) The commission shall utilize the facilities, equipment, vehicles, records, and personnel of both the former Macon Police Department and the Bibb County Sheriff's

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Department in such manner as it shall deem necessary to ensure adequate protection of the lives and property of all of the citizens of Macon-Bibb County. (2) The commission in cooperation with the chief shall utilize the facilities, equipment, vehicles, records, and personnel of both the former Macon Fire Department and the Bibb County Fire Department in such manner as it shall deem necessary to ensure the most advantageous rating classification of the commercial, residential, and public property in Macon-Bibb County. (c) Except as otherwise provided by this charter or by law, the administrative and service departments of the restructured government shall be created and established by ordinance and shall perform such functions, duties, services, and responsibilities as enumerated therein and as prescribed by administrative regulations. (d) The commission may by ordinance reorganize, combine, consolidate, or discontinue any department or agency of the restructured government subject to the jurisdiction of the commission and may by ordinance prescribe the functions and duties thereof and may establish, abolish, or alter all nonelective offices and positions of employment as necessary for the proper administration of the restructured government. (e) Except as provided by this charter or prohibited by the general laws of this state, the terms of office of all members of all boards, commissions, committees, panels, authorities, or other entities who were appointed by the board of commissioners of Bibb County or the governing authority of the City of Macon and Payne City shall continue for not more than one year after the members of the commission take office under this charter unless extended by such commission. Each such member shall serve out the term of office to which such member was appointed. Except as provided by this charter or prohibited by the general laws of this state, the positions of director or administrative head, by whatever name known, of each department or entity of the governments of Bibb County and the City of Macon shall be abolished 90 days after the members of the commission take office under this charter. Such departments may be abolished, reestablished, reorganized, or restructured; new job descriptions shall be established as appropriate; and a director or administrative head shall be appointed for each department by the mayor. Any person who formerly occupied such position and any other person shall have the right to apply for any position thus created. The provisions of this subsection shall not result in the automatic termination from employment with the reorganized government of any such person and the provisions of Section 14 of this charter shall be applicable to any such person. On or after January 1, 2016, no person shall be eligible for appointment to any position as the administrative head of any department or agency of the restructured government unless such person meets such qualifications as may be established by the mayor. Each person serving as the administrative head of any department or agency of the restructured government shall serve at the pleasure of the mayor. (f) Notwithstanding any provision of this charter to the contrary, the Macon-Bibb County Hospital Authority shall continue to exist as provided by Article 4 of Chapter 7 of Title 31 of the O.C.G.A., the "Hospital Authorities Law," as now or hereafter amended, and the ordinances and resolutions activating such authority on the effective date of this charter;

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provided, however, that appointments and the filling of vacancies on such authority shall be made by the commission of Macon-Bibb County in accordance with applicable laws, ordinances, and resolutions.

SECTION 31. (a) The commission shall establish by ordinance a system of civil service for employees of the fire department which shall provide for the establishment of a civil service board to orally interview and pass upon the qualifications of applicants and promotional candidates. The sheriff may elect to include eligible employees of the sheriff's office in such civil service system. To provide for requirements for selections, training, promotion, physical condition, and appeal procedures and other related matters, the commission shall adopt civil service rules and regulations to govern and control the fire department. (b) The commission shall establish by ordinance a personnel management system based on merit principles that meets the social, economic, and program needs of the people of Macon-Bibb County. This system shall provide means to recruit, select, train, develop, and maintain an effective and responsive work force and shall include policies and guidelines for employing, hiring and advancement, training and career development, job classification, discharge, code of conduct, fringe benefits, and other related activities. All appointments and promotions in Macon-Bibb County shall be made without regard to sex, race, religion, national origin, age, or political affiliation and shall be based on merit and fitness. (c) It is the intent of the General Assembly that as many employees of Bibb County, the City of Macon, and Payne City as feasible shall continue in the same or a substantially equal position with at least the same salary and benefit level, where possible within budget constraints, after the consolidation is complete. It is further the intent of the General Assembly that the integration of the sheriff's office and the city police department shall be seamless and cooperative and that where possible the rights and positions of all employees shall be respected.

SECTION 32. (a) The commission shall afford equal opportunities for employment and promotion to all persons regardless of sex, race, religion, national origin, age, or political affiliation. (b) It shall be the policy of the commission that all citizens shall have equal opportunity for employment, promotion, and appointment by the commission. It shall further be the express policy of the commission that all persons shall have equal opportunity for conducting business with the commission to the greatest extent possible. (c) In furtherance of the policies stated in subsection (b) of this section, and subject to the availability of funds, there is created and established the Office of Small Business Affairs as an agency of the consolidated government. (d) The purposes for which the Office of Small Business Affairs is established shall include the following:

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(1) To promote, stimulate, develop, and advance the economic growth of small businesses within Macon-Bibb County and thereby promote, stimulate, develop, and advance the business, prosperity, and economic welfare of the entire county; (2) To stimulate and assist in the expansion of all kinds of small business activity which will tend to promote small business development; (3) To cooperate and act in conjunction with other organizations, public or private, in the promotion of small business development in Macon-Bibb County; and (4) To promote economic literacy among low-wealth citizens of Macon-Bibb County. (e) In furtherance of its purposes, the Office of Small Business Affairs shall have the following powers: (1) To provide technical advice and assistance for both public and private sources of contract opportunities for small businesses; (2) To monitor the progress and improvement of small business and minority business owners' access to business with local government authorities and other publicly financed entities; (3) To implement procedures and promulgate rules and regulations to increase procurement opportunities extended to the small business and minority business community and to provide direct assistance to small business and minority businesses on how government and private contracting processes work; (4) To encourage small business and minority business participation in the public sector; (5) To operate an economic development program designed to transition persons who are receiving public assistance to gainful employment; (6) To construct or establish the necessary legal mechanism to be able to apply for and to accept any gifts, bequests, or grants or loans of funds or property or financial or other aid in any form from the federal government or agency or instrumentality thereof or from the state or any agency or instrumentality thereof or from any other source for any or all of the purposes specified in this section and to comply with the terms and conditions thereof; (7) To review governmental policies and recommend changes to ensure fair participation by small businesses and minority businesses in contract bidding; (8) To randomly and statistically review purchase orders and bids to ensure compliance with fair participation by small businesses and minority businesses in government contracts; (9) To ensure that bid specifications do not discriminate against small businesses and minority businesses; (10) To work with local agencies in assisting small businesses and minority businesses in bid application and funding available for doing business with the governing authority; (11) To manage and recommend economic development assistance to small businesses and minority businesses from governing authority economic development funds; (12) To work with local agencies in determining and coordinating all sources of education and financial assistance available to small business and minority business owners;

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(13) To encourage contractors and large bidders to include small businesses and minority businesses among their subcontractors; (14) To maintain statistical information to ensure that small business and minority business participation is improving in contracts with the commission and issue an annual report; and (15) To establish a mentor program where proactive businesses which have pledged increased minority business relationships can assist minority businesses in doing business with government and the private sector. (f) The Office of Small Business Affairs shall be under the direction and supervision of a director appointed by the mayor with the approval of a majority of the commissioners. The director shall have the following powers and duties: (1) To appoint assistants, clerks, and other employees as the director may deem necessary within constraints of the budget; (2) To furnish technical advice and assistance with respect to small business economic development to further the purposes of this section; (3) To render monthly written reports to the commission. The reports may contain recommendations of the director for legislative or other action to effectuate the purposes of this section; (4) To act as a liaison between community based groups, small businesses and minority businesses, government agencies, community development corporations, and the private sector; and (5) To request from any state or local governmental agency or department such reports and information at such times as it may deem reasonably necessary to carry out the purposes of this section.

SECTION 33. (a) Except as otherwise provided in this charter or applicable state law, all boards, commissions, and authorities of the City of Macon and Bibb County shall continue in the exercise of their functions and duties, subject to the provisions of laws applicable thereto and subject to the provisions of this charter. As used in the Acts and amendments creating the existing boards, commissions, and authorities of the City of Macon and Bibb County, the terms "Macon City Council" and "Bibb County Board of Commissioners" shall mean the commission of Macon-Bibb County and the term "mayor of Macon" shall mean the "mayor of Macon-Bibb County." (b) All boards, commissions, and authorities of the restructured government, including those boards, commissions, and authorities of the City of Macon and Bibb County which are continued under the restructured government pursuant to subsection (a) of this section, shall consist of seven members, three of whom shall be appointed by the commission and four of whom shall be appointed by the mayor, except where other appointment authority, term of office, or manner of appointment is prescribed by this charter or by applicable state law. Each member shall have been a resident of the area encompassed by Macon-Bibb County for a period of at least one year immediately prior to appointment.

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(c) Any vacancy in the office of any member of a board, commission, or authority of the restructured government shall be filled for the unexpired term in the manner prescribed in subsection (b) of this section for original appointment, except as otherwise provided in this charter or by applicable state law. (d) Members of all boards, commissions, and authorities of the restructured government shall be limited to two consecutive full terms of office on such boards, commissions, and authorities. Filling more than one-half of an unexpired term of office shall constitute a full term of office. (e) Members of all boards, commissions, and authorities of the restructured government shall serve four years terms of office unless otherwise provided in this charter or applicable state law, provided that such members are subject to removal at any time by the appointing authority. (f) No board, commission, or authority shall create any other entity or subsidiary whatsoever without first obtaining approval by a two-thirds' vote of the commission of Macon-Bibb County and approval by the mayor. (g) The commission is authorized to review and dissolve at its discretion any entity to which this section is applicable that was created prior to the effective date of this charter by two-thirds' vote of the members then serving.

SECTION 34. All officers, officials, and employees of the former City of Macon, City of Payne City, and Bibb County shall cooperate with and assist the commission, mayor, and other officers of Macon-Bibb County:
(1) In planning the restructuring of departments, boards, commissions, and agencies of said former governments and in transferring the functions, duties, and responsibilities of such departments, boards, commissions, authorities, and agencies to the appropriate agencies of the restructured government of Macon-Bibb County; and (2) In all other respects in order that the transfer of the governments be accomplished in the most orderly manner possible. The officers of the restructured government shall be entitled to examine all records, files, and other data in the possession of the former governments and of all officers, officials, employees, and departments thereof. The former governments shall to the extent possible provide working areas and facilities for the officers of the restructured government.

SECTION 35. This charter may be modified, rescinded, changed, or amended by only the following methods:
(1) An Act of the General Assembly of Georgia; or (2) An ordinance adopted by the commission of Macon-Bibb County, Georgia, as provided for in Article IX, Section II, Paragraph I of the Constitution of the State of Georgia.

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SECTION 36. (a) Except as otherwise provided by this charter, all contracts, orders, leases, bonds, and other obligations or instruments entered into by Bibb County or for its benefit prior to the effective date of this charter shall continue in effect according to the terms thereof as obligations and rights of the restructured government; provided, however, any obligation created by Bibb County to become effective after the date of approval of this charter and prior to the effective date of this charter shall be subject to ratification and approval by the commission of the restructured government within six months following the effective date of this charter. (b) Except as otherwise provided by this charter, contracts, orders, leases, bonds, and other obligations or instruments entered into by the City of Macon or the City of Payne City or for its benefit prior to the effective date of this charter shall continue in effect according to the terms thereof as obligations and rights of the restructured government; provided, however, any obligation created by the City of Macon or the City of Payne City to become effective after the date of approval of this charter and prior to the effective date of this charter shall be subject to ratification and approval by the commission of the restructured government within six months following the effective date of this charter. (c) No pending action or proceeding of any nature, whether civil, criminal, judicial, administrative, or other, by or against the City of Macon, the City of Payne City, or Bibb County or an agency or department thereof shall be abated or otherwise affected by the adoption of this charter, and the restructured government shall stand substituted as a party in lieu thereof.

SECTION 37. (a) Effective September 1, 2012, there is created a transition task force for the purpose of planning and preparing for the assumption of governmental powers by the restructured governing authority. The transition task force shall be composed of members as follows:
(1) The chairperson of the board of commissioners of Bibb County who shall be the co-chief executive officer of the task force; (2) The chairperson of the finance committee of the board of commissioners of Bibb County; (3) The chairperson of the finance committee of the city council of the City of Macon; (4) The mayor of the City of Macon who shall be the co-chief executive officer of the task force; (5) The president of the city council of the City of Macon; (6) The president of the Bibb County Chamber of Commerce; (7) The Macon City Police Chief; (8) The chairperson of the Bibb County delegation in the General Assembly who shall serve as chairperson of the transition task force; (9) The vice-chairperson of the Bibb County delegation in the General Assembly; (10) The sheriff of Bibb County; and

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(11) Five members appointed by the members of the General Assembly whose districts include all or any portion of Bibb County. The transition task force shall meet upon the call of the chairperson of the transition task force for the purpose of planning and scheduling the initial organization of the government in accordance with the applicable provisions of this charter. (b) The transition task force shall be authorized to make such recommendations as it deems appropriate for the assumption of governmental powers by the commission. The transition task force is specifically charged with the responsibility of developing proposed ordinances which should be considered for adoption by the commission at its first regular meeting held following the second Tuesday in September, 2012, or at a regular meeting of the commission held as soon thereafter as practicable. (c) All officers, officials, including elected officials, and employees of Bibb County, the City of Macon, and the City of Payne City shall cooperate with and assist the transition task force. The transition task force shall be entitled to examine all records, files, and other data in the possession of Bibb County, the City of Macon, and the City of Payne City and all officers, officials, and employees and departments thereof. Bibb County, the City of Macon, and the City of Payne City shall, to the extent possible, provide working areas and facilities for the transition task force. (d) The transition task force shall be authorized to receive and expend appropriations from the board of commissioners of Bibb County and from the mayor and commission of the City of Macon and from the governing authority of the City of Payne City for the purpose of carrying out its duties, but members of the transition task force shall receive no compensation for their services as such members. (e) During the period beginning on the date on which this charter is approved in the referendum provided for by Section 45 of this charter, it shall be the duty of the transition task force to recommend and the duty of the board of commissioners of Bibb County and the mayor and commission of the City of Macon to implement, where possible, such restructuring or reorganization of services, functions, powers, and duties as may be advantageous to the restructuring of such governments. (f) The transition task force shall be abolished on the date specified by the commission.

SECTION 38. On and after January 1, 2014, that portion of the City of Macon that is located in Jones County shall be treated as having been deannexed from the City of Macon and shall be an unincorporated area of Jones County.

SECTION 39. In the event any section, subsection, sentence, clause, or phrase of this charter 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 charter, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so

GEORGIA LAWS 2012 SESSION

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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 charter if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

SECTION 40. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Bibb County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Bibb County for approval or rejection. The election superintendent shall conduct that election on the date of the general primary in 2012 and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Bibb County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act restructuring the governments of the City of Macon, the City of Payne City, and Bibb County and creating a single county-wide government to supersede and replace these governments and providing for the termination of the terms of office of members of the governing authorities of Bibb County, the City of Macon, and the City of Payne City and which cuts short the terms of sitting commission members and county commissioners to 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 in the county as a whole cast on such question are for approval of the Act and if more than one-half of the votes cast in the City of Macon on such question are for approval of the Act, this charter shall become of full force and effect on January 1, 2013. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Bibb County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

SECTION 41. (a) Sections 37 and 40 of this Act and this section shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. (b) Except as provided in Section 39 of this Act, the remaining provisions of this Act shall become effective on the second Monday in January, 2014.

SECTION 42. All laws and parts of laws in conflict with this Act are repealed.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Plan: bibbcon12-hd139p2r-rev2 Plan Type: Local Administrator: Bibb Co. User: Gina

District 001 Bibb County VTD: 021HO3 - HOWARD 3 VTD: 021HO6 - HOWARD 6 VTD: 021HO7 - HOWARD 7 VTD: 021HO8 - HOWARD 8 VTD: 021HO9 - HOWARD 9 013408: 1016 1017 1018 1030 1031 013410: 1000 1001 1002 1003 1004 1005 1006 1007 1040 1041 1042 3029 3030 013411: 2009 2010 2011 2012 2013 2014 2015 2021 2022 2036

District 002 Bibb County VTD: 021EM1 - EAST MACON 1 VTD: 021EM4 - EAST MACON 4 011000: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 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 3004 3005 3010 3011 3012 3013 3014 3015 3016 3017 4003 4004 4005 4006 4007 4008 4009 VTD: 021GF1 - GODFREY 1 010800: 1070 1071 011500: 1000 1001 1005 013700: 1059 1060 1061 1065 1066 1067 1070 1071 1072 1073 1074 1075 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1098 1107 1110 1112 1117 1118 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135

GEORGIA LAWS 2012 SESSION
1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 1161 1162 1163 1164 1165 1166 1167 1168 1169 1170 1171 1172 1173 1174 1175 1176 1177 1178 1179 1180 1181 1182 1183 1184 1185 1186 1187 1188 1189 1190 1191 1192 1193 1194 1195 1196 1197 1198 1199 1200 1201 1202 1203 1204 1205 1206 1207 1208 1209 1210 1211 1212 1213 1214 1215 1216 1217 1218 1219 1220 1221 1222 1223 1224 1225 1226 1227 1228 1229 1230 1231 1232 1233 1234 1235 1236 1237 1238 1239 1240 1241 1242 1243 1244 1245 1246 1247 1248 1249 1250 1251 1252 1253 1254 2021 2022 2023 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 3001 3002 3003 3004 3005 3006 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 013900: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 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 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 VTD: 021GF2 - GODFREY 2 VTD: 021GF4 - GODFREY 4 012700: 2006 2007 2010 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 012800: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 012900: 1000 2007 2008 2012 2013 2015 2016 VTD: 021HO5 - HOWARD 5
District 003 Bibb County VTD: 021EM2 - EAST MACON 2 VTD: 021EM3 - EAST MACON 3

5629

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

VTD: 021EM4 - EAST MACON 4 011000: 3001 3002 3003 3006 3007 3008 3009 4000 4001 5001 5002 5003 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5023 5024 5025 5026 5027 VTD: 021EM5 - EAST MACON 5 VTD: 021EM6 - EAST MACON 6 VTD: 021RU2 - RUTLAND 2 013502: 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 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 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 013504: 3017 3020 3021 3022 3023 3026 3027 4001 4002 4012 4013 013900: 1189 1192 1194 1195 1196 1197 1199 1200 1201 1214 1215 1216 1217 1218 1219

District 004 Bibb County VTD: 021HA1 - HAZZARD 1 013201: 2004 2033 2035 2036 2047 2048 2049 VTD: 021HA2 - HAZZARD 2 VTD: 021HA3 - HAZZARD 3 013201: 2000 2001 2002 2003 2005 2006 2008 2009 2011 2020 2021 2022 2028 2030 2031 2032 2034 2055 013410: 2022 2027 013605: 1005 1006 1007 1008 1010 1011

GEORGIA LAWS 2012 SESSION
VTD: 021HA7 - HAZZARD 7 013409: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2015 2016 2018 2019 2020 2021 2022 013605: 2015 VTD: 021HO1 - HOWARD 1 VTD: 021HO2 - HOWARD 2 VTD: 021HO4 - HOWARD 4 011800: 3000 3001 3002 3003 3007 3008 3010 3011 3012 3013 4003 4005 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 012200: 1000 VTD: 021HO9 - HOWARD 9 013410: 1029 3000 3001 3002 3003 3004 3013 3027 3028 013411: 2016 2017 2018 2019 2020 2037 2038 2039 2040 2041 2042 2043 2044 2045 2047
District 005 Bibb County VTD: 021GF1 - GODFREY 1 010200: 3019 010300: 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 1040 1041 1042 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 1078 VTD: 021GF3 - GODFREY 3 010400: 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

5631

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

4035 4036 4037 4038 4039 4040 4041 4042 4043 012500: 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 012600: 2006 2017 2018 2019 VTD: 021VV2 - VINEVILLE 2 VTD: 021VV3 - VINEVILLE 3 VTD: 021VV6 - VINEVILLE 6 VTD: 021VV7 - VINEVILLE 7 010200: 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 011800: 1007 1018 VTD: 021VV8 - VINEVILLE 8

District 006 Bibb County VTD: 021HA1 - HAZZARD 1 013201: 2040 2041 2042 2043 2044 2045 2046 2050 2051 VTD: 021HA3 - HAZZARD 3 013101: 1069 1070 013201: 2007 2010 2023 2024 2025 2026 2027 2029 2052 2053 2054 4043 013603: 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 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 013604: 2000 2001 2019 2020 2028 2029 2030 3000 3001 3002 3005 013606: 1010 1011 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4019 VTD: 021HA4 - HAZZARD 4

GEORGIA LAWS 2012 SESSION
VTD: 021HA7 - HAZZARD 7 013605: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 VTD: 021WA1 - WARRIOR 1 VTD: 021WA2 - WARRIOR 2 013101: 1073 1074 1075 013603: 1000 1001 1002 1003 1004 1005 1015 1016 1017 1029 1031 2046 013604: 1010 1011 1012 1013 1014 1015 1016 1017 1020 3003 3004 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018
District 007 Bibb County VTD: 021GF4 - GODFREY 4 012900: 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 2014 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 013900: 1152 1153 1154 1170 1171 1179 1180 1181 1182 1183 1184 1185 1186 1187 1188 1191 1226 VTD: 021GF7 - GODFREY 7 VTD: 021RU1 - RUTLAND 1 VTD: 021RU2 - RUTLAND 2 013504: 3000 3001 3002 3003 3004 3005 3006 3024 3025 4000 4003 4004 4005 4006 4007 4008 4009 4010 4011 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 VTD: 021WA2 - WARRIOR 2 013603: 1006 1007 1008 1009 1010 1011 1012 1013 1014 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1030 1032 1033 1034 1035 1036 1037 1038

5633

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

District 008 Bibb County VTD: 021GF1 - GODFREY 1 010300: 1020 1021 1022 1037 1038 1039 1043 1044 1045 1046 1077 010400: 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 010500: 1000 1001 1002 1003 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 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 011500: 1002 1003 1004 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 2036 2037 2038 2039 2040 2047 2048 2049 2056 2057 013700: 2009 2012 2017 2018 2019 2035 3000 3007 VTD: 021GF3 - GODFREY 3 010400: 2015 2016 2017 2018 2019 2020 2021 2025 2026 2027 2028 2029 2030 2031 2032 2033 VTD: 021GF5 - GODFREY 5 VTD: 021GF6 - GODFREY 6 VTD: 021HA6 - HAZZARD 6 013101: 3000 3013 3025 013102: 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 VTD: 021VV1 - VINEVILLE 1

District 009 Bibb County VTD: 021HA1 - HAZZARD 1 012500: 2016 3026 013201: 1000 1001 1002 1003 1004 2012 2013 2017 2018 2019 2037 2038

GEORGIA LAWS 2012 SESSION
2039 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 4000 4001 4002 4016 4017 4018 4019 4020 4021 4022 4028 4029 4030 4031 4033 4034 4035 4036 4037 4038 4039 4045 4046 VTD: 021HA3 - HAZZARD 3 013201: 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4023 4024 4025 4032 4041 4042 VTD: 021HA5 - HAZZARD 5 VTD: 021HA6 - HAZZARD 6 013101: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 3001 3002 3003 3018 3022 3026 013202: 1010 1014 1015 1017 1020 3011 VTD: 021HO4 - HOWARD 4 011800: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 3004 3005 3006 3009 4008 4019 012000: 3015 3016 3021 3022 VTD: 021VV4 - VINEVILLE 4 VTD: 021VV5 - VINEVILLE 5 VTD: 021VV7 - VINEVILLE 7 011800: 1000 1001 1002 1003 1004 1005 1006 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1019 3014 3015 3016 3017 3018 3019 3020 3021 012200: 1001 1002 1003 1004 1005 1006 1007 1013 012300: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012

5635

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2012 session of the General Assembly of Georgia a bill to provide for the restructuring of the governments of the City

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

of Macon, the City of Payne City, and Bibb County; to create and incorporate a new political body corporate under the name Macon-Bibb County; to provide for the status, boundaries, and powers of the restructured government; to provide for the form, administration, and affairs of the restructured government; to provide for officers and employees, elections, courts, authorities, taxation, and finance; to provide for related matters; to provide for severability; to provide for a referendum; to provide for effective dates; to repeal conflicting laws; and for other purposes.

/s/Representative Nikki Randall District 138

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Nikki Randall, who on oath deposes and says that she is the Representative from District 138 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Macon Telegraph which is the official organ of Bibb County on January 14, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

s/ NIKKI RANDALL Nikki Randall Representative, District 138

Sworn to and subscribed before me, this 24th day of February 2012.

s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2015 (SEAL)

Approved April 20, 2012.

__________

GEORGIA LAWS 2012 SESSION

5637

MACON WATER COMMISSIONERS - PENSION PLAN EXCLUDE NEW HIRES; OPTION TO PARTICIPATE IN NEW PLAN; LIMITATIONS ON COMPENSATION AND BENEFITS; DIRECT ROLLOVERS.

No. 661 (House Bill No. 635).

AN ACT

To amend an Act entitled "Macon Water Commissioners - Pension Plan," approved December 30, 1953 (Ga. L. 1953, p. 2831), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 3947), an Act approved April 4, 1996 (Ga. L. 1996, p. 4042), an Act approved May 17, 2004 (Ga. L. 2004, p. 4384), and an Act approved May 5, 2006 (Ga. L. 2006, p. 4392), so as to exclude individuals whose date of hire is on and after July 1, 2012, from entering the plan and to give existing participants the right to elect to participate in a new plan established by the board of the authority provided they meet the eligibility requirements of the new plan; to change the definition of the term "disability"; to provide the actuarial equivalent basis which is stated in the document; to provide for certain limitations on compensation and benefits; to update provisions relating to required distributions; to provide for direct rollovers; to provide for related matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act entitled "Macon Water Commissioners - Pension Plan," approved December 30, 1953 (Ga. L. 1953, p. 2831), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 3947), an Act approved April 4, 1996 (Ga. L. 1996, p. 4042), an Act approved May 17, 2004 (Ga. L. 2004, p. 4384), and an Act approved May 5, 2006 (Ga. L. 2006, p. 4392), is amended by deleting the provisions contained in said amendatory Acts and inserting in lieu thereof the following:

"ARTICLE I Definitions.

As used in this plan, the following words and phrases shall have the meanings set forth herein unless a different meaning is clearly required by the context:
1.1 'Accrued benefit' means, at any time, the amount a member is entitled to receive pursuant to Section 5.2 of the plan. In no event shall the accrued benefit as of any accrual date subsequent to this amendment be less than the accrued benefit as of the adoption date of this amendment.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

1.2. 'Actuarial equivalent' means a form of benefit differing in time, period, or manner of payment from a specific benefit provided under the plan but having the same value when computed using generally accepted actuarial principles. All alternate forms of distribution shall be actuarially equivalent to the normal annuity form of distribution at the normal retirement date. Effective April 1, 2010, the conversion to an alternate form shall be based upon the 1983 Group Annuity Mortality Table assuming the member is a male and an interest rate of 5 percent. Prior to April 1, 2010, the conversion to an alternate form shall be based upon the UP-1984 Mortality Table and an interest rate of 7.75 percent; provided, however, that the pension board may prospectively change the basis for actuarial equivalent to a different mortality table and interest rate basis. Any such change shall be in writing, shall only take effect when recommended by the plan's actuary and then approved by the pension board, and shall be incorporated into the plan by reference to this section. 1.3 'Administrator' means the authority unless another person or entity has been designated by the authority pursuant to Section 2.2 of the plan to administer the plan. 1.4 'Age' means age at last birthday. 1.5 'Anniversary date' means October 1. 1.6 'Annuity starting date' means, with respect to any member, the first day of the first period for which an amount is paid as an annuity, or, in the case of a benefit not payable in the form of an annuity, the first day on which all events have occurred which entitles the member to such benefit. 1.7 'Authority' and 'Macon Water Authority' means the legal entity created by an Act approved March 2, 1966 (Ga. L. 1966, p. 2737), as amended, particularly by an Act approved March 23, 1992 (Ga. L. 1992, p. 4991). 1.8 'Authorized leave of absence' means an unpaid, temporary cessation from active employment with the employer pursuant to an established nondiscriminatory policy, whether occasioned by illness, military service, or any other reason. 1.9 'Beneficiary' means the person or entity to whom all or a portion of a deceased member's interest in the plan is payable. 1.10 'Code' means the federal Internal Revenue Code of 1986, as amended. 1.11 'Compensation' means a member's total wages for federal income tax withholding purposes, as defined under Code Section 3401(a), but excluding any bonuses payable to such member. Such term shall include all other payments to an employee in the course of the employer's trade or business for which the employer must furnish the employee a written statement under Code Sections 6041, 6051, and 6052 ('W-2 Wages'), but determined without regard to any rules that limit the remuneration included in wages based on the nature or location of the employment or services performed. Compensation shall include elective contributions that are made by the employer on behalf of a member that are not includible in gross income under Code Section 125, 132(f)(4), 402(e)(3), 402(h)(1)(B), 403(b), 408(p), or 457(b) and shall include amounts included in the employee's gross income under Code Section 402A and contributed by the employer, at

GEORGIA LAWS 2012 SESSION

5639

the employee's election, to a cafeteria plan, a qualified transportation fringe benefit plan, a 401(k) plan, a Salary Reduction Simplified Employee Pension Plan (SARSEP), a tax-sheltered annuity, a Savings Incentive Match Plan for Employees (SIMPLE), or a Code 457(b) plan. Employee contributions 'picked up' by the authority and treated as employer contributions pursuant to Code Section 414(h)(2) shall also be considered as compensation. The annual compensation of each member taken into account in determining benefit accruals in any plan year beginning after December 31, 2001, shall not exceed $200,000.00 or such other amount as approved by the United States Secretary of the Treasury from time to time. Compensation for any employee who becomes eligible or ceases to be eligible to participate during a determination period shall only include compensation while the employee is an eligible employee. If, in connection with the adoption of any amendment, the definition of 'compensation' has been modified, then, except as otherwise provided by the plan, for plan years prior to the plan year which includes the adoption date of such amendment, 'compensation' means compensation determined pursuant to the terms of the plan then in effect. 1.12 'Credited service' means a member's period of service for purposes of determining the amount of any benefit for which the member is eligible under the plan and is defined as years of service. 1.13 'Earliest retirement age' means the earliest attained age for which, under the plan, a member could elect to receive retirement benefits. 1.14 'Early retirement date' means the first of any month following earliest retirement age and before normal retirement age as provided in Section 5.3 of the plan. 1.15 'Effective date' means October 1, 2010, except to the extent that provisions are required to apply to an earlier date or are required to apply to any other members in order to comply with applicable law or the terms of the plan. The original effective date of the plan was December 30, 1953. 'Date of enactment' is July 1, 2012. Plan changes in paragraphs (1.14), (1.21), and (1.31) of this section, Section 4.1, and the minimum benefit under Section 5.2 of the plan take effect on July 1, 2012. 1.16 'Eligible employee' means all employees and officers of the authority, except for:
(A) Elected members of the authority and the attorney-at-law for the authority; (B) All casual or temporary employees and contractors and their employees, whose work with the authority is casual, temporary, or by the job or contract; and (C) All officers and employees whose employment with the authority is part time and the majority of whose income is not derived from employment with the authority; the authority is vested with full authority to solely and exclusively judge and determine the application of this coverage exception; provided, however, that no officer or employee first or again employed on or after July 1, 2012, shall be eligible for membership in the plan. 1.17 'Employee' means any person who is employed by the employer. 1.18 'Employer' means the Macon Water Authority.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

1.19 'Family member' means, with respect to an affected member, such member's spouse and such member's lineal descendants and ascendants and their spouses, all as described in Code Section 414(q)(6)(B). 1.20 'Fiduciary' means any person who:
(A) Exercises any discretionary authority or discretionary control respecting management of the plan or exercises any authority or control respecting management or disposition of its assets; (B) Renders investment advice for a fee or other compensation, direct or indirect, with respect to any moneys or other property of the plan or has any authority or responsibility to do so; or (C) Has any discretionary authority or discretionary responsibility in the administration of the plan. 1.21(A) 'Final average monthly compensation' means the total compensation of a member received from the authority during the last three years of service with the authority, divided by 36; provided, however, that in the event of prolonged illness or other justifying cause suffered by the member, such condition to be judged solely by the authority, the authority may compute a member's final average monthly compensation by using the three years most productive of compensation from the authority, and divide such total by 36. (B) Notwithstanding the provisions of subparagraph (A) of this paragraph, effective December 31, 2012, 'final average monthly compensation' means the greater of:
(i) The total compensation of a member received from the authority during the four consecutive calendar years that produce the highest average out of the last 15 calendar years, divided by 48; or (ii) The final average monthly compensation determined under subparagraph (A) of this paragraph. 1.22 'Forfeiture' means that portion of a member's accrued benefit that is not vested and is disposed of in accordance with the provisions of the plan. A forfeiture will occur on the earlier of: (A) The last day of a one-year break in service; (B) The distribution of the entire vested portion of the member's accrued benefit of a former member who severed employment with the employer. For purposes of this subparagraph, if the former member has a vested benefit of zero, then such former member shall be deemed to have received a distribution of such vested benefit as of the year in which the severance of employment occurs; or (C) The distribution of the entire balance of a member's employee contributions, plus interest. 1.23 'Former member' means a person who has been a member, but who has ceased to be a member for any reason and has incurred a one-year break in service. 1.24 'Hour of service' means an hour of service with the authority. 1.25 'Investment manager' means a fiduciary as described in Code Section 3(38).

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1.26 'Joint and survivor annuity' means an annuity for the life of a member with a survivor annuity for the life of the member's beneficiary which is not less than 50 percent nor greater than 100 percent of the amount of the annuity payable during the joint lives of the member and the member's beneficiary. The joint and survivor annuity shall be the actuarial equivalent of the member's present value of vested accrued benefit. 1.27 'Late retirement date' means the first day of the month coinciding with or next following a member's actual retirement after having reached the normal retirement date. 1.28 'Limitation year' means the plan year. 1.29 'Member' means any eligible employee who has satisfied the requirements of Section 3.2 of the plan and has not for any reason become ineligible to participate further in the plan. 1.30 'Maternity or paternity leave of absence' means an absence from work for any period by reason of the employee's pregnancy, birth of the employee's child, placement of a child with the employee in connection with the adoption of such child, or any absence for the purpose of caring for such child for a period immediately following such birth or placement. 1.31 'Normal retirement age' means age 63. 1.32 'Normal retirement date' means the first day of the month immediately next following the date on which the member reached normal retirement age. 1.33 'One-year break in service' means a period of severance of 12 consecutive months; provided, however, that in the case of an employee who is absent from work with the authority for maternity or paternity reasons, the 12 consecutive month period beginning on the first anniversary of the first date the employee is otherwise absent from service with the authority does not constitute a one-year break in service. 1.34 'Permanently and totally disabled' means that a member has been determined to be disabled within the meaning of the federal Social Security Act and regulations thereunder and is actually drawing Social Security benefits on account of such disability. 1.35 'Plan' means the Macon Water Authority employees' pension plan created by this Act, any and all supporting documents, and all subsequent amendments and supplements thereto. 1.36 'Plan year' means the plan's 12 consecutive month accounting year, beginning on January 1 and ending the following December 31. 1.37 'Present value of accrued benefit' means the actuarial equivalent lump-sum amount of a member's accrued benefit at date of valuation. 1.38 'Regulation' means the income tax regulations as promulgated by the United States Secretary of the Treasury or his or her delegate, as amended from time to time. 1.39 'Retired member' means a member who has become entitled to retirement benefits under the plan. 1.40 'Retirement date' means the date as of which a member retires whether such retirement occurs on a member's normal retirement date, early retirement date, or late retirement date.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

1.41 'Sponsor' means the Macon Water Authority and any successor thereto that elects to assume sponsorship of this plan. 1.42 'Spouse' means the spouse of a married member, provided that a former spouse shall be treated as a spouse or surviving spouse to the extent provided under a qualified domestic relations order as described in Code Section 414(p). 1.43 'Straight life annuity' means an annuity payable in equal installments for the life of a member that terminates upon the member's death. 1.44 'Terminated member' means a person who has been a member, but whose employment has been terminated other than by death or retirement. 1.45 'Trustee' means the person, corporation, association, or combination of them who accepts the appointment to execute the duties of the trustee as specifically set forth in any trust agreement entered into pursuant to the plan. 1.46 'Trust fund' means the assets of the plan and trust as the same shall exist from time to time. 1.47 'Vested' means the nonforfeitable portion of a member's accrued benefit. 1.48 'Year of service' means the computation period of 12 consecutive months during which an employee is employed by the authority. In computing fractional years of service, six or more service months shall be considered a year of service. No period during which benefits are being paid shall be considered service or any portion of a year of service. The computation period shall begin with the date on which the employee first performs an hour of service (employment commencement date). Subsequent computation periods shall continue to end on subsequent anniversary dates of the employee's employment commencement date.

ARTICLE II Administration.

2.1. POWERS AND RESPONSIBILITIES OF THE AUTHORITY. (a) In addition to the general powers and responsibilities otherwise provided for in this plan, the authority shall be empowered to appoint and remove the trustee and the administrator from time to time as it deems necessary for the proper administration of the plan to ensure that the plan is being operated for the exclusive benefit of the members and their beneficiaries in accordance with the terms of the plan and the Code. The authority may appoint counsel, specialists, advisers, agents, including any nonfiduciary agent, and other persons as the authority deems necessary or desirable in connection with the exercise of its fiduciary duties under this plan. The authority may compensate such agents or advisers from the assets of the plan as fiduciary expenses, but not including any business or settlor expenses of the employer, to the extent not paid by the employer. (b) The authority may, by written agreement or designation, appoint at its option an investment manager, qualified under the federal Investment Company Act of 1940, as amended, an investment adviser, or other agent to provide direction to the trustee with

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5643

respect to any or all of the plan assets. Such appointment shall be given by the authority in writing in a form acceptable to the trustee and shall specifically identify the plan assets with respect to which the investment manager or other agent shall have the authority to direct the investment. (c) The authority may invest all or any part of the trust fund:
(1) As provided by the then effective laws of Georgia for investments by trustees or investments by guardians without court order or proceedings; (2) As provided by the then effective laws of Georgia for investments by trustees or investments by guardians with court order or proceedings; and (3) Without court order and without authority or permission of any kind, other than as provided in the plan, in stocks, bonds, and securities then approved as investments of common trust funds by an active trust department of any state or national bank having a place of business in the State of Georgia. (d) The authority may at any time, and from time to time and subject to immediate revocation, delegate the powers of investment, or any portion thereof, provided for in subsection (c) of this section to a custodian of the trust fund; but no investment by a custodian other than as provided by the then effective laws of the State of Georgia for investments by trustees or guardians without court order shall be made except upon written approval of each specific investment by the authority or by the member of the authority designated for the purpose of supervising such investments.

2.2. DESIGNATION OF ADMINISTRATIVE AUTHORITY. The authority shall be the administrator. The authority may appoint a committee, to be known as the pension committee, composed of six members. The pension committee shall perform the duties of the administrator in accordance with the rules and regulations as may be prescribed by the authority. The authority shall elect three of its members to the pension committee who shall serve at the pleasure of the authority. The official and employee members of the plan shall elect and certify to the authority three members who shall serve on the pension committee for terms of four years and until their successors are elected. The members of the plan shall meet on the first Monday in April beginning in 1994 and each two years thereafter for the purpose of electing the employee members of the pension committee. The members of the plan shall also meet to elect any new member required to fill any unexpired term created by a vacancy in office. In the event of an equal division of opinion of the pension committee on any matter properly brought before it, the Chief Judge of the Macon Judicial Circuit, or his or her designee, shall be consulted and shall cast the deciding vote.

2.3. ALLOCATION AND DELEGATION OF RESPONSIBILITIES. The responsibilities of the pension committee may be specified by the authority and accepted in writing by each elected member. In the event that no such delegation is made by the authority, the pension committee may allocate the responsibilities among

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

themselves, in which event the pension committee shall notify the authority and the trustee in writing of such action and specify the responsibilities of each member of the pension committee. The trustee thereafter shall accept and rely upon any documents executed by the appropriate member until such time as the authority or the pension committee file with the trustee a written revocation of such designation.

2.4. POWERS AND DUTIES OF THE ADMINISTRATOR. The primary responsibility of the administrator is to administer the plan for the exclusive benefit of the members and their beneficiaries, subject to the specific terms of the plan. The administrator shall administer the plan in accordance with its terms and shall have the power and discretion to construe the terms of the plan and determine all questions arising in connection with the administration, interpretation, and application of the plan. Any such determination by the administrator shall be conclusive and binding upon all persons. The administrator may establish procedures, correct any defect, supply any information, or reconcile any inconsistency in such manner and to such extent as shall be deemed necessary or advisable to carry out the purpose of the plan; provided, however, that any procedure, discretionary act, interpretation, or construction shall be done in a nondiscriminatory manner based upon uniform principles consistently applied, shall be consistent with the intent that the plan continue to be deemed a qualified plan under the terms of Code Section 401(a), and shall comply with the terms of the plan and all regulations issued pursuant thereto. The administrator shall have all powers necessary or appropriate to accomplish its duties under the plan. The administrator shall be charged with the duties of the general administration of the plan as set forth under the terms of the plan, including, but not limited to, the following:
(1) The discretion to determine all questions relating to the eligibility of an employee to participate or remain a member and to receive benefits under the plan; (2) The authority to review and settle all claims against the plan, including claims where the settlement amount cannot be calculated or is not calculated in accordance with the plan's benefit formula. This authority specifically permits the administrator to settle disputed claims for benefits and any other disputed claims made against the plan; (3) To compute, certify, and direct the trustee with respect to the amount and the kind of benefits to which any member shall be entitled under the plan; (4) To authorize and direct the trustee with respect to all discretionary or otherwise directed disbursements from the trust fund; (5) To maintain all necessary records for the administration of the plan; (6) To interpret the provisions of the plan and to make and publish such rules for regulation of the plan that are consistent with the terms of the plan; (7) To determine the validity of, and take appropriate action with respect to, any qualified domestic relations order received by it; and (8) To adopt a new set of actuarial equivalent factors by resolution, which shall be incorporated into the plan by reference.

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2.5. RECORDS AND REPORTS. The administrator shall keep a record of all actions taken and shall keep all other books of account, records, and other data that may be necessary for proper administration of the plan and shall be responsible for supplying all information and reports to the federal Internal Revenue Service, members, beneficiaries, and others as required by law.

2.6. APPOINTMENT OF ADVISERS. The administrator, or the trustee with the consent of the administrator, may appoint counsel, actuaries, specialists, advisers, agents (including nonfiduciary agents), and other persons as the administrator or the trustee deems necessary or desirable in connection with the administration of the plan, including, but not limited to, agents and advisers to assist with the administration and management of the plan, and by so doing to provide, among such other duties as the administrator may appoint, assistance with maintaining plan records and the providing of investment information to the plan's investment fiduciaries and to plan members.

2.7. INFORMATION FROM THE AUTHORITY. The authority shall supply full and timely information to the administrator on all pertinent facts as the administrator may require in order to perform its function, and the administrator shall advise the trustee of such of the foregoing facts as may be pertinent to the trustee's duties under the plan. The administrator may rely upon such information as is supplied by the employer and shall have no duty or responsibility to verify such information.

2.8. PAYMENT OF EXPENSES. All reasonable expenses of administration may be paid out of the plan assets unless paid by the employer. Such expenses shall include any expenses incident to the functioning of the administrator or any person or persons retained or appointed by any named fiduciary incident to the exercise of their duties under the plan, including, but not limited to, fees of accountants, actuaries, counsel, investment managers, agents (including nonfiduciary agents) appointed for the purpose of assisting the administrator or the trustee in carrying out the instructions of members as to the directed investment of their accounts, if permitted, and other specialists and their agents, and other costs of administering the plan. Until paid, the expenses shall constitute a liability of the trust fund. In addition, unless specifically prohibited under statute, regulation, or other guidance of general applicability, the administrator may charge to the account of an individual member a reasonable charge to offset the cost of making a distribution to the member, beneficiary, or alternate payee under a qualified domestic relation order, as defined in Code Section 414(p). If liquid assets of the plan are insufficient to cover the fees of the trustee or the plan administrator, then plan assets shall be liquidated to the extent necessary for such fees. In the event any part of the plan assets becomes subject to tax, all taxes incurred will be paid from the plan assets. Until paid, the expenses shall constitute a liability of the trust fund.

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ARTICLE III Eligibility.

3.1 CONDITIONS OF ELIGIBILITY. Any eligible employee shall be eligible to participate in this plan as of such eligible employee's employment commencement date.

3.2 EFFECTIVE DATE OF PARTICIPATION. An eligible employee shall become a member effective as of such eligible employee's employment commencement date.

3.3 DETERMINATION OF ELIGIBILITY. The administrator shall determine the eligibility of each employee for participation in the plan based upon information furnished by the employer. Such determination shall be conclusive and binding upon all persons so long as the same is made pursuant to the plan.

3.4 TERMINATION OF ELIGIBILITY. In the event a member shall go from a classification of an eligible employee to an ineligible employee, such former member shall continue to vest in the plan for each year of service completed while an ineligible employee until such time as the member's accrued benefit is forfeited or distributed pursuant to the terms of the plan.

3.5 REHIRED EMPLOYEES AND BREAKS IN SERVICE. (a) Any member who becomes a former member due to severance from employment with the authority and who is reemployed by the authority shall become a member as of the member's reemployment date, provided such individual is not an ineligible employee as of the member's reemployment date. (b) If any member becomes a former member due to severance from employment with the employer and is reemployed after a one-year break in service has occurred, years of service shall include years of service prior to the one-year break in service subject to the following provisions:
(1) The former member's employee contributions, with applicable interest, shall have remained in the plan; (2) The former member has received no benefit under this plan for the prior service; and (3) A former member who has not had years of service before a one-year break in service disregarded pursuant to paragraph (1) of this subsection shall participate in the plan as of the date of reemployment. (c) A former member who has received a distribution which is equal to any portion of his or her accrued benefit under the plan shall not have those years of credited service for which the distribution applied restored upon reemployment with the authority. For purposes of this subsection, if the member's vested portion of the present value of accrued

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benefit is zero, then the member shall be deemed to have received a distribution of such vested portion.

ARTICLE IV Contribution and valuation.

4.1 PAYMENT OF EMPLOYEE CONTRIBUTIONS. (a) Effective July 1, 2004, each member shall contribute 6.20 percent of compensation received from the authority. Prior to July 1, 2004, each member contributed 4.61 percent of compensation received from the authority from December 30, 1953, until the member's termination of employment. (b) Effective July 1, 2002, the authority shall credit each member with simple interest on the member's required employee contributions equal to 75 percent of the actuarial equivalent interest rate per calendar year. Prior to July 1, 2002, the authority credited each member with simple interest on the member's required employee contributions equal to 6.00 percent per calendar year. (c) The amount of the employee contributions provided for in this section to be paid by each member shall be deducted and withheld by the authority as an after-tax employee contribution, unless the employer chooses to implement a government pick-up provision that:
(1) Specifies that the contributions, although designated as employee contributions, are being paid by the authority in lieu of employee contributions; such action shall be applied prospectively and be evidenced by either resolution or minutes of a meeting of the authority for such action; or (2) Does not permit a member from and after the date of the pick-up to have a cash or deferred election right, within the meaning of Treas. Reg. 1.401(k)-1(a)(3), with respect to designated employee contributions; members may not opt out of the pick-up or elect to receive the contributed amounts directly instead of having them paid by the authority to the plan.

4.2 PAYMENT OF EMPLOYER CONTRIBUTIONS. The authority shall pay to the plan from time to time such amounts in cash as the administrator and employer shall determine to be necessary to provide the benefits under the plan determined by the application of accepted actuarial methods and assumptions. The authority will contribute the greater of (1) an amount equal to the total member contributions for the fiscal year, less, at the discretion of the authority, any forfeitures, or (2) the amount required to meet the funding requirements of Chapter 20 of Title 47 of the O.C.G.A., the 'Public Retirement Systems Standards Law.' The method of funding shall be consistent with plan objectives; provided, however, that the employer may pay such contributions as appropriate directly to the trustee, and such payment shall be deemed a

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contribution to the plan. The amounts paid pursuant to this section shall be paid from the general funds of the authority and shall be treated as a personnel expense.

4.3 ACTUARIAL METHODS. In establishing the liabilities under the plan and contributions to the plan, the plan's actuary will use such methods and assumptions as will reasonably reflect the cost of the benefits. The plan assets are to be valued on the basis of any reasonable method of valuation that takes into account fair market value pursuant to regulations. There must be an actuarial valuation of the plan as frequently as required by law.

4.4 QUALIFIED MILITARY SERVICE. (a) Notwithstanding any provisions of this plan to the contrary, contributions, benefits, and service credit for qualified military service will be provided in accordance with Code Section 414(u). (b) In the case of a death occurring on or after January 1, 2007, if a participant dies while performing qualified military service, as defined in Code Section 414(u), the participant's beneficiary is entitled to any additional benefits other than benefit accruals relating to the period of qualified military service provided under the plan as if the participant had resumed employment and then terminated employment on account of death. The plan shall credit the participant's qualified military service as service for vesting purposes, as though the participant had resumed employment under the federal Uniformed Services Employment and Reemployment Rights Act ('USERRA') immediately prior to the participant's death. (c) For years beginning after December 31, 2008:
(1) An individual receiving a differential wage payment, as defined by Code Section 3401(h)(2), is treated as an employee of the employer making the payment; (2) The differential wage payment is treated as compensation for purposes of Code Section 415(c)(3) and Treasury Reg. 1.415(c)-2; and (3) The plan is not treated as failing to meet the requirements of any provision described in Code Section 414(u)(1)(C) or corresponding plan provisions by reason of any contribution or benefit which is based on the differential wage payment. Differential wage payments as described in this subsection shall also be considered compensation for all plan purposes. (d) Subsection (c) of this section shall apply only if all employees of the authority performing service in the uniformed services described in Code Section 3401(h)(2)(A) are entitled to receive differential wage payments, as such term is defined in Code Section 3401(h)(2), on reasonably equivalent terms and, if eligible to participate in a retirement plan maintained by the authority, to make contributions or receive benefits based on the payments on reasonably equivalent terms, taking into account Code Sections 410(b)(3), (4), and (5).

GEORGIA LAWS 2012 SESSION
ARTICLE V Benefits.

5649

5.1 NORMAL FORM OF BENEFIT. (a) The retirement benefit to be provided for each member who retires on the normal retirement date shall be equal to the member's accrued benefit. (b) The 'normal retirement benefit' payable to a retired member pursuant to this section shall be a straight life annuity which shall be defined as the normal form of benefit. The actual form of distribution of such benefit, however, shall be determined pursuant to the provisions of Section 5.10 of the plan.

5.2 NORMAL RETIREMENT BENEFITS. A member's normal retirement benefit shall be a monthly pension payable in the normal form of benefit and commencing on a member's normal retirement date in an amount equal to the product of the member's final average monthly compensation multiplied by the member's years of service as of the date of determination and, effective July 1, 2004, multiplied by the percentage set forth in the following table, based on the member's years of service as of the date of determination:

Years of Service

Percentage

1-30.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.000%

31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.025%

32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.050%

33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.075%

34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.100%

35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.125%

36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.150%

37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.175%

38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.200%

39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.225%

40 or more. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.250%

With respect to retirement benefits initiated prior to July 1, 2004, the table was equal to:

Years of Service

Percentage

1-30.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.750%

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.775%

32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.800%

33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.825%

34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.850%

35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.875%

36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.900%

37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.925%

38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.950%

39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.975%

40 or more. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.000%

In the event the member's normal retirement benefit does not equal at least $20.00

multiplied by the number of years of service up to a maximum of ten years, then the

member's normal retirement benefit shall be the product of $20.00 multiplied by the

number of years of service up to a maximum of $200.00. In no event shall a member's

accrued benefit be less than his or her accrued benefit determined as of the date of

enactment based on the plan provisions in effect on that date.

5.3 EARLY RETIREMENT BENEFITS. (a) Upon reaching 55 years of age, and prior to attaining normal retirement age, any member who has 15 or more years of service may retire, at his or her option, and shall receive benefits actuarially equivalent to his or her accrued benefit. (b) Any member, before attaining normal retirement age, who has 25 or more years of service may retire, at his or her option, and shall receive benefits actuarially equivalent to his or her accrued benefit. (c) Upon reaching 55 years of age, and prior to attaining normal retirement age, any member who has 30 or more years of service may retire, at his or her option, and shall receive benefits, without actuarial reduction, to which he or she would have been entitled under the plan as if he or she had retired on his or her normal retirement date.

5.4 LATE RETIREMENT BENEFITS. A member may continue in the employ of the authority following a member's normal retirement date. In such event, no retirement benefit will be paid to the member until the member actually retires, subject to any required minimum distribution payments. At the member's late retirement date, the affected member's late retirement benefit shall be the

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member's accrued benefit based on credited service and final average monthly compensation determined as of the member's late retirement date.

5.5 DISABILITY RETIREMENT BENEFITS. (a)(1) If a member becomes permanently and totally disabled after five continuous years of service, he or she shall be 100 percent vested and shall be entitled to receive a monthly disability retirement benefit equal to 1.750 percent of the member's final average monthly compensation multiplied by the member's number of years of service as of the date of disability determination; provided, however, that a member's monthly disability retirement benefit shall in no event be less than $20.00 per month for each year of continuous service. (2) If a member becomes permanently and totally disabled after earning at least 30 years of service, the member shall be entitled to benefits calculated in accordance with Section 5.2 of the plan without actuarial reduction for early commencement of benefits.
(b) A member who becomes permanently and totally disabled as a result of accidental, violent, and external causes suffered in the line of duty and in the performance of duty shall be entitled to a monthly disability retirement benefit equal to two-thirds of the member's final average monthly compensation without actuarial reduction for early commencement of benefits. (c) The determination of disability shall be applied uniformly to all participants. In the event that the federal Social Security Administration determines that a member is no longer permanently and totally disabled and such member is no longer drawing Social Security benefits pursuant to the federal Social Security Act, the authority may order that the member return to active service with the authority and that the member's retirement benefit payments be discontinued during the period of such active employment with the authority. In the event the member so ordered by the authority to return to active employment with the authority fails or refuses to do so within 30 days of written notice, the member's right to disability retirement benefits pursuant to this section shall cease. In the event such member shall return to active employment with the authority as ordered by the authority, such member shall resume payment of employee contributions then required by the plan and shall likewise be entitled to further service credit during the time the member remains in the active employment of the authority. Such member shall not be entitled to other retirement benefits of the plan except by relinquishment of any and all rights to any disability retirement benefits. (d) No disability payment pursuant to this section shall be paid if:
(1) It is found that the member's disability was caused by the member's willful misconduct, a self-inflicted injury, or a member's attempt unlawfully to insure another or to commit or attempt to commit a felony under the laws of the State of Georgia or of the United States; (2) The disability from external causes was suffered in the line of duty and in performance of duty for the period for which the member receives payment or for the

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period computed in a lump sum payment under Chapter 9 of Title 34 of the O.C.G.A., relating to workers compensation; or (3) The member is receiving remuneration as an officer or employee of the authority.

5.6 DEATH BENEFITS. (a) Any death benefit paid by the plan on behalf of a member shall be made to the member's surviving spouse, or if there is no surviving spouse, to the member's beneficiary, or if there is no beneficiary, to the member's surviving heirs at law. (b) In the event a member dies prior to retirement, the member's death benefit recipient shall receive a death benefit equal to the member's cumulative employee contributions plus simple interest credited to the member's contributions annually at the rate of 75 percent of the actuarial interest credit in effect during the member's time of service as specified in Section 4.1 of the plan. Such interest credit shall be calculated on employee contributions made by the member through the December 31 coincident with or immediately preceding the member's date of death. (c) In the event a member is killed by accidental, violent, and external causes sustained in the line of duty and the active performance of duty, then the member's death benefit recipient shall receive a death benefit as described in subsection (b) of this section, plus an additional death benefit equal to $100.00 multiplied by the member's years of service, up to a maximum additional death benefit of $500.00. (d) In the event an actively employed married member dies prior to actual retirement, but has met the age or service requirements for early retirement or normal retirement prescribed in Section 5.2 or Section 5.3 of the plan, the member's surviving spouse shall be entitled to a monthly benefit equal to 50 percent of the benefit payable to the member as of the first day of the month next following the member's date of death, assuming the member had elected to retire as of the member's date of death and elected a joint and 50 percent survivor annuity option. (e) In the event a pensioned member who is receiving retirement benefits pursuant to this article of the plan in a form other than as a joint and survivor annuity or any other optional form of benefit that does not require the designation of a beneficiary dies prior to receiving pension benefits in an amount equal to the death benefit provided in subsection (b) of this section (the amount of interest to be calculated and credited, however, to the date of the member's retirement, only for purposes of this subsection), the difference remaining shall be paid to the member's death benefit recipient as otherwise provided in this section. (f) In the event a pensioned member who is receiving retirement benefits pursuant to this article of the plan as a joint and survivor annuity or any other optional form of benefit that requires the designation of a beneficiary, and such member and the member's beneficiary die prior to receiving combined total pension benefits in an amount equal to the death benefit provided in subsection (b) of this section (the amount of interest to be calculated and credited, however, to the date of the member's retirement, only for purposes of this

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subsection), the difference remaining shall be paid to the member's death benefit recipient as otherwise provided in this section. (g) The administrator may require such proper proof of death and such evidence of the right of any person to receive the death benefit payable as a result of the death of a member as the administrator may deem desirable. The administrator's determination of death and the right of any person to receive payment shall be conclusive. (h) Notwithstanding anything in this section to the contrary, if a member has designated the spouse as a beneficiary, then a divorce decree or a legal separation that relates to such spouse shall revoke the member's designation of the spouse as a beneficiary unless the decree or a qualified domestic relations order within the meaning of Code Section 414(p) provides otherwise.

5.7 TERMINATION OF EMPLOYMENT BEFORE RETIREMENT. (a)(1) In the event a member terminates service with the authority, or in the event the member's service is terminated for any reason other than death or cause for which the member receives benefit payments elsewhere under the plan, the member may elect to receive a severance benefit equal to the member's cumulative employee contributions, plus simple interest credited to the member's contributions annually at the rate of 75 percent of the actuarial interest credit in effect during the member's time of service as specified in Section 4.1 of the plan. Such interest credit shall be calculated on employee contributions made by the member through the December 31 coincident with or immediately preceding the member's termination of service. Such payment is in lieu of all other benefits provided under the plan, and shall be the exclusive benefit provided to a member who elects to take his or her severance benefit. (2) Within a reasonable time period following a member's termination of service, a terminated member shall be notified in writing by certified mail, return receipt requested, of his or her option to forego the severance benefit described in paragraph (1) of this subsection and leave the member's employee contributions in the plan's trust so as to avoid the forfeiture of the member's accrued benefit related to employer contributions. The terminated member shall be afforded a 12 month period, measured from the date of the member's termination of service, in which to make such election. In the absence of an election by the terminated member, at the expiration of such 12 month period, the authority shall cause the trustee to distribute such severance benefit to the member as soon as administratively practicable.
(b) At the election of the terminated member, a member shall be entitled to receive actuarially reduced benefits prior to normal retirement age pursuant to this section, on or after the date the member would have become eligible for early retirement. (c) Payment to a terminated member of the vested portion of the accrued benefit who has not received a benefit under subsection (a) of this section or commenced the receipt of a benefit under this section, unless the terminated member otherwise elects, shall begin not later than the sixtieth day after the close of the plan year in which the later of the following

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events occurs: (1) the date on which the member attains normal retirement age; or (2) the date the member terminates service with the employer. (d) A member shall always be 100 percent vested in his or her own employee contributions. The vested portion of any member's accrued benefit shall be a percentage of such member's accrued benefit determined on the basis of the member's number of years of service according to the following vesting schedule:

Years of Service

Vesting Percentage

Less than five years. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

0.000%

Five years or more. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

100.000%

If the member's vested portion of the present value of accrued benefit is zero, then the deemed cashout rule will apply and the member shall be deemed to have received a distribution of such vested portion; provided, however, that a member's entire interest in the plan shall be nonforfeitable upon the member's normal retirement age if the member is an active employee employed by the employer on or after such date. (e) Notwithstanding the provisions of subsection (d) of this section, the vested percentage of a member's accrued benefit shall not be less than the vested percentage attained as of the later of the effective date or adoption date of this amendment. The computation of a member's nonforfeitable percentage of such member's interest in the plan shall not be reduced as the result of any direct or indirect amendment to this article. If the plan's vesting schedule is amended, then the amended schedule shall apply to those members who complete an hour of service after the effective date of the amendment. (f) If the plan's vesting schedule is amended, or if the plan is amended in any way that directly or indirectly affects the computation of the member's nonforfeitable percentage, then each member with at least three years of service as of the expiration date of the election period may elect to have such member's nonforfeitable percentage computed under the plan without regard to such amendment or change. If a member fails to make such election, then such member shall be subject to the new vesting schedule. The member's election period shall commence on the adoption date of the amendment and shall end 60 days after the latest of: (1) the adoption date of the amendment, (2) the effective date of the amendment, or (3) the date the member receives written notice of the amendment from the employer or administrator.

5.8 BENEFIT REDUCTIONS FOR PRIOR PAYMENTS. Notwithstanding the provisions of Section 5.7 of the plan, a member's benefit payable under the plan shall be reduced to reflect prior payments under the plan. At the time a member who has received previous payments from the plan is eligible to receive additional benefits, benefit payments shall resume and shall be equal to his or her recomputed benefit, reduced actuarially to reflect any benefits previously received, including total benefit distributions and deemed total benefit distributions; provided, however, that in no event

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shall a recomputation of a member's benefit cause him or her to receive less in the way of monthly payments than what he or she was previously receiving reduced by the actuarial equivalent of any total benefit distributions, if any, paid after his or her previous retirement payments ceased.

5.9 COST OF LIVING ADJUSTMENTS TO RETIREMENT BENEFITS. The following cost of living increases have been implemented for the benefit of members and their beneficiaries:
(1) Effective January 2, 1992, the monthly benefit of every member who was retired and receiving benefits prior to July 1, 1986, shall be increased by 5 percent on a one-time basis. This one-time increase in benefits shall also be applicable to any beneficiary if that beneficiary's member was retired and receiving benefits prior to July 1, 1986; (2) The monthly benefit of every member who was retired and receiving benefits prior to March 28, 1988, but after June 30, 1986, and of every beneficiary of such member shall be increased by 5 percent; such increase shall be paid on benefits received on and after April 1, 1994; and (3) The monthly benefit of every member who is retired and receiving benefits and of every beneficiary of such member shall be increased every five years by 2 percent, retroactive to April 1, 1994; this cost of living adjustment shall be effective as of October 1, 2004.

5.10 DISTRIBUTION OF BENEFITS. (a) Election. A member shall be entitled to elect, or revoke a previous election and make a new election, at any time six months or more prior to the member's retirement, or prior to commencement of benefit payments, to have his or her retirement benefit payment payable under one of the options set forth in this section in lieu of the normal form of benefit payment. A member's election of any optional form of benefit shall be made by the member in writing and shall be subject to approval, on a nondiscriminatory basis, by the authority. Any optional form of benefit thus elected shall be paid in accordance with the terms of such option. A member who retires as a result of being totally and permanently disabled shall be entitled to receive the member's retirement benefit as a life annuity or as a reduced joint and survivor annuity. (b) Optional forms of benefit. The amount of any optional form of benefit shall be the actuarial equivalent of the benefit that would otherwise be payable to the member. Optional forms of benefit are as follows:
(1) A joint and survivor annuity option will pay a reduced retirement benefit during the joint lifetime of the member and his or her beneficiary. Should the beneficiary predecease a member, there is no further reduction. Should the member predecease the beneficiary, the same amount or a smaller amount, as the member designates at the time of retirement, will continue to be paid for the remaining lifetime of the beneficiary;

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(2) A social security option will pay an increased retirement benefit during the lifetime of the member who retires other than for disability until his or her retirement benefits commence under the federal Social Security Act, then a reduced retirement benefit payable thereafter for life in order to produce a more level retirement income when such reduced retirement benefit is added to his or her primary benefits under social security. For this purpose the primary benefits under social security shall be estimated; and (3) Other options, other than lump sum distributions, may be offered subject to the approval of the authority. (c) Notice. For any distribution notice issued in plan years beginning after December 31, 2006, any plan provision requiring that the notice requirements of Code Sections 402(f) (the rollover notice) and 411(a)(11) (member's consent to distribution) be implemented no more than 90 days prior to the annuity starting date may be implemented no more than 180 days prior to the annuity starting date. (d) Distribution of benefits. Notwithstanding any provision in the plan to the contrary, the distribution of a member's benefits, whether under the plan or through the purchase of an annuity contract, shall be made in accordance with the requirements of subsections (e) through (u) of this section and shall otherwise comply with Code Section 401(a)(9) and the regulations thereunder, including Regulation 1.401(a)(9)-6. (e)(1) General rules. Except as otherwise provided in this section, distributions of the member's accrued benefit shall be paid in the form of periodic annuity payments for the member's life or the joint lives of the member and beneficiary or over a period certain that does not exceed the maximum length of the period certain determined in accordance with subsection (g) of this section. The interval between payments for the annuity shall be uniform over the entire distribution period and shall not exceed one year. Once payments have commenced over a period, the period may only be changed in accordance with subsection (n) of this section. Life or joint and survivor annuity payments must satisfy the minimum distribution incidental benefit requirements of subsection (f) of this section. Except as otherwise provided in this section, such as permitted increases described in subsection (o) of this section, all payments, whether paid over a member's life, joint lives, or a period certain, also shall be nonincreasing. (2) Annuity commencement. Annuity payments shall commence on or before the member's required beginning date, within the meaning of A-2 of Regulation 1.401(a)(9)-2. The first payment, which shall be made on or before the member's required beginning date, shall be the payment which is required for one payment interval. The second payment need not be made until the end of the next payment interval even if that payment interval ends in the next calendar year. Similarly, in the case of distributions commencing after death in accordance with Code Section 401(a)(9)(B)(iii) and (iv), the first payment, which shall be made on or before the date determined under A-3(a) or (b), whichever is applicable, of Regulation 1.401(a)(9)-3, must be the payment which is required for one payment interval. Payment intervals are the periods for which payments are received: bimonthly,

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monthly, semiannually, or annually. All benefit accruals as of the last day of the first distribution calendar year must be included in the calculation of the amount of annuity payments for payment intervals ending on or after the member's required beginning date. (3) Single sum distributions.
(A) In the case of a single sum distribution of a member's entire accrued benefit during a distribution calendar year, the amount that is the required minimum distribution for the distribution calendar year, and thus not eligible for rollover under Code Section 402(c), is determined using either the rule in paragraph (1) of subsection (d) of this section or the rule in subparagraph (B) of paragraph (4) of this subsection. (B) The portion of the single sum distribution that is a required minimum distribution is determined by treating the single sum distribution as a distribution from an individual account plan and treating the amount of the single sum distribution as the member's account balance as of the end of the relevant valuation calendar year. If the single sum distribution is being made in the calendar year containing the required beginning date and the required minimum distribution for the member's first distribution calendar year has not been distributed, the portion of the single sum distribution that represents the required minimum distribution for the member's first and second distribution calendar years is not eligible for rollover. (C) The portion of the single sum distribution that is a required minimum distribution may to be determined by expressing the member's benefit as an annuity that would satisfy this section with an annuity starting date as of the first day of the distribution calendar year for which the required minimum distribution is being determined and treating one year of annuity payments as the required minimum distribution for that year and not eligible for rollover. If the single sum distribution is being made in the calendar year containing the required beginning date and the required minimum distribution for the member's first distribution calendar year has not been made, the benefit must be expressed as an annuity with an annuity starting date as of the first day of the first distribution calendar year, and the payments for the first two distribution calendar years would be treated as required minimum distributions and not eligible for rollover. (4) Death benefits. The provisions of paragraph (1) of this subsection prohibiting increasing payments under an annuity shall apply to payments made upon the death of a member; provided, however, that for purposes of this section, an ancillary death benefit described in this paragraph may be disregarded in applying that rule. Such an ancillary death benefit is excluded in determining a member's entire interest and the rules prohibiting increasing payments shall not apply to such an ancillary death benefit. A death benefit with respect to a member's benefit is an ancillary death benefit for purposes of this section if: (A) It is not paid as part of the member's accrued benefit or under any optional form of the member's benefit; and

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(B) The death benefit, together with any other potential payments with respect to the member's benefit that may be provided to a survivor, satisfies the incidental benefit requirement of Regulation 1.401-1(b)(1)(i). (f) Minimum distribution incidental benefit ('MDIB') requirement and incidental benefit requirement. (1) Life annuity for member. If the member's benefit is paid in the form of a life annuity for the life of the member satisfying Code Section 401(a)(9) without regard to the minimum distribution incidental benefit ('MDIB') requirement, the MDIB requirement of Code Section 401(a)(9)(G) will be satisfied. (2) Joint and survivor annuity, spouse beneficiary. If the member's sole beneficiary, as of the annuity starting date for annuity payments, is the member's spouse and the distributions satisfy Code Section 401(a)(9) without regard to the MDIB requirement, the distributions to the member shall be deemed to satisfy the MDIB requirement of Code Section 401(a)(9)(G). (3) Joint and survivor annuity, nonspouse beneficiary - explanation of rule. If distributions commence under a distribution option that is in the form of a joint and survivor annuity for the joint lives of the member and a beneficiary other than the member's spouse, the MDIB requirement will not be satisfied as of the date distributions commence unless under the distribution option the annuity payments to be made on and after the member's required beginning date will satisfy the conditions of this paragraph. The periodic annuity payment payable to the survivor must not at any time on and after the member's required beginning date exceed the applicable percentage of the annuity payment payable to the member using the table located in Regulation 1.401(a)(9)-6, which is incorporated herein by reference as if set forth verbatim. The applicable percentage is based on the adjusted member beneficiary age difference. The adjusted member beneficiary age difference is determined by first calculating the excess of the age of the member over the age of the beneficiary based on their ages on their birthdays in a calendar year. Then, if the member is younger than age 70, the age difference determined in the previous sentence is reduced by the number of years that the member is younger than age 70 on the member's birthday in the calendar year that contains the annuity starting date. In the case of an annuity that provides for increasing payments, the requirement of this paragraph will not be violated merely because benefit payments to the beneficiary increase, provided the increase is determined in the same manner for the member and the beneficiary. (4) Period certain and annuity features. If a distribution form includes a period certain, the amount of the annuity payments payable to the beneficiary need not be reduced during the period certain, but in the case of a joint and survivor annuity with a period certain, the amount of the annuity payments payable to the beneficiary must satisfy paragraph (3) of this subsection after the expiration of the period certain. (5) Deemed satisfaction of incidental benefit rule. Except in the case of distributions with respect to a member's benefit that include an ancillary death benefit described in

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paragraph (5) of subsection (e) of this subsection, to the extent the incidental benefit requirement of Regulation 1.401-1(b)(1)(i) requires a distribution, such requirement is deemed to be satisfied if distributions satisfy the MDIB requirement of this subsection. If the member's benefits include an ancillary death benefit described in paragraph (5) of subsection (e) of this subsection, the benefits, including the ancillary death benefit, shall be distributed in accordance with the incidental benefit requirement described in Regulation 1.401-1(b)(1)(i) and the benefits, excluding the ancillary death benefit, shall also satisfy the MDIB requirement of this subsection. (g) Length of period certain. (1) Distributions commencing during the member's life. The period certain for any annuity distributions commencing during the life of the member with an annuity starting date on or after the member's required beginning date generally is not permitted to exceed the applicable distribution period for the member, determined in accordance with the Uniform Lifetime Table in A-2 of Regulation 1.401(a)(9)-9, for the calendar year that contains the annuity starting date; provided, however, that if the member's sole beneficiary is the member's spouse, the period certain is permitted to be as long as the joint life and last survivor expectancy of the member and the member's spouse, if longer than the applicable distribution period for the member, provided the period certain is not provided in conjunction with a life annuity under paragraph (2) of subsection (e) of this section. (2) Distributions commencing after the member's death.
(A) If annuity distributions commence after the death of the member under the life expectancy rule under Code Section 401(a)(9)(B)(iii) or (iv), the period certain for any distributions commencing after death shall not exceed the applicable distribution period determined under A-5(b) of Regulation 1.401(a)(9)-5 for the distribution calendar year that contains the annuity starting date. (B) If the annuity starting date is in a calendar year before the first distribution calendar year, the period certain may not exceed the life expectancy of the designated beneficiary using the beneficiary's age in the year that contains the annuity starting date. (h) Distributions from an annuity contract from an insurance company. The plan will not fail to satisfy Code Section 401(a)(9) merely because distributions are made from an annuity contract which is purchased with the member's benefit by the plan from an insurance company as long as the payments satisfy the requirements of this section. If the annuity contract is purchased after the required beginning date, the first payment interval must begin on or before the purchase date, and the payment required for one payment interval must be made no later than the end of such payment interval. (i) Distribution of additional benefits after the member's first distribution calendar year. (1) Annuity distributions. In the case of annuity distributions under the plan, if any additional benefits accrue in a calendar year after the member's first distribution calendar year, distribution of the amount that accrues in the calendar year must commence in accordance with subsection (e) of this section, beginning with the first payment interval

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ending in the calendar year immediately following the calendar year in which such amount accrues. (2) Administrative delay. The plan will not fail to satisfy Code Section 401(a)(9) merely because there is an administrative delay in the commencement of the distribution of the additional benefits accrued in a calendar year, provided that the actual payment of such amount commences as soon as practicable; provided, further, that payment must commence no later than the end of the first calendar year following the calendar year in which the additional benefit accrues, and the total amount paid during such first calendar year must be no less than the total amount that was required to be paid during that year under this subsection. (j) Portion of a member's benefit not vested. In the case of annuity distributions from the plan, if any portion of the member's benefit is not vested as of December 31 of a distribution calendar year, the portion that is not vested as of such date will be treated as not having accrued for purposes of determining the required minimum distribution for that distribution calendar year. When an additional portion of the employee's benefit becomes vested, such portion shall be treated as an additional accrual. (k) Certain distributions that commence before member's required beginning date. (1) General rule. If distributions commence to a member on a date before the member's required beginning date over a period permitted under Code Section 401(a)(9)(A)(ii) and the distribution form is an annuity under which distributions are made in accordance with the provisions of subsection (e) of this section, the annuity starting date shall be treated as the required beginning date for purposes of applying the rules of subsection (o) of this section and Regulation 1.401(a)(9)-2. Thus, for example, the designated beneficiary distributions will be determined as of the annuity starting date. Similarly, if the member dies after the annuity starting date but before the required beginning date determined under A-2 of Treasury Regulation 1.401(a)(9)-2, after the member's death the remaining portion of the member's interest must continue to be distributed in accordance with subsection (o) of this section over the remaining period over which distributions commenced. The rules in Regulation 1.401(a)(9)-3 and Code Section 401(a)(9)(B)(ii) or (iii) and (iv) shall not apply. (2) Period certain. If, as of the member's birthday in the year that contains the annuity starting date, the age of the member is less than 70 years of age, the provisions of this paragraph shall be used in applying the provisions of paragraph (1) of subsection (g) of this section. The applicable distribution period for the member is the distribution period for age 70, determined in accordance with the Uniform Lifetime Table in A-2 of Treasury Regulation 1.401(a)(9)-9, plus the excess of 70 over the age of the member as of the member's birthday in the year that contains the annuity starting date. (3) Adjustment to member beneficiary age difference. For the determination of the adjusted member beneficiary age difference in the case of a member whose age on the annuity starting date is less than 70, the provisions of paragraph (3) of subsection (f) of this section shall apply.

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(l) Certain distributions to member's surviving spouse. If distributions commence to the surviving spouse of a member over a period permitted under Code Section 401(a)(9)(B)(iii)(II) before the date on which distributions are required to commence and the distribution form is an annuity under which distributions are made as of the date distributions commence in accordance with the provisions of subsection (g) of this section, distributions will be considered to have begun on the actual commencement date for purposes of Code Section 401(a)(9)(B)(iv)(II). Consequently, in such case, A-5 of Treasury Regulation 1.401(a)(9)-3 and Code Section 401(a)(9)(B)(ii) and (iii) shall not apply upon the death of the surviving spouse as though the surviving spouse were the member. Instead, the annuity distributions must continue to be made, in accordance with the provisions of subsection (e) of this section, over the remaining period over which distributions commenced. (m) Annuitization of certain annuity contracts.
(1) General rule. Prior to the date that an annuity contract under an individual account plan is annuitized, the interest of a member or beneficiary under that contract is treated as an individual account for purposes of Code Section 401(a)(9). Thus, the required minimum distribution for any year with respect to that interest is determined under Regulation 1.401(a)(9)-5 rather than this subsection. (2) Entire interest. For purposes of applying the rules in Regulation 1.401(a)(9)-5, the entire interest under the annuity contract as of December 31 of the relevant valuation calendar year is treated as the account balance for the valuation calendar year described in A-3 of Code Section 1.401(a)(9)-5. The entire interest under an annuity contract is the dollar amount credited to the member or beneficiary under the contract plus the actuarial present value of any additional benefits, such as survivor benefits in excess of the dollar amount credited to the member or beneficiary, that will be provided under the contract. However, paragraph (3) of this subsection describes certain additional benefits that may be disregarded in determining the member's entire interest under the annuity contract. The actuarial present value of any additional benefits described under this subsection shall be determined using reasonable actuarial assumptions, including reasonable assumptions as to future distributions, and without regard to an individual's health. (3) Exclusions.
(A) The actuarial present value of any additional benefits provided under an annuity contract described in paragraph (2) of this subsection may be disregarded if the sum of the dollar amount credited to the member or beneficiary under the contract and the actuarial present value of the additional benefits is no more than 120 percent of the dollar amount credited to the member or beneficiary under the contract and the contract provides only for the following additional benefits:
(i) Additional benefits that, in the case of a distribution, are reduced by an amount sufficient to ensure that the ratio of such sum to the dollar amount credited does not increase as a result of the distribution, and

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(ii) An additional benefit that is the right to receive a final payment upon death that does not exceed the excess of the premiums paid less the amount of prior distributions. (B) If the only additional benefit provided under the contract is the additional benefit described in division (ii) of subparagraph (A) of this paragraph, the additional benefit may be disregarded regardless of its value in relation to the dollar amount credited to the member or beneficiary under the contract. (n) Change of an annuity payment period. (1) In general. An annuity payment period may be changed in accordance with the provisions set forth in paragraph (2) of this subsection or in association with an annuity payment increase described in subsection (o) of this section. (2) Reannuitization. If, in a stream of annuity payments that otherwise satisfies Code Section 401(a)(9), the annuity payment period is changed and the annuity payments are modified in association with that change, this modification will not cause the distributions to fail to satisfy Code Section 401(a)(9) provided the conditions set forth in paragraph (3) of this subsection are satisfied and: (A) The modification occurs at the time that the member retires or in connection with a plan termination; (B) The annuity payments prior to modification are annuity payments paid over a period certain without life contingencies; or (C) The annuity payments after modification are paid under a qualified joint and survivor annuity over the joint lives of the member and a designated beneficiary, the member's spouse is the sole designated beneficiary, and the modification occurs in connection with the member becoming married to such spouse. (3) Conditions. In order to modify a stream of annuity payments in accordance with paragraph (2) of this subsection, the following conditions must be satisfied: (A) The future payments under the modified stream satisfy Code Section 401(a)(9) and this subsection, determined by treating the date of the change as a new annuity starting date and the actuarial present value of the remaining payments prior to modification as the entire interest of the member; (B) For purposes of Code Sections 415 and 417, the modification is treated as a new annuity starting date; (C) After taking into account the modification, the annuity stream satisfies Code Section 415, determined at the original annuity starting date, using the interest rates and mortality tables applicable to such date; and (D) The end point of the period certain, if any, for any modified payment period is not later than the end point available under Code Section 401(a)(9) to the member at the original annuity starting date. (o) Certain annuity payment increases.

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(1) General rules. Except as otherwise provided in this subsection, all annuity payments, whether paid over a member's life, joint lives, or a period certain, shall be nonincreasing or shall increase only in accordance with one or more of the following:
(A) With an annual percentage increase that does not exceed the percentage increase in an eligible cost-of-living index as defined in paragraph (2) of this subsection for a 12 month period ending in the year during which the increase occurs or the prior year; (B) With a percentage increase that occurs at specified times, such as specified ages, and does not exceed the cumulative total of annual percentage increases in an eligible cost-of-living index as defined in paragraph (2) of this subsection since the annuity starting date, or if later, the date of the most recent percentage increase; provided, however, that in cases providing such a cumulative increase, an actuarial increase may not be provided to reflect the fact that increases were not provided in the interim years; (C) To the extent of the reduction in the amount of the member's payments to provide for a survivor benefit, but only if there is no longer a survivor benefit because the beneficiary whose life was being used to determine the period described in Code Section 401(a)(9)(A)(ii) over which payments were being made dies or is no longer the member's beneficiary pursuant to a qualified domestic relations order within the meaning of Code Section 414(p); (D) To pay increased benefits that result from a plan amendment; (E) To allow a beneficiary to convert the survivor portion of a joint and survivor annuity into a single sum distribution upon the member's death; or (F) To the extent increases are permitted in accordance with paragraph (3) or (4) of this subsection. (2) Definitions. For purposes of this subsection, the term: (A) 'Acceleration of payments' means a shortening of the payment period with respect to an annuity or a full or partial commutation of the future annuity payments. An increase in the payment amount will be treated as an acceleration of payments in the annuity only if the total future expected payments under the annuity, including the amount of any payment made as a result of the acceleration, is decreased as a result of the change in payment period. (B) 'Actuarial gain' means the difference between an amount determined using the actuarial assumptions, including investment return, mortality, expense, and other similar assumptions, used to calculate the initial payments before adjustment for any increases and the amount determined under the actual experience with respect to those factors. Actuarial gain also includes differences between the amount determined using actuarial assumptions when an annuity was purchased or commenced and such amount determined using actuarial assumptions used in calculating payments at the time the actuarial gain is determined. (C) 'Eligible cost-of-living index' means:
(i) A consumer price index that is based on prices of all items, or all items excluding food and energy, and issued by the Bureau of Labor Statistics, including an index for

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a specific population, such as urban consumers or urban wage earners and clerical workers, and an index for a geographic area or areas, such as a given metropolitan area or state; (ii) A percentage adjustment based on a cost-of-living index described in subparagraph (B) of this paragraph, or a fixed percentage if less. In any year when the cost-of-living index is lower than the fixed percentage, the fixed percentage may be treated as an increase in an eligible cost-of-living index, provided it does not exceed the sum of:
(I) The cost-of-living index for that year; and (II) The accumulated excess of the annual cost-of-living index from each prior year over the fixed annual percentage used in that year, reduced by any amount previously utilized under this division; or (iii) A percentage adjustment based on the increase in compensation for the position held by the member at the time of retirement and provided under the terms of a governmental plan within the meaning of Code Section 414(d) as in effect on April 17, 2002. (D) 'Total future expected payments' means the total future payments expected to be made under the annuity contract as of the date of the determination, calculated using the Single Life Table in A-1 of Regulation 1.401(a)(9)-9 or, if applicable, the joint and Last Survivor Table in A-3 of in Regulation 1.401(a)(9)-9, for annuitants who are still alive, without regard to any increases in annuity payments after the date of determination and taking into account any remaining period certain. (E) 'Total value being annuitized' means: (i) In the case of annuity payments under a Section 403(a) annuity plan or under a deferred annuity purchased by a Section 401(a) trust, the value of the member's entire interest (within the meaning of subsection (m) of this section) being annuitized, valued as of the date annuity payments commence; (ii) In the case of annuity payments under an immediate annuity contract purchased by a trust for a defined benefit plan qualified under Section 401(a), the amount of the premium used to purchase the contract; and (iii) In the case of a defined contribution plan, the value of the member's account balance used to purchase an immediate annuity under the contract. (3) Additional permitted increases for annuity payments under annuity contracts purchased from insurance companies. In the case of annuity payments paid from an annuity contract purchased from an insurance company, if the total future expected payments, determined in accordance with subparagraph (D) of paragraph (2) of this subsection, exceed the total value being annuitized, within the meaning of subparagraph (E) of paragraph (2) of this subsection, the payments under the annuity will not fail to satisfy the nonincreasing payment requirement in paragraph (1) of subsection (e) of this section merely because the payments are increased in accordance with one or more of the following:

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(A) By a constant percentage, applied not less frequently than annually; (B) To provide a final payment upon the death of the member that does not exceed the excess of the total value being annuitized within the meaning of subparagraph (E) of paragraph (2) of this subsection over the total of payments before the death of the member; (C) As a result of dividend payments or other payments that result from actuarial gains within the meaning of subparagraph (B) of paragraph (2) of this subsection, but only if actuarial gain is measured no less frequently than annually and the resulting dividend payments or other payments are either paid no later than the year following the year for which the actuarial experience is measured or paid in the same form as the payment of the annuity over the remaining period of the annuity, beginning no later than the year following the year for which the actuarial experience is measured; and (D) An acceleration of payments under the annuity within the meaning of subparagraph (A) of paragraph (2) of this subsection. (4) Additional permitted increases for annuity payments from a qualified trust. In the case of annuity payments paid under a defined benefit plan qualified under Code Section 401(a), other than annuity payments under an annuity contract purchased from an insurance company that satisfy paragraph (3) of this subsection, the payments under the annuity will not fail to satisfy the nonincreasing payment requirement in subsection (e) of this section merely because the payments are increased in accordance with one of the following: (A) By a constant percentage, applied not less frequently than annually, at a rate that is less than 5 percent per year; (B) To provide a final payment upon the death of the member that does not exceed the excess of the actuarial present value of the member's accrued benefit, within the meaning of Code Section 411(a)(7), calculated as the annuity starting date using the applicable interest rate and the applicable mortality table under Code Section 417(e), or, if greater, the total amount of member contributions, over the total of payments before the death of the member; or (C) As a result of dividend payments or other payments that result from actuarial gains within the meaning of subparagraph (B) of paragraph (2) of this subsection, but only if:
(i) Actuarial gain is measured no less frequently than annually; (ii) The resulting dividend payments or other payments are either paid no later than the year following the year for which the actuarial experience is measured or paid in the same form as the payment of the annuity over the remaining period of the annuity, beginning no later than the year following the year for which the actuarial experience is measured; (iii) The actuarial gain taken into account is limited to actuarial gain from investment experience;

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(iv) The assumed interest used to calculate such actuarial gains is not less than 3 percent; and (v) The payments are not increasing by a constant percentage as described in subparagraph (A) of this paragraph. (p) Certain payments to a surviving child. Pursuant to Code Section 401(a)(9)(F), payments under a defined benefit plan or annuity contract that are made to a member's child until such child reaches the age of majority or dies, if earlier, may be treated, for purposes of Code Section 401(a)(9), as if such payments were made to the surviving spouse to the extent they become payable to the surviving spouse upon cessation of the payments to the child. For purposes of the preceding sentence, a child may be treated as having not reached the age of majority if the child has not completed a specified course of education and is under the age of 26. In addition, a child who is disabled within the meaning of Code Section 72(m)(7) when the child reaches the age of majority may be treated as having not reached the age of majority so long as the child continues to be disabled. Thus, when payments described in this subsection become payable to the surviving spouse because the child attains the age of majority, recovers from a disabling illness, dies, or completes a specified course of education, there is not an increase in benefits under subsection (e) of this section. Likewise, the age of the child receiving such payments is not taken into consideration for purposes of the minimum incidental benefit requirement of subsection (f) of this section. (q) Annuity payments under a governmental plan. (1) Except as provided in paragraph (2) of subsection (g) of this section, annuity payments under a governmental plan within the meaning of Code Section 414(d) must satisfy this section. (2) In the case of an annuity distribution option provided under the terms of a governmental plan in effect on April 17, 2002, the plan will not fail to satisfy Code Section 401(a)(9) merely because the annuity payments do not satisfy the requirements of subsections (f) through (t) of this section, provided the distribution option satisfies Code Section 401(a)(9) based on a reasonable and good faith interpretation of the provisions of Code Section 401(a)(9). (r) Required minimum distribution rules for 2003, 2004, and 2005. A distribution from a defined benefit plan or annuity contract for calendar years 2003, 2004, and 2005 will not fail to satisfy Code Section 401(a)(9) merely because the payments do not satisfy subsections (e) through (g) of this section, provided the payments satisfy Code Section 401(a)(9) based on a reasonable and good faith interpretation of the provisions of Code Section 401(a)(9). For governmental plans, this reasonable good faith standard extends to the end of the calendar year that contains the ninetieth day after the opening of the first legislative session of the General Assembly that begins on or after June 15, 2004, if such ninetieth day is later than December 31, 2005. (s) Minimum distributions. With respect to distributions under the plan made for calendar years beginning on or after January 1, 2001, but prior to October 1, 2006, the plan will

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apply the minimum distribution requirements of Code Section 401(a)(9) in accordance with the regulations under Code Section 401(a)(9) that were proposed on January 17, 2001, notwithstanding any provision of the plan to the contrary. Such provision shall continue in effect until the end of the last calendar year beginning before the effective date of final regulations under Code Section 401(a)(9) or such other date as may be specified in guidance published by the Internal Revenue Service. With respect to distributions under the plan made for calendar years beginning on or after October 1, 2006, the plan will apply the minimum distribution requirements of Code Section 401(a)(9) in accordance with the Final Regulations Section 1.401(a)(9)-6. (t) Contracts nontransferable. All annuity contracts under this plan shall be nontransferable when distributed. (u) Applicability. Subject to the spouse's right of consent afforded under the plan, the restrictions imposed by this section shall not apply if a member has, prior to January 1, 1984, made a written designation to have retirement benefits paid in an alternative method acceptable under Code Section 401(a) in effect prior to the enactment of the federal Tax Equity and Fiscal Responsibility Act of 1982, 'TEFRA.'

5.11 TIME OF DISTRIBUTION. (a) Whenever a distribution is to be made, or a series of payments are to commence, the distribution or series of payments may be made or begun on such date or as soon thereafter as is practicable; provided, however, that unless a former member elects in writing to defer the receipt of benefits, such election may not result in a death benefit that is more than incidental and the payment of benefits shall begin not later than the sixtieth day after the close of the plan year in which the latest of the following events occurs:
(1) The date on which the member attains normal retirement age; (2) The tenth anniversary of the year in which the member commenced participation in the plan; or (3) The date the member terminates service with the employer. (b) Notwithstanding the provisions of subsection (a) of this section, the failure of a member and, if applicable, the member's spouse to consent to a distribution that is immediately distributable shall be deemed to be an election to defer the commencement of payment of any benefit sufficient to satisfy this section.

5.12 DISTRIBUTION FOR MINOR OR INCOMPETENT BENEFICIARY. In the event a distribution is to be made to a minor or incompetent beneficiary, the administrator may direct that such distribution be paid to the legal guardian or, if none in the case of a minor beneficiary, to a parent or custodian for such beneficiary under the federal Uniform Gift to Minors Act or Gift to Minors Act if such is permitted by the laws of the state in which said beneficiary resides. Such a payment to the legal guardian, parent, or custodian of a minor or incompetent beneficiary shall fully discharge the trustee, employer, and plan from further liability on account thereof.

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5.13 LOCATION OF MEMBER OR BENEFICIARY UNKNOWN. In the event that all, or any portion, of the distribution payable to a member or beneficiary under the plan shall, at the member's attainment of normal retirement age, remain unpaid solely by reason of the inability of the administrator, after sending a registered letter, return receipt requested, to the last known address and after further diligent effort to ascertain the whereabouts of such member or beneficiary, the amount so distributable shall be treated as a forfeiture pursuant to the plan; provided, however, that if the value of a member's vested benefit derived from employer and employee contributions does not exceed $1,000.00, then the amount distributable may be treated as a forfeiture at the time it is determined that the whereabouts of the member or the member's beneficiary can not be ascertained. In the event a member or beneficiary is located subsequent to the forfeiture, such benefit shall be restored; however, a benefit that is lost by reason of escheat under applicable state law is not treated as a forfeiture for purposes of this section nor as an impermissible forfeiture under the Code.

5.14 ASSIGNMENT OF BENEFITS; QUALIFIED DOMESTIC RELATIONS ORDER. (a)(1)(A) No benefit payment or portion of the pension fund contributed by member employees or officers shall be subject to assignment or used as collateral for any claim or debt of any kind or character by any person, firm, or corporation whatsoever. (B) The provisions of this paragraph shall not apply to the exception of the authority or the Macon Water Works Credit Union, referred to in this section as 'the credit union,' and then only for money lawfully owing to the authority or the credit union by any particular member; provided, however, that the provisions of this subparagraph shall apply only to a member whose service with the authority has been terminated and shall be limited to such member's benefit payments and contributions to the pension fund made prior to the member's completion of ten years of service. (2)(A) Neither a member nor any beneficiary shall have any right to alienate, commute, anticipate, or assign any of the benefits, payments, proceeds, or distributions of the plan, except to the authority or the credit union, as provided in paragraph (1) of this subsection. (B) If a member or any beneficiary attempts to dispose of any benefits or the right to dispose of such benefits provided under the plan, or if there is an effort to seize such benefits or the right to receive such benefits by attachment, execution, or other legal or equitable process by any entity other than the authority or the credit union, then the pension committee, in its discretion, may pass and transfer the benefit or right in such shares as the pension committee determines to one or more persons from among the beneficiaries, if any, designed by the member or to the spouse, children, or other dependents of the member. The pension committee may revoke any such appointment at any time and make further appointments to other persons, including to the member.

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5.15 DIRECT ROLLOVERS. (a) Notwithstanding any provision of the plan to the contrary that would otherwise limit a distributee's election under this section, a distributee may elect, at the time and in the manner prescribed by the administrator, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee in a direct rollover. (b) As used in this subsection, the term:
(1) 'Direct rollover' means a payment by the plan to the eligible retirement plan specified by the distributee. (2) 'Distributee' includes an employee or former employee. In addition, the employee's or former employee's surviving spouse and the employee's or former employee's spouse or former spouse who is the alternate payee under a qualified domestic relations order, as defined in Code Section 414(p), are distributees with regard to the interest of the spouse or former spouse. (3) 'Eligible retirement plan' means an individual retirement account described in Code Section 408(a), an individual retirement annuity described in Code Section 408(b) other than an endowment contract, a qualified trust, an employees' trust described in Code Section 401(a) which is exempt from taxation under Code Section 501(a), an annuity plan described in Code Section 403(a), an eligible deferred compensation plan described in Code Section 457(b) which is maintained by an eligible employer described in Code Section 457(e)(1)(A), and an annuity contract described in Code Section 403(b) that accepts the distributee's eligible rollover distribution. However, in the case of an eligible rollover distribution to the surviving spouse, an eligible retirement plan is an individual retirement account or individual retirement annuity. The term shall also apply in the case of a distribution to a surviving spouse or to a spouse or former spouse who is the alternate payee under a qualified domestic relations order, as defined in Code Section 414(p). (4) 'Eligible rollover distribution' means any distribution described in Code Section 402(c)(4) and generally includes any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover distribution does not include any distribution that is one of a series of substantially equal periodic payments not less frequently than annually made for the life or life expectancy of the distributee or the joint lives or joint life expectancies of the distributee and the distributee's designated beneficiary, or for a specified period of ten years or more; any distribution to the extent such distribution is required under Code Section 401(a)(9); the portion of any other distribution that is not includible in gross income, determined without regard to the exclusion for net unrealized appreciation with respect to employer securities; and any other distribution reasonably expected to total less than $200.00 during a year. Any amount that is distributed on account of hardship shall not be an eligible rollover distribution, and the distributee may not elect to have any portion of such a distribution paid directly to an eligible retirement plan.

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ARTICLE VI Code Section 415 limitations.

6.1 'EMPLOYER' DEFINED. As used in this article, 'employer' means the employer that adopts this plan and all affiliated employers, except that affiliated employers shall be determined pursuant to the modification made by Code Section 415(h).

6.2 ANNUAL BENEFIT. (a)(1) The annual benefit otherwise payable to a member at any time shall not exceed the maximum permissible amount. If the benefit the member would otherwise accrue in a limitation year would produce an annual benefit in excess of the maximum permissible amount, then the benefit must be limited or the rate of accrual reduced to a benefit that does not exceed the maximum permissible amount. (2) If a member has made voluntary nondeductible employee contributions or mandatory employee contributions as defined in Code Section 411(c)(2)(C) under the terms of this plan, then the amount of such contributions is treated as an annual addition to a qualified defined contribution plan, for purposes of paragraph (1) of this subsection and paragraph (3) of subsection (b) of this section. (3) Prior to determining the member's actual Code Section 415 compensation for the limitation year, the employer may determine the maximum permissible amount for a member on the basis of a reasonable estimate of the member's Code Section 415 compensation for the limitation year, uniformly determined for all members similarly situated. As soon as is administratively feasible after the end of the limitation year, the maximum permissible amount for such limitation year shall be determined based on the member's actual Code Section 415 compensation for such limitation year. (b)(1) This subsection applies if, in addition to this plan, a member is covered under another qualified defined benefit plan maintained by the employer; a welfare benefit fund, as defined in Code Section 419(e), maintained by the employer; an individual medical account, as defined in Code Section 415(l)(2), maintained by the employer; or a simplified employee pension, as defined in Code Section 408(k), maintained by the employer that provides annual additions during any limitation year. (2) If a member is, or has ever been, covered under more than one defined benefit plan maintained by the employer, then the sum of the member's annual benefits from all such plans may not exceed the maximum permissible amount. Where the member's employer provided benefits under all defined benefit plans ever maintained by the employer exceed the maximum permissible amount applicable at that age, then the rate of accrual in this defined benefit plan shall be reduced to the extent necessary so that the total annual benefits payable at any time under such plans will not exceed the maximum permissible amount applicable at that age.

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(3) Prior to determining the member's actual Code Section 415 compensation for the limitation year, the employer may determine the maximum permissible amount for a member on the basis of a reasonable estimate of the member's Code Section 415 compensation for the limitation year, uniformly determined for all members similarly situated. As soon as is administratively feasible after the end of the limitation year, the maximum permissible amount for such limitation year shall be determined based on the member's actual Code Section 415 compensation for such limitation year. (c) As used in this section, the term: (1) 'Annual additions' means the sum of the following amounts credited to a member's account for the limitation year:
(A) Employer contributions; (B) Forfeitures; (C) Employee contributions; (D) Amounts allocated to an individual medical account, as defined in Code Section 415(l)(2), that is part of a pension or annuity plan maintained by the employer; (E) Amounts derived from contributions paid or accrued that are attributable to postretirement medical benefits allocated to the separate account of a key employee, as defined in Code Section 419A(d)(3), under a welfare benefit fund maintained by the employer; and (F) Allocations under a simplified employee pension. (2)(A) 'Annual benefit' means a retirement benefit under the plan which is payable annually in the form of a straight life annuity. Except as otherwise provided in this paragraph, a benefit payable in a form other than a straight life annuity must be adjusted to an actuarially equivalent straight life annuity before applying the limitations of this article. This straight life annuity is equal to the greater of the annuity benefit computed using the interest rate and mortality table, or other tabular factor, specified in Section 1.2 of the plan for adjusting benefits in the same form or the annuity benefit computed using a 5 percent interest rate assumption and the applicable mortality table defined in Section 1.2 of the plan. (B) In determining the actuarially equivalent straight life annuity for a benefit form other than a nondecreasing annuity payable for a period of not less than the life of the member or, in the case of a qualified preretirement survivor annuity, the life of the surviving spouse or decreases during the life of the member merely because of (i) the death of the survivor annuitant, but only if the reduction is not below 50 percent of the annual benefit payable before the death of the survivor annuitant, or (ii) the cessation or reduction of Social Security supplements of qualified disability payments, as defined in Code Section 401(a)(11), the applicable interest rate, as defined in plan Section 1.2 of the plan, will be substituted for a 5 percent interest rate assumption in subparagraph (A) of this paragraph. No actuarial adjustment to the benefit is required for (i) the value of a qualified joint and survivor annuity, (ii) benefits that are not directly related to retirement benefits, such as the qualified disability benefit,

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preretirement death benefits, and postretirement medical benefits, and (iii) the value of postretirement cost-of-living increases made in accordance with Code Section 415(d) and Regulation 1.415-3(c)(2)(iii). (C) The 'annual benefit' does not include any benefits attributable to employee contributions or rollover contributions or the assets transferred from a qualified plan that was not maintained by the employer. (3) 'Code Section 415 compensation' means a member's Section 3401(a) wages and shall be based on the full limitation year regardless of when participation in the plan commences. With respect to limitation years beginning after December 31, 1997, Code Section 415 compensation shall include any elective deferral, as defined in Code Section 402(g)(3), and any amount which is contributed or deferred by the employer at the election of the participant and which is not includible in the gross income of the participant by reason of Code Sections 125 and 457 and, for limitation years beginning on or after January 1, 2001, Code Section 132(f). For limitation years prior to January 1, 1998, Code Section 415 compensation shall exclude those amounts. If a member does not participate in, and has never participated in, another qualified plan maintained by the employer; a welfare benefit fund, as defined in Code Section 419(e), maintained by the employer; an individual medical account, as defined in Code Section 415(l)(2), maintained by the employer; or a simplified employee pension, as defined in Code Section 408(k), maintained by the employer that provides annual additions during any limitation year, then subsection (b) of this section is also applicable to that member's benefits. (4) 'Defined benefit compensation limitation' means 100 percent of a member's high three-year average compensation, payable in the form of a straight life annuity. In the case of a member who has separated from service, the defined benefit compensation limitation applicable to the member will be automatically adjusted by multiplying such limitation by the cost-of-living adjustment factor prescribed by the United States Secretary of the Treasury under Code Section 415(d) in such manner as the secretary shall prescribe. The adjusted compensation limit will apply to limitation years ending with or within the calendar year of the date of the adjustment; however, because the plan is a governmental plan, this provision is not applicable. (5) 'Defined benefit dollar limitation' means $160,000.00 automatically adjusted, effective January 1 of each year, under Code Section 415(d) in such manner as the secretary shall prescribe and payable in the form of a straight life annuity. The new limitation will apply to limitation years ending with or within the calendar year of the date of the adjustment. (6) 'High three-year average compensation' means the average Code Section 415 compensation for the three consecutive years of service with the employer that produces the highest average. In the case of a member who has separated from service, the member's highest average compensation will be automatically adjusted by multiplying such compensation by the cost of living adjustment factor prescribed by the United States

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Secretary of the Treasury under Code Section 415(d) in such manner as the secretary shall prescribe. The adjusted compensation amount will apply to limitation years ending within the calendar year of the date of the adjustment; however, because the plan is a governmental plan, this provision is not applicable. (7) 'Maximum permissible amount' means:
(A) The lesser of the defined benefit dollar limitation or the defined benefit compensation limitation, both adjusted where required, however, because the plan is a governmental plan, the defined benefit compensation limitation is not applicable; (B) If the member has fewer than ten years of participation in the plan, the defined benefit dollar limitation shall be multiplied by a fraction, the numerator of which is the number of years or part of a year of participation in the plan and the denominator of which is ten. In the case of a member who has fewer than ten years of service with the employer, the defined benefit compensation limitation shall be multiplied by a fraction, the numerator of which is the number of years or part of a year of service with the employer and the denominator of which is ten; (C) If the benefit of a member begins prior to age 62, the defined benefit dollar limitation applicable to the member at such earlier age is an annual benefit payable in the form of a straight life annuity beginning at the earlier age that is the actuarial equivalent of the defined benefit dollar limitation applicable to the member at age 62, adjusted as provided in subparagraph (D) of this paragraph, if required. The defined benefit dollar limitation applicable at an age prior to age 62 is determined as the lesser of the actuarial equivalent at such age of the defined benefit dollar limitation computed using the interest rate and mortality table, or other tabular factor, specified in Section 1.2 of the plan and the actuarial equivalent, at such age of the defined benefit dollar limitation computed using a 5 percent interest rate and the applicable mortality table as defined in Section 1.2 of the plan. Any decrease in the defined benefit dollar limitation determined in accordance with this subparagraph shall not reflect a mortality decrement if benefits are not forfeited upon the death of the member. If any benefits are forfeited upon death, the full mortality decrement is taken into account. (D) If the benefit of a member begins after the member attains age 65, the defined benefit dollar limitation applicable to the member at the later age is the annual benefit payable in the form of a straight life annuity beginning at the later age that is actuarially equivalent to the defined benefit dollar limitation applicable to the member at age 65 adjusted as provided in subparagraph (E) of this paragraph, if required. The actuarial equivalent of the defined benefit dollar limitation applicable at an age after age 65 is determined as the lesser of the actuarial equivalent at such age of the defined benefit dollar limitation computed using the interest rate and mortality table, or other tabular factor, specified in Section 1.2 of the plan or the actuarial equivalent at such age of the defined benefit dollar limitation computed using a 5 percent interest rate assumption and the applicable mortality table as defined in Section 1.2 of the plan. For these

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purposes, mortality between age 65 and the age at which benefits commence shall be ignored; and (E) Notwithstanding any other provision of this paragraph to the contrary, the benefit otherwise accrued or payable to a member under this plan shall be deemed not to exceed the maximum permissible benefit if:
(i) The retirement benefits payable for the plan year under any form of benefit with respect to such member under this plan and under all other defined benefit plans, regardless of whether terminated, ever maintained by the employer do not exceed $1,000.00 multiplied by the member's number of years of service or parts thereof not to exceed ten with the employer; and (ii) The employer has not at any time maintained a defined contribution plan in which the member participated. (8) 'Year of participation' means a year of participation, computed to fractional parts of a year, for each accrual computation period for which the following conditions are met: (A) The member is credited with at least the number of hours of service for benefit accrual purposes required under the terms of the plan in order to accrue a benefit for the accrual computation period; and (B) The member is included as a member under the eligibility provisions of the plan for at least one day of the accrual computation period. If such conditions are met, the portion of a year of participation credited to the member shall equal the amount of benefit accrual service credited to the member for such accrual computation period. A member who is permanently and totally disabled within the meaning of Code Section 415(c)(3)(C)(i) for an accrual computation period shall receive a year of participation with respect to that period. In addition, for a member to receive a year of participation, or part thereof, for an accrual computation period, the plan must be established no later than the last day of such accrual computation period. In no event will more than one year of participation be credited for any 12 month period.

6.3 FINAL CODE SECTION 415 REGULATIONS. (a) Effective date. The limitations of this section shall apply in limitation years that begin more than 90 days after the close of the first regular legislative session of the General Assembly that begins on or after July 1, 2007. (b) Grandfather provision. The application of the provisions of this section shall not cause the maximum permissible benefit for any member to be less than the member's accrued benefit under all the defined benefit plans of the employer or a predecessor employer as of the end of the last limitation year beginning before July 1, 2007, under provisions of the plans that were both adopted and in effect before April 5, 2007, but only if the provisions of such defined benefit plans that were both adopted and in effect before April 5, 2007, satisfied the applicable requirements of statutory provisions, regulations, and other published guidance relating to Code Section 415 in effect as of the end of the last limitation

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year beginning before July 1, 2007, as described in Section 1.415(a)-1(g)(4) of the federal Department of Treasury regulations. (c) Incorporation by reference. Notwithstanding anything contained in the plan to the contrary, the limitations, adjustments, and other requirements prescribed in the plan shall comply with the provisions of Code Section 415 and the final regulations promulgated thereunder, the terms of which are specifically incorporated herein by reference as of the effective date of this section, except where an earlier effective date is otherwise provided in the final regulations or herein; provided, however, that where the final regulations permit the plan to specify an alternative option to a default option set forth in the regulations, and the alternative option was available under statutory provisions, regulations, and other published guidance relating to Code Section 415 as in effect prior to April 5, 2007, and the plan provisions in effect as of April 5, 2007, incorporated the alternative option, said alternative option shall remain in effect as a plan provision for limitation years beginning on or after July 1, 2007, unless another permissible option is selected in this section. (d) High three-year average compensation. For purposes of the plan's provisions reflecting Code Section 415(b)(3), which is limiting the annual benefit payable to no more than 100 percent of the member's average annual compensation, a member's average compensation shall be the average compensation for the three consecutive years of service, except that a member's compensation for a year of service shall not include compensation in excess of the limitation under Code Section 401(a)(17) that is in effect for the calendar year in which such year of service begins. If the member has less than three consecutive years of service, compensation shall be averaged over the member's longest consecutive period of service, including fractions of years, but not less than one year. In the case of a member who is rehired by the employer after a severance of employment, the member's high three-year average compensation shall be calculated by excluding all years for which the member performs no services for and receives no compensation from the employer (the 'break period'), and by treating the years immediately preceding and following the break period as consecutive. Because the plan is a governmental plan, this provision is not applicable. (e) Adjustment to dollar limit after date of severance. In the case of a member who has had a severance from employment with the employer, the defined benefit dollar limitation applicable to the member in any limitation year beginning after the date of severance shall not be automatically adjusted under Code Section 415(d). (f) Compensation paid after severance from employment. For limitation years beginning on or after July 1, 2007, compensation for a limitation year, within the meaning of Code Section 415(c)(3), shall also include the following types of compensation paid by the later of two and one-half months after a member's severance from employment with the employer maintaining the plan or the end of the limitation year that includes the date of the member's severance from employment with the employer maintaining the plan. Any other payment of compensation paid after severance of employment that is not described in the following types of compensation is not considered compensation within the meaning of

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Code Section 415(c)(3), even if payment is made within the time period specified in this subsection:
(1) Regular pay after severance from employment. Compensation shall include regular pay after severance of employment if:
(A) The payment is regular compensation for services during the member's regular working hours or compensation for services outside the member's regular working hours, such as overtime or shift differential, commissions, bonuses, or other similar payments; and (B) The payment would have been paid to the member prior to a severance from employment if the member had continued in employment with the employer; (2) Leave cashouts and deferred compensation. Leave cashouts and deferred compensation shall be included in compensation, unless an election is made to exclude such amounts, if those amounts would have been included in the definition of compensation if they were paid prior to the member's severance from employment with the employer maintaining the plan and the amounts are either: (A) Payment for unused accrued bona fide sick, vacation, or other leave, but only if the member would have been able to use the leave if employment had continued; or (B) Received pursuant to a nonqualified unfunded deferred compensation plan, but only if the payment would have been paid to the member if the member had continued in employment with the employer and only to the extent that the payment is includible in the member's gross income; (3) Salary continuation payments for military service members. Compensation does not include payments to an individual who does not currently perform services for the employer by reason of qualified military service, as that term is used in Code Section 414(u)(1), to the extent those payments do not exceed the amounts the individual would have received if the individual had continued to perform services for the employer rather than entering qualified military service; and (4) Salary continuation payments for disabled members. Compensation does not include compensation paid to a member who is permanently and totally disabled, as defined in Code Section 22(e)(3). (g) Administrative delay. Compensation for a limitation year shall not include amounts earned but not paid during the limitation year solely because of the timing of pay periods and pay dates, provided the amounts are paid during the first few weeks of the next limitation year, the amounts are included on a uniform and consistent basis with respect to all similarly situation members, and no compensation is included in more than one limitation year.

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ARTICLE VII Trustee.

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7.1 THE TRUST AGREEMENT. Simultaneously with the execution and delivery of this restated plan, the authority and the trustee shall execute a separate trust agreement. Such underlying trust shall hold in trust the assets and liabilities of the plan in a manner consistent with the funding requirements of the plan, for the exclusive benefit of the members, retired members, disabled members, beneficiaries, contingent beneficiaries, and spouses.

7.2 OWNERSHIP OF TRUST ASSETS. Title to the trust fund, including all funds and investments held hereunder by the trustee from time to time, shall be and remain in the trust and no member, retired or disabled member, beneficiary, contingent beneficiary, spouse, or person claiming through any of them shall have any legal or equitable rights or interest in the trust fund except to the extent that such rights or interest may be expressly granted under the provisions of the plan or the trust agreement.

7.3 EXCLUSIVE USE. In no event shall any of the principal or income of the trust fund be used for, or diverted to, purposes other than the exclusive benefit of members, retired members, disabled members, beneficiaries, contingent beneficiaries, and spouses, or in the payment of the expense of the plan as set forth in the trust agreement, except as provided in the plan or except at termination of the plan, and then only if all liabilities thereunder have been met.

ARTICLE VIII Plan Amendment, Termination, or Merger.

8.1 AMENDMENT. (a) The authority shall have the right at any time to amend this plan subject to the limitations of this section; provided, however, that any amendment that affects the rights, duties, or responsibilities of the trustee or administrator may only be made with the trustee's or administrator's written consent. Any such amendment shall become effective as provided therein upon its execution. The trustee shall not be required to execute any such amendment unless the amendment affects the duties of the trustee hereunder. Such an amendment shall not cause a reduction in any current or future benefit payable under the plan. (b) No amendment to the plan shall be effective if it authorizes or permits any part of the trust fund, other than such part as is required to pay taxes and administration expenses, to be used for or diverted to any purpose other than for the exclusive benefit of the members or their beneficiaries or estates; causes any reduction in the amount credited to the account

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of any member; or causes or permits any portion of the trust fund to revert to or become property of the employer.

8.2 TERMINATION. (a) The authority shall have the right, subject to the approval of the General Assembly, to terminate the plan at any time by delivering to the trustee and the administrator written notice of such termination. Upon any termination full or partial, all amounts shall be allocated in accordance with the provisions of the plan and the accrued benefit, to the extent funded as of such date, of each affected member shall become fully vested and shall not thereafter be subject to forfeiture. (b) Upon full termination of the plan, the employer shall direct the distribution of the assets in the trust fund to the members in a manner which is consistent with Section 5.10 of the plan. In such case, the trustee shall distribute the assets to the remaining members in the plan and to retired members in cash, in property, or through the purchase of irrevocable deferred commitments from an insurer, subject to provision for expenses of administration or liquidation. Such distributions shall be allocated in the following order to the extent of the sufficiency of such assets, basing such allocation on the accrued benefit for each such member at the date of termination of the plan:
(1) To provide pensions to retired members who have retired under the plan prior to its termination without reference to the order of retirement; (2) To provide normal retirement benefits to members who have reached their normal retirement dates but have not retired on the date of termination, without reference to the order in which they reached their normal retirement date; and (3) To provide normal retirement benefits to members who have not yet reached their normal retirement date on the date of termination, in the order in which they will reach their normal retirement date. Such benefits shall be based upon accrued benefits as of the date of termination. The balance, if any, of the assets due to erroneous actuarial computation after such allocation shall be returned to the employer, but only after the satisfaction of all liabilities with respect to members and pensions under the plan; provided, however, that the foregoing provision permitting a return of excess assets to the employer shall not be treated as effective until the end of the fifth calendar year following the date such a provision was first adopted and continuously remained in effect unless the plan has always provided for a return of assets. In the event the provision is not treated as effective, excess assets shall be reallocated to the members in a nondiscriminatory manner. The portion of the excess attributable to mandatory contributions will be paid to the members who made these contributions.

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ARTICLE IX Miscellaneous.

5679

9.1 MEMBERS' RIGHTS. This plan shall not be deemed to constitute a contract between the employer and any member or to be a consideration or an inducement for the employment of any member or employee. Nothing contained in this plan shall be deemed to give any member or employee the right to be retained in the service of the employer or to interfere with the right of the employer to discharge any member or employee at any time regardless of the effect such discharge shall have upon the employee as a member of this plan.

9.2 CONSTRUCTION OF PLAN. This plan and trust shall be construed and enforced according to the Official Code of Georgia Annotated.

9.3 GENDER AND NUMBER. Wherever any words are used herein in the masculine, feminine, or neuter gender, they shall be construed as though they were also used in another gender in all cases where they would so apply, and whenever any words are used herein in the singular or plural form, they shall be construed as though they were also used in the other form in all cases where they would so apply.

9.4 LEGAL ACTION. In the event any claim, suit, or proceeding is brought regarding the trust or plan or both established by the plan to which the trustee or the administrator may be a party, and such claim, suit, or proceeding is resolved in favor of the trustee or administrator, they shall be entitled to be reimbursed from the trust fund for any and all costs, attorney's fees, and other expenses pertaining thereto incurred by them for which they shall have become liable. Any person having any claim under the plan shall look solely to the assets of the pension fund for satisfaction. In no event shall the authority, or any of its officials, members of the pension committee, or agents, be liable in their respective individual capacities to any person whatsoever under the provisions of the system. Except for its or their willful neglect or fraud, neither the authority, the pension committee, nor any members of either body shall be in any way subject to any suit or litigation, or to any legal liability, for any cause or reason whatsoever in connection with the plan or its operation, and each member releases the authority and all of its officers and agents from any and all liability or obligation. In this respect, the authority shall be the only necessary party as to any action or proceeding involving the assets held in the pension trust, or the administration thereof, and no employees or former employees of the authority or their beneficiaries or any other person having or claiming to have an interest in the plan shall be entitled to any notice or process. Any final judgment that may be entered in any such action or proceeding shall be

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binding and conclusive on the parties to the plan, the authority, and all persons having or claiming to have any interest in the system.

9.5 PROHIBITION AGAINST DIVERSION OF FUNDS. (a) Except as provided in this article and as otherwise specifically permitted by law, it shall be impossible by operation of the plan or of the trust, by termination of either, by power of revocation or amendment, by the happening of any contingency, by collateral arrangement or by any other means, for any part of the corpus or income of any trust fund maintained pursuant to the plan or any funds contributed thereto to be used for, or diverted to, purposes other than the exclusive benefit of members, retired members, or their beneficiaries. (b) If plan benefits are provided through the distribution of annuity or insurance contracts, any refunds or credits in excess of plan benefits (on account of dividends, earnings, or other experience rating credits or surrender or cancellation credits) will be paid to the trust fund.

9.6 RECEIPT AND RELEASE FOR PAYMENTS. Any payment to any member, the member's legal representative or beneficiary, or any guardian or committee appointed for such member or beneficiary in accordance with the provisions of this plan shall, to the extent thereof, be in full satisfaction of all claims hereunder against the trustee and the employer.

9.7 HEADINGS. The headings and subheadings of this plan have been inserted for convenience of reference and are to be ignored in any construction of the provisions hereof.

9.8 UNIFORMITY. All provisions of this plan shall be interpreted and applied in a uniform, nondiscriminatory manner. In the event of any conflicts between the terms of this plan and any insurance contract purchased hereunder, the plan provisions shall control.

9.9 TRANSFER. Any active member of the plan shall have the option to cease participation in the plan and transfer the value of his or her earned benefits to any future plan offered by the authority; provided, however, that any such transfer of participation shall be subject to the provisions of such other plan. Any such transfer shall be entirely voluntary."

SECTION 2. This Act shall become effective on July 1, 2012, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, the plan shall not

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become effective and shall be automatically repealed in its entirety on July 1, 2012, as required by subsection (a) of Code Section 47-20-50.

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 "Macon Water Commissioners Pension Plan," approved December 30, 1953 (Ga. L. 1953, November-December Session, p. 2831) as amended; and for other purposes.
This 2nd day of March, 2011
/s/ Lonzy Edwards Attorney for Macon Water Authority
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, David Lucas, who on oath deposes and says that he is the Representative from District 139 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Macon Telegraph which is the official organ of Bibb County on March 5, 2011, and that the notice requirements of Code Section 28-1-14 have been met.
s/ DAVID LUCAS David Lucas Representative, District 139
Sworn to and subscribed before me, this 8th day of April 2011.
s/ DEANA MOSHER Deana Mosher Notary Public, Henry County, Georgia My Commission Expires Aug. 25, 2011 (SEAL)

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Approved May 1, 2012.

__________

HEART OF GEORGIA REGIONAL AIRPORT AUTHORITY MANNER OF APPOINTMENT OF MEMBERS.

No. 768 (House Bill No. 1252).

AN ACT

To amend an Act creating the Heart of Georgia Regional Airport Authority, approved April 18, 1995 (Ga. L. 1995, p. 4448), as amended, particularly by an Act approved April 19, 2000 (Ga. L. 2000, p. 4294), so as to change the method of appointing the members of the authority; to repeal conflicting laws; to provide for an effective date; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating the Heart of Georgia Regional Airport Authority, approved April 18, 1995 (Ga. L. 1995, p. 4448), as amended, particularly by an Act approved April 19, 2000 (Ga. L. 2000, p. 4294), is amended by revising subsection (b) of Section 3 as follows:
"(b) The authority shall consist of seven members. The governing authority of Dodge County, the governing authority of the City of Eastman, and the membership of the Dodge County-Eastman Development Authority shall each appoint two members, both of whom shall be citizens of Dodge County and one, and only one, of whom shall be a member of the appointing authority. The seventh member shall be a citizen of Dodge County appointed by the Dodge County delegation to the Georgia House of Representatives."

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 2012 session of the General Assembly of Georgia a bill to amend an Act creating Heart of Georgia Regional Airport

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Authority, approved April 18, 1005 (Ga. L. 1995, p. 4448), as amended; 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 7, 2012, and that the notice requirements of Code Section 28-1-14 have been met.

s/ JIMMY PRUETT Jimmy Pruett Representative, District 144

Sworn to and subscribed before me, this 12th day of March 2012.

s/ LAURA E. HURD Laura E. Hurd Notary Public, Clayton County, Georgia My Commission Expires Aug. 14, 2015 (SEAL)

Approved May 3, 2012.

__________

HOME RULE ORDINANCES
OF COUNTIES
AND CONSOLIDATED GOVERNMENTS

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FORSYTH COUNTY SERVICE SYSTEM; EXEMPTIONS; CIVIL SERVICE BOARD; COMPENSATION; HEARING OFFICER; GENERAL COUNSEL; APPEALS.

RESOLUTION AND ORDINANCE OF THE BOARD OF COMMISSIONERS OF FORSYTH COUNTY AMENDING THE
LOCAL LAW REGARDING THE FORSYTH COUNTY CIVIL SERVICE SYSTEM

A Resolution and Ordinance to amend the local act creating a civil service system in Forsyth County for employees of Forsyth County; to provide for the further exemption of persons from membership in the Forsyth County Civil Service System; to define those exempted; to modify the per diem meeting rate for Civil Service Board members; to remove sections of the Act no longer having application; to provide for a hearing officer and general counsel to the Civil Service Board; to further clarify the timelines for the disposition of Civil Service appeals; to modify an appealable event; to provide an effective date; and, for other purposes.

WHEREAS, the citizens of Forsyth County adopted on November 2, 1976, an amendment to the Constitution of 1945, Article VII, Section IV, Ga. Laws 1976, pg. 1796 providing for a Civil Service System for Forsyth County; and,

WHEREAS, the General Assembly of Georgia enacted local legislation providing the Forsyth County Civil Service System by Ga. Laws 1978, page 3572, which Act was approved on March 13, 1978 by the Governor; and,

WHEREAS, the Constitution of 1983, in Article IX, Section II, paragraph I(a), provides that the governing authority of the County shall have legislative power to adopt clearly reasonable ordinances, resolutions, or regulations relating to its property, affairs, and local government; and,

WHEREAS, the Constitution of 1983 provides further that the governing authority of a county may, as an incident of its home rule power, amend or repeal local acts applicable to matters within its governing authority [Article IX, Section II, Paragraph 1(b)(1)]; and,

WHEREAS, the Board of Commissioners of Forsyth County is desirous of amending the local acts creating and regulating the Forsyth County Civil Service Board;

NOW THEREFORE BE IT RESOLVED AND ORDAINED by the Board of Commissioners of Forsyth County, Georgia, and it is hereby resolved and ordained by the authority of the same, as follows:

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SECTION 1.

Section 2(a) of Ga. Laws 1978, pg. 3572, as amended by Ga. Laws 1988, pg. 5162; Ga. Laws 1988, pg. 3535; Ga. Laws 1997, pg. 4701; and Ga. Laws 2007, pg. 4319 is hereby amended by striking subsection (a) of Section 2 and inserting in its place a new subsection (a) to read as follows:

Section 2(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 or Appointed Officials, members of the Forsyth County Juvenile Court and staff, members of the Forsyth County Superior Court and staff; members of the Forsyth County State Court and staff, members of the Forsyth County Solicitor's office and staff, members of the Forsyth County District Attorney's office and staff, members of the Forsyth County Probate Court and staff, members of the Forsyth County Pretrial Services division and staff, members of appointed boards, members of commissions and authorities, the county attorneys, the county physician, part-time employees, seasonal employees, temporary employees, probationary employees, consultants, independent contractors, and any other employee or individuals affiliated with Forsyth County who are expressly exempt by Georgia law.

SECTION 2.

Section 3(b) of Ga. Laws 1978, pg. 3572, as amended by Ga. Laws 1988, pg. 5162, is hereby amended by replacing the language "judge of the probate court" with "chief judge of the magistrate court" in subsection (b) of Section 3 and therefore the provision shall read as follows:

(b) Members of the civil service board shall be selected and appointed for a term of four (4) years each, and shall serve until their successors are appointed and qualified. The members of the civil service board shall be selected and appointed in the following manner: One member shall be selected by the elected county officials, who shall each have one vote, namely, clerk of the superior court, tax commissioner, sheriff and chief judge of the magistrate court, and each member of the governing authority of Forsyth County, for a total of nine votes cast, and the person so selected by said county officials shall be appointed to the civil service board by the governing authority of Forsyth County. The second member shall be selected by a majority of the employees of Forsyth County (other than the aforesaid elected officials or any person in the employ of Forsyth County), who shall be eligible to come under the provisions of this Act and who are in the employ of Forsyth County on a full-lime basis on the effective date of this Act or so employed thereafter, and the person so selected by said employees shall be appointed to the civil service board by

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the governing authority of Forsyth County. The third member of the civil service board shall be selected by the two (2) members selected by the elected officials and the full-time county employees and the person selected shall be appointed to the civil service board by the governing authority of Forsyth County.

SECTION 3.

Section 3(c) of Ga. Laws 1973, pg. 3572, as amended by Ga. Laws 1988, pg. 5162 and Ga. Laws 1988, pg. 3535 is hereby amended by striking subsection (c) of Section 3 and inserting in its place a new subsection (a) to read as follows:

Each member of the civil service board shall be paid a per diem fee of one-hundred dollars ($100.00) per meeting attended, with no limitation on the number of paid meetings per month. A "meeting" shall consist of both regular meetings of the board, any special or called meetings, and each hearing day required for a civil service hearing. To the extent a regular meeting, called/special meeting or all or portion of a hearing occur on the same day, only a single per diem fee shall be paid.

SECTION 4.

Section 4 of Ga. Laws 1978, pg. 3572 is hereby amended by striking Section 4 and inserting in its place a new section to read as follows:

Section 4. It shall be the duty, function and responsibility of the civil service board to represent the interest of the public in the improvement of personnel administration and the selection of qualified personnel. All meetings of the civil service board shall be open and held in offices provided therefore by the governing authority of Forsyth County. The governing authority of said county is hereby authorized to provide necessary clerical assistance to the board by way of appointing a clerk. Said board shall hold regular meetings at least once a month, and may hold additional meetings as may be required for the proper discharge of its duties.

SECTION 5.

Section 5 of Ga. Laws 1978, pg. 3572, as amended by Ga. Laws 1988, pg. 5162 and Ga. Laws 1988, pg. 3535 is hereby amended by striking Section 5 in its entirety and inserting in its place a new Section 5 to read as follows:

(a) To conduct hearings, and appeals and render decisions after hearings as to a member of the Civil Service System who claims to have been improperly demoted, suspended, or dismissed. The first suspension of 8 hours or less or of one shift or less to the same

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employee during a single calendar year may, if approved via policy of the board of commissioners, be appealed by way of written position statements tendered to the civil service board. The civil service board shall be authorized to appoint an attorney to act as general counsel for the civil service board as well as to act as a hearing officer for the taking of evidence, findings of fact, conclusions of law, and recommendations for disposition, said appointment and action to be based on rules, regulations, and standards effectuating the same. This appointment must be ratified by the board of commissioners prior to becoming effective. The attorney appointed as general counsel may serve as the hearing officer. (b) The civil service board shall keep and maintain an accurate record of minutes and shall be furnished a clerk by the governing authority to keep and maintain its minutes, post notices of meetings, coordinate meeting dates and attendance, issue subpoenas, coordinate continuances, and otherwise comply with all requirements of the Open Meetings and Records Act. The Civil Service Clerk shall not serve as clerk of any other board, committee or authority of Forsyth County. (c) Said board shall be authorized to make recommendations as to amendments, additions to, and changes in said rules and regulations from time to time and when said amendments, changes, or additions are adopted by the governing authority of Forsyth County, said amendments shall have the force of law and be binding on all parties affected by said civil service system.

SECTION 6.

Section 6 of Ga. Laws 1978, pg. 3572, as amended by Ga. Laws 1988, pg. 5162 and Ga. Laws 1988, pg. 3535 is hereby amended by striking Section 6 and inserting in its place a new section to read as follows:

Section 6. An employee of a covered department or office of the county may be dismissed from employment in said department or office for good cause and in accordance with the rules and regulations of the civil service board, as approved by the governing authority as aforesaid. Any such employee who is dismissed shall have the right of appeal pursuant to the terms of the rules and regulations prescribed for appeal by the civil service board for such appeal; provided, however, that such dismissed employee must file his appeal with the board in writing within ten days from the date of his dismissal and serve a copy of the appeal on the county administrator on the same date it is filed with the board. The appeal shall be set for hearing at the next regular or special meeting of the civil service board after the appeal is filed. The appeal should be heard within sixty (60) days of the appeal being filed subject to any continuances approved by the clerk or the board, and in no event may the hearing occur later than one-hundred twenty (120) days following the filing of the appeal. The board shall have thirty (30) days following the hearing to render its decision.

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The decision of the board shall be binding upon the governing authority of said county as to whether such dismissal was for proper cause.

SECTION 7.

Repealer Provision. Any resolution, ordinance, rule, regulation or other instruction previously approved by the Board of Commissioner or any other agency of Forsyth County which is inconsistent with the provision of this Ordinance is repealed, revoked and shall be of no further force or effect upon the effective date of this Ordinance; but it is hereby provided that any resolution or law, which may be applicable hereto and aid in carrying out and making effective the intent, purpose and provisions hereof, which shall be liberally construed to be in favor of Forsyth County, is hereby adopted as apart hereof;

SECTION 8.

This Ordinance shall become effective immediately upon its having been approved by the Board of Commissioners of Forsyth County at two (2) regular consecutive meetings, which meetings shall not be less than seven (7) nor more than sixty (60) days apart.

This Resolution and Ordinance, having been considered and adopted by the Board of Commissioners on the 5th day of May of 2011 and at the next regular consecutive meeting of the Board of Commissioners held 19th day of May of 2011, this Resolution and Ordinance is hereby adopted and is effective this 19th day of May of 2011, the public health, safety and general welfare demanding it.

FORSYTH COUNTY BOARD OF COMMISSIONERS

s/ BRIAN R. TAM Brian R. Tam, Chairman

s/ PATRICK 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

5692 Attest:

COUNTY HOME RULE ORDINANCES

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 - CHANGE IN LOCAL LAW AS TO FORSYTH COUNTY CIVIL SERVICE BOARD was published 4 time(s) on the dates of APRIL 27, MAY 4, 11, 18, 2011 (Ref. 568).

s/ SEBRENA MOCTEZUMA SEBRENA MOCTEZUMA

Subscribed and sworn to before me this 23RD day of MAY, 2011.

s/ LORI M. BRENNAN NOTARY PUBLIC (seal)

NOTICE TO THE PUBLIC CHANGE IN LOCAL LAW AS TO FORSYTH COUNTY CIVIL SERVICE BOARD

To all Forsyth County citizens. In accord with Article IX, Section 2, Paragraph I of the Georgia Constitution, please be advised that the Board of Commissioners of Forsyth County will vote to modify the enabling legislation of the Forsyth County Civil Service System (Ga. Laws 1978, p. 3572) and all pertinent amendments thereto.

The Board will vote on a Resolution and Ordinance to amend the local act creating a civil service system in Forsyth County for employees of Forsyth County; to provide for the further exemption of persons from membership in the Forsyth County Civil Service System; to define those exempted; to modify the per diem meeting rate for Civil Service Board

GEORGIA LAWS 2012 SESSION

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members; to remove sections of the Act no longer having application; to provide for a hearing officer and general counsel to the Civil Service Board; to further clarity the timelines for the disposition of Civil Service appeals; to modify an appealable event; to provide an effective date; and for other purposes.

The Board shall consider this amendment to the Forsyth County Civil Service System enabling legislation at its meetings on May 5, 2011 and May 19, 2011. A copy of the proposed Resolution 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.

Forsyth County Board of Commissioners.

Filed in the Office of the Secretary of State May 26, 2011. __________

RABUN COUNTY - SOIL EROSION ORDINANCE.

Sec. 16-164. Rules and regulations governing land disturbing activities.

The rules and regulations, ordinances, or resolutions adopted pursuant to O.C.G.A. 12-7-1 et seq. for the purpose of governing land disturbing activities shall require, as a minimum, protections at least as stringent as the state general permit; and best management practices, including sound conservation and engineering practices to prevent and minimize erosion and resultant sedimentation, which are consistent with, and no less stringent than, those practices contained in the Manual for Erosion and Sediment Control in Georgia, published by the Georgia Soil and Water Conservation Commission as of January 1 of the year in which the land disturbing activity was permitted, as well as the following:
(1) Stripping of vegetation, regarding and other development activities shall be conducted in a manner so as to minimize erosion;
(2) Cut-fill operations must be kept to a minimum; (3) Development plans must conform to topography and soil type so as to create the
lowest practical erosion potential; (4) Whenever feasible, natural vegetation shall be retained, protected and supplemented; (5) The disturbed area shall not exceed 17 acres and all areas of erodible earth material
shall be exposed no longer than seven days before the area is stabilized with grass, straw, mulch and seed or a combination of these. Stabilization of new exposed areas shall occur weekly; (6) Mud or any form of sediments shall not be allowed on any roadway whether it is a county accepted roadway or a dedicated roadway. A dedicated roadway is one that

5694

COUNTY HOME RULE ORDINANCES

has been dedicated by the filing of a final plat, but has not been accepted by the county for maintenance purposes; (7) All exposed slopes will be treated with geotextile fabric or coated with a polymer material or will utilize other methods approved by the local issuing authority to prevent erosion; (8) Disturbed soil shall be stabilized as quickly as practicable; (9) Temporary vegetation or mulching shall be employed to protect exposed critical areas during development; (10) Permanent vegetation and structural erosion control practices shall be installed as soon as practicable; (11) To the extent necessary, sediment in runoff water must be trapped by the use of debris basins, sediment basins, silt traps, or similar measures until the disturbed area is stabilized. Georgia DOT type "C" wire-backed silt fence shall be installed at all locations where construction activity will be adjacent to a state water buffer. As used in this subsection, a disturbed area is stabilized when it is brought to a condition of continuous compliance with the requirements of O.C.G.A. 12-7-1 et seq.; (12) Adequate provisions must be provided to minimize damage from surface water to the cut face of excavations or the sloping of fills; (13) Cuts and fills may not endanger adjoining property; (14) Fills may not encroach upon natural watercourses or constructed channels in a manner so as to adversely affect other property owners; (15) Grading equipment must cross flowing streams by means of bridges or culverts except when such methods are not feasible, provided, in any case, that such crossings are kept to a minimum; (16) Utility companies which are utilizing roadway shoulders for construction are required to stabilize the earth shoulders every three days as a maximum period time and are required to stabilize the shoulder before leaving the work area on any particular day if rain is forecast with the next 24 hours; (17) Land disturbing activity plans for erosion, sedimentation and pollution control shall include provisions for treatment or control of any source of sediments and adequate sedimentation control facilities to retain sediments on-site or preclude sedimentation of adjacent waters beyond the levels specified in section 16-163(b); (18) Except as provided in subsection (19) of this section, there is established a 25-foot buffer along the banks of all state waters, as measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action, except where the director determines to allow a variance that is at least as protective of natural resources and the environment, where otherwise allowed by the director pursuant to O.C.G.A. 12-2-8; where a drainage structure or a roadway drainage structure must be constructed, provided that adequate erosion control measures are incorporated in the project plans and specifications, and are implemented; or along any ephemeral stream. As used in this subsection, the term "ephemeral stream"

GEORGIA LAWS 2012 SESSION

5695

means a stream that under normal circumstances has water flowing only during and for a short duration after precipitation events; that has the channel located above the ground water table yearround; for which groundwater is not a source of water; and for which runoff from precipitation is the primary source of water flow. Unless exempted as along an ephemeral stream, the buffers of at least 25 feet established pursuant to O.C.G.A. 12-5-440 et seq., a part of the Georgia Water Quality Control Act, O.C.G.A. 12-5-20 et seq., shall remain in force unless a variance is granted by the director as provided in this paragraph. The following requirements shall apply to any such buffer: a. No land disturbing activities shall be conducted within a buffer and a buffer shall remain in its natural, undisturbed state of vegetation until all land disturbing activities on the construction site are completed. Once the final stabilization of the site is achieved, a buffer may be thinned or trimmed of vegetation as long as a protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the streambed; provided, however, that any person constructing a single-family residence, when such residence is constructed by or under contract with the owner for his own occupancy, may thin or trim vegetation in a buffer at any time as long as protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the streambed; and b. The buffer shall not apply to the following land disturbing activities, provided that they occur at an angle, as measured from the point of crossing, within 25 degrees of perpendicular to the stream; cause a width of disturbance of not more than 50 feet within the buffer; and adequate erosion control measures are incorporated into the project plans and specifications and are implemented: 1. Stream crossings for water lines; or 2. Stream crossings for sewer lines; and (19) There is established a 50-foot buffer, as measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action, along the banks of any state waters classified as trout streams pursuant to O.C.G.A. 12-5-20 et seq., the Georgia Water Quality Control Act, except where a roadway drainage structure must be constructed; provided, however, that small springs and streams classified as trout streams which discharge an average annual flow of 25 gallons per minute or less shall have a 25-foot buffer or they may be piped, at the discretion of the landowner, pursuant to the terms of a rule providing for a general variance promulgated by the board, so long as any such pipe stops short of the downstream landowner's property and the landowner complies with the buffer requirement for any adjacent trout streams. The director may grant a variance from such buffer to allow land disturbing activity, provided that adequate erosion control measures are incorporated in the project plans and specifications and are implemented. The following requirements shall apply to such buffer:

5696

COUNTY HOME RULE ORDINANCES

a. No land disturbing activities shall be conducted within a buffer and a buffer shall remain in its natural, undisturbed state of vegetation until all land disturbing activities on the construction site are completed. Once the final stabilization of the site is achieved, a buffer may be thinned or trimmed of vegetation as long as a protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the streambed; provided, however, that any person constructing a single-family residence, when such residence is constructed by or under contract with the owner for his own occupancy, may thin or trim vegetation in a buffer at any time as long as protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the streambed; and
b. The buffer shall not apply to the following land disturbing activities, provided that they occur at an angle, as measured from the point of crossing, within 25 degrees of perpendicular to the stream; cause a width of disturbance of not more than 50 feet within the buffer; and adequate erosion control measures are incorporated into the project plans and specifications and are implemented: 1. Stream crossings for water lines; or 2. Stream crossings for sewer lines.
(Ord. of 4-27-2004, IV(C))

Sec. 16-165. Adoption of stringent requirements that exceed minimum standards.

Nothing contained in O.C.G.A. 12-7-1 et seq. shall prevent any local issuing authority from adopting rules and regulations, ordinances, or resolutions which contain stream buffer requirements that exceed the minimum requirements in sections 16-163 and 16-164. (Ord. of 4-27-2004, IV(D))

Sec. 16-166. Injury to property not presumption of standards violation.

The fact that land disturbing activity for which a permit has been issued results in injury to the property of another shall neither constitute proof of nor create a presumption of a violation of the standards provided for in this article or the terms of the permit. (Ord. of 4-27-2004, IV(E))

GEORGIA LAWS 2012 SESSION AFFIDAVIT OF PUBLICATION

5697

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 # 3345dj - Soil Erosion Ordinance was published in The Clayton Tribune on the following dates: May 05, 2011 May 12, 2011 May 19, 2011

s/ STEPHEN T. MEADOWS Affiant

Sworn to and subscribed before me this 27th day of May, 2011

s/ DAVID L. HOLT NOTARY PUBLIC RABUN COUNTY, GEORGIA MY COMM. EXPIRES 09/30/2012 (SEAL)

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, May 24, 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 RELATING TO LAND DISTRUBING ACTIVITIES IN ORDER TO CONFORM WITH THE GEORGIA SOIL EROSION AND SEDIMENTATION ACT. 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.

5698

COUNTY HOME RULE ORDINANCES

Filed in the Office of the Secretary of State June 20, 2011. _________

BANKS COUNTY - ORDERS AND WARRANTS; AUTHORIZED SIGNERS.

FIRST READING: 6/14/2011 SECOND READING: 7/12/2011 ADVERTISED: 6/22/2011 ADVERTISED: 6/29/2011 ADVERTISED: 7/06/2011

2011-09

RESOLUTION

A RESOLUTION BY THE BOARD OF COMMISSIONERS OF BANKS COUNTY, GEORGIA UNDER THE HOME RULE PROVISIONS FOR COUNTIES AS SET FORTH IN ARTICLE IX, SECTION II, PARAGRAPH I OF THE CONSTITUTION OF THE STATE OF GEORGIA OF 1983, AS AMENDED TO AMEND AN ACT OF THE GENERAL ASSEMBLY OF GEORGIA ENTITLED "BANKS BOARD OF COMMISSIONERS CREATED" GA. LAWS 1916, P. 349; AS AMENDED, SO AS TO FURTHER AMEND SAID ACT TO DESIGNATE WHO SIGNS ORDERS AND WARRANTS FOR THE PAYMENT OF ANY MONEY OUT OF THE COUNTY TREASURY; TO REPEAL CONFLICTING ORDINANCES; TO PROVIDE FOR AN EFFECTIVE DATE AND FOR OTHER PURPOSES.

WHEREAS, the Board of Commissioners was formed by an Act adopted and approved by The Georgia General Assembly on August 19, 1916, (Ga. L. 1916, p.349) as amended; and

WHEREAS, the Act provides that the chairperson shall sign all orders and warrants for the payment of any money out of the county treasury, the same to be countersigned by the clerk of the board of commissioners; and

WHEREAS, the chairperson and clerk are not always available when orders and warrants for the payment of money need to be signed; and

WHEREAS, the Commissioners want the chairperson or vice chairperson to sign all orders and warrants for the payment of any money out of the county treasury, the same to be countersigned by the clerk or assistant clerk; and

GEORGIA LAWS 2012 SESSION

5699

NOW THEREFORE, be it resolved by the authority of the Board of Commissioners of Banks County as follows:

-1-

The Act creating the Banks Board of Commissioners originally adopted August 19, 1916, and subsequently amended is hereby further amended by deleting Section 11.(a) in its entirety and inserting in lieu thereof a new Section 11.(a) to read as follows:

Section 11. (a) The chairperson shall preside at all meetings. It shall be the duty of the chairperson or vice chairperson to sign all orders and warrants for the payment of any money out of the county treasury, the same to be countersigned by the clerk or assistant clerk to the board of commissioners.

-2-

All Resolutions, or Ordinances, or parts thereof, in conflict with the terms of this Resolution are hereby repealed, but it is hereby provided that any resolution, ordinance or law, which may be applicable hereto and aid in carrying out and making effective the intent, purpose and provisions hereof, which shall be liberally construed to be in favor of Hall County, is hereby adopted as part hereof.

-3-

If any paragraph, sub-paragraph, sentence, clause, phrase, or any portion of this Resolution shall be declared invalid or unconstitutional by any court of competent jurisdiction or if the provisions of any part of this Resolution as applied to any particular situation or set of circumstances shall be declared invalid or unconstitutional, such invalidity shall not be construed to affect the portions of this Resolution not so held to be invalid. It is hereby declared to be the intent of the Board of Commissioners to provide for separable and divisible parts, and it does hereby adopt any and all parts hereof as may not be held invalid for any reason.

-4-

This Resolution is hereby adopted this 12th day of July, 2011, to become effective upon the 12th day of July, 2011, the public health, safety and general welfare demanding it.

5700

COUNTY HOME RULE ORDINANCES
BANKS COUNTY BOARD OF COMMISSIONERS

s/ MILTON DALTON Commission Chairman

s/ DANNY MAXWELL COMMISSIONER

s/ CHARLES TURK COMMISSIONER

s/ ERNEST ROGERS COMMISSIONER

ATTEST:

s/SAMMY REECE COMMISSIONER

s/ Regina Gailey CLERK (SEAL)

CLERK'S CERTIFICATE

BANKS COUNTY, GEORGIA

I, the undersigned Clerk of the Board of Commissioners of Banks County, Georgia, DO HEREBY CERTIFY that the foregoing pages of typewritten matter constitute a true and correct copy of Resolution #2011-09 as approved in the July 12, 2011 meeting of the Banks County Commissioners. The original has been duly recorded in the resolution book of said office, which is in my custody and control.

WITNESS my official hand and the seal of the Board of Commissioners of Banks County this 25th day of October, 2011.

s/ REGINA GAILEY County Clerk (SEAL)

GEORGIA LAWS 2012 SESSION

5701

AFFIDAVIT OF PUBLICATION

I, Mike Buffington, Co-Publisher of The Banks County News, do hereby certify that the copy of the advertisement notice to the Public - Home Rule Provisions for Counties appeared in The Banks County News, Homer, Georgia, on June 22, 29, July 6, 2011.

s/ Mike Buffington Mike Buffington, Co-Publisher
Subscribed and sworn to before me, this 19th day of July, 2011.
s/ Betty B. Small Notary Public [SEAL]
Notice to the Public
The public is hereby notified that the Board of Commissioners of Banks County, Georgia, at its regular meeting on June 14, 2011, at 6:30 p.m. and on July 12, 2011, at 6:30 p.m. will consider the following:
A resolution by the Board of Commissioners of Banks County, Georgia, under the Home Rule Provisions for counties as set forth in Article IX, Section II, Paragraph I of the Constitution of the State of Georgia of 1983, as amended to amend an act of the General Assembly of Georgia entitled "Banks Board of Commissioners" Created, Ga. Laws 1916, P. 349; as amended, so as to further amend said act to designate who signs orders and warrants for the payment of any money out of the county treasury; to repeal conflicting ordinances; to provide for an effective date and for other purposes.
The meetings will take place at the Banks County Court House Annex, 150 Hudson Ridge, Homer, Georgia 30547.
The public is hereby further notified that in order to carry out the provisions of said Resolution, it is necessary for the Board of Commissioners of Banks County, Georgia to adopt a resolution at two consecutive meetings held not less than seven (7) no more than sixty (60) days apart, which resolution specifically states the changes to be made in the original Act, the authority to amend the original act having been granted pursuant to the Home Rule Provisions for Counties of the Constitution of the State of Georgia of 1983, Article IX, Section II, Paragraph I.
The public is further notified that a copy of said proposed resolution has been filed with the Clerk of the Superior Court of Banks County, Georgia, Banks County Courthouse, Homer,

5702

COUNTY HOME RULE ORDINANCES

Georgia, for examination and inspection by the public, and the Clerk of the Superior Court will furnish anyone, upon written request, a copy thereof.
This 22nd day of June, 2011. Banks County Board of Commissioners.

Filed in the Office of the Secretary of State October 31, 2011. __________

FORSYTH COUNTY FORSYTH COUNTY CIVIL SERVICE SYSTEM; APPEALS.

RESOLUTION AND ORDINANCE OF THE BOARD OF COMMISSIONERS OF FORSYTH COUNTY AMENDING THE
LOCAL LAW REGARDING THE FORSYTH COUNTY CIVIL SERVICE SYSTEM

A Resolution and Ordinance to amend the local act creating a civil service system in Forsyth County for employees of Forsyth County; to further clarify the timelines for the disposition of Civil Service appeals; to provide an effective date; and, for other purposes.

WHEREAS, the citizens of Forsyth County adopted on November 2, 1976, an amendment to the Constitution of 1945, Article VII, Section IV, Ga. Laws 1976, pg. 1796 providing for a Civil Service System for Forsyth County; and,

WHEREAS, the General Assembly of Georgia enacted local legislation providing the Forsyth County Civil Service System by Ga. Laws 1978, page 3572, which Act was approved on March 13, 1978 by the Governor; and,

WHEREAS, the Forsyth County Board of Commissioners recently modified the local law applicable to the Forsyth County Civil Service System by Ga. Laws 2012 which Act became effective May 26, 2011; and,

WHEREAS, the Constitution of 1983, in Article IX, Section II, paragraph I(a), provides that the governing authority of the County shall have legislative power to adopt clearly reasonable ordinances, resolutions, or regulations relating to its property, affairs, and local government; and,

WHEREAS, the Constitution of 1983 provides further that the governing authority of a county may, as an incident of its home rule power, amend or repeal local acts applicable to matters within its governing authority [Article IX, Section II, Paragraph I(b)(l)]; and,

GEORGIA LAWS 2012 SESSION

5703

WHEREAS, the Board of Commissioners of Forsyth County is desirous of amending the local acts creating and regulating the Forsyth County Civil Service Board;

NOW THEREFORE BE IT RESOLVED AND ORDAINED by the Board of Commissioners of Forsyth County, Georgia, and it is hereby resolved and ordained by the authority of the same, as follows:

SECTION 1. Section 6 of Ga. Laws 1978, pg. 3572, as amended by Ga. Laws 1988, pg. 5162, Ga. Laws 1988, pg. 3535 and Ga. Laws 2012, effective May 26, 2011, is hereby amended by striking Section 6 in its entirety and inserting in its place a new Section 6 to read as follows:
Section 6. An employee of a covered department or office of the county may be disciplined or dismissed from employment in said department or office for good cause and in accordance with the rules and regulations of the civil service board, as approved by the governing authority as aforesaid. Any such employee who is dismissed or disciplined shall have the right of appeal pursuant to the rules and regulations adopted by the Forsyth County Board of Commissioners applicable to the Forsyth County Civil Service Board. Stated further, those procedures pertaining to the filing of an appeal, appeal deadlines, timelines for when appeals must be heard, continuances, and the timeline for which the Civil Service Board must render its opinion following a hearing shall be in accord with those pertinent rules adopted by the Forsyth County Board of Commissioners. The decision of the Civil Service Board shall be binding upon the governing authority of said county as to whether such dismissal or discipline was for proper cause.
SECTION 2. Repealer Provision. Any resolution, ordinance, rule, regulation or other instruction previously approved by the Board of Commissioner or any other agency of Forsyth County which is inconsistent with the provision of this Ordinance is repealed, revoked and shall be of no further force or effect upon the effective date of this Ordinance; but it is hereby provided that any resolution or law, which may be applicable hereto and aid in carrying out and making effective the intent, purpose and provisions hereof, which shall be liberally construed to be in favor of Forsyth County, is hereby adopted as a part hereof;
SECTION 3. This Ordinance shall become effective immediately upon its having been approved by the Board of Commissioners of Forsyth County at two (2) regular consecutive meetings, which meetings shall not be less than seven (7) nor more than sixty (60) days apart.

5704

COUNTY HOME RULE ORDINANCES

This Resolution and Ordinance, having been considered and adopted by the Board of Commissioners on the 3rd day of November of 2011 and at the next regular consecutive meeting of the Board of Commissioners held 17th day of November of 2011, this Resolution and Ordinance is hereby adopted and is effective this 17th day of November of 2011, the public health, safety and general welfare demanding it.

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

Attest: s/ SONYA BUSH Clerk to the Board

s/ TODD LEVENT Todd Levent, Member

AFFIDAVIT OF PUBUCAT1ON

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 - CHANGE IN LOCAL LAW AS TO FORSYTH COUNTY CIVIL SERVICE BOARD was published 3 time(s) on the dates of OCTOBER 19, 26, NOVEMBER 2, 2011 (Ref. L926).

s/ SEBRENA MOCTEZUMA SEBRENA MOCTEZUMA

GEORGIA LAWS 2012 SESSION
Subscribed and sworn to before me this 9th day of November, 2011.

5705

s/ LORI M. GRENNEN NOTARY PUBLIC (seal)

LOCAL GOVERNMENT

NOTICE TO THE PUBLIC CHANGE IN LOCAL LAW AS TO FORSYTH COUNTY CIVIL SERVICE BOARD

To all Forsyth County citizens: In accord with Article IX, Section 2, Paragraph I of the Georgia Constitution, please be advised that the Board of Commissioners of Forsyth County will vote to modify the enabling legislation of the Forsyth County Civil Service System (Ga. Laws 1978, p. 3572) and all pertinent amendments thereto.

The Board will vote on a Resolution and Ordinance to amend the local act creating a civil service system in Forsyth County for employees of Forsyth County to clarify that the timelines for hearing continuances and disposition of appeals shall be in accord with the local enactments of the Forsyth County Board of Commissioners; to provide an effective date; and, for other purposes.

The Board shall consider this amendment to the Forsyth County Civil Service System enabling legislation at its meetings on November 3, 2011 and November 17, 2011. A copy of the proposed Resolution 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.

Forsyth County Board of Commissioners.

Filed in the Office of the Secretary of State December 14, 2011. __________

HOME RULE ORDINANCES
OF MUNICIPAL CORPORATIONS

GEORGIA LAWS 2012 SESSION CITY OF DILLARD CITY ADMINISTRATION.

5709

AN ORDINANCE ADOPTED PURSUANT TO O.C.G.A. 36-35-3 AMENDING THE CITY CHARTER BY PROVIDING FOR THE POSITION OF CITY ADMINISTRATOR AND FOR OTHER PURPOSES

Whereas, Section 3.01 of the charter of the City of Dillard provides that the mayor and council may by ordinance establish, abolish, or consolidate offices, positions of employment, department and agencies of the City; and,

Whereas, Section 3.02 of the charter of the City of Dillard defines the administrative duties of the mayor; and,

Whereas, it may be appropriate from time to time for the mayor and council to agree that a city administrator should be employed to be responsible for assisting and carrying out the day to day activities of operation of the City of Dillard; and

Whereas, said ordinance was duly adopted on April 12, 2011 and May 10, 2011, as provided by law; and

Whereas, notice has been advertised pursuant to O.C.G.A. 36-35-3(b)(1).

Therefore, it is hereby ordained by the mayor and city council of the City of Dillard as follows:

I. A new section shall be added to the charter of the City of Dillard, the same being designated as Section 3.02(a), which section shall read as follows:

Section 3.02(a). City Administrator.

The mayor and council of the City of Dillard may from time to time determine the need to employ or appoint a city administrator. The duties of the city administrator will be such as may be imposed by ordinance enacted by the City of Dillard and the duties may include assisting the mayor in the performance of the administrative duties as outlined in Section 3.02 of the charter of the City of Dillard. The mayor or any city council member may be eligible for appointment as the city administrator. The salary of the city administrator shall be established by the City of Dillard and the duties of the city administrator shall be established by ordinance.

Section 3.05 of the city charter of the City of Dillard is hereby amended by deleting the current section and adding a new section to read as follows:

5710

MUNICIPAL HOME RULE ORDINANCES

Except as authorized by this charter or and by amendments to this charter no officer or employee of the City other than the mayor and councilmen shall continue in the employment of the City after becoming a candidate for nomination of election to any city office.

II. SHOULD ANY SECTION OR PROVISION OF THIS ORDINANCE BE DECLARED BY A COURT OF COMPETENT JURISDICTION TO BE UNCONSTITUTIONAL OR INVALID SUCH DECLARATION SHALL NOT AFFECT THE VALIDITY OF THE ORDINANCE AS A WHOLE OR ANY PART THEREOF OTHER THAN THE PART SO DECLARED TO BE UNCONSTITUTIONAL OR INVALID. ALL RESOLUTIONS AND ORDINANCES AND PARTS OF RESOLUTIONS AND ORDINANCES IN CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE ARE HEREBY REPEALED.

III. THIS ORDINANCE WILL BECOME EFFECTIVE UPON ADOPTION BY THE MAYOR AND COUNCIL OF THE CITY OF DILLARD AS AUTHORIZED BY O.C.G.A. 36-35-3.

It is so ordained and approved by vote of the City Council of the City of Dillard this 10 day of May, 2011 as the final adoption.

s/ WILLIAM G. ROBINSON Mayor

s/ CARRON GRIST Council Member

s/ CLAUDE E. DILLARD Council Member

s/ JACK ROBERTS Council Member

s/ TERRY WILSON Council Member

s/ GORDON JENKINS Council Member

s/ H. BLAINE PEACOCK Council Member

Attest: s/ GLENDA ENLOE City Clerk

GEORGIA LAWS 2012 SESSION

5711

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 Dillard, Georgia was published in The Clayton Tribune on April 21, 2011, April 28, 2011, and May 5, 2011.

s/ STEPHEN T. MEADOWS Publisher

Sworn to and subscribed before me this 9th day of May, 2011.

s/ DAVID L. HOLT Notary Public [SEAL]

NOTICE OF INTENT BY CITY OF DILLARD TO CONSIDER FOR ADOPTION AN AMENDMENT TO ITS MUNICIPAL CHARTER BY ORDINANCE PURSUANT TO O.C.G.A. 36-35-3(b)(1) TO
PROVIDE FOR THE OFFICE OF CITY ADMINISTRATOR AND FOR OTHER PURPOSES

Please take notice that the City of Dillard will consider for adoption amendments to its municipal charter by ordinance as authorized by O.C.G.A. 36-35-3(b)(1). The first amendment will provide that the City of Dillard may employ a city administrator. The second amendment provides that the mayor or any city council member would be eligible to serve as the city administrator. The amendments provide that the City of Dillard can establish the position to include establishing conditions of employment and provide for compensation.

Copies of the proposed amendments are on file in the office of the clerk of the City of Dillard and in the office of the clerk of Superior Court of Rabun County. Copies of the proposed amendments will be furnished upon request. The amendments to the municipal charter of the City of Dillard will be considered by the mayor and city council for final adoption on the 10th day of May, 2011 at the regular meeting convening at 5:30 P.M.

5712

MUNICIPAL HOME RULE ORDINANCES

This 13th day of April, 2011

/s/ JOHN A. DICKERSON City Attorney

Filed in the Office of the Secretary of State June 7, 2011. __________

CITY OF DALTON WARD BOUNDARIES.

ORDINANCE 11-05

To Amend The Charter Of The City Of Dalton, Georgia, First Approved February 24, 1874 (1874 Georgia Laws, p. 181) By Amending Article III Captioned "Elections" By Striking, Deleting, And Repealing Section 3-2 Captioned "Division Of City Into Wards." And Substituting In Lieu Thereof A New Section 3-2 Captioned "Division of City into Wards"; To Provide For Severability; To Provide For An Effective Date; To Repeal Conflicting Ordinances; And For Other Purposes

BE IT ORDAINED by the Mayor and Council of the City of Dalton and by authority of the same, IT IS HEREBY ORDAINED as follows:

Section 1. Amend the Charter of the City of Dalton, Georgia by striking, deleting, and repealing Section 3-2 captioned "Division of City into Wards." and substituting in lieu thereof a new Section 3-2 captioned "Division of City into Wards" which shall read as follows:

Sec. 3-9. Division of city into wards.

The city shall be divided into four (4) wards. Each ward shall be entitled to one (1) alderman who shall be elected as provided in this charter. The area of each ward on the effective date of the adoption of this section shall be as described below. The areas for the various wards are as follows:

Ward 1:

Ward 1 is comprised of all of that area within the corporate city limits located within the following boundaries: Commencing at the intersection of the center line of N. Glenwood Avenue with the center line of Matilda Street; thence westerly along the center line of Matilda Street to the center line of Jeans Street thence southerly along the center line of Jeans Street to its intersection with the center line of West Tyler Street; thence westerly along the center line of West Tyler Street to its intersection with the center line of West

GEORGIA LAWS 2012 SESSION

5713

Boundary Street; thence northerly along the center line of West Boundary Street to its intersection with the center line of Cascade Drive; thence westerly along the center line of Cascade Drive to its intersection with the center line West Waugh Street; thence westerly along the center line of West Waugh Street to its intersection with the center line Shugart Road; thence southerly along the center line of Shugart Road to its intersection with the center line North Tibbs Road; thence northwesterly along the center line of North Tibbs Road to a point where it intersects with the city corporate limits; thence northerly following the city corporate limits to its intersection with the northern most intersection of the city corporate limits and the western right-of-way of Interstate 75; thence easterly following the city corporate limits to its intersection with the eastern right-of-way of Interstate 75; thence southerly along the eastern right-of-way of Interstate 75 to a point over the northern right-of-way of Willowdale Drive; thence easterly along the northern right-of-way of Willowdale Drive to its intersection with the eastern right-of-way of Crow Valley Road; thence commencing northerly following the city corporate limits to its northernmost intersection with the Cleveland Highway; thence westerly along the city corporate limits to the western right-of-way of the Southern Railway line; thence southerly along the western right-of-way of the Southern Railway line to the center line of Connector 52; thence easterly along the center line of Connector 52 to its intersection with the center line of North Glenwood Avenue; thence southerly along the center line of North Glenwood Avenue to the point of beginning.

Ward 2:

Ward 2 is comprised of all of that area within the corporate city limits located within the following boundaries: Commencing at the intersection of the center line of Interstate 75 and North Tibbs Road; thence southeasterly along the center line of North Tibbs Road to its intersection with Shugart Road; thence northerly along the center line of Shugart Road to its intersection with West Waugh Street; thence easterly along the center line of West Waugh Street to its intersection with Cascade Drive; thence northeasterly along the center line of Cascade Drive to its intersection with West Boundary Street; thence southerly along the center line of West Boundary Street to its intersection with West Tyler Street; thence easterly along the center line of West Tyler Street to its intersection with the center line of Jeans Street; thence northerly along the center line of Jeans Street to its intersection with the center line of Matilda Street; thence easterly along the center line of Matilda Street to its intersection with the center line of Glenwood Avenue; thence northerly along the center line of Glenwood Avenue to its intersection with the northern right-of-way of Connector 52; thence easterly along the northern right-of-way of Connector 52 to its intersection with the center line of Flemmings Street; thence northerly along the center line of Flemmings Street to its northernmost intersection with the city corporate limits; thence following the city corporate limits northerly and easterly and then southerly and westerly to its intersection with Underwood Street; thence westerly along the center line of

5714

MUNICIPAL HOME RULE ORDINANCES

Underwood Street to its intersection with the center line of Spencer Street; thence southerly along the center line of Spencer Street to its intersection with Martin Luther King, Jr. Boulevard; thence westerly along the center line of Martin Luther King, Jr. Boulevard to its convergence with West Waugh Street; thence continuing westerly along the center line of West Waugh Street to its intersection with High Street; thence southerly along the center line of High Street to its convergence with North Boundary Street; thence southerly along the center line of North Boundary Street to its intersection with School Street; thence southerly along the center line of an abandoned portion of North Boundary Street to its intersection with Vernon Avenue; thence southerly along the center line of North Boundary Street to its intersection with West Crawford Street; thence westerly along the center line of West Crawford Street to its intersection with Davidson Drive; thence northerly along the center line of Davidson Drive to its intersection with Tech Drive; thence westerly along the center line of Tech Drive to its intersection with Castle Road; thence southerly along the center line of Castle Road to its intersection with West Emery Street; thence westerly along the center line of West Emery Street to its intersection with Rainsong Road; thence northerly along the center line of Rainsong Road to its intersection with Daffodil Drive; thence westerly along the center line of Daffodil Drive to its intersection with Tibbs Road; thence northerly along the center line of Tibbs Road to its intersection with Green Bush Place; thence westerly along the center line of Green Bush Place to us intersection with McClellan Creek; thence southerly along McClellan Creek to its intersection with a branch of McClellan Creek located between Wood Valley Drive and Huntington Road; thence westerly along the branch of McClellan Creek to its intersection with the center line of Interstate 75; thence northerly along the center line of Interstate 75 to the point of beginning.

Ward 3:

Ward 3 is comprised of all of that area within the corporate city limits located within the following boundaries: Commencing at a point on the center line of Underwood Street that is adjacent to the intersection of the southern right-of-way of Underwood Street with the easternmost property line of the City of Dalton Housing Authority; thence westerly along the center line of Underwood Street to its intersection with the center line of Spencer Street; thence southerly along the center line of Spencer Street to its intersection with Martin Luther King, Jr. Boulevard; thence westerly along the center line of Martin Luther King, Jr. Boulevard to its convergence with West Waugh Street; thence continuing westerly along the center line of West Waugh Street to its intersection with High Street; thence southerly along the center line of High Street to its convergence with North Boundary Street; thence southerly along the center line of North Boundary Street to its intersection with School Street; thence southerly along the center line of an abandoned portion of North Boundary Street to its intersection with Vernon Avenue; thence southerly along the center line of North Boundary Street to its intersection with West Crawford

GEORGIA LAWS 2012 SESSION

5715

Street; thence westerly along the center line of West Crawford Street to its intersection with Davidson Drive; thence northerly along the center line of Davidson Drive to its intersection with Tech Drive; thence westerly along the center line of Tech Drive to its intersection with Castle Road; thence southerly along the center line of Castle Road to its intersection with the center line of West Emery Street; thence easterly along the center line of West Emery Street to its intersection with the western right-of-way of the L&N Railway; thence southerly along the western right-of-way of the L&N Railway to its intersection with the center line of West Walnut Avenue; thence westerly along the center line of West Walnut Avenue to its intersection with the center line of 11th Avenue; thence northerly along the center line of 11th Avenue to its intersection with the city corporate limits; thence northerly along the eastern boundary of the corporate city limits to the point of beginning.

Ward 4:

Ward 4 is comprised of all of that area within the corporate city limits located within the following boundaries:

Tract 1 - All properly within the corporate city limits that is south of a line that begins at the intersection of Walnut Avenue and Murray Avenue; thence westerly along the center line of Murray Avenue to its intersection with the center line of 11th Avenue; thence southerly along the center line of 11th Avenue to its intersection with the center line of West Walnut Avenue; thence westerly along the center line of West Walnut Avenue to its intersection with the western right-of-way of the L&N Railway; thence northerly along the western right-of-way of the L&N Railway to its intersection with the center line of West Emery Street; thence westerly along the center line of West Emery Street to its intersection with the center line of with the center line of Rainsong Road; thence northerly along the center line of Rainsong Road to its intersection with Daffodil Drive; thence westerly along the center line of Daffodil Drive to its intersection with Tibbs Road; thence northerly along the center line of Tibbs Road to its intersection with Green Bush Place; thence westerly along the center line of Green Bush Place to its intersection with McClellan Creek; thence southerly along McClellan Creek to its intersection with a branch of McClellan Creek located between Wood Valley Drive and Huntington Road; thence westerly along the branch of McClellan Creek to its intersection with the center line of Interstate 75.

Tract 2 - Beginning at the intersection of the center line of Interstate 75 and Dug Gap Battle Road; thence westerly following the corporate city limits until the corporate city limits intersect with interstate 75; thence southerly along the center line of Interstate 75 to the point of beginning.

Tract 3 - Commencing at the intersection of Parker Road, S.E. and Melody Lane; thence northerly along the center line of Parker Road, S.E. to its intersection with the corporate

5716

MUNICIPAL HOME RULE ORDINANCES

city limits; thence easterly along the corporate city limits, following the corporate city limits until the city limits intersect with Airport Road; thence following the city limits northwesterly until the corporate limits intersect Melody Lane; thence westerly along the center line of Melody Lane to the point of beginning.

Section 2.

This Ordinance shall be effective after adoption upon the filing of a copy of this ordinance, a copy of the required notice of publication, and an affidavit of a duly authorized representative of the newspaper in which the notice was published with the Secretary of State of Georgia, the office of the Clerk of the Superior Court of Whitfield County, Georgia, and the office of the Clerk of the City of Dalton, Georgia. This Ordinance is subject to preclearance from the United States Department of Justice.

Section 3.

It is hereby declared to be the intention of the Mayor and City Council of the City of Dalton that the section, paragraphs, sentences, clauses and phrases of this Ordinance are severable and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional or otherwise invalid by a court of competent jurisdiction such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance.

Section 4.

All ordinances or parts of ordinances in conflict herewith are hereby repealed.

SO ORDAINED this 6th day of June, 2011.

The foregoing Ordinance received its first reading on 5-16-2011 and a second reading on 6-6-2011. Upon second reading a motion for passage of the ordinance was made by Alderwoman Woods, second by Alderman Sadesck and upon the question the vote is 4 ayes, 0 nays and the Ordinance is adopted.

ATTEST: s/ BERNADETTE CHATTAM CITY CLERK

s/ DAVID PENNINGTON MAYOR

GEORGIA LAWS 2012 SESSION CERTIFICATION

5717

I certify that the above is a true and correct copy of the Resolution duly adopted by the City of Dalton on the date stated in the Resolution.

I further certify that I am the Clerk of the City of Dalton and that said Resolution has been entered in the official records of the City of Dalton and remains in full force and effect this 6th day of June, 2011.

s/ BERNADETTE CHATTAM Bernadette Chattam, City Clerk

Federal Employer's Identification # 58-6000557

AFFIDAVIT OF PUBLICATION

I, William Bronson, do solemnly swear that I am the Publisher of The Daily Citizen News, printed and published in Dalton, Whitfield County, Georgia and that from my own personal knowledge and reference to the files of said publication the attached advertisement of the Notice of Proposed Amendment to the City Charter of the City of Dalton, Georgia was inserted into the regular edition of said publication on May 13, May 20, and May 27, 2011.

This 7th day of June, 2011.

s/ WILLIAM H. BRONSON Affiant

Sworn to and subscribed before me, this 7 day of June, 2011.

s/ LISA ADAMS Notary Public

Notice of Proposed Amendment to the City Charter of the City of Dalton, Georgia

The City of Dalton, Georgia proposes to amend its Charter to amend Article III captioned "Elections" by striking, deleting, and repealing Section 3-2 and substituting a new Section 3-2 to reapportion the election wards from which aldermen are elected following publication of the United States Decennial Census of 2010. A copy of the proposed home rule ordinance is on file in the office of the City Clerk of the City of Dalton, Georgia and in

5718

MUNICIPAL HOME RULE ORDINANCES

the office of the Clerk of the Whitfield County Superior Court, a copy of the proposed home rule ordinance shall be furnished for examination and inspection.

s/ BERNADETTE CHATTAM City Clerk

Filed in the Office of the Secretary of State June 16, 2011. __________

CITY OF NELSON APPOINTMENT OF COMMITTEES; SUPERVISION OF EMPLOYEES.

AN ORDINANCE BY THE CITY OF NELSON, GEORGIA

AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF NELSON, GEORGIA, TO PROVIDE THAT COMMITTEES, COMMITTEE CHAIRMEN, AND OFFICERS SHALL BE APPOINTED BY THE CITY COUNCIL, AND TO TRANSFER POWERS TO APPOINT, REMOVE, AND SUPERVISE CITY EMPLOYEES FROM THE MAYOR TO CITY COUNCIL.

WHEREAS, the Council of the City of Nelson is empowered to adopt clearly reasonable ordinances, resolutions, or regulations relating to its property, affairs, and local government pursuant to O.C.G.A. 36-35-3; and

WHEREAS, the City Council wishes to amend its charter to provide that committees, committee chairmen, and officers shall be appointed by the Council, and to transfer powers to appoint, remove, and supervise city employees from the Mayor to the City Council;

NOW THEREFORE, the Council of the City of Nelson hereby ordains that the Charter of the City of Nelson be amended as follows:

I. Section 3.22 of the Charter is hereby deleted in its entirety and replaced by the following:
"As the chief executive of this city, the mayor shall: (1) See that all laws and ordinances of the city are faithfully executed; (2) Prepare and submit to the council a recommended annual operating budget and
recommended capital budget; (3) Submit to the 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; (4) Call special meetings of the city council as provided for in Section 3.13;

GEORGIA LAWS 2012 SESSION

5719

(5) 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;
(6) Recommend to the city council such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as he may deem expedient;
(7) Require any department or agency of the city to submit written reports whenever he deems it expedient;
(8) 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
(9) Perform such other duties as may be required by general state law, this charter, or ordinance."

II. The following is hereby added to the Charter as Section 3.23:

"Section 3.23. Powers and duties of city council regarding employees.

In addition to powers and duties as otherwise set forth in this Charter or required by law, the city council shall:
(1) Appoint and remove all officers, department heads, and employees of the city; and (2) Exercise supervision over all executive and administrative work of city employees and provide for the coordination of administrative activities by said employees."

III. Section 4.10 of the Charter is hereby amended as follows:

A. Subparagraph (d) is hereby amended by replacing the term "mayor" with the term "city council".

B. Subparagraph (e) is hereby deleted in its entirety.

This Ordinance is hereby adopted this 16th day of August, 2010, the public health, safety and general welfare demanding it.

Attest:

s/ JOHNNY HOPKINS Mayor - pro tem City of Nelson

s/ BRANDY EDWARDS CITY CLERK

5720

MUNICIPAL HOME RULE ORDINANCES PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA - County of Cherokee 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 Cherokee Tribune, 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 30 day(s) of July 2010, and on the 6, 13 day(s) of August 2010, as provided by law.

s/ OTIS BRUMBY

Subscribed and sworn to before me this 10 day of December, 2010

s/ SARAH MILLER Notary Public

My commission expires __________ 20____

NOTICE OF PROPOSED CHARTER AMENDMENT CITY OF NELSON

Please be advised that an amendment to the Charter of the City of Nelson has been proposed, pursuant to O.C.G.A. 36-35-3, to provide that committees, committee chairman and officers shall be appointed by the city council and to transfer powers to appoint, remove, and supervise city employees from the mayor to city council. The proposed amendment shall take effect upon its adoption at two consecutive city council meetings as provided by state law. A copy of the proposed amendment is on file in the office of the clerk of the City of Nelson and in the offices of the Clerk of Superior Court of Pickens County and the Clerk of Superior Court of Cherokee County for the purpose of examination and inspection by the public.

AFFIDAVIT OF PUBLICATION

STATE OF GEORGIA COUNTY OF PICKENS

Shawna Isaac, of said State and County, being first duly sworn, deposes and says:

That she is the Director of Legal Advertising Department of the Pickens County Progress, a newspaper of general circulation, printed and published in Jasper, County of Pickens,

GEORGIA LAWS 2012 SESSION

5721

Georgia and has been such during the time hereinafter mentioned, and that the advertisement headed Legal Notices, a printed copy of which is attached hereto, was printed and published in 3 issues in said newspaper on: July 29, 2010; August 5, 2010; & August 12, 2010

s/ SHAWNA ISAAC Affiant

Sworn to and subscribed before me this 18 day of January, 2011.

s/ SHERI CROW Notary Public [SEAL]

NOTICE OF PROPOSED CHARTER AMENDMENT CITY OF NELSON

Please be advised that an amendment to the Charter of the City of Nelson has been proposed, pursuant to O.C.G.A. 36-35-3, to provide that committees, committee chairman and officers shall be appointed by the city council and to transfer powers to appoint, remove and supervise city employees from the mayor to city council. The proposed amendment shall take effect upon its adoption at two consecutive city council meetings as provided by state law. A copy of the proposed amendment is on file in the office of the clerk of the City of Nelson and in the offices of the Clerk of Superior Court of Pickens County and the clerk of Superior Court of Cherokee County for the purpose of examination and inspection by the public.

Filed in the office of the Secretary of State June 21, 2011. __________

CITY OF COVINGTON CITY MANAGER; QUALIFICATIONS.

AN ORDINANCE TO AMEND SECTION 30 OF THE CHARTER OF THE CITY OF COVINGTON, SO AS TO CHANGE THE CITY MANAGER RESIDENCY REQUIREMENT; TO REPEAL ALL OTHER ACTS AND ORDINANCES IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES.

WHEREAS, the City of Covington, Georgia, a municipal corporation of the State of Georgia (the "City"), operates pursuant to the Constitution and laws of the State of Georgia and its Charter, approved January 30, 1962, (Ga. L. 1962, p. 2003), as amended; and

5722

MUNICIPAL HOME RULE ORDINANCES

WHEREAS, the City has now determined that it is necessary to make certain amendments to its Charter pursuant to its home rule powers granted under the provisions of Article IX, Section II, Paragraph II of the Constitution of the State of Georgia and O.C.G.A. Section 36-35-1 through 36-35-7;

NOW, THEREFORE, BE IT ORDAINED by the Mayor and council of the City of Covington in council duly assembled and IT IS HEREBY ORDAINED, by the authority of the same, as follows:

Section 1. The Charter of the City of Covington, Georgia, which was established by an Act creating a new Charter for the City of Covington, Georgia, approved on January 30, 1962, (Ga. L. 1962, p. 2003), as amended, is hereby amended by deleting Section 30, City Manager, thereof and substituting in lieu thereof the following paragraph, to wit:

"Sec. 30. City Manager. The city council after the passage of this Act shall select and appoint a city manager
whose salary shall be fixed by council and whose term of office shall be indefinite and whose duties, powers and qualifications shall be as hereafter provided. The mayor and members of city council shall be ineligible for the office of city manager for the period of two years from the time of the expiration of their term of office, nor shall they be eligible for employment in any capacity by the city within such period.
It shall be the duty of the city manager to execute and administer the policies of the city government fixed by the mayor and council and the city manager shall be vested with sole authority over all administrative matters of the city, and he shall be accountable only to the city council. The city manager first appointed under the provisions of this Act and all persons subsequently appointed to such offices shall be selected by the council on the basis of ability, experience, training, and character, with special reference to his actual experience in, or his knowledge of acknowledged practice in respect to the duties of his office. During his tenure of office he shall devote his entire time to the duties of his office and shall not engage in any other business or profession."

Section 2. All portions of the Charter or amendments thereto or all ordinances in conflict herewith shall be and the same are hereby repealed.

Section 3. If any part of this ordinance shall be declared void, is it the intent and the purpose hereof that all other provisions not so declared void shall remain in full force and effect.

Section 4. The City Clerk is hereby authorized and directed to cause a notice, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference, to be published in The Covington News, the official newspaper in which Sheriff's advertisements are

GEORGIA LAWS 2012 SESSION

5723

published in Newton County, in which the city is located, once a week for three weeks within a period of sixty days immediately preceding the day of the final adoption of this ordinance. The City Clerk is also hereby authorized and directed to cause the publisher of The Covington News to execute an affidavit of such publication.

ENACTED AND ADOPTED this 16th day of May, 2011.

By: s/ KIMBERLY C. CARTER KIMBERLY C. CARTER, Mayor

Attest: s/ TONYA R. GRIER TONYA R. Grier, City Clerk

(CITY SEAL)

EXHIBIT A

NOTICE OF INTENTION TO AMEND CHARTER OF THE CITY OF COVINGTON, GEORGIA
BY ORDINANCE PURSUANT TO THE PROVISIONS OF THAT ACT OF THE GENERAL ASSEMBLY KNOWN AS
"THE MUNICIPAL HOME RULE ACT OF 1965"

CITY OF COVINGTON, GEORGIA NEWTON COUNTY

Notice is hereby given that an ordinance was introduced on May 16, 2011 and will be read for final adoption on June 6, 2011, to amend the Charter of the City of Covington, Georgia, which was created by an act amended on January 30, 1962, (Ga. L. 1962, p. 2003), as amended, so as to remove the residency requirement of the City Manager.
A copy of this proposed amendment is on file in the office of the Clerk of the City of Covington, 2194 Emory Street, N.W., Covington, Georgia, and is on file in the office of the Clerk of the Superior Court of Newton County, 1132 Usher Street, N.W., Covington, Georgia, for the purpose of examination and inspection by the public, all as required by law.

This 17th day of May, 2011.

s/ TONYA R. GRIER TONYA R. GRIER, City Clerk

5724

MUNICIPAL HOME RULE ORDINANCES
CERTIFICATE OF INCUMBENCY CERTIFIED COPY OF AN ORDINANCE

STATE OF GEORGIA COUNTY OF NEWTON

This is to certify that I, Tonya R. Grier, am City Clerk of the Mayor and Council of the City of Covington, Georgia, and as such, keep its official records, including its minutes, and in that capacity do hereby certify that the attached material is a true and correct copy of an ordinance adopted in the official minutes of a duly set regular meeting of June 6, 2011. The Ordinance set out in the minutes remains of full force and effect, without modification or repeal. The incumbent officers authorized to execute the instruments referred to are Kimberly C. Carter, Mayor, Tonya R. Grier, City Clerk, each now being in office and fully empowered to act. Witness my official signature and seal this 21st day of June, 2011.

s/ TONYA R. GRIER Tonya R. Grier, City Clerk

(SEAL)

AFFIDAVIT OF PUBLICATION STATE OF GEORGIA NEWTON COUNTY

Personally appeared before the undersigned officer: T. Pat Cavanaugh
Who says under oath that he is the General Manager of The Covington News, a newspaper having a general circulation and whose principal office is in said Newton County, and that the legal advertisement. RE: NOTICE OF INTENTION TO AMEND CHARTER OF THE CITY OF COVINGTON, GEORGIA BY ORDINANCE PURSUANT TO THE PROVISIONS OF THAT ACT OF THE GENERAL ASSEMBLY KNOWN AS "THE MUNICIPAL HOME RULE ACT OF 1965"; Run Dates: 5/20, 27, 6/3, 2011.

s/ T. PAT CAVANAUGH

Sworn to and subscribed before me the 3rd day of June 2011.

s/ TONYA BROWNLEE Tonya Brownlee Notary Public

GEORGIA LAWS 2012 SESSION
My Commission Expires: October 4, 2011 (Notary Seal)

5725

NOTICE OF INTENTION TO AMEND CHARTER OF THE CITY OF COVINGTON, GEORGIA BY ORDINANCE PURSUANT TO THE PROVISIONS OF THAT ACT OF THE GENERAL ASSEMBLY KNOWN AS THE MUNICIPAL HOME RULE ACT OF 1965"

CITY OF COVINGTON, GEORGIA NEWTON COUNTY

Notice is hereby given that an ordinance was introduced on May 16, 2011 and will be read for final adoption on June 6, 2011, to amend the Charter of the City of Covington, Georgia, which was created by an act amended on January 30, 1962, (Ga. L. 1962, p. 2003), as amended, so as to change the residency requirement of the City Manager.

A copy of this proposed amendment is on file in the office of the Clerk of the City of Covington, 2194 Emory Street, N.W., Covington, Georgia, and is on file in the office of the Superior Court of Newton County, 1132 Usher Street, N.W., Covington, Georgia, for the purpose of examination and inspection by the public, all as required by law.

This ____ day of May, 2011.

TONYA R. GRIER, City Clerk Public Notice # 39620

Filed in the Office of the Secretary of State June 27, 2011. __________

CITY OF ATLANTA PENSION FUNDS; AUDIT.

AN ORDINANCE AND CHARTER AMENDMENT

11-O-0944

BY: COUNCILMEMBERS YOLANDA ADREAN, FELICIA A. MOORE, H. LAMAR WILLIS, KEISHA LANCE BOTTOMS, IVORY LEE YOUNG, JR., HOWARD SHOOK, C.T. MARTIN, JOYCE SHEPERD, AARON WATSON, ALEX WAN AND MICHEAL JULIAN BOND

5726

MUNICIPAL HOME RULE ORDINANCES

AS SUBSTITUTED BY: FULL COUNCIL 06/20/2011

AN ORDINANCE 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 VI (REVENUE AND FUND ADMINISTRATION), CHAPTER 3 (FISCAL CONTROL), TO CREATE NEW SECTIONS 6-313 AND 6-314 SO AS TO REQUIRE THAT AN ACTUARIAL AUDIT AND EXPERIENCE STUDY BE CONDUCTED FOR THE CITY OF ATLANTA'S GENERAL EMPLOYEE PENSION FUND, FIREFIGHTER PENSION FUND AND POLICE PENSION FUND; AND FOR OTHER PURPOSES.

WHEREAS, an actuarial audit focuses exclusively on the liability estimate and contribution requirement of a pension fund, verifies the accuracy of a plan's actuarial liability amount, and reviews audit participant data and reconciliations; and

WHEREAS, an experience study is commonly conducted to measure pension plan liabilities by comparing actual plan experience for the designated study period with that predicted by the current assumptions used in the actuarial valuation process. The study measures experience for all economic and non-economic assumptions used in the annual actuarial valuation, including rate of investment return, inflation, and mortality, makes recommendations for changes where appropriate, and determines the impact of the recommended changes on a plan's Other Post-Employment Benefits (OPEB) funding; and

WHEREAS, the Actuarial Standards Board and the Government Accounting Standards Board ("GASB") each recommend that an actuarial audit and an experience study be conducted on a regular basis for municipal pension plans; and

WHEREAS, in the past several years, the City of Atlanta (the "City") has not itself nor on its behalf conducted actuarial audits or experience studies of the City's three pension finds; and

WHEREAS, based on recommendations of the Actuarial Standards of Practice and GASB and a review of the City's current audit process, it is in the best interest of the City to conduct actuarial audits and experience studies of each of the City's three pension funds on a regular basis.

NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ATLANTA, GEORGIA AS FOLLOWS:

GEORGIA LAWS 2012 SESSION

5727

SECTION 1: That Article VI (Revenue and Fund Administration), Chapter 3 (Fiscal Control), of the Atlanta Charter, be amended by adding a new section 6-313 to read as follows:

Sec. 6-313. Pension Actuarial Audit

That every five years or at such regular intervals as determined by City Council, an independent licensed actuary be engaged by the City of Atlanta Audit Committee to conduct an actuarial audit of the City's General Employee Pension Fund, Firefighter Pension Fund, and Police Pension Fund with the costs of such audits to be paid by the corresponding pension fund. Upon completion of each such audit, the findings are to be presented to the Finance/Executive Committee of City Council for review.

SECTION 2: That Article VI (Revenue and Fund Administration), Chapter 3 (Fiscal Control), of the Atlanta Charter, be amended by adding a new section 6-314 to read as follows:

Sec. 6-314. Pension Experience Study

That every five years or at such regular intervals as determined by City Council, a licensed actuary be engaged by the City of Atlanta Audit Committee to conduct an actuarial experience review of the City's General Employee Pension Fund, Firefighter Pension Fund, and Police Pension Fund with the costs of such study to be paid by the corresponding pension fund. Upon completion of each such study, the findings are to be presented to the Finance/Executive Committee of City Council for review. Immediately after the presentation of findings, the Finance/Executive Committee of City Council shall perform an analysis of the goals and structure of the City's entire retirement plan.

SECTION 3: That funding for the Audit be derived from the General Fund, Aviation Enterprise Fund and Watershed Management Enterprise Fund proportionately.

SECTION 4: That all ordinances and parts of ordinances in conflict herewith are hereby waived to the extent of the conflict.

ADOPTED by the Atlanta City Council

July18, 2011

RETURNED WITHOUT SIGNATURE OF THE MAYOR

APPROVED as per City Charter Section 2-403 July 27, 2011

A true copy, s/ FERIS WEBB III Deputy Clerk

5728

MUNICIPAL HOME RULE ORDINANCES Exhibit "A"

NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA

Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. Laws, 1996, p. 4469, et seq.) approved April 15, 1996, as amended, said Ordinance being captioned as follows:

AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF ATLANTA, GEORGIA, 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 VI (REVENUE AND FUND ADMINISTRATION), CHAPTER 3 (FISCAL CONTROL), TO CREATE NEW SECTIONS 6-313 AND 6-314 SO AS TO REQUIRE THAT AN ACTUARIAL AUDIT AND EXPERIENCE STUDY BE CONDUCTED FOR THE CITY OF ATLANTA'S GENERAL EMPLOYEE PENSION FUND, FIREFIGHTER PENSION FUND AND POLICE PENSION FUND; AND FOR OTHER PURPOSES.

A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the Offices of the clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public.

This _____ day of_____________ , 2011.

_____________________ Rhonda Dauphin Johnson Municipal Clerk City of Atlanta

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF DEKALB

Personally appeared before me, the undersigned, a Notary Public within and for said county and state, Carolyn J. Glenn, Publisher of The Champion Newspaper, published at Decatur, County of DeKalb, State of Georgia, and being the official organ for the publication of legal

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5729

advertisements for said county, who being duly sworn, states on oath that the report of PUBLIC NOTICES, ORDINANCE (11-O-0944) was published in said newspaper on the following date(s):

06/23/11, 06/30/11, 07/07/11

s/ CAROLYN JERNIGAN GLENN CAROLYN J. GLENN, PUBLISHER

Sworn to and subscribed before me this 07/07/11.

s/ JACQUELINE BRYANT Notary Public My commission expires September 22, 2014 (SEAL)

PUBLIC NOTICE NOTICE OF PROPOSED
AMENDMENT TO THE CHARTER OF THE CITY
OF ATLANTA

Notice is hereby given that an Ordinance (11-O-0944) has been introduced to amend the Charter of the City of Atlanta (Ga. Laws, 1996, p. 4469, et seq.) approved April 15, 1996, as amended, said Ordinance being captioned as follows:
An Ordinance to amend the Charter of the City of Atlanta, Georgia, 1996 Ga. Laws P. 4469, et seq., 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 VI (Revenue and Fund Administration), Chapter 3 (Fiscal Control), to create new Sections 6-313 and 6-314 so as to require that an Actuarial Audit and Experience Study be conducted for The City of Atlanta's General Employee Pension Fund, Firefighter Pension Fund and Police Pension Fund; and for other purposes.
A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the Offices of the clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public.
Given Under My Hand And Seal Of This Office On This 16th day of June, 2011. Rhonda Dauphin Johnson Municipal Clerk

5730

MUNICIPAL HOME RULE ORDINANCES PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF FULTON

Re: ad# 1715750/Ordinance 11-O-0944

Before me, the undersigned a Notary Public, this day personally came Shay Holt who, being duly sworn, according to law, says she is an agent for 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 true copy, was published in said newspaper as provided by law on the following dates: 6/23/11, 6/30/11 & 7/7/11

s/ SHAY HOLT Agent of the Daily Report.

Sworn to and subscribed before me this 29th day of July, 2011.

s/ K. MOSLEY Notary Public (SEAL)

PUBLIC NOTICE NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA

Notice is hereby given that an Ordinance (11-O-0944) has been introduced to amend the Charter of the City of Atlanta (Ga. Laws, 1996, p. 4469, et seq.) approved April 15, 1996, as amended, said Ordinance being captioned as follows: AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF ATLANTA, GEORGIA, 1996 GA LAWS P. 4469, ET SEQ., 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 VI (REVENUE AND FUND ADMINISTRATION), CHAPTER 3 (FISCAL CONTROL), TO CREATE NEW SECTIONS 6-313 AND 6-314 SO AS TO REQUIRE THAT AN ACTUARIAL AUDIT AND EXPERIENCE STUDY BE CONDUCTED FOR THE CITY OF ATLANTA'S GENERAL EMPLOYEE PENSION FUND, FIREFIGHTER PENSION FUND AND POLICE PENSION FUND; AND FOR OTHER PURPOSES.

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A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the Offices of the clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public.
GIVEN UNDER MY HAND AND SEAL OF THIS OFFICE ON THIS 16th day of June, 2011. Rhonda Dauphin Johnson Municipal Clerk

PUBLISHER'S AFFIDAVIT

ROSHALL ANDERSON 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 and made part of this affidavit appeared in The Atlanta Journal-Constitution on the following date(s): JUNE 23,2011; JUNE 30,2011; JULY 7, 2011

s/ ROSHALL ANDERSON (ACCOUNT EXECUTIVE SIGNATURE)
SWORN TO AND SUBSCRIBED BEFORE ME, THIS 7th DAY OF JULY, 2011.
s/ LYNSUE CHUKURA (NOTARY SIGNATURE) (SEAL)
PUBLIC NOTICE
NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA Notice is hereby given that an Ordinance (11-O-0944) has been introduced to amend the Charter of the City of Atlanta (Ga. Laws, 1996, p. 4469, et seq.) approved April 15, 1996, as amended, said Ordinance being captioned as follows:
AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF ATLANTA, GEORGIA, 1996 GA LAWS P. 4469, ET SEQ., 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

5732

MUNICIPAL HOME RULE ORDINANCES

AND RELATED LAWS), SUBPART A (CHARTER), ARTICLE VI (REVENUE AND FUND ADMINISTRATION), CHAPTER 3 (FISCAL CONTROL), TO CREATE NEW SECTIONS 6-313 AND 6-314 SO AS TO REQUIRE THAT AN ACTUARIAL AUDIT AND EXPERIENCE STUDY BE CONDUCTED FOR THE CITY OF ATLANTA'S GENERAL EMPLOYEE PENSION FUND, FIREFIGHTER PENSION FUND AND POLICE PENSION FUND; AND FOR OTHER PURPOSES.

A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the Offices of the clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public.

GIVEN UNDER MY HAND AND SEAL OF THIS OFFICE ON THIS 16th day of June, 2011.

Rhonda Dauphin Johnson Municipal Clerk

Filed in the Office of the Secretary of State August 1, 2011. __________

CITY OF ATLANTA PENSION PLANS; POWER TO MODIFY.

CITY COUNCIL ATLANTA, GEORGIA
AN ORDINANCE AND CHARTER AMENDMENT

11-O-0673

BY COUNCILMEMBERS HOWARD SHOOK, IVORY LEE YOUNG, JR., AND H. IAMAR WILLIS

AS SUBSTITUTED AND AMENDED BY THE FINANCE 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.e.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),

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SECTION 3-507 (MODIFICATION OF PENSION PLANS), SO AS TO MODIFY LANGUAGE THAT IMPROPERLY DELEGATES LEGISLATIVE AUTHORITY; 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") allows for the modification of pensions for officials and employees of cities having a population of 300,000 (hereinafter the "pension plans") as provided in Georgia Law by proscribing certain rules and procedures; and

WHEREAS, the authority to modify the pension plans is thusly given to the Atlanta City Council as part of its duties and responsibilities as the legislative body of the City of Atlanta; and

WHEREAS, the boards of trustees of the pension plans have, through legal action, declared and established their independence from the City of Atlanta; and

WHEREAS, currently, Section 3-507(2)(b) improperly delegates the legislative authority of the Atlanta City Council to modify the pension plans by requiring a written recommendation of the board of trustees of each affected plan prior to a vote by the City Council: and

WHEREAS, it is the desire of the City of Atlanta to amend Sections 3-507(2)(b) to discontinue this improper delegation of legislative authority.

NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ATLANTA, GEORGIA AS FOLLOWS:

SECTION 1: That Part I, Subpart A, Article III, Chapter 5, Section 3-507 of the Charter of the City of Atlanta, Georgia, Georgia, 1996 Ga. Laws P. 4469, et seq., which currently reads:

Sec. 3-507. - Modification of pension plans.

(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's analysis of the funding requirements relating to any such modification and the opinion of such actuary as to the propriety of any such

5734

MUNICIPAL HOME RULE ORDINANCES
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 (2)(a), hereinabove, and the recommendation of the board of trustees of the respective pension fund affected by such modification as set forth in (2)(b), 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;

be amended to make the following deletions and insertions, such that Part I, Subpart A, Article III, Chapter 5, Section 3-507 of the Charter of the City of Atlanta, Georgia, Georgia, 1996 Ga. Laws P. 4469, et seq., shall read as follows:

Sec. 3-507. - Modification of pension plans.

(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 couccil and duly approved by the mayor;

(2) Any such ordinance shall be considered for final action by the council only after reeeipt of:

GEORGIA LAWS 2012 SESSION

5735

a. AH-Receipt of 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 communication to 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 to provide notice of the proposed modification of a provision of the pension plan and to request their non-binding recommendation in favor or against the proposed modification \vithin 45 days from the date of introduction of the legislation, unless extended by Ordinance

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 and recommendations of the city attorney and chief financial officer as provided in (2)(a), hereinabove, and the recommendation communication providing notice and requesting a recommendation from the boards of trustees of the respective pension fund affected by such modification as set forth in (2)(b), 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;

Section 2: That a copy of this proposed amendment to the Charter of the City of Atlanta, Georgia 1996 Ga. Laws P. 4496 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

5736

MUNICIPAL HOME RULE ORDINANCES

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 6o days immediately preceding its final adoption, and that a copy of said advertisement be attached to this ordinance prior to its final adoption by the Council of the City of Atlanta.

Section 3: That all ordinances and parts of ordinances in conflict herewith are hereby waived to the extent of the conflict.

ADOPTED as amended by the Atlanta City Council RETURNED WITHOUT SIGNATURE OF THE MAYOR APPROVED as per City Charter Section 2-403

July 18, 2011 July 27, 2011

A true copy, s/ FERIS WEBB III Deputy Clerk

Exhibit "A"

NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA

Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. Laws, 1996, p. 4469, et seq.) approved April 15, 1996, as amended, said Ordinance being captioned as follows:

AN ORDINANCE 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 MODIFY LANGUAGE THAT IMPROPERLY DELEGATES LEGISLATIVE AUTHORITY; 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

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5737

of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public.

This ________ day of ________, 2011. _____________________ Rhonda Dauphin Johnson Municipal Clerk City of Atlanta

STATE OF GEORGIA COUNTY OF DEKALB

Personally appeared before me, the undersigned, a Notary Public within and for said county and state, Carolyn J. Glenn, Publisher of The Champion Newspaper, published at Decatur, County of DeKalb, State of Georgia, and being the official organ for the publication of legal advertisements for said county, who being duly sworn, states on oath that the report of PUBLIC NOTICES,11-O-0673 was published in said newspaper on the following date(s):

05/19/11, 05/26/11, 06/02/11

s/ CAROLYN JERNIGAN GLENN CAROLYN J. GLENN, PUBLISHER

Sworn to and subscribed before me this 06/02/11.

s/ JACQUELINE BRYANT Notary Public My commission expires September 22, 2014

(SEAL)

PUBLIC NOTICE Notice of Proposed Amendment To The Charter of
The City Of Atlanta

Notice is hereby given that an Ordinance (11-O-0673) 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

5738

MUNICIPAL HOME RULE ORDINANCES

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 Modify Language That Improperly Delegates Legislative Authority; And For Other Purposes.
A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the Offices of the clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public.

Given Under My hand And Seal Of This Office On This 12th day of May, 2011. Rhonda Dauphin Johnson Municipal Clerk

PUBLISHER'S AFFIDAVIT

CARRIE EVANS 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 and made part of this affidavit appeared in The Atlanta Journal-Constitution on the following date(s): MAY 19, 2011, MAY 26, 2011 and JUNE 2, 2011.

s/ CARRIE EVANS (ACCOUNT EXECUTIVE SIGNATURE)

SWORN TO AND SUBSCRIBED BEFORE ME, THIS 6th DAY OF JUNE, 2011.

s/ LYNSUE CHUKURA (NOTARY SIGNATURE)

(SEAL)

PUBLIC NOTICE

NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA Notice is hereby given that an Ordinance (11-O-0673) has been introduced to amend the Charter of the City of Atlanta (Ga. Laws, 1996, p. 4469, et seq.) approved April 15, 1996, as amended, said Ordinance being captioned as follows:

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AN ORDINANCE 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 MODIFY LANGUAGE THAT IMPROPERLY DELEGATES LEGISLATIVE AUTHORITY; AND FOR OTHER PURPOSES.

A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the Offices of the clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public.

GIVEN UNDER MY HAND AND SEAL OF THIS OFFICE ON THIS 12th day of May, 2011.

Rhonda Dauphin Johnson Municipal Clerk

PUBLISHER 'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF FULTON Re: 1698681

Before me, the undersigned, a Notary Public, this day personally came Patrice Grant who, being duly sworn, according to law, ways 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:

05/19/2011, 05/26/2011, 06/02/2011

s/ PATRICE GRANT Patrice Grant (Agent)

s/ K. MOSLEY Kaweemah Mosley (Notary Public)

5740

MUNICIPAL HOME RULE ORDINANCES

Subscribed and sworn to before me this 2nd day of June, 2011.

(SEAL)

PUBLIC NOTICE NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA

Notice is hereby given that an Ordinance (11-O-0673) 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 MODIFY LANGUAGE THAT IMPROPERLY DELEGATES LEGISLATIVE AUTHORITY; AND FOR OTHER PURPOSES.

A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the Offices of the clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public.

GIVEN UNDER MY HAND AND SEAL OF THIS OFFICE ON THIS 12th day of May, 2011.

Rhonda Dauphin Johnson Municipal Clerk

Filed in the Office of the Secretary of State August 11, 2011. __________

GEORGIA LAWS 2012 SESSION
CITY OF HOGANSVILLE CITY MANAGER; QUALIFICATIONS.

5741

11-08-01

AN ORDINANCE

AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF HOGANSVILLE TO AMEND THE CHARTER OF THE CITY; TO AMEND THE CHARTER SO AS TO REMOVE THE PROHIBITION OF AN ELECTED OFFICIAL FROM BEING APPOINTED CITY MANAGER UNDER CERTAIN CIRCUMSTANCES; TO REPEAL CONFLICTING PROVISIONS; TO FIX AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

THE COUNCIL OF THE CITY OF HOGANSVILLE HEREBY ORDAINS:

SECTION 1:

That the Charter of the City of Hogansville be amended, pursuant to the Municipal Home Rule Act of 1965, as amended, by deleting the last sentence of subsection (b) of Section 5.06, which reads "No mayor or council person shall receive such appointment during the term for which he or she shall have been elected, nor within one year after the expiration of his or her term."

SECTION 2:

All provisions of the Charter of the City of Hogansville in conflict herewith are hereby repealed.

SECTION 3:

This Charter amendment, after adoption by the Council and upon approval by the Mayor, shall become effective upon a copy of same being filed with the Secretary of State of the State of Georgia and the Clerk of the Superior Court of Troup County, Georgia, all in accordance with O.C.G.A. 36-35-5.

INTRODUCED AND FIRST READING July 18, 2011 SECOND READING AND ADOPTED/REJECTED August 01, 2011 Adopted SUBMITTED TO MAYOR AND APPROVED/DISAPPROVED August 01, 2011 Approved

5742

MUNICIPAL HOME RULE ORDINANCES
BY: s/ JIMMY JACKSON Mayor

ATTEST: s/ LISA KELLY Clerk

NOTICE OF INTENT TO AMEND CHARTER OF THE CITY OF HOGANSVILLE

Notice is hereby given that the Mayor and Council of the City of Hogansville, Georgia, have proposed and will consider an amendment to the Hogansville City Charter which will remove the prohibition of the mayor or any member of council from being appointed City Manger during his or her term of office or within one (1) year of the expiration of said term. A copy of the proposed amendment is on file in the office of Lisa Kelly, Hogansville City Clerk, and in the office of Jackie Ward Taylor, Clerk of the Superior Court of Troup County, Georgia, for the purpose of examination and inspection by the public.

This 7th day of July, 2011.

BY: Jeffrey M. Todd Hogansville City Attorney LEWIS, TAYLOR & TODD, P.C. 205 N. Lewis Street, Suite 3 LaGrange, Georgia 30240

Affidavit of Publisher of Newspaper

Georgia, Troup County

Before me personally appeared Carla B. Jones who being duly sworn, depose and says that he is the Authorized Agent of The LaGrange Daily News, and that the same is a public gazette published in the city of LaGrange in Troup County, Georgia. It is the newspaper in which is published the Sheriff's sales of said County of Troup in said State.

Deponent further saith that the following notice attached hereto:

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gpn06 LEGAL:9214 JULY 15, 22, AND 29, 2011 NOTICE OF INTENT TO AMEND CHARTER OF THE CITY OF HOGANSVILLE Notice is hereby given that the Mayor and Council of the City of Hogansville, Georgia, have proposed and will consider an amendment to the Hogansville City Charter which will remove the prohibition of the mayor or any member of council from being appointed City Manger during his or her term of office or within one (1) year of the expiration of said term. A copy of the proposed amendment is on file in the office of Lisa Kelly, Hogansville City Clerk, and in the office of Jackie Ward Taylor, Clerk of the Superior Court of Troup County, Georgia, for the purpose of examination and inspection by the public. This 7th day of July, 2011. BY: Jeffrey M. Todd Hogansville City Attorney LEWIS, TAYLOR & TODD, P.C. 205 N. Lewis Street, Suite 3 LaGrange, Georgia 30240

Has been published in said LaGrange Daily News, to-whit: 7/15 2011 7/22 2011 7/29 2011 being 3 publications of said notice and petition, issued on dates aforesaid respectively.

s/CARLA B. JONES Authorized Agent

Sworn and subscribed before me this 29th day of July 2011

s/ JUDY C. PHILLIPS Notary Public, Troup County [SEAL]

Filed in the Office of the Secretary of State August 18, 2011. __________

CITY OF GRIFFIN REDISTRICTING.

AN ORDINANCE

No.11 04

AN ORDINANCE AMENDING THE CHARTER OF THE CITY OF GRIFFIN, GEORGIA, PURSUANT TO THE AUTHORITY GRANTED AT O.C.G.A.

5744

MUNICIPAL HOME RULE ORDINANCES

SECTION 36-35-4.1 IN ACCORDANCE WITH THE PROCEDURES SET FORTH AT O.C.G.A. SECTION 36-35-3(1)(b) TO REAPPORTION MUNICIPAL ELECTION DISTRICTS BASED UPON PUBLICATION OF THE UNITED STATES DECENNIAL CENSUS OF 2010; TO ESTABLISH NEW ELECTION DISTRICT BOUNDARIES IN COMPLIANCE WITH THE REQUIREMENTS OF THE UNITED STATES CONSTITUTION AND PERTINENT LAWS, GOVERNING FUTURE ELECTIONS FOR MEMBERS OF THE BOARD OF COMMISSIONERS; TO ESTABLISH AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF GRIFFIN, GEORGIA, AND IT IS ESTABLISHED AS FOLLOWS:

Section 1. The Charter of the City of Griffin, Georgia, is hereby amended at Sec. 2.3, DISTRICTS ESTABLISHED, APPORTIONMENT OF ELECTION DISTRICTS BASED UPON POPULATION, pursuant to the authority of O.C.G.A. Section 36-35-4.1 through adoption of this Home Rule Ordinance, enacted in accordance with the requirements of O.C.G.A. Section 36-35-3(1)(b), for purposes of reapportioning the municipal election districts of the City following publication of the U.S. Decennial Census of 2010. There is hereby adopted that certain legislative reapportionment plan, known and described as "Plan 3", attached hereto as Exhibits "A" - "C", which by reference is incorporated as if fully set out herein. Said plan sets forth and defines the boundaries of election districts 1 through 6, by reference to corresponding official Census tracts and blocks.

Section 2. Upon final adoption of this Ordinance, the Chairperson of the Commission shall sign and date an original map illustrating the election districts herein adopted, as attested by the Secretary. The original shall be maintained for public inspection and copying in the Office of the City Manager; and a copy thereof published as an appendix to the City Charter.

Section 3. This ordinance shall become effective immediately upon adoption and shall govern the election of members of the governing municipal body in all municipal elections held thereafter; provided, however, this ordinance shall be deemed a "change" under Section 5 of the Voting Rights Act of 1975, as amended, and shall not be effective for voting purposes until submitted to the Attorney General, Department of Justice, and precleared in accordance with its procedures.

First Reading:

May 10, 2011

Second Reading: May 24, 2011

"EXHIBIT A"

[MAP]

GEORGIA LAWS 2012 SESSION "EXHIBIT B"

PLAN NAME: GRIFFIN PLAN 3

PLAN TYPE: LOCAL

DATE:

APRIL 27, 2011

5745

POPULATION SUMMARY REPORT

DISTRICT POPULATION DEVIATION %DEVN BLACK %BLACK ALL OR PART BLACK %A/P BLACK HISPANIC ORIGIN %HISP

G R IFFIN

29,643

18 + POP (VAP) 17,230

12,331 8,457

52.15 49.08

12,599 8,554

53.29 49.65

952

4.03

613

3.56

1

3,931

-9

18 + POP (VAP) 2,728

-0.23

3,231 82.19 2,223 81.49

3,280 2,240

83.44

220

5.60

82.11

137

5.02

2

3,810 -130

18 + POP (VAP) 2,769

-3.30

2,908 2,035

76.33 73.49

2,938 2,048

77.11

140

73.96

103

3.67 3.72

3

3,847 -93

18 + POP (VAP) 2,970

-2.36

280

7.28

296

212

7.14

220

7.69 7.41

75

1.95

49

1.65

4

3,887 -53

18 + POP (VAP) 2,872

-1.35

1,600 1,178

41.16 37.53

1,637 1,101

42.11 38.34

143

3.68

87

3.03

5

4,101 161

18 + POP (VAP) 2,992

4.09

1,731 1,159

42.41 38.74

1,789 1,179

43.62 39.41

218

5.32

137

4.58

6

4,067 127

18 + POP (VAP) 2,899

3.22

2,581 63.46 1,750 60.37

2,659 1,766

65.38

156

60.92

100

3.84 3.45

_________________________________________________________________________________________________________________________________

TOTAL POPULATION

23,643

IDEAL DISTRICT POPULATION

3,940

SUM M ARY STATISTICS POPULATION RANGE: RATIO RANGE: ABSOLUTE DEVIATION RANGE: ABSOLUTE OVERALL RANGE: % DEVIATION RANGE: RELATIVE OVERALL DEVIATION: ABSOLUT M EAN DEVIATION: RELATIVE M EAN DEVIATION: STANDARD DEVIATION:

3,810 TO 4,101 1.08 -130 TO 161 291 -3.30% TO 4.09% 7.39% 95.50 2.42% 118.73

"EXHIBIT C"

PLAN: PLAN TYPE: DATE:

GRIFFIN PLAN 3 LOCAL APRIL 28, 2011

PLAN COMPONENTS REPORT

DISTRICT 1 Spalding GA County

5746

MUNICIPAL HOME RULE ORDINANCES

Census Tract 1603.00 Blocks 2007 through 2013, 2020 through 2025, 2027 through 2036, 2038
Census Tract 1604.00 Blocks 2012 through 2020, 2022 through 2036, 2040 through 2043, 2046 through 2057, 2060 through 2065 Blocks 3000 through 3012 Blocks 4000 through 4005, 4007 through 4016 Blocks 5025, 5027, 5028, 5030
Census Tract 1608.00 Blocks 2004 through 2006, 2010 Blocks 3000 through 3002, 3005, 3027 through 3031, 3034

DISTRICT 2 Spalding GA County
Census Tract 1603.00 Blocks 2026, 2037
Census Tract 1607.00 Blocks 2003 through 2005
Census Tract 1608.00 Blocks 1004, 1005, 1007 through 1047 Blocks 2000 through 2003, 2007 through 2009, 2011 through 2033, 2037 Blocks 3013 through 3020, 3023 through 3026, 3032, 3033, 3035, 3038 through 3041
Census Tract 1609.00 Blocks 1005 through 1007, 1010 through 1012, 1022, 1023 Blocks 2016 through 2018, 2031 Blocks 3000 through 3045, 3048, 3055, 3056, 3066

DISTRICT 3 Spalding GA County
Census Tract 1608.00 Blocks 2039 through 2047, 2059 through 2065
Census Tract 1609.00 Blocks 2045, 2047, 2053 Blocks 3046, 3050 through 3054, 3057 through 3059, 3061 through 3064, 3068
Census Tract 1611.00 Blocks 1000 through 1030 Blocks 2004, 2008 through 2025, 2030 through 2033 through 2036, 2040 through 2043, 2045, 2046
Census Tract 1612.00 Blocks 1000 through 1006, 1008, 1009, 1014, 1015, 1022, 1023, 1030 Blocks 2000 through 2002, 2011, 2012, 2014, 2015, 2016, 2022 through 2024, 2033

GEORGIA LAWS 2012 SESSION Blocks 3000 through 3002, 3008, 3015, 3017, 3029, 3030, 3037

5747

DISTRICT 4 Spalding GA County
Census Tract 1607.00 Blocks 2000 through 2002, 2011, 2014, 2018 through 2020, 2022 through 2024 Blocks 3045
Census Tract 1608.00 Blocks 2034 through 2036, 2038, 2048 through 2058 Blocks 3021, 3022, 3036, 3037, 3042 through 3056
Census Tract 1612.00 Blocks 1007, 1010 through 1013, 1016 through 1021, 1024, 1026 through 1028, 1031 through 1036, 1038 Blocks 2003 through 2010, 2013, 2017 through 2021, 2025, 2026, 2028 through 2030 Blocks 3003, 3007, 3009 through 3014, 3016, 3018, 3020 through 3024, 3027, 3028, 3033, 3035, 3038, 3042, 3043 Blocks 4000, 4005 through 4008, 4027, 4029, 4034

DISTRICT 5 Spalding GA County
Census Tract 1604.00 Blocks 1012, 1025 Blocks 2001 through 2011, 2021, 2058, 2059
Census Tract 1605.00 Blocks 1014, 1018, 1037 through 1039, 1045 Blocks 2014 through 2020, 2023 through 2028, 2037 through 2053, 2062 through 2069, 2071, 2073 through 2081, 2085 through 2089, 2091, 2092
Census Tract 1607.00 Blocks 1000, 1005 Blocks 3000 through 3003, 3006, 3009, 3011, 3012, 3019, 3020, 3023, 3024, 3026
Census Tract 1608.00 Blocks 3003, 3004, 3006 through 3012, 3057

DISTRICT 6 Spalding GA County
Census Tract 1607.00 Blocks 1002, 1033 Blocks 2006 through 2010, 2012, 2013, 2015 through 2017 Blocks 3010, 3016 through 3018, 3025, 3027 through 3031, 3033, 3034, 3036, 3038, 3039, 3041, 3042

5748

MUNICIPAL HOME RULE ORDINANCES

Census Tract 1612.00 Blocks 2027, 2031, 2032 Blocks 3004 through 3006, 3019, 3040, 3041

CERTIFICATION

I, KENNY L. SMITH, do hereby certify that I am the Secretary of the Board of Commissioners of the City of Griffin, Georgia, and in that capacity serve as custodian of public records for said City and its Board of Commissioners. The foregoing is a true and exact copy of a Home Rule Ordinance, No. 11 - 04, adopted by the Board, at two consecutive regular meetings, duly called, convened and conducted in accordance with the Georgia Open Meetings law and City Charter, and with a quorum present. Said Ordinance was advertised and adopted in compliance with the procedures set forth in O.C.G.A. 36-35-3(l)(b). At the May 10, 2011 meeting, said Ordinance was approved by a vote of 6 "Aye" to 0 "Nay", with one Commissioner absent; the Ordinance was finally adopted on second reading at the meeting of May 24, 2011 by a vote of 7 "Aye" to 0 "Nay", and the original spread upon the official Minutes of said meeting. Said Ordinance remains in full force and effect and has not been subsequently amended or repealed.

This 25th day of May, 2011.

(SEAL)

s/ KENNY L. SMITH Kenny L. Smith Secretary, Bd. of Commissioners City of Griffin, Georgia

STATE OF GEORGIA, COUNTY OF SPALDING.

PUBLISHER'S AFFIDAVIT

PERSONALLY APPEARED before the undersigned officer, duly authorized by law to administer oaths, DAVID CLEVENGER, who being sworn, deposes and states that he is the Publisher of The Griffin Daily News, the legal organ of Spalding County, Georgia, and that the attached advertisement was published in the editions of said newspaper on May 8, 15 and 22, 2011.

s/ DAVID CLEVENGER David Clevenger

GEORGIA LAWS 2012 SESSION
Sworn to and subscribed before me, this 23 day of May, 2011.

5749

s/ KELLIE COOK Notary Public, Spalding County, GA My commission expires: 6-9-13

NOTICE OF PROPOSED HOME RULE ORDINANCE AMENDING THE CHARTER OF THE CITY OF GRIFFIN, GEORGIA
TO REAPPORTION ELECTION DISTRICTS

Notice is hereby given that the Board of Commissioners of the City of Griffin, Georgia, is proposing enactment of a Home Rule Ordinance, pursuant to O.C.G.A. 36-35-3(1)(b), amending the Charter of the City for the purpose of adopting a districting plan reapportioning election districts from which members of the municipal governing authority are elected, based upon publication of the United States Decennial Census of 2010. In accordance with the Charter of the City of Griffin, Sec. 2.3, following the publication of each decennial census, the Board of Commissioners shall enact a Home Rule Ordinance reapportioning election districts using the criteria set forth in O.C.G.A. 36-35-4.1.

Action on the proposed Ordinance will occur at two consecutive regular meetings of the Board of Commissioners on Tuesday, May 10, 2011 and Tuesday, May 24, 2011. Both meetings will be held in the City Courtroom, 2d Floor, One Griffin Center, 100 S. Hill Street, Griffin, Georgia 30224, beginning at 6:00 p.m. Copies of the proposed Ordinance are available for inspection and copying in the City Manager's office, 3d Floor, One Griffin Center, 100 S. Hill Street, Griffin, GA 30224 during regular business hours, and in the office of the Clerk of Superior Court, Spalding County Courthouse, Griffin, Georgia.

Following final adoption, the Ordinance will be submitted to the U.S. Department of Justice, Civil Rights Division, Voting Rights Section, for review under 5 of The Voting Rights Act, as amended. Persons interested in voting rights wishing to comment on the ordinance may do so before Commission consideration at either meeting or file written comments with the City Manager at or prior to the meeting. The Department will analyze the submitted redistricting plan under the 5 standard.

Any interested person having questions or requesting additional information concerning this process may contact Mr. Frederick Gardiner, Director of Development Services, at (770) 233-4130.

Filed in the Office of the Secretary of State May 31, 2011.

5750

MUNICIPAL HOME RULE ORDINANCES CITY OF LAGRANGE REDISTRICTING.

11-10

AN ORDINANCE

AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF LAGRANGE TO AMEND THE CHARTER OF THE CITY; TO AMEND THE CHARTER SO AS TO MODIFY THE BOUNDARIES OF THE TWO ELECTION DISTRICTS OF THE CITY; TO PROVIDE FOR SUBMISSION; TO REPEAL CONFLICTING PROVISIONS; TO FIX AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

WHEREAS, pursuant to House Bill Number 1670, passed during the 1998 session of the General Assembly, the members of the City Council of the City of LaGrange are elected from one of two council districts, with three members being elected by designated post from each district;

WHEREAS, the 2010 Decennial Census discloses that population growth within the City requires a rebalancing of the populations within the districts in order to comply with the one person-one vote rule as announced by the Supreme Court of the United States in Baker v. Carr, 369 U.S. 186 (1962);

WHEREAS, the Mayor and Council of the City of LaGrange find that the modified district lines as more fully described herein represent a rebalancing of the populations within the two elections districts without undermining the relative strength of the minority population for the purposes of voting or otherwise;

WHEREAS, the governing authority of the City of LaGrange is authorized to reapportion the election districts from which members are elected following publication of the United States Decennial Census in order to comply with the one person-one vote requirement for the United States Constitution, providing that such reapportionment is limited to adjusting the boundary lines of the existing districts in order to do so;

THE MAYOR AND COUNCIL OF THE CITY OF LAGRANGE, GEORGIA, HEREBY ORDAIN AS FOLLOWS:

SECTION 1: That the Charter of the City of LaGrange be amended, pursuant to the Municipal Home
Rule Act of 1965, as amended, by deleting subsection (b) of Section 6.01, in its entirety, inserting in lieu thereof a new Section 6.01(b) to read as follows:

GEORGIA LAWS 2012 SESSION

5751

"(b) For purposes of electing members of the city council, and beginning with the municipal elections to be held in November 2011, the City of LaGrange is divided into two council districts as set forth in the description attached hereto and made a part of this Charter and further identified as "Plan: LaGrange Plan2; Plan Type: Local; Date: May 20, 2011." There shall be three posts in each district to be designated as Posts lA, lB and 1C in Council District 1 and Posts 2A, 2B and 2C in Council District 2. Each district shall elect three members of the city council, one from each post."

SECTION 2: All provisions of the Charter of the City of LaGrange in conflict herewith are hereby
repealed.

SECTION 3: This Charter amendment, after adoption by the Council and upon approval by the Mayor,
shall become effective upon a copy of same being filed with the Secretary of State of the State of Georgia and the Clerk of the Superior Court of Troup County, Georgia, all in accordance with O.C.G.A. 36-35-5, and upon approval of the United States Attorney General pursuant to Section 5 of the Voting Rights Act of 1965, as amended.

SECTION 4: Pursuant to Section 5 of the Voting Rights Act of 1965, as amended, it shall be the duty of
the city attorney to submit this act to the United States Attorney General for approval.

INTRODUCED AND FIRST READING May 24, 2011

SECOND READING AND ADOPTED June 14, 2011

SUBMITTED TO MAYOR AND APPROVED June 14, 2011

BY: s/ J. JEFF LUKKEN Mayor

ATTEST: s/ MEG KELSEY Deputy City ManagerAdministration and Finance

PLAN:

LAGRANGE PLAN 2

PLAN TYPE: LOCAL

DATE:

MAY 20 2011

5752

MUNICIPAL HOME RULE ORDINANCES

PLAN COMPONENTS REPORT

DISTRICT 001 Troup GA County
Census Tract 9602.01 Blocks 1051, 1052, 1054, 1056 through 1060
Census Tract 9603.00 Blocks 1000 through 1014 Blocks 2004, 2005, 2008 through 2020, 2026 through 2030, 2041 through 2051, 2054 through 2058, 2066, 2068 through 2070 Blocks 3016, 3017, 3020, 3021, 3024 through 3027, 3030, 3032, 3039 through 3043
Census Tract 9604.00 Blocks 1003 through 1007, 1024 through 1029 Blocks 2000, 2001, 2008, 2009, 2011 through 2024, 2027 through 2042, 2048 Blocks 3015, 3016, 3018 through 3029, 3033 through 3038
Census Tract 9605.01 Blocks 1003, 1006 through 1011, 1014 through 1019 Blocks 3000 through 3006 Blocks 4000 through 4003
Census Tract 9605.02 Blocks 1065, 1072 through 1074, 1078 through 1080, 1089 through 1092, 1095, 1097 Blocks 1101, 1104 through 1108 Blocks 2004 through 2006, 2011, 2013 through 2036, 2049 through 2059
Census Tract 9606.00 Blocks 1016 through 1036, 1041, 1043, 1044, 1056, 1067 Blocks 2001, 2002, 2005, 2010, 2011
Census Tract 9608.00 Blocks 1006 through 1012 Blocks 2002 through 2007, 2009, 2010, 2018 through 2034, 2041 through 2048, 2060
Census Tract 9609.01 Blocks 3000 through 3003, 3006, 3007, 3010, 3023 through 3034

DISTRICT 2 Troup GA County
Census Tract 9603.00 Blocks 2064
Census Tract 9604.00 Blocks 1000 through 1002, 1008 through 1023, 1030 through 1035 Blocks 2043 through 2047, 2049, 2050 Blocks 3039

GEORGIA LAWS 2012 SESSION

5753

Census Tract 9505.01 Blocks 2000 through 2039 Blocks 4004 through 4026
Census Tract 9605.02 Blocks 1081 through 1085, 1093, 1094, 1098, 1099
Census Tract 9506.00 Blocks 2006 through 2009, 2012 through 2030, 2034 through 2039 Blocks 3000 through 3010 Blocks 4000 through 4056
Census Tract 9607.00 Blocks 1000 through 1040 Blocks 3002 through 3008, 3011 through 3013, 3015, 3016, 3018 through 3025, 3027 through 3031, 3034, 3035, 3038 through 3040, 3044 through 3047, 3050, 3051, 3059, 3060, 3066 through 3068 Blocks 4000 through 4008, 4012, 4014
Census Tract 9608.00 Blocks 1000 through 1005, 1013 through 1042 Blocks 2000, 2001, 2008, 2011 through 2017, 2035 through 2040, 2049 through 2059 Blocks 3000 through 3021
Census Tract 9609.01 Blocks 1000 through 1037 Blocks 2000, 2002, 2013, 2017, 2024, 2025, 2027, 2030, 2031, 2034 through 2036, 2039, 2042 through 2044, 2046, 2048, 2050, 2059, 2061, 2062, 2064, 2066, 2069 Blocks 3008, 3009, 3011 through 3013, 3017, 3019 through 3022
Census Tract 9609.02 Blocks 1000 through 1026, 1028, 1032, 1035 through 1037, 1045 through 1047, 1050, 1053 through 1061, 1064, 1074, 1083, 1097 through 1099 Blocks 1100, 1109
Census Tract 9610.00 Blocks 1001 through 1006, 1012, 1019

CERTIFICATION

I do hereby certify that the above is a true and correct copy of the ordinance duly adopted by the City of LaGrange City Council on the date so stated in said ordinance.

I further certify that I am the Deputy City Manager/Clerk and that said ordinance has been duly entered in the official records City of LaGrange, Georgia and remains in full force and effect this the 14th day of June, 2011.

5754

MUNICIPAL HOME RULE ORDINANCES
s/ MEG KELSEY Signature

Affidavit of Publisher of Newspaper

Georgia, Troup County

Before me personally appeared Carla B. Jones who being duly sworn, depose and says that he is the Authorized Agent of The LaGrange Daily News, and that the same is a public gazette published in the city of LaGrange, in Troup County, Georgia. It is the newspaper in which is published the Sheriff's sales of said County of Troup in said State.

Deponent further saith that the following notice attached hereto:

NOTICE OF INTENT TO AMEND CHARTER OF THE CITY OF LAGRANGE

Notice is hereby given that the Mayor and Council of the City of LaGrange, Georgia, have proposed and will consider an amendment to the City Charter modifying the election district lines of the city. A copy of the proposed amendment, as well as a copy of the proposed map reflecting modified district lines, is on file in the office of Meg B. Kelsey, Deputy City Manager - Administration and Finance, and in the office of Jackie Ward Taylor, Clerk of the Superior Court of Troup County, Georgia, for the purpose of examination and inspection by the public.

This 24th day of May, 2011.

By: Jeffrey M. Todd LaGrange City Attorney LEWIS, TAYLOR & TODD, P.C. 205 N. Lewis Street, Suite 3 LaGrange, Georgia 30240

Has been published in said LaGrange Daily News, to-whit: 5/27 2011 6/3 2011 6/10 2011 being 3 publications of said notice and petition, issued on dates aforesaid respectively.

s/ CARLA B. JONES Authorized Agent

GEORGIA LAWS 2012 SESSION Sworn and subscribed before me this 10th day of June 2011

5755

s/ JUDY C. PHILLIPS Notary Public, Troup County [SEAL]

Filed in the Office of the Secretary of State June 16, 2011. __________

CITY OF JEFFERSON REDISTRICTING

AN ORDINANCE AMENDING SECTION 2.10 OF

THE CHARTER OF THE CITY OF JEFFERSON, GEORGIA. IN REGARD TO REAPPORTIONMENT OF THE COUNCIL DISTRICTS

WHEREAS, the United States decennial Census of 2010 for the State of Georgia has been completed and certified; and

WHEREAS, after thorough investigation the City Council of the City of Jefferson finds that the council districts need to be reapportioned to be in compliance with Federal and State requirements; and

WHEREAS, a notice containing a synopsis of the proposed amendment and giving public notice of two readings and public hearings in regard to this reapportionment amendment was published in the Jackson Herald, the official organ of Jackson County, Georgia on May 4, 2011, May 11, 2011, and May 18, 2011; and

WHEREAS, this amendment in regard to reapportionment having been considered at two regular consecutive meetings of the City Council on May 9, 2011 and May 23, 2011 and adopted;

NOW THEREFORE, be it ordained by the Mayor and Council for the City of Jefferson, Georgia that Section 2.10 of the City Charter of Jefferson which was created in a new charter approved April 13, 2001 (GA.L.200l p. 3940), as amended by Act of the Georgia General Assembly effective January 1, 2003 (GA. L. 2002 p. 4013), is hereby amended by striking subsections (c), (d), and (e) of section 2.10 and inserting in their place new subsections (c) and (d) to read as follows:
(c) For purposes of electing members of the city council, other than the mayor, the City of Jefferson is divided into five council districts. One member of the city council shall be elected from each such district. The five council districts shall be and correspond to those

5756

MUNICIPAL HOME RULE ORDINANCES

five numbered districts described in and attached to and made a part of this Ordinance and further identified as City of Jefferson 2011 Redistricting Map/Plan #05 created April 7, 2011 by jcgis/jhl and by City of Jefferson, Georgia 2011 Redistricting Plan Report of new districts by 2010 Census Blocks, said map and Redirecting Plan Report being on file in the Clerks Office of the City of Jefferson, Georgia at all times. (d) The five council posts representing Council Districts 1, 2, 3, 4, and 5 as they exist on August 28, 2011, shall be as newly described under this Ordinance, and on and after August 29, 2011, such members of the council serving from those former districts shall be deemed to be serving from and representing their respective council districts as newly described under this Ordinance.

SECTION 2

It shall be the duty of the attorney of the governing authority of the City of Jefferson to submit this Ordinance for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended.

SECTION 3

All ordinances and parts of ordinances in conflict herewith are hereby repealed and this Ordinance shall become effective upon its adoption by the Mayor and Council.

SO ORDAINED this 23rd day of May, 2011.

s/ JAMES V. JOINER (SEAL) JAMES V. JOINER, Mayor

ATTEST: s/ PRISCILLA A.MURPHY, (SEAL) PRISCILLA A. MURPHY, City Clerk

[City of Jefferson 2011 Redistricting Map/Plan]

GEORGIA LAWS 2012 SESSION City of Jefferson, Georgia

5757

2011 Redistricting Plan

Report of New Districts

By 2010 Census Blocks

District 01 Block
131570101011000 131570101011001 131570101011002 131570101011003 131570101011004 131570101011005 131570101011009 131570101012090 131570101012091 131570101012092 131570101012093 131570101012094 131570101012096 131570101012097 131570102002047 131570102002071 131570102002074 131570102002075 131570102002076 131570102002077 131570102002078 131570102002079 131570102002083 131570102002084 131570102002085 131570102002086 131570107021032 131570107021033 131570107021034 131570107021036 131570107021059 131570107021060 131570107021061 131570107021062 131570107021063 131570107021067 131570107021068 131570107021069

BlockGroup 131570101011 131570101011 131570101011 131570101011 131570101011 131570101011 131570101011 131570101012 131570101012 131570101012 131570101012 131570101012 131570101012 131570101012 131570102002 131570102002 131570102002 131570102002 131570102002 131570102002 131570102002 131570102002 131570102002 131570102002 131570102002 131570102002 131570107021 131570107021 131570107021 131570107021 131570107021 131570107021 131570107021 131570107021 131570107021 131570107021 131570107021 131570107021

Tract 13157010101 13157010101 13157010101 13157010101 13157010101 13157010101 13157010101 13157010101 13157010101 13157010101 13157010101 13157010101 13157010101 13157010101 13157010200 13157010200 13157010200 13157010200 13157010200 13157010200 13157010200 13157010200 13157010200 13157010200 13157010200 13157010200 13157010702 13157010702 13157010702 13157010702 13157010702 13157010702 13157010702 13157010702 13157010702 13157010702 13157010702 13157010702

County 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157

State 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13

Block2000 131570101002093 131570101002093 131570101002093 131570101002094 131570101002094 131570101002094 131570101002095 131570101002086 131570101002086 131570101002092 131570101002092 131570101002087 131570101002088 131570101002091 131570102001132 131570102001128 131570102001126 131570102001127 131570102001127 131570102001129 131570102001122 131570102001122 131570102001130 131570102001129 131570102001127 131570102001127 131570107001077 131570107001076 131570107001066 131570107001146 131570107001038 131570107001049 131570107001145 131570107001077 131570107001077 131570107001038 131570107001038 131570107001038

5758

MUNICIPAL HOME RULE ORDINANCES

131570107021072 131570107021074 131570107021075 131570107022000 131570107022001 131570107022002 131570107022003 131570107022004 131570107022017 131570107022018 131570107022019 131570107022020 131570107022028 131570107023000 131570107023001 131570107023003 131570107023005 131570107023006 131570107023007 131570107023008 131570107023009 131570107023010 131570107023011 131570107023012 131570107023013 131570107023014 131570107023015 131570107023016 131570107023017 131570107023021 131570107023022 131570107023023 131570107023025 131570107023029 131570107023030 131570107023031 131570107023032 131570107023033 131570107023034 131570107023035 District 02
Block 131570106001017 131570106001020 131570106001021 131570106001022 131570106001023 131570106001024 131570106001025 131570106001027

131570107021 131570107021 131570107021 131570107022 131570107022 131570107022 131570107022 131570107022 131570107022 131570107022 131570107022 131570107022 131570107022 131570107023 131570107023 131570107023 131570107023 131570107023 131570107023 131570107023 131570107023 131570107023 131570107023 131570107023 131570107023 131570107023 131570107023 131570107023 131570107023 131570107023 131570107023 131570107023 131570107023 131570107023 131570107023 131570107023 131570107023 131570107023 131570107023 131570107023

13157010702 13157010702 13157010702 13157010702 13157010702 13157010702 13157010702 13157010702 13157010702 13157010702 13157010702 13157010702 13157010702 13157010702 13157010702 13157010702 13157010702 13157010702 13157010702 13157010702 13157010702 13157010702 13157010702 13157010702 13157010702 13157010702 13157010702 13157010702 13157010702 13157010702 13157010702 13157010702 13157010702 13157010702 13157010702 13157010702 13157010702 13157010702 13157010702 13157010702

BlockGroup 131570106001 131570106001 131570106001 131570106001 131570106001 131570106001 131570106001 131570106001

Tract 13157010600 13157010600 13157010600 13157010600 13157010600 13157010600 13157010600 13157010600

13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157
County 13157 13157 13157 13157 13157 13157 13157 13157

13 131570107001056 13 131570107001068 13 131570107001049 13 131570107001042 13 131570107001124 13 131570107001125 13 131570107001045 13 131570107001045 13 131570107001123 13 131570107001123 13 131570107001152 13 131570107001153 13 131570107001170 13 131570107001056 13 131570107001059 13 131570107001057 13 131570107001059 13 131570107001062 13 131570107001265 13 131570107001266 13 131570107001266 13 131570107001266 13 131570107001266 13 131570107001059 13 131570107001135 13 131570107001135 13 131570107001135 13 131570107001135 13 131570107001133 13 131570107001038 13 131570107001054 13 131570107001038 13 131570107001130 13 131570107001049 13 131570107001129 13 131570107001045 13 131570107001045 13 131570107001045 13 131570107001136 13 131570107001038

State 13 13 13 13 13 13 13 13

Block2000 131570106002007 131570106002009 131570106002019 131570106002018 131570106002019 131570106002017 131570106002012 131570106002021

13157010702

GEORGIA LAWS 2012 SESSION

5759

131570106001037 131570107011024 131570107011025 131570107011027 131570107012027 131570107012029 131570107012051 131570107012052 131570107021037 131570107021078 131570107021079 131570107021080 131570107021081 131570107021082 131570107021083 131570107021084 131570107021086 131570107021087 131570107021088 131570107021089 131570107021090 131570107021091 131570107021092 131570107021093 131570107021094 131570107021095 131570107022027 131570107022029 131570107022030 131570107022031 131570107022084

131570106001 131570107011 131570107011 131570107011 131570107012 131570107012 131570107012 131570107012 131570107021 131570107021 131570107021 131570107021 131570107021 131570107021 131570107021 131570107021 131570107021 131570107021 131570107021 131570107021 131570107021 131570107021 131570107021 131570107021 131570107021 131570107021 131570107022 131570107022 131570107022 131570107022 131570107022

13157010600 13157010701 13157010701 13157010701 13157010701 13157010701 13157010701 13157010701 13157010702 13157010702 13157010702 13157010702 13157010702 13157010702 13157010702 13157010702 13157010702 13157010702 13157010702 13157010702 13157010702 13157010702 13157010702 13157010702 13157010702 13157010702 13157010702 13157010702 13157010702 13157010702 13157010702

13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157

13 131570106002015 13 131570107002013 13 131570107002014 13 131570107002015 13 131570107001162 13 131570107001163 13 131570107001164 13 131570107001165 13 131570107001079 13 131570107001110 13 131570107001113 13 131570107001111 13 131570107001112 13 131570107001110 13 131570107001030 13 131570107001115 13 131570107001160 13 131570107001159 13 131570107001158 13 131570107001157 13 131570107001156 13 131570107001155 13 131570107001154 13 131570107001155 13 131570107001167 13 131570107001166 13 131570107001171 13 131570107001169 13 131570107001168 13 131570107001243 13 131570107001214

District 03 Block
131570106001028 131570106001030 131570106001031 131570106001032 131570106001033 131570106001036 131570107022005 131570107022006 131570107022007 131570107022008 131570107022009 131570107022010 131570107022011 131570107022012 131570107022013 131570107022014

BlockGroup 131570106001 131570106001 131570106001 131570106001 131570106001 131570106001 131570107022 131570107022 131570107022 131570107022 131570107022 131570107022 131570107022 131570107022 131570107022 131570107022

Tract 13157010600 13157010600 13157010600 13157010600 13157010600 13157010600 13157010702 13157010702 13157010702 13157010702 13157010702 13157010702 13157010702 13157010702 13157010702 13157010702

County 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157

State 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13

Block2000 131570106002019 131570106002026 131570106002026 131570106002032 131570106002034 131570106002013 131570107001128 131570107001128 131570107001128 131570107001128 131570107001128 131570107001127 131570107001127 131570107001178 131570107001187 131570107001177

5760

MUNICIPAL HOME RULE ORDINANCES

131570107022015 131570107022016 131570107022021 131570107022022 131570107022023 131570107022024 131570107022025 131570107022026 131570107022032 131570107022040 131570107022041 131570107022042 131570107022043 131570107022044 131570107022045 131570107022046 131570107022047 131570107022048 131570107022049 131570107022051 131570107022052 131570107022053 131570107022054 131570107022055 131570107022056 131570107022057 131570107022059 131570107022061 131570107022063 131570107022064 131570107022065 131570107022069 131570107022070 131570107022072 131570107022073 131570107022076 131570107022077 131570107022079 131570107022080 131570107022081 131570107022082 131570107022085 131570107022088 131570107022089 131570107022091 131570107022092 131570107022093 131570107022094 131570107022095 131570107022098

131570107022 13157010702 131570107022 13157010702 131570107022 13157010702 131570107022 13157010702 131570107022 13157010702 131570107022 13157010702 131570107022 13157010702 131570107022 13157010702 131570107022 13157010702 131570107022 13157010702 131570107022 13157010702 131570107022 13157010702 131570107022 13157010702 131570107022 13157010702 131570107022 13157010702 131570107022 13157010702 131570107022 13157010702 131570107022 13157010702 131570107022 13157010702 131570107022 13157010702 131570107022 13157010702 131570107022 13157010702 131570107022 13157010702 131570107022 13157010702 131570107022 13157010702 13157010702213157010702 13157010702213157010702 13157010702213157010702 13157010702213157010702 13157010702213157010702 13157010702213157010702 13157010702213157010702 13157010702213157010702 13157010702213157010702 13157010702213157010702 13157010702213157010702 13157010702213157010702 13157010702213157010702 13157010702213157010702 13157010702213157010702 13157010702213157010702 13157010702213157010702 13157010702213157010702 13157010702213157010702 13157010702213157010702 13157010702213157010702 13157010702213157010702 13157010702213157010702 13157010702213157010702 13157010702213157010702

13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157

13 131570107001150 13 131570107001151 13 131570107001173 13 131570107001174 13 131570107001176 13 131570107001179 13 131570107001180 13 131570107001172 13 131570107001242 13 131570107001193 13 131570107001184 13 131570107001184 13 131570107001183 13 131570107003004 13 131570107003004 13 131570107003003 13 131570107001181 13 131570107001241 13 131570107001240 13 131570107003008 13 131570107003006 13 131570107003007 13 131570107003000 13 131570107003001 13 131570107003002 13 131570107001198 13 131570107001221 13 131570107001197 13 131570107001205 13 131570107001238 13 131570107001211 13 131570107001206 13 131570107001207 13 131570107001238 13 131570107001200 13 131570107001196 13 131570107001237 13 131570107001211 13 131570107001204 13 131570107001203 13 131570107001211 13 131570107001209 13 131570107001212 13 131570107001213 13 131570107001234 13 131570107001230 13 131570107001233 13 131570107001231 13 131570107001233 13 131570107001228

GEORGIA LAWS 2012 SESSION

5761

131570107022099 131570107022111 131570107023060

13157010702213157010702 13157010702213157010702 13157010702313157010702

13157 13157 13157

13 131570107001196 13 131570107001128 13 131570107001196

District 04 Block
131570107022033 131570107022034 131570107022035 131570107022036 131570107022037 131570107022038 131570107022075 131570107022101 131570107022103 131570107023038 131570107023041 131570107023042 131570107023043 131570107023044 131570107023045 131570107023048 131570107023049 131570107023050 131570107023051 131570107023052 131570107023054 131570107023056 131570107023057 131570107023061 131570107023062 131570107023063 131570107023065 131570107023066 131570107023070 131570107023076 131570107023079 131570107023080 131570107023081 131570107023082 131570107023384 131570107031002 131570107031003 131570107031070

BlockGroup

Tract

13157010702213157010702

13157010702213157010702

13157010702213157010702

13157010702213157010702

13157010702213157010702

13157010702213157010702

13157010702213157010702

13157010702213157010702

13157010702213157010702

13157010702313157010702

13157010702313157010702

13157010702313157010702

13157010702313157010702

13157010702313157010702

13157010702313157010702

13157010702313157010702

13157010702313157010702

13157010702313157010702

13157010702313157010702

13157010702313157010702

13157010702313157010702

13157010702313157010702

13157010702313157010702

13157010702313157010702

13157010702313157010702

13157010702313157010702

13157010702313157010702

13157010702313157010702

13157010702313157010702

13157010702313157010702

13157010702313157010702

13157010702313157010702

13157010702313157010702

13157010702313157010702

13157010702313157010702

13157010703113157010703

13157010703113157010703

13157010703113157010703

County 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157

State 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13

BIock2000 131570107001127 131570107001248 131570107001247 131570107001194 131570107001194 131570107001196 131570107001194 131570107001196 131570107001245 131570107001142 131570107001128 131570107001128 131570107001128 131570107001128 131570107001142 131570107001141 131570107001247 131570107001243 131570107001246 131570107001260 131570107001196 131570107001247 131570107001141 131570107001257 131570107001254 131570107001254 131570107001251 131570107001250 131570107001252 131570107001140 131570107001141 131570107001141 131570107001141 131570107001141 131570107001141 131570107004012 131570107004006 131570107004013

District 05 Block
131570102002039 131570102002040 131570102002051

BlockGroup

Tract

13157010200213157010200

13157010200213157010200

13157010200213157010200

County 13157 13157 13157

State 13 13 13

BIock2000 131570102001112 131570102001119 131570102001117

5762

MUNICIPAL HOME RULE ORDINANCES

131570102002060 131570102002068 131570102002069 131570102002070 131570102002081 131570107012014 131570107012030 131570107012033 131570107012034 131570107012035 131570107012036 131570107012039 131570107012042 131570107012043 131570107012044 131570107012046 131570107012047 131570107012048 131570107012049 131570107012050 131570107021005 131570107021007 131570107021008 131570107021009 131570107021010 131570107021011 131570107021012 131570107021014 131570107021015 131570107021016 131570107021017 131570107021018 131570107021019 131570107021021 131570107021023 131570107021024 131570107021026 131570107021027 131570107021028 131570107021039 131570107021040 131570107021041 131570107021042 131570107021045 131570107021046 131570107021047 131570107021050 131570107021051 131570107021052 131570107021053

13157010200213157010200 13157010200213157010200 13157010200213157010200 13157010200213157010200 13157010200213157010200 13157010701213157010701 13157010701213157010701 13157010701213157010701 13157010701213157010701 13157010701213157010701 13157010701213157010701 13157010701213157010701 13157010701213157010701 13157010701213157010701 13157010701213157010701 13157010701213157010701 13157010701213157010701 13157010701213157010701 13157010701213157010701 13157010701213157010701 13157010702113157010701 13157010702113157010702 13157010702113157010702 13157010702113157010702 13157010702113157010702 13157010702113157010702 13157010702113157010702 13157010702113157010702 13157010702113157010702 13157010702113157010702 13157010702113157010702 13157010702113157010702 13157010702113157010702 13157010702113157010702 13157010702113157010702 13157010702113157010702 13157010702113157010702 13157010702113157010702 131570107021 13157010702 131570107021 13157010702 131570107021 13157010702 131570107021 13157010702 131570107021 13157010702 131570107021 13157010702 131570107021 13157010702 131570107021 13157010702 131570107021 13157010702 131570107021 13157010702 131570107021 13157010702 131570107021 13157010702

13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157 13157

13 131570102001117 13 131570102001116 13 131570102001116 13 131570102001122 13 131570102001122 13 131570107001021 13 131570107001107 13 131570107001107 13 131570107001106 13 131570107001107 13 131570107001107 13 131570107001104 13 131570107001107 13 131570107001107 13 131570107001106 13 131570107001107 13 131570107001107 13 131570107001103 13 131570107001103 13 131570107001103 13 131570107001004 13 131570107001008 13 131570107001008 13 131570107001012 13 131570107001011 13 131570107001012 13 131570107001012 13 131570107001013 13 131570107001012 13 131570107001013 13 131570107001012 13 131570107001013 13 131570107001012 13 131570107001012 13 131570107001015 13 131570107001013 13 131570107001014 13 131570107001080 13 131570107001012 13 131570107001147 13 131570107001014 13 131570107001027 13 131570107001026 13 131570107001025 13 131570107001020 13 131570107001020 13 131570107001033 13 131570107001083 13 131570107001027 13 131570107001028

GEORGIA LAWS 2012 SESSION

5763

131570107021055 131570107021057 131570107021058 131570107021077 131570107021078 131570107021085 131570107021098

131570107021 131570107021 131570107021 131570107021 131570107021 131570107021 131570107021

13157010702 13157010702 13157010702 13157010702 13157010702 13157010702 13157010702

13157 13157 13157 13157 13157 13157 13157

13 131570107001027 13 131570107001027 13 131570107001109 13 131570107001110 13 131570107001110 13 131570107001160 13 131570107001008

AFFIDAVIT OF PUBLICATION

I, Scott Buffington, Publisher of The Jackson Herald, do hereby certify that the copy of the advertisement Public Hearing for Post-Census Reapportionment Redistricting appeared in The Jackson Herald, Jefferson, Georgia on May 4, 11, and 18

s/ SCOTT BUFFINGTON SCOTT BUFFINGTON, Publisher
Subscribed and sworn to before me, this 3 day of June, 2011.
s/ BETTY B. SMALL Notary Public
(SEAL)
PUBLIC HEARINGS
POST-CENSUS REAPPORTIONMENT REDISTRICTING
MEETINGS WILL BE HELD AT 6:00 P.M. AT THE JEFFERSON CIVIC CENTER ON
05-09-2011 AND 05-23-2011
The Mayor and council of the City of Jefferson will be discussing the redistricting of the city's wards as outlined on the proposed map created on 04-07-2011 Plan-05. A copy of the proposed amendment is on file in the office of the clerk for the purpose of examination and inspection by the public.
Filed in the Office of the Secretary of State June 16, 2012. __________

5764

MUNICIPAL HOME RULE ORDINANCES CITY OF DUBLIN REDISTRICTING.

ORDINANCE #11 - 02

AN ORDINANCE TO AMEND THE CHARTER, CITY OF DUBLIN, GEORGIA, ARTICLE III, SEC 3.3, WARD COUNCIL MEMBERS; DESIGNATION, ELECTION, VOTING, SUBSECTION (a) TO REALIGN THE ELECTION DISTRICTS FROM WHICH WARD MEMBERS OF THE CITY COUNCIL ARE ELECTED; TO PROVIDE FOR SEVERABILITY; TO REPEAL CONFLICTING ORDINANCES; TO PROVIDE ADOPTION AND EFFECTIVE DATES; AND FOR OTHER PURPOSES ALLOWED BY LAW.

WHEREAS, the City of Dublin, Georgia desires to ensure that its voting districts are apportioned in compliance with State and Federal law;

WHEREAS, the adoption of this Ordinance will ensure such conformance;

WHEREAS, O.C.G.A. Sections 36-35-4.1 authorizes the City of Dublin, Georgia to reapportion its voting districts by amendment of the City Charter; and

WHEREAS, the health, safety, and welfare of the citizens of Dublin, Georgia, will be positively impacted by the adoption of this Ordinance;

THEREFORE, IT IS HEREBY ORDAINED by the Mayor and Council of the City of Dublin as follows:

Section 1.

Subsection (a) of Section 3.3 of Article III of the Charter, City of Dublin, Georgia, is hereby amended to read as follows:

Section 3.3. - Ward, council members; designation, election, voting.
(a) The four (4) ward council members shall be elected from four (4) separate single member districts called wards and numbered 1, 2, 3, and 4. The boundaries of the wards shall be as follows:

GEORGIA LAWS 2012 SESSION

5765

District 001 Laurens County
Tract: 9503
Blocks

Blocks

Blocks

Blocks

Blocks

Blocks

9503001006 9503001051 9503001068 9503002005 9503002021 9503002037

9503001009 9503001052 9503001069 9503002006 9503002022 9503002038

9503001014 9503001053 9503001070 9503002007 9503002023 9503002039

9503001027 9503001054 9503001071 9503002008 9503002024 9503002040

9503001028 9503001055 9503001072 9503002009 9503002025 9503002041

9503001029 9503001056 9503001073 9503002010 9503002026 9503002042

9503001032 9503001057 9503001074 9503002011 9503002027 9503002043

9503001033 9503001058 9503001076 9503002012 9503002028 9503002044

9503001034 9503001059 9503001086 9503002013 9503002029 9503002045

9503001044 9503001061 9503001088 9503002014 9503002030 9503002046

9503001045 9503001062 9503001089 9503002015 9503002031 9503002047

9503001046 S593001063 9503002000 9503002016 9503002032 9503002048

9503001047 9503001064 9503002001 9503002017 9503002033 9503002049

9503001048 9503001065 9503002002 9503002018 9503002034 9503002050

9503001049 9503001066 9503002003 9503002019 9503002035 9503002051

9503001050 9503001067 9503002004 9503002020 9503002036

Laurens County Tract: 9504
Blocks

Blocks

Blocks

Blocks

Blocks

9504003000 9504003004 9504003007 9504003010 9504003013

9504003001 9504003005 9504003008 9504003011 9504003019

9504003002 9504003006 9504003009 9504003012

Blocks

5766

MUNICIPAL HOME RULE ORDINANCES

Laurens County Tract: 9508
Blocks

Blocks

Blocks

9508003003 9508003005 9508003016

Blocks

Blocks

Blocks

Laurens County Tract: 9509
Blocks

Blocks

Blocks

Blocks

Blocks

Blocks

9509001001 9509001016 9509001028 9509002007 9509002032 9509003007

9509001002 9509001017 9509001029 9509002008 9509002033 9509003008

9509001003 9509001018 9509001030 9509002009 9509002042 9509003013

9509001004 9509001019 9509001031 9509002010 9509002043 9509003014

9509001005 9509001020 9509001032 9509002018 9509002044 9509003015

9509001009 9509001021 9509001033 9509002019 9509002045 9509003025

9509001010 9509001022 9509002001 9509002020 9509002046 9509003026

9509001011 9509001023 9509002002 9509002021 9509003000 9509003027

9509001012 9509001024 9509002003 9509002022 9509003001

9509001013 9509001025 9509002004 9509002029 9509003002

9509001014 9509001026 9509002005 9509002030 9509003005

9509001015 9509001027 9509002006 9509002031 9509003006

District 002 Laurens County
Tract: 9505
Blocks

Blocks

Blocks

Blocks

Blocks

Blocks

9505001000 9505001008 9505001016 9505001024 9505001032 9505002043

9505001001 9505001009 9505001017 9505001025 9505002026 9505002044

GEORGIA LAWS 2012 SESSION

5767

9505001002 9505001010 9505001018 9505001026 9505002027 9505002045 9505001003 9505001011 9505001019 9505001027 9505002028 9505002046 9505001004 9505001012 9505001020 9505001028 9505002029 9505002047 9505001005 9505001013 9505001021 9505001029 9505002030 9505002048 9505001006 9505001014 9505001022 9505001030 9505002031 9505002049 9505001007 9505001015 9505001023 9505001031 9505002033

Laurens County Tract: 9508
Blocks

Blocks

Blocks

Blocks

Blocks

Blocks

9508001000 9508001019 9508001038 9508002016 9508003021 9508003057

9508001001 9508001020 9508001039 9508002017 9508003022 9508003058

9508001002 9508001021 9508001040 9508002018 9508003023 9508003059

9508001003 9508001022 9508002000 9508002019 9508003024 9508003065

9508001004 9508001023 9508002001 9508002020 9508003025 9508003066

9508001005 9508001024 9508002002 9508002021 9508003026 9508003109

9508001006 9508001025 9508002003 9508002022 9508003030 9508003140

9508001007 9508001026 9508002004 9508002023 9508003031 9508003141

9508001008 9508001027 9508002005 9508002024 9508003033 9508003142

9508001009 9508001028 9508002006 9508002025 9508003034 9508003143

9508001010 9508001029 9508002007 9508002026 9508003035 9508003152

9508001011 9508001030 9508002008 9508002027 9508003039 9508003157

9508001012 9508001031 9508002009 9508002028 9508003040 9508003158

9508001013 9508001032 9508002010 9508002029 9508003041 9508003159

9508001014 9508001033 9508002011 9508002030 9508003042 9508004015

9508001015 9508001034 9508002012 9508003006 9508003043 9508004016

5768

MUNICIPAL HOME RULE ORDINANCES

9508001016 9509001035 9508002013 9508003018 9508003044 9508004051 9508001017 9508001036 9508002014 9508003019 9508003053 9508004052 9508001018 9508001037 9508002015 9508003020 9508003054 9508004053

Laurens County Tract: 9509
Blocks

Blocks

Blocks

Blocks

Blocks

Blocks

9509002011 9509002024 9509002037 9509002050 9509003003 9509003018

9509002012 9509002025 9509002038 9509002051 9509003004 9509003019

9509002013 9509002026 9509002039 9509002052 9509003009 9509003020

9509002014 9509002027 9509002040 9509002053 9509003010 9509003021

9509002015 9509002028 9509002041 9509002054 9509003011 9509003022

9509002016 9509002034 9509002047 9509002055 9509003012 9509003023

9509002017 9509002035 9509002048 9509002056 9509003016 9509003024

9509002023 9509002036 9509002049 9509002057 9509003017

District 003 Laurens County
Tract: 9502
Blocks

Blocks

Blocks

Blocks

Blocks

Blocks

9502011003 9502011026 9502011040 9502011054 9502011076 9502021085

9502011004 9502011027 9502011041 9502011056 9502011078 9502021087

9502011005 9502011028 9502011042 9502011057 9502011079 9502021088

9502011007 9502011029 9502011043 9502011058 9502012034 9502021089

9502011008 9502011030 9502011044 9502011061 9502012098 9502021090

9502011009 9502011031 9502011045 9502011062 9502012100 9502021091

9502011011 9502011032 9502011046 9502011063 9502021055 9502021092

GEORGIA LAWS 2012 SESSION

5769

9502011012 9502011033 9502011047 9502011064 9502021067 9502021097 9502011013 9502011034 9502011048 9502011066 9502021071 9502021099 9502011017 9502011035 9502011049 9502011068 9502021072 9502021100 9502011019 9502011036 9502011050 9502011069 9502021073 9502021101 9502011021 9502011037 9502011051 9502011070 9502021081 9502021102 9502011024 9502011038 9502011052 9502011072 9502021082 9502021103 9502011025 9502011039 9502011053 9502011075 9502021084 9502021111

Laurens County Tract:9504
Blocks

Blocks

Blocks

Blocks

Blocks

9504002002 9504002006 9504002015 9504002019 9504002023

9504002003 9504002007 9504002016 9504002020 9504002024

9504002004 9504002011 9504002017 9504002021 9504002028

9504002005 9504002014 9504002018 9504002022

Blocks

Laurens County Tract: 9505
Blocks

Blocks

Blocks

Blocks

Blocks

Blocks

9505002001 9505002018 9505002040 9505003016 9505003044 9505003080

9505002002 9505002019 9505002041 9505003021 9505003045 9505003081

9505002003 9505002020 9505002042 9505003023 9505003064 9505003082

9505002004 9505002021 9505002050 9505003024 9505003065 9505003084

9505002005 9505002022 9505002051 9505003026 9505003066 9505003088

9505002006 9505002023 9505002052 9505003027 9505003067 9505003095

9505002007 9505002024 9505002053 9505003028 9505003068 9505003114

9505002008 9505002025 9505003000 9505003031 9505003069 9505003119

5770

MUNICIPAL HOME RULE ORDINANCES

9505002009 9505002032 9505003001 9505003033 9505003070 9505003120 9505002010 9505002034 9505003002 9505003034 9505003071 9505003121 9505002011 9505002035 9505003003 9505003035 9505003074 9505003122 9505002012 9505002036 9505003006 9505003036 9505003075 9505003128 9505002013 9505002037 9505003008 9505003037 9505003076 9505003129 9505002015 9505002038 9505003011 9505003042 9505003077 9505003131 9505002016 9505002039 9505003012 9505003043 9505003078

Laurens County Tract: 9508
Blocks

Blocks

Blocks

Blocks

Blocks

Blocks

9508003028 9508003060 9508003084 9508003111 9508003126 9508004019

9508003029 9508003061 9508003085 9508003112 9508003127 9508004022

9508003032 9508003063 9508003092 9508003113 9508003138 9508004023

9508003037 9508003070 9508003093 9508003115 9508003146 9508004027

9508003045 9508003071 9508003098 9508003116 9508003147 9508004041

9508003046 9508003073 9508003102 9508003117 9508003148 9508004043

9508003048 9508003074 9508003103 9508003118 9508003149 9508004045

9508003051 9508003079 9508003104 9508003119 9508003151 9508004046

9508003052 9508003082 9508003107 9508003123 9508004018 9508004047

District 004 Laurens County
Tract: 9502.01

Blocks

Blocks

Blocks

Blocks

Blocks

Blocks

9502012005 9502012020 9502012056 9502012069 9502012077 9502012087

9502012006 9502012026 9502012057 9502012070 9502012078 9502012093

GEORGIA LAWS 2012 SESSION

5771

9502012007 9502012027 9502012059 9502012071 9502012079 9502012094 9502012008 9502012051 9502012060 9502012072 9502012080 9502012009 9502012052 9502012061 9502012073 9502012081 9502012010 9502012053 9502012065 9502012074 9502012082 9502012011 9502012054 9502012066 9502012075 9502012083 9502012019 9502012055 9502012068 9502012076 9502012086

Tract:9502.02

Blocks

Blocks

Blocks

Blocks

Blocks

9502022084 9502022085 9502022086 9502022087 9502022106

Blocks

Tract: 9503 Blocks

Blocks

9503001030 9503001060

Blocks

Blocks

Blocks

Blocks

Tract: 9504 Blocks

Blocks

Blocks

Blocks

Blocks

Blocks

9504001000 9504001014 9504002012 9504004003 9504004017 9504004031

9504001001 9504001015 9504002013 9504004004 9504004018 9504004032

9504001002 9504001016 9504002025 9504004005 9504004019 9504004033

9504001003 9504001017 9504002026 9504004006 9504004020 9504004034

9504001004 9504001018 9504002027 9504004007 9504004021 9504004035

9504001005 9504001019 9504003003 9504004008 9504004022 9504004036

9504001006 9504001020 9504003014 9504004009 9504004023 9504004037

9504001007 9504001021 9504003015 9504004010 9504004024 9504004038

9504001008 9504001022 9504003016 9504004011 9504004025 9504004039

9504001009 9504002000 9504003017 9504004012 9504004026

9504001010 9504002001 9504003018 9504004013 9504004027

5772

MUNICIPAL HOME RULE ORDINANCES

9504001011 9504002008 9504004000 9504004014 9504004028 9504001012 9504002009 9504004001 9504004015 9504004029 9504001013 9504002010 9504004002 9504004016 9504004030

Tract: 9505 Blocks
9505002000

Blocks

Blocks

Blocks

Blocks

Blocks

The boundaries of all four (4) wards shall at all times be shown on a map to be retained permanently in the office of the city clerk and to be designated, "Official Map of the Council Wards of the City of Dublin, Georgia." Territory annexed to the City shall become a part of the ward it abuts. If any such annexed territory abuts more than one ward, the dividing line between the wards shall be extended along its present course to make the division.
Section 2.
This ordinance shall be codified in accordance with state law.
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 judgment or decree of any court of competent jurisdiction, such illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and section of this Ordinance.
Section 4.
All ordinances and parts of ordinances in conflict herewith are hereby expressly repealed.
Section 5.
This Ordinance shall be effective immediately upon the City's receipt of correspondence from the United States Department of Justice indicating that the United States department of Justice interposes no objection to the implementation of this Ordinance, provided that, if the City does not receive such correspondence by the 26th day of August, 2011, this Ordinance shall not be effective, and any ordinances in conflict herewith shall remain in effect.

GEORGIA LAWS 2012 SESSION

5773

SO ORDAINED this 16th day of June 2011 by a vote of (6) FOR and (0) AGAINST.

CITY OF DUBLIN, GEORGIA

s/ PHIL BEST Phil Best, Sr., MAYOR

ATTEST:

s/ JOE M. KINARD Joe M. Kinard, City Clerk

AFFIDAVIT OF PUBLISHER

Personally appeared before me, the undersigned officer, duly authorized to administer oaths in said State and County, Georgia, Laurens, who, having been duly sworn, deposes and says that he/she is authorized to make this affidavit, and that the legal notice was published in The Courier Herald, a local newspaper of general circulation in Dublin, Georgia on May 28th, June 4th & June 11th, 2011.

This 13th day of June, 2011.

s/ PAM BURNEY AGENT THE COURIER HERALD

Sworn to and subscribed before me this 13th day of June, 2011 Notary Public s/ SYBIL SCOTT My Commission Expires: My Commission Expires May 14, 2012 [SEAL]

NOTICE OF PROPOSED HOME RULE ORDINANCE AMENDING THE CHARTER OF THE CITY OF DUBLIN, GEORGIA TO REAPPORTION ELECTION DISTRICTS

Notice is hereby given that the Mayor and Council of the City of Dublin, Georgia, is proposing enactment of a Home Rule Ordinance pursuant to O.C.GA. 36-35-3 amending Section 3.3 of Article III of the Charter of the City for the purpose of adopting a districting plan reapportioning election districts from which members of the City Council are elected, based upon publication of the United States Decennial Census of 2010.

5774

MUNICIPAL HOME RULE ORDINANCES

Action on the proposed Ordinance will occur at two consecutive regular meetings of the Mayor and City Council on Thursday, June 2, 2011 and Thursday, June 16, 2011. Both meetings will be held in the City Council chamber, located on the first floor of the Dublin City Hall, 100 South Church Street, Dublin, Georgia 31021, at 5:30 p.m. All council meetings are open to the public.

Copies of the proposed Ordinance are available for inspection and copying in the Dublin City Clerk's office 100 South Church Street, Dublin, Georgia during regular business hours, and in the office of the Clerk of the Laurens County Superior Court, Laurens County Courthouse, Dublin, Georgia.

Following final adoption, the Ordinance will be submitted to the U.S. Department of Justice, Civil Rights Division, Voting Rights Section, for review under 5 of The Voting Rights Act, as amended.

COMMENTS FROM THE PUBLIC ARE WELCOME!

Joe Kinard Dublin City Clerk 100 S. Church Street Dublin, Ga. 31021 (478) 272-1620

Filed in the Office of the Secretary of State June 21, 2011. __________

CITY OF CORDELE REDISTRICTING.

0-11-15

ORDINANCE

AN ORDINANCE AMENDING THE CHARTER OF THE CITY OF CORDELE, GEORGIA PURSUANT TO THE AUTHORITY GRANTED IN O.C.G.A. SECTION 36-35-4.1 IN ACCORDANCE WITH THE PROCEDURES SET FORTH AT O.C.G.A. SECTION 36-35-3(b)(1) AND SECTION 6.01(c) OF THE CHARTER FOR THE CITY OF CORDELE, GEORGIA TO REAPPORTION MUNICIPAL ELECTION DISTRICTS BASED UPON PUBLICATION OF THE UNITED STATES DECENNIAL CENSUS OF 2010; TO ESTABLISH NEW ELECTION DISTRICT BOUNDARIES IN COMPLIANCE WITH THE REQUIREMENTS OF THE UNITED STATES CONSTITUTION AND PERTINENT LAWS; GOVERNING FUTURE ELECTIONS FOR

GEORGIA LAWS 2012 SESSION

5775

MEMBERS OF THE CITY COMMISSION FOR THE CITY OF CORDELE, GEORGIA; TO ESTABLISH AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

BE IT ORDAINED BY THE CITY COMMISSION FOR THE CITY OF CORDELE, GEORGIA, AND IT IS ESTABLISHED AS FOLLOWS:

1.

The Charter of the City of Cordele, Georgia is hereby amended at Sec. 2.10(b), CITY COMMISSION WARDS; ADJUSTMENT OF WARDS, pursuant to the authority of O.C.G.A. Section 36-35-4.1 through adoption of this Home Rule Ordinance, enacted in accordance with the requirements of O.C.G.A. Section 36-35-3(b)(1), for purposes of reapportioning the municipal election districts of the city following publication of the U.S. Decennial Census of 2010. There is hereby adopted that certain legislative reapportionment plan/map attached hereto as Exhibit "A", which by reference is incorporated as if fully set out herein. Said plan sets forth and defines the boundaries of wards 1 through 4 in said city as more particularly described on Exhibit "B" attached hereto which Exhibit "B" by reference is incorporated as if fully set out herein.

2.

For point of reference, attached hereto as Exhibit "C" which by reference is incorporated as if fully set out herein, is a map which shows the previous boundaries and populations of the four wards in the City of Cordele and which also shows the total population in each ward, the deviation from the optimal population, the racial makeup of such population and such map shows the boundaries of the wards and their populations prior to the adoption of this ordinance.

3.

Upon final adoption of this ordinance, the chairman shall sign and date an original ordinance with the above exhibits attached thereto and the same shall be attested by the city clerk. The original shall be maintained for public inspection and copying in the office of the city clerk; and a copy thereof published as an appendix to the City Charter.

4.

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.

5776

MUNICIPAL HOME RULE ORDINANCES 5.

The requirements of O.C.G.A. Section 36-35-3(b)(1) and O.C.G.A. Section 36-35-5 shall be accomplished by the city attorney.

6.

The required notice containing a synopsis of the charter amendment contained in this ordinance has appeared in the Cordele Dispatch, and a copy of such notice and the Publishers Affidavit of Publication are attached hereto and made a part hereof.

7.

This ordinance shall become effective upon final adoption and signing by the chairman and filings accomplished as provided by O.C.G.A. Section 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 June 7, 2011.

Read, approved and adopted at the regular meeting of the Cordele City Commission on July 12, 2011.

CORDELE CITY COMMISSION

ATTEST:

BY: s/ ZACK H. WADE Zack H. Wade, Chairman

s/ EDWARD BEACH Edward Beach, City Clerk

EXHIBIT "A"

[MAP]

GEORGIA LAWS 2012 SESSION EXHIBIT "B"

5777

CITY OF CORDELE

WARD BOUNDARIES (PROPOSED)

June 7, 2011

WARD 1

ALL PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF CORDELE BOUNDED SOUTH BY 17TH AVENUE; AND EAST BY 6TH STREET RUNNING NORTH FROM 17TH AVENUE TO ITS INTERSECTION WITH U.S. HIGHWAY 41 NORTH; THENCE NORTHWARD FOLLOWING THE CITY LIMITS

WARD 2

ALL PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF CORDELE BOUNDED NORTH BY 17TH AVENUE; AND EAST BY 8TH STREET FROM 17TH AVENUE SOUTHWARD TO ITS INTERSECTION WITH 28TH AVENUE; THENCE WESTWARD FOLLOWING THE CITY LIMITS

WARD 3

ALL PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF CORDELE BOUNDED SOUTH BY 18TH AVENUE; AND RUNNING EASTWARD FROM 6TH STREET TO PECAN STREET, THENCE NORTHWARD ALONG PECAN STREET TO 16TH AVENUE, THENCE EASTWARD ALONG 16TH AVENUE; AND BOUNDED WEST BY 6TH STREET RUNNING NORTHWARD FROM 18TH AVENUE TO ITS INTERSECTION WITH OAKLAND AVENUE; THENCE EASTWARD FOLLOWING THE CITY LIMITS

WARD 4

ALL PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF CORDELE BOUNDED NORTH BY 17TH AVENUE RUNNING EASTWARD FROM 8TH STREET TO 6TH STREET, THENCE SOUTHWARD ALONG 6TH STREET TO 18TH AVENUE, THENCE EASTWARD ALONG 18TH AVENUE TO PECAN STREET, THENCE NORTHWARD ALONG PECAN STREET TO 16TH AVENUE, THENCE EASTWARD ALONG 16TH AVENUE; AND BOUNDED WEST BY 8TH STREET RUNNING

5778

MUNICIPAL HOME RULE ORDINANCES

SOUTHWARD FROM 17TH AVENUE TO 28TH AVENUE; THENCE EASTWARD FOLLOWING THE CITY LIMITS

EXHIBIT "C"

[MAP]

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 12th day of July, 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 14th day of July, 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 the Honorable Jean H. Rogers, Clerk, Crisp County Superior Court, P.O. Box 747, Cordele, Georgia 31010 in properly addressed envelope with sufficient postage affixed thereon to ensure delivery through the United States Postal Service.

This 15th day of July, 2011.

GEORGIA LAWS 2012 SESSION
s/ EDWIN T. COTTON Edwin T. Cotton City Attorney City of Cordele

5779

STATE OF GEORGIA COUNTY OF CRISP

AFFIDAVIT

Before the undersigned Notary Public in and for said State personally appeared PEGGY KING, Publisher for the Cordele Dispatch, a newspaper in which legal advertising appeared for the Cordele Dispatch and who further states that the attached advertising is and was published in said newspaper on the following dates: June 19, 26 & July 3, 2011.

RE: Synopsis of Proposed Amendment to Charter the City of Cordele

Peggy King Publisher s/ PEGGY KING

Notary Public s/ PATRICIA G. STEWART Notary Public, Crisp County, Georgia My Commission Expires April 9, 2012 [SEAL]

NOTICE

SYNOPSIS OF PROPOSED AMENDMENT 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 o 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 June 7, 2011 and to be adopted in final form at its regular public meeting on July 5, 2011.

1. Reapportionment of Municipal Election Wards Based Upon Publication of the United State Decennial Census of 2010.

5780

MUNICIPAL HOME RULE ORDINANCES

Article 2.10(b) of the Charter of the City of Cordele will be amended as to the descriptions of the our wards of the city as provided in said Charter and to substitute in the place thereof the description of the four wards as reapportioned in compliance with the publication of the U.S. Decennial Census of 2010 as shown on the plan/map attached to said Amendment as Exhibit "A" and as stated on Exhibit "B" attached to said Amendment.

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 15th day of June, 2011.

CORDELE CITY COMMISSION BY: ZACK H. WADE, CHAIRMAN EDWIN T. COTTON CITY ATTORNEY COTTON LAW FIRM, P.C. P.O. BOX 897 CORDELE, GA 31010 23564185 06/19,26;07/03/11

Filed in the Office of the Secretary of State June 20, 2011. __________

CITY OF CHATTAHOOCHEE HILLS REDISTRICTING.

STATE OF GEORGIA COUNTY OF FULTON

ORDINANCE NO. 11-06-85

ORDINANCE AMENDING THE CHARTER OF THE CITY OF CHATTAHOOCHEE HILLS BY DELETING APPENDIX "B" OF THE CHARTER IN ITS ENTIRETY AND REPLACING IT WITH A REVISED APPENDIX "B" ADOPTED BY THE CITY COUNCIL UNDER THE HOME RULE POWERS FOUND IN O.C.G.A. SECTIONS 36-35-3(b) AND 36-5-4.1 TO REAPPORTION THE CITY COUNCIL DISTRICTS 1 THROUGH 5 PURSUANT TO THE RESULTS OF

GEORGIA LAWS 2012 SESSION

5781

THE 2010 DECENNIAL CENSUS CONDUCTED BY THE UNITED STATES CENSUS BUREAU AND AS OTHERWISE REQUIRED BY LAW

WHEREAS, the City of Chattahoochee Hills, Georgia (the "City") was duly created in 2007 and has validly existed as a municipal corporation of the State of Georgia since its incorporation; and

WHEREAS, the City's Charter, Section 2.01(a) establishes the City Council which is composed of five members; and

WHEREAS, the City's Charter, Section 2.01(c) establishes a separate district for each of the five members of the City Council; and

WHEREAS, the United States Census Bureau recently published the 2010 Decennial Census for the United States, the State of Georgia, and for the City; and

WHEREAS, the 2010 Decennial Census shows that the respective City Council districts are mal-apportioned and that the various district lines must be re-drawn to comply with the one person-one vote requirements of the United States Constitution;

WHEREAS, the law in Georgia requires that the reapportionment be limited to adjusting the boundary lines of the existing districts only to the extent reasonably necessary to comply with the one person-one vote requirements; and

WHEREAS, Section 2 of the 1965 Voting Rights Act requires that a redistricting plan not have the purpose or the effect of diluting minority representation; and

WHEREAS, the United States Department of Justice must review and approve the plan and grant preclearance to the plan before the reapportionment can take effect; and

WHEREAS, if for any reason the United States Department of Justice rejects the plan or fails to timely approve the plan, the amendment shall be null and void and the current City Council districts shall remain as drawn until such time as a reapportionment plan is properly adopted and approved and until such time as a reapportionment plan can be implemented as provided by law; and

WHEREAS, the adoption of the amendment is allowed to be accomplished through local ordinance according to the provisions of Article IX, Section II, Paragraph II of the Constitution of the State of Georgia entitled Home Rule for Municipalities, and O.C.G.A. 36-35-3 and 36-35-4.1; and

5782

MUNICIPAL HOME RULE ORDINANCES

WHEREAS, a synopsis of the proposed ordinance was advertised as required by law; and

WHEREAS, the proposed ordinance was kept on file in the office of the Clerk of the City of Chattahoochee Hills, Georgia and in the office of the Clerk of the Superior Court of Fulton County, Georgia and made available to the public by the recording officer of the municipal governing authority; and

WHEREAS, the proposed ordinance was read at two regular consecutive City Council meetings and duly adopted therein.

BE IT ORDAINED by the City Council of the City of Chattahoochee Hills while in a regular council meeting as follows:

SECTION 1: The current Appendix "B" of the Charter of Chattahoochee Hills is hereby deleted in its entirety.

SECTION 2: The following is adopted to replace Appendix "B" of the Charter of Chattahoochee Hills:

APPENDIX B

Council Districts

Council Districts 1 through 5 shall consist of the described territory of the City of Chattahoochee Hills as found below. All references to Block Groups are to the 2010 Decennial Census provided in the report of the United States Census Bureau for the State of Georgia.

Any part of the City of Chattahoochee Hills which is not included in any such district described herein shall be included within the district contiguous to such part which contains the least population according to the 2010 Decennial Census. Nevertheless, any part of the City of Chattahoochee Hills which is described herein as being in a particular district shall not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall be included with that district contiguous to such part which contains the least population according to the 2010 Decennial Census.

Any Block Group that is not located in the City of Chattahoochee Hills shall not be included in any district notwithstanding that such Block Group is identified herein and placed in a district. Any portion of a Block Group that is not located in the City of Chattahoochee Hills shall not be included in any district notwithstanding that such Block Group is identified

GEORGIA LAWS 2012 SESSION

5783

herein and placed in a district. The portion of such a Block Group that is located in the City of Chattahoochee Hills shall remain in the district set forth herein.

In the event that the United States Department of Justice has not granted preclearance to the redistricting plan as proffered and set forth herein by the first date of qualifying for the 2011 Municipal Elections for the City of Chattahoochee Hills, then the districts for the five City Councilmembers shall not be altered from those districts that existed immediately prior to those described herein. In such event, this Appendix shall be null and void and the Appendix B that existed immediately preceding this Appendix shall be revived in full.

DISTRICT 1 1057 1058 1064 1065 1066 1068 1069 1070 1071 1079 1080 1081 1083 1084 1085 1097 3024

2010 CENSUS BLOCKS PER DISTRICT

DISTRICT 2 DISTRICT 3 DISTRICT 4

1009

1012

1091

1010

1013

1092

1011

1014

1093

1022

1015

1095

1025

1016

1099

1026

1017

1100

1072

1018

1101

1073

1019

1115

1074

1020

2000

1075

1021

2002

1076

1023

2005

1077

1024

2006

1078

1029

2007

3001

1030

2008

3002

1031

2009

3022

1032

2010

3023

1033

2011

DISTRICT 5 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1105 1106 1107 1111

5784

MUNICIPAL HOME RULE ORDINANCES

3025 3026 3037

3032

1034 1035 1036 1037 1051 1052 1053 1055 1056 1059 1060 1090 1096 1110 1114 1116

2012 2013 2014 2015 2031 2036 2040 2050 2055 2057 2058 2059 3061 3071

1112 1113 1117 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2045 2046 2047 2048 2056

SECTION 3: The City Attorney is hereby instructed to forward a copy of this ordinance to the United States Department of Justice for purposes of preclearance.
ORDAINED this the 7th day of June, 2011.

Attest:

GEORGIA LAWS 2012 SESSION
s/ D.L. HAYES D.L. Hayes, Mayor

5785

s/ DANA WICHER Dana Wicher, City Clerk (SEAL)

CITY OF CHATTAHOOCHEE HILLS, GEORGIA

CERTIFICATE

I, Dana Wicher, City Clerk and Custodian of Records for the City of Chattahoochee Hills, certify that the attached are true and correct copies of the Ordinance No. 11-06-85, An Ordinance Amending the Charter of the City of Chattahoochee Hills by Deleting Appendix "B" of the Charter in its Entirety and Replacing it with a Revised Appendix "B" Adopted by the City Council Under the Home Rule Powers Found in O.C.G.A. Sections 36-35-3(b) and 36-5-4.1 to Reapportion the City Council Districts 1-5 Pursuant to the Results of the 2010 Decennial Census Conducted by the United States Census Bureau and as Otherwise Required by Law, which was adopted during a regular meeting by the Mayor and City Council of the City of Chattahoochee Hills, Georgia on June 7, 2011. The originals of these documents are on file in the office of the City Clerk of the City of Chattahoochee Hills, Ga.

Dated this 4th day of August, 2011.

(SEAL)

s/ DANA WICHER Dana Wicher City Clerk

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF FULTON Re:1694038

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,

5786

MUNICIPAL HOME RULE ORDINANCES

and that the publication, of which the annexed is a true copy, was published in said newspaper as provided by law on the following dates:

05/10/2011, 05/17/2011, 05/24/2011 s/ PATRICE GRANT Patrice Grant (Agent)

s/ K. MOSLEY

Kaweemah Mosley (Notary Public)

(SEAL)

Subscribed and sworn to before me this 05/10/2011, 05/17/2011, 05/24/2011 of May, 2011.

NOTICE OF PROPOSED CHARTER AMENDMENT CITY OF CHATTAHOOCHEE HILLS At its May 3, 2011 and June 7, 2011 regular meetings, the Mayor and City Council of Chattahoochee Hills shall consider an ordinance amending the Charter of the City of Chattahoochee Hills by deleting Appendix "B" of the Charter in its entirety and replacing it with a revised Appendix "B" to be adopted by the City Council under the Home Rule Powers found in O.C.G.A. Sections 36-35-3(b) and 36-5-4.1 to reapportion the City Council Districts 1 through 5 pursuant to the results of the 2010 Decennial Census conducted by the United States Census Bureau and as otherwise required by law. A copy of the proposed amendment is on file in the office of the City Clerk for Chattahoochee Hills and in the office of the Fulton County Superior Court Clerk for the purpose of examination and inspection by the public.

Filed in the Office of the Secretary of State August 10, 2011. __________

CITY OF MAYSVILLE REDISTRICTING.

FIRST READING: SECOND READING: PUBLISHED: FINAL PASSAGE:

June 6, 2011 July 5, 2011 June 8, 2011 July 5, 2011

ORDINANCE NO. 2011-002

AN ORDINANCE TO REAPPORTION THE ELECTION DISTRICTS OF THE CITY OF MAYSVILLE, GEORGIA AND AMEND THE CHARTER OF THE CITY OF MAYSVILLE IN ACCORDANCE WITH O.C.G.A. 36-35-4.1 AND PURSUANT TO O.C.G.A. 36-35-3, IN ORDER TO DEFINE AND REVISE THE BOUNDARY LINES OF SUCH VOTING DISTRICTS, KNOWN AS WARDS; TO PROVIDE FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES

GEORGIA LAWS 2012 SESSION

5787

WHEREAS, the City of Maysville, Georgia, pursuant to its Charter as adopted and amended, by the General Assembly of the State of Georgia at H.B. No. 961, Act No. 593, approved June 2, 2010, and amended at H.B. No. 108, Act No. 5, approved March 15, 2011, is divided for the purposes of election into four different voting districts, or Wards, being Ward No. 1, Ward No. 2, Ward No. 3, and Ward No. 4; and,

WHEREAS, O.C.G.A. 36-35-4.1 authorizes the City of Maysvile to amend the Charter to reapportion the election districts from which members of the Maysville City Council are elected following publication of any United States decennial census; and,

WHEREAS, the United States Decennial Census of 2010 has been received by the City of Maysville, and has been reviewed, and warrants and requires the reapportion of the election districts of the City of Maysville to meet the requirements of federal and state law; and,

WHEREAS, it is in the best interests of the citizens of Maysville that the districts be reapportioned and the Charter amended; and,

WHEREAS, O.C.G.A. 36-35-4.1 authorizes such reapportionment pursuant to the provisions of 36-35-3; and,

WHEREAS, the City Council of Maysville, Georgia does desire to adopt this Ordinance in order to amend its Charter to reapportion such districts in compliance with the laws of the State of Georgia and the United States of America;

IT IS HEREBY ORDAINED BY THE GOVERNING AUTHORITY OF THE CITY OF MAYSVILLE:

SECTION 1. RECITALS

All of the foregoing recitals of this Ordinance are incorporated herein by reference thereto and made a part of this Ordinance.

SECTION 2. REAPPORTIONMENT OF ELECTION DISTRICTS

(a) The City Council of Maysville, Georgia, does hereby amend the Charter and reapportion and divide the limits of the City of Maysville into four voting districts or wards, to be designated Ward 1, Ward 2, Ward 3, and Ward 4, and the district boundaries of each Ward shall be and correspond to those four numbered districts described in and attached to and made a part of this Ordinance and further identified as Redistricting Plan Components Report; June 6, 2011 Plan Maysville Wards, a copy of which Plan is attached hereto as Exhibit A and hereby made a part hereof.

5788

MUNICIPAL HOME RULE ORDINANCES

(b) When used in such attachment or in this Ordinance, 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 2010 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 2010 for the state of Georgia. Any part of the City of Maysville which is not included in any such district described in the attachment shall be included within that district contiguous to such part which contains the least population according to the United States Decennial Census of 2010 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 non-contiguous 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 2010 for the State of Georgia.

SECTION 3. CERTIFICATION BY THE CLERK

Further, the City Council hereby authorizes and directs the City Clerk of Maysville, Georgia, to certify this Ordinance and its attachments, and have a certified copy of this Ordinance and its attachments filed with the required and appropriate departments or offices of the State of Georgia or the United States of America.

SECTION 4. EFFECTIVE DATE

This Ordinance is effective upon final passage.

SECTION 5. REPEAL

All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict.

SO ORDAINED this 5th day of July, 2011.

MAYSVILLE CITY COUNCIL

By: s/ JERRY BAKER Mayor

s/ CLAY DORSEY Council Person

GEORGIA LAWS 2012 SESSION
s/ STEPHAN M. LEWIS Council Person

5789

s/ LYNN Y. VILLYARD Council Person

Attest: s/ BARBARA THOMAS Barbara Thomas, City Clerk

____________________ Council Person

CLERK'S CERTIFICATION

I, Barbara Thomas, City Clerk of the City of Maysville, Georgia, and pursuant to the direction and authorization of the City Council of the City of Maysville, Georgia, hereby certify that this copy of this Ordinance and all attachments to said Ordinance, is true, correct and accurate.

s/ BARBARA THOMAS Barbara Thomas, City Clerk City of Maysville, Georgia

[AFFIX MUNICIPAL SEAL]

Signed, sealed and delivered in the presence of: s/ DEBRA COCHRAN Notary Public My commission expires: [SEAL]

First Reading: Second Reading: Final Passage:

June 6, 2011 July 5, 2011 July 5, 2011

5790

MUNICIPAL HOME RULE ORDINANCES

Redistricting Plan Components Report JUNE 6, 2011 Plan - Maysville Wards

Ward 1 Banks County
Tract: 9703 BG: 2 2092, 2052, 2137, 2058, 2082, 2093, 2048, 2056, 2094, 2047, 2050, 2044, 2045, 2051, 2054, 2059, 2053, 2049 and a portion of 2043 as annexed by and described in Ordinance 2011-001 adopted by Maysville City Council May 2, 2011.

Ward 2 Banks County
Tract: 9703 BG: 2 2116, 2105, 2032, 2110, 2106, 2031, 2099, 2109, 2034, 2100, 2136, 2096, 2097, 2102, 2138, 2118, 2122, 2117, 2101, 2103, 2104, 2119, 2115, 2120, 2121

Jackson County Tract: 102 BG: 1 1039

Ward 3 Jackson County
Tract: 102 BG: 1 1068, 1041, 1107, 1042, 1038, 1037, 1043

Ward 4 Banks County
Tract: 9703 BG: 2 2107, 2089, 2091, 2085, 2083, 2098, 2046, 2090, 2108, 2087, 2140, 2088, 2086, 2084

Jackson County Tract: 102 BG: 1 1036, 1108, 1110, 1035, 1008, 1013, 1032, 1072, 1014, 1018, 1011, 1003, 1033, 1028, 1029, 1034, 1015, 1112, 1004, 1017, 1009, 1040, 1109, 1021, 1030, 1114, 1023, 1031, 1115, 1006, 1005, 1012

GEORGIA LAWS 2012 SESSION AFFIDAVIT OF PUBLICATION

5791

I, Scott Buffington, Publisher of The Jackson Herald, do hereby certify that the copy of the advertisement
City of Maysville

appeared in The Jackson Herald, Jefferson, Georgia on 6/8 - Page 3A 6/15 Page 3A 6/22 Page 3A

s/ SCOTT BUFFINGTON Scott Buffington, Publisher

Subscribed and sworn to before me, this 5 day of August, 2011.

s/ MARY K. WILSON Notary Public [SEAL]

NOTICE REGARDING AMENDMENT OF
MAYSVILLE CHARTER

Notice is given that the City Council of Maysville has conducted a first reading on an Ordinance to Reapportion the Election Districts of the City of Maysville, Georgia, and amend the Charter of the City of Maysville in accordance with O.C.G.A. 36-35-4.1 and pursuant to O.C.G.A. 36-35-3. A copy of the proposed Ordinance is on file in the office of the Clerk of the City of Maysville and in the office of the Clerk of the Superior Court of Banks and Jackson Counties for the purpose of examination and inspection by the public. A second and final reading on said Ordinance is scheduled at the next regularly scheduled meeting of the Maysville City Council, currently scheduled for July 5, 2011, at 7:00 p.m.

Filed in the Office of the Secretary of State August 18, 2011. __________

CITY OF CHAMBLEE REDISTRICTING

ORDINANCE NO. 637

AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF CHAMBLEE, GEORGIA, ARTICLE 3, BOARD OF MAYOR AND COUNCIL MEMBERS,

5792

MUNICIPAL HOME RULE ORDINANCES

SECTION 1.1 "ELECTION DISTRICTS" TO PROVIDE FOR REAPPORTIONED ELECTION DISTRICTS DUE TO ANNEXATION OF PROPERTY AND FOR ALL OTHER LAWFUL PURPOSES.

BE IT ORDAINED AND IT IS HEREBY ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CHAMBLEE, GEORGIA THAT THE PROVISIONS OF ARTICLE 3, SECTION 1.1 OF THE CHARTER OF THE CITY OF CHAMBLEE SHALL BE AMENDED BY DELETING SAID SECTION 1.1 IN ITS ENTIRETY AND SUBSTITUTING IN LIEU THEREOF A NEW SECTION 1.1 WHICH NEW SECTION SHALL READ AS FOLLOWS:

SECTION 1.1 Election districts.

The corporate area of the City of Chamblee is divided into three districts for the purpose of electing council members from each such district. For such purposes, said districts are to be known as Election Districts and are to be numbered Election Districts 1, 2 and 3 respectively. Two council members shall be elected from the city at large.
(1) Election District 1 shall include the area lying within the following described lines and boundaries: Beginning at the point where the west line of Land Lot 278 of the 18th District of DeKalb County intersects the centerline of Peachtree Road; thence northerly along the west line of Land Lot 278 of said 18th District and continuing northerly also along the west line of Land Lot 300 of said 18th District, and also along the west line of Land Lot 307 of said 18th District to the point where the centerline of Harts Mill Road intersects the western line of Land Lot 307 of the 18th District; running thence in a northerly, easterly and northeasterly direction along the center line of Harts Mill Road following the curvature thereof to the point where the centerline of Harts Mill Road would intersect the centerline of Chamblee-Dunwoody Road, if the centerline of Harts Mill Road was extended easterly in a straight line; thence southerly along the centerline of Chamblee-Dunwoody Road to the point where the centerline of Chamblee-Dunwoody Road intersects the centerline of Peachtree Boulevard; thence continuing northeasterly from said point of intersection along the centerline of Peachtree Boulevard to a point where said centerline would intersect the corporate limit line which existed prior to the 2011 annexation if said prior corporate limit line was extended southerly in a straight line, thence northerly along said prior corporate limit line to a point where the prior corporate limit line intersects the centerline of Admiral Drive; thence continuing northeasterly and northerly from said point of intersection along the centerline of Admiral Drive to the point where the centerline of Admiral Drive would intersect the centerline of Ellwyn Drive if the centerline of Ellwyn Drive was extended southwesterly in a straight line; thence northeasterly along the centerline of Ellwyn Drive to the point where the centerline of Ellwyn Drive would intersect the centerline of North Shallowford Road if the centerline of Ellwyn Drive was extended northeasterly in a straight line;

GEORGIA LAWS 2012 SESSION

5793

thence southeasterly along the centerline of North Shallowford Road to the point where the centerline of North Shallowford Road intersects the centerline of North Peachtree Road; thence continuing southeasterly along the centerline of North Peachtree Road to the point where the centerline of North Peachtree Road would intersect the centerline of North Shallowford Road if the centerline of North Shallowford Road was extended westerly in a straight line; thence continuing easterly from said point of intersection along the centerline of North Shallowford Road to a point where the centerline of North Shallowford Road would intersect the centerline of Peachtree Road if both the centerline of North Shallowford Road and the centerline of Peachtree Road were extended in a straight line; thence continuing southerly from said point of intersection along the extended centerline and centerline of Peachtree Road to the point where the centerline of Peachtree Road intersects the existing eastern corporate limit line; thence continuing easterly and southerly along the eastern corporate limit line to a point where the centerline of Chamblee-Dunwoody Road would intersect said eastern corporate limit line if the centerline of Chamblee-Dunwoody Road was extended in a straight line in an easterly direction; thence westerly and northwesterly along the centerline of Chamblee-Dunwoody Road to a point where the centerline of Chamblee-Dunwoody Road would intersect the centerline of Peachtree Road if Peachtree Road was on the same grade as Chamblee-Dunwoody Road rather than being elevated above the roadbed of Chamblee-Dunwoody Road, thence continuing westerly from said point of intersection along the centerline of Peachtree Road to the point where the centerline of Peachtree Road would intersect the centerline of Pierce Drive if the centerline of Pierce Drive was extended southerly in a straight line; thence continuing northerly and westerly from said point of intersection along the centerline of Pierce Drive to the intersection of the centerline of Pierce Drive and the centerline of Peachtree Boulevard; thence continuing westerly and southwesterly along the centerline of Peachtree Boulevard to a point where the centerline of Peachtree Boulevard would intersect the center line of Peachtree Road if the centerline of Peachtree Boulevard was extended southwesterly in a straight line; thence westerly from said point of intersection along the centerline of Peachtree Road to the point where the west line of Land Lot 278 of the 18th District of DeKalb County intersects the centerline of Peachtree Road, this point being the point of beginning in this description of Election District 1.

(2) Election District 2 shall include the area lying within the following described lines and boundaries: Beginning at the point where the centerline of Peachtree Boulevard intersects the centerline of Chamblee-Dunwoody Road; thence continuing northerly from said point of intersection along the centerline of Chamblee-Dunwoody Road to a point where the centerline of Chamblee-Dunwoody Road would intersect the southerly right-of-way line of Interstate Highway 285; running thence easterly and southeasterly along the southerly right-of-way line of Interstate Highway 285 to the point where the southerly right-of-way line of Interstate Highway 285 intersects Land Lot Line 334-335;

5794

MUNICIPAL HOME RULE ORDINANCES

thence southerly from said point of intersection and following the northeastern corporate limit line in all its courses, distances, curves and meanderings so as to reach a point where the said corporate limit line reaches the centerline of North Shallowford Road; thence westerly along the centerline of North Shallowford Road to a point where the centerline of North Shallowford Road would intersect the centerline of North Peachtree Road if the centerline of North Shallowford Road was extended westerly in a straight line; thence from said point of intersection northwesterly along the centerline of North Peachtree Road to the point where the centerline of North Peachtree Road intersects the centerline of North Shallowford Road; thence northwesterly along the centerline of North Shallowford Road to the point where the centerline of North Shallowford Road would intersect the centerline of Ellwyn Drive if the centerline of Ellwyn Drive was extended northeasterly in a straight line; thence southwesterly along the centerline of Ellwyn Drive to the point where the centerline of Ellwyn Drive would intersect the centerline of Admiral Drive if the centerline of Ellwyn Drive was extended southwesterly in a straight line; thence southwesterly from said point of intersection along the centeriine of Admiral Drive to a point where it would intersect the corporate limit line which existed prior to the 2011 annexation, thence along said prior corporate limit line to a point where the prior corporate limit line would intersect the centerline of Peachtree Boulevard if said prior corporate limit line was extended southerly in a straight line; thence from said point of intersection westerly along the centerline of Peachtree Boulevard to the point where the centerline of Peachtree Boulevard intersects the centerline of Chamblee-Dunwoody Road, this point being the point of beginning in this description of Election District 2.

(3) Election District 3 shall include the area lying within the following described lines and boundaries: Beginning at the point where the west line of Land Lot 278 of the 18th District of DeKalb County intersects the centerline of Peachtree Road; thence southwesterly from said intersection along the centerline of Peachtree Road to the point where the western corporate limit line intersects the centerline of Peachtree Road; thence in an easterly and southerly direction and following the said corporate limit line of the City of Chamblee in all its courses, distances, curves and meanderings so as to reach a point where said corporate limit line turns in a northerly direction and continuing in a northerly direction to a point where the corporate limit line would intersect the centerline of Chamblee-Dunwoody Road, if the centerline of Chamblee-Dunwoody Road was extended in a straight line in an easterly direction; thence westerly and northwesterly along the centerline of Chamblee-Dunwoody Road to a point where the centerline of Chamblee-Dunwoody Road would intersect the centerline of Peachtree Road if Peachtree Road was on the same grade as Chamblee-Dunwoody Road rather than being elevated above the roadbed of Chamblee-Dunwoody Road, thence westerly from said point of intersection along the centerline of Peachtree Road to the point where the centerline of Peachtree Road would intersect the centerline of Pierce Drive if the centerline of Pierce Drive was extended southerly in a straight line; thence continuing northerly and westerly

GEORGIA LAWS 2012 SESSION

5795

from said point of intersection along the centerline of Pierce Drive to a point where the centerline of Pierce Drive intersects the centerline of Peachtree Boulevard, thence westerly and southwesterly from said point of intersection to the point where the centerline of Peachtree Boulevard would intersect the centerline of Peachtree Road if the centerline of Peachtree Boulevard was extended in a straight line in a southwesterly direction; thence westerly from said intersection along the centerline of Peachtree Road so as to reach a point where the west line of Land Lot 278 of the 18th District of DeKalb County intersects the centerline of Peachtree Road, this point being the point of beginning in this description of Election District 3.

The foregoing was proposed by Council member Robson with a motion that the same be adopted. Said motion was seconded by Council member Zanger. Same was then put to a vote and 4 Council members voted in favor of the Ordinance and 0 Council members voted against the Ordinance. Said motion was thereupon declared passed and duly adopted this 21 day June, 2011.

s/ NANCY WILLIAMS Nancy Williams, CMC City Clerk, City of Chamblee, Georgia

Approved this 21 day of June, 2011.

s/ R. ERIC CLARKSON The Honorable R. Eric Clarkson Mayor, City of Chamblee, Georgia

Approved as to form:

s/ JOE FOWLER City Attorney

First reading Second reading

May 17, 2011 June 21, 2011

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,

5796

MUNICIPAL HOME RULE ORDINANCES

County of DeKalb, State of Georgia, and being the official organ for the publication of legal advertisements for said county, who being duly sworn, states on oath that the report of

Notice of Proposed Amendment to the Charter of the City of Chamblee,GA

Article 3, Section 1.1 of the Charter

was published in said newspaper on the following date(s):

05/19/11

s/ CAROLYN JERNIGAN GLENN Carolyn J. Glenn, Publisher . Sworn to and subscribed before me this 22th day of June, 2011

s/ JACQUELINE BRYANT

Notary Public

(SEAL)

My commission expires September 22, 2014

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

Notice of Proposed Amendment to the Charter of the City of Chamblee,GA

Article 3, Section 1.1 of the Charter

was published in said newspaper on the following date(s):

05/26/11

s/ CAROLYN JERNIGAN GLENN Carolyn J. Glenn, Publisher

GEORGIA LAWS 2012 SESSION
Sworn to and subscribed before me this 22th day of June, 2011

5797

s/ JACQUELINE BRYANT

Notary Public

(SEAL)

My commission expires September 22, 2014

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

Notice of Proposed Amendment to the Charter of the City of Chamblee,GA

Article 3, Section 1.1 of the Charter

was published in said newspaper on the following date(s):

06/02/11

s/ CAROLYN JERNIGAN GLENN Carolyn J. Glenn, Publisher . Sworn to and subscribed before me this 22th day of June, 2011

s/ JACQUELINE BRYANT

Notary Public

(SEAL)

My commission expires September 22, 2014

Notice of Proposed Amendment to the Charter of the City of Chamblee, GA

Notice is hereby given that an ordinance has been introduced to amend the Charter of the City of Chamblee Georgia (Ga. L. 1935 p. 976 et seq., approved March 28, 1935) so as to amend Article 3, Section 1.1 of the Charter so as to reapportion election districts, to repeal conflicting portions of the Charter and for all other lawful purposes.

5798

MUNICIPAL HOME RULE ORDINANCES

A copy of the proposed Ordinance to amend the Charter is on file in the Office of the City Clerk of the City of Chamblee, Georgia and the Office of the Clerk of Superior Court, DeKalb County, Georgia for the purpose of examination and inspection by the public.
This 19th day of May, 2011. Nancy Willams, CMC City Clerk, City of Chamblee, Georgia

Filed in the Office of the Secretary of State August 30, 2011. _________

CITY OF CORDELE REDISTRICTING.

ORDINANCE

AN ORDINANCE AMENDING THE CHARTER OF THE CITY OF CORDELE, GEORGIA PURSUANT TO THE AUTHORITY GRANTED IN O.C.G.A. SECTION 36-35-4.1 IN ACCORDANCE WITH THE PROCEDURES SET FORTH AT O.C.G.A. SECTION 36-35-3(b)(1) AND SECTION 6.01(c) OF THE CHARTER FOR THE CITY OF CORDELE, GEORGIA TO REAPPORTION MUNICIPAL ELECTION DISTRICTS BASED UPON PUBLICATION OF THE UNITED STATES DECENNIAL CENSUS OF 2010; TO ESTABLISH NEW ELECTION DISTRICT BOUNDARIES IN COMPLIANCE WITH THE REQUIREMENTS OF THE UNITED STATES CONSTITUTION AND PERTINENT LAWS; GOVERNING FUTURE ELECTIONS FOR MEMBERS OF THE CITY COMMISSION FOR THE CITY OF CORDELE, GEORGIA; TO ESTABLISH AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

BE IT ORDAINED BY THE CITY COMMISSION FOR THE CITY OF CORDELE, GEORGIA, AND IT IS ESTABLISHED AS FOLLOWS:

1.

The Charter of the City of Cordele, Georgia is hereby amended at Sec. 2.10(b), CITY COMMISSION WARDS; ADJUSTMENT OF WARDS, pursuant to the authority of O.C.G.A. Section 36-35-4.1 through adoption of this Home Rule Ordinance, enacted in acccrdance with the requirements of O.C.G.A. Section 36-35-3(b)(1), for purposes of reapportioning the municipal election districts of the city following publication of the U.S. Decennial Census of 2010. There is hereby adopted that certain legislative reapportionment plan/map attached hereto as Exhibit "A", which by reference is incorporated as if fully set out herein. Said plan sets forth and defines the boundaries of wards 1 through 4 in said city as more particularly described on Exhibit "B" attached hereto which Exhibit "B" by reference is incorporated as if fully set out herein.

GEORGIA LAWS 2012 SESSION 2.

5799

For point of reference, attached hereto as Exhibit "C" which by reference is incorporated as if fully set out herein, is a map which shows the previous boundaries and populations of the four wards in the City of Cordele and which also shows the total population in each ward, the deviation from the optimal population, the racial makeup of such population and such map shows the boundaries of the wards and their populations prior to the adoption of this ordinance.

3.

Upon final adoption of this ordinance, the chairman shall sign and date an original ordinance with the above exhibits attached thereto and the same shall be attested by the city clerk. The original shall be maintained for public inspection and copying in the office of the city clerk; and a copy thereof published as an appendix to the City Charter.

4.

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.

5.

The requirements of O.C.G.A. Section 36-35-3(b)(1) and O.C.G.A. Section 36-35-5 shall be accomplished by the city attorney.

6.

The required notice containing a synopsis of the charter amendment contained in this ordinance has appeared in the Cordele Dispatch, and a copy of such notice and the Publisher's Affidavit of Publication are attached hereto and made a part hereof.

7.

This ordinance shall become effective upon final adoption and signing by the chairman and filings accomplished as provided by O.C.G.A. Section 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 August 16, 2011.

5800

MUNICIPAL HOME RULE ORDINANCES

Read, approved and adopted at the regular meeting of the Cordele City Commission on September 6, 2011.

CORDELE CITY COMMISSION

ATTEST: s/ EDWARD BEACH Edward Beach, City Clerk

BY: s/ ZACK H. WADE Zack H. Wade, Chairman

EXHIBIT "A"

[MAP]

EXHIBIT "B"

CITY OF CORDELE

WARD BOUNDARIES (PROPOSED)

August 8, 2011

WARD 1

ALL PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF CORDELE BOUNDED SOUTH BY 17TH AVENUE TO 8TH STREET; THENCE SOUTHWARD ALONG 8TH STREET TO 18TH AVENUE; THENCE EASTWARD ALONG 11TH AVENUE TO 4TH STREET; AND BOUNDED EAST BY 4TH STREET NORTHWARD FROM 18TH AVENUE TO 11TH AVENUE; THENCE EASTWARD ALONG 11TH AVENUE TO ITS INTERSECTION WITH CSX RAILROAD RIGHT-OF-WAY; THENCE FOLLOWING THE CSX RAILROAD RIGHT-OF-WAY NORTHWARD AND WESTWARD TO ITS INTERSECTION WITH 6TH STREET, BETWEEN WALL STREET AND 9TH AVENUE; THENCE NORTHWARD ALONG 6TH STREET TO ITS INTERSECTION WITH MIMOSA DRIVE AT 1ST AVENUE; THENCE WESTWARD FOLLOWING THE CITY LIMITS

WARD 2

ALL PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF CORDELE BOUNDED NORTH BY 17TH AVENUE TO 8TH STREET; AND BOUNDED EAST BY

GEORGIA LAWS 2012 SESSION

5801

8TH STREET SOUTHWARD FROM 17TH AVENUE TO 28TH AVENUE; THENCE WESTWARD FOLLOWING THE CITY LIMITS

WARD 3

ALL PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF CORDELE BOUNDED SOUTH BY 18TH AVENUE EASTWARD FROM 4TH STREET TO BROAD STREET; THENCE NORTHWARD ALONG BROAD STREET TO 16TH AVENUE; THENCE EASTWARD ALONG 16TH AVENUE; AND BOUNDED WEST BY 4TH STREET NORTHWARD FROM 18TH AVENUE TO 11TH AVENUE; THENCE EASTWARD ALONG 11TH AVENUE TO ITS INTERSECTION WITH CSX RAILROAD RIGHT-OF-WAY; THENCE FOLLOWING THE CSX RAILROAD RIGHT-OF-WAY NORTHWARD AND WESTWARD TO ITS INTERSECTION WITH 6TH STREET, BETWEEN WALL STREET AND 9TH AVENUE; THENCE NORTHWARD ALONG 6TH STREET TO ITS INTERSECTION WITH MIMOSA DRIVE AT 1ST AVENUE; THENCE EASTWARD FOLLOWING THE CITY LIMITS

WARD 4

ALL PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF CORDELE BOUNDED NORTH BY 18TH AVENUE EASTWARD FROM 8TH STREET TO BROAD STREET, THENCE NORTHWARD ALONG BROAD STREET TO 16TH AVENUE, THENCE EASTWARD ALONG 16TH AVENUE; AND BOUNDED WEST BY 8TH STREET SOUTHWARD FROM 18TH AVENUE TO 28TH AVENUE; THENCE EASTWARD FOLLOWING THE CITY LIMITS

EXHIBIT "C"

[MAP]

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 6th day of September, 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.

5802

MUNICIPAL HOME RULE ORDINANCES

This 6th day of September, 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 the Honorable Jean H. Rogers, Clerk, Crisp County Superior Court, P.O. Box 747, Cordele, Georgia 31010 in properly addressed envelope with sufficient postage affixed thereon to ensure delivery through the United States Postal Service.

This 7th day of September, 2011.

_______________________ Edwin T. Cotton City Attorney City of Cordele

STATE OF GEORGIA COUNTY OF CRISP

AFFIDAVIT

Before the undersigned Notary Public in and for said State personally appeared PEGGY KING, Publisher for the Cordele Dispatch, a newspaper in which legal advertising appeared for the Cordele Dispatch and who further states that the attached advertising is and was published in said newspaper on the following dates: August 18, 25, September 1, 2011.

RE: SYNOPSIS OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF CORDELE

PEGGY KING Publisher s/ PEGGY KING

GEORGIA LAWS 2012 SESSION
Notary Public s/ PATRICIA G. STEWART Notary Public, Crisp County, Georgia My Commission Expires April 9, 2012 [SEAL]

5803

NOTICE

SYNOPSIS OF PROPOSED AMENDMENT 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 August 16, 2011 and to be adopted in final form at its regular public meeting on September 6, 2011.

1. Reapportionment Of Municipal Election Wards Based Upon Publication of the United States Decennial Census Of 2010.

Article 2.10(b) of the Charter of the City of Cordele will be amended as to the descriptions of the four wards of the city as provided in said Charter and to substitute in the place thereof the description of the four wards as reapportioned in compliance with the publication of the U.S. Decennial Census of 2010 as shown on the plan/map attached to said Amendment as Exhibit "A" and as stated on Exhibit "B" attached to said Amendment.

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 16th day of August, 2011.

CORDELE CITY COMMISSION BY: ZACK H. WADE, CHAIRMAN

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MUNICIPAL HOME RULE ORDINANCES

EDWIN T. COTTON CITY ATTORNEY COTTON LAW FIRM, P.C. P.O. BOX 897 CORDELE, GA 31010

Filed in the Office of the Secretary of State September 9, 2011. __________

CITY OF HOGANSVILLE LEASES.

11-09-06

AN ORDINANCE

AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF HOGANSVILLE TO AMEND THE CHARTER OF THE CITY; TO AMEND THE CHARTER SO AS TO AUTHORIZE THE MAYOR AND COUNCIL TO LEASE PERSONAL OR REAL PROPERTY OF THE CITY UPON SUCH TERMS AS ARE DEEMED TO BE IN THE BEST INTERESTS OF THE CITY; TO REPEAL CONFLICTING PROVISIONS; TO FIX AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

THE COUNCIL OF THE CITY OF HOGANSVILLE HEREBY ORDAINS:

SECTION 1: That the Charter of the City of Hogansville be amended, pursuant to the Municipal Home
Rule Act of 1965, as amended, by deleting therefrom subsection (h) of Section 3.01, inserting in lieu thereof a new Section 3.01(h), to read as follows:

"(h) Contracts and agreements for service; lease of personal or real property. To enter into contacts and agreements with other governmental entities and with private persons, firms and corporations providing for services to be furnished and payments to be made therefor. Also, to rent or lease real or personal property owned or held by the city, either in its proprietary or governmental capacity, for adequate consideration and upon such terms and conditions as are deemed by the governing authority to be in the best interests of the city."

SECTION 2: All provisions of the Charter of the City of Hogansville in conflict herewith are hereby
repealed.

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SECTION 3: This Charter amendment, after adoption by the Council and upon approval by the Mayor, shall become effective upon a copy of same being filed with the Secretary of State of the State of Georgia and the Clerk of the Superior Court of Troup County, Georgia, all in accordance with O.C.G.A. 36-35-5.

INTRODUCED AND FIRST READING August 15, 2011

SECOND READING AND ADOPTED/REJECTED September 6, 2011 Adopted

SUBMITTED TO MAYOR AND APPROVED/DISAPPROVED Approved

BY: s/ JIMMY JACKSON Mayor

ATTEST: s/ LISA KELLY Clerk

Affidavit of Publisher of Newspaper

Georgia, Troup County

Before me personally appeared CARLA B. JONES who being duly sworn, depose and says that he is the Authorized Agent of The LaGrange Daily News, and that the same is a public gazette published in the city of LaGrange, in Troup County, Georgia. It is the newspaper in which is published the Sheriff's sales of said County of Troup in said State.

Deponent further saith that the following notice attached hereto:

gpno6 Legal 9347 August 19, 26 and September 2, 2011

NOTICE OF INTENT TO AMEND CHARTER OF THE CITY OF HOGANSVILLE

Notice is hereby given that the Mayor and Council of the City of Hogansville, Georgia, have proposed and will consider an amendment to the Hogansville City Charter which will authorize the Mayor and Council to lease personal or real property upon certain terms. A copy of the proposed amendment is on file in the office of Lisa Kelly, Hogansville City

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MUNICIPAL HOME RULE ORDINANCES

Clerk, and in the office of Jackie Ward Taylor, Clerk of the Superior Court of Troup County, Georgia, for the purpose of examination and inspection by the public.

This 16th day of August, 2011

BY: Jeffrey M. Todd Hogansville City Attorney LEWIS, TAYLOR & TODD, P.C. 205 N. Lewis Street, Suite 3 LaGrange, Georgia 30240

Has been published in said LaGrange Daily News, to-whit: 8/19/2011 8/26/2011 9/2/2011 being 3 publications of said notice and petition, issued on dates aforesaid respectively

s/ CARLA B. JONES Authorized Agent

Sworn and subscribed before me this 19th day of August 2011

s/ MARIAN E. BROWN Notary Public, Troup County

[SEAL]

Filed in the Office of the Secretary of State September 14, 2011. __________

CITY OF CHATTAHOOCHEE HILLS MAYOR AND COUNCIL; COMPENSATION

STATE OF GEORGIA COUNTY OF FULTON

ORDINANCE NO. 11-09-93

AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF CHATTAHOOCHEE HILLS AMENDING SECTION 2.07 CHANGING THE COMPENSATION OF THE MAYOR AND EACH CITY COUNCIL MEMBER

WHEREAS, the Charter of the City of Chattahoochee Hills provides that the Mayor and each City Council member be entitled to receive a salary; and

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WHEREAS, Section 2.07 of Article II of the Charter of the City of Chattahoochee Hills provides for the Mayor's annual compensation to be $16,500 and the annual salary of each city council member to be $12,500; and

WHEREAS, the Mayor and City Council have decided that the annual salary for the Mayor should be $8,000 and the annual salary for each city council member should be $6,000; 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 nor more than 60 days apart; and

WHEREAS, a Resolution was approved and adopted on August 2, 2011, by the City Council while in regular session to amend the Charter by Ordinance as set forth above and pursuant to O.C.G.A. 36-35-3 the required notice has been published in the Fulton County Daily Report once a week for three weeks prior to its final adoption, and a copy of the proposed amendment has been on file in the Office of the Clerk of Chattahoochee Hills and in the Office of the Clerk of the Superior Court of Fulton County, Georgia, all as required by law; and

WHEREAS, the required notice will have been published within the statutory period of 60 days immediately preceding the final adoption of this Ordinance amending the Charter; and

WHEREAS, the title of this Ordinance shall have been read and the Ordinance duly adopted at two consecutive City Council meetings not less than 7 nor more than 60 days apart as required by Georgia law.

NOW THEREFORE, in accordance with O.C.G.A. 36-35-3, the Mayor and City Council of the City of Chattahoochee Hills, Georgia, pursuant to their authority, do hereby adopt this Ordinance so that the Charter of the City of Chattahoochee Hills is hereby amended as follows:

Section 1. That the Charter of the City of Chattahoochee Hills shall be amended in accordance with the above so that upon proper passage, the annual salary for the Mayor shall

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MUNICIPAL HOME RULE ORDINANCES

no longer read "$16,500," but shall read "$8,000," and the annual salary for each City Council member shall no longer read "$12,500," but shall read "$6,000."

SO ORDAINED this 6th day of September, 2011.

Attest: s/ DANA WICHER Dana Wicher, City Clerk (Seal)

Approved: s/ D. L. HAYES D. L. Hayes, Mayor

Approved as to Form: s/ RICK LINDSEY Rick Lindsey, City Attorney [SEAL]

CITY OF CHATTAHOOCHEE HILLS, GEORGIA

CERTIFICATE

I, Dana Wicher, City Clerk and Custodian of Records for the City of Chattahoochee Hills, certify that the attached are true and correct copies of the Ordinance No. 11-09-93, An Ordinance to Amend the Charter of the City of Chattahoochee Hills Amending Section 2.07 Changing the Compensation of the Mayor and Each City Council Member, which was adopted during a regular meeting by the Mayor and City Council of the City of Chattahocchee Hills, Georgia on September 6, 2011. The originals of these documents are on file in the office of the City Clerk of the City of Chattahoochee Hills, Ga.

Dated this 5th day of October, 2011.

(SEAL)

s/ DANA WICHER Dana Wicher City Clerk

GEORGIA LAWS 2012 SESSION PUBLISHER'S AFFIDAVIT

5809

STATE OF GEORGIA COUNTY OF FULTON Re: 1737566

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:

08/09/2011, 08/16/2011, 08/23/2011

s/ PATRICE GRANT Patrice Grant (Agent)

s/ K. MOSLEY Kaweemah Mosley (Notary Public) Subscribed and sworn to before me this 23rd of August, 2011. [SEAL]

NOTICE OF PROPOSED AMENDMENTS TO THE CHARTER OF THE CITY OF CHATTAHOOCHEE HILLS, GEORGIA: Pursuant to O.C.G.A. 164> 36-35-3, notice is hereby given that a Resolution has been passed by the City Council of Chattahoochee Hills, Georgia to approve the introduction of an Ordinance to amend the Charter of the City of Chattahoochee Hills by changing annual compensation of the Mayor from $16,500 to $8,000 and changing the annual compensation of each city council member from $12,500 to $6,000. A copy of this proposed amendment is on file in the office of the Clerk of Chattahoochee Hills, Georgia and in the office of the Clerk of the Superior Court of Fulton County, Georgia for the purpose of examination and inspection by the public.

Filed in the Office of the Secretary of State October 12, 2011. __________

5810

MUNICIPAL HOME RULE ORDINANCES
CITY OF ATLANTA FISCAL STABILIZATION PLAN; DATE OF PRESENTATION

AN ORDINANCE AND CHARTER AMENDMENT

11-O-1415

BY COUNCILMEMBERS FELICIA MOORE AND YOLANDA ADREAN

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 VI (REVENUE AND FUND ADMINISTRATION), CHAPTER 3 (FISCAL CONTROL), SECTION 6-312 (FINANCIAL STABILIZATION PLAN), SO AS TO CHANGE THE DATES BY WHICH THE CITY'S FINANCIAL STABILIZATION PLAN MUST BE PRESENTED TO AND ADOPTED BY CITY COUNCIL; AND FOR OTHER PURPOSES.

WHEREAS, Section 6-312(a) of the Charter of the City of Atlanta, Georgia, 1996 Ga. Laws P. 4469, et seq. ("Charter") requires that the Mayor present a five-year financial stabilization plan to the City Council of the City of Atlanta ("City Council") by October 15 of each year; and

WHEREAS, Section 6-312(b) of the Charter requires that City Council adopt a financial stabilization plan by December 31 of each year; and

WHEREAS, by October 15 of each year, the Chief Financial Officer has not completed the necessary accounting adjustments for close-out purposes of the prior fiscal year; and

WHEREAS, by October 15 of each year, the City's external auditor has not presented the City with its findings and recommendations for the prior fiscal year; and

WHEREAS, information from the close-out of the prior fiscal year and the external auditor's recommendations should be utilized in the preparation of the City's financial stabilization plan; and

WHEREAS, in order to present a more comprehensive financial stabilization plan, it is the desire of the City to amend Section 6-312 (a) to change the deadline for presentation of the City's financial stabilization plan from October 15 of each year to February 15 of each year; and

GEORGIA LAWS 2012 SESSION

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WHEREAS, it is the desire of the City to amend Section 6-312 (b) to change the deadline for adoption of the City s financial stabilization plan from December 31 of each year to April 30 of each year.

WHEREAS, it is the desire of the City to amend Section 6-312 (b) to require that City Council consider the financial stabilization plan prior to adoption of the budget for the upcoming fiscal year.

THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA HEREBY ORDAINS AS FOLLOWS:

SECTION 1: That Part I, Subpart A, Article VI, Chapter 3, Section 6-312 of the Charter of the City of Atlanta, Georgia, Georgia, 1996 Ga. Laws P. 4469, et seq., which currently reads:

Sec. 6-312. - Financial stabilization plan.

(a) The Mayor shall present to the governing body by October 15 of each year a five-year financial stabilization plan consisting of the following elements:
(1) A five-year projection of general fund revenues broken down by major category. The projection shall identify the economic trends and assumptions upon which such projection is based. (2) A five-year projection of total general fund expenses on a departmental level. Such expense projection shall assume the continuation of department operations as they exist in the current general fund budget and shall take into account the following:
i. The effect of inflation on general fund budgeted costs; ii. A projection of pension costs as provided by the city's actuaries; and iii. Costs occurring in future years that the city is legally obligated to pay. (3) A calculation of the surplus or deficit produced by the projected revenues and expenditures described in (1) and (2) above. (4) A cost estimate of long-term initiatives of the city. Such initiatives shall include, but are not limited to, long-term operating infrastructure and capital infrastructure needs and the elimination of deficit positions in funds that are subsidized or have historically been subsidized by the general fund. At any time the governing body of the city may, by resolution, request specific long-term initiatives to be included in the five-year financial stabilization plan. (5) A comprehensive list of revenue initiatives the city may pursue during the five years covered by the financial stabilization plan, including an estimate of the revenues to be produced by such initiatives. (6) A comprehensive list of cost saving initiatives the city may pursue during the five years covered by the financial stabilization plan, including an estimate of costs saved by such initiatives.

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MUNICIPAL HOME RULE ORDINANCES

(b) The governing body shall adopt the financial stabilization plan by December 31 of each year.

be amended to make the following deletions and insertions, such that Part I, Subpart A, Article VI, Chapter 3, Section 6-312 of the Charter of the City of Atlanta, Georgia, Georgia, 1996 Ga. Laws P. 4469, et seq., shall read as follows:

Sec. 6-312. - Financial stabilization plan.

(a) The Mayor shall present to the governing body by February 15 October 15 of each year a five-year financial stabilization plan consisting of the following elements:
(1) A five-year projection of general fund revenues broken down by major category. The projection shall identify the economic trends and assumptions upon which such projection is based. (2) A five-year projection of total general fund expenses on a departmental level. Such expense projection shall assume the continuation of department operations as they exist in the current general fund budget and shall take into account the following:
i. The effect of inflation on general fund budgeted costs; ii. A projection of pension costs as provided by the city's actuaries; and iii. Costs occurring in future years that the city is legally obligated to pay. (3) A calculation of the surplus or deficit produced by the projected revenues and expenditures described in (1) and (2) above. (4) A cost estimate of long-term initiatives of the city. Such initiatives shall include, but are not limited to, long-term operating infrastructure and capital infrastructure needs and the elimination of deficit positions in funds that are subsidized or have historically been subsidized by the general fund. At any time the governing body of the city may, by resolution, request specific long-term initiatives to be included in the five-year financial stabilization plan. (5) A comprehensive list of revenue initiatives the city may pursue during the five years covered by the financial stabilization plan, including an estimate of the revenues to be produced by such initiatives. (6) A comprehensive list of cost saving initiatives the city may pursue during the five years covered by the financial stabilization plan, including an estimate of costs saved by such initiatives. (b) The governing body shall adopt the financial stabilization plan by April 30 December 31 of each year. In no event shall the governing body adopt the budget for the upcoming fiscal year prior to consideration of the financial stabilization plan.

Section 2: That a copy of this proposed amendment to the Charter of the City of Atlanta, Georgia 1996 Ga. Laws P. 4496 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

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5813

of Fulton and DeKalb Counties and that a "Notice of Proposed Amendment to the Charter of the City of Atlanta, Georgia," attached hereto and marked "Exhibit A" and made a part of this ordinance, be published in the official organ of the county of the legal situs of the City of Atlanta or in a newspaper of general circulation in the City of Atlanta once a week for three weeks within a period of 60 days immediately preceding its final adoption, and that a copy of said advertisement be attached to this ordinance prior to its final adoption by the Council of the City of Atlanta.

Section 3: That all ordinances and parts of ordinances in conflict herewith are hereby waived to the extent of the conflict.

ADOPTED by the Atlanta City Council

Nov. 07, 2011

APPROVED as per City Charter Section 2-403 Nov. 16, 2011

A true copy,

s/ FERIS WEBB III Deputy Municipal Clerk

Exhibit "A"

NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA

Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. Laws, 1996, p. 4469, et seq.) approved April 15, 1996, as amended, said Ordinance being captioned as follows:

AN ORDINANCE 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 VI (REVENUE AND FUND ADMINISTRATION), CHAPTER 3 (FISCAL CONTROL), SECTION 6-312 (FINANCIAL STABILIZATION PLAN), SO AS TO CHANGE THE DATES BY WHICH THE CITY'S FINANCIAL STABILIZATION PLAN MUST BE PRESENTED TO AND ADOPTED BY CITY COUNCIL; 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

5814

MUNICIPAL HOME RULE ORDINANCES

of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public.

This _____ day of ________________, 2011.

________________________________ Rhonda Dauphin Johnson Municipal Clerk City of Atlanta

PUBLISHER'S AFFIDAVIT

ROSHALL ANDERSON 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 and made part of this affidavit appeared in The Atlanta Journal-Constitution on the following date(s): OCTOBER 6, 2011; OCTOBER 13, 2011 AND OCTOBER 20, 2011.

s/ ROSHALL ANDERSON (ACCOUNT EXECUTIVE SIGNATURE)

SWORN TO AND SUBSCRIBED BEFORE ME THIS 21TH DAY OF OCTOBER, 2011.

s/ MARIE C. H. GOGGANS (NOTARY SIGNATURE)
[SEAL]

PUBLIC NOTICE

NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA

Notice is hereby given that an Ordinance (11-O-1415) has been introduced to amend the Charter of the City of Atlanta, Georgia (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

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5815

amending Part 1 (Charter and Related Laws), Subpart A (Charter), Article VI (Revenue and Fund Administration), Chapter 3 (Fiscal Control), Section 6-312 (Financial Stabilization Plan), so as to change the dates by which the City's Financial Stabilization Plan must be presented to and adopted by City Council; and for other purposes.

A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the Offices of the clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public.

GIVEN UNDER MY HAND AND SEAL OF THIS OFFICE ON THIS 29TH day of September, 2011.

Rhonda Dauphin Johnson Municipal Clerk

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF FULTON Re: 1764374

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:

10/06/2011, 10/13/2011, 10/20/2011

s/ PATRICE GRANT Patrice Grant (Agent)

s/ K. MOSLEY Kaweemah Mosley (Notary Public) Subscribed and sworn to before me this 19th of October, 2011 [SEAL]

5816

MUNICIPAL HOME RULE ORDINANCES
PUBLIC NOTICE NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA

Notice is hereby given that an Ordinance (11-O-1415) 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 VI (Revenue and Fund Administration), Chapter 3 (Fiscal Control), Section 6-312 (Financial Stabilization Plan), so as to change the dates by which the City's Financial Stabilization Plan must be presented to and adopted by City Council; and for other purposes.

A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the offices of the clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public.

GIVEN UNDER MY HAND AND SEAL OF THIS OFFICE ON THIS 29TH day of September, 2011.

Rhonda Dauphin Johnson Municipal Clerk

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF DEKALB

Personally appeared before me, the undersigned, a Notary Public within and for said county and state, Carolyn J. Glenn, Publisher of the Champion Newspaper, published at Decatur, County of DeKalb, State of Georgia, and being the official organ for the publication of legal advertisements for said county, who being duly sworn, states on oath that the report of PUBLIC NOTICES, ORDINANCES (11-O-1415) was published in said newspaper on the following date(s):

10/06/11, 10/13/11, 10/20/11

GEORGIA LAWS 2012 SESSION
s/ CAROLYN JERNIGAN GLENN CAROLYN J. GLENN, PUBLISHER

5817

Sworn to and subscribed before me this 10/20/11.

s/ JACQUELINE BRYANT Notary Public My commission expires September 22, 2014

[SEAL]

PUBLIC NOTICE NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA

Notice is hereby given that an Ordinance (11-O-1415) has been introduced to amend the Charter of the City of Atlanta, Georgia (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 VI (Revenue and Fund Administration), Chapter 3 (Fiscal Control), Section 6-312 (Financial Stabilization Plan), so as to change the dates by which the City's Financial Stabilization Plan must be presented to and adopted by City Council; and for other purposes.

A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the offices of the clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public.

Given Under My Hand And Seal Of This Office On This 29th day of September, 2011.

Rhonda Dauphin Johnson Municipal Clerk

Filed in the Office of the Secretary of State November 18, 2011. __________

5818

MUNICIPAL HOME RULE ORDINANCES CITY OF GAINESVILLE REDISTRICTING.

Filed in Clerk's Office: Published: Published: First Reading: Published: Passed:

9/21/2011 9/23/2011 9/30/2011 10/04/2011 10/07/2011 10/18/2011

HOME RULE ORDINANCE 2011-02

A HOME RULE ORDINANCE AMENDING THE CHARTER OF THE CITY OF GAINESVILLE, GA (GA. LAWS 1979, P. 3302, AS AMENDED) AT CHAPTER 6, ELECTIONS, SECTION 6.13, WARDS, IN ACCORDANCE WITH THE STANDARDS AND PROCEDURES SET FORTH AT O.C.G.A. SECTION 36-35-4.1 FOR THE PURPOSE OF REAPPORTIONING ELECTION DISTRICTS BASED UPON PUBLICATION OF THE 2010 U. S. DECENNIAL CENSUS; TO ESTABLISH NEW ELECTION DISTRICT BOUNDARIES FOR FUTURE ELECTION OF CITY COUNCIL IN COMPLIANCE WITH REQUIREMENTS OF THE U. S. CONSTITUTION, THE GEORGIA CONSTITUTION, AND PERTINENT LAWS; TO PROVIDE FOR PRECLEARANCE OF THE NEW ELECTION DISTRICTS IN ACCORDANCE WITH SECTION 5 OF THE VOTING RIGHTS ACT OF 1965, AS AMENDED; TO ESTABLISH AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

WHEREAS, the U. S. Decennial Census for 2010 was officially published in late March, 2011 for the State of Georgia, including the territorial limits of Gainesville, Hall County, Georgia;

WHEREAS, the Charter of the City of Gainesville, Georgia, Ga. Laws 1979, p. 3302, as amended, requires that the members of City Council reside within apportioned single-member districts and be nominated as a candidate for Council by petition of 50 qualified electors of their residency district;

WHEREAS, O.C.G.A. Section 36-35-4.1 provides the Mayor & Council, as the governing body for the City of Gainesville, the limited authority to reapportion its single member election districts based upon the publication of future census and following annexations of territory into the city between census, in accordance with objective criteria set forth in said law;

WHEREAS, this authority to reapportion by amending the Charter by enactment of a Home Rule ordinance, under the procedures set forth in O.C.G.A. Sec. 36-35-3(b)(1) may

GEORGIA LAWS 2012 SESSION

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only be exercised prior to the next regular general municipal election for members of the municipal governing body, which is to be held November 8, 2011;

WHEREAS, the Mayor and Council, in the exercise of such authority have duly analyzed the existing plan of election districts under recently published data from the 2010 Census for the City of Gainesville and find that such plan is no longer apportioned in accordance with the "one person, one vote" requirement of the Equal Protection Clause of the 14th Amendment to the U. S. Constitution and Article I, Section I, Paragraph II of the 1983 Constitution of the State of Georgia, thus requiring the reapportionment of election districts for said City; and

WHEREAS, having considered various redistricting plans prepared by the Georgia General Assembly's Legislative & Congressional Reapportionment Office and others, the Mayor and Council find and conclude that proposed Plan "GAINESCCSB PROP 2RE" best meets the criteria used to govern the redistricting process and will best serve the interest of the electors of the City of Gainesville in future elections; furthermore, said plan best reflects the legislative policies and judgment of this Mayor and Council.

NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GAINESVILLE, GEORGIA, AND IT IS ESTABLISHED AS FOLLOWS:

Section 1. The Charter of the City of Gainesville, Georgia, Ga. Laws 1979, p. 3302, as amended, is hereby amended at Chapter 6, ELECTIONS, Section 6.13, WARDS, by deleting therefrom all express references to the election districting plan heretofore adopted, known as "Plan Name: gain1", and there is hereby adopted, in lieu thereof, the map and statistical analysis by districts, incorporating by reference a description of each district by official 2010 Census tracts and blocks, known as "GAINESCCSB PROP2RE". Said map, statistical analysis, and Census tract/blocks for each district are by reference incorporated herein, and shall be integral to this ordinance.

For purposes of this ordinance, all references to Census tracts and blocks used for the newly adopted districts shall refer to the U. S. Decennial Census of 2010, as published by the Bureau of the Census, for the State of Georgia. The terms "tract" and "block" refer to the same geographical subdivisions, correspondingly numbered, as published in said Census.

As amended, said Charter Section 6.13 shall read as follows:

5820

MUNICIPAL HOME RULE ORDINANCES

"SECTION 6.13 - WARDS

For the purpose of electing the five (5) council members, the territory of the City of Gainesville shall be divided into five (5) wards to be designated respectively as Wards One through Five. One council member shall be a resident of each ward, but each such council member shall be elected by a majority vote of the voters of the entire City of Gainesville voting at the elections provided for hereinafter. The boundaries of the five (5) wards of the City of Gainesville shall be as follows:

District 1

Hall County VTD: 139002 - WILSON II 1036 VTD: 139022 - CHESTATEE 1003 1009 1011 VTD:139023 - FORK 1030 4013 4014 VTD: 139025 - WEST WHELCHEL 1007 1008 1010 1012 1017 1018 1019 1020 1023 4002 4005 4006 4007 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4025 4026 4030 4050 4051 4016 4030 4031 4032 4033 4034 4035 4036 4037 4040 4041 4042 4043 4044 4045 4046 4049 4050 4051 4062 VTD: 139026 - GAINESVILLE I 2026 2027 2029 2023 VTD: 139028 - GAINESVILLE III 2013 2023 2025 2026 2027 2029 2030 2031 2032 2033 2034 2035 2037 2038 2039 2040 1000 1001 1009 1010 1014 1015 1016 1017 1018 1022 1023 1024 1025 1026 1029 1031 1032 1033 1034 1035 1047 VTD: 139029 - GAINESVILLE IV 2022 VTD: 139030 - GAINESVILLE V 2001 2002 2003 2005 2006 2008 2009 2010 4031 4032 4034 4036 4037 4040 4045 4046 4049 2009 2010 2013 2014 3001 3002 3003 3006 3007 3008 3009 3010 3012 3014 3016 3019 3020 3028 4054 4058 4059 4060 4061 4063 4064 4065

GEORGIA LAWS 2012 SESSION
VTD: 139039 - WHELCHEL II 1006 1016 1018 1028 2005 2021 3029 3030 4055 4056
District 2
Hall County VTD: 139026 - GAINESVILLE I 2030 2031 2032 2041 2042 3018 3021 3022 3023 3024 3025 3026 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1022 1023 1024 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2019 2020 2021 2025 2026 2027 2028 VTD: 139029 - GAINESVILLE IV 1015 1016 1017 1018 1019 1020 2016 2017 2018 3000 3001 3013 4000 4001 4002 VTD: 139030 - GAINESVILLE V 2004 2044 VTD: 139031 - RIVERBEND 2033 2035 2044 2079 2080 2081 2093 2095 3031 3033 3034 3036 3037 3039 3041 3043 3044 3049 3052 3053 3054 3055 3058 3059 3072 VTD: 139033 - NEW HOLLAND 1011 1012 1013 1014 1017 1026 2001 2002 2013 2014 2015 2017 2018 2020 2021 2022 2023 2030 2031 2032 2044 2046 2048 2067 2070 2072 2073 2074 2075 2076 2077 2083 2084 2085 2086 2103 3056 3057 VTD: 139039 - WHELCHEL II 1021 1022 1023 1025 2000 2003 2015 2016 2017 2019 2023 2024 2025 2039 2040 5028 5030 3009 3010 3011 3013 3015 3028 3030
District 3
Hall County VTD: 139014 - AGRICULTURE CENTER 3016 3020 3021 3028 3029 3049 3054 3056 3048 3049 3050 3054 3060 3061 3063 3064 3065 3066 3067 3068 3069 3075 3077 VTD: 139015 - TADMORE 1014 2035 2036 2037 2048 3061

5821

5822

MUNICIPAL HOME RULE ORDINANCES

1007 1008 1009 1010 1013 1016 1018 1030 1031 1032 1033 VTD: 139027 - GAINESVILLE II 1006 1007 1011 1012 2010 2011 2018 2019 2020 2021 2022 2031 2033 2038 2041 2044 2045 2052 2054 1013 1014 1022 1023 1024 1025 1028 1029 1031 1034 1035 1036 2002 2003 2004 2005 2012 2014 2015 2017 2019 2021 2022 2023 2024 2025 2026 3010 3011 3012 3013 3014 3015 3016 3017 3018 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 1023 2000 2001 2002 2003 2004 2005 2006 2007 2008 2010 2011 2012 2013 VTD: 139029 - GAINESVILLE IV 3000 3001 3002 3003 3004 3005 3006 007 3008 3009 3019 3020 3021 3022 1021 1022 1025 1026 1027 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 1062 1068 1069 1071 1072 1073 VTD: 139031 - RIVERBEND 3060 3071 3073 VTD: 139032 - GAINESVILLE MILL 1074 2009 2014 2016 2017 2019 2020 2021 22022 2023 2026 3000 3010 3000 VTD: 139033 - NEW HOLLAND 3069 2001 2005 1030

District 4

Hall County VTD: 139001 - WILSON I 2000 2001 2002 2003 2004 2016 2029 2033 3004 3010 3011 3013 3017 3020 3021 3023 3029 3030 VTD: 139002 - WILSON II 1006 1009 1011 1023 1051 1052 1056 1059 1060 VTD: 139003 - CHICOPEE 1015 1019 1070

GEORGIA LAWS 2012 SESSION
3009 3011 3017 3023 3024 3026 3027 3030 3032 3058 3059 3062 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1030 1036 1038 1039 1046 1047 1048 1049 1052 2008 2026 2072 VTD: 139004 - OAKWOOD I 1042 1043 2003 2004 2027 2028 2055 VTD: 139006 - OAKWOOD III 1036 2000 2002 2004 VTD: 139028 - GAINESVILLE III 3029 4014 4015 4016 4018 4019 1015 1019 1023 1024 1026 3000 3001 3002 3003 3004 3005 3006 3012 3013 3021 3022 1028 1067 2000 2004 2006 2007 2022 2023 2027 2030 2033 2034 2035 2036 2037 2052 2068 3000 3001 3002 3004 3005 3008 3009 3010 3011 3012 3018 3019 3024 3038 3039 3044 3051 3052 3054 3055 3062 3068 3069 3070 3071 VTD: 139029 - GAINESVILLE IV 3023 3024 3025 3026 3027 3028 1021 4008 4009 4010 4011 4012 4013 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1024 1060 1061 1063 1064 1065 1066 1070 1078 1079 VTD: 139032 - GAINESVILLE MILL 1077 2038 2056 2039 2040 2046 2047 2048 2049 3002 3004 3006 3008 3043 3044 3045 3046 3047 3098 3099
District 5
Hall County VTD: 139001 - WILSON I 3000 VTD: 139002 - WILSON II 1048 VTD: 139003 - CHICOPEE 2067 1004 1006 1010 1012 1013 1014 1023 1024 1030 1031 1032 1036 1037 1038 1044 1056 1057 1066 1067 VTD: 139028 - GAINESVILLE III 3018 3019 3023 3024 3025 3026 3027 3028 3030 3031 1000 1006 1008 1013 1014 2000 2001 2007 2008 2009 2010 2011 2013 2014 2020 2021 2022 2033 2034 2036 2037 2038 2039 2043

5823

5824

MUNICIPAL HOME RULE ORDINANCES

2046 2047 3007 3008 3009 3010 3011 3014 3015 3016 3017 3019 2010 2012 2013 2061 2062 2066 3021 3027 3028 3030 3031 3036 3048 3050 1000 VTD: 139029 - GAINESVILLE IV 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3014 3015 3016 3020 3021 3022 4003 4004 4005 4006 4007 VTD: 139032 - GAINESVILLE MILL 2060 1033

(a) At the regular election in 1989, two council members shall be elected to succeed the council members from Wards One and Four whose terms expire December 31, 1989. Said council members shall take office on January 1, 1990, for terms of four years and until their successors are elected and qualified.

(b) At the regular election in 1990, two council members shall be elected to succeed the council members from Wards Two and Three whose terms expire December 31, 1990. Said council members shall take office January 1, 1991, for initial terms of five years, expiring December 31, 1995, and until their successors are elected and qualified. Their successors shall be elected at the regular election in 1995 for terms of four years and until their successors are elected and qualified.

(c) At the regular election in 1991, a council member shall be elected to succeed the council member from Ward Five whose term expires December 31, 1991. Said council member shall take office January 1, 1992, for a term of four years and until a successor is elected and qualified.

(d) Successors to the council members elected from Wards One through Five as provided in subsections (a), (b), and (c) of this section shall be elected at the city election immediately preceding the expiration of the respective terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified."

(e) The council of the City of Gainesville shall review the boundaries of the wards established by this section following each United States Decennial Census. Within a reasonable time after each such census the council shall make recommendations to the members of the General Assembly of Georgia whose senatorial or representative districts lie wholly or partly within the corporate limits of the City of Gainesville regarding any changes in the boundary lines of such wards as may be necessary to maintain, as near as practicable,

GEORGIA LAWS 2012 SESSION

5825

equal population for each of said wards, or reapportion the boundary lines of such wards as authorized by O.C.G.A. 36-36-4.1., as amended."

Section 2. Upon final enactment of this ordinance and the filing thereof with the Georgia Secretary of State and Clerk of Superior Court of Hall County, Georgia, the Mayor shall sign and date an original map illustrating the boundaries of the election districts herein adopted, whose signature shall be attested by the City Clerk. The original shall be publicly displayed and available for inspection and copying in the office of the City Clerk, with a copy thereof, published as an appendix to the City Charter. A detailed description of each election district, by reference to Census tract and blocks, shall be published in said Charter at the sections above designated.

Section 3. This ordinance shall become effective for all purposes other than voting immediately upon its final enactment; provided, however, inasmuch as the reapportionment of election districts and enactment of a new redistricting plan constitutes a "change" for purposes of the administration of Section 5 of The Voting Rights Act of 1965, as amended, this ordinance shall not become effective for voting purposes until submitted to and precleared by the Attorney General, U.S. Department of Justice, Civil Rights Division, Voting Section, in accordance with its procedures, or by a three-judge panel of the U. S. District Court for the District of Columbia in a Declaratory Judgment. Until preclearance is received, the last preclearedredistricting plan shall govern the regular general elections to be held on November 8, 2011 for members of the Gainesville City Council and School Board. Following receipt of preclearance, the last precleared plan shall stand repealed and the redistricting plan herein adopted shall govern all future regular general elections.

Section 4. Should any provision of this ordinance be rendered invalid and unenforceable by a court of law, the remaining provisions shall continue in full force and effect until amended or repealed by action of the municipal governing body. Except as expressly modified or amended herein, the Charter of the City of Gainesville, Georgia remains in effect, and is hereby reaffirmed and restated. The codifier is granted editorial license to include this amendment in future publications of the Charter by appropriate section, division, article or chapter.

SO ORDAINED, this 18th day of October, 2011.

[MAP]

5826

MUNICIPAL HOME RULE ORDINANCES

PLAN NAME: GAINESCCSB - PROP2RE

PLAN TYPE: LOCAL

DATE:

JULY 25 2011

Population Summary Report

BASED ON 2010 CENSUS DATA

D IS T R IC T

P O P U L A T IO N

D E V IA T IO N

% DEVN.

BLACK

% BLACK

ALL OR PART BLACK

% A /P BLA C K

HISPAN IC ORIGIN

% HISP

GAINESVILLE 18+ POP (VAP)
1 18+ POP (VAP)
2 18+ POP (VAP)
3 18+ POP (VAP)
4 18+ POP (VAP)
5 18+ POP (VAP)

33,804 23,528
6,873 5,133
6,983 5,162
6,603 4,226
6,621 4,548
6,724 4,459

5,143 3,447

15.21 14.65

112

1.66

975

14.19

593

11.55

222

3.28

902

12.92

521

10.09

-158

-2.34

1,816

27.50

1,324

31.33

-140

-2.07

734

11.09

525

11.54

-37

-0.55

716

10.65

484

10.85

5,488 3,560
1,067 617
959 531
1,896 1,366
776 537
790 509

16.23 15.13
15.52 12.02
13.73 10.29
28.71 32.32
11.72 11.81
11.75 11.42

14,058 8,135
1,046 633
1,632 950
3,565 1,891
3,687 2,201
4,128 2,460

41.59 34.58
15.22 12.33
23.37 18.40
53.99 44.75
55.69 48.39
61.39 55.17

TOTAL POPULATION IDEAL DISTRICT POPULATION

33,804 6,761

SUMMARY STATISTICS POPULATION RANGE: RATIO RANGE: ABSOLUTE DEVIATION RANGE: ABSOLUTE OVERALL RANGE: % DEVIATION RANGE: RELATIVE OVERALL DEVIATION: ABSOLUTE MEAN DEVIATION: RELATIVE MEAN DEVIATION: STANDARD DEVIATION:

6,603 TO 6,983 1.06 -158 TO 222 380 -2.34% TO 3.28% 5.62% 133.80 1.98% 164.13

Witness whereof, the parties hereto have set their hands and seals this 18th day of October 2011.

s/ RUTH H. BRUNER Ruth H. Bruner, Mayor

s/ DENISE O. JORDAN Denise O. Jordan, City Clerk

[SEAL]

GEORGIA LAWS 2012 SESSION CERTIFIED ORDINANCE

5827

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-2011-02 was approved during the October 18, 2011 Council Meeting.

Witness of my official signature and seal this 18th day of October, 2011.

s/ DENISE O. JORDAN Denise O. Jordan City Clerk

[SEAL]

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# 289852 Public Hearings Home Rule Ordinance 2011-02 Published: 9/23, 9/30/2011

s/ SHERRIE JONES Sherrie Jones, Affiant

Verified s/ DE

Sworn to and Subscribed before me This 10th day of Nov, 2011.

s/ DARIAN TRENT SEXTON Notary Public (Darian Trent Sexton)

5828

MUNICIPAL HOME RULE ORDINANCES

My Commission Expires: 03/23/2013

[SEAL]

CITY OF GAINESVILLE, GEORGIA PUBLIC NOTICE

HOME RULE ORDINANCE 2011-02

A HOME RULE ORDINANCE AMENDING THE CHARTER OF THE CITY OF GAINESVILLE, GA (GA. LAWS 1979, P. 3302, AS AMENDED) AT CHAPTER 6, ELECTIONS, SECTION 6.13, WARDS, IN ACCORDANCE WITH THE STANDARDS AND PROCEDURES SET FORTH AT O.C.G.A. SECTION 36-35-4.1 FOR THE PURPOSE OF REAPPORTIONING ELECTION DISTRICTS BASED UPON PUBLICATION OF THE 2010 U. S. DECENNIAL CENSUS; TO ESTABLISH NEW ELECTION DISTRICT BOUNDARIES FOR FUTURE ELECTION OF CITY COUNCIL IN COMPLIANCE WITH REQUIREMENTS OF THE U. S. CONSTITUTION, THE GEORGIA CONSTITUTION, AND PERTINENT LAWS; TO PROVIDE FOR PRECLEARANCE OF THE NEW ELECTION DISTRICTS IN ACCORDANCE WITH SECTION 5 OF THE VOTING RIGHTS ACT OF 1965, AS AMENDED; TO ESTABLISH AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

A copy of the proposed charter amendment is on file in the City Manager's Office and in the Office of the Clerk of the 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. The City Clerk's Office is located in Suite 303 of the Administration Building (300 Henry Ward Way). A public hearing regarding this proposed ordinance will be held on October 4, 2011 during the regularly scheduled Council Meeting.

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# 291093 Public Hearings Home Rule Ordinance 2011-02 Published: 10/7/2011

GEORGIA LAWS 2012 SESSION
s/ SHERRIE JONES Sherrie Jones, Affiant

5829

Verified s/ DE

Sworn to and Subscribed before me This 10th day of Nov, 2011.

s/ DARIAN TRENT SEXTON Notary Public (Darian Trent Sexton)

My Commission Expires: 03/23/2013

[SEAL]

CITY OF GAINESVILLE, GEORGIA PUBLIC NOTICE

The Gainesville City Council will consider the following Home Rule ordinance for the second reading at the next regularly scheduled Council Meeting on Tuesday, October 18, 2011 at 5:30 PM. The meeting will be held in the Municipal Court Room of the Gainesville Safety Complex which is located at 701 Queen City Parkway, Gainesville, Georgia.

HOME RULE ORDINANCE 2011-02

A HOME RULE ORDINANCE AMENDING THE CHARTER OF THE CITY OF GAINESVILLE, GA (GA. LAWS 1979, P. 3302, AS AMENDED) AT CHAPTER 6, ELECTIONS, SECTION 6.13, WARDS, IN ACCORDANCE WITH THE STANDARDS AND PROCEDURES SET FORTH AT O.C.G.A. SECTION 36-35-4.1 FOR THE PURPOSE OF REAPPORTIONING ELECTION DISTRICTS BASED UPON PUBLICATION OF THE 2010 U. S. DECENNIAL CENSUS; TO ESTABLISH NEW ELECTION DISTRICT BOUNDARIES FOR FUTURE ELECTION OF CITY COUNCIL IN COMPLIANCE WITH REQUIREMENTS OF THE U. S. CONSTITUTION, THE GEORGIA CONSTITUTION, AND PERTINENT LAWS; TO PROVIDE FOR PRECLEARANCE OF THE NEW ELECTION DISTRICTS IN ACCORDANCE WITH SECTION 5 OF THE VOTING RIGHTS ACT OF 1965, AS AMENDED; TO ESTABLISH AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

A copy of the proposed charter amendment is on file in the City Manager's Office and in the Office of the Clerk of the 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,

5830

MUNICIPAL HOME RULE ORDINANCES

Georgia upon request. The City Clerk's Office is located in Suite 303 of the Administration Building (300 Henry Ward Way).

Filed in the Office of the Secretary of State November 23, 2011. __________

CITY OF ATLANTA INTERNAL AUDITOR; SELECTION.

CITY COUNCIL ATLANTA, GEORGIA

11-O-1494

AN ORDINANCE BY COMMITTEE ON COUNCIL

AN ORDINANCE AMENDING THE CHARTER OF THE CITY OF ATLANTA ADOPTED UNDER AND BY VIRTUE OF THE AUTHORITY OF THE MUNICIPAL HOME RULE ACT OF 1965, (GA. LAWS 1965 p. 298, ET SEQ.) AS AMENDED, TO CLARIFY THE SELECTION PROCESS FOR THE CITY OF ATLANTA INTERNAL AUDITOR AS SET OUT AT ARTICLE 2, CHAPTER 6, SECTION 2-601 (a) OF THE CHARTER OF THE CITY OF ATLANTA (GA. LAWS 1996, p. 4469, ET SEQ.); TO REPEAL CONFLICTING ORDINANCES AND CHARTER AMENDMENTS, AND FOR OTHER PURPOSES.

WHEREAS, Section 2-601 (a) of Article 2, Chapter 6, of the City of Atlanta Charter provides that the city internal auditor "shall be appointed by a majority of the members of the audit committee, subject to confirmation by a majority of the council, for a period not to exceed six years"; and

WHEREAS, controversy has recently arisen with respect to whether the council may revise the term proposed by the audit committee when the council determines whether the audit committee's nominee should be approved; and

WHEREAS, Section 36-24-2 of the Georgia State Code provides that the governing body of any municipal corporation shall have the power to "define, regulate and alter the powers, duties, qualifications, compensation, and tenure of all municipal officers, agents, and employees. . ."; and

WHEREAS, the Supreme Court of the State of Georgia has determined that such power is not delegable.

GEORGIA LAWS 2012 SESSION

5831

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ATLANTA, GEORGIA, AS FOLLOWS:

SECTION 1. That Section 2-601 (a) of the City of Atlanta Charter is amended, as set out below in bold and strikeout text, to revise said section as follows:

(a) There is hereby created the office of city internal auditor. The city internal auditor must be a certified internal auditor or a certified public accountant, demonstrating at least ten years' experience in public financial and fiscal practices, performance and financial auditing, and municipal accounting. The city internal auditor shall be appointed by a majority of the members of the audit committee for a period of five years, subject to confirmation by a majority of the council, for a period not to exceed six years. Removal of the city internal auditor from office before the expiration of the designated term shall be for cause by a vote of two-thirds of the members of city council.

Charter Section 2-601 (a), as revised above will then read as follows:

(a) There is hereby created the office of city internal auditor. The city internal auditor must be a certified internal auditor or a certified public accountant, demonstrating at least ten years' experience in public financial and fiscal practices, performance and financial auditing, and municipal accounting. The city internal auditor shall be appointed by a majority of the members of the audit committee for a period of five years, subject to confirmation by a majority of the council. Removal of the city internal auditor from office before the expiration of the designated term shall be for cause by a vote of two-thirds of the members of city council.

SECTION 2. A copy of this proposed amendment to the Charter of the City of Atlanta. Georgia (Ga. Laws 1996, p. 4469, et seq.) approved April 15, 1996, as amended, shall be filed in the Office of the Municipal Clerk of the City of Atlanta and in the Offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties and that a "Notice of Proposed Amendment to the Charter of the City of Atlanta, Georgia", attached hereto as Exhibit "A" and by reference, made a part hereof, be published in the official organ of the county of the legal situs of the city of Atlanta or in a newspaper of general circulation in the City of Atlanta once a week for three weeks within a period of 60 days immediately preceding its final adoption.

SECTION 3. That all other ordinances and parts of ordinances in conflict herewith are hereby waived to the extent of said conflict in this instance only.

5832

MUNICIPAL HOME RULE ORDINANCES

ADOPTED by the Atlanta City Council

Nov. 21, 2011

APPROVED as per City Charter Section 2-403 Nov. 29, 2011

A true copy s/ FERIS WEBB, III Deputy Municipal Clerk

EXHIBIT "A"

NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF
ATLANTA, GEORGIA

Notice is hereby given that an ordinance has been introduced to amend the Charter of the City of Atlanta, Georgia captioned as follows:

AN ORDINANCE AMENDING THE CHARTER OF THE CITY OF ATLANTA ADOPTED UNDER AND BY VIRTUE OF THE AUTHORITY OF THE MUNICIPAL HOME RULE ACT OF 1965, (GA. LAWS 1965 p. 298, ET SEQ.) AS AMENDED, TO CLARIFY THE SELECTION PROCESS FOR THE CITY OF ATLANTA INTERNAL AUDITOR AS SET OUT AT ARTICLE 2, CHAPTER 6, SECTION 2-601 (a) OF THE CHARTER OF THE CITY OF ATLANTA (GA. LAWS 1996, p. 4469, ET SEQ.); TO REPEAL CONFLICTING ORDINANCES AND CHARTER AMENDMENTS, AND FOR OTHER PURPOSES.

A copy of the proposed amendment is on file in the office of the Municipal Clerk of the City of Atlanta and in the offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia, for purposes of examination and inspection by the public.

This _____ day of ________________________, 2011

Rhonda Dauphin Johnson Municipal Clerk City of Atlanta
PUBLISHER'S AFFIDAVIT
CARRIE EVANS personally appeared before me, the undersigned Notary Public, who states that she is an ACCOUNT EXECUTIVE for THE ATLANTA JOURNAL AND

GEORGIA LAWS 2012 SESSION

5833

CONSTITUTION newspaper, a newspaper of general circulation published in the City of Atlanta, Georgia, and who further states under oath that the advertisement attached hereto and made part of this affidavit appeared in The Atlanta Journal-Constitution on the following date: NOVEMBER 3 and November 10 and NOVEMBER 17, 2011

s/ CARRIE EVANS (ACCOUNT EXECUTIVE SIGNATURE)

SWORN TO AND SUBSCRIBED BEFORE ME THIS 21 DAY OF NOVEMBER, 2011.

s/ LYNSUE CHUKURA (NOTARY SIGNATURE)

[SEAL]

PUBLIC NOTICE

NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA,
GEORGIA

Notice is hereby given that an Ordinance (11-O-1494) has been introduced to amend the Charter of the City of Atlanta, Georgia captioned as follows:

An Ordinance amending the Charter of the City of Atlanta adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965, (Ga. Laws 1965 p. 298, Et Seq.) as amended, to clarify the selection process for the City of Atlanta Internal Auditor as set out at Article 2, Chapter 6, Section 2-601 (a) of the Charter of the City of Atlanta (Ga. Laws 1996, p. 4469, Et Seq.); to repeal conflicting ordinances and charter amendments; and for other purposes.

A copy of the proposed amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for purposes of examination and inspection by the public.

Given Under My Hand And Seal Of This Office On This 27TH day of October, 2011.

Rhonda Dauphin Johnson Municipal Clerk

5834

MUNICIPAL HOME RULE ORDINANCES PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF DEKALB

Personally appeared before me, the undersigned, a Notary Public within and for said county and state, Carolyn J. Glenn, Publisher of The Champion Newspaper, published at Decatur, County of DeKalb, State of Georgia, and being the official organ for the publication of legal advertisements for said county, who being duly sworn, states on oath that the report of PUBLIC NOTICES, 11-O-1494 was published in said newspaper on the following date(s):

11/03/11, 11/10/11, 11/17/11

s/ CAROLYN JERNIGAN GLENN CAROLYN J. GLENN, PUBLISHER

Sworn to and subscribed before me this 12/05/11.

s/ JACQUELINE BRYANT Notary Public My commission expires September 22, 2014

[SEAL]

PUBLIC NOTICE

Notice of Proposed Amendment to the Charter of the City of Atlanta,
Georgia

Notice is hereby given that an Ordinance (11-O-1494) has been introduced to amend the Charter of the City of Atlanta, Georgia captioned as follows:

An Ordinance amending the Charter of the City of Atlanta adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965, (Ga. Laws 1965 p. 298, Et Seq.) as amended, to clarify the selection process for the City of Atlanta Internal Auditor as set out at Article 2, Chapter 6, Section 2-601 (a) of the Charter of the City of Atlanta (Ga. Laws 1996, p. 4469, Et Seq.); to repeal conflicting ordinances and charter amendments; and for other purposes.

GEORGIA LAWS 2012 SESSION

5835

A copy of the proposed amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for purposes of examination and inspection by the public.

Given Under My Hand And Seal Of This Office On This 27th day of October, 2011.

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF FULTON Re: 1778020

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:

11/03/2011, 11/10/2011, 11/17/201

s/ PATRICE GRANT Patrice Grant (Agent)

s/ K. MOSLEY Kaweemah Mosley (Notary Public) Subscribed and sworn to before me this 17th of November, 2011

[SEAL]

PUBLIC NOTICE NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA,
GEORGIA

Notice is hereby given that an Ordinance (11-O-1494) has been introduced to amend the Charter of the City of Atlanta, Georgia captioned as follows:

An Ordinance amending the Charter of the City of Atlanta adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965, (Ga. Laws 1965 p. 298, Et Seq.) as amended, to clarify the selection process for the City of Atlanta Internal Auditor as set out at Article 2, Chapter 6, Section 2-601 (a) of the Charter of the City of Atlanta

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(Ga. Laws 1996, p. 4469, Et Seq.); to repeal conflicting ordinances and charter amendments; and for other purposes.

A copy of the proposed amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for purposes of examination and inspection by the public.

GIVEN UNDER MY HAND AND SEAL OF THIS OFFICE ON THIS 27th day of October, 2011.

Rhonda Dauphin Johnson Municipal Clerk

Filed in the Office of the Secretary of State December 14, 2011. __________

CITY OF WEST POINT NEW CHARTER.

PART I CHARTER1

Art. I. In General, 1, 2 Art. II. Mayor and Council, 310 Art. III. Officers and Employees, 1119 Art. IV. Courts, 20, 21 Art. V. Elections, 22, 23 Art. VI. General Powers and Authority, 24, 25 Art. VII. Removal of Officials, 26

1Editor's note--Ord. of 8-08-05, 1, deleted in its entirety, the former Arts. I--X and App. I., and enacted a new Arts. I--VII as set out herein. The former Arts. I--X and App. I, pertained to in general, mayor and aldermen, officers and employees, courts, elections, taxation, licenses and business regulations, utilities, improvements, flood control and Constitutional Amendments. 1. A motion was passed in regular monthly city council meeting on Aug. 8, 2005 to adopt a revised charter for the City of West Point. 2. A motion was passed in a regular monthly city council meeting on Sept. 12, 2005 to officially adopt a revised charter for the City of West Point. See the Charter Comparative Table for complete derivation. Printed here in as originally adopted on Sept. 12, 2005.

GEORGIA LAWS 2012 SESSION ARTICLE I. IN GENERAL

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Sec. 1. City incorporated; constituted body corporate, politic.

The inhabitants of the territory now embraced in the corporate limits of the City of West Point, located in the Counties of Troup and Harris and State of Georgia, be, and they are hereby incorporated under the name and style of the City of West Point, and by that name shall be, and are, hereby invested with all the rights and powers and privileges incident to municipal corporations in this state, and all the rights, powers, as heretofore incorporated, shall be and are hereby vested in the City of West Point created by Georgia Laws 1900, Page 474 (the "Act"). And the said City of West Point, created by the Act, may sue and be sued, contract and be contracted with, plead and implead, have and use a common seal, make and enact through its mayor and city council, such ordinances, rules, regulations, titles, property, easements and hereditaments now belonging and resolutions for the transaction of its business and the welfare and proper government of said city as to said mayor and city council may seem best and which shall be consistent with the laws of the State of Georgia, and the United States and the said City of West Point shall be able, in law, to purchase, hold, receive, enjoy, possess and retain in perpetuity, personal, lands, tenements, hereditaments of what kind and nature soever within the limits or without the limits of said city for corporate purposes. Said City of West Point, created by this Act, is hereby made responsible as a corporate body for all the legal debts, liabilities and undertakings of said City of West Point as heretofore incorporated. (Ga. Laws 1987, p. 3784)

Sec. 2. Corporate limits.

The corporate limits of the City of West Point shall be as follows:

All of fractional Land Lots 57-58 and 59 lying on the west side of the Chattahoochee River in the 16th. Land District of what was Carroll but is now Troup County, Georgia; the above area being bounded on the west by the Georgia-Alabama State Line.

Also: Fractional Land Lots 316-317-318, a portion of 277-275 and 286, the whole of 283.284-285 and 276, all in the 5th. Land District, Troup County, Georgia, lying on the east side of the Chattahoochee River.

Also: Fractional Land Lot 319, a portion of Fractional Land Lot[s] 320 and 281; a portion of Land Lot[s] 282 and 278 in the 5th. Land District, Harris County, Georgia, lying on the east side of the Chattahoochee River is more fully described as follows, to-wit: Begin at a point where the center line of the Georgia Power Company high tension tower line intersects the northeast bank of the Chattahoochee River in Fractional Land Lot No. 320; thence as a

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physical marker follow said high tension line a northeasterly direction until the same intersects the east margin of Land Lot No. 282 for a corner; thence in a northerly direction along the Land Lot Line between Land Lot No. 282 on the west and Land Lot No. 277 on the east for 350 feet, more or less, to a concrete monument located on the north margin of Old Georgia Highway No. 103, which is also East Sixth Street; thence in a southeasterly direction along the north margin of said Street for 459.2 feet to the point of intersection of the north margin of Old Georgia Highway No. 103 and the northwest margin of Federal Highway No. 185; thence in a northeasterly direction along the northwest margin of Federal Highway No. 185 for 1482.8 feet, more or less, to the point of intersection of the northwest margin of Federal Highway No. 185 and the south margin of Land Lot No. 277 in the 5th. Land District of Troup County, Georgia (said last named point being the point of intersection of the northwest margin of Federal Highway No. 185 and the Troup County, Georgia-Harris County, Georgia County Line); thence in an easterly direction along the Troup County-Harris County Line for 7496.8 feet, more or less, to the southeast corner of Land Lot No. 224; thence north along the east margin of Land Lot No. 224 for 2970 feet, more or less, to the northeast corner of Land Lot No. 224; thence west along the north margin of Land Lot No. 224 for 2970 feet to the northeast corner of Land Lot No. 224, which is also the southeast corner of Land Lot No. 236; thence in a northerly direction along the east margin of Land Lot No. 236 for 1485 feet, more or less, to the mid-point of Land Lot No. 236; thence west along the mid-point line of Land Lot No. 236 for 2970 feet, more or less, to the east margin of Land Lot No. 276; thence north along the east margin of Land Lot No. 276 to the northeast corner; thence west along the north margin of Land Lot No. 276 to the southeast margin of the A. & W. P. Railroad right-of-way for a corner; thence north parallel with the north and south Land Lot Line 1485 feet, more or less, to center of Land Lot No. 275 for a corner; thence west parallel with the east and west Land Lot Line 1485 feet, more or less, to an iron pin located on the west margin of U. S. Highway No. 29 for a corner; thence in a northeasterly direction along the west margin of U.S. Highway No. 29, for 1760 feet, more or less, to the south margin of what is known as the Garland Road for a corner; thence east along the south margin of said road and parallel with the east and west Land Lot Line 1935 feet, more or less, to the north and south one-half Land Lot Line of Land Lot 286; thence south parallel with the north and south Land Lot Line for 250 feet, more or less, to the north margin of Land Lot 285 for a corner; thence west along the north margin of Land Lot 285 and fractional Land Lot 316 to the east bank of the Chattahoochee River for a corner; thence in a southerly direction along the east bank of said river to the beginning point. (Ga. Laws 1987, p. 3784)

GEORGIA LAWS 2012 SESSION ARTICLE II. MAYOR AND COUNCIL

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Sec. 3. Municipal government vested in mayor and council members.

The government of said city shall be vested in a mayor and six council members. The present mayor and council members of the City of West Point shall continue in office until the expiration of the term for which they were elected, and until their successors are elected and qualified; and they and their successors and associated shall have and exercise all the rights, powers and duties hereby conferred on the mayor and council members of said City of West Point created by the Act. (Ga. Laws 1987, p. 3784)

Sec. 4. Powers generally.

The mayor and council members of said city shall have full power and authority to pass by-laws and ordinances respecting public buildings and grounds, regulations and ordinances for the prevention and punishment of disorderly conduct and conduct liable to disturb the peace and tranquility of any citizen or citizens thereof, and any other by-law, regulation, and ordinance that they may deem proper for the security of the peace, health, order and good government of said city. (Ga. Laws 1987, p. 3784)

Sec. 5. General penalty for violation of ordinances.

The mayor and council members shall have full power and authority to prescribe by ordinances adequate penalties for all offenses against the ordinances of said city; in ways hereinbefore provided for, and to punish offenses by fines and/or imprisonment not exceeding the limits prescribed by state law for each offense, or both, to enforce the payment of fines, to compel offenders and those who refuse to pay said fines to work on the streets or public works of said city. They shall have power to compel offenders sentenced to imprisonment in the city jail, as aforesaid, to labor on public works or on the streets to be regulated by ordinance. (Ga. Laws 1987, p. 3784)

Sec. 6. Conflict of interests.

It shall not be lawful for the mayor or any council member to be interested either directly or indirectly, in any contract with the City of West Point, the mayor and council members, or any one of them, having for its object public improvement of the city or any part thereof, or for material to be used for such purpose or the expenditure of its moneys. Nor shall the mayor or any council member be involved with or have any interest in any matter which

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involvement and/or interest shall be deemed to be a conflict of interest as such is defined and described under any applicable state or federal law, rule, or regulation. Any violation of this section by the mayor or council member, or any one of them, shall be punished as provided by law. (Ga. Laws 1987, p. 3784)

Sec. 7. Qualifications for mayor and council members.

No person shall be eligible to the office of mayor or council member of said city unless he or she shall have met all qualifications for such candidacy as set forth in the Constitution and statutes of the State of Georgia. (Ga. Laws 1987, p. 3784)

Sec. 8. Terms of office; filling vacancy.

The date for the conduct of municipal elections for the city shall be as established by the laws and Constitution of the State of Georgia. On such election date in every fourth year an election shall be held for a mayor whose term of office shall be four years and until his successor is elected and qualified. On the date set by state law for the conduct of municipal elections and biennially thereafter there shall be held an election at which three council members shall be elected for a term of four years to succeed the council members whose terms of office shall have expired at the date of such election. Such council members shall hold office until their successors are elected and qualified.
If any vacancy occurs in said council, the vacancy shall be filled, for the unexpired term, by the mayor and council.
If any vacancy occurs in the office of mayor, the vacancy shall be filled, for the unexpired term, by the then sitting Mayor pro tem; provided, however, that if such vacancy occurs within the first sixteen months of the vacated mayor's term, the Mayor pro tem shall serve only until his successor is elected and takes office as hereinafter provided.
If such vacancy in the office of mayor occurs within the first sixteen months of the vacated mayor's term, a special election shall be held in conjunction with the next general municipal election following such vacancy for the purpose of electing a mayor to serve the balance of the vacated mayor's unexpired term. The person so elected shall take office on the second Monday in January immediately following such special election.
If any vacancy occurs in the office of Mayor subsequent to the expiration of sixteen months of the vacated mayor's term the Mayor pro tem shall serve the remainder of the vacated mayor's unexpired term. (Ga. Laws 1987, p. 3784)

GEORGIA LAWS 2012 SESSION Sec. 9. Time for taking office; oath.

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On the second Monday in January, each year, the persons elected to the office of mayor and council members shall appear at the council chamber in said city and take and subscribe before some judicial officer, or the mayor of said city then in office, the following oath:
"I do solemnly swear that I will perform the duties of mayor (or council member, as the case may be) of the City of West Point, to the best of my skill and ability, and as to me shall deem to the best interest and welfare of said city without fear, favor or affection. So help me God." And shall forthwith enter upon the discharge of the duties of his or her office. (Ga. Laws 1987, p. 3784)

Sec. 10. Mayor; general powers and duties.

The mayor of said city shall be the chief executive officer of the City of West Point. He or she shall see that all laws, ordinances, resolutions and rules of said city are faithfully and fully executed and enforced and that all the officers of said city faithfully discharge the duties required of them. He or she shall have general supervision and jurisdiction of the affairs of said city. He or she shall preside at all meetings of the mayor and council of said city, and shall have the right to vote in all elections and upon all questions which may come before said body, except upon questions where he or she is disqualified by reason of interest or otherwise. (Ga. Laws 1987, p. 3784)

ARTICLE III. OFFICERS AND EMPLOYEES

Sec. 11. Filling vacancies.

The mayor and city council shall have full power and authority to fill any vacancy that may occur in any office, held under election or appointment by the said mayor and council, for the unexpired term of such office. (Ga. Laws 1987, p. 3784)

Sec. 12. Performance bonds; payment into treasury.

The mayor and city council shall have full power and authority to establish a bond to insure the faithful performance of the duties of the officers of said city, such bond fees when collected to be paid into the city treasury. (Ga. Laws 1987, p. 3784)

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MUNICIPAL HOME RULE ORDINANCES

Sec. 13. Mayor pro tempore; election; term of office.

At the first regular meeting of the mayor and city council in January of each year, they shall elect one of their number Mayor pro tem, whose term of office shall be for one year and until his successor is elected and qualified. (Ga. Laws 1987, p. 3784)

Sec. 14. Election of city officers.

At the first regular meeting of the mayor and city council of said city in January of each year, they shall elect a city clerk and city treasurer, a municipal court judge, a recorder pro tempore, a city attorney, a city physician, a city engineer, and a city sexton. Each of said officers shall take such oath, give such bond, receive such salary and perform such duties as the mayor and city council may prescribe. (Ga. Laws 1987, p. 3784)

Sec. 15. Duties of chief of police.

It shall be the duty of the Chief of Police of said city to levy all executions in favor of said city for taxes and fines, and advertise and sell the property levied on, in accordance with the laws governing sheriff's sales of this state. (Ga. Laws 1987, p. 3784)

Sec. 16. City manager; duties.

The mayor and city council shall appoint for an indefinite term an officer whose title shall be city manager and who shall be the head of the administrative branch of the city government. The city manager shall serve at the pleasure of the mayor and city council and shall receive such salary as the city council shall fix. The city manager shall be responsible to the mayor and city council for the proper administration of the affairs of the city. As the chief administrator, the city manager shall have the power to appoint and remove all employees in the administrative service of the city, except the city clerk, city attorney, city physician, utilities superintendent, chief of police, chief of fire department, city engineer, and city sexton, municipal court judge, who shall be appointed as provided in this charter; and provided that the city manager may only recommend the employment of department heads, as defined by ordinance, who shall be hired and fired only with the approval of the mayor and city council. It shall be the duty of the city manager to supervise the administration of the affairs of the city; to see that the ordinances, regulations and resolutions of the mayor and city council and the laws of the state of Georgia are faithfully executed and enforced; to make such recommendations to the mayor and city council concerning the affairs of the city as he or she shall deem expedient; to keep the mayor and city council advised of the financial

GEORGIA LAWS 2012 SESSION

5843

condition of the city and of future financial needs of the city; to attend all meetings of the mayor and city council as directed by the mayor and city council, and to prepare and submit to the mayor and city council such reports as he or she may deem expedient or as may be required of him or her by the mayor and council; and to perform all other duties as may be required of him or her by the mayor and council. The city manager shall be the purchasing agent for the city of all supplies, materials, equipment, and all other articles and wares of every kind and description used by the city. (Ga. Laws 1987, p. 3784)

Sec. 17. City clerk-treasurer; duties.

The city clerk and city treasurer, shall be one office. It shall be the duty of the clerk and treasurer to receive the tax returns, collect the taxes, licenses and special business taxes, and all other taxes, fines and assessments made by the mayor and council, keep the different fund separate, make monthly reports of the state of the different funds on hand and the condition of the treasury, attend the meetings of the mayor and council, keep minutes of such meetings and record the same in a book to be kept for that purpose, and to perform such other duties as the mayor and council may require of him or her. (Ga. Laws 1987, p. 3784)

Sec. 18. Publication of financial statement.

The clerk and treasurer of the City of West Point shall annually publish in a newspaper in said city a tabulated statement showing the receipts and disbursements of the city's money up to the thirty-first of December of the year for which the report is made. (Ga. Laws 1987, p. 3784)

Sec. 19. Investigation of city officials; subpoena power.

The mayor and city council shall be empowered and authorized through a committee or by themselves, in the discretion of said mayor and city council, whenever necessary to examine into the working of, and business of any office or conduct of any officer, and said committee, or the mayor and council conducting such examination swear witnesses and compel the attendance of persons and production of books and papers and all disclosures pertinent to such investigation as may be provided by state law. (Ga. Laws 1987, p. 3784)

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MUNICIPAL HOME RULE ORDINANCES ARTICLE IV. COURTS

Sec. 20. Municipal court; office of municipal judge; penalties.

Pursuant to the provisions of O.C.G.A. 36-32-1, there is hereby established the municipal court for the City of West Point, Georgia which shall have jurisdiction over the violation of municipal ordinances and over such matters as are by general law made subject to the jurisdiction of municipal courts.
Pursuant to the provisions of O.C.G.A. 36-32-2, there is hereby established the office of municipal court judge. The municipal court judge shall be appointed by the city council at its first regular meeting in January of each year and shall serve at the pleasure of the city council. The municipal court judge shall possess such qualifications and shall receive such compensation as shall be fixed by the city council. At its first regular meeting in January of each year the city council shall also appoint a recorder pro tempore who shall preside over the municipal court in the absence or disqualification of the municipal judge. The municipal court of the city, unless otherwise provided in a local law relating to the municipal court of the city, shall be authorized to impose any punishment up to the maximums specified by the general laws of the State of Georgia, including the maximums specified in subparagraphs (a)(2)(B) and (a)(2)(C) of O.C.G.A. 36-35-6. (Ga. Laws 1987, p. 3784)

Sec. 21. Incorporation of state law.

The provisions of O.C.G.A. 36-32-1, et seq. pertaining to the establishment, powers, authority, and jurisdiction of municipal courts are hereby adopted by the city and incorporated by reference into this charter. (Ga. Laws 1987, p. 3784)

ARTICLE V. ELECTIONS

Sec. 22. Manner of holding elections; candidate and voter qualification.

The manner of holding elections and the qualifications for candidacy for municipal office and eligibility to vote in municipal elections shall be as set forth in Article II of the Constitution of the State of Georgia and in O.C.G.A. 21-2-1, et seq. and the provisions of such article of the state constitution and sections of the state code are hereby adopted by the city and incorporated by reference into this charter. (Ga. Laws 1987, p. 3784)

GEORGIA LAWS 2012 SESSION

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See. 23. Procedures to be followed in conducting elections.

The procedures to be followed in conducting municipal elections shall be as set forth in O.C.G.A. 21-2-400, et seq. and the provisions of such sections of the state code are hereby adopted by the city and incorporated by reference into this charter. (Ga. Laws 1987, p. 3784)

ARTICLE VI. GENERAL POWERS AND AUTHORITY

Sec. 24. Powers and construction.

(a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. These powers shall include, but not be limited to, the following:
(1) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams or bodies of water within the corporate limits of the city; (2) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this charter; (3) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (4) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades; (5) Business regulation and taxation. To levy and to provide for collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for failure to pay any city taxes or fees; (6) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other applicable laws as are now or may hereafter be enacted;

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MUNICIPAL HOME RULE ORDINANCES

(7) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or outside the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (9) Eminent domain. To acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities, and any other public improvements inside or outside the city and to regulate the use thereof and, for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future; (10) Fire regulations. To fix and establish fire districts and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detention and to fire fighting; and to prescribe penalties and punishment for violations thereof; (11) Flood regulations. The City of West Point, [be and it] is hereby authorized to acquire by condemnation, eminent domain or other proceedings, any real property in the City of West Point, counties of Troup or Harris, which may be necessary for the protection of said city or counties from damage by floods or freshets. State law reference -- (Ga. Laws 1920, p. 1759, 1) (12) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing 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; (13) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (14) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (15) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (16) Jail sentences. To provide that persons given jail sentences in the municipal court may work out such sentence in any public works or on the streets, roads, drains, and squares or other public property in the city; to provide for commitment of such persons to

GEORGIA LAWS 2012 SESSION

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any jail; or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (17) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city; (18) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (19) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or 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; (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 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 such utilities are distributed, inside and outside the corporate limits of the city and to provide utility services to persons, firms, and corporations inside the corporate limits of the city as provided by ordinance; (23) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (24) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (25) Planning and zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and aesthetically pleasing community; (26) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a 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,

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MUNICIPAL HOME RULE ORDINANCES

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 now 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 or contract for 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 Georgia Public Service Commission; (32) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (33) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (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 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; and to grant franchises and rights-of-way throughout the streets and roads and over the bridges and viaducts for the use of public utilities and for private use; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands arid to impose penalties for failure to do so; (35) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipment, 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;

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to provide for manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system; (36) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; (37) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of any intoxicating liquors or alcoholic beverages, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical 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; (38) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (39) Taxes: ad valorem. To levy and provide for assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (40) Taxes: extra-ordinary. The mayor and city council may in any case of emergency, to be judged of them, levy an extraordinary tax not to exceed one-fourth of one percent of the property of said city, the said extraordinary tax to be added to the ordinary tax and collected at the same time and to be used for the same purposes. State law reference -- (Ga. Laws 1900, p. 474, 46) (41) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; (42) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (43) Urban redevelopment. To organize and operate an urban redevelopment program; and (44) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary to execute all powers granted in this charter as fully and completely as if such powers were fully stated in this charter; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and

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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. (Ga. Laws 1987, p. 3784)

Sec. 25. 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. (Ga. Laws 1987, p. 3784)

ARTICLE VII. REMOVAL OF OFFICIALS

Sec. 26. Removal of elected official from office. (a) The mayor and any council member 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 be hereinafter enacted. (b) Removal of an official pursuant to subsection (a) of this section shall be accomplished by one of the following methods:
(1) Following a hearing at which an impartial panel shall render a decision. In the event an elected official is sought to be removed by the action of the mayor and/or city council, such official shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten (10) days after the service of such written notice. The city council shall provide by ordinance for the manner in which such hearings shall be held. Any elected official sought to be removed from such office as herein provided shall have the right of appeal from the decision of the city council to the Superior Court of Troup or Harris County, Georgia. 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 Troup or Harris County, Georgia, following a hearing on a complaint seeking such removal brought by any resident of the City of West Point, Georgia. (Ga. Laws 1987, p. 3784)

Dear Sir or Madam:

By my signature below I affirm that the document attached to this letter is a true and correct copy of the official charter of the City Of West Point, adopted by ordinance at a meeting held on August 8, 2005. To the best of my knowledge all requirements of Georgia Law with respect publication arid hearing have been complied with and this charter has been recorded

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with the Superior Court Clerk of both Troup and Harris Counties. This charter supersedes and replaces the City's old charter referenced in Ga. Laws 1900, page 474.

s/ JEFF M. REED West Point City Clerk [SEAL]

s/ ERICKA R. GREENWOOD Notary Public
My Commission Expires June 27, 2009

STATE OF ALABAMA, CHAMBERS COUNTY

Before me, Charlotte Brooks a Notary Public in and for said County and state, personally appeared Nell Walls-Cowart or Cy Wood, who being by me legally sworn, deposes and says:
I am the Publisher or Publisher-Editor of The Valley Times-News, a newspaper published five days a week, in Lanett, Chambers County, Alabama, the foregoing notice of Charter Amendment Was published in said newspaper once a week for 1 consecutive weeks, beginning with the issue of August 10, 2005 and appearing in the issues of said newspaper of dates
______________________________ Publisher

s/ CY WOOD Publisher-Editor

Sworn to and subscribed before me this 6th day of Sept 2005

s/ CHARLOTTE C. BROOKS Notary Public

MY COMMISSION EXPIRES MARCH 8, 2008

PROPOSED CHARTER AMENDMENT CITY OF WEST POINT

The Charter as amended, retains much of the previous Charter, including the powers and duties of the Mayor, but removes certain antiquated language; provides for the establishment of the position of city manager; provides for succession in the event of the vacancy of the office of Mayor; provides a procedure for removal of council members for good cause provides for elections and election procedures to be conducted in accordance with state law; provides for a municipal court system to be established and operated in accordance with state law; and sets forth generally the powers which the City may exercise in the conduct of its affairs. As required by O.C.G.A. 36-35-3 the proposed amended charter is on file with the clerk of the City of West Point and Superior Court of Troup County and Harris County.

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Filed in the office of the Secretary of State February, 2012. __________